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2013
Village of Holden
Land Use Bylaw
Bylaw No. 3-2013
Prepared by:
Village of Holden Land Use Bylaw
i
Table of Contents and Figures
Table of Contents
1
Introduction ........................................................................................... 1
1.1
Title .................................................................................................................................... 1
1.2
Purpose ............................................................................................................................... 1
1.3
Definitions .......................................................................................................................... 1
1.4
Measurements .................................................................................................................. 35
2
Establishment of Districts and Regulations ........................................ 36
2.1
Establishment of Land Use Districts ................................................................................ 36
3
General Administration ...................................................................... 49
3.1
Control of Development................................................................................................... 49
3.2
Development Not Requiring a Permit .............................................................................. 49
3.3
Non-Conforming Buildings and Uses .............................................................................. 51
3.4
Development Approval Authorities ................................................................................. 52
4
Development Applications ................................................................. 53
4.1
Application for Development ........................................................................................... 53
4.2
Referral of Application .................................................................................................... 58
4.3
Decision ........................................................................................................................... 58
4.4
Development Permits and Notices ................................................................................... 60
5
Development Appeals ......................................................................... 62
5.1
Appeal Procedure ............................................................................................................. 62
5.2
Appeal Hearing ................................................................................................................ 62
5.3
Appeal Decision ............................................................................................................... 63
6
Bylaw Amendments ............................................................................ 65
6.1
Application for Amendment ............................................................................................ 65
6.2
Public Hearing Process .................................................................................................... 65
7
Enforcement ........................................................................................ 67
7.1
Contravention and Penalties............................................................................................. 67
8
General Regulations ............................................................................ 69
8.1
Accessory Buildings in Residential Districts ................................................................... 69
8.2
Accessory Buildings in Other Districts ............................................................................ 70
8.3
Amateur Radio Antennas ................................................................................................. 71
Village of Holden Land Use Bylaw
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Table of Contents and Figures
8.4
Bed and Breakfast Establishments ................................................................................... 71
8.5
Car Washes ...................................................................................................................... 71
8.6
Churches and Places of Religious Assembly ................................................................... 71
8.7
Confined Feeding Operations & Manure Storage Facilities ............................................ 72
8.8
Development on Corner Lots ........................................................................................... 72
8.9
Drive-In Businesses ......................................................................................................... 74
8.10
Existing Sub-Standard Lots ............................................................................................. 75
8.11
Fences, Walls and Hedges ............................................................................................... 75
8.12
Home Occupations ........................................................................................................... 77
8.13
Intensive Agriculture ....................................................................................................... 80
8.14
Keeping of Domestic Pets and Livestock ........................................................................ 80
8.15
Landscaping ..................................................................................................................... 80
8.16
Manufactured and Mobile Homes .................................................................................... 81
8.17
Motels .............................................................................................................................. 83
8.18
Moved-In Buildings ......................................................................................................... 84
8.19
Multiple Dwelling Developments .................................................................................... 84
8.20
Municipal Services, Sanitary Facilities & Road Availability .......................................... 85
8.21
Number of Dwelling Units on a Lot ................................................................................ 85
8.22
Objects Prohibited or Restricted in Yards ........................................................................ 86
8.23
Off-Street Loading ........................................................................................................... 87
8.24
Off-Street Parking ............................................................................................................ 88
8.25
Projection into Yards ....................................................................................................... 92
8.26
Protection from Exposure Hazards .................................................................................. 92
8.27
Recreational Vehicle Parks .............................................................................................. 93
8.28
Recreational Vehicles ...................................................................................................... 93
8.29
Service Stations and Gas Bars ......................................................................................... 94
8.30
Signs ................................................................................................................................. 95
8.31
Site Conditions ............................................................................................................... 106
8.32
Solar Energy Collection Systems ................................................................................... 107
8.33
Sour Gas Facilities ......................................................................................................... 108
8.34
Subdivision of Land ....................................................................................................... 108
8.35
Topsoil Removal ............................................................................................................ 108
8.36
Wind Energy Conversion System (Large) ..................................................................... 109
Village of Holden Land Use Bylaw
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Table of Contents and Figures
8.37
Wind Energy Conversion Systems (Small) ................................................................... 111
8.38
Wireless Communication Facilities ............................................................................... 113
9
Land Use District Regulations .......................................................... 116
9.1
R1 - Large Lot Residential District ............................................................................... 116
9.2
R2 - Small Lot Residential District ............................................................................... 122
9.3
RMH1 - Residential Manufactured Home Subdivision District ................................... 128
9.4
RMH2 - Residential Manufactured Home Park District ............................................... 132
9.5
C1 - Downtown Commercial District ........................................................................... 138
9.6
C2 -Commercial and Industrial District ........................................................................ 142
9.7
I - Institutional District .................................................................................................. 146
9.8
P - Community District ................................................................................................. 148
9.9
UR - Urban Reserve District ......................................................................................... 149
10
Land Use District Map ...................................................................... 150
Village of Holden Land Use Bylaw
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iv
Introduction
Table of Figures
Figure 1: Height of a building ........................................................................................................... 14
Figure 2: A-Frame Sign .................................................................................................................... 29
Figure 3: Canopy Sign ...................................................................................................................... 29
Figure 4: Fascia Sign ........................................................................................................................ 29
Figure 5: Freestanding Sign .............................................................................................................. 30
Figure 6: Inflatable Sign ................................................................................................................... 30
Figure 7: Projecting Sign .................................................................................................................. 31
Figure 8: Roof Sign ........................................................................................................................... 31
Figure 9: Temporary/Portable Sign................................................................................................... 31
Figure 10: Under Canopy Sign ......................................................................................................... 32
Figure 11: Accessory Building Setbacks .......................................................................................... 70
Figure 12: Corner Site Setback Requirements .................................................................................. 73
Figure 13: Side Yard Setback on a Corner Site ................................................................................ 74
Figure 14: Height Restrictions at Intersections in the Residential Districts ..................................... 76
Figure 15: Parking Stall Definitions ................................................................................................. 90
Figure 16: Placement of Fascia Signs ............................................................................................. 102
Figure 17: Sign Placement on a Parapet Wall ................................................................................. 103
Figure 18: Fascia Sign Placement on a Two Story Building .......................................................... 103
Village of Holden Land Use Bylaw
1 1
Introduction
1
Introduction
1.1
Title
The title of this Bylaw shall be the Land Use Bylaw of the Village of Holden.
1.2
Purpose
The purpose of this Bylaw is to regulate the use and development of land and buildings
within the Village to achieve the orderly and economic development of land, and for that
purpose, amongst other things:
1.
to divide the Village into districts;
2.
to prescribe and regulate for each district the purposes for which land and
buildings may be used;
3.
to establish a method of making decisions on applications for development
permits including the issuing of development permits;
4.
to provide the manner in which notice of the issuance of a development permit is
to be given; and
5.
to establish the number of dwelling units allowed on a parcel of land.
1.3
Definitions
For the purposes of this Bylaw:
1.
"abut" or "abutting" means immediately contiguous or physically
touching, and, when used with respect to a lot or site, means that the lot or
site physically touches upon another lot or site, and shares a property line
or boundary line with it;
2.
"accessory building" means a building separate and subordinate to the
main building and use which is incidental to the main building and is
located on the same parcel of land. An accessory building to a residential
use means a garage, carport, shed, tented structure, storage buildings,
hobby greenhouse, sundeck, permanently installed private swimming pool
or hot tub, and similar buildings. Where an accessory development is
attached to the main building on a lot by a roof or an open or enclosed
structure, except carports where vehicular access to the rear yard is not
obstructed, said accessory development is part of the main building and
not an accessory building and shall, unless otherwise specified in this
Bylaw, adhere to the yard and other requirements for main buildings;
Village of Holden Land Use Bylaw
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Introduction
3.
"accessory use" means a use customarily incidental and subordinate to
the main use or building and is located on the same parcel of land with
such main use or building;
4.
"Act" means the Municipal Government Act, R.S.A. 2000, as amended;
5.
"adjacent land" means land that is contiguous to a particular parcel of
land and includes land that would be contiguous if not for a highway, road,
river or stream;
6.
"agricultural industry" means an industrial activity involving the
processing, cleaning, packing or storage of the results from agricultural
production. Agricultural industry includes, but is not restricted to, seed
cleaning and/or processing plants, and grain elevators, but does not include
the manufacture of processed foods resulting from agricultural production
or abattoirs;
7.
"agricultural operation" means an agricultural operation as defined in
the Agricultural Operation Practices Act;
8.
"agricultural production" means the production of an agricultural
operation. It shall also mean the agricultural product storage, service
facilities and farmsteads which relate to the individual farm unit;
9.
"amenity area" means the area situated within the boundaries of a project
and intended for recreational purposes, which may include open spaces,
patios, balconies, communal play areas, lounges, sundecks and roofdecks
but shall not include the area occupied at grade by the buildings, service
areas, parking and driveways.
10.
"amusement establishment, indoor" means a development providing
recreational facilities with table games and/or electronic games played by
patrons for entertainment. Indoor amusement establishments include
billiard parlours and electronic games arcades with tables and/or games
and bowling alleys;
11.
"amusement establishment, outdoor" means a development providing
recreational facilities outdoors played by patrons for entertainment.
Outdoor amusement establishments include amusement parks, go-cart
tracks, and miniature golf courses. However, outdoor amusement
establishments do not include drive-in motion picture theatres, carnivals or
circuses;
Village of Holden Land Use Bylaw
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Introduction
12.
"animal hospital" means a building used by veterinarians primarily for
the purpose of consultation, diagnosis and office treatment of household
pets, but shall not include long-term board facilities for animals nor
kennels;
13.
"apartment" means a dwelling containing three (3) or more dwelling
units, but shall not mean row housing;
14.
"auctioneering establishment" means a development specifically
intended for the auctioning of goods and equipment, including the
temporary storage of such goods and equipment. Auctioneering
establishments do not include flea markets;
15.
"automotive and equipment repair shop" means a development where
automobiles, motorcycles, snowmobiles and similar vehicles are serviced
or mechanically repaired and where related accessories and parts are sold
and/or installed. Automotive and equipment repair shops include
transmission shops, muffler shops, tire shops, automotive glass shops, and
upholstery shops, but not body repair or paint shops;
16.
"automotive and recreational vehicle sales/rentals establishment"
means a development where new or used automobiles, trucks,
motorcycles, snowmobiles, tent trailers, boats, travel trailers, or similar
recreational vehicles or craft are sold or rented, together with incidental
maintenance services and sale of parts. Automotive and recreational
vehicle sales/rental establishments include automobile, recreational
vehicle, and motorcycle dealerships and rental agencies;
17.
"basement" means the portion of a development which is wholly or
partially below grade, having above grade no more than 1.8 m (6.0 ft.) of
its clear height lying below the finished level of the floor directly above;
18.
"bed and breakfast establishment" means a development within a
dwelling, which possesses a dwelling unit, where temporary sleeping
accommodations, up to a maximum of three (3) bedrooms, with or without
meals, are provided for remuneration to members of the public. A bed and
breakfast establishment shall include a boarding house;
19.
"boarding house" means a building or portion thereof where meals and
accommodations are provided for remuneration to three (3) or more
persons, exclusive of the occupant and immediate family. For the purposes
of this Bylaw, boarding houses shall not include an eating or drinking
Village of Holden Land Use Bylaw
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Introduction
establishment, a drive-in restaurant, a refreshment stand, or other similar
use;
20.
"building" includes anything constructed or placed on, in, over or under
land but does not include a highway or road or a bridge that forms part of a
highway or road;
21.
"business support services establishment" means a development
providing support services to businesses. Business support services
establishments are characterized by one or more of the following features:
the use of minor mechanical equipment for printing, duplicating, binding
or photographic processing; the provision of office maintenance or
custodial services; the provision of office security; or the sale, rental,
repair or servicing of office equipment, furniture and machines. Business
support services establishments include printing establishments, film
processing establishments, janitorial firms, and office equipment sales and
repair establishments;
22.
"campground" means a development where tents are erected and/or
recreational vehicles are parked for the purpose of overnight or short term
accommodation. A campground includes any building, structure, tent,
vehicle or enclosure accessory to the main use that is located on the land
and used as an integral part of the campground such as washhouses,
gazebos, picnic shelters, etc.;
23.
"caretaker/security residence" means a dwelling unit on a parcel of land
which is incidental and contained within a main building, or one
manufactured home which is incidental to the main use, provided that the
dwelling unit is specifically used in conjunction with the protection of
private property;
24.
"carport" means a roofed structure used for storing or parking not more
than two (2) vehicles and which has not less than forty percent (40%) of its
total perimeter open and unobstructed;
25.
"carrier" means a company or applicant that provides wireless
commercial or essential institutional communications services;
26.
"cemetery" means development of land for the interment or entombment
of the deceased, and may include, at the discretion of the Development
Authority, crematoriums, mausoleums and memorial parks or a religious
assembly, and one attached or separate manse;
Village of Holden Land Use Bylaw
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Introduction
27.
"co-location" means locating on a site and tower with other Wireless
Communications Operators;
28.
"commercial use" means a business through which products, services, or
entertainment are available to consumers, whether the general public or
other commercial establishments, and does not include the manufacturing
of products. Commercial use shall include animal hospitals, bed and
breakfast establishments, business support services establishments,
campgrounds, drive-in businesses, drive-in restaurants, eating and drinking
establishments, entertainment establishments, general retail stores,
greenhouses, health services, highway commercial uses, hotels, office
uses, personal service shops, recreation camps, recreational vehicle parks,
and resorts;
29.
"confined feeding operation" means a confined feeding operation as
defined in the Agricultural Operation Practices Act;
30.
"contractor service, limited" means a development where electrical,
plumbing, heating, painting and similar contractor services are provided,
primarily to individual households, and where goods normally associated
with the contractor service may be stored and sold, where all materials are
kept within an enclosed building, and where there are no accessory
manufacturing activities or parking or storage of more than four (4)
vehicles;
31.
"contractor service, general" means a development where building,
concrete, landscaping, electrical, excavation, drilling, heating, plumbing,
paving, road, oil field, pipeline, or similar services of a construction or
services nature are provided, which have on-site storage of materials,
construction equipment, or vehicles normally associated with the
contractor service, and which is not a limited contractor service. Any sales,
display, office or technical support service areas shall be accessory to the
main use only;
32.
"corner lot" means a lot having boundary lines on two or more roads or
highways, or with a road and a highway, at their intersection or junction.
Corner lot also means a lot having a boundary line at a point where a road
or highway changes direction by a minimum of 45 degrees within the
boundaries of the lot;
33.
"Council" mean the Council of the Village of Holden;
Village of Holden Land Use Bylaw
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Introduction
34.
"coverage" means the sum of the ground floor areas of all buildings on a
lot divided by the area of the lot;
35.
"date of issue" means the date on which the notice of a decision of the
Development Authority is published, or five (5) days after such a notice is
mailed;
36.
"day care facility" means a provincially licensed development providing
daytime personal care, maintenance and supervision to seven (7) or more
children under the age of eleven (11) years, by persons unrelated to the
children by blood or marriage, but does not include overnight
accommodation. Day care facilities include day care centres, day nurseries,
kindergartens, nursery school, and play schools and after school or baby-
sitting programs which satisfy this definition. Day care facilities shall not
include a day home, a family care facility, a group care facility, or a school
operated by a School Division;
37.
"day home" means a development operated from a dwelling supplying
supervision to a maximum of six (6) children under the age of eleven (11)
years or senior citizens, including any resident children and seniors, for
periods of more than three (3) but no more than fourteen (14) consecutive
hours. A day home may supply an outside recreation space that is both
fenced and gated, and shall meet all fire regulations and health regulations;
38.
"deck" means any open structure attached to a building having a height
greater than 0.6 m (2.0 ft.) above grade, and thereby requiring stairs and
railings as outlined in regulations approved under the Safety Codes Act. A
deck shall not have walls higher than 1.25 m (4.1 ft.) or a roof;
39.
"density" means a measure of the average number of persons or dwelling
units per unit of area;
40.
"developer" means an owner, agent or any person, firm or company
required to obtain or having obtained a development permit;
41.
"development" means
a) an excavation or stockpile and the creation of either of them, or
b) a building or an addition to or replacement or repair of a building
and the construction or placing of any of them in, on, over or under
land, or
Village of Holden Land Use Bylaw
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Introduction
c) a change of use of land or a building or an act done in relation to
land or a building that results in or is likely to result in a change in
the use of the land or building, or
d) a change in the intensity of use of land or a building or an act done
in relation to land or a building that results in or is likely to result
in a change in the intensity of use of the land or building;
and without restricting the generality of the foregoing, includes:
e) in the case of a lot used for residential purposes, alterations made
to a building or an additional building on the lot whether or not the
building is a dwelling or part of a dwelling unit,
f) in the case of a lot used for other than residential purposes,
alterations or additions made to a building on the lot or a use of the
lot which would increase either the capacity of the building or the
intensity of use of the lot,
g) the display of advertisements or signs on the exterior of a building
or on any land,
h) the deposit of earth, debris, waste materials, refuse, or any other
material on any land, including land already being used for that
purpose, or if the natural topography or drainage is altered,
i) any increase in the number of households occupying and living in
any building or on any site, and any construction or alterations or
additions which would provide for an increase in the number of
households which could occupy and live in any building or on any
site, including any increase in the number of dwelling units in a
building or on a site,
j) the placing of refuse or waste material on any land,
k) the use of land for the storage or repair of motor vehicles or other
machinery or equipment,
l) the continued use of land or of a building for any purpose for
which it is being used unlawfully when this Bylaw comes into
effect,
m) the demolition or removal of a building,
Village of Holden Land Use Bylaw
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Introduction
n) the placement of an already constructed or a partially constructed
building on a parcel of land,
o) the use of land for the parking of trailers, bunk houses, portable
dwellings, skid shacks, or any other type of portable building
whatsoever, whether or not the same has been placed or affixed to
the land in any way,
p) the removal of topsoil from land,
q) the recommencement of the use to which land or a building has
been previously put if that use has been discontinued for a period
of more than six months, or
r) the use of land for storage purposes or for the repair of equipment,
vehicles or other kinds of machinery;
42.
"development authority" means the development authority of the Village
as established by the Village's Development Authority Bylaw;
43.
"development permit" means a document authorizing a development
issued pursuant to this Land Use Bylaw;
44.
"discontinued" means the time at which, in the opinion of the
Development Authority, substantial construction activity or use, whether
conforming or not conforming to this Bylaw, has ceased;
45.
"discretionary use" means the use of land or a building provided for in
this Land Use Bylaw for which a development permit may be issued upon
an application having been made;
46.
"domestic pets" means animals which are not livestock as defined in the
Agricultural Operation Practices Act and which are often kept within a
dwelling unit. Such animals include dogs, cats, and similar animals;
47.
"drinking establishment" means a development possessing a Class A
Minors Prohibited liquor license, where the sale and consumption of liquor
on site are open to the public and where alcohol, rather than food, is the
predominant item consumed. A drinking establishment does not include an
entertainment establishment;
48.
"drive-in business" means a development which serves customers
traveling in motor vehicles driven onto the site where such business is
carried on, where normally the customer either remains in the vehicle for
service, or parks the vehicle for a short period for the purpose of doing
Village of Holden Land Use Bylaw
9 9
Introduction
business at the premises. Drive-in businesses include service stations, gas
bars, drive-in restaurants, drive-through vehicle service establishments
such as lubrication shops, recycling depots, and car washes;
49.
"drive-in restaurant" means an eating and drinking establishment which
is designed as a drive-in business. Drive-in restaurants may have one or
more of the following features: car attendant services, drive-through food
pickup services, or parking primarily intended to allow for the on-site
consumption of food within a motor vehicle;
50.
"duplex (side-by-side)" means a dwelling containing two (2) dwelling
units which share a common vertical wall (with the dwellings being
immediately beside one another);
51.
"duplex (up-down)" means a dwelling containing two (2) dwelling units
which share a common partition (with one dwelling being on 'top', and the
other being on the 'bottom';
52.
"dwelling" means any building used exclusively for human habitation.
This definition shall include single family dwellings, duplexes, row
housing, apartments, and manufactured homes;
53.
"dwelling unit" means a complete dwelling or self-contained portion of a
dwelling, set or suite of rooms which contains sleeping, cooking and
separated or shared toilet facilities, intended for domestic use, and used or
intended to be used permanently, semi-permanently, or seasonally as a
residence for one (1) household, and which, except for a secondary suite,
is not separated from direct access to the outside by another separate
dwelling unit;
54.
"dwelling, single family" means a building consisting of one (1) dwelling
unit. A single family dwelling is a dwelling which is normally constructed
on-site;
55.
"eating and drinking establishment" means a development where food
and/or beverages are prepared and offered for sale to the public, for
consumption within the premises, at an accessory outdoor seating area on
the site, or off the site. An eating and drinking establishment does not
include either a drinking establishment or an entertainment establishment
unless otherwise provided for in an approved development permit;
56.
"entertainment establishment" means a development where persons are
entertained by music, theatre, or the like. An entertainment establishment
Village of Holden Land Use Bylaw
10
10
Introduction
includes theatre, dancing or cabaret entertainment, whether recorded or
live. An eating and drinking establishment may contain within it an
entertainment establishment, but only if specifically provided for in an
approved development permit;
57.
"equipment rental establishment" means a development where tools,
appliances, recreation craft, office machines, furniture, light construction
equipment, or similar items are rented and serviced. Equipment rental
establishments do not include developments where motor vehicles or
industrial equipment are rented or serviced;
58.
"excavation" means any breaking of ground, except common household
gardening and ground care;
59.
"extensive agriculture" means the use of land or buildings, including one
dwelling, for an agricultural operation, but not including intensive
agriculture or a confined feeding operation which requires either a
registration or an approval under Part 2 of the Agricultural Operations
Practices Act;
60.
"extensive recreation" means a development where the prime reason for
location is to take advantage of natural features including the availability
of large areas of land to provide for non-facility oriented recreational
activities. In the context of a large area of land, that is, anything over 32 ha
(79.1 ac.), extensive recreation may include such activities as hunting, trail
riding, snowmobiling, hiking and other similar uses. In the context of a
smaller area of land, that is, anything under 32 ha (79.1 ha), extensive
recreation may include the provision of opportunities for viewing nature,
fishing, relaxation, and rest, and may or may not include a site where only
one or two recreational vehicles or campsites may be located, and/or one
cottage, single family dwelling or manufactured home;
61.
"exterior wall" means the outermost point of a building projection,
including, but not limited to, bay windows, oval windows, chimneys and
verandas, but not including roof overhangs less than 0.6 m (2.0 ft.);
62.
"family care facility" means a facility which provides resident service in
a dwelling to six (6) or fewer individuals who are not related to the
resident household. These individuals are physically handicapped, aged, or
disabled, and in need of adult supervision for those reasons and are
provided service and supervision in accordance with their individual
needs. This category includes foster or boarding homes for children, but
not group homes;
Village of Holden Land Use Bylaw
11
11
Introduction
63.
"fence" means a vertical physical barrier constructed to try to reduce
sound or visual intrusion or to limit unauthorized access;
64.
"floor area" means the total area of all floors of a building above grade
within the outside surface of exterior walls or within the glassline of
exterior walls and the centreline of fire walls, but not including the floor
area of basements, attached garages, sheds, open porches or breezeways,
except that all dwelling units in an apartment shall be included in the
calculation of floor area;
65.
"floor/area ratio" means the ratio or decimal resulting from dividing the
floor area of all buildings by the total site area of the parcel on which the
buildings are located;
66.
"free standing portable sign" means a sign on a standard or column
fixed to its own self-contained base and capable of being moved manually;
67.
"front line" means the boundary line of a lot lying adjacent to a highway
or road. In the case of a corner lot, the shorter of the two boundary lines
adjacent to the highway or road shall be considered the front line.
68.
"front yard" means a yard extending across the full width of a lot from
the front line of the lot to the nearest wall of the main building situated on
the lot;
69.
"fur farm" means any land, building, or premises used for the keeping,
breeding, or rearing of furbearing livestock;
70.
"garage" means a building to be used for the storage of vehicles such as a
passenger car, a truck with a gross vehicle weight of two (2) tonnes
(4409.25 lbs.) or less, a recreational vehicle, a boat, or similar chattels;
71.
"garage suite" see "secondary suite";
72.
"garden suite" see "secondary suite";
73.
"general retail establishment" means a development where, among other
goods, groceries, beverages, household goods, furniture, appliances, home
improvement supplies, hardware, printed matter, confectionary, tobacco,
pharmaceutical, personal care items, automotive parts and accessories,
electronic equipment, recordings, office equipment, stationary, second
hand goods, and similar goods are bought, rented, and/or sold, except for
any and all types of alcoholic beverages. Minor public services, such as
postal services and film processing depots may also be provided;
Village of Holden Land Use Bylaw
12
12
Introduction
74.
"government services" means a development where municipal,
provincial, or federal government services are provided directly to the
public. Government services do not include protective and emergency
services, major and minor utility services, and public education facilities.
Government services may include government administration offices,
courthouses, postal distribution offices, manpower and employment
offices and social services offices;
75.
"grade" means the ground level adjacent to the exterior walls of a
building. If the ground is not entirely level, the grade shall be the average
of the elevation of the ground around the perimeter of the building;
76.
"greenhouse" means a commercial establishment, with or without a
building, where vegetables, flowers and other plants are grown for sale as
plants, and which may include a market garden or plant nursery;
77.
"gross" means the area of a development, neighbourhood or planned area,
before deductions for roads, municipal and environmental reserves and
public utilities have been made;
78.
"gross vehicle weight" means the maximum operating weight/mass of a
vehicle as specified by the manufacturer including the vehicle's chassis,
body, engine, engine fluids, fuel, accessories, driver, passengers and cargo
but excluding that of any trailers
79.
"group care facility" means a facility which provides resident services to
seven (7) or more individuals of whom one or more may be related. These
individuals are physically handicapped, aged, or disabled, and in need of
adult supervision for those reasons and are provided service and
supervision in accordance with their individual needs. This category
includes foster or boarding homes for children, but not group homes;
80.
"group home" means a building or portion of a building used for the care
or rehabilitation or adults or children which is not predominantly related to
age or a physical disability or the care or rehabilitation of the aged or the
physically disabled. Group homes include halfway houses, addiction
rehabilitation centres, care which is an alternative to legal incarceration, or
treatment for mental illness or mental instability;
81.
"guest house" means an accessory building to a single family dwelling,
which contains a dwelling unit or part of a dwelling unit which is used
solely by members of the family or by temporary guests of the family
occupying the single family dwelling;
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Introduction
82.
"guest suite" see "secondary suite";
83.
"health service" means a development where physical or mental health
services are provided on an out-patient or on an in-patient basis. If the
services are provided on an in-patient basis, health service may include
room and board for the sick, injured, or infirm, and may also include
accessory staff residences. Such services may be of a preventative,
diagnostic, treatment, therapeutic, rehabilitative, or counseling nature.
Health services include medical, chiropractic, and dental offices, health
clinics and counseling services, hospitals, sanitariums, nursing homes,
convalescent homes, isolation facilities, psychiatric hospitals, auxiliary
hospitals, and detoxification centres;
84.
"heavy industrial use" means a development which would be considered
to be a light industrial use except that, in the opinion of the Development
Authority, the development may not be able to co-exist compatibly in
proximity to other uses or population concentrations due to: the potential
for an adverse environmental impact beyond the immediate site of the
industrial use; the potential for significant toxic or noxious by-products
such as air or water-born emissions; or the potential to emit significant
noise, smoke, dust, odour, vibration, etc., which may be offensive or
hazardous to human health, safety or well-being. Heavy Industrial uses
also include: the storage of toxic, flammable or explosive products in
significant
quantities;
rendering
plants,
petro-chemical
industrial
establishments, and alfalfa processing plants or large-scale outdoor storage
that is unsightly or visually offensive;
85.
"heavy truck and equipment" means a truck or equipment , loaded or
unloaded, with a gross vehicle weight in excess of 4.8 tonnes (10,560
lbs.);
86.
"heavy truck and equipment storage" means the on-lot storage, inside a
single accessory building, of heavy trucks and equipment owned and
operated by a resident or residents of the single family dwelling or
manufactured home situated on the same lot;
87.
"height" means, when used in relation to a building, the vertical distance
between the grade and the highest point of a building that is not a stairway
entrance, a ventilating fan, a skylight, a steeple, a chimney, a smoke stack,
a fire wall, or a flagpole, or similar device not structurally essential to the
building;
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Introduction
Figure 1: Height of a building
88.
"highway" means a highway as defined in the Public Highways
Development Act, R.S.A. 2000;
89.
"highway commercial" means a commercial use intended to serve the
motoring public and includes, but is not limited to, service or gas stations,
drive-in restaurants, and motels;
90.
"home occupation" means any occupation, trade, profession, or craft
carried on by an occupant of a dwelling as a use secondary to the
residential use of the building, and which does not change the character of
or have any exterior evidence of such secondary use other than a sign as
allowed in this Bylaw. For the purposes of this Bylaw, home occupations
are divided into two sub-classifications - major home occupations and
minor home occupations - with specific regulations for each as indicated in
this Bylaw. A minor home occupation does not include any business which
would normally attract more than then ten (10) clients per week, or the
employment at the dwelling or accessory buildings of any paid assistant,
other than the occupants of the dwelling. A major home occupation may
include a business which would normally attract more than ten (10) clients
per week, but does not include the employment at the dwelling or
accessory buildings of more than two (2) paid assistants, other than the
occupant and the occupant's family;
91.
"hotel" means a building containing rentable units, occupied or equipped
to be occupied as a temporary abode for tourists or transients, which also
may contain a general retail establishment, a drinking establishment, or an
eating and drinking establishment; however, a hotel shall not include an
entertainment establishment unless specifically provided for in an
approved development permit. A hotel shall not include a workcamp;
92. "household" means:
a)
a person, or
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Introduction
b)
two (2) or more persons related by blood, marriage, a
common law relationship, or adoption, or
c)
a group of not more than five (5) persons who are not
related by blood, marriage, or adoption,
all living together as a single housekeeping group and using cooking
facilities shared in common. A household may also include bona fide
servants, up to two (2) boarders or lodgers, or up to four (4) foster
children;
93.
"household repair service" means a development where goods,
equipment and appliances normally found within a dwelling unit may be
repaired. Household repair services include radio, television, appliance and
electronics repair shops, and furniture refinishing and upholstery shops,
but not personal service shops. Household repair services do not have any
outdoor storage;
94.
"indoor recreation facility " means a development for sports and active
recreation within an enclosed building. Indoor recreation facilities include
such facilities as ice arenas, gymnasiums, curling rinks, swimming pools,
and similar, though smaller, facilities. As well, indoor recreation facilities
may also include meeting rooms and eating and drinking establishments as
accessory uses;
95.
"industrial vehicle and equipment sales/rentals establishment" means
a development where new or used heavy vehicles, machinery or
mechanical equipment typically used in building, roadway, pipeline,
oilfield, and mining construction, manufacturing, assembling, and
processing operations and/or agricultural operations are sold or rented,
together with incidental maintenance services and sale of parts. Industrial
vehicle and equipment sales/rental establishments do not include truck and
recreational vehicle sales/rental establishments or automotive and minor
recreational vehicles sales/rental establishments;
96.
"institutional use" includes but is not limited to hospitals, public offices,
educational facilities, religious assemblies, libraries and senior citizen
housing;
97.
"in-law suite" see "secondary suite";
98.
"intensive agriculture" means an agricultural operation which operates
on an intensive basis. Without restricting the generality of the foregoing,
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Introduction
this shall include nurseries, greenhouses, and kennels, but not confined
feeding operations;
99.
"intensive recreation" means high density recreational activities such as
campgrounds, picnic grounds, fishing lodges, beach areas, marinas, riding
stables, race tracks, sports fields, golf courses, arenas, swimming pools,
tennis courts and other similar activities;
100.
"kennel" means a development in which four (4) or more domestic pets,
of any single species, over six (6) months in age are maintained, boarded,
bred, trained or cared for or kept for purposes of sale;
101.
"landfill" means a disposal site employing an engineering method of
disposing of solid wastes in a manner that minimizes environmental
hazards. A landfill shall be owned by either a municipal corporation or
agency or by a municipally-owned corporation or agency;
102.
"landscaping" means lawns, trees, shrubs, ornamental plantings, fences,
walks, or other structures and materials used in modern landscape
architecture;
103.
"lane" means a right-of-way on which motorized vehicles are normally
allowed to operate which is 10 m (32.8 ft.) or less in width;
104.
"lattice tower" means a non-solid structure made up of vertical,
horizontal and diagonal members assembled in triangular or square faced
sections that can be stacked to obtain height. The structure can stand by
itself (self-supporting), on a foundation, or it may be of the type requiring
supporting assistance of cables (guyed tower);
105.
"library and cultural exhibit" means a development where literary,
artistic, municipal and/or similar reference materials in the form of books,
manuscripts, recordings and films are stored, collected, available, and
distributed for public use, viewing, or enjoyment; or a development where
works or objects of historical, scientific or artistic value are collected,
preserved and exhibited to the public. Libraries and cultural exhibits
includes libraries, museums, and art galleries;
106.
"light industrial use" means a development which, in the opinion of the
Development Authority, may be able to co-exist compatibly in proximity
to other uses or population concentrations. Light industry is usually less
intensive than
capital
, and is more
heavy industry
-oriented than
consumer
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Introduction
-oriented. Light industries require only a small amount of raw
business
materials, area and power. For further clarification it means where:
a) raw materials are processed, and/or
b) semi-finished or finished goods, products or equipment are
manufactured and/or assembled, and/or
c) materials, goods and equipment normally associated with industrial
or commercial business are cleaned, serviced, repaired, salvaged,
and/or tested, and/or
d) goods and equipment associated with personal or household use are
cleaned, serviced, and/or repaired, and/or
e) materials, goods and equipment are stored and/or transported,
and/or
f) materials, goods and equipment are distributed and/or sold to
institutions and/or industrial and commercial businesses for their
direct use and/or to general retail establishments and/or other retail
establishments for resale to individual customers, and/or
g) personnel are trained in general industrial operations,
in such a manner, in the opinion of the Development Authority, that an
adverse environmental impact is not created beyond the immediate site of
the light industrial use, which does not produce significant toxic or
noxious by-products, and which is compatible with other industrial and
commercial uses in a concentrated setting. Light industrial uses include
motor vehicle body and paint shops, but do not include the preparation of
food and/or beverages for direct sale to the public.
Any indoor display, office, technical or administrative support areas or any
retail sale operations shall be accessory and subordinate to the light
industrial use activities identified above. The floor area devoted to such
accessory activities shall not exceed a total of thirty-three percent (33%) of
the total floor area of the building or buildings devoted to the light
industrial use, except that this restriction shall not apply where, in the
opinion of the Development Authority, a significant portion of the
industrial activity naturally and normally takes place out of doors.
107.
"liquor store" means a development or a part of a development used for
the retail sale of any and all types of alcoholic beverages to the public for
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Introduction
consumption off premises. This use may include the retail sales of related
products such as soft drinks and snack foods;
108.
"livestock" means livestock as defined in the Agricultural Operation
Practices Act;
109.
"livestock sales yard" means any enclosed area of land, with or without
accessory buildings or structures, upon which livestock is collected for
sale or for market distribution;
110.
"living quarters" means the developed area within a dwelling but does
not include basement, garage or carport, patio, or atrium;
111.
"lot" means
a) a quarter section,
b) a river lot, lake lot, or settlement lot shown on an official plan
referred to in the Surveys Act that is filed or lodged in a Land
Titles Office,
c) a part of a parcel of land described in a certificate of title if the
boundaries of the part are described in the certificate of title other
than by reference to a legal subdivision, or
d) a part of a parcel of land described in a certificate of title if the
boundaries of the part are described in the certificate of title by
reference to a plan of subdivision;
112.
"lot width" means the length of a line parallel to the front line or, in a lot
with a curved front line, perpendicular to a line running between the mid-
point of the front line and the mid-point of the rear line, measured at a
distance from the front line equal to the minimum required front yard;
113.
"main building" means a building in which is conducted the main or
principle use of the site on which it is erected;
114.
"main use" means the primary purpose or purposes for which a building
or lot is used;
115.
"maintenance" means the upkeep of the physical form of any building
which does not require a permit pursuant to the Safety Codes Act.
Maintenance will include painting, replacing flooring, replacing roofing
materials, but will not include any activity that will increase the habitable
floor area of any dwelling unit or the internal volume of any building;
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Introduction
116.
"manufactured home" means a single family dwelling, manufactured in
full compliance with both the Canadian Standards Association (CSA) Z-
240 MH National Mobile Home Standard and the Alberta Building Code
(ABC), bearing a prominently displaced CSA Z240MH Mobile Home
label AND an Alberta Municipal Affairs label that certifies compliance to
the ABC. Notwithstanding the requirement regarding labels, should a
building not have a label, it can still be considered a manufactured home
for the purposes of this Bylaw should the inspection and upgrading
procedures outlined in Section 8.16 of this Bylaw be followed. A
manufactured home is normally constructed off-site and then transported
to its site. Upon arriving at the site for location, apart from incidental
operations such as placement on a foundation and connection of utilities, it
is ready for year round use as a dwelling for one household. A
manufactured home may have a chassis, running gear or its own wheels
when it arrives on the site;
117.
"manufactured home park" means a parcel of land under single
ownership which has been planned and divided into rentable spaces or lots
for the long-term accommodation of manufactured homes;
118.
"manure storage facility" means a manure storage facility as defined in
the Agricultural Operation Practices Act;
119.
"may" is an operative word meaning a choice is available, with no
particular direction or guidance intended;
120.
"modular dwelling" means a dwelling containing one (1) dwelling unit,
and, if the provisions of this Bylaw allow, a secondary suite or an in-law
suite, which is constructed in large sections, away from the site on which
the modular home is to be placed, and under controlled conditions.
Modular homes do not include manufactured homes. A modular home
may not have a chassis, running gear or its own wheels when it arrives on
site;
121.
"motel" means a development where members of the travelling public are
lodged for brief periods of time, normally not exceeding seven (7) days, in
rentable units, and where access to each of the rentable units is
individually available from grade, either at grade or via stairways. A motel
may include minor eating and drinking establishments and convenience
retail stores. A motel shall not include a workcamp;
122.
"municipality" means the Village of Holden;
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Introduction
123.
"must" is an operative word, which means, similarly to the word shall,
that an action is imperative or mandatory;
124.
"natural area" means an area of land and/or water especially dedicated to
the protection and maintenance of biological diversity, and of natural and
associated cultural resources, and managed through legal or other effective
means. Areas such as groomed parks, recreational areas for sports, and
schoolyards are not included in this definition.
125.
"natural resource extraction industry" means an industry engaged in the
extraction of natural resources such as trees, clay, sand and gravel,
limestone, shale, coal, and other minerals including petroleum and natural
gas and which may include bringing these together with other elements
such as power or water into integrated processes for the purpose of
primary treatment into a marketable form;
126.
"net" means the area of a development, neighbourhood or planned area,
after deductions for roads, municipal and environmental reserves and
public utilities have been made;
127.
"non-conforming building" means a building
a) that is lawfully constructed or lawfully under construction at the
date a land use bylaw affecting the building or the land on which
the building is situated becomes effective, and
b) that on the date this land use bylaw becomes effective does not, or
when constructed will not, comply with this land use bylaw;
128.
"non-conforming use" means a lawful specific use
a) being made of land or a building or intended to be made of a
building lawfully under construction, at the date a land use bylaw
affecting the land or building becomes effective, and
b) that on the date this land use bylaw becomes effective does not, or
in the case of a building under construction will not, comply with
this land use Bylaw;
129.
"nuisance" means any act or deed, or omission, or thing, which is or
could reasonably be expected to be annoying, or troublesome, or
destructive or harmful, or inconvenient, or injurious to another person
and/or their property, or anything troublesome or bothersome to other
people for which complaints are received either by the Municipality's
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Introduction
office or the Royal Canadian Mounted Police, whether or not such act or
deed or omission or thing constitutes nuisance at common law;
130.
"obnoxious" means, when used with reference to a development, a use
which by its nature, or from the manner of carrying on the same, may, in
the opinion of the Development Authority, create noise, vibration, smoke,
dust or other particulate matter, odour, toxic or non-toxic matter, radiation,
fire, or explosive hazard, heat, humidity, glare, or unsightly storage of
goods, materials, salvage, junk, waste or other materials, a condition
which, in the opinion of the Development Authority, may be or may
become a nuisance, or which adversely affects the amenities of the
neighbourhood, or which may interfere with the normal enjoyment of any
land or building;
131.
"occupancy" means the use or intended use of a building or part thereof
for the shelter or support of persons or property;
132.
"occupant" means any person occupying or having control over the
condition of any property and the activities conducted on any property, be
such person the owner, lessee, tenant or agent of the owner, whether such
person resides thereon or conducts a business thereon;
133.
"off-street" means, when used as an adjective, that the defined thing is
not located on a road or highway, but rather a lot, and, further, that it is not
directly accessory to a particular use or development on a lot;
134.
"offensive" means, when used with reference to a development, a use
which by its nature, or from the manner of carrying on the same, creates or
is liable to create by reason of noise, vibration, smoke, dust or other
particulate matter, odour, toxic or non-toxic matter, radiation, fire, or
explosive hazard, heat, humidity, glare, or unsightly storage of goods,
materials, salvage, junk, waste or other materials, a condition which, in the
opinion of the Development Authority, may be or may become hazardous
or injurious to health or safety, or which adversely affects the amenities of
the neighbourhood, or interferes with or may interfere with the normal
enjoyment of any land or building;
135.
"office use" means a development where government, professional,
management, administrative, consulting, and financial services may be
provided. Office uses include the offices of lawyers, accountants,
engineers, architects, and realtors. Office uses also include insurance
firms; clerical, secretarial, employment and telephone answering and
similar office support services; banks, credit unions, loan offices and
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Introduction
similar financial institutions; the offices of governmental and public
agencies;
136.
"open space" means land and water areas which are retained in an
essentially undeveloped state and often serve one or more of the following
uses: conservation of resources; ecological protection; recreation purposes;
historic or scenic purposes; enhancement of community values and safety;
maintenance of future land use options;
137.
"outdoor storage" means a development where, in the opinion of the
Development Authority, goods, materials, or equipment are or may be
placed outside of a building on a more or less permanent or continuous
basis;
138.
"owner" means
a) in the case of land owned by the Crown in right of Alberta or the
Crown in right of Canada, the Minister of the Crown having the
administration of the land, or
b) in the case of any other land, the person shown as the owner of
land on the municipality's assessment role prepared under the Act;
139.
"parcel of land" means the aggregate of one or more areas of land
described in a certificate of title by reference to a plan filed or registered in
a Land Titles office;
140.
"park model" means a type of recreational vehicle; however, for the
purposes of this Bylaw, park models are not allowed in any District within
this Land Use Bylaw unless either recreational vehicles or recreational
vehicle parks are listed as a permitted or a discretionary use within the
District, and, further, that a park model has been specifically identified and
approved by the Development Authority within an approved development
permit. As well, park models shall not be used as dwellings within the
municipality. There are a number of types of park models. Currently, two
types described below are recognized by the recreational vehicle industry.
Park Model Trailer 102 is a unit designed to be towed by a heavy-duty tow
vehicle (auto, van, pick-up truck, etc.) but is of restricted size and weight
so that it does not require a special highway movement permit. The
maximum width when being towed is 2.6 m (8.5 ft.). These units are
designed for infrequent towing, and are not normally fitted with a 12-volt
system for fixtures and appliances. Once on site in the set-up mode it
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Introduction
normally must be connected to the local utilities. This style is normally
built on a single chassis mounted on wheels. It usually has one or more
slide-outs, but when in set-up mode the gross trailer area normally does
not exceed 37.2 m2 (400 ft.2). It conforms to the CSA Z-240 Standard for
recreational vehicles.
Park Model Recreational Unit is a unit built on a single chassis mounted
on wheels, which may be removed and returned to the factory. The unit is
designed to facilitate occasional relocation, with living quarters for a
temporary residence or seasonal use, and normally must be connected to
those utilities necessary for the operation of installed fixtures and
appliances. It normally has a floor area, including lofts, not exceeding 50
m2 (540 ft.2) in the set-up mode and has a width greater than 2.6 m (8.5 ft.)
in the transit mode. Park Model recreational units almost always require a
special tow vehicle and a special permit to move on the road as the width
of the unit is greater than 2.6 m (8.5 ft.). It conforms to the CSA Z-241
Standard for recreational vehicles.
141.
"parking area" means the area set aside for the storage and/or parking of
vehicles. Components of parking areas include parking spaces, loading
spaces, aisles, entrances and exits to the parking area, and traffic islands
where they are part of the parking area. A parking area may be within a
building;
142.
"parking lot" means a parking area which is located on a lot and not
accessory to a particular use or development;
143.
"parking space" means an area set aside for the parking of one (1)
vehicle;
144.
"patio" means any developed surface adjacent to a building on a site
which is less than 0.6 m (2.0 ft.) above ground level;
145.
"permitted use" means the use of land or a building provided for in a
Land Use Bylaw for which a development permit shall be issued upon
application having been made, provided that all of the regulations of this
Bylaw, and all of the matters left to the discretion or the satisfaction of the
Development Authority, have been complied with to the satisfaction of the
Development Authority;
146.
"personal service shop" means a development where personal services
related to the care and appearance of the body, or the cleaning and repair
of personal effects are provided to persons. Personal service shops include
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Introduction
barbershops, hairdressers, beauty salons, tailors, dressmakers, shoe repair
shops, dry cleaning establishments, and laundromats;
147.
"private club" means a development used for the meeting, social or
recreational activities of members of a non-profit philanthropic, social
service, athletic, business or fraternal organization, with neither on-site
dwellings nor hotel or motel rentable units. Private clubs may include
eating and drinking establishments and rooms for assembly;
148.
"protective and emergency services" means a development where the
administration of the protection of persons and property from injury, harm
or damage takes place, and where the equipment necessary for such
activities is stored, maintained, and supplied. Protective and emergency
services include police stations, detention centres, fire stations, and
accessory training facilities;
149.
"public education facility" means a development where educational,
training, or instruction occurs under the auspices of a School Division or
under the auspices of an organization authorized by the Province to
provide education similar to that which would be provided by a School
Division. Public education facilities include the administration offices,
storage, and maintenance operations of the School Division. Public
education facilities include public and separate schools, community
colleges, universities, technical and vocational schools, and private
academies or "charter schools", and their administrative offices and
maintenance facilities;
150.
"public or quasi-public building" means a building which is owned or
leased by a department or agency of the federal or provincial government,
or the Municipality for purposes of public administration and services and
shall also include a building for the purpose of assembly, instruction,
culture or enlightenment, or for community activities;
151.
"public or quasi-public use" means a use by a department or agency of
the federal or provincial government, or the Municipality, for public
administration and services and shall also include uses for the purpose of
assembly, instruction, culture or enlightenment, or for community related
activities;
152.
"public park" means a development designed or reserved for active or
passive recreational 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
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Introduction
facilities are publicly operated or operated by other organizations pursuant
to arrangements with the public authority owning the public park. Public
parks include 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;
153.
"public-serving recreation area" means a campground, day use area,
picnic site, lodge, hiking and skiing trail and other similar uses as
developed by either private or public interests;
154.
"public utility" means a public utility as defined in the Act;
155.
"public utility building" means a building in which the proprietor of a
public utility, as defined in the Act, maintains its office or offices and/or
maintains or stores any equipment used in connection with the public
utility;
156.
"rear line" means the boundary line of a lot lying opposite to the front
line of the lot and/or farthest from a highway or road;
157.
"rear yard" means a yard extending across the full width of a lot from the
nearest wall of the main building situated on the lot, to the rear line of the
lot;
158.
"recreation camp" means a development that contains accommodation
facilities and is used wholly or partly for recreational purposes, and
without limitation, includes trail riding ranches and guest ranches, rural
experience camps, survival training camps, fishing and hunting camps,
religious camps and camps for disabled persons;
159.
"recreational use" means a recreational development conducted on a
unified basis on a single site where the prime reason for location may be to
take advantage of natural features. A recreational use may include the
provision of day to day sporting and athletic facilities and the structures
incidental thereto such as ski slopes, golf courses, archery, trap and rifle
ranges, racetracks, boating, swimming, picnicking, athletic, and similar
uses, and may include a refreshment stand incidental to the primary use.
However, recreational use does not include extensive recreation, or a
campground, a recreational vehicle park or a recreation camp;
160.
"recreational vehicle" means a vehicular type unit primarily designed as
temporary living quarters for recreational camping or travel use, which
either has its own motor or is mounted or drawn by another vehicle.
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Introduction
Recreational vehicles include travel trailers, camping trailers, truck
campers, 5th wheels, or motor homes, but not manufactured homes, a park
model, a garage package, or a cabin on any sort of transportation device
such as skids or wheels up to a maximum interior space of 75 m2 (807.3
ft.2). Any vehicle larger than 75 m2 (807.3 ft.2) in interior space shall be
considered to be a manufactured home for the purposes of this Bylaw. A
recreational vehicle may not to be used as a permanent dwelling;
161.
"recreational vehicle park" means a development on which three or
more recreational vehicles are harboured, without regard to whether a fee
or charge is paid or made, and shall include any building, structure, tent,
vehicle or enclosure used or intended for use as part of the equipment of
such recreational vehicle park. A recreational vehicle park may include
within it a campground;
162.
"recreational vehicle storage" means a development which provides
fenced or indoor, secure, on-site storage of more than three (3) recreational
vehicles;
163.
"recycling depot" means a development where bottles, cans, newspapers,
and similar non-hazardous household goods are bought, sold, and
temporarily stored for reuse and where all storage is contained within an
enclosed building or an enclosed compound;
164.
"religious assembly" means a development where worship and related
religious,
philanthropic,
and
social
activities
occur.
Accessory
developments include rectories, manses, classrooms, and dormitories.
Religious assembly includes churches, chapels, mosques, temples,
synagogues, parish halls, convents and monasteries;
165.
"renovation" means an addition to, deletion from, or change to any
building which does not require a permit other than a plumbing permit or
an electrical permit pursuant to the Safety Codes Act;
166.
"rentable unit" means a separate unit of a hotel or motel used or intended
to be used for the temporary accommodation of one or more persons;
167.
"rental cabin" means a one-room structure (which may include in a
separate room, a washroom, bathroom, or toilet) intended for short term
occupancy, often rented for short period of time to the traveling or
vacationing public;
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Introduction
168.
"residential use" includes the occupation and use of land and buildings as
dwellings, whether on a seasonal or year-round basis;
169.
"RF Technology" means technology operating in the electromagnetic
radiating frequency bands;
170.
"road" means a right-of-way on which motorized vehicles are normally
allowed to operate, or a road as defined in the Act, but does not include
either a highway or a lane;
171.
"roof" means the top of any enclosure, above or within the vertical walls
of a building;
172.
"row housing" means a building consisting of at least three dwelling units
with each unit having direct access to the outside grade, but shall not mean
apartment;
173.
"sea can" means a container, including a sea/land/rail shipping container,
which is used as a storage vault. A sea can shall only be allowed on a lot
and used as an accessory building and/or an accessory use to a main
building or use. A sea can shall not be used for a dwelling as an addition to
a dwelling; and, notwithstanding any other provision of this Bylaw to the
contrary, not attached, in any way, to a main building;
174.
"secondary suite" means a self-contained dwelling unit, clearly
secondary in size to the main dwelling unit within a dwelling, which may
or may not share access to the outside and/or other facilities with the main
dwelling unit. A secondary suite may also be contained within an
accessory building;
175.
"service station" means a development where gasoline, lubricating oils,
and other automotive fluids and accessories for motor vehicles are bought
and sold. Service stations may also include facilities for the servicing or
repairing of motor vehicles, and a towing service dispatch point, but not
including body repair or paint shops. Service stations which do not include
any facilities for servicing or repairing of motor vehicles are often referred
to as gas bars;
176.
"setback" means, depending on the context of the term, the minimum
horizontal distance between buildings or a lot boundary and buildings;
177.
"shall" is an operative word which means the action is obligatory;
178.
"shed" means a building to be used for storage;
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Introduction
179.
"shop" means a building to be used for light industrial purposes or the
storage of vehicles larger than that allowed in a garage (2 tonne);
180.
"should" is an operative word which means that, in order to achieve local
goals and objectives it is strongly advised that the action be taken.
Exceptions shall be made only under extenuating circumstances;
181.
"show home" means a dwelling unit which is used temporarily for the
purpose of illustrating to the public the type and character of dwelling
units to be constructed in other parts of the municipality. Show homes may
contain offices for the sale of other lots or dwelling units in the
municipality and must be located within a dwelling which is either a
permitted or a discretionary use in the District in which they are located;
182.
"side line" means the boundary line of a lot lying between a front line and
a rear line of a lot. In the case of a corner lot, the longer of the two
boundary lines adjacent to the highway or road shall be considered a side
line;
183.
"side yard" means a yard extending from the front yard of a lot to the rear
yard of the lot and lying between the side line of the lot and the nearest
wall of the main building;
184.
"sign" means any visual medium, including its structure and other
component parts, used on a permanent or temporary basis to convey
information, to advertise, or to attract attention to a product, service, place,
activity, person, institution or business. Without limiting the generality of
the foregoing, signs shall include banners, placards, and painted messages,
but not national flags, interior window displays of merchandise, or signs
painted on or attached to a licensed motor vehicle;
185.
"sign area" means the total face area of a sign intended for the letters or
graphics of the message. In the case of a double-faced sign, only half of
the area of each sign face shall be used in calculating sign area;
186.
"sign, A-frame" means a type of sign commonly referred to as "sandwich
boards", composed of two hinged or otherwise joined boards which leans
on the ground;
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Introduction
Figure 2: A-Frame Sign
187.
"sign, canopy" means a sign which is part of or attached to the outside
edge of a canopy but which does not extend below the bottom edge or
surface of the canopy;
Figure 3: Canopy Sign
188.
"sign, fascia" means a sign attached to or placed flat against an exterior
vertical surface of a building, and projects no more than 0.3 m (12.0")
from the surface of the building, and does not project above the roof or
parapet. Fascia signs are also called wall signs;
Figure 4: Fascia Sign
189.
"sign, freestanding" means a sign supported by one or more uprights,
braces or pylons, and stands independently of another structure;
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Introduction
Figure 5: Freestanding Sign
190.
"sign, inflatable" means a sign made of flexible material or fabric that is
made to take on a three-dimensional shape (to blow up like a balloon)
when filled with a sufficient volume of air or gas. Commonly used as a
temporary sign for special events or promotion;
Figure 6: Inflatable Sign
191.
"sign, off site" means a sign that advertises goods, products, services or
facilities not available on the site where the sign is located, and which may
also direct persons to another location;
192.
"sign, projecting" means a sign affixed to a building or part thereof and
extending beyond the building by more than 0.3 m (1.0 ft.). This does not
include a sign attached to the ground;
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Introduction
Figure 7: Projecting Sign
193.
"sign, roof" means a sign erected upon, against or directly above the roof
of a building or the top of a parapet wall;
Figure 8: Roof Sign
194.
"sign, temporary/portable" means a sign on a standard or column fixed
to its own self-contained base and capable of being moved manually;
Figure 9: Temporary/Portable Sign
195.
"sign, under-canopy" means a sign which is attached to the bottom
surface or edge of a canopy;
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Introduction
Figure 10: Under Canopy Sign
196.
"similar use" means a use which, in the opinion of the Development
Authority, closely resembles another specified use with respect to the type
of activity, structure and its compatibility with the surrounding
environment;
197.
"site" means an area of land designed to accommodate, and intended to be
rented for, a tent or recreational vehicle or cabin;
198.
"solar energy collection system" means a system of one or more
buildings or appurtenances to buildings designed to convert solar energy
into mechanical or electrical energy and includes solar array, solar panels,
free standing, ground and roof mounted;
199.
"solar panel, free standing" means a device which is used to convert
energy contained within the sun's rays into electricity, which is not
mounted or attached to any other structure for support;
200.
"solar panels, roof mounted" means a device which is used to convert
energy contained within the sun's rays into electricity, which is located,
mounted, or attached to the roof of a structure;
201.
"stall" means an area of land upon which a manufactured home is to be
located, and which is reserved for the exclusive use of the residents of that
particular manufactured home, located within a manufactured home park;
202.
"storey" means the space between one floor of a multi-storey building
and the next floor above it. The upper limit of the top storey shall be the
ceiling above the topmost floor. A basement shall not be considered a
storey;
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Introduction
203.
"structural alterations" means the addition to, deletion from, or change
to any building which requires a permit other than a plumbing permit or an
electrical permit pursuant to the Safety Codes Act;
204.
"Subdivision and Development Appeal Board" means a Subdivision
and Development Appeal Board appointed pursuant to Village's
Subdivision and Development Appeal Board Bylaw and the Act;
205.
"Subdivision Authority" means the Subdivision Authority established
pursuant to the Act through the municipality's Subdivision Authority
Bylaw;
206.
"substandard lot" means any lot which is smaller, in area or in any
dimension, than the minimum area or dimension stipulated in the
regulations of the District in which the lot is located;
207.
"surveillance suite" means a dwelling unit used to accommodate a person
or persons whose function is to provide surveillance for the maintenance
and security of the development;
208.
"temporary development" means a development for which a
development permit has been issued and which is to exist for a limited
time only;
209.
"tie down" means an apparatus which firmly secures a manufactured
home to the ground. This apparatus usually consists of steel cables
attached to the manufactured home and concrete pylons strategically
placed on the accommodating site;
210.
"trucking and cartage establishment" means a development where
goods shipped by truck are transferred from one truck to another, or where
trucks are dispatched to pick up and/or deliver goods. Trucking and
cartage establishments may include dispatch offices or storage compounds
for the temporary storage of goods, and include moving or cartage firms
involving vehicles with a gross vehicle weight of more than 3,000.0 kg
(6,613.9 lbs.);
211.
"undeveloped lot" means a lot which does not contain a residence,
building or structure;
212.
"unit", other than when referred to as a dwelling unit, means an area of
land or a building designated as a unit in a condominium plan;
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Introduction
213.
"use" means the purpose or activity for which a site, a parcel of land, or a
lot and any buildings located on it are designed, arranged, developed, or
intended, or for which it is occupied or maintained;
214.
"vehicle repair establishment" means development used for the
servicing
and
mechanical
repair
of
automobiles,
motorcycles,
snowmobiles, recreational vehicles, and trucks, including the sale,
installation or servicing of related accessories and parts. This use class
includes transmission shops, muffler shops, tire shops, automotive glass
shops, upholsterer shops, and body repair and/or paint shops;
215.
"veterinary clinic" means a development where domestic pets are cared
for and treated, including hospitalization for fewer than four (4) days.
Veterinary clinics may also treat livestock, but they will be treated via out-
patient care. All animals shall be kept within an enclosed building;
216.
"warehouse sales establishment" means a development where bulky
goods are sold from within an enclosed building where the size and nature
of the principal goods being sold typically require large floor areas for
direct display to the purchaser or consumer. Warehouse sales
establishments include furniture stores, carpet stores, major appliance
stores, and building materials stores;
217.
"wind energy conversion system, large" means one or more buildings
designed to convert wind energy into mechanical or electrical energy and
which has a rated capacity equal to or greater than 300 kW;
218.
"wind energy conversion system, micro" means a small-scale wind
turbine, which is small is height and diameter and can be installed on the
roof of a building or structure;
219.
"wind energy conversion system, small" refers to a wind energy
conversion system (WECS) consisting of a wind turbine, a tower, and
associated control or conversion electronics, which has a rated capacity of
not more than 300 kW, and which is intended to provide electrical power
for use on-site (either behind the meter or off-grid) and is not intended or
used to produce power for resale;
220.
"wind turbine tower" refers to the guyed or freestanding structure that
supports a wind turbine generator;
221.
"wind turbine tower height" The height above grade of the fixed portion
of the wind turbine tower, excluding the wind turbine and rotor;
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Introduction
222.
"wireless communications facility" means a facility that provides
communication service using RF technology to transmit and receive voice,
picture, text and data, in either digital or analogue form, on a system of
elevating support structures. These structures include monopoles, lattice
towers (self-supported or guyed) or other configurations as well as,
although not limited to, shelters, transmitters, receivers, antennas, antenna
mounts, transmission lines, waveguides, transmission line supporting
equipment and material, aeronautical obstruction lights, antenna
equipment, antenna power dividers and matching equipment, combiners
and utility power equipment, conditioners and backup power systems;
223.
"workcamp" means a temporary residential complex used to house
workers, usually but not necessarily for a contracting firm or project, on a
temporary basis of more than twenty-eight (28) days and less than one (1)
year. A workcamp is usually made up of a number of buildings, clustered
in such fashion as to provide sleeping, eating, recreation and other basic
living facilities;
224.
"yard" means a part of a parcel upon or over which no building is to be
erected unless otherwise provided for in this Bylaw;
and all other words and expressions have the meanings respectively assigned to them in
the Act or in common law.
1.4
Measurements
Within this Bylaw, both metric and imperial measures are normally provided, the
imperial measures within brackets. The imperial measures are approximations, provided
as information, for persons who are unfamiliar with metric measures.
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Establishment of Districts & Regulations
2
Establishment of Districts and Regulations
2.1
Establishment of Land Use Districts
1.
For the purposes of this Bylaw, the Village of Holden is divided into the
following districts:
LUB Districts
R1
Large Lot Residential
R2
Small Lot Residential
RMH1
Residential Manufactured Home Subdivision
RMH2
Residential Manufactured Home Park
C1
Downtown Commercial
C2
Commercial and Industrial
I
Institutional
P
Community
UR
Urban Reserve
2.
For the purposes of this Bylaw, the R1, R2, RMH1 and RMH2 Districts
shall be considered to be Residential Districts, and the C1 District shall be
considered to be the Commercial District while the C2 District shall be
considered both a Commercial and Industrial District.
3.
The boundaries of the districts listed in this Bylaw are as delineated in the
LAND USE DISTRICT MAP, which is Part 10 of this Bylaw.
4.
Where uncertainty exists as to the boundaries of districts as delineated in
the LAND USE DISTRICT MAP, the following rules shall apply:
Rule 1 Where a boundary is shown as following a street or lane, it shall be
deemed to follow the centre line thereof.
Rule 2 Where a boundary is shown as approximately following a lot line,
it shall be deemed to follow the lot line.
Rule 3 In circumstances not covered by Rules 1 and 2, the location of the
district boundary shall be determined:
a) where dimensions are set out on the LAND USE DISTRICT
MAP, by the dimensions so set, or
b) where no dimensions are set out on the LAND USE
DISTRICT MAP with respect to such boundary, by
measurement of and use of the scale shown on the LAND
USE DISTRICT MAP.
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Establishment of Districts & Regulations
5.
Where the application of the above rules does not determine the exact
location of the boundary of a district, the Council, either on its motion or
upon written application being made to it by any person requesting the
determination of the exact location of the boundary, shall fix the portion of
the district boundary in doubt or dispute in a manner consistent with the
provisions of this Bylaw and the degree of detail as to the measurements
and directions as the circumstances may require.
The Development Authority shall maintain a list of its decisions with respect to
boundaries or portions thereof fixed by it.
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General Administration
3
General Administration
3.1
Control of Development
1.
No development other than that designated in Section 3.2 shall be
undertaken within the Village unless an application for it has been
approved and a development permit has been issued.
3.2
Development Not Requiring a Permit
1.
The following development shall not require a development permit:
a) the carrying out of works of maintenance or repair to any building,
provided that such works do not include structural alterations or
major works of renovation that would require a building permit;
b) the completion of a building which was lawfully under
construction at the date of approval of this Bylaw, provided that the
building is completed in accordance with the terms of any permit
granted in respect of it and subject to the conditions to which such
permit was granted, and provided also that the building, whether or
not a permit was granted in respect of it, is completed within a
period of twelve (12) months from the said date of said approval;
c) the use of any such buildings as referred to in subsection (b) for the
purpose for which construction was commenced;
d) the erection, construction, or maintenance, improvement or
alteration of gates, fences or walls or other means of enclosure less
than 0.9 m (3.0 ft.) in height in front yards or in side yards abutting
a highway or road, and less than 1.8 m (6.0 ft.) in rear yards or in
other side yards, and the maintenance, improvement and other
alterations of any gates, fences or walls or other means of
enclosure, unless the fencing material is razor wire or barbed wire.
An approved development permit shall always be necessary before
razor wire or barbed wire is used as a fencing material;
e) a temporary building or sign, the sole purpose of which is
incidental to the erection or alteration of a building, for which a
permit has been issued under this Bylaw;
f) the maintenance and repair of public works, services and utilities
carried out by or on behalf of federal, provincial and municipal
public authorities on land which is publicly owned or controlled;
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General Administration
g) extensive agriculture, excepting where the following situations
apply:
i.
where the lot is smaller than 32 ha (80 ac.) in size, or
ii.
where the proposed development involves a dwelling or an
accessory use or building to a dwelling, or
iii.
where beehives are proposed, or
iv.
where fences for game farming are proposed within 15.2 m
(50 ft.) of a property line adjacent to a road or highway, or
within 30 m (98.4 ft.) of the centreline of a road or
highway, or
v.
where other buildings and dugouts are proposed within:
a. 40 m (131.2 ft.) of a property line of a grid road,
b. 50 m (164 ft.) of a centreline of a minor two-lane
highway, or
c. 70 m (230 ft.) of a centreline of a major two-lane
highway or a multi-lane highway;
h) except for beehives described in Section 3.2(1)(g)(iii) above, a
building or structure with a floor area of under 10 m2 (107.6 ft.2)
which is not on a permanent foundation and which satisfies all
other applicable requirements of the Land Use Bylaw;
i) the erection of campaign signs for federal, provincial, municipal or
school board elections on privately-owned lots for no more than
thirty (30) days, or such time as regulated under provincial or
federal legislation provided that:
i.
such signs are removed within seven (7) days after the
election date,
ii.
such signs do not obstruct or impair vision or traffic,
iii.
such signs are not attached to fences, trees, or utility poles;
and
iv.
such signs indicate the name and address of the sponsor and
the person responsible for removal;
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General Administration
j) the placement of one (1) sign on internal sites, or two (2) signs on
corner sites advertising a residential property for sale or rent
displayed on the property to which it (or they) pertain(s) during the
time the property is being offered for sale or rent, with removal to
be within one (1) month after the sale or rental agreement has been
entered into, provided that such signs are a maximum of 0.6 m2
(6.5 ft.2) in area and provided further that such signs are placed or
erected no closer than 0.5 m (1.6 ft.) to a road right-of-way;
k) development within a basement which does not change or add to
the uses within a dwelling;
l) the removal of top soil in conjunction with a development for
which a development permit has been issued as per the
requirements of Section 8.35 of this Bylaw;
m) grading and/or landscaping where the proposed grades will not
adversely affect the drainage of the subject or adjacent lots;
n) the demolition or removal of any building or structure for which
erection a development permit was not required pursuant to
subsections (d) through (k) above, both inclusive.
o) solar energy collection systems placed in a rear yard with a total
area of less than 3 m2 (32.3 ft. 2).
3.3
Non-Conforming Buildings and Uses
1.
A non-conforming use of land or a building may be continued, but if that
use is discontinued for a period of six (6) consecutive months or more, any
future use of the land or building must conform to this Bylaw.
2.
A non-conforming use of part of a building may be extended throughout
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 thereto or therein.
3.
A non-conforming use of part of a lot may not be exceeded or transferred
in whole or in part to any other part of the lot and no additional buildings
may be constructed upon the lot while the non-conforming use continues.
4.
A non-conforming building may continue to be used but the building may
not be enlarged, added to, rebuilt or structurally altered except:
a) to make it a conforming building,
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General Administration
b) for the routine maintenance of the building, if the Development
Authority considers it necessary, or
c) in accordance with the powers possessed by the Development
Authority pursuant to the Act and Section 4.3(6) of this Bylaw to
approve a development permit notwithstanding any non-
compliance with the regulations of this Bylaw.
5.
If a non-conforming building is damaged or destroyed to the extent of
more than 75 percent of the value of the building above its foundation, the
building may not be repaired or rebuilt except in accordance with this
Bylaw.
6.
The use of land or the use of a building is not affected by a change of
ownership, tenancy, or occupancy of the land or building.
3.4
Development Approval Authorities
1.
For the purposes of this Bylaw, the Development Authority shall be the
person or persons appointed to be the Development Authority pursuant to
the municipality's Development Authority Bylaw, with their duties and
responsibilities that are specified in this Bylaw.
2.
The Development Authority shall:
a) keep and maintain for the inspection of the public during all
reasonable hours, a copy of this Bylaw and all amendments thereto,
and keep a register of all applications for development, including
the decisions thereof;
b) make available for inspection by the public during office hours a
register of all applications for development permits and the
decisions made thereon;
c) collect fees according to the governing Land Use Bylaw Fee
Schedule as amended from time to time by resolution of Council;
d) consider and decide upon all development permit applications.
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Development Applications
4
Development Applications
4.1
Application for Development
1.
An application for a development permit shall be completed and submitted
to the Development Authority in writing, in the form required by the
Development Authority, and shall be accompanied by:
a) a site plan showing the legal description; the front, rear, and side
yards, if any; any provision for off-street loading and vehicle
parking; and access and egress points to the site;
b) building dimensions;
c) a statement of the proposed uses; and
d) a statement of ownership of the land and the interest of the
applicant therein.
2.
Each application for a development permit shall be accompanied by a non-
refundable application fee as established by Council.
3.
The Development Authority may also require additional information in
order to assess the conformity of a proposed development with this Bylaw
before consideration of the development permit application shall
commence. Such information may include:
a) the location of existing and proposed municipal and private storm
and sanitary sewage collection and disposal, and water supply and
distribution utilities, landscaped areas and buffering and screening;
b) the height and horizontal dimensions of all existing and proposed
buildings;
c) outlines of roof overhangs on all buildings;
d) existing and proposed elevations on the site and on adjacent sites,
roads and lanes;
e) post construction site and building elevations;
f) floor plans, elevations and sections of any proposed buildings,
including the lowest floor elevation in either the basement or on the
main floor in the principal and accessory buildings;
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Development Applications
g) landscaping plans, including the location of existing and proposed
trees, shrubs, grassed areas, fences, screenings, and outdoor
furniture on the site and on adjacent boulevards within road rights-
of-way;
h) drainage plans;
i) in a Residential District, the suggested location for a future
driveway and garage or carport, if the application itself does not
include such buildings as part of the proposal;
j) future development plans for a site which is to be partially
developed through the applicable development permit;
k) in the case of a proposed home occupation, information concerning
the number of employees, the location of any goods to be kept or
stored, and an estimate of the number of client visits to be expected
to the site each week;
l) any other information or tests required by the Development
Authority, at their discretion, respecting the site or adjacent lands,
including an environmental screening of the site;
m) a statutory declaration indicating that the information supplied is
accurate; and
n) for a moved in (relocated) building or a manufactured home, the
applicant may be required to submit pictures of the exterior of the
structure which provide information relating to the age and
condition of the building and its compatibility with the District in
which it is to be located;
4.
In addition to the information requirements indicated above, each
application for industrial development may be requested, at the discretion
of the Development Authority, to be accompanied by the following
information:
a) type of industry,
b) estimated number of employees,
c) estimated water demand and anticipated source,
d) estimated gas demand and anticipated source,
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Development Applications
e) type of effluent and method of treatment,
f) type of air emissions and method of abatement,
g) estimated noise generated by the development and method of
abatement;
h) estimated light generated by the development and (if necessary)
method of abatement,
i) transportation routes to be used and estimated traffic impact,
j) reason for specific location,
k) means of solid waste disposal,
l) any accessory works required (pipeline, railway spurs, power lines,
etc.),
m) anticipated residence location of employees,
n) municipal servicing costs associated with the development,
o) physical suitability of site with respect to soils, slopes and
drainage,
p) if a subdivision is involved, the size and number of parcels and
proposed phasing (if any),
q) servicing requirements and provisions for meeting them, and
r) costs associated with providing new or upgraded municipal
services associated with the development,
s) and/or any other information as may be reasonably required by the
Development Authority.
5.
In addition to the information requirements indicated above, the
Development Authority may require for a proposed industrial use the
provision of environmental assessment information and a risk assessment
to assist the Development Authority in assessing the effect of the proposed
development in relation to the natural and human environments, and
indicate both if and how any negative matters can be mitigated.
6.
In addition to any or all of the information requirements indicated above,
each application for a commercial development may be required, at the
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Development Applications
discretion of the Development Authority, to be accompanied by the
following information:
a) physical suitability of site with respect to soils, slopes and
drainage,
b) the size and number of parcels and proposed phasing (if any),
c) servicing requirements and provisions for meeting them,
d) estimated water demand and anticipated source,
e) estimated gas demand and anticipated source,
f) type of effluent and method of treatment,
g) type of air emissions and method of abatement,
h) estimated noise generated by the development and method of
abatement,
i) estimated light generated by the development and (if necessary)
method of abatement,
j) costs associated with providing new or upgraded municipal
services associated with the development,
k) the requirements and provisions for employee and customer
parking and for site access,
l) a landscaping plan,
m) cross-sections and elevations for each building,
n) a list of proposed uses, and
o) transportation routes and estimated traffic impact.
7.
In addition to the information requirements indicated above, an application
for a development permit for the excavation, or stripping of land that is
proposed without any other development on the same land, may include
with the application, the following information:
a) location and area of the site where the excavation is to take place,
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Development Applications
b) existing land use and vegetation,
c) the type and dimensions including average depth of the excavation
to be done, and the potential, if any, to affect existing drainage
patterns on and off the site,
d) the depth and variation in depth of groundwater encountered in test
holes, if required at the discretion of the Development Authority,
e) identification of potential for outdoor noise and the discharge of
substances into the air,
f) the condition in which the site is to be left when the operation is
complete, including the action which is to be taken for restoring the
condition of the surface of the land to be affected, and for
preventing, controlling or lessening erosion or dust from the site,
g) an indication of all municipal servicing costs associated with the
development, and
h) the proposed haul route, dust control plan and expected hours of
operation.
8.
In addition to the information requirements indicated above, each
application for a sign may be accompanied by additional information at the
discretion of the Development Authority.
9.
In addition to the information requirements indicated above, the
Development Authority may also require any phase of an environmental
assessment to determine the possible contamination of the subject site and
the mitigating measures necessary to eliminate such contamination.
Alternative to or in addition to the foregoing, the Development Authority
may require a biophysical assessment to determine the potential effects of
a proposed development on the natural environment, and the measures
necessary to mitigate such effects.
10.
At the sole discretion of the Development Authority, any new
development within an existing subdivision may be required to provide to
the Development Authority, for approval, an elevation plan of the subject
site which indicates where the storm water is to be directed. Storm water
from the subject site is not to be directed onto adjoining properties unless
appropriate drainage easements or rights-of-way are in place. If the
applicant for a development permit indicates that the municipality is to
verify compliance with the elevation and/or storm water management plan,
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Development Applications
the cost to verify that the lot grades have been completed according to the
plan shall be included in the cost of the development permit.
11.
The Development Authority may refer any application for a development
permit to any person or agency for comments in writing.
12.
When, in the opinion of the Development Authority, sufficient details of
the proposed development have not been included with the application for
a development permit, the Development Authority may, at its sole
discretion, either return the application to the applicant for further details
or make a decision on the application with the information it has available.
A returned application shall be deemed to not have been submitted until all
required details have been provided to the satisfaction of the Development
Authority.
13.
The Development Authority may refuse to accept an application for a
development permit if the application is for a similar development on the
same property as a development permit which has been applied for and
refused by the Development Authority or the Subdivision and
Development Appeal Board within the last six (6) months.
4.2
Referral of Application
1.
Development in proximity to a Highway:
Applications for development located within 0.8 km (0.5 mi.) of the right-
of-way of a highway, where the proposed development would have direct
access from the highway, shall be referred to Alberta Transportation for
comment prior to any decision by the Development Authority.
4.3
Decision
1.
In making a decision, the Development Authority may approve the
application unconditionally, approve the application subject to those
conditions considered appropriate, approve the application permanently or
for a limited period of time, or refuse the application.
2.
In making a decision, the Development Authority may also impose such
conditions as are required to ensure compliance with this Bylaw including
both the verification by either an official appointed by the municipality or
by certification by either an engineer, an architect, or an Alberta Land
Surveyor that the measures indicated within the various elements of
information provided with the application, including any mitigative or
elimination measures, as described through the information provided
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Development Applications
pursuant to Section 4.1, have been completed or will be undertaken, as
appropriate, in accordance with the Development Authority's approval.
3.
The Development Authority may require that as a condition of issuing a
development permit, the applicant enter into an agreement to construct or
pay for the construction of roads, pedestrian walkways or parking areas
which serve the development or which connect the walkway with another
walkway system that serves or is proposed to serve an adjacent
development, to install or pay for the installation of public utilities other
than telecommunications systems or works, to pay an off-site levy, and/or
to give security to ensure that the terms of the agreement noted herein are
carried out.
4.
The Development Authority may also require that as a condition of issuing
a development permit, all requirements of this Bylaw and of Provincial
regulations be met, and that any further development on the subject site
require a development permit.
5.
In the case where a proposed specific use of land or a building is not
provided for in any District in the Bylaw, the Development Authority may
determine that such use is similar in character and purpose to a permitted
or discretionary use prescribed for a particular District.
6.
The Development Authority may approve an application for a
development permit even though the proposed development does not
comply with the regulations of this Bylaw, or if the development is to be a
rebuilding, an enlargement, an addition, or a structural alteration of a non-
conforming building, if, in the opinion of the Development Authority:
a) the proposed development would not:
i.
unduly interfere with the amenities of the neighbourhood,
or
ii.
materially interfere with or affect the use, enjoyment or
value of neighbouring parcels of land, and
b) the proposed development conforms with the use prescribed for
that land or building in this Bylaw.
7.
An application for a development permit shall, at the option of the
applicant, be deemed to be refused when a decision thereon is not made by
the Development Authority within forty (40) days after receipt of the
application by the Development Authority. The person claiming to be
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Development Applications
affected may appeal in writing as provided for in Part 5 of this Bylaw as
though he has received a refusal at the end of the forty (40) day period
specified in this subsection.
8.
A Development Authority may suspend or revoke a development permit at
any time:
a) where the permit was issued on the basis of incorrect information,
fraud, non-disclosure, or misrepresentation on the part of the
applicant; or
b) where the permit was issued in error.
9.
Temporary Developments
Where a development permit application in a land use district is for a
temporary development, the Development Authority:
a) may consider and decide upon a development for a specific period
of time, not exceeding one year;
b) shall impose a condition on such a permit that the municipality is
not liable for any costs involved in the cessation or removal of the
development at the expiration of the time period stated in the
permit; and
c) may require the applicant to post acceptable security guaranteeing
the cessation or removal of the development to the greater of 25%
of the value of the structure or $1,000.
4.4
Development Permits and Notices
1.
Except for those permits described in Section 4.4(3) hereof, a permit
granted pursuant to this Part does not come into effect until fifteen (15)
days after the date that notice of an order, decision, or development permit
is received as described in subsection (4). For the purposes of this Bylaw,
notice is deemed to be received on the fifth day after the date of the
issuance of the order, decision, or permit. Any development proceeded
with by the applicant prior to the expiry of this period is done solely at the
risk of the applicant.
2.
Where an appeal is made pursuant to Part 5 of this Bylaw, a development
permit which has been granted shall not come into effect until the appeal
has been determined and the permit has been confirmed, modified or
nullified thereby.
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Development Applications
3.
When a permit has been issued for the development of a permitted use, and
no provisions of this Bylaw have been relaxed or varied, no mail
notification shall be given of the decision except to the applicant.
However, notice of the decision will be posted in the Village Office.
4.
When a permit other than a permit described in Section 4.4(3) hereof has
been issued, the Development Authority shall immediately:
a) post a notice of the decision conspicuously on the property for
which the application has been made; and/or
b) mail a notice in writing to all adjacent land owners who, in the sole
opinion of the Development Authority, may be affected; and/or
c) publish a notice of the decision in a newspaper circulating in the
Village, stating the location of the property for which the
application has been made and the use approved.
5.
If the development authorized by a permit is not commenced within twelve
(12) months from the date of the issue of the development permit, and
completed within three (3) years of the date of issue, the permit is deemed
to be void, unless an extension to this period is granted by the
Development Authority.
6.
A decision of the Development Authority on an application for a
development permit shall be given in writing and a copy of it sent to the
applicant.
7.
When the Development Authority refuses an application for a
development permit, the decision shall contain reasons for the refusal.
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Development Appeals
5
Development Appeals
5.1
Appeal Procedure
1.
The Subdivision and Development Appeal Board, as established by
Village Bylaw, shall hear and make a decision on an appeal where a
Development Authority:
a) refuses or fails to issue a development permit to a person within
forty (40) days of receipt of the application, or
b) issues a development permit subject to conditions, or
c) issues an order under Part 7 of this Bylaw,
and the person applying for the permit or affected by the order, or any
other person affected by an order, decision or development permit of a
Development Authority appeals to the Subdivision and Development
Appeal Board.
2.
Any person applying for a permit or affected by an order may appeal to the
Subdivision and Development Appeal Board;
3.
Notwithstanding subsection (1) above, no appeal lies to any person except
the applicant, in respect of the issuance of a development permit for a
permitted use unless the provisions of this Bylaw were relaxed, varied or
misinterpreted.
4.
An appeal shall be made by serving a written notice of appeal and
submitting the applicable fee to the Secretary of the Subdivision and
Development Appeal Board within fourteen (14) days after:
a) the date the order, decision or permit issued by the Development
Authority was publicized in accordance with this Bylaw; or
b) the forty (40) day period referred to in Section 4.3(7) of this Bylaw
has expired.
5.2
Appeal Hearing
1.
Within thirty (30) days of receipt of a notice of appeal, the Subdivision and
Development Appeal Board shall hold an appeal hearing respecting the
appeal.
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Development Appeals
2.
The Subdivision and Development Appeal Board shall give at least five
(5) days' notice in writing of the appeal hearing to:
a) the appellant;
b) the Development Authority from whose order, decision or
development permit the appeal is made;
c) those adjacent land owners who were notified under this Bylaw and
any other person who, in the opinion of the Subdivision and
Development Appeal Board, are affected by the order, decision or
permit; and
d) such other persons as the Subdivision and Development Appeal
Board specifies.
3.
The Subdivision and Development Appeal Board shall make available for
public inspection before the commencement of the appeal hearing all
relevant documents and materials respecting the appeal including:
a) the application for the development permit, its refusal and the
appeal therefrom; or
b) the order of the Development Authority;
as the case may be.
4.
At the appeal hearing referred to in subsection (1), the Subdivision and
Development Appeal Board shall hear:
a) the appellant or any other person acting on his behalf;
b) the Development Authority from whose order, decision or
development permit the appeal is made, or if a person is designated
to act on behalf of the Development Authority, that person;
c) any other person who was served with notice of the hearing and
who wishes to be heard or a person acting on his behalf; and
d) any other person who claims to be affected by the order, decision
or permit and that the Subdivision and Development Appeal Board
agrees to hear or a person acting on his behalf.
5.3
Appeal Decision
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Development Appeals
1.
The Subdivision and Development Appeal Board shall give its decision in
writing together with reasons for the decision within fifteen (15) days of
the conclusion of the appeal hearing.
2.
If the decision of the Development Authority to approve a development
permit application is reversed by the Subdivision and Development Appeal
Board, the development permit shall be null and void.
3.
If the decision of the Development Authority to refuse a development
permit application is reversed by the Subdivision and Development Appeal
Board, the Development Authority shall forthwith approve the
development permit application in accordance with the decision of the
Subdivision and Development Appeal Board.
4.
If the decision of the Development Authority to approve a development
permit is varied by the Development Appeal Board, the Development
Authority shall forthwith approve the development permit application in
accordance with the decision of the Subdivision and Development Appeal
Board.
5.
A decision made under this part of the Bylaw is final and binding on all
parties and all persons subject only to an appeal upon a question of
jurisdiction or law pursuant to the Act. An application for leave to the
Court of Appeal shall be made:
a) to a judge of the Court of Appeal; and
b) within thirty (30) days after the issuance of the order, decision,
permit or approval sought to be appealed.
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6
Bylaw Amendments
6.1
Application for Amendment
1.
A person may apply to have this Bylaw amended by applying in writing,
furnishing reasons in support of the application and paying the fee
therefore required.
2.
Council may at any time initiate an amendment to this Bylaw by directing
the Development Authority to initiate an amendment.
3.
All applications for amendment to the Land Use Bylaw shall be made to
the Council and shall be accompanied by the following, namely:
a) an application fee according to the governing Land Use Bylaw fee
schedule as amended from time to time by resolution of Village
Council for each application, but if the proposed amendment is
adopted by Council, Council may determine that the whole or part
of the application fee may be returned to the applicant;
b) a title search for the land affected or other documents satisfactory
to the Development Authority indicating the applicant's interest in
the said land;
c) drawings drawn on standard drafting material to the satisfaction of
the Development Authority, which shall be fully dimensioned,
accurately figured, explicit and complete; and
d) any other information deemed necessary by the Development
Authority.
4.
During deliberation on the Bylaw amendment application, Council may
refer the application to such agencies as it considers necessary for
comment.
5.
Council may request such information as it deems necessary to reach a
decision on the proposed amendment.
6.2
Public Hearing Process
1.
At the discretion of Council, first reading of a proposed amendment may
be given before the Public Hearing process, and Council may require that
the applicant pay a fee for advertising according to the governing fee
schedule as amended from time to time by resolution of Village Council.
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2.
All amendments to this Bylaw shall be made by Council, by Bylaw, and in
conformity with the requirements of the Act with regard to the holding of a
public hearing.
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Enforcement
7
Enforcement
7.1
Contravention and Penalties
1.
Where a Development Authority finds that a development or use of land or
buildings is not in accordance with the Act or the regulations made
thereunder, a development permit or subdivision approval, or this Bylaw,
the Development Authority may, by notice in writing, order the owner, the
person in possession of the land or buildings, or the person responsible for
the contravention, or all or any of them to:
a) stop the development or use of the land or buildings in whole or in
part as directed by the notice, and/or
b) demolish, remove or replace the development, and/or
c) take such other measures as are specified in the notice
so that the development or use of the land or buildings is in accordance
with the Act, the regulations made thereunder, a development permit,
subdivision approval or this Bylaw, as the case may be.
2.
Where a person fails or refuses to comply with an order directed to him
under subsection (1) or an order of the Subdivision and Development
Appeal Board within the time specified, the Development Authority may,
in accordance with the Act, enter upon the land or building and take such
action as is necessary to carry out the order.
3.
Where the Development Authority carries out an order, the Council shall
cause the costs and expenses incurred in carrying out the order to be
placed on the tax roll as an additional tax against the property concerned,
and that amount shall be collected in the same manner as taxes on land.
4.
A person who contravenes or fails to comply with any provision of this
Bylaw is guilty of an offence and is liable upon summary conviction to a
fine not exceeding $10,000.00 or to imprisonment for not more than one
year, or to both fine and imprisonment, pursuant to the Act.
5.
A Development Authority may suspend or revoke a development permit
which has not been complied with, following notification, stating the
reasons for such action.
6.
In addition to the process and penalties described above, the Development
Authority or any other person identified as a designated officer by the
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Enforcement
Council for the purposes of this Section shall be authorized to issue
violation tickets in respect to any contravention of this Bylaw.
7.
Violation Tickets
a) The Development Authority or any other person identified as a
designated officer by the Council for the purposes of this Section
may issue a violation ticket to any person alleged to have breached
any provision of this Bylaw.
b) The violation ticket shall specify the alleged offence committed by
the person to whom the violation ticket is issued and require
payment, within 21 days from the date of issue of the violation
ticket, of a fine to the Village.
c) Persons contravening any provision of this Bylaw to whom
violation tickets are issued shall be liable for a penalty of $50.00
for a first offence and $100.00 for a second or subsequent offence.
Each day that a breach of the Bylaw has occurred may be
considered to be a separate offence.
d) The violation ticket shall be served upon the alleged offender
personally or by single registered mail. If payment is made within
the time limit, then such payment shall be accepted in lieu of
prosecution for the offence.
e) If a person who has been served with a violation ticket fails to pay
the fine specified therein, then the right of the alleged offender to
settle the alleged offence without a court appearance shall no
longer apply and prosecution for the alleged offence shall proceed.
f) If the person who was served with the violation ticket is thereafter
prosecuted and convicted of the offence specified in the violation
ticket, the fine imposed shall not be less than $125.00, plus court
costs, for each offence.
g) If a violation ticket has been issued with respect to a development
which has occurred without an approved development permit, all
fines indicated above shall be doubled.
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General Regulations
8
General Regulations
8.1
Accessory Buildings in Residential Districts
1.
Where a building is attached to the main building on a site by its roof, an
open or enclosed structure, a floor or a foundation, it is considered to be a
part of the main building.
2.
Except as otherwise indicated in this Bylaw, this Section applies within all
Residential Districts.
3.
No accessory building or use, other than a parking space or a fence, shall
be erected or placed within a minimum required front yard.
4.
Notwithstanding Subsection (3) above, the Development Authority may
approve the erection of an accessory building or use within the minimum
front yard requirement provided that no building is located within 15 m
(50 ft.) from the right-of-way of a highway or road.
5.
With the exception of a rear-entrance garage, an accessory building shall
be situated on an interior lot so that the exterior wall is at least 0.9 m (3 ft.)
from the side line and 0.6 m (2 ft.) from the rear line of the lot.
6.
Garages shall be located so that vehicle entrance doors shall not be closer
than 5.5 m (18 ft.) from the boundary line towards which they face or
open.
7.
On corner lots, accessory buildings shall be situated so that the side yard
which abuts the road is not less than the minimum side yard requirement
for the main building or use.
8.
An accessory building shall be not more than 4.6 m (15 ft.) in height.
9.
Except at the discretion of the Development Authority, no accessory
building may have a floor area greater than the floor area of the dwelling
on the same lot.
10.
An accessory building shall not be used as a dwelling, unless the accessory
building is a garage with an approved garage suite or a garden suite.
11.
All accessory buildings shall be constructed of materials that blend
harmoniously with the main building on the lot.
12.
No accessory building may be built on a lot before a main building or a
main use is developed on the lot.
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General Regulations
13.
Notwithstanding (12), at the discretion of the Development Authority, a
maximum of two (2) temporary, portable structures including a sea can or
recreational vehicle may be placed on a lot before a main building or a
main use is developed on the lot.
14.
Sea cans must be well-maintained and in good condition, or alternatively,
must be adequately buffered to the satisfaction of the Development
Authority. The Development Authority may require that a sea can be given
a fresh coat of paint as a condition of the issuance of a development
permit.
15.
All accessory buildings must be located a minimum of 2.1 m (7 ft.) from
the main building on the lot.
Figure 11: Accessory Building Setbacks
8.2
Accessory Buildings in Other Districts
1.
An accessory building or use is subject to the requirements for main
buildings and uses within that District.
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General Regulations
2.
Sea cans must be well-maintained and in good condition, or alternatively,
must be adequately buffered to the satisfaction of the Development
Authority. The Development Authority may require that a sea can be given
a fresh coat of paint as a condition of the issuance of a development
permit.
8.3
Amateur Radio Antennas
1.
Amateur radio antennas shall only be allowed as accessory developments.
2.
An amateur radio antenna shall conform to the following provisions:
a) it shall be installed according to the manufacturer's specifications;
b) it shall be located in the rear yard;
c) it shall conform to the height regulations in the district in which the
antenna is located;
d) it shall not be illuminated or have any signs affixed thereto; and
e) at the discretion of the development authority, it shall be
adequately buffered from adjacent land uses.
8.4
Bed and Breakfast Establishments
A bed and breakfast establishment shall comply with the following regulations:
1.
A bed and breakfast establishment shall not change the principal character
or external appearance of the dwelling involved.
2.
Cooking facilities shall not be located within the sleeping units.
3.
A bed and breakfast establishment shall comply with all of the
requirements for a home occupation described in Section 8.12 of this
Bylaw.
8.5
Car Washes
1.
The minimum lot area shall be 557.4 m2 (6000 ft.2). In the case of service
stations or gas bars including car washes, minimum lot area shall be
1114.8 m2 (12,000 ft.2).
2.
All lot and building requirements pertaining to drive-in businesses
(Section 8.9) shall also apply to car washes.
8.6
Churches and Places of Religious Assembly
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General Regulations
1.
Minimum front, side and rear yards shall be those required within the
District in which the place of religious assembly is located.
8.7
Confined Feeding Operations & Manure Storage Facilities
1.
Confined feeding operations and manure storage facilities for which an
approval, a registration, or an authorization is required pursuant to the
Agricultural Operation Practices Act are not regulated by this Bylaw but
by that Act.
8.8
Development on Corner Lots
1.
On corner lots in any district, no fence, wall, tree, bush structure or thing
more than 0.9 m (3 ft.) in height shall be erected, placed or maintained
within the triangular area formed by the intersecting boundary lines of the
lot adjacent to the highway, or road and a straight line joining points on
those boundary lines 6 m (19.6 ft.) from their intersection. (See Figure
12).l
2.
On corner lots in any district, no fence, wall, tree, bush structure or thing
more than 0.9 m (3 ft.) in height shall be erected, placed or maintained
within the triangular area formed by the intersecting boundary lines of the
lot adjacent to two lanes or a lane, a road and a straight line joining points
on those boundary lines 4.5 m (14.8 ft.) from their intersection (See Figure
12).
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General Regulations
Figure 12: Corner Site Setback Requirements
3.
Notwithstanding any other provision of this Bylaw to the contrary, the
Development Authority may require that a development on a corner site or
on a double fronting site provide two minimum required front yards, after
having regard to the orientation of adjacent lots and to the location of
accesses to the development.
4.
Notwithstanding any other provision of this Bylaw to the contrary, where a
second minimum front yard is not required on a corner site, the minimum
required side yard on the side adjacent to the road shall not be less than 4.5
m (14.7 ft.).
5.
Notwithstanding Subsection (3) above, features under 0.5 m (1.65 ft.)
above grade may project to the side line where a second minimum front
yard is not required on a corner site.
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General Regulations
Figure 13: Side Yard Setback on a Corner Site
8.9
Drive-In Businesses
1.
Points of access and egress shall be located to the satisfaction of the
Development Authority.
2.
The minimum lot area shall be 557.4 m2 (6000 ft.2).
3.
All parts of the lot to which vehicles may have access shall be hard-
surfaced and drained to the satisfaction of the Development Authority.
4.
The lot and all improvements thereon shall be maintained in clean and tidy
condition, free from rubbish and debris.
5.
Receptacles for the purpose of disposing of rubbish and debris shall be
provided as required by the Development Authority.
6.
The owner/operator of a drive-in shall be responsible for the safe and
orderly operation of motor vehicles using the lot.
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General Regulations
8.10
Existing Sub-Standard Lots
1.
Development on existing substandard lots may be allowed by the
Development Authority. Compliance with the Alberta Safety Codes Act
and any applicable Provincial Board of Health Regulations shall be
required.
8.11
Fences, Walls and Hedges
1.
Notwithstanding any regulation respecting required yards to the contrary
in this Bylaw, a fence or hedge may be constructed along a boundary line
of a lot.
2.
No fence, wall or hedge in any Residential District shall be:
a) Higher than 1.8 m (6 ft.) in side yards and rear yards, such height
to be measured as the average elevation from the ground at the
fence or wall unless otherwise provided in this Bylaw; or
b) Higher than 1 m (3.2 ft.) in front yards, except in the case of a
corner lot, the side yard adjacent to the road shall be deemed to be
a front yard for the purpose of this subsection; or
c) Higher than 1 m (3.2 ft.) within 6 m (20 ft.) of the intersection of
roads.
d) Higher than 1 m (3.2 ft.) within 4.5 m (14.8 ft.) of the intersection
of lanes, roads, or any combination of them.
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General Regulations
Figure 14: Height Restrictions at Intersections in the Residential Districts
3.
No fence, wall or hedge in any Commercial District shall be:
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General Regulations
a)
Higher than 2.43 m (8 ft.) in side yards and rear yards, such height
to be measured as the average elevation from the ground at the
fence or wall unless otherwise provided in this Bylaw; or
b)
Higher than 1.22 m (4 ft.) in front yards, except in the case of a
corner lot, the side yard adjacent to the road shall be deemed to be
a front yard for the purpose of this subsection; or
c)
Higher than 1.22 m (4 ft.) within 6.10 m (20 ft.) of the intersection
of lanes, roads, highways. or any combination thereof.
4.
All apartment or row housing developments shall provide, to the
satisfaction of the Development Authority, a wall, hedge or wooden fence
of not less than 1.22 m (4 ft.) nor more than 1.8 m (6 ft.) in height, along
any side or rear lines adjacent to any residential use.
5.
All drive-in businesses, car washing establishments, service stations and
gas bars shall provide, to the satisfaction of the Development Authority,
solid fences of not less than 1.22 m (4 ft.) in height nor more than 1.8 m (6
ft.) in height, along any side or rear property lines adjacent to any
residential district.
6.
All other commercial developments shall provide, to the satisfaction of the
Development Authority, a wooden fence a minimum of 1.8 m (6 ft.) in
height along any side or rear lines adjacent to any residential district.
7.
Neither razor wire nor barbed wire shall be allowed within Residential
Districts.
8.
Razor wire and barbed wire shall not be used in the municipality without a
development permit having been issued to allow its use.
9.
Barbed wire shall be used as a fencing material only if a development
permit has been issued to allow its use.
8.12
Home Occupations
1.
All development permits issued for home occupations shall be revocable at
any time by the development authority, if, in its opinion, the use is or has
become detrimental to the amenities of the neighbourhood in which it is
located.
2.
A minor home occupation shall comply with the following regulations:
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General Regulations
a) A minor home occupation shall not employ any person on-site
other than a resident of the dwelling.
b) No offensive noise, vibration, smoke, dust, odour, heat, glare,
electrical or radio disturbance detectable beyond the boundary of
the lot on which the minor home occupation is located shall be
produced by the home occupation.
c) There shall be no outdoor business activity, or outdoor storage of
material or equipment associated with the minor home occupation
allowed on the site. Storage related to the minor home occupation
shall be allowed only in either the dwelling or accessory buildings.
d) Up to ten (10) business visits per week are allowed.
e) Exterior alterations or additions to accommodate a minor home
occupation shall not be allowed.
f) No more than one (1) commercial vehicle up to but not exceeding a
gross vehicle weight of 4,800 kg (10,560 lbs.), to be used in
conjunction with the major home occupation, shall be parked or
maintained on the site in a Residential District. The parking space
for the commercial vehicle shall be adequately screened and sited
behind the principal building to the satisfaction of the Development
Authority.
g) There shall be no exterior signage, display or advertisement other
than a business identification sign, the size of which shall be
entirely at the discretion of the Development Authority.
3.
A major home occupation shall comply with the following regulations:
a) The number of non-resident employees working on-site shall not
exceed two (2) on-site, non-occupant employees.
b) Up to eight (8) business visits per day are allowed.
c) No more than one (1) commercial vehicle up to but not exceeding a
gross vehicle weight of 4,800 kg (10,560 lbs.), to be used in
conjunction with the major home occupation, shall be parked or
maintained on the site in a Residential District. The parking space
for the commercial vehicle shall be adequately screened and sited
behind the principal building to the satisfaction of the Development
Authority.
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d) Any interior or exterior alterations or additions to accommodate a
major home occupation may be allowed at the discretion of the
Development Authority, as along as such alterations comply with
this Bylaw and the Alberta Safety Codes Act and the regulations
made thereunder.
e) There shall be no exterior signage, display or advertisement other
than a business identification sign, the size of which shall be
entirely at the discretion of the Development Authority.
4.
All home occupations shall comply with the following requirements:
a) In addition to a development permit application, each application
for a minor home occupation or a major home occupation shall be
accompanied by a description of the business to be undertaken in
the dwelling, an indication of the anticipated number of business
visits per week, and details for the provision of parking along with
other pertinent details of the business operation.
b) When a development permit is issued for a home occupation, such
permit shall be terminated should the applicant vacate the property
for which the permit has been issued.
c) A minor or major home occupation shall not occupy more than
20% of the floor area of the main dwelling or 35 m2 (375 ft.2),
whichever is the lesser.
d) Home occupations shall not involve:
i.
activities that use or store hazardous material in quantities
exceeding those found in a normal household; or
ii.
any use that would, in the opinion of the development
authority, materially interfere with or affect the use,
enjoyment, or value of neighbouring properties.
5.
A permit issued for a home occupation is valid for one (1) year or longer
as determined by the Development Authority. It is the obligation of the
developer to seek renewal of a development permit prior to the expiry of
the time period for which the initial permit was issued. The Development
Authority shall consider the renewal on its merits.
6.
A stop order may be issued at any time if, in the opinion of the
Development Authority, the operator of the home occupation has violated
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any provisions of this Bylaw or conditions of the approval of the
development permit and complaints based on the operation of the home
occupation have been received.
8.13
Intensive Agriculture
1.
All development proposals for intensive agriculture shall be considered
and decided upon by the Development Authority individually based upon
their individual merit and consideration should be given to such items as
site selection, waste disposal, and the distance from watercourses and
waterbodies, and from roads and highways.
8.14
Keeping of Domestic Pets and Livestock
The keeping of domestic pets and animals in the Residential Districts shall be in
accordance with the following, without the need to obtain a development permit:
1.
No animals other than domestic pets shall be allowed in Residential
Districts.
2.
The total number of domestic pets per lot shall not exceed nine (9) of
which not more than three (3) shall be dogs or any other single species.
3.
The keeping of domestic pets not in accordance with this Section shall
require a development permit.
8.15
Landscaping
1.
The Development Authority may require, as a condition of the approval of
a development permit, the preparation and implementation of a
landscaping plan.
2.
A landscaping plan shall contain the following information for the site and
adjacent boulevards:
a) all physical features, existing or proposed, including shrubs, trees,
flower beds, berm contours, walls, fences, outdoor furniture,
surface utilities, and decorative paving; and
b) all shrubs and trees, whether existing or proposed labeled by their
common name and size.
3.
The Development Authority may impose conditions requiring the retention
or removal of trees, as well as additional tree planting.
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4.
In addition to other provisions in this Bylaw, all permitted forms of non-
farming related (residential, industrial, recreational) developments shall
maintain a buffer as may be required by the Development Authority.
5.
Buffers may include vegetation screens, distance separation, or a
combination of these or any such suitable interposing features as the
Development Authority may require.
6.
All development in proximity to highways shall be screened, landscaped
and buffered to the satisfaction of the Development Authority.
7.
A garbage collection area, an open storage area, or an outdoor service area
which is visible from an abutting site in a residential district, or from a
public roadway other than a lane, shall be fenced or have a screen planting.
The location, length, thickness and height of such fence or screen planting
shall be in accordance with the landscaping plan as approved by the
Development Authority. Such fence or screen planting shall be maintained
to provide effective screening from the ground to a height of 1.8 m (6 ft.).
8.16
Manufactured and Mobile Homes
1.
Before a development permit application is approved for a manufactured
or mobile home, the development authority shall ask the applicant for
verification that the home complies with both the CSA Z240 MH National
Mobile Home Standard and the Alberta Building Code (ABC) by virtue of
the existence of appropriate labels. If either the CSA Z240 or the Alberta
Municipal Affairs label is missing, the development authority will require
an inspection prior to approving an application for a development permit
for the location of the manufactured home or mobile home on a lot. That
inspection is to be done by an Alberta Safety Codes Officer and is to
indicate whether, and under what circumstances, the manufactured or
mobile home can regain a CSA Z240 label, and can be modified to comply
with the regulations made pursuant to the Alberta Safety Codes Act.
2.
Should one or both labels not be attached, and therefore should an
inspection by an Alberta Safety Codes Officer be required, a copy of the
inspection report shall be provided to the Development Authority. Should
the inspection indicate that upgrades to the manufactured or mobile home
are necessary to bring the home into compliance with the CSA Z240
standard or regulations made pursuant to the Alberta Safety Codes Act, the
Development Authority will assess the nature of the required upgrades
and, in consultation with the applicant, determine if the applicant is willing
to undertake the upgrades necessary, in terms of both cost and time. If the
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applicant indicates, in writing, that he is willing to undertake the upgrades,
the Development Authority may approve the development permit
application, but only on condition that all required upgrades are made and
that the Development Authority receive verification from an Alberta
Safety Codes Officer that such upgrades have been satisfactorily
completed prior to occupancy of the manufactured or mobile home as a
dwelling.
3.
Notwithstanding (2), should both labels be attached to the manufactured or
mobile home, the development authority may still require, as a condition
of the approval of a development permit, that an inspection by an Alberta
Safety Codes Officer be undertaken, that the inspection report be provided
to the Development Authority, and should the inspection indicate that
upgrades to the manufactured or mobile home are necessary to bring the
home into compliance with the requirements of the regulations made
pursuant to the Safety Codes Act, all required upgrades shall be made, and
further require that all of these steps be undertaken prior to the occupancy
of the manufactured or mobile home as a dwelling.
4.
In addition to the requirements of 8.16(1) and 8.16(2) above, a
manufactured or mobile home must meet the following aesthetic
regulations:
a) The height of the main floor above grade shall be consistent with
the height of the main floor of dwellings in the immediate and
general area;
b) The roof pitch shall be consistent with the roof pitch of dwellings
in the immediate and general area;
c) Exterior finishing materials used on the roof and exterior walls
shall be consistent with the materials used on dwellings in the
immediate and general area;
d) Minimum roof overhang or eaves should be consistent with the
overhang or eaves of dwellings in the immediate and general area;
e) The design of each manufactured or mobile home shall ensure the
side or end facing the street on which the home fronts contains a
prominently placed front door, and windows in quantity and size
that are consistent with dwelling units in the immediate area;
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f) Every manufactured or mobile home shall be placed on a full
perimeter foundation that complies with the Alberta Safety Codes
Act unless the manufactured or mobile home is designed to be
supported on longitudinal floor beams, in which case an alternate
skirted foundation system as described in CSA Z240.10.1 may be
employed;
g) The full perimeter foundation or the skirting material utilized on an
alternative skirting foundation should be parged in order to create
the same finished appearance customarily found on concrete
basements of single detached dwellings in the immediate and
general area.
Any required aesthetic upgrades to the manufactured or mobile home must
be completed before the issuance of the development permit.
8.17
Motels
1.
Minimum Lot Area per Rentable Unit:
One Storey
139.4 m2 (1500 ft.2)
Two Storeys
92.9 m2 (1000 ft.2)
2.
Minimum Floor Area per Rentable Unit: 26.5 m2 (285 ft.2).
3.
Minimum Yards:
Front
7.62 m (25.0 ft.)
Side
3.05 m (10.0 ft.)
Rear
3.05 m (10.0 ft.)
4.
Space Between Buildings
Except in the case of rentable units and any other buildings where
connected by a continuous roof to form a shelter for motor vehicles, not
less than 3.66 m (12.0 ft.) of clear and unoccupied space shall be provided
between each rentable unit and any other building on the lot.
5.
Entrances and Exits
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Not more than two accesses for vehicles to a road, each of a minimum
width of 7.62 m (25 ft.), shall be permitted, provided however, that one (1)
combined motor vehicle entrance and exit may be permitted, not less than
9.14 m (30 ft.) in width.
6.
The owner, tenant, operator or person in charge of a motel shall at all
times:
a) maintain the lot and the buildings, structures and improvements
thereon in a clean, neat, tidy and attractive condition and free from
all rubbish and debris;
b) maintain garbage facilities to the satisfaction of the Development
Authority;
c) maintain an appropriate fence, where required by the Development
Authority, not less than 5 ft. in height, around the boundaries of the
lot; and
d) landscape and keep the lot landscaped to the satisfaction of the
Development Authority.
8.18
Moved-In Buildings
1.
The movement of any building onto a lot, whether permanently or for a
specific period of time, and whether or not the building is portable or can
easily be removed from the lot, shall require an approved development
permit.
2.
The Development Authority may require the applicant to provide an
acceptable security equal to the estimated amount of repairs, to ensure
completion of any renovations set out as a condition of approval of a
permit.
8.19
Multiple Dwelling Developments
1.
Before any application for development of row housing or an apartment
can be considered, the applicant must submit to the Development
Authority, in addition to those requirements of Section 4.1(1) of this
Bylaw:
a) Design plans and working drawings, including elevations; and
b) Site plans showing the proposed
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i.
Location and position of structures on the lot, including any
signs;
ii.
Location and number of parking spaces, exits, entries, and
drives;
iii.
Location of an access to garbage storage areas; and
iv.
Landscape plan of the entire site which shall also show
intended fencing and surfacing for drives and parking areas.
2.
The aforementioned plans will append the application. If the development
permit is approved, the plans shall be deemed conditions of approval.
3.
The relationship of buildings to each other and to the landscape, in
particular such matters as architectural appearance, the provision of light,
air, privacy, and landscaping, shall be shown upon the site plans, and said
relationships shall be to the satisfaction of the Development Authority.
8.20
Municipal Services, Sanitary Facilities & Road Availability
1.
A development permit shall not be valid for a proposed use without the
necessary approvals respecting the proposed type of sanitary facilities
required by Provincial regulation.
2.
A development permit shall not be issued for residential, recreational,
commercial or industrial uses unless the Development Authority is
satisfied that water supplies of sufficient quality and quantity are available
to support existing and proposed development.
3.
No development shall take place and no development permit shall be
approved unless the lot on which the development is to take place has
direct access to a developed, all-weather road constructed to municipal
standards or better. Alternatively, the Development Authority may
establish as a condition of approval that an all-weather road be constructed
by the developer/landowner to municipal standards or better from the
nearest such road to the lot.
8.21
Number of Dwelling Units on a Lot
1.
The number of dwelling units allowed on any lot shall not exceed one (1)
except where the additional dwelling unit:
a) is contained in a building that, or in buildings each of which, is
designed for or divided into two (2) or more dwelling units, and
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which is located within a District where such buildings are allowed
as either a permitted or a discretionary use; or
b) is a secondary suite, garage suite, or in-law suite as defined in this
Bylaw, and which is located within a District where a secondary
suite, garage, or in-law suite is allowed as either a permitted or a
discretionary use; or
c) is manufactured home in a manufactured home park; or
d) is a building, as defined in the Condominium Property Act, that is
the subject of a condominium plan to be registered in a land titles
office under the Act; or
e) is a guest house to be occupied by a person or persons and located
on the lot on a temporary or short-term basis.
8.22
Objects Prohibited or Restricted in Yards
1.
No person shall keep or permit in any Residential District any object,
chattel, or other use of land which, in the opinion of the Development
Authority is unsightly or tends to adversely affect the amenities of the
district. This includes dismantled or wrecked motor vehicles, and any
excavation, stockpiling or storage of materials, explosives, flammable
liquids, diesel fuel, propane and gasoline products.
2.
In addition, no person shall keep or permit in any part of any yard in any
Residential District any more than one (1) vehicle, loaded or unloaded, of
a gross vehicle weight in excess of 4,800.0 kg (10,560 lbs.) for longer than
is reasonably necessary to load or unload the vehicle.
3.
No person shall keep or permit in a yard adjacent to a dwelling, either:
a) a propane tank that is larger than 68.2 kg (150 lbs.);
b) more than four (4) propane tanks; or
c) any number of propane tanks with a total capacity which exceeds
68.2 kg (150 lbs.);
without first obtaining a development permit.
4.
Notwithstanding Subsection (3) above, on lots in a Residential District
which are:
a) greater than 1.2 ha (3 ac.) in area; and
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b) where the proponent can prove to the satisfaction of the
Development Authority that the location and use of the propane
tanks meets acceptable fire code and safety standards;
The Development Authority may, at its sole discretion, allow more than
four (4) propane tanks or any number of propane tanks with a capacity
which exceeds 91 kg (200 lbs.) to be located on a lot.
5.
Notwithstanding Subsection (3) above, in Commercial Districts, where the
applicant for a development permit can prove to the satisfaction of the
Development Authority that the location and use of the proposed propane
tanks meets acceptable fire code and safety standards as well as emergency
response requirements, the Development Authority may, at its sole
discretion, allow more than four (4) propane tanks or any number of
propane tanks with a total capacity which exceeds 91.0 kg (200 lbs.) to be
located either:
a) within an individual lot; or
b) within each recreational vehicle stall located in an approved
campground/recreational trailer park.
6.
All development permit applications to allow more than four (4) propane
tanks, or any number of propane tanks with a total capacity which exceeds
91 kg (200 lbs.), to be located within individual stalls, in approved
campground or recreational vehicle park, will be required to include an
Emergency Response Plan, prepared by the developer, at no cost to the
municipality. The Emergency Response Plan will be circulated to the
municipality's Fire Department for approval prior to issuance of a
development permit.
7.
Development permits issued for more than four (4) propane tanks or any
number of propane tanks with a total capacity which exceeds 91.0 kg (200
lbs.) will only be granted for a period of one year. New development
permit applications must be submitted annually if the proponent wishes to
extend the development period.
8.23
Off-Street Loading
1.
Where off-street loading is required all development shall:
a) provide off-street loading spaces each having dimensions of not
less than 3 m (10 ft.) in width, 7.5 m (24.5 ft.) in length, and 4.2 m
(13.75 ft.) in height;
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b) provide vehicular ingress to, and egress from, a street or lane such
that no backing or turning movements of vehicles going to or from
the site cause interference with traffic in the abutting streets or
lanes;
c) be sited at an elevation or elevations convenient to a major floor
level in the building or to a utility elevator serving each major floor
level; and
d) be so graded and drained as to dispose of all storm water runoff. In
no case shall drainage be allowed to cross sidewalks.
2.
Number of Off-Street Loading Spaces
a) In a commercial or industrial warehouse or similar development
(other than those indicated in Subsection (b) below):
i.
of less than 460 m2 (4951.5 ft.2) of floor area, one (1) space,
ii.
for between 460 m2 (4951.5 ft.2) and 2300 m2 (24,758 ft.2)
of floor area, two (2) spaces,
iii.
for each additional 2300 m2 (24,758 ft.2) or fraction thereof,
one (1) space.
b) For an office building, place of public assembly, public
convalescent home, institution, club or lodge, public utility, school,
or for any other use other than a residential use, for each 2300 m2
(24,758 ft.2) of floor area or fraction thereof, one (1) space.
c) For a residential use, if the number of dwelling units exceeds
twelve (12), one (1) space.
8.24
Off-Street Parking
1.
An off-street parking area or accessory off-street parking area:
a) shall not be located within 1 m (3.25 ft.) of a lot line;
b) shall be constructed so that adequate access to and exit from each
parking space is to be provided at all times by means of
maneuvering aisles designed to the satisfaction of the Development
Authority;
c) shall have necessary access located and constructed to the
satisfaction of the Development Authority; and
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d) shall be adequately signed so as to direct access to it.
2.
Dimensions
All parking areas shall conform to the following requirements:
Minimum Parking Standards in Metres (Feet in Brackets)
(a) Parking Angles
in Degrees
(b) Width of Space
(c) Depth of Space
Perpendicular to
Maneuvering Aisle
(d) Width of Space
Parallel to
Maneuvering Aisle
(e) Overall Depth
(f) Width of
Maneuvering Aisle
0
2.7 (9)
2.7 (9)
7.0 (23)
9.1 (30)
One Way 3.6 (12)
30
2.7 (9)
5.2 (17)
5.5 (18)
14.0 (46)
One Way 3.6 (12)
45
2.7 (9)
5.8 (19)
4.0 (13)
15.2 (50)
One Way 3.6 (12)
60
2.7 (9)
6.1 (20)
3.1 (10)
18.2 (59)
One Way 6.0 (19.5)
90
2.7 (9)
6.1 (20)
2.7 (9)
19.5 (64.5)
One Way 7.3 (24)
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Figure 15: Parking Stall Definitions
a) Within the C2 District, the Development Authority may require
some parking spaces provided to be a minimum width of 3 m (10
ft.) and a minimum depth of 20 m (65.5 ft.), specifically designed
for large trucks. Maneuvering aisles and accesses will be sized
appropriately to permit vehicular access to these spaces.
3.
Surfacing and Drainage
a) Every off-street parking space provided, and the access thereto,
shall be hard surfaced if the access is from a street or lane which is
hard surfaced; parking areas must be paved or of gravel mixture as
approved by the Development Authority.
b) Each parking area shall be so graded and drained as to dispose of
all storm water runoff. In no case shall drainage be allowed to cross
a sidewalk unless allowed otherwise by the Development
Authority.
4.
Required Number of Off-Street Parking Spaces
5.
The minimum number of off-street parking spaces required for each
building or use shall be as in the following table. In the case of use not
specifically mentioned, the required number of off-street parking spaces
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shall be the same as for a similar use as determined by the Development
Authority. Where a development falls within more than one class, the
required number of spaces shall be the sum of the requirements for each of
the development classes.
Use of Building or Development
Minimum No. of Parking Spaces
Residential
Apartments and rowhousing
1.5 per dwelling unit
All other dwellings
including each
in-law suite, secondary suite, garage
suite and garden suite
1 per dwelling unit
Home occupations
1
Bed and breakfast establishments
Boarding houses
1 per bedroom available for rental
Commercial
General retail establishments personal
service shops, banks, and other
offices
1 per 46.5 m2 (500 ft.2) of gross
leasable floor area plus one space per
two employees on maximum shift
Eating and drinking establishments
1 per 5 seating spaces plus 1 space
per 2 employees on maximum shift
Hotels and Motels
1 Per sleeping unit plus 1 space per 2
employees on maximum shift
Places of Public Assembly
Auditoriums, religious assembly,
halls, clubs, theatres and other
amusement or recreation places
To the Satisfaction of the
Development Authority
Schools
Public, separate or private elementary
and junior high schools
1 per employee on maximum shift
plus 5
Public, separate or private senior high
schools
1 per employee on maximum shift
plus 1 for every 10 students, plus
whatever number required as a result
of any auditorium or gym
Industrial
Any industrial use or public utility
building
1 per employee on maximum shift
provided that this standard may be
varied by the Development Authority
Hospital and Similar Uses
Hospitals, sanitariums, convalescent
homes, etc.
1 per 93 m2 (1001 ft.2) of area, or 1
per 4 beds plus 1 for every 2
employees on maximum shift,
whichever is greater
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8.25
Projection into Yards
1.
No portion of any building shall project onto, over or into a minimum
required yard.
2.
Notwithstanding Subsection (1) above, the portions of an attachment to a
main building which may project over a minimum required yard are:
a) steps, eaves, gutters, sills, patios, and decks, or other similar
projections, with the amount of the projection to be as allowed by
the Development Authority;
b) canopies over entrances to buildings, provided such projections are
cantilevered and do not exceed 0.91 m (3.0 ft.); and
c) any other features which, in the opinion of the Development
Authority, are similar to the foregoing.
8.26
Protection from Exposure Hazards
1.
The location of any liquefied petroleum gas (LPG) storage tank with a
water capacity exceeding 9080 1 (2000 gal.) shall be in accordance with
the requirement of the Development Authority but in no case be less than a
minimum distance of 228 m (748 ft.) from assembly, institutional,
mercantile or residential buildings. Nor shall a storage tank be placed
within a minimum of 38 m (124.5 ft.) of the centre line of a grid road, 41
m (134.5 ft.) from the right-of-way of a minor two-lane highway or 70 m
(230 ft.) from the right-of-way of a major two-lane highway.
2.
LPG containers with a water capacity of less than 9080 l (2000 gal.) shall
be located in accordance with regulations under the Alberta Safety Codes
Act.
3.
Flammable liquids storage tanks at bulk plants or service stations shall be
located in accordance with regulations under the Alberta Safety Codes
Act.
4.
Setbacks from pipelines and other utility corridors shall be at the discretion
of the Development Authority and be in accordance with the appropriate
provincial regulations or acts, but in no case be less than a minimum
distance of 30 m (98.4 ft.) for institutional, commercial, or residential
buildings.
5.
The location of the storage tank shall be completely enclosed by a security
fence having a minimum height of 1.8 m (6 ft.).
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6.
Dangerous Goods warning signs of an appropriate nature shall be clearly
visible at the site. Signs shall be attached to the fence and to the storage
tanks.
7.
No tanks for the storage of anhydrous ammonia shall be allowed within the
municipality.
8.27
Recreational Vehicle Parks
1.
The construction and maintenance of all internal roads are to be the
responsibility of the landowner/developer. Internal roads shall have a
minimum of a 6 m (20 ft.) usable top, except for one-way roads, which
shall have a minimum of a 3.65 m (12 ft.) usable top.
2.
Recreational vehicle or camping spaces shall have a minimum of 13.5 m
(49 ft.) width and a minimum of 273 m2 (2938.5 ft.2) area. All such spaces
shall be set back a minimum of 30 m (98.4 ft.) from the shoreline of any
body of water.
3.
The developer shall provide an adequate on-site water supply.
4.
As a condition of approval, the Development Authority shall require the
developer to obtain any necessary permits and approvals from all
regulatory authorities and agencies having jurisdiction over the type of
development.
5.
The development agreement may require the developer to construct,
upgrade, or pay to construct or upgrade the necessary Village roads to
access the development.
6.
The developer shall designate an area equivalent to ten percent (10%) of
the total recreational vehicle park area as a playground. This area is to be
clearly marked and free from all traffic hazards.
8.28
Recreational Vehicles
1.
Notwithstanding any other provision of this Bylaw to the contrary, no
person may occupy a recreational vehicle as a dwelling.
2.
If the intention is to store an unoccupied recreational vehicle, unless a
development permit has been issued for Outdoor Storage which includes
recreational vehicles, no more than one (1) recreational vehicle shall be
allowed on any lot. No development permit shall be required for the
storage of one (1) unoccupied recreational vehicle on a lot.
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3.
No recreational vehicle, located within a recreational vehicle park may
have associated with it any more than two (2) accessory structures,
buildings, or other appurtenances, in addition to fences, benches, fire pits,
picnic tables, and a screened or roofed patio around or beside the
recreational vehicle.
4.
No structure accessory to a recreational vehicle shall be used as sleeping
quarters.
8.29
Service Stations and Gas Bars
1.
Service stations and gas bars shall be located in such a manner that:
a) No entrance or exit thereto for motor vehicles shall be within 60 m
(197 ft.) of an entrance to or exit from fire hall, public or private
school, playground, library, religious assembly, hospital, children's
or senior citizen's home, or other public or quasi-public use;
b) No part of a service station or gas station building or of any pump
or other accessory shall be within 6 m (19.5 ft.) of a side or rear
property line;
c) Service stations shall have a front yard of not less than 12 m (39.5
ft.) and no fuel pump shall be located closer than 6 m (19.5 ft.) to
the front property line; and
d) Storage tanks shall be set back from adjacent buildings in
accordance with the Alberta Safety Codes Act and regulations
made thereunder, and the Alberta Fire Code.
2.
Site Area and Coverage
a) The minimum site areas shall be 740 m2 (7965.5 ft.2) and the
maximum building coverage shall be 25% of the site area. For
service stations including car wash, the minimum site area shall be
1115 m2 (12,002 ft.2).
b) Where a service station forms part of an auto dealership
development, the minimum site area and maximum building
coverage may be varied at the discretion of the Development
Authority.
3.
Site and Building Requirements
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a) All parts of the site to which vehicles may have access shall be
surfaced and drained to the satisfaction of the Development
Authority.
b) No activity may be carried on which constitutes an undue nuisance
or annoyance to persons occupying land in the immediate vicinity
of the site, by reason of dust, noise, gases, odour, smoke or
vibration.
c) The site of the buildings shall be maintained in a clean and tidy
condition and free from all rubbish and debris.
8.30
Signs
(Refer to Section 1.3 Definitions for diagrams)
In addition to the other regulations of this Bylaw, the following additional regulations
shall apply to signs:
1.
Limitations
a) Except as provided in Section 3.2 of this Bylaw, no person shall
erect, relocate or structurally alter or enlarge any sign, including an
election sign, unless he has complied with the requirements of this
Section and any other relevant provisions of this Bylaw, and has
been issued a development permit in respect thereof.
b) The Development Authority may issue a development permit for a
sign as part of the development permit for the use or the building to
which the sign pertains, provided the development permit
application indicates that there is to be a sign and provided further
that all information requirements for a development permit
application for a sign are met to the satisfaction of the
Development Authority.
c) Provisions for election signs and property for sale or rent signs are
provided in Section 3.2 of this Bylaw.
2.
Information Requirements for a Development Permit for a Sign
In addition to the requirements of Section 4.1 of this Bylaw, a
development permit application for a sign shall include the following
information:
a) a letter of consent from the property owner,
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b) two copies of colour drawings, drawn to scale, showing the sign,
any structural supports, and the dimensions, thickness, area, and
colours, of the sign,
c) any animation, moving copy, or other moving features of the sign,
if applicable,
d) method of illumination, if applicable,
e) mounting details,
f) the location and size of all other existing and proposed signs on the
building façade or site,
g) mounting heights and clearances to grade, and
h) the amount of projection of the sign from a building, if any.
3.
Signs as Permitted or Discretionary Uses
a) No sign, other than an off-site sign in the Districts indicated in
Subsection (b) below, or a sign which is otherwise exempted from
the requirement of obtaining a development permit as indicated in
Section 3.2 of this Bylaw, shall be allowed unless it is accessory to
an existing use.
b) Notwithstanding any other provision of this Bylaw to the contrary,
except as otherwise indicated in this section, off-site signs shall be
considered to be discretionary developments in all Commercial
Districts, in all Industrial Districts, and in the Urban Reserve (UR)
District.
4.
Procedures for the Consideration of Development Permit Applications for
Signs
All development permit applications for signs shall follow the process
outlined in Part 4 of this Bylaw and be subject to appeal if applicable in
accordance with Part 5 of this Bylaw.
5.
General Sign Regulations
a) A sign shall not be erected, operated, used or maintained if, in the
opinion of the Development Authority:
i.
its position, size, shape, colour, format or illumination
obstructs the view of, or may be confused with, an official
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traffic sign, signal or device or other official sign, or
otherwise poses a potential hazard to traffic,
ii.
it displays lights which may be mistaken for the flashing
lights customarily associated with danger or with those used
by police, fire, or other emergency vehicles, or
iii.
it would be situated within the area regulated by Section
8.8 of this Bylaw.
b) A sign shall be integrated with the building on which it is to be
located and compatible with the general architectural lines and
forms of the nearby buildings or of adjoining developments.
c) Where possible, signs shall not cover architectural details such as
arches, sills, mouldings, cornices and transom windows.
d) A sign or sign structure shall be set back a minimum of 0.5 m (1.6
ft.) from any property boundary and no part of a sign may encroach
onto an adjacent lot or a road or lane.
e) Except as otherwise specified in this Bylaw, the maximum area of
any sign shall be 18 m2 (193.6 ft.2).
f) At the discretion of the Development Authority a maximum of five
(5) signs may be allowed on a lot, including temporary signs and
portable signs.
g) Signs will not be allowed on fences in Residential Districts or
Commercial Districts.
6.
Care and Maintenance of Signs
a) All signs shall be maintained in good and safe structural condition
and shall be periodically repainted.
b) Where the Development Authority determines that a sign is
abandoned or in an overall state of disrepair they may, by notice in
writing to the owner of the land on which the sign is located and, if
it is indicated on the sign, the owner or operator of the sign, order
the owner of the land and the owner or operator of the sign to:
i.
remove the sign and all related structure components within
what the Development Authority deems to be a reasonable
period of time, or
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ii.
take such measures as they may specify in the notice to
alter and/or refurbish and/or repair the sign.
c) Failure to remove the sign or to comply with the measures
specified in the notice described in Subsection (b) above may
result in the issuance of a violation ticket as described in this
Bylaw.
d) The notice described in Subsection (b) above shall be considered
to be a stop order for the purposes of this Bylaw.
7.
Type of Signs
(See Section 1.3 Definitions for diagrams)
a) A-Frame Signs
i.
Notwithstanding any other provision of this Bylaw to the
contrary, A-frame signs shall be allowed only in
Commercial Districts.
ii.
The maximum area of each A-frame sign face which is
located on a sidewalk shall be 0.7 m2 (7.5 ft.2).
iii.
The maximum area of each A-frame sign face located in
another location, approved by the development authority,
shall be 1.5 m2 (16.0 ft.2)
iv.
The maximum height of an A-frame sign which is located
on a sidewalk shall be 1 m (3.3 ft.).
v.
No A-frame sign shall be located on a sidewalk in such a
manner so as to obstruct pedestrian flow.
vi.
The maximum height of an A-frame sign placed in other
locations shall be 1.8 m (6 ft.), measured perpendicular
distance from the ground to the highest point of the sign
when set up.
vii.
No more than one (1) A-frame sign shall be allowed per
business frontage.
viii.
Where the back of an A-frame sign is visible, it shall be
suitably painted or otherwise covered to present a neat and
clean appearance. Angle iron shall not be open to public
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view unless finished in an aesthetically pleasing manner to
the satisfaction of the Development Authority.
ix.
The area around an A-frame sign shall be kept clean. All
vegetation shall be cleared away to a distance of at least 1.5
m (4.9 ft.) around the A-frame sign.
x.
A-frame signs are not to be used in conjunction with
projecting signs at grade level.
b) Canopy Signs
Where a canopy is constructed solely as a support structure for a
sign, the following regulations shall be adhered to:
i.
the maximum area of all canopy signs on one face of a
canopy shall not exceed 50% of the area of the face of the
canopy,
ii.
the bottom of the canopy shall be not less than 2.5 m (8.2
ft.) above grade,
iii.
no part of the canopy shall project over a road or lane,
iv.
unless otherwise approved by the Development Authority,
the vertical dimension of the canopy shall not exceed 1.5 m
(4.9 ft.),
v.
signs suspended under a canopy shall have a vertical
clearance of a minimum of 2.5 m (8.2 ft.) from grade,
vi.
each tenant of a building shall be allowed one (1) under-
canopy sign of no more than 0.5 m2 (5.4 ft.2) in area, and
vii.
all canopy signs shall be erected in such a manner that the
structural support elements are designed to appear as an
integral part of the overall sign design and concealed such
that no angle iron bracing, guy wires or similar support
elements are visible from a road or lane.
c) Freestanding Signs
i.
The sign area for a single or multi-faceted freestanding sign
shall be the average of the total area of all freestanding sign
faces.
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ii.
One (1) freestanding sign per business frontage may be
erected on a site having a minimum business frontage of 15
m (49.2 ft.) at road level.
iii.
Notwithstanding Subsection (ii) above, a maximum of one
(1) freestanding sign may be allowed per site except:
a. where a site has more than a 90 m (295.3 ft.)
frontage, one (1) additional freestanding sign may
be erected at the discretion of the Development
Authority.
b. where a site is considered by the Development
Authority to be a double fronting site, each frontage
may have freestanding signs providing that the
freestanding signs are at least 90 m (295.3 ft.) apart.
c. Additional signs may be allowed at the discretion of
the Development Authority.
iv.
The total sign area of all freestanding signs on a site shall
not exceed 0.3 m2 (3.2 ft.2) in area for each lineal metre of
frontage, to a maximum of 8.4 m2 (90 ft.2).
v.
The maximum height of a freestanding sign shall be 7 m
(23.0 ft.).
vi.
Where a freestanding sign and a projecting sign are located
along the same frontage of a site, a minimum distance of 10
m (32.8 ft.) shall be maintained between the signs.
vii.
Any support structure for a freestanding sign shall be set
back a minimum of 0.3 m (1.0 ft.) from any site line and no
part of the freestanding sign itself shall encroach onto or
overhang an adjacent site, road or lane.
d) Portable Signs
i.
Any support structure for a portable sign shall be set back a
minimum of 0.5 m (1.6 ft.) from any site line and no part of
a portable sign shall encroach onto or overhang an adjacent
site, road or lane.
ii.
No more than one (1) portable sign shall be located on a
site.
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iii.
Notwithstanding Subsection (ii) above, one (1) portable
sign may be allowed for each business in a multiple-
occupancy development provided that no portable sign is
located closer than 15 m (49.2 ft.) to another portable sign.
iv.
All portable signs shall be double-faced.
v.
No portable sign shall exceed a height of 2.5 m (8.2 ft.)
above grade.
vi.
Portable signs shall not be placed on a site so as to conflict
with or take up space for parking, loading, or walkways.
vii.
Notwithstanding any other provision of this Bylaw to the
contrary, portable signs shall not be allowed in any
Residential District.
e) Projecting Signs
i.
No projecting sign shall project over another site, a road, or
a lane.
ii.
A projecting sign shall have a vertical clearance of a
minimum of 3.05 m (10 ft.) from grade.
iii.
No more than one (1) projecting sign of 0.5 m2 (5.4 ft2 in
size shall be allowed for each frontage of a commercial or
industrial use.
iv.
All projecting signs shall be erected in such a manner that
the structural support elements are designed to appear as an
integral part of the overall sign design and concealed such
that no angle iron bracing, guy wires, or similar support
elements are visible from a road.
f) Roof Signs
i.
Roof signs must be manufactured and erected in such a way
that they appear as an architectural feature and they shall be
finished in such a manner that the visual appearance from
all sides makes them appear to be part of the building itself.
ii.
No supporting structure for a roof sign shall be visible to
the public unless finished in an aesthetically pleasing
manner to the satisfaction of the Development Authority.
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iii.
All roof signs shall be set back a minimum of 1 m (3.3 ft.)
from the edge of the building on which the roof sign is
located.
g) Fascia Signs
The portion of a wall which can be used for or which can be
covered by a wall sign on the front of a building shall be the space
defined by the following lower and upper limits:
i.
the lower limit of the portion shall be the lower limit of the
lintel or the window head of the first storey, but in no case
lower than 2.4 m (7.9 ft.) above grade,
Figure 16: Placement of Fascia Signs
ii.
in the case of a one storey building, the upper limit of the
portion shall be either:
2 the roofline of a flat-roofed building, or,
where there is an existing majority of wall
signs which exceed the roofline, the upper
limit of such existing wall signs, or
3 a maximum of 0.8 m (31.5 inches) above
the line of the eaves, if there is a parapet
wall, provided that the sign does not
project above the upper edge of the
parapet, or
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4 the line of the eaves.
Figure 17: Sign Placement on a Parapet Wall
iii.
in the case of a building that is not a one storey building, the
upper limit of the portion shall be the window sill of the
second storey or, in the absence of any windows on the
second storey, 0.8 m (31.5 inches) above the floor elevation
of the second storey.
Figure 18: Fascia Sign Placement on a Two Story Building
iv.
Notwithstanding Subsection iii, a wall sign may be located:
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1. below the area defined in Subsection (iii) above,
provided:
a) the sign consists of individual letters,
symbols, or logos that are directly
attached to the building face,
b) the sign states no more than the name
of the building or the principal tenant
of the building, and
c) the sign area does not exceed 20% of
the building face below the area
defined in Subsection (a) above,
2. between the second storey window lintel and the third
storey window sill, or, in the case of a two storey
building, between the second storey window lintel and
the roof or parapet, provided:
a) the sign states no more than the name of the
building or the principal tenant of the building, and
b) the sign area does not exceed 2.5 m2 (26.9 ft.2), or
c) above the third storey window sill, provided:
1 the sign states no more than the name of the
building or principal tenant of the building, and
2 there is no more than one (1) sign per building
face above the third storey.
v.
A wall sign may be allowed on the side wall of a building
facing a road where a development is located on a corner
site provided that the sign is integrated with the other
signage on the building and is of the same height and width.
vi.
Any other location for a wall sign shall be at the discretion
of
the
Development
Authority,
who
shall
have
consideration for the aesthetic quality and compatibility of
the proposed wall sign with adjacent developments.
h) Inflatable Signs
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i.
A small inflatable style sign can be placed on an approved
temporary sign location, and does not require a
development permit, provided it is, no larger than 5.5 m2
(59.2 ft.2) as applicable.
ii.
Larger inflatable signs require that a development permit be
applied for, and approval obtained before installation.
iii.
One inflatable sign may be located on a site and must be
tethered or anchored so that it is touching the ground
surface to which it is anchored.
iv.
The maximum height of an inflatable sign shall be the
allowed height of a freestanding sign for the site.
v.
An inflatable sign can only be located on a site twice in a
calendar year and not for longer than 30 consecutive days.
vi.
Inflatable signs cannot be located on the roof of a structure.
8.
Signs in or Adjacent to Residential Districts
a) Except as provided in Subsections (b) and (c) below, no sign shall
be permitted in Residential Districts except for places of worship,
schools or other public institutions.
b) An approved home occupation may display a sign, not larger than
0.2 m2 (2.0 ft.2) in the window of the dwelling.
c) An approved bed and breakfast may display a sign, not larger than
0.2 m2 (2.0 ft.2). If outside, the sign shall be placed in a location
that is satisfactory to the Development Authority. Alternatively, the
sign may be displayed from inside a window of the dwelling.
d) One (1) freestanding sign per site may be allowed for the purpose
of identifying the name of a multi-family dwelling, a manufactured
home park, a neighbourhood, or a subdivision, provided:
i.
the sign area does not exceed 5 m2 (53.8 ft.2),
ii.
the height of the sign does not exceed 2 m (6.6 ft.), and
iii.
the sign is not internally illuminated, though it may be lit
from the front.
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e) Name or number signs shall have a surface area of no more than
0.3 m2 (3.0 ft.2).
f) When an illuminated sign is located in a District adjacent to a
Residential District, the illumination from that sign shall be
deflected away from the Residential District.
g) When, in the opinion of the Development Authority, a proposed
sign in any District adjacent to a Residential District might be
objectionable to a resident in the Residential District, the
Development Authority may impose such other requirements as
they deem necessary, to protect the amenities of the Residential
District.
9.
Signs Relating to Institutional Uses
a) In any District where a place of worship or a school or another
institutional use is allowed, one (1) sign of not more than 5 m2
(53.8 ft.2) in area shall be allowed to be erected on the site
occupied by the place of worship, school, or other institutional use.
8.31
Site Conditions
1.
Development shall not be allowed on unstable slopes, land characterized
by soil instability, or land exhibiting evidence of poor drainage or flooding
unless it can be demonstrated to the satisfaction of the Development
Authority that unique site requirements warrant otherwise.
2.
Lands Subject to Flooding or Subsidence
a) Notwithstanding that a proposed development conforms in all
respects with this Bylaw, where the application is for development
on lands that are or may be subject to flooding or subsidence, or in
an area potentially subject to a 1:100 year flood, the Development
Authority shall not approve a development permit unless the
applicant can demonstrate that preventive engineering and
construction measures can be instituted to make the site suitable for
the proposed development or to protect the development from the
potential flooding hazard.
b) If a development is subsequently approved in such an area, the
developer shall be required to implement the preventive measures
referred to in Subsection (a) above, and agree within an agreement
that can be caveated against the titles of the affected lands, that he
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and/or any subsequent landowners shall be responsible for any
damage or loss caused by flooding or subsidence.
3.
The Development Authority may impose conditions on the approval of a
development permit requiring the retention of trees, or additional planting
of such a type and extent that is considered necessary.
4.
The Development Authority may prescribe setback and/or buffering
requirements for uses which may be incompatible with adjacent land uses.
5.
The Development Authority may prescribe or approve screening for uses
which involve the outdoor storage of goods, machinery, vehicles, building
materials, waste materials, and other similar uses.
8.32
Solar Energy Collection Systems
1.
Solar energy collection systems shall only be allowed as accessory
developments.
2.
Ground mounted solar collectors shall be located in a side or rear yard
only.
3.
When a solar energy collection system is installed on a lot, accessory
structures or vegetation on an abutting lot should not be located so as to
block the solar collector's access to solar energy. The portion of a solar
collector that is protected is the portion which:
a) is located so as not to be shaded between the hours of 10:00 a.m.
and 3:00 p.m. by a hypothetical 3.66 m (12 ft.) obstruction located
on the lot line;,
b) has an area not greater than half of the heated floor area of the
structure (or largest structure, if multiples exist);
c) Notwithstanding the foregoing, the Village shall not be held
responsible for protecting access to solar energy on private land.
4.
No solar energy collection system that is tied into a grid shall be installed
until evidence has been given that the utility has been informed of the
customer's intent to install an interconnected customer-owner generator. A
copy of a letter to the applicant's utility is sufficient. No response or
evidence of approval from the utility is required. Off-grid systems and
grid-tied systems that are not capable of feeding onto the grid with
advanced control grid fault protection and disconnect switches covered
under the electrical code shall be exempt from the requirement.
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8.33
Sour Gas Facilities
1.
No development shall be allowed within 100 m (328 ft.) of a Level 1 sour
gas facility (consisting of a well) as determined by the Alberta Energy
Resources Conservation Board (ERCB).
2.
In the case of a Level 2 sour gas facility as determined by the ERCB:
a) no permanent dwelling shall be allowed within 100 m (328 ft.) of
the sour gas facility; and
b) no institutional use shall be allowed within 500 m (1640 ft.) of the
sour gas facility.
3.
In the case of Level 3 sour gas facility as determined by the ERCB:
a) no permanent dwelling shall be allowed within 100 m (328 ft.) of
the sour gas facility;
b) no residential development with a density of more than eight (8)
dwelling units per quarter section shall be allowed within 500 m
(1640 ft.) of the sour gas facility; and
c) no institutional use shall be allowed within 1500 m (4921 ft.) of the
sour gas facility.
8.34
Subdivision of Land
1.
Where the development of land requires a subdivision, no development
permit shall be issued until the proposed subdivision has received tentative
approval from the Subdivision Authority for the Village.
2.
Development agreements shall be required as a condition of approval for
subdivision of land within the Village.
8.35
Topsoil Removal
1.
A development permit is required for the removal of top soil, sand, or
gravel for commercial purposes.
2.
The Development Authority may refer a copy of a development permit
application for topsoil removal to the appropriate provincial agencies for
input prior to making a decision.
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8.36
Wind Energy Conversion System (Large)
1.
Prior to making a decision on an application for a development permit for
a large wind energy conversion system, the Development Authority shall
consider input from:
a) any adjacent municipality should the proposed development be
located within 2 km (1.2 mi.) of the municipality; and
b) landowners within 2 km (1.2 mi.) of the proposed development.
2.
When making an application for a development permit for a Large Wind
Energy Conversion System, the developer shall provide to the
Development Authority appropriate reports and/or approvals from the
following:
a) Transport Canada
b) NavCanada
c) Alberta Culture and Community Spirit
d) Alberta Environment and Sustainable Resource Development
e) Alberta Tourism, Parks and Recreation
f) Alberta Transportation
3.
Should a large wind energy conversion system discontinue producing
power for a minimum of two (2) years, the system operator shall be
required to provide a status report to the Development Authority. The
Development Authority may then require that the system be
decommissioned, and the site be remediated and reclaimed. Failure to
comply with a decommissioning requirement shall be considered to be a
breach of this Bylaw, and subject to the enforcement provisions of this
Bylaw.
4.
A large wind energy conversion system shall comply with all the setbacks
related to roads and highways that govern the principal use in the district
in which it is located.
5.
Where, in the opinion of the Development Authority, the setbacks referred
to in Section 8.36(4) above are not sufficient to reduce the impact of a
large wind energy conversion system from a road or highway, the
Development Authority may increase the required setback.
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6.
The turbine base shall be no closer to the property line than four times the
height of the wind turbine tower. Where in the opinion of the Development
Authority the setback from the property line should be varied, the
Development Authority may require an acoustical study to establish
appropriate setbacks.
7.
The minimum vertical blade clearance from grade shall be 7.4 m (24.6 ft.)
for a wind energy conversion system employing a horizontal axis rotor
unless otherwise required by the Development Authority.
8.
To ensure public safety, the Development Authority may require that:
a) a secure fence not less than 1.8 m (5.9 ft.) in height with a lockable
gate surround a wind energy conversion system tower if the tower
is climbable or subject to vandalism that could threaten tower
integrity;
b) no ladder or permanent tower access device be located less than 3.7
m (12.1 ft.) from grade;
c) a locked device be installed on the tower to preclude access to the
top of the tower; and
d) such additional safety mechanisms or procedures be provided as
the Development Authority may consider reasonable and
appropriate.
The use of tubular towers, with locked door access, may, at the sole
discretion of the Development Authority, make unnecessary the above
requirements.
9.
All power lines on the site of a large wind energy conversion system to the
power grid or a power substation will be underground except where the
Development Authority specifically approves overhead or above grade
installations.
10.
Unless otherwise required by the Development Authority, a large wind
energy conversion system shall be finished in a non-reflective matte and in
a colour which minimizes the obtrusive impact of a system to the sole
requirements of the Development Authority.
11.
No lettering, advertising or other symbol shall appear on the towers or
blades. On other parts of the large wind energy conversion system, the
only lettering or symbol allowed will be the manufacturer's and/or owner's
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identification or symbol and then, only upon the approval of and at the sole
discretion of the Development Authority.
12.
The Development Authority may approve a large wind energy conversion
system on a case-by-case basis having regard for:
a) information provided in the application;
b) the proximity of the proposed development to other land uses;
c) the cumulative effect of all wind energy conversion systems
approved or proposed in the area;
d) underlying utilities; and
e) information received from the circulation of the application and
from the public.
13.
Large wind energy systems must comply with applicable air traffic safety
regulations. Transport Canada must be notified of the location (latitude
and longitude) and height of all wind turbine installations through the
aeronautical clearance application process.
8.37
Wind Energy Conversion Systems (Small)
1.
Small wind energy conversion systems shall only be allowed as accessory
developments.
2.
For property sizes between 0.1 ha (0.25 ac.) and 0.2 ha (0.5 ac.) the wind
turbine tower height shall be limited to 25 m (82.0 ft.). For property sizes
of 0.2 ha (0.5 ac.) or more, there is no limitation on wind turbine tower
height, subject to the set-back requirements below, and provided that the
application includes evidence that the proposed height does not exceed the
height recommended by the manufacturer or any distributor of the system.
3.
The turbine base shall be no closer to the property line than the height of
the wind turbine tower, and no part of the system structure, including guy
wire anchors, may extend closer than 3 m (9.8 ft.) to the property
boundaries of the installation site. Additionally, the outer and innermost
guy wires must be marked and clearly visible to a height of 2 m (6.6 ft.)
above the guy wire anchors. The Development Authority may waive
setback requirements from adjacent properties if such adjacent property
owner agrees to grant an easement binding on current and future owners.
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4.
The mean value of the sound pressure level from small wind energy
systems shall not exceed more than 6 decibels (dBA) above background
sound, as measured at the exterior of the closest neighbouring inhabited
dwelling (at the time of installation or during operation), for wind speeds
below 10 m per second (22 mph) and except during short-term events such
as utility outages and/or severe wind storms.
5.
Development permit applications for small wind energy systems shall be
accompanied by standard drawings of the wind turbine structure, including
the tower, base, footings, anchoring method and drawn to scale. An
engineering analysis of the wind turbine tower showing compliance with
the International Building Code and certified by a licensed professional
mechanical, structural, or civil engineer shall also be submitted.
Documentation of this analysis supplied by the manufacturer shall be
accepted.
6.
Small wind energy systems must comply with applicable air traffic safety
regulations. A statement on compliance by the applicant is sufficient.
Transport Canada must be notified of the location (latitude and longitude)
and height of all wind turbine installations through the aeronautical
clearance application process. Small wind turbine towers shall not be
artificially lit except as required by NavCanada.
7.
Building permit applications for small wind energy systems shall be
accompanied by a line drawing of the electrical components in sufficient
detail to allow for a determination that the manner of installation conforms
to existing electrical codes. This information is frequently supplied by the
manufacturer.
8.
No small wind energy system that is tied into a grid shall be installed until
evidence has been given that the utility has been informed of the
customer's intent to install an interconnected customer-owner generator. A
copy of a letter to the applicant's utility is sufficient. No response or
evidence of approval from the utility is required. Off-grid systems and
grid-tied systems that are not capable of feeding onto the grid with
advanced control grid fault protection and disconnect switches covered
under the electrical code shall be exempt from the requirement.
9.
One Small Wind Energy System is allowed per single detached dwelling
on a lot.
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General Regulations
8.38
Wireless Communication Facilities
1.
The municipality will encourage developers of wireless communications
facilities to demonstrate good planning and design with foremost regard to
safety of the general public; adherence to established construction
standards in industry; minimizing impacts to the natural environment;
minimizing the visual impacts on nearby residents; and ensuring public
consultation in the early development stages. A letter of support will be
provided to licensing and approving authorities for applications meeting
these criteria. A letter of non-support will be provided to licensing and
approving authorities for applications not meeting these criteria.
2.
Developers of a wireless communications facility that plan for the facility
and can accommodate other wireless operators on the site will be given
priority status.
3.
The application for development of a wireless communications facility is
encouraged to engage existing owner/operators of these structures for co-
location opportunities. Existing operators are encouraged to participate in
the process by charging reasonable rates for this privilege.
4.
Applications for development of structures outside of the Alberta Building
Code such as lattice towers shall include a document from authoritative
sources demonstrating structural adequacy of the specified structure for the
location and loading defined in the application. Such authorities include:
the Canadian Standards Association and qualified structural engineers.
Stamps and Seals of approval shall accompany the documentation.
5.
Guyed-tower structures are to be located on properties that allow for a
distance from the base to boundary setbacks that is no less than equal to
the final structure height. In all cases that base and anchor structures must
be designed for the soil conditions present. A professional engineered
design with supporting soil profiles must accompany the application for
development. Precise location (Latitude and Longitude) of the base and
anchors must be revealed.
Self-support towers are to be located respecting the building and safety
codes for the community. In all cases the base structures must be designed
for the soil conditions present. A professional engineered design with
supporting soil profiles must accompany the application for development.
6.
Multiple tower structures will require individual development permit
applications.
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General Regulations
7.
Applications for the development of wireless facilities must include in the
development application letters from the following authorities:
a) Transport Canada governing painting and lighting of the
applicant's tower for aeronautical safety;
b) NavCanada governing aircraft communication and instrumentation
immunity from the applicant's tower transmissions; and
c) Industry Canada governing the frequency of operations and public
safety from non-ionized radiation in accordance with Safety Code
6. Licensed Exempt operators must provide a stamped letter from a
licensed professional RF engineer guaranteeing these conditions
will be met.
8.
Appropriate fencing around the base, anchors and site limiting public
access to the tower and exposure to high RF energy fields must be
provided with consideration of community aesthetics.
9.
The application for development must include consideration to minimizing
environmental damage through the following measures:
a) Consultation with Federal and Provincial environmental agencies
to ensure the site selected and the resultant construction does not
impact upon sensitive ecologies nor interfere with migrating birds
or animals. Confirming letters from these agencies must
accompany the application for development.
b) The application for development shall include a signed letter from
the applicant detailing corrective action(s) to remediate any
environmental damages.
10.
As a condition of obtaining a development permit the applicant agrees to
the following:
a) The site will be reclaimed within six (6) months of cessation of
operation.
b) The site reclamation will comply with Alberta Environmental Laws
to be provided by Alberta Environment or their agent.
11.
A public consultative process shall commence within the intent to establish
a wireless facility advertisement in the local newspapers and b letter to the
neighbouring property owners 120 days prior to the anticipated date of
Village of Holden Land Use Bylaw
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General Regulations
construction. The municipality will arrange for the public meetings at its
discretion and at the sole expense of the applicant.
Village of Holden Land Use Bylaw
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R1 District
9
Land Use District Regulations
9.1
R1 - Large Lot Residential District
1.
General Purpose
The general purpose of this District is to allow the development of low
density residential development on larger lots while also facilitating the
development of medium and high density residential development in
appropriate locations.
2.
Permitted Uses
a) Day homes
b) Duplexes (Up-down)
c) Duplexes (Side-by-side)
d) Dwelling, single family
e) Minor home occupations
f) Modular dwellings
g) Public parks, playgrounds and similar recreational uses
h) Public utilities, not including an enclosed building
i) Buildings and uses accessory to permitted uses
3.
Discretionary Uses
a) Apartments
b) Bed and breakfast establishments
c) Boarding House
d) Day Care Facility
e) Family care facilities
f) Group care facility
g) Group home
h) Major home occupations
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R1 District
i) Public or quasi-public buildings
j) Public or quasi-public uses
k) Religious assemblies
l) Row housing
m) Secondary suites
n) Show homes
o) Solar energy collection systems
p) Wind energy conversion system, micro
q) Buildings and uses accessory to discretionary uses
4.
Requirements
a) Minimum Floor Area per dwelling unit for single family dwellings
and modular homes, duplexes, and row housing
i.
74.3 m2 (900 ft.2) for 1 storey
ii.
111.5 m2 (1,200 ft.2) for 1.5 storeys or split level
iii.
130 m2 (1,400 ft.2) for 2 storeys
b) Relating to Single Family Dwellings
i.
Minimum Lot Area - 464.5 m2 (5000 ft.2)
ii.
Minimum Lot Width - 15.24 m (50 ft.)
iii.
Minimum Yard Requirements:
A.
Front yard - 7.5 m (24.6 ft.)
B.
Except as noted below, side yard - 10% of the lot
width, or 1.5 m (5.0 ft.) whichever is lesser
C.
Side yard that is abutting a road in the case of a
corner lot - 4.5 m (14.75 ft.)
D.
Side yard where there is no lane and where no
attached garage is provided - 3 m (9.84 ft.)
E.
Rear yard - 7.5 m (24.6 ft.)
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R1 District
F.
Notwithstanding these regulations, any requirements
established pursuant to the Alberta Safety Codes Act
must be provided.
iv.
Maximum Lot Coverage - 35%
A.
Principle Use: 23%
B.
Accessory Use:
12%
c) Relating to Duplexes
i.
Minimum Lot Area Duplexes (Up-down): 464.5 m2 (5000
ft.2) (both units)
ii.
Minimum Lot Area Duplexes (Side-by-side): 668.9 m2
(7200 ft.2) (both units)
iii.
Minimum Yard Requirements:
A.
Front yard - 7.5 m (24.6 ft.)
B.
Except as noted below, side yard - 10% of the lot
width, or 1.5 m (5 ft.) whichever is lesser
C.
Side yard abutting a road in the case of a corner lot -
4.5 m (14.75 ft.)
D.
Side yard where there is no lane and where no
attached garage is provided - 3 m (9.84 ft.)
E.
Rear yard - 7.5 m (24.6 ft.)
F.
Notwithstanding these regulations, any requirements
established pursuant to the Alberta Safety Codes Act
must be provided.
iv.
Maximum Lot Coverage -35%
Principle Use: 23%
Accessory Use:
12%
d) Relating to Row Housing
i.
The maximum density for row housing shall be 37.5
dwelling units per hectare (15 dwelling units per acre).
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R1 District
ii.
Minimum Lot Area -668.9 m2 (7200 ft.2)
iii.
Minimum Lot Width - at the discretion of the Development
Authority
iv.
Minimum Yard Requirements:
A.
Front yard - 7.5 m (24.6 ft.)
B.
Except as noted below, side yard - 10% of the lot
width, or 1.5 m (5 ft.) whichever is lesser
C.
Side yard abutting a road in the case of a corner lot -
4.5 m (14.75 ft.)
D.
Side yard where there is no lane and where no
attached garage is provided - 3 m (9.84 ft.)
E.
Rear yard - 7.5 m (24.6 ft.)
F.
Notwithstanding these regulations, any requirements
established pursuant to the Alberta Safety Codes Act
must be provided.
v.
Outdoor living Area
Each Dwelling unit shall have an outdoor living area with a
minimum depth of 7.5 m (24.6 ft.) adjacent to it. A
minimum of 15.0 ft. of this depth must be a privacy zone,
contained by a fence with a minimum height of 1.5 m (5
ft.).
vi.
Maximum lot coverage - 40%
Principle Use - 33%
Accessory Use - 12%
e) Relating to Apartments
i.
Minimum Lot Area for Apartments - 800 m2 (8611.1 ft.2)
ii.
The maximum density for apartments shall be 120.0
dwelling units per hectare (48.6 dwelling units per acre).
Development on existing substandard lots may be
considered by the Development Authority. Compliance with
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R1 District
provincial plumbing, drainage and health regulations will be
required.
iii.
Maximum Lot Coverage - 50%
iv.
Minimum Yard Requirements:
A.
Front yard - 9.1 m (30 ft.)
B.
Side yard 40% of the building height, or 15% of the
lot width, whichever is lesser
C.
Rear yard - 9.1m (30 ft.)
Notwithstanding these regulations, any requirements
established pursuant to the Alberta Safety Codes Act must
be provided.
v. Minimum Landscaped Area - 10% of the lot area
vi. Maximum Density and Minimum Floor Area
Type of
Dwelling
Unit
Minimum Floor Area
in a Dwelling Unit
Minimum Lot Area
Per Dwelling Unit
Bachelor
32.5 m2 (350 ft.2)
74. 3 m2 (800 ft.2)
One
Bedroom
46.5 m2 (500 ft.2,)
97.5 m2 (1050 ft.2)
Two
Bedrooms
55.7 m2 (600 ft.2.)
134.7 m2 (1450. ft.2)
Three or
more
Bedrooms
65 m2 (700 ft.2)
134.7 m2 (1450 ft.2)
vii. Minimum Amenity Area
Type of Dwelling Unit
Minimum Amenity Area
Bachelor
18.6 m2 (200.0 ft.2)
One Bedroom
27.9 m2 (300.0 ft.2)
Two Bedrooms
69.7 m2 (750.0 ft.2)
Three or more
Bedrooms
92.9 m2 (1000.0 ft.2)
f) All other uses: as required by the Development Authority
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R1 District
g) Design, Character and Appearance of Buildings:
i.
Buildings may be either of new construction or moved in.
Exterior finish to be wood, metal or similar siding, brick or
stucco to the satisfaction of the Development Authority.
ii.
All modular dwellings shall be factory built or of a quality
equivalent thereto with walls of pre-finished siding, stucco,
brick, or equivalent, as required by the Development
Authority. Solid footings and a concrete or wood block
foundation, wall or skirting shall be provided so that the
appearance, design and construction compliment the
modular dwelling.
iii.
All accessory structures such as patios, porches, additions,
skirting and storage facilities attached to a modular
dwelling shall be factory pre-fabricated units, or of a quality
equivalent thereto, so that the appearance, design and
construction will complement the modular dwelling.
h) Other Requirements:
i.
Every fence enclosing an outdoor swimming pool or hot tub
exceeding 0.9 m (3 ft.) in depth shall be at least 1.7 m (5.6
ft.) in height and shall designed so as to try to deter children
from climbing over or crawling through or under it to gain
access. Gates in the fence shall be the same height as the
fence and shall be equipped with a self-latching device
located on the inside of the fence.
ii.
The maximum height of any building shall be 10 m (32.8
ft.).
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R2 District
9.2
R2 - Small Lot Residential District
1.
General Purpose
The general purpose of this District is to allow the development of low
density residential development on smaller lots while also facilitating the
development of medium and high density residential development in
appropriate locations.
2.
Permitted Uses
a) Day Homes
b) Duplexes (Up-down)
c) Duplexes (Side-by-side)
d) Dwelling, single family
e) Minor home occupations
f) Modular dwellings
g) Public parks, playgrounds and similar recreational uses
h) Public utilities, not including an enclosed building
i) Buildings and uses accessory to permitted uses
3.
Discretionary Uses
a) Apartments
b) Bed and breakfast establishments
c) Boarding House
d) Day Care Facility
e) Family care facilities
f) Group care facility
g) Group home
h) Major home occupations
i) Public or quasi-public buildings
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R2 District
j) Public or quasi-public uses
k) Religious assemblies
l) Row housing
m) Secondary suites
n) Show homes
o) Solar energy collection systems
p) Wind energy conversion system, micro
q) Buildings and uses accessory to discretionary uses
4.
Requirements
a) Minimum Floor Area per dwelling unit for single family dwellings
and modular homes, duplexes, and row housing
i.
74.3 m2 (900 ft.2) for 1 storey
ii.
111.5 m2 (1,200 ft.2) for 1.5 storeys or split level
iii.
130 m2 (1,400 ft.2) for 2 storeys
b) Relating to Single Family Dwellings
i.
Minimum Lot Area - 371.6 m2 (4000 ft.2)
ii.
Minimum Lot Width - 11.8 m (37 ft.)
iii.
Minimum Yard Requirements:
A.
Front yard - 7.5 m (24.6 ft.)
B.
Except as noted below, side yard - 10% of the lot
width, or 1.5 m (5.0 ft.) whichever is lesser
C.
Side yard that is abutting a road in the case of a
corner lot - 4.5 m (14.75 ft.)
D.
Side yard where there is no lane and where no
attached garage is provided - 3 m (9.84 ft.)
E.
Rear yard - 7.5 m (24.6 ft.)
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R2 District
F.
Notwithstanding these regulations, any requirements
established pursuant to the Alberta Safety Codes Act
must be provided.
iv.
Maximum Lot Coverage - 35%
A.
Principle Use: 23%
B.
Accessory Use:
12%
c) Relating to Duplexes
i.
Minimum Lot Area Duplexes (Up-down): 464.5 m2 (5000
ft.2) (both units)
ii.
Minimum Lot Area Duplexes (Side-by-side): 668.9 m2
(7200 ft.2) (both units)
iii.
Minimum Yard Requirements:
A.
Front yard - 7.5 m (24.6 ft.)
B.
Except as noted below, side yard - 10% of the lot
width, or 1.5 m (5 ft.) whichever is lesser
C.
Side yard abutting a road in the case of a corner lot -
4.5 m (14.75 ft.)
D.
Side yard where there is no lane and where no
attached garage is provided - 3 m (9.84 ft.)
E.
Rear yard - 7.5 m (24.6 ft.)
F.
Notwithstanding these regulations, any requirements
established pursuant to the Alberta Safety Codes Act
must be provided.
iv.
Maximum Lot Coverage -35%
Principle Use: 23%
Accessory Use:
12%
d) Relating to Row Housing
i.
The maximum density for row housing shall be 37.5
dwelling units per hectare (15 dwelling units per acre).
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R2 District
ii.
Minimum Lot Area -668.9 m2 (7200 ft.2)
iii.
Minimum Lot Width - at the discretion of the Development
Authority
iv.
Minimum Yard Requirements:
A.
Front yard - 7.5 m (24.6 ft.)
B.
Except as noted below, side yard - 10% of the lot
width, or 1.5 m (5 ft.) whichever is lesser
C.
Side yard abutting a road in the case of a corner lot -
4.5 m (14.75 ft.)
D.
Side yard where there is no lane and where no
attached garage is provided - 3 m (9.84 ft.)
E.
Rear yard - 7.5 m (24.6 ft.)
F.
Notwithstanding these regulations, any requirements
established pursuant to the Alberta Safety Codes Act
must be provided.
v.
Outdoor living Area
Each Dwelling unit shall have an outdoor living area with a
minimum depth of 7.5 m (24.6 ft.) adjacent to it. A
minimum of 15.0 ft. of this depth must be a privacy zone,
contained by a fence with a minimum height of 1.5 m (5
ft.).
vi.
Maximum lot coverage - 40%
Principle Use - 33%
Accessory Use - 12%
e) Relating to Apartments
i.
Minimum Lot Area for Apartments - 800 m2 (8611.1 ft.2)
ii.
The maximum density for apartments shall be 120.0
dwelling units per hectare (48.6 dwelling units per acre).
Development on existing substandard lots may be
considered by the Development Authority. Compliance with
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R2 District
provincial plumbing, drainage and health regulations will be
required.
iii.
Maximum Lot Coverage - 50%
iv.
Minimum Yard Requirements:
A.
Front yard - 9.1 m (30 ft.)
B.
Side yard 40% of the building height, or 15% of the
lot width, whichever is lesser
C.
Rear yard - 9.1m (30 ft.)
Notwithstanding these regulations, any requirements
established pursuant to the Alberta Safety Codes Act must
be provided.
v.
Minimum Landscaped Area - 10% of the lot area
vi.
Maximum Density and Minimum Floor Area
Type of
Dwelling
Unit
Minimum Floor Area
in a Dwelling Unit
Minimum Lot Area
Per Dwelling Unit
Bachelor
32.5 m2 (350 ft.2)
74. 3 m2 (800 ft.2)
One
Bedroom
46.5 m2 (500 ft.2,)
97.5 m2 (1050 ft.2)
Two
Bedrooms
55.7 m2 (600 ft.2.)
134.7 m2 (1450. ft.2)
Three or
more
Bedrooms
65 m2 (700 ft.2)
134.7 m2 (1450 ft.2)
vii.
Minimum Amenity Area
Type of Dwelling Unit
Minimum Amenity Area
Bachelor
18.6 m2 (200.0 ft.2)
One Bedroom
27.9 m2 (300.0 ft.2)
Two Bedrooms
69.7 m2 (750.0 ft.2)
Three or more
Bedrooms
92.9 m2 (1000.0 ft.2)
f)
All other uses: as required by the Development Authority
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R2 District
g) Design, Character and Appearance of Buildings:
i.
Buildings may be either of new construction or moved in.
Exterior finish to be wood, metal or similar siding, brick or
stucco to the satisfaction of the Development Authority.
ii.
All modular dwellings shall be factory built or of a quality
equivalent thereto with walls of pre-finished siding, stucco,
brick, or equivalent, as required by the Development
Authority. Solid footings and a concrete or wood block
foundation, wall or skirting shall be provided so that the
appearance, design and construction compliment the
modular dwelling.
iii.
All accessory structures such as patios, porches, additions,
skirting and storage facilities attached to a modular dwelling
shall be factory pre-fabricated units, or of a quality
equivalent thereto, so that the appearance, design and
construction will complement the modular dwelling.
h) Other Requirements:
i.
Every fence enclosing an outdoor swimming pool or hot tub
exceeding 0.9 m (3 ft.) in depth shall be at least 1.7 m (5.6
ft.) in height and shall designed so as to try to deter children
from climbing over or crawling through or under it to gain
access. Gates in the fence shall be the same height as the
fence and shall be equipped with a self-latching device
located on the inside of the fence.
ii.
The maximum height of any building shall be 10 m (32.8
ft.).
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RMH1 District
9.3
RMH1 - Residential Manufactured Home Subdivision District
1.
General Purpose
The general purpose of this District is to allow the development of
manufactured home subdivisions, in which each manufactured home is
located on a separate lot.
2.
Permitted Uses
a) Manufactured homes, new
b) Minor home occupations
c) Parks, playgrounds and similar recreational uses
d) Public utilities, not including an enclosed building
e) Buildings and uses accessory to permitted uses
3.
Discretionary Uses
a) Bed and breakfast establishments
b) Day homes
c) Family care facilities
d) Major home occupations
e) Manufactured homes no older than 10 years in age at the time of
development permit application
f) Modular Homes
g) Public or quasi-public uses or buildings
h) Religious assemblies
i) Show homes
j) Single family dwellings
k) Solar energy collection systems
l) wind energy conversion systems, micro
m) Buildings and uses accessory to discretionary uses
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RMH1 District
4.
Requirements
a) Minimum Lot Area
i.
For manufactured homes and single family dwellings -
464.5 m2 (5,000 ft.2)
ii.
For all other uses - as required by the Development
Authority
b) Minimum Lot Width
i.
For manufactured homes and single family dwellings - 15.2
m (50.0 ft.)
ii.
For all other uses - as required by the Development
Authority
c) Minimum Floor Area (not including any attached porches)
i.
For manufactured homes and single family dwellings - 46.5
m2 (500.0 ft.2)
ii.
For all other uses - as required by the Development
Authority
d) Maximum Height of Buildings
i.
For manufactured homes and single family dwellings- 4.6
m (15.1 ft.)
ii.
For accessory buildings - 4.6 m (15.1 ft.)
iii.
For all other buildings - as allowed by the Development
Authority
e) Maximum Lot Coverage
i.
For manufactured homes and single family dwellings- 23%
ii.
For accessory buildings - 12%
iii.
For all other buildings - as allowed by the Development
Authority
f) Minimum Yard Requirements
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RMH1 District
i.
Front yard - 4.5 m (15.0 ft.)
ii.
Except as noted below, side yard - 3 m (9.84 ft.)
iii.
Side yard abutting a road in the case of a corner lot - 4.5 m
(14.75 ft.)
iv.
Rear yard
a. Interior Lot - 6.09 m (20.0 ft.)
b. Corner Lot - 4.5 m (14.75 ft.)
v.
Notwithstanding these regulations, any requirements
established pursuant to the Alberta Safety Codes Act must
be provided.
g) Design, Character and Appearance of Buildings:
i.
Buildings may be either of new construction or moved in.
Exterior finish to be wood, metal or similar siding, brick or
stucco to the satisfaction of the Development Authority.
ii.
All dwellings shall be factory built or of a quality
equivalent thereto with walls of pre-finished siding, stucco,
brick, or equivalent, as required by the Development
Authority. Solid footings and a concrete or wood block
foundation, wall or skirting shall be provided so that the
appearance, design and construction compliment the
dwelling.
iii.
All accessory structures such as patios, porches, additions,
skirting and storage facilities attached to a dwelling shall be
factory pre-fabricated units, or of a quality equivalent
thereto, so that the appearance, design and construction will
complement the modular dwelling.
iv.
The undercarriage of each manufactured home shall be
screened from view by skirting or such other means
satisfactory to the Development Authority.
h) Other Requirements:
i.
Every fence enclosing an outdoor swimming pool or hot tub
exceeding 0.9 m (3 ft.) in depth shall be at least 1.7 m (5.6
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RMH1 District
ft.) in height and shall designed so as to try to deter children
from climbing over or crawling through or under it to gain
access. Gates in the fence shall be the same height as the
fence and shall be equipped with a self-latching device
located on the inside of the fence.
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RMH2 District
9.4
RMH2 - Residential Manufactured Home Park District
1.
General Purpose
The general purpose of this District is to provide for the development of
manufactured home parks where stalls are provided on a rental basis.
2.
Permitted Uses
a) Manufactured homes that are:
i.
within a manufactured home park for which a development
permit has been approved
b) Minor home occupations
c) Parks, playgrounds and similar recreational uses
d) Public utilities, not including an enclosed building
e) Buildings and uses accessory to permitted uses
3.
Discretionary Uses
a) Day homes
b) Major home occupations
c) Manufactured home parks
d) Public or quasi-public uses
e) Show homes
f) Solar energy collection systems
g) Uses directly related to the convenience of the manufactured home
park residents or management
h) Buildings and uses accessory to discretionary uses
4.
Requirements
a) Minimum Stall Area - 371.6 m2 (4,000 ft.2)
b) Minimum Stall Width - 15.2 m (49.9 ft.)
c) Minimum lot area size for a manufactured home park - 2 ha (5.0
acres)
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RMH2 District
d) Maximum stall area coverage for:
Manufactured home and accessory buildings on a stall - 23%
Accessory building - 12%
e) Maximum Density - 20 manufactured homes per ha (8 per ac.)
f) Minimum Yards for a Manufactured Home Park:
i.
Front - 7.6 m (25 ft.)
ii.
Side adjacent to a road - 7.6 m (25. ft.)
iii.
All other yards - 3 m (9.8 ft.)
iv.
Notwithstanding these regulations, any requirements
established pursuant to the Alberta Safety Codes Act must
be provided.
g) Setback Requirements for Manufactured Homes within a
Manufactured Home Stall:
i.
Front setback from an internal roadway or parking area -
3.7 m (12 ft.).
ii.
Manufactured homes including attached structures shall be
at least 15.2 m (50 ft.) from any manufactured home,
including any attached structures or permanent park
structures located directly on the opposite side of a park
street.
iii.
Minimum Side Setback:
A. No manufactured home shall be located within 4.5
m (15 ft.) of another and no portion of a
manufactured home or accessory building shall be
placed closer than 1.5 m (5 ft.) to a side line. No
manufactured homes shall be permitted within a
block of parcels designed or designated for zero lot
line placements.
B. Minimum rear setback - 2.3 m (7.5 ft.).
5.
Manufactured Home Park Requirements
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RMH2 District
a) Storage:
i.
Communal or individual storage areas for vehicles,
recreation vehicles, watercraft, and other items that cannot
be stored on a manufactured home stall shall be provided at
a rate of at least 18.6 m2 (220 ft.2) of storage area per
manufactured home stall.
ii.
The Development Authority may require that a storage area
be enclosed or screened by trees, landscape features or
fences or a combination thereof to the satisfaction of the
Development Authority.
iii.
No vehicle greater than 9 m (30 ft.) in length may be parked
on a manufactured home stall or manufactured home park
street.
iv.
Not more than one recreation vehicle or trailer may be
parked on a manufactured home stall.
b) Visitors' Off-Street Parking:
i.
In addition to the parking requirements articulated in this
Bylaw, one (1) parking stall for every five (5) manufactured
home stalls shall be provided in the manufactured home
park, as common parking for guests or as required by the
Development Authority.
c) Open Space:
i.
A minimum of 10% of the gross park area shall be set aside
as common open space recreation area and no portion of
any manufactured home stall shall be included in this open
space.
d) Utilities:
i.
All utility lines shall be placed underground or as stipulated
in a development agreement.
e) Appearance:
i.
All accessory structures such as patios, porches, additions,
skirting and storage facilities shall be factory pre-fabricated
units, or of a quality equivalent thereto, so that the
Village of Holden Land Use Bylaw
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135
RMH2 District
appearance, design and construction will complement the
manufactured home.
ii.
The undercarriage of each manufactured home shall be
screened from view by skirting or such other means
satisfactory to the Development Authority.
iii.
Outdoor lighting shall be of a design and appearance
satisfactory to the Development Authority.
iv.
All areas of a manufactured home park not developed or
occupied by park roads, walkways, driveways, parking
aprons, buildings, communal storage areas, or other
developed facilities shall be grassed and landscaped.
f) Fences and Screening:
i.
The manufactured home park shall be screened from view
with a vegetated buffer strip of a minimum of 9 m (30 ft.)
and/or other screening of a visually pleasing nature as
required by the Development Authority.
g) Buffer:
i.
A landscaped buffer of not less than 10 m (33 ft.) or a width
satisfactory to the Development Authority shall be provided
around the perimeter of the manufactured home park.
h) Other:
i.
development permit shall not be issued for a manufactured
home park until the Development Authority has received
assurance from appropriate authorities indicating that the
proposed sewage disposal system has been approved.
ii.
Adequate on-site recreation areas such as playgrounds and
tot lots may be required if deemed appropriate.
iii.
All roads in a manufactured home park shall be surfaced,
and well drained, and maintained to the satisfaction of the
Development Authority. Minimum driving surface width
shall be 7.3 m (24 ft.).
iv.
All parks shall be provided with safe, convenient, all-season
pedestrian access of at least 1 m (3.25 ft.) width for
Village of Holden Land Use Bylaw
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136
RMH2 District
intended use between individual manufactured homes, the
park street and all community facilities provided for park
residents.
v.
The design of manufactured home parks shall be to the
satisfaction of the Development Authority.
vi.
All municipal utilities shall be provided underground to
stalls in a manufactured home park.
vii.
No part of the park shall be used for non-residential
purposes except such uses as are required for the direct
servicing and wellbeing of the park residents and for the
management and maintenance of the park.
viii.
Manufactured home park facilities shall be arranged to
create a homelike atmosphere. This objective is achieved by
variations in street pattern, block shapes and location of
manufactured home stands.
ix.
Each manufactured home stall shall be clearly marked off
by means of stakes, countersunk steel posts, fences, curbs
or hedges.
x.
Only one main, free-standing, identification sign of
residential character and appearance shall be erected at the
entrance to a manufactured home park unless the
Development Authority is of the opinion that a further and
similar
sign
shall
be
allowed
under
exceptional
circumstances involving the layout, location and size of the
park in relation to the surrounding areas. The sign or signs
shall be of a size, type and construction acceptable to the
Development Authority.
xi.
Directional signs within the manufactured home park must
be integrated in design and appearance, be kept in scale
with the immediate surroundings and constructed of durable
material.
xii.
Manufactured homes shall be separated from each other by
at least 6 m (19.5 ft.) side to side.
xiii.
Notwithstanding any other provisions of this Bylaw to the
contrary, manufactured homes shall not be placed
Village of Holden Land Use Bylaw
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137
RMH2 District
"sideways" on a lot, with their longer dimension (length)
parallel or nearly parallel to the front line, unless the lot
width exceeds 45 m (147.6 ft.).
Village of Holden Land Use Bylaw
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138
C1 District
9.5
C1 - Downtown Commercial District
1.
General Purpose
The general purpose of this District is to provide for a wide variety of
commercial uses and some mixed use commercial/residential uses within
the Village's downtown core.
2.
Permitted Uses
a) Business support services establishments
b) Eating and drinking establishments
c) General retail establishments
d) Government services
e) Health services
f) Hotels
g) Household repair services
h) Indoor amusement establishments
i) Libraries and cultural exhibits
j) Office uses
k) Personal service shops
l) Buildings and uses accessory to permitted uses
3.
Discretionary Uses
a) Auctioneering establishments
b) Automotive and equipment repair shops
c) Automotive and recreational vehicle sales/rentals establishments
d) Bus depots
e) Day care facilities
f) Dwellings within buildings in which the predominant use is one or
more of the listed permitted or discretionary uses, provided,
Village of Holden Land Use Bylaw
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139
C1 District
however, that the dwellings have direct access to the outside of the
building
g) Drive-in businesses
h) Entertainment establishments
i) Equipment rental establishments
j) Extensive recreation
k) Greenhouses
l) Institutional uses
m) Intensive recreation
n) Limited contractor services
o) Liquor stores
p) Motels
q) Outdoor amusement establishments
r) Parking lots
s) Private clubs
t) Protective and emergency services
u) Public or quasi-public buildings
v) Public or quasi-public uses
w) Public parks
x) Public utilities
y) Public utility buildings
z) Religious assemblies
aa) Senior citizens' drop in centres
bb) Service stations
cc) Surveillance suite (maximum of one per lot)
Village of Holden Land Use Bylaw
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140
C1 District
dd) Vehicle repair establishments
ee) Veterinary clinics
ff) Warehouse sales establishments
gg) Other uses which are, in the opinion of the Development Authority,
similar to the above-listed permitted and discretionary uses
hh) Buildings and uses accessory to discretionary uses
4.
Requirements
a) Minimum Lot Area: 140 m2 (1507 ft.2)
b) Minimum Lot Width: 7.6 m (25.0 ft.)
c) Minimum Yard Requirements:
i.
Front yard - None, except where the Development
Authority may require a setback in order to conform with
existing adjacent development
ii.
Side yard
a. If the subject lot is bounded on both sides by land
classified C1, no side yard shall be required.
b. If the subject lot is bordered by a lot in a Residential
District, the minimum side yard required shall be
1.5 m (4.9 ft.).
iii.
Rear yard - 7.6 m (25.0 ft.), or as required by the
Development Authority.
iv.
Notwithstanding these regulations, any requirements
established pursuant to the Alberta Safety Codes Act must
be provided
d) Maximum Lot Coverage - 80%, provided that provision has been
made for on-site parking, loading, storage and waste disposal to the
satisfaction of the Development Authority.
e) No development shall be allowed that will, in any way and in the
sole opinion of the Development Authority, become obnoxious by
way of noise, odour, dust, or fumes.
Village of Holden Land Use Bylaw
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141
C1 District
f) Design, Character and Appearance of Buildings:
i.
Buildings may be either of new construction or moved in.
Exterior finish to be wood, metal or similar siding, brick or
stucco to the satisfaction of the Development Authority.
ii.
All accessory structures shall be factory pre-fabricated
units, or of a quality equivalent thereto, so that the
appearance, design and construction will complement the
main building.
Village of Holden Land Use Bylaw
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142
C2 District
9.6
C2 -Commercial and Industrial District
1.
General Purpose
The general purpose of this District is to allow for a wide variety of commercial
and industrial uses which are somewhat more land extensive, serve the travelling
public, and support regional industrial development. No industrial development
shall take place which may have a detrimental effect on the municipality or its
environment.
2.
Permitted Uses
a) Highway commercial uses
b) Light industrial uses
c) Limited contractor services
d) Office uses
e) Protective and emergency services
f) Public or quasi-public buildings
g) Public or quasi-public uses
h) Buildings and uses accessory to permitted uses
3.
Discretionary Uses
a)
Agricultural industries
b)
Auctioneering establishments
c)
Automotive and equipment repair shops
d)
Automotive and recreational vehicle sales/rentals establishments
e)
Bulk fuel storage and sales
f)
Bus depots
g)
Drive-in businesses
h)
Entertainment establishments
i)
Equipment rental establishments
j)
Extensive recreation
Village of Holden Land Use Bylaw
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143
C2 District
k)
General contractor services
l)
Greenhouse
m)
Heavy industrial uses
n)
Heavy truck and equipment storage
o)
Industrial vehicle and equipment sales/rentals establishments
p)
Institutional uses
q)
Intensive recreation
r)
Limited contractor services
s)
Liquor stores
t)
Motels
u)
Oilfield and gas field servicing
v)
Oilfield waste processing and disposal services
w)
Outdoor amusement establishments
x)
Outdoor storage
y)
Parking lots
z)
Pipe and equipment storage yards
aa)
Private clubs
bb)
Protective and emergency services
cc)
Public or quasi-public buildings
dd)
Public or quasi-public uses
ee)
Public parks
ff)
Public utilities
gg)
Public utility buildings
hh)
Recreational vehicle parks
ii)
Recreational vehicle storage
Village of Holden Land Use Bylaw
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144
C2 District
jj)
Recycling depots
kk)
Salvage yards and/or auto wreckers
ll)
Service stations
mm) Sewage lagoons and other sewage treatment facilities
nn)
Surveillance suite (maximum of one per lot)
oo)
Trucking and cartage establishments
pp)
Vehicle repair establishments
qq)
Veterinary clinics
rr)
Warehouse sales establishments
ss)
Other uses which are, in the opinion of the Development Authority,
similar to the above-listed permitted and discretionary uses
tt)
Buildings and uses accessory to discretionary uses
4.
Requirements
a) Minimum Lot Area: As required by the Development Authority
b) Minimum Lot Width: 7.62 m (25.0 ft.)
c) Minimum Yard Requirements:
i.
Front yard - 9 m (29.5 ft.), or as required by the Development
Authority
ii.
Side yard - 4.5 m (14.8 ft.), or as required by the Development
Authority
iii.
Rear yard - 9 m (29.5 ft.), or as required by the Development
Authority
d) Maximum Lot Coverage - At the discretion of the Development
Authority, provided that provision has been made for on-site parking,
loading, storage and waste disposal to the satisfaction of the Development
Authority.
Village of Holden Land Use Bylaw
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145
C2 District
e) No development shall be allowed that will, in any way and in the sole
opinion of the Development Authority, become obnoxious by way of
noise, odour, dust, or fumes.
Village of Holden Land Use Bylaw
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146
I District
9.7
I - Institutional District
1.
General Purpose
The general purpose of this District is to control the development of public
and quasi-public buildings and uses, including recreational facilities within
hamlets.
2.
Permitted Uses
a) Day care facilities
b) Government services
c) Group homes
d) Health services
e) Institutional uses
f) Libraries and cultural exhibits
g) Office uses
h) Protective and emergency services
i) Public education facilities
j) Public or quasi-public buildings
k) Public or quasi-public uses
l) Public parks
m) Recreational uses
n) Religious assembly
o) Senior citizens' homes and similar developments
p) Buildings and uses accessory to permitted uses
3.
Discretionary Uses
a) Cemeteries
b) Intensive recreation
Village of Holden Land Use Bylaw
147
147
I District
c) Private clubs
d) Other uses which are, in the opinion of the Development Authority,
similar to the above-listed permitted and discretionary uses
e) Buildings and uses accessory to discretionary uses
4.
Requirements
a) All senior citizens' homes and similar developments shall be
developed in accordance with the requirements for apartments in
the residential Districts of this Bylaw.
b) All other development shall be developed in accordance with
requirements as determined by the Development Authority.
Village of Holden Land Use Bylaw
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148
P District
9.8
P - Community District
1.
General Purpose
The general purpose of this District is to allow the use of land for service,
mainly of a public nature, which has a primary orientation to the
community. Land within the P District must be owned by the municipality
or other government, or will be so owned within six months of being so
designated.
2.
Permitted Uses
a) Extensive recreation
b) Natural areas
c) Public parks
d) Buildings and uses accessory to permitted uses
3.
Discretionary Uses
a) Public or quasi-public buildings
b) Public or quasi-public uses
c) Public utilities
d) Other uses which are, in the opinion of the Development Authority,
similar to the above-listed permitted and discretionary uses
e) Buildings and uses accessory to discretionary uses
4.
Requirements
a) All requirements shall be as required by the Development
Authority.
Village of Holden Land Use Bylaw
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149
UR District
9.9
UR - Urban Reserve District
1.
General Purpose
The general purpose of this District is to reserve lands for future
community growth and development
2.
Permitted Uses
a) Extensive agriculture
b) Buildings and uses accessory to permitted uses
3.
Discretionary Uses
a) Extensive recreation
b) Intensive agriculture, but not including kennels
c) Parks and playgrounds
d) Public or quasi-public buildings
e) Public or quasi-public uses
f) Public utilities
g) Any temporary use or building which, in the opinion of the
Development Authority, will not prejudice the possibility of
conveniently and economically re-subdividing or developing the
area in the future at urban densities.
h) Other uses which are, in the opinion of the Development
Authority, similar to the above-listed permitted and discretionary
uses
i) Buildings and uses accessory to discretionary uses
4.
Requirements
a) Development requirements shall be as required by the
Development Authority.
Village of Holden Land Use Bylaw
150
150
Land Use District Map
10
Land Use District Map
46 Avenue
47 Avenue
48 Avenue
48 Avenue
48 Street
49 Avenue
49 Street
50 Avenue
50 Street
51 Avenue
51 Street
52 Avenue
52 Street
53 Avenue
53 Street
Range Road 161
Range Road 161B
Township Road 492B
West Boundary Road
Village of Holden
Land Use Bylaw Map
Digital Geographic Information: Canada National Topological Survey Geobase and Geogratis & Altalis |Geographic coordinate system and projection: UTM. NAD 83 Datum: Zone 12N
FOR MORE INFORMATION: www.munplan.ab.ca | #208, 1751-107 Avenue NW Edmonton, AB T5S 1E5 | 780.486.1991
0
250
500 Metres
UR
R1
C2
C1
I
I
I
R1
R1
P
P
P
I
R1
I
R1
P
C1
R1 - Large Lot Residential
R2 - Small Lot Residential
RMH1 - Residential Manufactured Home Subdivison
RMH2 - Residential Manufactured Home Park
C1 - Downtown Commercial
C2 - Commercial and Industrial
I - Institutional
P - Community
UR - Urban Reserve