This is the exact embedded text of the captured official document.
Snapshot 15f410450634 · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Village of Hussar Land Use Bylaw 563-24
VILLAGE OF HUSSAR
LAND USE BYLAW 563-24
Adopted September 11, 2025
Village of Hussar Land Use Bylaw 563-24
REPARED BY:
PALLISER REGIONAL MUNICIPAL SERVICES
Village of Hussar Land Use Bylaw 563-24
OFFICE CONSOLIDATION
This document is a consolidation of Land Use Bylaw 563-24 with one or more revising and amending
bylaws. Anyone making use of this consolidation is reminded that it has no legislative sanction.
Amendments have been included for convenience of reference only. The approved bylaws should be
consulted for all purposes of interpreting and applying the law.
Bylaws included in this consolidation:
Bylaw No.
Affected
Section
Description
Date
Village of Hussar Land Use Bylaw 563-24
Table of Contents
1
PURPOSE AND APPLICATION OF THE LAND USE BYLAW ............................................... 1
1.1
TITLE ................................................................................................................................................................... 1
1.2
PURPOSE ............................................................................................................................................................ 1
1.3
APPLICATION ...................................................................................................................................................... 1
2
INTERPRETATION OF THE LAND USE BYLAW ................................................................. 2
2.1
RULES OF INTERPRETATION ............................................................................................................................... 2
2.2
DISTRICT BOUNDARIES ...................................................................................................................................... 2
2.3
DEFINITIONS ...................................................................................................................................................... 3
3
ADMINISTRATIVE AGENCIES ....................................................................................... 23
3.1
DEVELOPMENT AUTHORITY - ESTABLISHMENT ............................................................................................... 23
3.2
SUBDIVISION AUTHORITY: ............................................................................................................................... 23
3.3
DEVELOPMENT AUTHORITY - POWERS AND DUTIES ...................................................................................... 23
3.4
SUBDIVISION AUTHORITY - POWERS AND DUTIES .......................................................................................... 25
4
DEVELOPMENT APPLICATION AND APPROVAL PROCESS ............................................ 27
4.1
DEVELOPMENT PERMITS REQUIRED ................................................................................................................ 27
4.2
DEVELOPMENT PERMITS NOT REQUIRED ........................................................................................................ 27
4.3
APPLICATION REQUIREMENTS ......................................................................................................................... 28
4.4
NOTICE OF COMPLETE OR INCOMPLETE APPLICATION ................................................................................... 29
4.5
DEVELOPMENT PERMIT APPLICATION REFERRALS .......................................................................................... 30
4.6
DECIDING ON A DEVELOPMENT PERMIT APPLICATION ................................................................................... 30
4.7
DEVELOPMENT PERMITS AND NOTICE OF DECISION ....................................................................................... 31
4.8
CONDITIONS OF APPROVAL ............................................................................................................................. 33
4.9
DEVELOPMENT PERMIT COMMENCEMENT AND COMPLETION ...................................................................... 34
5
APPEALS ..................................................................................................................... 35
5.1
SUBDIVISION APPEALS ..................................................................................................................................... 35
5.2
DEVELOPMENT APPEALS.................................................................................................................................. 35
6
ENFORCING AND AMENDING THE LAND USE BYLAW .................................................. 36
6.1
COMPLIANCE WITH OTHER BYLAWS AND REGULATIONS ............................................................................... 36
6.2
RIGHT OF ENTRY AND INSPECTION .................................................................................................................. 36
6.3
OFFENCES......................................................................................................................................................... 36
6.4
ORDERS ............................................................................................................................................................ 37
6.5
AMENDMENTS TO THE LAND USE BYLAW ....................................................................................................... 37
7
GENERAL LAND USE REGULATIONS ............................................................................. 39
7.1
APPLICABILITY .................................................................................................................................................. 39
Village of Hussar Land Use Bylaw 563-24
7.2
YARD SETBACKS AND PERMITTED PROJECTIONS ............................................................................................. 39
7.3
UTILITIES .......................................................................................................................................................... 40
7.4
PARKING AND LOADING FACILITIES ................................................................................................................. 40
7.5
ACCESSORY BUILDINGS .................................................................................................................................... 42
7.6
FENCING ........................................................................................................................................................... 43
7.7
CORNER LOTS, REVERSE CORNER LOTS AND IRREGULAR LOTS ....................................................................... 44
7.8
SCREENING OF OUTSIDE STORAGE AREAS AND GARBAGE STORAGE .............................................................. 45
7.9
BED AND BREAKFASTS ..................................................................................................................................... 46
7.10
HOME OCCUPATIONS ...................................................................................................................................... 46
7.11
PET CARE SERVICES .......................................................................................................................................... 47
7.12
KENNELS ........................................................................................................................................................... 47
7.13
RELOCATION OF BUILDINGS ............................................................................................................................ 48
7.14
RESIDENTIAL BUILDINGS ON THE SAME SITE ................................................................................................... 48
7.15
SIGN CONTROL ................................................................................................................................................. 48
7.16
NON-CONFORMING USES AND NON-CONFORMING BUILDINGS .................................................................... 49
7.17
SITE GRADING AND DRAINAGE ........................................................................................................................ 50
7.18
CONTROLLED APPEARANCE ............................................................................................................................. 50
7.19
SECONDARY SUITES & BACKYARD SUITES ........................................................................................................ 50
7.20
MANUFACTURED DWELLINGS ......................................................................................................................... 50
7.21
TEMPORARY BUILDINGS OR USES .................................................................................................................... 51
7.22
RENEWABLE ENERGY SYSTEMS ........................................................................................................................ 51
8
DISTRICTS ................................................................................................................... 52
8.1
ESTABLISHMENT OF LAND USE DISTRICTS ....................................................................................................... 52
8.2
DISTRICTS ......................................................................................................................................................... 52
8.3
DISTRICT BOUNDARIES .................................................................................................................................... 52
8.4
RESIDENTIAL DISTRICT (R) ................................................................................................................................ 54
8.5
RESIDENTIAL DISTRICT - MANUFACTURED DWELLING (R-MD) ....................................................................... 56
8.6
COMMERCIAL DISTRICT (C) .............................................................................................................................. 58
8.7
INDUSTRIAL GENERAL DISTRICT (I) .................................................................................................................. 60
8.8
URBAN RESERVE DISTRICT (UR) ....................................................................................................................... 62
8.9
COMMUNITY SERVICE DISTRICT (CS) ............................................................................................................... 63
9
LAND USE DISTRICT MAP REPLACE ............................................................................. 65
Village of Hussar Land Use Bylaw 563-24
P a g e | 1
Part 1 Purpose and
Application
1 PURPOSE AND APPLICATION OF THE LAND USE BYLAW
1.1
TITLE
The title of this Bylaw shall be the Village of Hussar Land Use Bylaw.
1.2
PURPOSE
The purpose of this Bylaw is to regulate and control or to prohibit the uses and development of
land and buildings within the Municipality to achieve fair, orderly, and economic development
of land as well as to:
divide the Municipality into districts;
prescribe and regulate for each district, the intent and purpose for which land or
buildings may be used;
establish a method of making decisions on applications for Development
Permits including the issuing of Development Permits;
establish a method of making decisions on applications for Subdivision Approval
and the issuing of a decision; and
prescribe the procedure to notify owners of land likely to be affected by the
issuance of a Development Permit.
1.3
APPLICATION
This Bylaw shall apply to the whole of the Village of Hussar, being all lands contained within its
boundaries.
No person shall commence any development within the Village of Hussar except in conformity
with this Bylaw.
Compliance with the requirements of this Bylaw does not exempt any person from the
requirements of any adopted statutory plan, including the Municipal Development Plan, and
any applicable Intermunicipal Development Plans and Area Structure/Redevelopment Plans.
Village of Hussar Land Use Bylaw 563-24
P a g e | 2
Part 2 Interpretation
2 INTERPRETATION OF THE LAND USE BYLAW
2.1
RULES OF INTERPRETATION
Unless otherwise required by the context, words used in the present tense include the future
tense; and the word person includes a corporation as well as an individual. The Alberta
Interpretation Act shall be used in interpretation. Words have the same meaning whether they
are capitalized or not. Gender specific terms shall be taken to mean any gender.
The words "shall" and "must" require mandatory compliance except where a variance or
relaxation has been granted pursuant to the Act or this Bylaw. "May" means a choice is
available, with no particular direction or guidance intended.
Where a regulation involves two or more conditions or provisions connected by the
conjunction "and" means all the connected items shall apply in combination; "or" indicates
that the connected items may apply singly; and "and/or" indicates the items may apply singly
or in combination.
The written regulations take precedence over any diagrams if there is a perceived conflict.
The Land Use District Map (Found in Part 9) takes precedence over any diagram in the district
regulations if there is an apparent conflict.
2.2
DISTRICT BOUNDARIES
Where a boundary is shown as approximately following the Municipal boundary, it follows the
Municipal Boundary.
Where a boundary is shown as approximately following a property line, it follows the property
line.
Where a boundary is shown as approximately following a topographic contour line or a top-of-
bank line it follows that line. In the event of change of the topographic line, it shall move with
that line.
Where a boundary is shown as being parallel to or as an extension of any of the features listed
above, it shall be so.
In circumstances not covered above, the boundary shall be determined by a resolution of
Council.
Village of Hussar Land Use Bylaw 563-24
P a g e | 3
When any public roadway is closed, the roadway lands have the same district as the abutting
land. When abutting lands are governed by different districts, the centre of roadway is the
district boundary unless the district boundary is shown clearly following the edge of the
roadway. If the roadway is consolidated with an adjoining parcel, the parcel's district
designation applies to affected portions of the roadway.
2.3
DEFINITIONS
Words and terms used in this Bylaw shall have the same meaning as given to them in the
Municipal Government Act, Revised Statutes of Alberta, 2000, Ch. M-26, as amended, unless
otherwise defined in this section.
When no definition is provided in the Municipal Government Act, the Alberta Interpretation
Act or this Bylaw, Webster's New Collegiate Dictionary shall be used.
TERM
DEFINITION
A
ABATTOIR
means the use of land or buildings as a facility for the slaughtering of
animals and the processing of meat products
ABUT or ABUTTING
means immediately contiguous to, or physically touching, and when
used with respect to a lot or a site, means that the lot or site physically
touches another lot, site, or development, and shares a property line
or boundary line with it.
ACCESSORY BUILDING OR
STRUCTURE
means a building or structure, the use of which is incidental or
subordinate to the use of the principal building which is located on the
same parcel. A structure which is attached to the principal building by
a roof, a floor or a foundation is not an accessory building, it is to be
considered part of the principal building. Examples include, but are not
limited to, sheds, greenhouses detached garages, and gazebos.
ACCESSORY USE
means the use which, in the opinion of the Development Officer, is
subordinate or incidental to the principal building or use located on
the same site or the purpose and intent of the Land Use District in
which the use is proposed.
ACCESSORY BUILDING -
FABRIC COVERED
means a building or structure that is related to, but is incidental or
subordinate to, the use of the principal building located on the same
parcel. An Accessory Building - Fabric Covered is designed by virtue of
easy assembly and dismantling, commercially constructed of metal or
synthetic tube and fabric, plastic or similar materials, and covered with
waterproof sheeting, synthetic sheeting or plastic film.
Village of Hussar Land Use Bylaw 563-24
P a g e | 4
ACCESSORY BUILDING -
SHIPPING CONTAINER
means where a shipping container is used to accommodate an
accessory use that is related to, but is incidental or subordinate to, the
principal use of the parcel.
ACT
means the Municipal Government Act, Revised Statues of Alberta
2000, Ch. M-26, as amended, and any parallel or successor legislation.
ADJACENT
means land that is contiguous to the parcel of land proposed for
development, subdivision or re-designation and includes land that
would be contiguous if not for a highway, street, road, river, or stream.
AGRICULTURAL SUPPLY
DEPOT
means a facility for the purpose of supplying goods, materials, and/or
services that support agricultural uses, whether retail, wholesale, or in
bulk. This shall include such goods and services as sale and storage of
seeds, feeds, fertilizers, chemical products, fuels, lubricants, parts or
the rental, sale, repair and servicing of farm machinery and equipment
but does not include the buying or selling of farm produce or animals.
AMUSEMENT CENTRE
means a facility or establishment that provides amusement,
entertainment, or games through the use of any coin or token
operated machine or device. The machine or device may be
mechanical, electrical, or electronic.
APPEAL BODY
means the board hearing a subdivision or development permit appeal
in accordance with the Act.
ART AND CRAFT STUDIOS
means development used for the purpose of small scale, on-site
production of goods by hand or manufacturing primarily involving the
use of hand tools. Typical uses include pottery, ceramic and sculpture
studios, jewelry and toy manufacturing and artist studios.
AUTO BODY AND PAINT
SHOP
means premises where the bodies, but not other parts, of motor
vehicles are repaired and where motor vehicle bodies and other metal
machine components or articles may be painted.
AUTOMOTIVE REPAIR
AND SERVICE
means a use for the servicing and repair of motor vehicles within a
building, excluding an auto body and paint shop, and includes such
facilities as alignment shops, muffler shops, transmission repair shops,
rustproofing, brake shops and other similar uses.
AUTOMOTIVE SALES
means a use where motor vehicles are sold or leased, where vehicles
are stored or displayed and may have a building for administrative
functions associated with the use.
AVERAGE GRADE
means the average elevation at the mid-point along the front parcel
line and the finished ground elevation at the rear of the building.
*See "Building Height" definition for diagram
Village of Hussar Land Use Bylaw 563-24
P a g e | 5
B
BALCONY
means a projecting platform on a building, which is enclosed by a
railing and is greater than 0.6 m above grade. It may be cantilevered
from the building or supported from below.
BAY
means a self-contained unit of part of a building, or of the whole
building, which can be sold or leased for individual occupancy.
BARELAND
CONDOMINIUM
means land that is situated within a parcel and is a unit in a bareland
condominium plan or a proposed bareland condominium plan.
BASEMENT
means that portion of a building or structure which is wholly or
partially below grade and has no more than 1.8 m of its clear height
above grade and lies below the finished level of the floor directly
above. A basement does not constitute a storey for the purpose of this
Bylaw.
BED AND BREAKFAST
means a principal dwelling where sleeping accommodation, with or
without light meals, is provided to members of the travelling public for
remuneration.
BUFFER
means a row of trees, shrubs, earth berm, or fencing to provide visual
screening and separation between sites and districts.
BUILDING
means a roofed structure with solid exterior walls and which is used or
intended to be used as a shelter for persons, animals, equipment, or
goods and services.
BUILDING HEIGHT
means the vertical distance measured from the average grade and the
highest point of a building, excluding a roof, stairway entrance,
elevator shaft, ventilating fan, skylight, steeple, chimney, smoke stack,
fire wall or parapet, flagpole, antenna structures or similar devices not
structurally essential to the building.
Village of Hussar Land Use Bylaw 563-24
P a g e | 6
Figure 1: Building Height
BUILDING PERMIT
means a permit or document issued in writing by a designated Safety
Code Officer within the building discipline pursuant to the Safety
Codes Act authorizing the commencement of a use, occupancy,
relocation, construction, or demolition of any building.
BUILDING SUPPLY CENTRE
means a commercial, retail store where building materials, household
accessories and other related goods are stored, offered, or kept for
sale and may include outside storage.
BULK FUEL STORAGE AND
DISTRIBUTION
means a development for the purpose of storing natural gas and
petroleum products for distribution to customers. Total water capacity
for storage of liquefied petroleum gases in above ground tanks must
exceed 7570 L (2000 U.S. gals).
BUS TERMINAL
means where transport vehicles load or unload passengers or goods.
Village of Hussar Land Use Bylaw 563-24
P a g e | 7
C
CAMPGROUND
means a recreational development for the purpose of providing short
term or occasional accommodation for recreational vehicles or tents. A
campground is not construed to mean a development for the purpose
of accommodating long term (e.g. longer than twenty-one (21)
consecutive days) permanent occupancy. The duration does not apply
to summer work crews utilizing the campground facilities.
CANNABIS RETAIL STORE
means a use where Cannabis is sold for consumption off the premises
and may include the retail sale or rental of merchandise. Cannabis
Retail Stores offer cannabis for sale from a federally approved and
licensed facility and has been licensed to operate by the Alberta
Government.
CANOPY
means a non-retractable solid projection extending from the wall of
the building intended to be used as a protection against weather,
other than normal architectural features such as lintels, sills,
mounding, architraves, and pediments, but includes the structure
known as the theatre marquee.
CAR WASH
means a facility for the washing, cleaning, or polishing of motor
vehicles. Processes whereby the exterior and upholstery of the
vehicles is treated to enhance and protect its cosmetic appearance
may also be carried out at such a facility. This process may include, but
is not limited to, undercoating, rustproofing, and protecting the paint
of the vehicle against rock chips.
CARE FACILITY
means a use where a public or private facility provides for the care,
supervision or rehabilitation of individuals, or for palliative and end-of-
life-care, containing overnight accommodation and operated in
accordance with any relevant legislation or regulations of the Province
of Alberta. Units within a care facility may, at the discretion of the
Development Authority, be considered both long-term care units or
dwelling units as these may be for permanent residences for the
occupants.
CEMETERY
means land that is set apart or land that is used for the burial of human
or animal remains. Typical uses are memorial parks and burial grounds.
CHILD CARE FACILITIES
means those facilities used for the supervision and care of children and
includes day care, kindergarten, and nursery schools.
CLINIC
means a public or private medical, surgical, physiotherapeutic, or other
human health clinic regularly staffed by practicing physicians, dentists,
chiropractors, massage therapists or other qualified medical
practitioners.
Village of Hussar Land Use Bylaw 563-24
P a g e | 8
COMMUNICATION
STRUCTURES OR
COMMUNICATION
TOWER
means a structure designed to support antennas for
telecommunications and broadcasting and may include television,
cellular phone, or wireless internet or radio signals. Communication
towers are regulated by Innovation, Science and Economic
Development however municipal consultation is required and
considerations respected.
COMMUNITY
RECREATIONAL FACILITY
means facility that is available to the public for sports and recreational
activities conducted indoors and/or outdoors. Typical uses include
indoor/outdoor swimming pools, hockey rinks, gymnasiums, sports
fields, outdoor tennis courts, unenclosed ice surfaces or rinks, athletic
fields, bowling greens, riding stables and fitness trails. These facilities
may be publicly or privately owned and/or operated.
CONDOMINIUM
means a condominium plan registered in a Land Titles Office that
complies with the requirement of the Alberta Condominium Property
Act.
CONVENIENCE STORE
means a use where a limited range of household goods and groceries
are stocked and sold in small neighbourhood retail stores. This does
not include a Cannabis Retail Store.
CORNER LOT
means a lot situated at the intersection of two or more roads, or at the
intersection of two parts of the same road which parts have an
intersection of not more than 135 degrees.
COUNCIL
means the duly elected Council of the Village of Hussar.
CULTURAL
ESTABLISHMENT
means a development which is available to the public for the purpose
of assembly, instruction, cultural or community activity and include
such things as a library, museum, art gallery, community halls and
similar activities. Religious institutions are not included in this
category.
D
DECK
means an open-sided platform adjoining a building and the height of
which is greater than 0.6 m (2 ft) from grade.
DENSITY
means a measure of development intensity expressed as a ratio of
either the number of dwelling units to lot area or number of people to
lot area.
Village of Hussar Land Use Bylaw 563-24
P a g e | 9
DEMOLITION
means the tearing down, wrecking, destroying, or removal of a
building and is deemed to be a form of development. This can include
a partial building demolition as well as reducing a building to its
foundation and rebuilding..
DESIGNATED OFFICER(S)
means a position established by bylaw whereby Council has delegated
powers, duties, and/or functions.
DEVELOPMENT
means:
a building or an addition to, or replacement or repair of a
building and the construction or placing in, on, over or under
land of any of them;
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
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.
DEVELOPMENT
AUTHORITY
means a person, or persons, appointed as the Development Authority
by Bylaw.
DEVELOPMENT
COMMENCEMENT
means the moment construction is started on site (e.g. excavation) or
the land use has begun for the purposes of the Development Permit
application.
DEVELOPMENT
COMPLETION
means the moment the required building and or Development Permit
conditions and requirements have been met for the purposes of the
Development Permit application and/or the final inspection reports
have been received (if required for the project).
DEVELOPMENT IMPACT
ASSESSMENT (DIA)
means a statement prepared by a professional with expertise in
environmental conditions on the effect a development proposal and
other major actions would significantly have on the environment.
DEVELOPMENT OFFICER
means a person, or persons, appointed as a Development Officer
pursuant to this Land Use Bylaw.
DEVELOPMENT PERMIT
means a document authorizing a development, issued by a
Development Officer, pursuant to this Bylaw, and includes the plans
and conditions of approval.
Village of Hussar Land Use Bylaw 563-24
P a g e | 10
DISCRETIONARY USE
means a use of land or of a building which is listed in the section
captioned "Discretionary Uses" within the applicable Land Use District
for which a Development Permit may be issued, with or without
conditions, by the Development Authority.
DRINKING
ESTABLISHMENT
means an establishment licensed by the Alberta Gaming, Liquor and
Cannabis where the principal function is the serving of alcoholic
beverages for on-site consumption.
DWELLING, ACCESSORY
RESIDENTIAL
means a self-contained residential dwelling unit that is subordinate to
and under one title with the principal commercial or industrial use, and
is located within the same building, either above, under or behind the
principal use but has a separate and distinct entrance to the building.
DWELLING, APARTMENT
means a use where a building designed for residential use contains
three (3) or more Dwelling Units with a shared or common entrance.
DWELLING, ATTACHED
HOUSING
means a use where a building designed for residential use consists of
three (3) or more Dwelling Units, each of which has an individual
entrance to the outdoors. This includes rowhouses, townhouses,
triplexes and fourplexes.
DWELLING, BACKYARD
SUITE
means a dwelling unit in a building that is detached from principal
dwelling, such as a detached garage suite or garden suite.
DWELLING, DUPLEX
means a building containing two dwelling units, one above the other or
side by side.
DWELLING,
MANUFACTURED
means a use where a transportable, single or multiple section building
conforming to CSA standards that contains a Dwelling Unit and when
placed on a permanent foundation is ready for residential use and
occupancy. A Manufactured Dwelling includes such styles known as
modular homes, manufactured homes and Ready to Move (RTM)
Homes.
Village of Hussar Land Use Bylaw 563-24
P a g e | 11
DWELLING, SECONDARY
SUITE
means a self-contained dwelling unit with a separate entrance from
the outside that is accessory to and located within a principal
dwelling unit and may be in the form of below grade development,
such as a basement suite, or above grade development such as
second floor suite, attached garage suite or other similar self-
contained dwelling unit within a principal dwelling unit.
DWELLING, SINGLE
DETACHED
means a building which contains only one principal dwelling unit and,
except as otherwise allowed in this Bylaw, is used for no other
purpose.
DWELLING UNIT
means a set or a suite or rooms operated as a house keeping unit, used
or intended to be used as a domicile which contains:
cooking,
sleeping,
sanitary facilities, and
has a separate entrance controlled by the person(s) occupying
the unit.
E
EASEMENT
means a right to use land generally for access to other property or as a
right-of-way for a public utility in accordance with the Land Titles Act.
EATING ESTABLISHMENT
means an establishment where food and beverages are prepared and
served on the premises for sale to the public and includes, but are not
limited to restaurants, delicatessens, cafeterias, bakeries, cafes, and
tea rooms.
Village of Hussar Land Use Bylaw 563-24
P a g e | 12
EQUIPMENT RENTAL
SHOP
means a development for the rental of tools, appliances, office
machines, light construction equipment or similar items but not the
rental of motor vehicles.
EXISTING
means existing as of the effective date of this Bylaw.
EXTENSIVE AGRICULTURE
means systems of tillage and animal husbandry through which one
may gain livelihood from large areas of land by the raising of crops or
the rearing of livestock, either separately or in conjunction with one
another in unified operations, and includes buildings and other
structures incidental to the operation.
F
FABRIC COVERED
BUILDING
means a metal or wood-framed, fabric-membrane pre-engineered
building for temporary or permanent industrial, commercial, and
agricultural applications including warehouses, equipment storage,
manufacturing facilities, barns, stables, arenas, and event centres.
FENCE
means a vertical physical barrier constructed out of typical building
material to prevent visual or unauthorized access or both.
FIRE SEPARATION
means a construction assembly that acts as a barrier against the
spread of fire and may be required to have a fire resistance rating.
FIRE WALL
means a type of fire separation of non-combustible construction which
subdivides a building or separates adjoining buildings to resist the
spread of fire, and which has a fire resistance rating. Fire wall
construction must meet all applicable building code requirements.
G
GAS BAR
means premises used or intended to be used for the sale of gasoline,
lubrication oils and associated automotive fluids only.
GRADE
means the geodetic elevation of the existing ground in an undisturbed
natural state or an approved design grade as described in a grading
plan.
GRAIN ELEVATOR AND
SEED CLEANING
means a building for elevating, storing, discharging, and sometimes
processing grain. The use may also include facilities for moving the
grain via a variety of transportation alternatives such as rail or trucks.
GROSS FLOOR AREA
means the total floor area of each floor of a building measured to the
outside of surface of the exterior walls or, where the buildings are
separated by fire walls, to the centre line of the common wall.
Village of Hussar Land Use Bylaw 563-24
P a g e | 13
H
HEAVY MANUFACTURING
means the manufacture of products where all or part of the processes
associated with the use are located outside of a building, and which
may generate a nuisance beyond the boundary of the parcel.
HOME OCCUPATION,
MAJOR
means an accessory use by a resident of a Dwelling Unit or Accessory
Building for small-scale business activities that does not adversely
affect the residential character of the property and may have limited
client visits to the property.
HOME OCCUPATION,
MINOR
means an accessory use by a resident of a Dwelling Unit for small-scale
business activities that are undetectable from outside the Dwelling
Unit and does not adversely affect the residential character of the
property, does not require the use of an Accessory Building, and may
have limited client visits to the property.
HOTEL or MOTEL
means a building used primarily for sleeping accommodation and
ancillary services provided in rooms, or suites of rooms, which may
contain bar and/or kitchen facilities. The building may also contain
commercial or other uses and may, or may not, offer such additional
services as eating and drinking establishments, meeting rooms,
personal service shops and managers suite/dwelling accommodation
or public convention facilities.
I
INTENSIVE VEGETATIVE
OPERATION
means a system for tillage for the concentrated raising of specialty
crops including, but not limited to tree farms, commercial
greenhouses, plant nurseries, sod farms, and similar uses.
K
KENNEL
means an establishment in which domestic animals are boarded
overnight for periods greater than 24 hours and where domestic
animals could also be housed for the purpose of breeding. This use
may also include facilities for the care, grooming of domestic animals.
L
LANDSCAPED AREA
means an area designed, constructed, and laid out so as to maintain,
change or modify the natural features of a site so as to make it
attractive and desirable by the use of grass, trees, shrubs, ornamental
planting, hedges, fencing and walks.
Village of Hussar Land Use Bylaw 563-24
P a g e | 14
LANDSCAPING
means the modification and enhancement of a site through the use of
any or all of the following elements:
soft landscaping consisting of vegetation such as trees,
shrubs, hedges, grass, and ground cover; or
hard landscaping consisting of non-vegetative materials such
as brick, stone, concrete, tile, and wood.
LANE
means a public thoroughfare usually less than 10 m (32.8 ft) wide
which provides a secondary means of access to a site or sites parcel or
parcels.
LIGHT MANUFACTURING
means the assembly or packaging of articles from previously prepared
materials but does not include uses which may be obnoxious by reason
of emission of odors, dust, noise, smoke, or vibrations.
LIQUOR STORE
means a use where alcoholic beverages are sold for consumption from
a retail outlet premises that has been licensed by the Alberta Gaming,
Liquor and Cannabis.
LOADING SPACE
means a space for parking a vehicle while being loaded or unloaded.
LOT
means a lot as defined in the Act, Part 17, Section 616, which is defined
as:
a quarter section,
a river lot shown on an official plan, as defined in the Surveys
Act, that is filed or lodged in a land titles office,
a settlement lot shown on an official plan, as defined in the
Surveys Act, that is filed or lodged in a land titles office,
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
a part of a parcel of land described in a certificate of title if
the boundaries of the part are described in a certificate of
title by reference to a plan of subdivision.
Also see the related definition for a Parcel.
M
MUNICIPALITY
means the Municipal Corporation of the Village of Hussar and where
the context requires, means the area of land contained within the
boundaries of the Municipality's corporate limits at the time of
adoption of this Bylaw, or as included by any subsequent annexation.
Village of Hussar Land Use Bylaw 563-24
P a g e | 15
MUNICIPAL PLANNING
COMMISSION (MPC)
means the Village of Hussar Municipal Planning Commission
established by Bylaw pursuant to the Act.
N
NATURAL RESOURCE
EXTRACTIVE INDUSTRIES
means industries engaged in the extraction of natural resources such
as timber, clay, sand, gravel, limestone, shale, coal, and other minerals
including petroleum and natural gas 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 of the resource being extracted.
NON-CONFORMING
BUILDING
means a building 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 that on
the date the Land Use Bylaw becomes effective does not, or when fully
constructed will not, comply with the Land Use Bylaw.
NON-CONFORMING USE
means a lawful, specific use 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 that on the date the Land Use Bylaw becomes effective does not,
or in the case of a building under construction will not, comply with
the Land Use Bylaw.
O
OCCUPANCY
means the utilization of a building or land for the use of which it was
approved.
OFFICES
means a facility for the provision of professional, management,
administrative, consulting, and financial services such as offices for
clerical, secretarial, employment, telephone answering and similar
office support services, offices of lawyers or accountants, banks or
other financial institutions, and offices for real estate and insurance
firms. Clinics are not included in this category.
P
PARAPET
means a low wall or railing to protect the edge of a roof.
PARCEL
means the aggregate of one or more lots described in a Certificate of
Title or by reference to a plan filed or registered in the Land Titles
Offices.
Village of Hussar Land Use Bylaw 563-24
P a g e | 16
PARCEL AREA
means the total area of land within the parcel.
PARCEL, CORNER
means a parcel situated at the intersection of two or more roads, or at
the intersection of two parts of the same road which parts have an
intersection of not more than 135 degrees.
PARCEL COVERAGE
means the percentage of the parcel area covered by the area of all
buildings including Accessory Buildings, and excludes balconies, bay
windows, canopies, shade projections, cornices, eaves and gutters,
roof overhangs, fire escapes, sills, stairways and landings, patios and
decks or similar projections.
PARCEL LINE
means a legal boundary line of a parcel.
PARCEL LINE, FRONT
means the shortest parcel line that abuts a road unless otherwise
determined by the Development Authority in accordance with this
Bylaw.
PARCEL LINE, EXTERIOR
SIDE
means a property line, other than the front parcel line, which abuts a
road.
PARCEL LINE, INTERIOR
SIDE
means a property line other than a front parcel line or rear parcel line,
which abuts another parcel or a lane.
PARCEL LINE, REAR
means the parcel line which is opposite to and is not connected to the
front parcel line, excepting in the case for a reverse corner lot where
the rear parcel line is opposite to the exterior side parcel line.
PARCEL WIDTH
means the average horizontal distance between two side parcel lines.
PARKING LOT
means an area of cleared land dedicated to the parking of vehicles, and
usually provided with a durable or semi-durable surface.
PATIO
means a platform, the height of which may be up to but does not
exceed 0.6 m (3 ft) from grade, that may or may not be attached to a
building.
PERMITTED USE
means the use of land or a building which is listed in the section
captioned "Permitted Uses" within the applicable Land Use District for
which a Development Permit shall be issued by the Development
Authority upon the development meeting all requirements of this
Bylaw. The Development Authority may impose such conditions
necessary to ensure compliance with the requirements of the Bylaw.
Village of Hussar Land Use Bylaw 563-24
P a g e | 17
PERSONAL SERVICE SHOP
means a development used for the provision of personal services to an
individual which are related to the care and appearance of the body or
the cleaning and repair of personal effects. This use class includes but
is not limited to such uses as photography studios, tailors, dry cleaning
establishments and hair and nail studios.
PET CARE SERVICES
means a use where small animals are washed, groomed, trained, or
boarded (day care) during the day, and may include the incidental sale
of products related to the services provided. This does not include the
overnight stay of pets.
PRINCIPAL BUILDING
means a building that, in the opinion of the Development Officer
occupies the major or the central portion of the site, is the main
building on the site and constitutes by reason of its use, the primary
purpose for which the site is used.
PRINCIPAL USE
means a use of a site or building which in the opinion of the
Development Authority constitutes the primary purpose for which the
site is used.
PROPERTY LINE
means the legal boundary of a parcel or lot.
PUBLIC BUILDING
means buildings and facilities owned or operated by, or for, the
Municipality, the Provincial Government, the Federal Government or a
corporation under federal or provincial statute for the purpose of
furnishing services or commodities to, or for the use of, the inhabitants
of the municipality.
PUBLIC UTILITY
means a system or works used to provide one or more of the following
for public consumption, benefit, convenience, or use:
waterworks;
sewage disposal;
public transportation operated by, or on behalf of, the
municipality;
irrigation;
drainage;
fuel;
electric power;
heat; and
waste management (excluding a Waste Transfer Station);
and includes the thing that is provided for public consumption, benefit,
convenience, or use.
Village of Hussar Land Use Bylaw 563-24
P a g e | 18
R
RECREATIONAL VEHICLE
means a portable structure designed and built to be carried on a
vehicle, or a unit designed and built to be transported on its own
wheels, to provide temporary living accommodation for travel and
recreational purpose and includes, but is not limited to, such vehicles
as a motor home, camper, holiday (travel) trailer and a tent trailer, but
does not include a mobile home. "Holiday trailer" or "travel trailer"
have a corresponding meaning.
REGULATION
means the Matters Related to Subdivision and Development
Regulation AR84/2022 as amended, and any parallel or successor
legislation.
RENEWABLE ENERGY
SYSTEM
means a system:
that produces electrical power or heat to be used for the on-
site consumption requirements by means such as, but not
limited to, active and passive solar collectors, photovoltaic
solar panels, geothermal energy or heat exchange systems;
that may be connected or disconnected from the electrical
grid in accordance with the requirements of the appropriate
authority; and
may provide residual power to the grid but is not intended to
produce power primarily for resale.
RETAIL STORE
means a building where goods, wares, merchandise, substances,
articles, or things are stored, offered, or kept for sale at retail prices
and includes storage on, or about, the store premises of limited
quantities of such goods, wares, merchandise, substances, articles, or
things sufficient to service such store but does not include any retail
outlet otherwise listed or defined in this Bylaw.
REVERSE CORNER LOT
means a residential corner lot where the front façade of the Dwelling
Unit is oriented towards the longest property line which abuts a road
which is considered the front parcel line. The exterior side parcel line
of a reversed corner lot is the shorter property line which abuts a road.
ROAD
means any public road, including the boulevards, sidewalks and
improvements, but excluding a lane, highway or private road.
S
SCREENING
means a fence, earth berm, or hedge used to visually separate
between parcels, districts or uses..
Village of Hussar Land Use Bylaw 563-24
P a g e | 19
SCHOOL
means a premise that involves public assembly for education, training,
or instruction purposes, and includes the administration offices
required for the provision of such services on the same site. This
includes but is not limited to a public school, a separate school, or a
technical school, their administrative offices and school bus parking.
This use may also include outdoor recreational uses typically
associated with an educational facility such as a track or outdoor
courts.
SETBACK
means the minimum distance between a building, structure, or use, or
from each of the respective parcel lines, or from a natural boundary or
other reference line.
SHIPPING CONTAINER
means a large metal container with suitable strength for the shipping,
storage and handling of goods. Shipping containers are also commonly
known as sea cans or intermodal containers.
SIGN
means anything that serves to indicate the presence or the existence
of something including, but not limited to, a lettered board, structure
or trademark displayed, erected, or otherwise developed and used, or
intending to identify, advertise or give direction.
SIGN, FASCIA
means a flat sign, plain or illuminated, running parallel for its whole
length to the face of the building to which it is attached.
SIGN, FREESTANDING
means a sign supported independently of a building, wall, or structure.
It is supported by one or more columns, uprights, or braces in, or upon,
grade.
SIGN, PROJECTING
means a sign which projects from a structure or a building face or wall.
SIGN, ROOF
means any sign erected upon, against or above a roof or a parapet of a
building.
SIGN, WINDOW
means any sign, either painted on, attached to, or placed inside a
window for the purpose of viewing from outside the premises.
Village of Hussar Land Use Bylaw 563-24
P a g e | 20
STORAGE YARD
means a use:
where goods, motor vehicles or equipment are stored when
they are not being used and may include long term storage
where a fee is paid;
where the vehicles and equipment stored may also be
serviced, cleaned or repaired;
that may involve the storage of construction materials; and
that does not involve the storage of any derelict vehicles or
derelict equipment;
that does not involve the production or sale of goods as part
of the use; and
that may have a building for the administrative functions
associated with the use.
STOREY
means the space between the top of any floor and the top of the next
floor above it, and if there is no floor above it, the portion between the
top of the floor and the ceiling above it.
STRUCTURE
means anything constructed or erected with a fixed location on the
ground or attached to something having a fixed location on the
ground.
SUBDIVISION
means the division of a parcel by an instrument and the word
"subdivide" has corresponding meaning.
T
TEMPORARY BUILDING
OR USE
means a proposed use or building where the intent is to operate the
use or structure for a specified period of time, not to exceed one (1)
year, unless otherwise approved by the Development Authority in
consideration of a use or building that is temporary but has longer
term requirements due to the specific use or project.
TRADESMAN'S SHOP
means an establishment for the operation of a trade including, but not
limited to, a painter, electrician, upholsterer, printer, and appliance
repair shop but does not include establishments which may be
obnoxious by reason of emission of odours, dust, smoke, noise, or
vibration.
U
Village of Hussar Land Use Bylaw 563-24
P a g e | 21
USE, CHANGE OF
means the conversion of land or a building, or portion thereof, from
one land use activity to another in accordance with the permitted or
discretionary use as listed in each Land Use District.
V
VETERINARY CLINIC
means a facility for the medical care and treatment of animals, and
includes provision for the overnight accommodation. The use of the
facility for overnight boarding shall be limited to short time boarding
while the animals are awaiting treatment or are recovering from
treatment and shall be incidental to the hospital use.
VILLAGE
means the Village of Hussar in the Province of Alberta.
W
WAREHOUSE or
WAREHOUSING
means the use of a building for the storage of materials, products,
goods, or merchandise.
WASTE TRANSFER
STATION
means a use where solid waste materials are received from collection
vehicles and consolidated into larger vehicles for transport to the
landfill.
WORSHIP FACILITY
means any facility used for the purpose of spiritual worship. Examples
may be, but are not limited to, churches, temples, mosques, and
synagogues.
Y
YARD
means any open space on a parcel, unoccupied and unobstructed and
is the distance between the property line to the foundation of the
principal building or the exterior finishing materials of an Accessory
Building.
YARD, EXTERIOR SIDE
means the area of a parcel extending from the front foundation of the
principal building to the rear foundation of the principal building and
between the side foundation of the principal building to the exterior
side parcel line.
YARD, FRONT
means the area of a parcel extending across the full width of the parcel
between the front parcel line and the front foundation of the principal
building.
Village of Hussar Land Use Bylaw 563-24
P a g e | 22
YARD, INTERIOR SIDE
means the area of a parcel extending from the front foundation of the
principal building to the rear foundation of the principal building and
between the side foundation of the principal building to the interior
side parcel line.
YARD, REAR
means the area of a parcel extending across the full width of the parcel
between the rear parcel line and the rear foundation of the principal
building
Village of Hussar Land Use Bylaw 563-24
P a g e | 23
Part 3 Administrative
Agencies
3 ADMINISTRATIVE AGENCIES
3.1
DEVELOPMENT AUTHORITY - ESTABLISHMENT
The Development Authority shall exercise development powers and perform duties on behalf
of the Municipality in accordance with Part 17, Division 3 of the Act and may include:
Development Officer:
The office of the Development Officer is hereby established to act on behalf of Council in those
matters delegated by this Bylaw and in such matters as it may instruct from time to time.
Municipal Planning Commission:
The Municipal Planning Commission, established by Bylaw in accordance with the Act, shall
perform such duties as are specified in this Bylaw.
Council
Where the context of this Bylaw permits in Direct Control Districts.
3.2
SUBDIVISION AUTHORITY:
The Subdivision Authority, as established by Bylaw, shall perform duties on behalf of the
Municipality in accordance with the Municipal Government Act, the Land Use Bylaw, and all
relevant Village of Hussar planning documents.
3.3
DEVELOPMENT AUTHORITY - POWERS AND DUTIES
The Development Authority must administer this Bylaw and decide upon all Development
Permit applications.
The types of Development Permit applications a Development Authority may consider are
Development Permits for:
a permitted use that complies with all requirements of this Bylaw;
a permitted use that does not comply with all requirements of this Bylaw;
a discretionary use that complies with all requirements of this Bylaw; or
a discretionary use that does not comply with all requirements of this Bylaw.
Village of Hussar Land Use Bylaw 563-24
P a g e | 24
The Development Authority must refuse to accept a development permit application where
the prescribed fee has not been paid.
The Development Authority may refuse to accept a Development Permit application where:
the information required in Section 4.3 of this Bylaw is not provided; or
the quality of the information provided is inadequate to properly evaluate the
application.
The Development Authority must make available for inspection, during office hours, all
applications and decisions for development permits, subject to any legislation in force
restricting availability.
The Development Authority must issue the following notices and acknowledgements on
development permit applications:
notice of complete application;
notice of incomplete application;
notice of decision;
notice of refusal/deemed refusal of an application.
The Development Officer shall:
receive, consider and decide upon applications for a development permit for those
uses listed as a permitted use for the relevant Land Use District and comply with the
minimum standards for that district;
receive, consider and decide upon applications for Accessory Buildings;
receive, consider and decide upon applications for a development permit for those
uses listed as a permitted use for the relevant Land Use District which requires a
relaxation of any measurable standard up to a maximum of 20% of that requirement;
refer, at his or her discretion, a development permit application for comment to
those authorities (provincial and regional) where interest or jurisdiction may be
affected; and
receive and refer, with his or her recommendations to the Municipal Planning
Commission for its consideration and decision, applications for a development permit
for those uses which have been assigned to it for its consideration and decision; and
collect fees according to the schedule approved by resolution of Council.
The Municipal Planning Commission shall:
decide on applications for development permits for those uses listed as discretionary
uses (except for Accessory Buildings);
the relocation of buildings, as described in Section 7.14;
Village of Hussar Land Use Bylaw 563-24
P a g e | 25
similar uses as described in subsection 4.6.6;
those uses listed as a permitted use and requires a relaxation of any measurable
standard 20% or greater of that requirement.
3.4
SUBDIVISION AUTHORITY - POWERS AND DUTIES
The Subdivision Authority shall:
keep and maintain for the inspection of the public, copies of all decisions and ensure
that copies of same are available to the public;
keep a register of all applications for subdivision, including the decisions therein and
the reasons therefore;
receive all applications for subdivision including the required application fees and
decide upon all applications in accordance with the Regulation and Land Use Bylaw
with consideration of all comments received through circulation;
issue the following notices and acknowledgement on subdivision applications:
(i)
notice of complete application;
(ii)
notice of incomplete application;
(iii)
notice of decision; and
(iv)
notice of refusal/deemed refusal of an application;
excepting subdivision applications not requiring circulation under the Act, to circulate
applications for subdivision for comments to those authorities and agencies as
prescribed within the Regulation and this Land Use Bylaw;
excepting subdivision applications not requiring circulation under the Act, to circulate
applications for subdivision for comments to Wheatland County when the original
parcel boundaries are adjacent to the municipal boundary or where an inter-
municipal development plan, such as the Village of Hussar & Wheatland County
Intermunicipal Development Plan (Bylaw No. 525-20) requires or, at the discretion of
the Subdivision Authority, where a subdivision application is not adjacent to the
municipal boundary but has potential for land use impacts within Wheatland County;
prepare, sign and transmit all notices of decision to the relevant agencies in
accordance with the Regulation;
ensure all conditions are complied with prior to endorsement to the satisfaction of
the municipality;
endorse Land Titles instruments to effect the registration of the subdivision of land;
advise the Council and Municipal Planning Commission on matters relating to the
subdivision of land; and
Village of Hussar Land Use Bylaw 563-24
P a g e | 26
appear before the Intermunicipal Subdivision and Development Appeal Board or
Land and Property Rights Tribunal where appeals are made on subdivision application
decisions.
Village of Hussar Land Use Bylaw 563-24
P a g e | 27
Part 4 Development
Approvals
4 DEVELOPMENT APPLICATION AND APPROVAL PROCESS
4.1
DEVELOPMENT PERMITS REQUIRED
No development other than those designated in Section 4.2 below shall be undertaken within
the Municipality unless an application for it has been approved and a Development Permit has
been issued.
4.2
DEVELOPMENT PERMITS NOT REQUIRED
This section does not negate the requirement of an applicant to obtain all required permits, as
applicable, under the Safety Codes Act or any other provincial or federal statute.
The following developments shall not require a development permit:
any use or development exempted under section 618(1) of the Act;
any use or development exempted by the Lieutenant Governor in Council pursuant to
Section 618(4) of the Act;
the completion and use of a building which was lawfully under construction at the
date this Bylaw came into effect provided the building is completed in accordance
with the terms and conditions of any development permit granted;
the completion of a building that did not require a development permit under the
previous land use bylaw which was lawfully under construction provided the building
is completed within twelve (12) months from the date this Bylaw came into effect;
an official notice, sign, placard or bulletin required to be displayed pursuant of
federal, provincial or municipal legislation; and
the use of a building or part thereof for a federal, provincial or municipal election,
referendum or plebiscite.
A Development Permit is not required in respect of the following developments, but such
developments shall comply with all relevant provisions of this Bylaw:
works of maintenance, repair, or alternation, on a structure or a building, both
internal and external, if in the opinion the Development Officer, such work:
(i)
does not include structural alterations; and
Village of Hussar Land Use Bylaw 563-24
P a g e | 28
(ii)
does not change the use or intensity of the use of the structure.
the temporary placement, erection or installation of machinery or a building needed
in connection with construction of a development for which a Development Permit
has been issued, for the period of the construction;
the construction and maintenance of that part of a public utility placed in or upon a
road or easement;
the use by the Municipality of land which the Municipality is the legal or equitable
owner for a purpose approved by a simple majority vote of Council in connection
with any public building, facility or installation by the Municipality;
Signs;
the construction, maintenance and repair of private walkways, private pathways,
private driveways and similar works;
the construction or installation of public roadways, walkway, utilities or grading of
the site or removal, or stockpiling of soil, when a development agreement has been
signed as a condition of subdivision approval;
Communication Structures;
the erection, construction or replacement of one (1) Accessory Building per parcel,
which does not exceed 13.5 m2 (145 ft2) in gross floor area and 2.5 m (8.2 ft) in
height when listed as a permitted use within a residential district;
the erection or construction or maintenance of fences, gates, walls or other means of
enclosure less than 1.2 m (4 ft) in height in a front yard and less than 2 m (6.56 ft) in
height in a side or rear yard;
demolition of a building; and
renewable energy systems.
4.3
APPLICATION REQUIREMENTS
An application for a Development Permit shall be submitted in writing using the prescribed
form, accompanied by prescribed development permit fee and application submission
requirements, including:
authorization of the registered landowner;
a site plan, drawn to scale, showing the following:
(i)
legal description and north arrow;
(ii)
area and dimensions of the parcel boundaries including the required front,
rear and side yards if any;
(iii)
existing and proposed easements and rights-of-ways, including dimensions
Village of Hussar Land Use Bylaw 563-24
P a g e | 29
and type of easements, if applicable;
(iv)
the location and dimensions of all existing and proposed buildings,
structures, or uses on the parcel and the measured distance to property
line;
(v)
existing and proposed road and lanes that provide access and egress to and
from the development;
(vi)
any provision for off-street parking stalls and loading stalls;
statement or site plan of existing and proposed public Utility services (i.e. on-site or
municipal)
the estimated commencement and completion dates;
the presence of abandoned oil and gas wells.
In addition to the information required under Section 4.3.1, the Development Authority may
also require additional information in order to assess the conforming of a proposed
development with this Bylaw. Such information may include, but it not limited to:
current copy of certificate of title, and copies of any restricted covenants, utility
rights-of-way, easements or Village of Hussar caveats registered on title;
floor plans, elevations and section drawings;
written rationale supporting any requested variances;
samples or representations of exterior building materials and colors;
stormwater management, grading or landscaping plans, prepared by a qualified
professional;
in the case of the placement of an already constructed or partially constructed
building to be relocated to the parcel, information relating to the age and condition
of the building;
garbage and storage areas and the fencing and screening proposed for same; and
a development impact assessment statement prepared by a qualified professional
clearly describing how the potential impacts of the proposed development on
adjacent lands will be dealt with and how the proposed facilities have been designed
to minimize such disturbances.
Notwithstanding 4.3.1 and 4.3.2, the Development Officer may require additional information
or plans, reports and specifications as may be required to adequately render a decision on the
application.
4.4
NOTICE OF COMPLETE OR INCOMPLETE APPLICATION
Within the timeframe specified within the Act, a notice of complete application or incomplete
Village of Hussar Land Use Bylaw 563-24
P a g e | 30
application shall be issued to the applicant on the form created by the Development Authority
and sent by email where consent has been granted by the applicant, otherwise it shall be sent
by mail.
4.5
DEVELOPMENT PERMIT APPLICATION REFERRALS
Upon issuing a notice of complete application, a development permit application may be
referred for comment to any department, agency (provincial and regional) or adjacent
municipality whose intent or jurisdiction may be affected.
The referral shall indicate the location and nature of the development proposal, the time and
date a decision will be rendered on the application, copies of relevant drawings, contact
information and a final date to submit comments.
Having received a reply on a matter referred to any person, municipality, agency or authority,
the Development Authority shall make a decision on the application giving due consideration
to the comments received.
After the time period identified in the referral notice from the date of the referral, the
application may be dealt with by the Development Authority whether or not comments have
been received.
4.6
DECIDING ON A DEVELOPMENT PERMIT APPLICATION
Where a development permit application is for a permitted use in a building or on a parcel and
the proposed development conforms to all the applicable requirements and rules of this
Bylaw, the Development Authority must approve the application and issue the development
permit. The Development Authority may impose such conditions as required to ensure
compliance with this Bylaw.
Where a development permit application is for a permitted use in a building or on a parcel and
the proposed development does not conform to all of the applicable requirements and rules of
this Bylaw, the Development Authority may:
refuse to approve the development permit application; or
approve the development permit application; and may:
(i)
grant a relaxation of the requirement or regulation to which the proposed
use does not conform; or
(ii)
impose such conditions as required to ensure compliance with this Bylaw.
When making a decision on a Development Permit application for a Discretionary Use, the
Development Authority must take into account:
any plans and policies affecting the parcel;
the purpose statements in the applicable Land Use District;
Village of Hussar Land Use Bylaw 563-24
P a g e | 31
the appropriateness of the location and parcel for the proposed development;
the compatibility and impact of the proposed development with respect to adjacent
development and the neighbourhood;
the merits of the proposed development;
utility and servicing requirements;
access and transportation requirements;
vehicle and pedestrian circulation within the parcel; and
sound planning principles.
The Development Authority may approve an application where the proposed development
does not comply with the minimum or maximum requirements of any district in this Bylaw if,
in the opinion of the Development Authority, the proposed development would not unduly
interfere with the amenities of the neighbourhood, materially interfere with, or affect the use,
enjoyment or value of the neighboring properties and the proposed development conforms
with a use prescribed by this Bylaw for that land or building..
The Development Authority may refuse a Development Permit application for a discretionary
use even though it meets the requirements and rules of this Bylaw.
In the case where a proposed specific use of land or a building is not provided for in any Land
Use District in the Bylaw, the Municipal Planning Commission may determine such a use is
similar in character and purpose to another use of land or building that is included in the list of
Permitted or Discretionary Uses prescribed for that Land Use District.
The Development Authority must refuse a development permit application when the proposed
development:
is for a use that is not listed as either a permitted use or a discretionary use in the
land use district; or
is for a use containing a restriction in its definition that is not met by the proposed
use.
If a Development Permit application is refused, the Development Officer need not accept
another application for the same or similar use on the same parcel for twelve (12) months
after the refusal.
4.7
DEVELOPMENT PERMITS AND NOTICE OF DECISION
A development permit issued for a permitted use in compliance with the standards of this
Bylaw, or a development permit issued by Council pursuant to a direct control district comes
into effect on the date the decision is made.
When a Development Permit is approved for a discretionary use or for a permitted use in
which a variance is granted, the Development Authority shall:
Village of Hussar Land Use Bylaw 563-24
P a g e | 32
provide a notice of decision to the applicant of the approval;
immediately mail a notice in writing to all owners of adjacent land; and
issue a development permit after the appeal period has expired, pursuant to section
5.2.
A Development Permit issued pursuant to section 4.7.2 does not come into effect until twenty-
one (21) days after the date the notice is mailed to all owners of adjacent land. Any
development proceeded with by the applicant prior to the expiry of this appeal period is done
solely at the risk of the applicant.
The notices indicated in section 4.7.2 must state:
the legal description and the street address of the parcel of the proposed
development;
the uses proposed for the subject development;
any discretion that was granted in the approval of the development, whether by use
or by interpretation of this Bylaw, and any variation or relaxation in regulation that
was made by the Development Authority when the development was approved; and
how an appeal may be made to the appeal body and the deadline for such appeal.
Where an appeal is made pursuant to Part 5.1 of this Bylaw, a Development Permit which has
been granted shall not come into effect until the appeal has been determined.
When the Development Authority refuses an application for a Development Permit, the
decision shall be issued to the applicant and shall contain reasons for the refusal.
If after the issuance of a Development Permit it becomes known to the Development Authority
that:
the application for a Development Permit contains a misrepresentation;
relevant facts which should have been disclosed at the time of consideration of the
application for the Development Permit were not mentioned;
the Development Permit was issued in error; or
the applicant requests, by way of written notice to the Development Authority, the
cancellation of the Development Permit, provided that commencement of the use,
development or construction has not occurred;
the Development Permit may be suspended or cancelled by notice in writing, issued by the
Development Authority to the applicant at the address given in the Development Permit
application. Upon receipt of the written notice of suspension or cancellation, the applicant
must cease all development and activities to which the Development Permit relates.
Village of Hussar Land Use Bylaw 563-24
P a g e | 33
4.8
CONDITIONS OF APPROVAL
The Development Authority may, as a condition of issuing a development permit for a
permitted use or discretionary use, require the applicant to make satisfactory arrangements
for the supply of utilities including but not limited to natural gas, cable, electric power, water,
sewer service, or any one or more of them including the payment of the cost of installation of
construction of any such utility or facility by the applicant.
The Development Authority may, as a condition of issuing a development permit for a
permitted or discretionary use, require the applicant enter into an agreement with the Village
of Hussar to any or all of the following:
to construct or pay for the construction of a road required to give access to the
development;
to construct or pay for the construction of:
(i)
a pedestrian walkway system to serve the development, or
(ii)
pedestrian walkways to connect the pedestrian walkway system serving the
development with a pedestrian walkway system that serves or is proposed to
serve an adjacent development, or both;
to install or pay for the installation of a public utility that is necessary to serve the
development, whether or not the public utility is, or will be, located on the land that
is the subject of the development;
to construct or pay for the construction of:
(i)
off-street or other parking facilities, and
(ii)
loading and unloading facilities;
to pay an off-site levy or redevelopment levy imposed by bylaw; and
to give security to ensure that the terms of the agreement under this section are
carried out.
The Village of Hussar may register a caveat pursuant to the provisions of the Act and the Land
Titles Act in respect of an agreement under section 4.8.2 against the certificate of title for the
land that is subject of the development. Said caveat shall be discharged when the agreement
has been complied with.
The Development Authority, with respect to a Discretionary Use, may impose such conditions
as deemed appropriate, having regard to the regulations of this Bylaw and the provisions of
any statutory plan including, but not limited to, the following conditions:
limiting hours of operation;
limiting number of patrons;
establishing landscaping requirements;
Village of Hussar Land Use Bylaw 563-24
P a g e | 34
requiring noise attenuation;
requiring special provisions be made for parking;
regarding the location, character and appearance of a building;
regarding the grading of a site or such other procedures as is necessary to protect the
site from other developments or to protect other developments from the site;
regarding the phasing of development;
establishing the maximum density of dwelling units;
establishing the period of time during which a development may continue; and
ensuring the development is compatible with surrounding development.
4.9
DEVELOPMENT PERMIT COMMENCEMENT AND COMPLETION
If the development authorized by a permit is not commenced within twelve (12) months from
the date of its issue, the permit is deemed to be void, unless an extension to this period is
submitted in writing by the applicant and granted by the Development Authority. The
extension request must provide the reasons for the request.
If the development authorized by a development permit is not completed within two (2) years
of the date of issue or as otherwise specified within a development permit, the development
permit is deemed to be void, unless an extension request for the time period is submitted in
writing by the applicant and granted by the Development Authority. The extension request
must provide the reason for the request.
For the purposes of this Bylaw, commencement includes excavation, but does not include
fencing, or demolition on the parcel, or obtaining permits.
The approval or issuance of a development permit does not authorize commencement of
construction except in conjunction with all other required permits and conditions of the
development permit.
Village of Hussar Land Use Bylaw 563-24
P a g e | 35
Part 5 Appeals
5 APPEALS
5.1
SUBDIVISION APPEALS
An appeal with respect to a decision on a subdivision application is governed by the Act and
the Regulation.
5.2
DEVELOPMENT APPEALS
An appeal with respect to a decision on a development permit application is governed by the
Act.
Where the Development Authority:
refuses or fails to render a decision on an application for a development permit; or
approves an application for a development; or
issues an order under this Bylaw;
the person applying for the permit or affected by the order, or any other affected person, as the
case may be, may appeal to the appeal body within the dates outlined in the Act.
Village of Hussar Land Use Bylaw 563-24
P a g e | 36
Part 6 Enforcing and
Amending the Land Use
Bylaw
6 ENFORCING AND AMENDING THE LAND USE BYLAW
6.1
COMPLIANCE WITH OTHER BYLAWS AND REGULATIONS
Compliance with the requirements of this Bylaw or the issuance of a Development Permit or
an approval of a subdivision pursuant to the Bylaw does not afford relief from compliance with
the Act or other Federal or Provincial Government legislation or other Bylaws and regulations
affecting the development or subdivision. It is the applicant's responsibility to ensure that all
required permits, including any building permits required under Safety Codes Act, licenses and
authorizations from affected authorities are in place prior to the commencement of the
development.
In addition to 6.1.1, the applicant is also responsible for complying with the conditions of any
caveat, covenant, easement or instrument affecting a building or land.
The Village of Hussar is not responsible nor does the Village of Hussar have any obligation
whatsoever to determine what other legislation may apply to a development, nor to monitor
or enforce compliance with such legislation.
6.2
RIGHT OF ENTRY AND INSPECTION
Pursuant to the Act, a Designated Officer may only enter land or a building for the purposes of
ensuring compliance with the Act and the Regulation, or this Bylaw if:
the owner or person in possession of it gives his consent to the entry; or
the entry is authorized by an Order of the Court of King's Bench; and
only for the purpose of ensuring compliance with the Act and the Regulation, or this
Bylaw.
6.3
OFFENCES
Any owner, lessee or occupant of land or a building, or the owner of a structure or a Sign
thereon, who with respect to such land, building, structure or Sign, contravenes, causes, or
allows a contravention of any provision of the Bylaw commits an offense.
Village of Hussar Land Use Bylaw 563-24
P a g e | 37
Any person who commences or continues development for which a development permit is
required but has not been issued, has expired, has been revoked or suspended, or which is in
contravention of a condition of a development permit under the Bylaw commits an offense.
Any person who prevents or obstructs the Development Authority or a Designated Officer
from carrying out any official duty under the Bylaw or the Act commits an offense.
A Designated Officer may enforce the provisions of the Bylaw, or the conditions of a
development permit pursuant to the Act.
Nothing in this Bylaw diminishes or in any way affects the rights of the Village of Hussar
pursuant to the Act, or at common law to seek an entry order, order for compliance, injunction
or any other order to obtain compliance with this Bylaw.
6.4
ORDERS
Pursuant to Section 645 of the Act where an offense under the Bylaw occurs, the Development
Officer may by written notice, order the owner or the person in possession of the land or
buildings, or the person responsible for the contravention to:
stop the development or use of the land or buildings in whole or in part as directed
by the notice; or
demolish, remove or replace the development; or
carry out any other actions required by the notice so that the development or use
complies with the Bylaw.
A person who receives an order referred to in Subsection 8.3.1 above may appeal to the
Appeal Body in accordance with Part 5 - Appeals of this Bylaw.
Where the Council or a person appointed by it carries out an order the Council shall cause the
costs and expenses incurred in carrying out the order to be added to the tax roll of the parcel
of land and the amount:
is deemed for all purposes to be a tax imposed under the Act from the date it was
added to the tax roll; and
it forms a special lien against the parcel of land in favour of the Municipality from the
date it was added to the tax roll.
6.5
AMENDMENTS TO THE LAND USE BYLAW
Any person may apply to have this Bylaw amended.
The Council may initiate amendments by its own resolution.
All applications for amendments of this Bylaw shall be made using the approved form,
accompanied by:
the prescribed application fee;
Village of Hussar Land Use Bylaw 563-24
P a g e | 38
a statement of the applicant's interest in the land;
any required drawings, plans or maps; and
any documents as required.
All amendments to this Bylaw shall be made by Council by Bylaw in conformity with the Act
and the Regulations.
The Council in considering an application for an amendment to this Land Use Bylaw shall refer
a copy of the proposed amendment to:
Palliser Regional Municipal Services;
Wheatland County, if the proposed amendment affects land on a boundary with
Wheatland County, or may otherwise have an effect within Wheatland County, as per
the Village of Hussar & Wheatland County Intermunicipal Development Plan (Bylaw
No. 525-20); and
such other persons or agencies as it considers necessary for comment.
If an application for an amendment to this Bylaw has been refused by Council, then Council
need not accept an application for an amendment for the same use on the same parcel for a
period of twelve (12) months from the date of refusal.
Village of Hussar Land Use Bylaw 563-24
P a g e | 39
Part 7 General Land Use
Regulations
7 GENERAL LAND USE REGULATIONS
7.1
APPLICABILITY
These regulations within Section 7 General Land Use Regulations, shall apply to all
developments within the Village of Hussar, unless otherwise exempted.
Where any regulation in this section may be in conflict with any regulation of a given Land Use
District in Section 8, the regulation in the District shall take precedence.
7.2
YARD SETBACKS AND PERMITTED PROJECTIONS
The minimum required yards do not apply to:
exterior finishing materials applied to principal buildings provided the material does
not project more than ten (10) centimeters into any yard;
construction wholly beneath the surface of the ground;
patios, fences, retaining walls and landscaping;
driveways, parking stalls and sidewalks.
The following building projections into or over a required yard setback shall not require a
variance.
Front Yards:
Eaves, balconies, bay windows, canopies, chimneys, unenclosed decks, fire escapes
and stairways and landings may project a maximum of 0.6 m (2 ft) over or onto a
required front yard.
Side Yards:
Eaves, balconies, bay window, canopies, chimneys unenclosed decks, fire escapes
may project a maximum of 0.6 m (2 ft) over or onto a required side yard.
Rear Yards:
Eaves, balconies, bay windows, canopies, chimneys, unenclosed decks, fire escapes
and stairways and landings may project a maximum of 2 m (6.6 ft) over or onto a
required rear yard.
Village of Hussar Land Use Bylaw 563-24
P a g e | 40
In addition to those features listed in Section 7.2.2, a projection into any required yard may be
allowed for a building cantilever, provided the feature does not encroach more than 0.6m (2ft)
into any yard and the projecting façade does not exceed:
30% to a maximum of 3.6 m (12 ft) in width, whichever is greater, of the exterior
surface wall area exposed to the yard in which the feature is located for internal
sites; or
40% to a maximum of 4.5 m (14.7 ft) in width, whichever is greater, of the exterior
surface wall area exposed to the yard facing a street and in which the feature is
located.
7.3
UTILITIES
A development shall not be permitted if the development is not served by the public sewer or
at the discretion of the Development Authority, a provincially approved private system.
7.4
PARKING AND LOADING FACILITIES
Parking and loading spaces shall be calculated on the basis of gross floor area, the number of
dwelling units or other unit as noted in this section.
Unless otherwise stated, the required number of spaces shall be rounded up to the next whole
number when a fractional number of 0.5 or greater occurs and rounded down when a
fractional number of 0.49 or less occurs.
Where eating and drinking establishments are proposed, the gross floor area, excluding food
and beverage preparation, washroom and storage areas shall be used for purposes of
calculating parking requirements.
Parking spaces shall be provided on site in accordance with the following table:
Use of Building
Minimum Parking Spaces
Financial Institution
1 space/37 m2 (398.2 ft2)
Building Supply Centre/ Lumber Yards
5 space/ha (2 space/ac) of site plus 1 space/37 m2
(398.2 ft2)
Child Care Facility, Pet Care Services
1 space/employee plus 1 space for owner's
vehicle
Drinking Establishment, Eating Establishment
1 space/7 m2 (75.3 ft2) - See 7.4.3
Dwelling, Accessory Residential
Dwelling, Secondary Suite
Dwelling, Backyard Suite
1 additional parking stall per Dwelling Unit
Village of Hussar Land Use Bylaw 563-24
P a g e | 41
Hotel/ Motel
1 space /sleeping unit plus 1 space/employee
Intensive Vegetative Operation
1 space/ 30 m2 (322.9 ft2)
Clinic
1 space/37 m2 (398.2 ft2)
Manufacturing, Light and Heavy
1 space/56 m2 (602.7 ft2)
Office
1 space/37 m2 (398.2 ft2)
Public Buildings
1 space/28 m2 (301.3 ft2) plus 1 space/employee
Recreation Facilities
Recreation Facilities with Seating
1 space/37 m2 (398.2 ft2)
1 space/5 seats
Worship Facilities
1 space/8 patrons
Dwellings
1 space/dwelling unit
Bed and Breakfast
1 space /guest bedroom
Retail Stores
1 space/37 m2 (398.2 ft2)
Schools-Elementary
Junior High
Senior High
1 space/class
4 spaces/class
8 spaces/class
Care Facility
1 space/46 m2 (495.1 ft2)
Automotive Repair and Service
1 space/46 m2 (496.1 ft2) plus 3 spaces/repair bay
Warehouse
1 space/93 m2 (1,001 ft2)
A loading space shall have an area of not less than 28 m2 (301.3 ft2), 3.5 (11.4 ft) in width, and
3.5 m (11.4 ft) overhead clearance.
When a building is enlarged, altered or a change in the use occurs in such a manner as to cause
a more intensive use of that building, provision shall be made for the additional parking spaces
required under the parking provisions of this By-law. The calculation shall be based on the
number of additional parking spaces required as a result of the enlargement, alterations or
change in the use of the building.
Adequate curbs or concrete bumpers or fences shall be provided to the satisfaction of the
Development Officer.
Parking spaces shall not be less than 2.5 m (8.2 ft) in width, and 6 m (19.6 ft) in length.
Parking spaces shall be designed and provided in accordance with the following table.
Village of Hussar Land Use Bylaw 563-24
P a g e | 42
WIDTH OF STALL
m (ft)
ANGLE OF
PARKING, DEG
WIDTH OF AISLE
m (ft)
DEPTH OF STALL
PERPENDICULAR TO
AISLE m (ft)
2.5 (8.2)
30
3.5 (11.48)
5.1 (16.73)
2.5 (8.2)
45
3.5 (11.48)
6.0 (19.66)
2.5 (8.2)
60
5 (16.4)
6.4 (20.9)
7.5
ACCESSORY BUILDINGS
Accessory buildings must be secondary and subordinate to the principal building or principal
use on the same parcel.
When an accessory building is to be attached to the principal building by a roof, a floor or a
foundation it shall be deemed to be part of the principal building.
An accessory building shall not be used as a dwelling unit unless otherwise approved in
accordance with this Bylaw.
No side yard may be required for an accessory building provided that, to the satisfaction of the
Development Authority:
the wall of the structure nearest the property line is a fire rated wall, the exterior
finish of the wall does not require maintenance and there will not be any eave
overhang and footing or foundation encroachment onto the adjoining property; and
all roof drainage is directed by means of eaves, troughs, drain spouts, or such other
suitable means, onto the property where the accessory building is located.
For parcels that abut a lane, no rear yard may be required for an accessory building provided
that, to the satisfaction of the Development Authority, the requirements of section 7.5.4 (a)
and (b) are met.
Accessory Buildings - Fabric Covered shall adhere to the following requirements:
shall not exceed 20.4 m2 (219.5 ft2) in floor area within residential districts;
shall be a minimum 3 m (9.8 ft) from flammable material (e.g. fire pits or other open
flame accessories) and vegetation;
shall be kept in good condition and the fabric not frayed or damaged; and
shall not be used in a manner to cause or create a nuisance by way of noise,
vibration, or dust to impact the enjoyment of adjacent residential uses or the
amenities of the neighbourhood.
The Development Authority may require the exterior surface of an Accessory Building -
Village of Hussar Land Use Bylaw 563-24
P a g e | 43
Shipping Container be finished, or screened from public view, to the satisfaction of the
Development Authority.
An Accessory Building - Shipping Container shall not be used as a sign.
7.6
FENCING
In residential districts or a parcel with a residential use as the principal use, the maximum
height above grade of a fence located within a yard shall be in accordance with the following:
Refer to 7.7.3
Yard
Maximum height from grade:
Rear yard and Interior Side
Yard
2 m (6.5 ft)
Front yard
1.2 m (3.9 ft)
Exterior Side yard
1.2 m (3.9 ft)
On corner lots within the corner visibility setback, which lies within a triangle formed by a
straight line drawn between two points on the parcel lines 4 m (13.1 ft) from the point where
they intersect, as indicated on the following diagram:
fences shall be a maximum of 0.9 m (2.9 ft) in height to ensure public safety and/or good
visibility for traffic and pedestrian purposes.
Materials used to construct fences may be wood, brick, stone or concrete, or metal and shall
be aesthetically acceptable and in general conformity with adjacent development.
Village of Hussar Land Use Bylaw 563-24
P a g e | 44
In commercial and industrial districts, the maximum height above grade of a fence located
within any yard is 2.4 m (8.0 ft).
No fence shall be of barbed wire construction within Village boundaries.
7.7
CORNER LOTS, REVERSE CORNER LOTS AND IRREGULAR LOTS
The parcel lines and yards of corner lots shall be determined by the following (see diagram for
Corner Lots and Reverse Corner Lots below):
the front parcel line of a corner lot is the shortest property line abutting a road;
the exterior side parcel line of a corner lot is the longest property line abutting a
road;
the interior side parcel line of a corner lot is the longest property line abutting a
parcel; and
the rear parcel line of a corner lot is the shortest property line abutting a parcel or
lane.
Notwithstanding 7.7.1 or anything else in this Bylaw, the Development Authority may
determine a corner lot to be a reverse corner lot (see diagram for Corner Lots and Reverse
Corner Lots below).
The Development Authority shall determine the front, rear and side yards of a reverse corner
lot by taking into account:
the general pattern and location of existing buildings on adjacent parcels;
the size and geometry of the corner lot;
the ability to create sufficient privacy on the parcel and privacy for adjacent parcels;
ensuring safe traffic movement at the intersection, considering the primary flow of
traffic and access to the parcel; and
the general aesthetics, considering the location and height of fencing and hedges.
Village of Hussar Land Use Bylaw 563-24
P a g e | 45
For parcels other than corner lots which have frontage on two roads, or for parcels which are
not rectangular in shape, the Development Authority shall determine the yard designations.
7.8
SCREENING OF OUTSIDE STORAGE AREAS AND GARBAGE STORAGE
Garbage shall be stored in weatherproof and animal proof containers, screened from adjacent
parcels and roads and be in a location easily accessible for pick up.
Outside storage areas shall be screened from view from adjacent parcels and roads to the
satisfaction of the Development Authority.
Commercial and industrial developments abutting a parcel with a principal residential use shall
be screened from view on an interior side parcel line or rear parcel line, to the satisfaction of
the Development Authority.
On corner lots within the corner visibility setback, screening shall be a maximum of 0.9 m (2.9
ft) in height above grade to ensure public safety and/or good visibility for traffic and
pedestrian purposes.
Village of Hussar Land Use Bylaw 563-24
P a g e | 46
7.9
BED AND BREAKFASTS
Bed and Breakfasts shall not interfere with the rights of other residents to quiet enjoyment of
a residential neighbourhood.
Bed and Breakfasts shall be an incidental and subordinate use to the principal residential use,
shall be restricted to the dwelling unit and shall not:
create a nuisance by way of noise, parking or traffic generation;
provide for more than two (2) guest rooms;
sell meals or alcoholic beverages to non-overnight guests; and
include a kitchen in any room rented.
In granting a Development Permit for a Bed and Breakfast, the Development Officer shall
restrict the use to a specified time limit after which an application must be made to continue
the use. In no case shall a Development Permit be issued for a period that exceeds two (2)
years, after which time a new application must be made to continue the use.
A maximum of one (1) fascia or freestanding sign for a Bed and Breakfast may be displayed in
accordance with subsection 7.15.5.
7.10
HOME OCCUPATIONS
Where the applicant for the Home Occupation is not the registered owner of the dwelling unit
proposed to be used for a Home Occupation, the applicant shall provide to the Development
Authority written authorization from the registered owner(s).
A Home Occupation shall not occupy more than 20% of the habitable floor area or 30 m2
(332.9 ft2) of a Dwelling Unit, whichever is the lesser.
A Home Occupation shall not include any use or operation which will cause or create a
nuisance by way of noise, electrical interference, dust, smell, smoke, or traffic generation that
is not characteristic of a residential use.
A Home Occupation - Minor shall comply with the following:
Shall not employ any person not residing in the Dwelling Unit;
Shall be contained within the principal dwelling unit only;
shall not have on-site sales or customer visits totaling no greater than five (5) visits
per day, and no more than two (2) customers on site at a time;
Outdoor storage of materials, commodities, or finished products related to the use is
prohibited; and
May display a Window Sign in accordance with section 17.5.4.
A Home Occupation - Major shall be determined as any Home Occupation that meets one or
Village of Hussar Land Use Bylaw 563-24
P a g e | 47
more of the following criteria:
located within an accessory building or structure;
employs up to a maximum of 4 employees that do not reside in the dwelling unit;
on-site sales or customer visits totaling six (6) or more customer visits per day, or
more than two (2) customers on-site at a time;
requires parking of a commercial vehicle up to a G.V.W rating of 4,500 kg (9920.8 lbs)
associated with the Home Occupation.
7.11
PET CARE SERVICES
The Development Authority may, when issuing a development permit for Pet Care Services,
limit the maximum number of animals that may be kept at any one time.
Pet Care Services shall be designed, constructed and operated in a manner to prevent a
nuisance to any adjacent residential use or other adjacent uses in regard to factors such as
noise, odors and waste. Outside enclosures, pens, runs or exercise areas may be allowed at the
discretion of the Development Authority.
7.12
KENNELS
An application for a Development Permit for a Kennel shall include, in addition to the
application requirements in Section 4.3, the following:
A site plan indicating the size and location of all kennel buildings and facilities (e.g.
outdoor enclosure, pens runs or exercise areas, waste (feces) management areas);
the distance between any buildings or facilities used for the kennel operation to any
residential uses within a 50.0 m (164.0 ft) radius; and
proposed screening and noise attenuation measures.
No buildings or exterior exercise area(s) to be used to accommodate dogs shall be allowed
within 50.0 m (164.0 ft.) of any dwelling.
The Development Authority may, when issuing a development permit for a kennel, determine
the maximum number of animals that may be kept at any one time.
All pens, rooms, exercise runs, and holding stalls shall be soundproofed if deemed necessary
by the Development Authority, which shall base its decision on the number of animals to be
kept at the kennel, the proximity of the use to other uses and/or other kennels, and possibility
the noise from the use may adversely affect the amenities of the area.
The times at which the animals are allowed outdoors may be limited at the discretion of the
Development Authority. In particular, all dogs at a kennel, including pups, are required to be
kept indoors between the hours of 10:00 p.m. and 7:00 a.m.
All kennel facilities shall be screened by both a visual and sound barrier, by fences and/or
Village of Hussar Land Use Bylaw 563-24
P a g e | 48
landscaping, from existing dwellings on adjacent parcels to the satisfaction of the
Development Authority.
7.13
RELOCATION OF BUILDINGS
Notwithstanding Section 4.2 Development Permits Not Required, a development permit shall
be required for the relocation of any building, which has been previously used or occupied, to
any parcel within the Village of Hussar as part of the development of a permitted or
discretionary use.
A development permit for the relocation of a building may include conditions of approval that:
the building and the proposed location of the building meets the requirements of the
land use district in which the building is to be located;
the building is compatible with the character of the neighbourhood in which the
building is to be relocated; and
the building be renovated to a satisfactory condition within a specified time.
7.14
RESIDENTIAL BUILDINGS ON THE SAME SITE
No person shall construct or locate more than one (1) dwelling unit on a parcel unless
otherwise permitted in this Bylaw.
7.15
SIGN CONTROL
No sign shall be erected so as to obstruct free and clear vision of vehicular traffic, or be
located, or display a light intensity or colour where it may interfere with, or be confused with,
any authorized traffic sign, signal, or device, and in so doing, create a traffic hazard.
No sign shall be erected upon, affixed to or overhang municipal property without the prior
consent of the Village of Hussar.
Where a sign is no longer related to a business, product or event located on the same parcel as
the sign, the sign must be removed by the owner of the sign or the owner of the parcel on
which the sign is located.
All sign lighting shall be designed to illuminate the sign only.
Within Residential Districts, the following sign regulations apply:
one (1) fascia sign which does not exceed (0.56 m2 or 6 ft2.) in area for an approved
home occupation - major;
one (1) window sign for a home occupation- minor;
one (1) freestanding or fascia sign for an apartment, worship facility, child care
centre, care facility, cultural establishment which does not:
(i)
exceed 1.5 m2 (16.1 ft2) in area, and
Village of Hussar Land Use Bylaw 563-24
P a g e | 49
(ii)
exceed 3.6 m (11.8 ft) in height from grade.
Within a Commercial, Industrial or Community Service District the following sign regulations
apply:
freestanding signs:
(i)
shall not exceed 1.5 m2 (16.1 ft2) in area,
(ii)
shall not exceed 9 m (29.5 ft) in sign height; and
(iii)
shall not be located greater than 1.52 m (5 ft) from a property line.
fascia signs
(i)
shall not exceed 20% in sign area of the face of the building or bay to which
the sign is attached; and
(ii)
shall be located on the building frontage directly adjacent to the business.
projecting signs:
(i)
shall be a maximum of 9 m2 (96.8 ft2) in sign area;
(ii)
shall not rise more than 300 mm (11.8 in) above a parapet;
(iii)
shall be located greater than 600 mm (23.6 in) from the property line;
(iv)
a minimum clearance of 3 m (9.8 ft) from grade or any sidewalk; and
roof signs:
(i)
shall appear as an architectural blade with no visible support structures;
(ii)
shall not overhang the roof on which it is located; and
(iii)
shall not exceed a maximum sign area of 9 m2 (96.8 ft2).
Within an Urban Reserve District, the following sign regulations apply:
one (1) freestanding sign which does not exceed 1 m2 (10.7 ft2) in area or 6 m (19.6 ft)
in height.
7.16
NON-CONFORMING USES AND NON-CONFORMING BUILDINGS
When a building is a non-conforming building solely by reason of its encroachment into a
required front, side, or rear yard, the Development Officer at his/her discretion may allow an
extension of, or an addition to, the building if such extension or addition will not in itself
constitute an encroachment into any required yard, and if such extension or addition complies
with the provisions of this Bylaw.
A building that encroaches into a required front, side, or rear yard by reason of conversion
from imperial units of measurement to metric units of measurement as contained within this
Bylaw is considered to be a conforming building.
Village of Hussar Land Use Bylaw 563-24
P a g e | 50
Nothing in this Bylaw diminishes or in any way affects the power of the Development Authority
to issue a development permit which makes a non-conforming building conforming through
the granting of a relaxation of the requirements or rules to which the existing building does not
conform.
7.17
SITE GRADING AND DRAINAGE
Parcel grades and building elevations shall be established to ensure effective drainage and
prevent drainage from one parcel to another, except where drainage conforms to an approved
subdivision drainage plan.
7.18
CONTROLLED APPEARANCE
The design, character, and appearance of any building, structure, or sign proposed to be
erected or located in any District, must be acceptable to the Development Authority, having
due regard to the amenities and the character of existing development in the District, as well
as to its effect on adjacent development.
7.19
SECONDARY SUITES & BACKYARD SUITES
A maximum of one (1) dwelling, secondary suite or dwelling, backyard suite is allowed per
parcel.
A dwelling, secondary suite or dwelling, backyard suite must not be separated from the
principal residential use on a parcel by the registration of a condominium or subdivision.
Secondary Suites Regulations
The minimum floor area for a Dwelling, Secondary Suite shall be not less than 30 m2 (322.92
ft2).
Backyard Suites Regulations
Development of a Dwelling, Backyard Suite shall comply with the following:
shall not exceed 80 m2 (861 ft2) in floor area; where the suite is located on the second
storey of an Accessory Building, the maximum height of the building is 8.0 m (26.2 ft);
the exterior colour and materials, roof pitch, and window door styles of a Dwelling,
Backyard Suite must, at the discretion of the Development Authority, match or
complement the principal Dwelling Unit.
7.20
MANUFACTURED DWELLINGS
In determining the suitability of a Manufactured Dwelling for placement on a parcel,
consideration shall be given to its condition and appearance in context with the adjacent
parcels.
The undercarriage of a manufactured dwelling shall be completely screened from view by the
Village of Hussar Land Use Bylaw 563-24
P a g e | 51
foundation or by skirting within thirty (30) days of placement of the manufactured dwelling.
All manufactured dwellings shall be provided with steps and landings to all entrances within
thirty (30) days of their placement.
All accessory structures such as steps, patios, porches, additions, skirting and storage facilities
shall be of complementary quality and design to the Manufactured Dwelling.
Manufactured Dwellings constructed greater than eight (8) years at the time of development
permit application may not be approved at the discretion of the Development Authority.
7.21
TEMPORARY BUILDINGS OR USES
The Development Authority may conditionally approve a temporary building or use to be
constructed or located in any Land Use District subject to the owner agreeing to remove said
building in accordance with the terms and conditions affixed by the Development Authority.
A temporary building shall not exceed one storey in height and shall not have a basement or a
cellar or any below grade foundation.
A temporary building shall be maintained at all times.
No temporary building or use shall be serviced by Village sewage or water supply systems.
Notwithstanding the foregoing however, when a temporary use is established in a building or
on a site with existing municipal water or sewer services or both, those services may be
temporarily used in accordance with the terms and conditions affixed by the Development
Authority.
The Development Authority may require skirting around the base of a temporary building.
An application to extend the duration of a temporary permit shall be dealt with as a new
application. There shall be no obligation to approve it on the basis that the previous permit
had been issued.
7.22
RENEWABLE ENERGY SYSTEMS
Renewable Energy Systems that are part of, or attached to, the principal building or an
accessory building shall:
not extend above the peak of the roof;
not project past a roof by 1.5 m (4.92 ft) at any point; and
not generate noise, in the opinion of the Development Authority, which affects the
amenity or enjoyment of an adjacent residential use.
Renewable Energy Systems that are freestanding must meet the height and setback
regulations for an accessory building within the applicable land use district.
Village of Hussar Land Use Bylaw 563-24
P a g e | 52
Part 8 Districts
8 DISTRICTS
8.1
ESTABLISHMENT OF LAND USE DISTRICTS
For the purpose of this Bylaw, the land within the boundaries of the Municipality shall be
divided into one or more of the Districts as established in Section 8.2.
Throughout this Bylaw and amendments thereto a District may be referred to either by its full
name or its abbreviation as set out in Section 8.2.
8.2
DISTRICTS
The Districts in the Village are:
Short Title
District Name
R
Residential District
R-MD
Residential - Manufactured Dwelling District
C
Commercial District
I
Industrial General District
UR
Urban Reserve District
CS
Community Service District
8.3
DISTRICT BOUNDARIES
The boundaries of the districts listed in above are as delineated on the Land Use District Map
in Part 9.
Where uncertainty exists as to the boundaries of districts as shown on the Land Use District
Map, the following rules shall apply:
RULE 1.
Where a boundary is shown as following the municipal boundary, it
Village of Hussar Land Use Bylaw 563-24
P a g e | 53
shall be deemed to follow the municipal boundary;
RULE 2.
Where a boundary is shown as approximately following a lot or parcel
line, it shall be deemed to follow the lot or parcel line.
Where the exact location of the boundary of a Land Use District cannot be determined, using
the rules in subsection 8.3.2 above, the Council, on its own motion or on a written request,
shall fix the location:
in a manner consistent with the provisions of this Bylaw; and
with the appropriate degree of detail required.
The location of a district boundary, once fixed, shall not be altered except by an amendment of
this Bylaw.
When any road is closed, the road lands have the same district as the abutting lands. When
abutting lands are governed by different districts, the centre of the road is the district
boundary.
Village of Hussar Land Use Bylaw 563-24
P a g e | 54
8.4
RESIDENTIAL DISTRICT (R)
Purpose:
The purpose and intent of this District is to provide for residential neighbourhoods composed
of predominantly single-detached dwellings with integration of some multi-unit dwellings
and other compatible neighbourhood uses.
Permitted Uses:
(a)
Accessory Building or Structure
(d)
Home Occupation, Minor
(b)
Dwelling, Single Detached
(e)
Public Utility
(c)
Community Recreational Facility
(f)
Signs
Discretionary Uses:
(a)
Accessory Building - Fabric Covered
(h)
Dwelling, Duplex
(b)
Care Facility
(i)
Dwelling, Manufactured
(c)
Child Care Facility
(j)
Dwelling, Secondary Suite
(d)
Cultural Establishment
(k)
Home Occupation, Major
(e)
Dwelling, Apartment
(l)
Public Building
(f)
Dwelling, Attached Housing
(m)
Temporary Buildings and Uses
(g)
Dwelling, Backyard Suite
(n)
Worship Facility
The minimum parcel area is:
Dwelling, Single Detached and Manufactured: 464 m2 (4,994.4ft2);
Dwelling, Attached: 279 m2 (3,003.1 ft2) for each interior dwelling or 326 m2 (3,509 ft2) for
each dwelling unit with a side yard abutting a road; or
Dwelling, Duplex: 279 m2 (3,003.1 ft2) for each dwelling.
The minimum parcel width is:
Dwelling, Single Detached and Manufactured: 15 m (49.2 ft);
Dwelling, Attached: 9 m (29.5 ft) for each interior dwelling or 10.5 m (34.45 ft) for each
dwelling unit with a side yard abutting a road; or
Dwelling, Duplex: 7.5 m (24.6 ft) per dwelling.
The minimum front yard setback shall be 6.1 m (20 ft).
Village of Hussar Land Use Bylaw 563-24
P a g e | 55
The minimum side yard setback shall be:
Principal Buildings:
(i)
exterior side yard: 3 m (9.8 ft);
(ii)
interior side yard: 1.5 m (4.2 ft)
Accessory Buildings: 1 m (3.2 ft)
The minimum rear yard setback shall be:
Principal Buildings: 7.6 m (24.9 ft)
Accessory Buildings: 1 m (3.2 ft)
The minimum gross floor area of a dwelling unit is:
Dwelling, Single Detached and Manufactured: 74 m2 (796.5 ft2); or
Dwelling, Duplex and Attached: 65 m2 (699.6 ft2).
The maximum parcel coverage is:
All buildings including accessory buildings not more than 50% of the parcel area; and
All accessory buildings not more than 25% of the parcel area.
The maximum building height is:
Principal Building: 9 m (29.5 ft)
Accessory Building: 5 m (16.4 ft)
Additional Requirements for Manufactured Dwellings:
The minimum width of a Manufactured Dwelling shall be 6.7 m (22 ft).
The design and appearance of a Manufactured Dwelling shall be to the satisfaction of the
Development Authority, and may be required to include enhanced design elements that add
visual interest such as:
A porch or veranda on the front façade;
horizontal wall articulation on the front façade;
the use of thick columns or brackets on roof overhangs;
dormers, gables, cross gables or varied pitches for articulated roof lines;
large or bay windows on the front façade, with strong window trim;
architectural features or other detailing over entrances;
changes in exterior siding materials, textures and colors to break up long wall
expanses; and
the use of trim and moldings that contrast the exterior siding.
Village of Hussar Land Use Bylaw 563-24
P a g e | 56
8.5
RESIDENTIAL DISTRICT - MANUFACTURED DWELLING (R-MD)
Purpose:
The purpose and intent of this District is to provide for a residential parcels in which
manufactured dwellings are accommodated on individual parcels.
Permitted Uses:
(a)
Accessory Building or Structure
(d)
Public Utilities
(b)
Dwelling, Manufactured
(e)
Signs
(c)
Home Occupation, Minor
Discretionary Uses:
(a)
Accessory Building - Fabric Covered
(d)
Home Occupation, Major
(b)
Dwelling, Backyard Suite
(e)
Public Building
(c)
Child Care Facility
The parcel area is 464 m2 (4,994.4 ft2).
The minimum parcel width is 15 m (49.2 ft).
The minimum front yard setback is 4.5 m (14.7 ft).
The minimum side yard setback is:
Principal Buildings
(i)
exterior side yard: 3 m (9.8 ft); and
(ii)
interior side yard: 1.5 m (4.9 ft)
Accessory Buildings:
(i)
exterior side yard: 3 m (9.8 ft); and
(ii)
interior side yard: 1.5 m (4.9 ft)
The minimum rear yard setback is:
Principal Buildings: 4.5 m (14.7 ft)
Accessory Buildings: 1 m (3.2 ft)
The minimum gross floor area of a dwelling unit is 55 m2 (592 ft2).
The maximum building height is:
Village of Hussar Land Use Bylaw 563-24
P a g e | 57
Manufactured dwellings: 5 m (16.4 ft);
Accessory Buildings: 5 m (16.4 ft).
The maximum parcel coverage is:
All buildings together, including accessory buildings: 50% of the parcel area; and
All accessory buildings: 25% of the parcel area.
Additional Requirements for Manufactured Dwellings:
The minimum width of a Manufactured Dwelling shall be 6.7 m (22 ft).
The design and appearance of a Manufactured Dwelling shall be to the satisfaction of the
Development Authority, and may be required to include enhanced design elements that add
visual interest such as:
A porch or veranda on the front façade;
horizontal wall articulation on the front façade;
the use of thick columns or brackets on roof overhangs;
dormers, gables, cross gables or varied pitches for articulated roof lines;
large or bay windows on the front façade, with strong window trim;
architectural features or other detailing over entrances;
changes in exterior siding materials, textures and colors to break up long wall
expanses; and
the use of trim and moldings that contrast the exterior siding.
Village of Hussar Land Use Bylaw 563-24
P a g e | 58
8.6
COMMERCIAL DISTRICT (C)
Purpose:
The purpose and intent of this District is to provide for service commercial and retail
developments serving the Village and the surrounding rural areas.
Permitted Uses:
(a)
Art and Craft Studios
(i)
Parking Lot
(b)
Clinic
(j)
Personal Service Shop
(c)
Community Recreational Facility
(k)
Pet Care Service
(d)
Convenience Store
(l)
Public Building
(e)
Cultural Establishment
(m)
Public Utilities
(f)
Eating Establishment
(n)
Retail Store
(g)
Hotel or Motel
(o)
Signs
(h)
Offices
(p)
Worship Facility
Discretionary Uses:
(a)
Accessory Buildings and Structures
(k)
Drinking Establishment
(b)
Accessory Building - Shipping Container
(l)
Dwelling, Accessory Residential
(c)
Amusement Centre
(m)
Equipment Rental Shop
(d)
Auto Body and Paint Shop
(n)
Fabric Covered Building
(e)
Automotive Repair and Service Shop
(o)
Gas Bar
(f)
Automotive Sales
(p)
Liquor Store
(g)
Bus Terminal
(q)
Storage Yard
(h)
Cannabis Retail Store
(r)
Temporary Building or Use
(i)
Car Wash
(s)
Tradesman's Shop
(j)
Child Care Facilities
The minimum parcel area is 302 m2 (3250.7 ft2)
The minimum parcel width is 7.6 m (24.9 ft).
The minimum front yard setback is zero.
Village of Hussar Land Use Bylaw 563-24
P a g e | 59
The minimum rear yard setback is 5 m (16.4 ft).
The minimum side yard setback is zero, except where abutting a Residential District the
minimum side yard setback is 3 m (9.8 ft).
The maximum building height is 13.7 m (50 ft).
Village of Hussar Land Use Bylaw 563-24
P a g e | 60
8.7
INDUSTRIAL GENERAL DISTRICT (I)
Purpose:
The purpose and intent of this District is to provide for a range of industrial uses of a
manufacturing, processing, assembling, or distributing nature.
Permitted Uses:
(a)
Accessory Buildings and Structures
(i)
Light Manufacturing
(b)
Accessory Building - Shipping Container
(j)
Public Utilities
(c)
Agricultural Supply Depot
(k)
Public Building
(d)
Building Supply Centre
(l)
Signs
(e)
Car Wash
(m)
Storage Yard
(f)
Equipment Rental Shop
(n)
Tradesman's Shop
(g)
Fabric Covered Building
(o)
Warehousing
(h)
Grain Elevator and Seed Cleaning
Discretionary Uses:
(a)
Abattoir
(h)
Intensive Vegetative Operation
(b)
Auto Body and Paint Shop
(i)
Kennel
(c)
Automotive Repair and Service
(j)
Natural Resource Extractive Industries
(d)
Automotive Sales
(k)
Temporary Building or Use
(e)
Bulk Fuel Storage and Distribution
(l)
Waste Transfer Station
(f)
Dwelling, Accessory Residential
(m)
Veterinary Clinic
(g)
Heavy Manufacturing
The minimum parcel area is 929 m2 (9999.6 ft2).
The minimum parcel width is 30 m (98.4 ft).
The minimum front yard setback is 7.6 m (24.9 ft).
The minimum side yard setback is 1.5 m (4.9 ft) except where a fire wall is provided, no side
yard setback is required.
The minimum rear yard setback is 1.0 m (3.2 ft).
Village of Hussar Land Use Bylaw 563-24
P a g e | 61
The maximum building height is 13.7 m (50 ft).
For an application for an industrial development, the development permit application shall
contain the following information:
the type and nature of the industry, including the use of highly flammable or
explosive materials;
the estimated number of employees;
the estimated water demand and source;
the type of effluent and method of treatment;
transportation routes to be used; and
any accessory works required.
Village of Hussar Land Use Bylaw 563-24
P a g e | 62
8.8
URBAN RESERVE DISTRICT (UR)
Purpose:
The purpose and intent of this District is to provide for the continuation of existing rural
pursuits and the future expansion of urban development.
Permitted Uses:
(a)
Accessory Buildings and Structures
(d)
Extensive Agriculture
(b)
Accessory Buildings - Fabric Covered
(e)
Public Utilities
(c)
Community Recreational Facility
(f)
Signs
Discretionary Uses:
(a)
Accessory Buildings - Shipping Containers
(c)
Temporary Building or Use
(b)
Intensive Vegetative Operation
The minimum parcel area is 16.2 ha (40 acres).
The minimum front yard setback is 15 m (49.2 ft).
The minimum side yard and rear yard setback is 15 m (49.2 ft).
The design, site location, site coverage, yards, height of buildings, external finish, and
landscaping generally of all buildings and structures shall be to the satisfaction of the
Development Officer who in determining a Development Permit application shall take into
account:
the general purpose of the district; and
the existing future uses of adjacent parcels.
The Development Authority shall be satisfied prior to the granting of a Development Permit
that the proposed use will not prejudice the future orderly development of the area.
Village of Hussar Land Use Bylaw 563-24
P a g e | 63
8.9
COMMUNITY SERVICE DISTRICT (CS)
Purpose:
The purpose and intent of this District is to provide for cultural, educational, institutional, and
recreational uses.
Permitted Uses:
(a)
Accessory Buildings and Structures
(h)
Community Recreational Facilities
(b)
Campground
(i)
Parking Lots
(c)
Cemetery
(j)
Public Buildings
(d)
Child Care Facilities
(k)
Public Utilities
(e)
Cultural Establishment
(l)
Schools
(f)
Exhibition Grounds
(m)
Signs
(g)
Fabric Covered Building
(n)
Worship Facility
Discretionary Uses:
(a)
Accessory Building - Shipping Container
(d)
Intensive Vegetative Operation
(b)
Clinic
(e)
Temporary Building or Use
(c)
Care Facility
The maximum building height is 15 m (49.2 ft).
The design, setting, external finish and architectural appearance of all buildings including
accessory buildings and structures and landscaping shall be to the satisfaction of the
Development Authority to ensure that adequate protection be afforded to the amenities of
the area.
Village of Hussar Land Use Bylaw 563-24
P a g e | 64
Part 9 Land Use District Map
Village of Hussar Land Use Bylaw 563-24
P a g e | 65
9 LAND USE DISTRICT MAP