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BYLAW 007:2023
A bylaw of the Town of Irricana, in the Province of Alberta, for the purpose
of adopting a new land use bylaw.
WHEREAS pursuant to the Municipal Government Act, RSA 2000, c M-26, and
amendments thereto, a Council of a municipality must pass a land use bylaw;
AND WHEREAS the land use bylaw may prohibit or regulate and control the use and
development of land and buildings within its municipal boundaries;
AND WHEREAS the Council of the Town of Irricana deems it desirable to adopt a land
use bylaw;
AND WHEREAS the Council of the Town of Irricana did, in compliance with the
Municipal Government Act, hold a public hearing on September 5, 2023 to provide those
persons affected by the land use bylaw an opportunity to make suggestions and
representations;
AND THEREFORE the Municipal Council of the Town of Irricana, duly assembled in
Council, enacts as follows:
Title
1. This bylaw may be cited as the "2023 Irricana Land Use Bylaw".
Definitions
2. In this bylaw, the following definitions apply:
a. "Municipal Government Act" means the Municipal Government Act, RSA
2000, c M-26, as amended or replaced from time to time.
b. Definitions described in Schedule 'A' forming a part of this bylaw.
Effect
3. Council hereby adopts this Land Use Bylaw for those lands contained within the
municipal boundaries of the Town of Irricana.
4. Schedule 'A' hereto attached shall form part of the Bylaw.
Page 2 of 2
Severability
5. If any provision of this Bylaw is declared invalid for any reason by a court of
competent jurisdiction, all other provisions of the Bylaw will remain valid and
enforceable.
Repeal of Bylaw(s)
6. Bylaw 010:2010, being the Town of Irricana Land Use Bylaw, is repealed upon
this Bylaw passing and coming into full force and effect.
Effective Date
7. Bylaw 007:2023, being the 2023 Irricana Land Use Bylaw, is passed when it
receives third reading and is signed pursuant to the Municipal Government Act.
READ A FIRST TIME this 14th day of August 2023.
READ A SECOND TIME this 6th day of November 2023.
READ A THIRD TIME this 6th day of November 2023.
Original Signed .
Jim Bryson
Mayor
Original Signed .
Doug Hafichuk
Chief Administrative Officer
2023 Irricana Land Use Bylaw
Schedule 'A'
November 2023
Document Purpose:
Schedule 'A' of the 2023 Town of Irricana Land Use Bylaw regulates and controls the use
and Development of land and buildings within the Municipality, in accordance with Division 5
(Land Use) of the Municipal Government Act.
Document Revision(s):
Revision Purpose:
Rev.#
Revision Publish Date:
Council Approval Date:
Draft for First Reading
0.01
August 11, 2023
August 14, 2023
Draft for Public Hearing
0.02
August 31, 2023
N/A
Draft for Subsequent Readings
0.03
November 1, 2023
N/A
2023 Irricana Land Use Bylaw - Schedule 'A'
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1.
PART 1 Interpretation ............................................................................................................. 5
1.1
Compliance with Legislation ........................................................................... 5
1.2
Severability ................................................................................................. 5
1.3
Application of this Bylaw ............................................................................... 5
1.4
Rules of Interpretation .................................................................................. 5
1.5
Similar Use Interpretation ............................................................................. 5
1.6
Land Use District Boundaries ......................................................................... 6
1.7
Units of Measure .......................................................................................... 6
2.
PART 2 Administration ............................................................................................................ 7
2.1
Development Authority ................................................................................. 7
2.2
Development Officer ..................................................................................... 7
2.3
Decisions on Applications .............................................................................. 8
2.4
Municipal Planning Commission ...................................................................... 9
2.5
Subdivision Officer ....................................................................................... 9
2.6
Appeals .................................................................................................... 11
2.7
Variance Authority ..................................................................................... 11
2.8
Non-Conforming Uses and Non-Conforming Buildings ...................................... 12
2.9
Forms, Notices and Fees ............................................................................. 13
3.
PART 3 Development and Subdivision ............................................................................. 14
3.1
Development Requiring Permits ................................................................... 14
3.2
Development Permit Not Required ................................................................ 14
3.3
Development Application Requirements ......................................................... 16
3.4
Issuance of Permits and Notice of Decision .................................................... 18
3.5
Subdivision Application Requirements ........................................................... 19
3.6
Issuance of Notice of Decision for Subdivision ................................................ 21
3.7
Conditions of Development Permit or Subdivision Approval .............................. 22
3.8
Enforcement ............................................................................................. 22
3.9
Right of Entry ............................................................................................ 23
3.10
Cancellation or Suspension of a Development Permit .................................... 23
3.11
Stop Orders ........................................................................................... 23
3.12
Enforcement of Stop Orders ..................................................................... 24
3.13
Bylaw Contravention and Fees .................................................................. 24
3.14
Amendments .......................................................................................... 25
3.15
Bylaw Amendment Application Requirements .............................................. 25
3.16
Bylaw Amendment Procedure ................................................................... 26
3.17
Area Structure Plan Requirements ............................................................. 26
3.18
Intermunicipal Referrals ........................................................................... 28
4.
PART 4 General Land Use Regulations ............................................................................ 29
4.1
Applicability .............................................................................................. 29
4.2
Crime Prevention through Environmental Design (CPTED) ................................ 29
4.3
Design and Appearance of Development ........................................................ 29
4.4
Drainage .................................................................................................. 29
4.5
Emergency Servicing .................................................................................. 30
4.6
Environmental Considerations ...................................................................... 30
4.7
Height of Buildings ..................................................................................... 31
4.8
Landscaping and Fencing ............................................................................ 31
4.9
Lighting .................................................................................................... 33
4.10
Lot Requirements .................................................................................... 34
4.11
Objects Prohibited or Restricted in a Commercial District .............................. 34
4.12
Parking and Loading Facilities ................................................................... 34
4.13
Principal Buildings on a Residential Lot ....................................................... 41
4.14
Screening Outside Storage Areas and Garage Storage .................................. 41
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4.15
Site Leveling, Filling and Grading .............................................................. 42
4.16
Special Setback Requirements .................................................................. 42
4.17
Stormwater Management Requirements ..................................................... 42
4.18
Utilities .................................................................................................. 43
4.19
Wetlands and Riparian Areas .................................................................... 43
5.
PART 5 Specific Use Regulations ....................................................................................... 44
5.1
Accessory Buildings .................................................................................... 45
5.2
Bed & Breakfast Accommodation .................................................................. 45
5.3
Drive Through Restaurants .......................................................................... 46
5.4
Home Occupations ..................................................................................... 46
5.5
Manufactured / Modular / Ready-to-Move Homes ............................................ 48
5.6
Moved-in or Relocated Buildings ................................................................... 48
5.7
Multiple Use or Mixed-Use Development ........................................................ 49
5.8
Private Swimming Pools, Hot Tubs and Water Features in Residential Areas ...... 49
5.9
Recreational Vehicles .................................................................................. 50
5.10
Secondary Suites .................................................................................... 50
5.11
Show Homes .......................................................................................... 51
5.12
Shipping Containers ................................................................................ 51
6.
PART 6 Signs ............................................................................................................................ 53
6.1
Signs - Development Application Requirements .............................................. 53
6.2
Signs - Not Requiring a Development Permit .................................................. 54
6.3
Signs - General Regulations ........................................................................ 56
6.4
Signs - Maximum Number of Primary Signs ................................................... 57
6.5
Signs - Maximum Sign Area for Primary Signs ............................................... 57
6.6
Sign Types - Specific Regulations ................................................................. 58
7.
PART 7 Land Use Districts ................................................................................................... 64
7.1
Districts .................................................................................................... 64
7.2
Land Use Map ............................................................................................ 64
7.3
Residential Single Detached District (R-1) ...................................................... 66
7.4
Residential Two Dwelling Restricted District (R-2) ........................................... 70
7.5
Residential - Manufactured Home District (R-MH) ........................................... 74
7.6
Central Business District (CBD) .................................................................... 77
7.7
Light Industrial District (I-L) ........................................................................ 81
7.8
Public Park, School and Recreational District (PSR) ......................................... 85
7.9
Residential - Prairie Meadows (R-PM) ............................................................ 87
7.10
Commercial - Prairie Meadows District (C-PM) ............................................ 93
7.11
Urban Reserve District (UR) ...................................................................... 96
7.12
Direct Control Districts (DC) ..................................................................... 97
7.13
Direct Control District (DC-3) .................................................................... 99
8.
PART 8 Definitions................................................................................................................. 100
8.11
Interpretation of Definitions ..................................................................... 100
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This Page Left Intentionally Blank
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1.
PART 1 Interpretation
1.1
Compliance with Legislation
1.1.1
A person is not relieved of their responsibility to ascertain and comply with
the relevant municipal, provincial or federal statutes and regulations when
applying for, commencing or continuing Development.
1.2
Severability
1.2.1
If any part of this Bylaw is held to be invalid by a decision of a court of
competent jurisdiction, that decision will not affect the validity of the
remaining parts of this Bylaw.
1.3
Application of this Bylaw
1.3.1
This Bylaw applies to all the lands and Developments within the municipal
boundaries of the Town of Irricana.
1.4
Rules of Interpretation
1.4.1
Unless otherwise required by the context, words used in the present tense
include the future tense; words used in the singular include the plural; 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.
1.4.2
The written regulations take precedence over any diagrams if there is a
perceived conflict.
1.4.3
The Land Use District Map takes precedence over any diagram in the district
regulations if there is an apparent conflict.
1.5
Similar Use Interpretation
1.5.1
Where a Land Use is applied for which is not specifically considered in any
Land Use District or defined elsewhere in this Bylaw, but is similar in
character and purpose to another use that is permitted or discretionary in
the Land Use District in which such use is proposed, the following process
may apply:
(a)
The matter shall be referred by the Development Officer to the
Municipal Planning Commission;
(b)
The Municipal Planning Commission shall determine and make a
ruling on the proposed use as to its similarity to a Permitted Use or
Discretionary Use in the District;
(c)
If the Land Use is deemed similar, the proposed Land Use shall be
reviewed by the Development Authority as a Discretionary Use for the
Land Use District; and
(d)
A decision issued in accordance with this Bylaw.
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1.6
Land Use District Boundaries
1.6.1
The boundaries on the Land Use District delineated on the Land Use District
Map in Part 7 of this Bylaw shall be interpreted as follows:
(a)
Where a boundary follows a public roadway, lane, railway, pipeline,
powerline, utility right-of-way, or easement, it follows the centre line,
unless otherwise clearly indicated on the Land Use District Map.
(b)
Where a boundary is shown as approximately following the Municipal
boundary, it follows the Municipal boundary.
(c)
Where a boundary is shown as approximately following a property
line, it follows the property line.
(d)
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.
(e)
Where a boundary is shown as being parallel to or as an extension of
any of the features listed above, it shall be so.
1.6.2
When any public roadway is closed, the roadway lands have the same Land
Use District as the Abutting land. When different Land Use Districts govern
Abutting lands, the centre of roadway is the Land Use District boundary
unless the Land Use District boundary is shown clearly following the edge of
the roadway. If the roadway is consolidated with an adjoining parcel, the
parcel's Land Use District designation applies to affected portions of the
roadway.
1.7
Units of Measure
1.7.1
All units of measurement contained within this Bylaw are metric (SI)
standards. Imperial measurements and conversions are provided for
information only. In case of any discrepancy, metric units shall govern.
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2.
PART 2 Administration
2.1
Development Authority
2.1.1
The Development Authority is established by this Bylaw pursuant to Part 17,
Division 3 of the Municipal Government Act.
2.1.2
The Development Authority shall exercise Development powers and perform
duties on behalf of the Municipality.
2.2
Development Officer
2.2.1
The position of Development Officer, as a Designated Officer, is established
through the Town of Irricana Development Officer Bylaw and is a
Development Authority for the Town.
2.2.2
The Development Officer shall keep and maintain for the inspection of the
public during office hours, a copy of this Bylaw and all amendments thereto,
and ensure that copies are available at a reasonable charge as prescribed by
Council.
2.2.3
The Development Officer shall keep and maintain for inspection of the public
during office hours, a register of all applications for Development, including
decisions thereon and the reasons therefore, and all orders.
2.2.4
The Development Officer shall:
(a)
Review all Development applications for completeness prior to its
consideration or referral to the Municipal Planning Commission.
(b)
Consider and decide on applications for a Development Permit, and
be governed in the consideration and decision on the application by
the Bylaw, and the amendments thereto;
(c)
Receive, consider and decide on applications for a Development
Permit for:
(i)
Permitted Uses;
(ii)
Permitted Uses or Discretionary Uses that constitute a Change
of Use (e.g. to occupy a Building or Bay for which a
Development Permit has been issued for the construction of
the Building shell);
(d)
Receive and consider and decide on requests for time extensions for
Development Permits which the Development Officer has issued, to a
maximum of 2 extensions of 1 year each;
(e)
Receive and refer with a report to the Municipal Planning Commission
for its consideration and decision:
(i)
Discretionary Use Development Permit Applications;
(ii)
Subdivision Applications;
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(iii)
Permitted Use Development Permit Applications where the
application requests a variance exceeding 15% of a
measurable standard or requests more than two variances to
the standards of this Bylaw;
(iv)
any application at the discretion of the Development Officer;
and
(v)
all other applications as required to be reviewed by the
Municipal Planning Commission in this Bylaw.
(f)
Refer for comment applications for Development Permits to those
authorities and agencies prescribed within the Subdivision and
Development Regulation and this Bylaw;
(g)
Advise the applicant of an application for a use which is not listed as a
Permitted Use or Discretionary Use in the district in which the
Building or land is situated, of their option of applying to Council for
an amendment to this Bylaw; and
(h)
Sign and issue all Development Permits.
2.2.5
The Development Officer will review Development Permit applications for
completeness in accordance with the Municipal Government Act.
2.2.6
After 10 days from the date of referral to authorities or agencies, the
Development Officer may proceed with deciding on the application, whether
or not comments have been received.
2.3
Decisions on Applications
2.3.1
Upon receipt of a complete application for a Permitted Use that conforms in
all respects to the provisions of this Bylaw the Development Authority shall:
(a)
Approve the application without conditions, or
(b)
Approve the application with conditions.
2.3.2
Upon receipt of a complete application for a Discretionary Use, the
Development Authority may:
(a)
Approve the application;
(b)
Approve the application subject to conditions;
(c)
Refuse the application with reasons.
2.3.3
The Development Authority shall not approve an application for a
Development Permit that does not comply with Town of Irricana Statutory
Plans.
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2.3.4
The Development Officer shall not issue a permit for a Development which is
to be serviced by private sewer and water systems until the systems have
been approved by the appropriate Municipal and Provincial departments.
2.4
Municipal Planning Commission
2.4.1
The Municipal Planning Commission is established through the Municipal
Planning Commission Bylaw and is a Development Authority.
2.4.2
The Municipal Planning Commission shall consider and decide on all
applications for a Development Permit, which:
(a)
Are listed as Discretionary Uses in this Bylaw;
(b)
Have been referred to it by the Development Officer; or
(c)
Are for a Temporary Land Use (as defined by this Bylaw and subject
to Section 2.4.3 below) and which are not listed as either a Permitted
Use or Discretionary Use in the district in which the Development is to
occur.
2.4.3
An application for a Development Permit for a Temporary Land Use which is
granted by the Municipal Planning Commission shall be limited to a period of
time not exceeding 60 days. Applications for the renewal of a Temporary
Land Use shall be limited to one renewal and such renewal shall be limited
to a period of time not exceeding 60 days.
2.4.4
The Municipal Planning Commission shall receive, consider and decide on
applications for subdivision approval.
2.4.5
The Municipal Planning Commission shall consider and decide on requests
for time extensions to Development Permits, which have been referred by
the Development Officer.
2.5
Subdivision Officer
2.5.1
The position of Subdivision Officer, as a Designated Officer, is established
through the Town of Irricana Subdivision Officer Bylaw. The Chief
Administrative Officer, or their delegate, is also a Subdivision Officer.
2.5.2
The Subdivision Officer is authorized to act on behalf of the Municipality on
those matters delegated to it by this Bylaw.
2.5.3
The Subdivision Officer shall:
(a)
Review all subdivision applications for completeness prior to its
consideration or referral to the Municipal Planning Commission.
(b)
Keep and maintain for the inspection of the public during office hours,
copies of all decisions and ensure that copies of same are available to
the public at a reasonable charge as prescribed by Council.
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(c)
Keep a register of all applications for subdivision, including the
decisions thereon and the reasons therefore;
(d)
Refer for comment applications for subdivision to those authorities
and agencies prescribed within the Subdivision and Development
Regulations and this Bylaw;
(e)
Solicit comments from adjacent property owners on applications for
subdivision;
(f)
Refer for comment an application for subdivision to an adjacent
Municipality when the Site is within 60 Metres of the Municipal
boundaries or as specified within an Intermunicipal Development
Plan;
(g)
Prepare, sign, and transmit all notices of decision and the application
for subdivision;
(h)
Review instruments for Land Titles registration for conformity with
the Subdivision Officer or Municipal Planning Commission's decision;
and
2.5.4
The Subdivision Officer may endorse Land Titles instruments to affect the
registration of the subdivision of land.
2.5.5
The Subdivision Officer shall receive and forward a completed application for
subdivision together with a report and recommendation to the Municipal
Planning Commission for its consideration and decision.
2.5.6
After 10 days from the date of referral to authorities, agencies, or
landowners, the Subdivision Officer may process the application, whether or
not comments have been received.
2.5.7
In the preparation of the report and recommendations, the Subdivision
Officer shall give due consideration to the comments received from any
authority or agency.
2.5.8
The Subdivision Officer will review subdivision applications for completeness
in accordance with the Municipal Government Act.
2.5.9
The Subdivision Officer shall advise the Council, Municipal Planning
Commission and Subdivision and Development Appeal Board on matters
relating to the subdivision of land.
2.5.10
The Subdivision Officer may appear before and represent the Municipal
Planning Commission at appeal hearings on decisions on applications for
subdivision.
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2.6
Appeals
2.6.1
Where the Development Authority or Subdivision Authority:
(a)
Refuses an application for a Development Permit, or a subdivision; or
(b)
Fails to issue or render a decision on an application for a
Development Permit or subdivision; or
(c)
Approves an application for a Development Permit or subdivision,
with or without conditions; or
(d)
Issues an order under Section 3.13 of this Bylaw;
an appeal may be made to the appropriate Appeal Body in
accordance with the Municipal Government Act.
2.6.2
Pursuant to the provisions of the Municipal Government Act an appeal must
be filed with the appropriate Appeal Body within 21 days of the date the
decision, notice, or order was transmitted, advertised, or issued.
2.6.3
The following persons may appeal to the appropriate Appeal Body:
(a)
The applicant for Development or subdivision approval;
(b)
Any person affected by an order, or decision on a Development
Permit;
(c)
An adjacent landowner that was given notice pursuant to Section
3.4.2 on a decision to issue a Development Permit;
(d)
A school authority with respect to the allocation of municipal school
reserve on a decision to approve an application for subdivision; and
(e)
Those authorities and agencies to which the application for
Development Permit or subdivision was referred and are entitled to
appeal, pursuant to the provisions of the Municipal Government Act.
2.6.4
The appeal hearing must be held in accordance with the Municipal
Government Act.
2.7
Variance Authority
2.7.1
Notwithstanding Section 2.3 (Decisions on Applications) the Development
Authority may approve an application for a Development Permit for a
Development that is a Permitted or Discretionary Use, but that does not
otherwise comply with the provisions of this Bylaw, if in the opinion of the
Development Authority:
(a)
The proposed Development would not unduly interfere with the
amenities of the neighbourhood or adjacent lands; and
(b)
The proposed Development conforms with the use prescribed for that
land or Building in this Bylaw.
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2.7.2
In addition to the considerations provided in 2.7.1 above, a variance may
only be granted if, in the opinion of the Development Authority:
(a)
The requested variance maintains the purpose and intent of the
district, as outlined in the Purpose Statement for the district; and
(b)
The variance is desirable for the appropriate and orderly Development
or use of the land.
2.7.3
All requests for a variance shall be accompanied by a letter from the
applicant clearly stating the reasons and rationale for the variance.
2.7.4
The Development Officer has the following authority to grant variances on
Development Permit applications:
(a)
A maximum variance may be granted up to 15% of a measurable
standard within the Bylaw; and
(b)
A maximum of two measurable standards may be varied by the
Development Officer (e.g. Site coverage and one setback).
2.7.5
The Municipal Planning Commission has the authority to grant variances on
Development Permit applications as needed in accordance with this Bylaw.
2.8
Non-Conforming Uses and Non-Conforming Buildings
2.8.1
A non-conforming Building may continue to be used for the use(s) in
operation at the time the Building was determined to be non-conforming.
2.8.2
The Building shall not be enlarged, added to, rebuilt or structurally altered,
except:
(a)
As or may be necessary to make it a conforming Building; or
(b)
As may be deemed necessary by the Development Officer for the
routine maintenance of the Building.
2.8.3
If a non-conforming Building is damaged or destroyed by fire or other
causes to an extent of more than 75 percent of the value of the Building,
above its foundation, the Building may not be repaired or rebuilt, except in
conformity with the provisions of this Bylaw.
2.8.4
A non-conforming Land Use or a Building may be continued, but if that use
is discontinued for a period of 6 consecutive months, or more, any future
use shall conform to the provisions of this Bylaw.
2.8.5
The Land Use or of a Building is not affected by reason only of change of
ownership, tenancy or occupancy of the land or Building.
2.8.6
A non-conforming use of part of a Building may be extended throughout the
Building but the Building, whether or not it is a non- conforming Building,
shall not be enlarged or added to, and no structural alternations shall be
made thereto or therein.
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2.8.7
When a Building is a non-conforming Building solely by reason of its
encroachment into a required front, side or Rear Yard, or inadequate
parking, the Development Officer or Municipal Planning Commission, at its
discretion, may allow an extension of, or an addition to the Building, if such
extension or such 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.
2.9
Forms, Notices and Fees
2.9.1
For the purposes of administering the provisions of this Bylaw, the
Development Officer and Subdivision Officer may prepare such forms,
notices, and acknowledgements necessary.
2.9.2
Fees for services related to the Development are established by Council
through this Bylaw or the Master Rates Bylaw.
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3.
PART 3 Development and Subdivision
3.1
Development Requiring Permits
3.1.1
Any Land Use or Development of lands, buildings or signs in the Municipality
requires a valid Development Permit unless it is specifically exempted from
requiring a Development Permit by this Bylaw or by Federal or Provincial
legislation.
3.2
Development Permit Not Required
3.2.1
The following Developments do not require a Development Permit:
(a)
Any use or Development exempted under Section 618(1) of the
Municipal Government Act;
(b)
Any use or Development exempted by the Lieutenant Governor in
Council pursuant to Section 618(4) of the Municipal Government Act;
(c)
Telecommunication antenna systems that are regulated by Industry
Canada (see Appendix A for Telecommunication Protocols);
(d)
The completion 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(s) granted;
(e)
The completion of a Building that did not require a Development
Permit under the previous Land Use Bylaw and which was lawfully
under construction provided the Building is completed within 12
months from the date this Bylaw came into effect;
(f)
An official notice, sign, placard or bulletin required to be displayed
pursuant to provisions of Federal, Provincial or Municipal Legislation;
and
(g)
The use of a Building or part thereof for a Federal, Provincial, or
Municipal election, referendum or plebiscite.
3.2.2
A Development Permit shall not be required for the following Developments,
but must otherwise comply with all relevant provisions of this Bylaw:
(a)
Those signs exempted from requiring a permit specified in Section 6.2
- Signs Not Requiring a Development Permit of this Bylaw.
(b)
A Home Occupation 1 - Phone and Desk;
(c)
A change of use within a Building located in a commercial or industrial
district where:
(i)
The requirements of the Development Permit for the existing
Building have been fulfilled to the satisfaction of the
Development Officer;
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(ii)
The change in use is from a Permitted Use or Discretionary
Use to a Permitted Use in the Land Use District applicable to
the Site; and
(iii)
The change is to a use where the number of required parking
stalls is no greater (less or the same) than the use it is
replacing.
(d)
Works of maintenance, repair or alteration, on a structure, both
internal and external, if in the opinion of the Development Officer,
such work is performed in accordance with obligatory legislation or
other government regulations and does not:
(i)
include structural alterations;
(ii)
increase the footprint of the Building;
(iii)
impact any setback distances from property lines; and
(iv)
change the use or intensity of the use of the structure.
(e)
The erection or installation of machinery needed in connection with
operations for which a Development Permit has been issued, for the
period of the construction.
(f)
The placement of a construction trailer during the construction,
alteration, or maintenance of a Building for a term not to exceed 1
year provided the trailer is removed upon occupancy or issuance of
an occupancy permit, whichever occurs first and there shall be no
residential occupancy of the construction trailer at any time.
(g)
Temporary dumpsters for waste and storage may be located on a
Site, and may be located in the Front Yard, front Driveway but may
remain no longer than 4 months. No dumpster shall be placed on any
public roadway.
(h)
The installation, maintenance and repair of public works, services,
utilities or buildings carried out by or on behalf of Federal, Provincial
or municipal authorities on land which is owned or controlled by the
Town.
(i)
The use by the Town of land which the Town is the legal or equitable
owner for a purpose in connection with any Public Utility carried out
by the Municipality.
(j)
The construction, maintenance and repair of private walkways,
private pathways, private Driveways and similar works.
(k)
Removal or stockpiling of soil when a Development Agreement has
been signed as a condition of subdivision approval.
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(l)
The placement or construction of garden sheds, storage sheds or any
other Accessory Building which is ancillary to residential uses, that is
not more than 9.3 Square Metres in area and less than 3.0 Metres in
height, so long as the Building is in compliance with the maximum
number of Accessory Buildings and total coverage area requirements
of each district and is not located in the Front Yard of a residence.
(m) The construction of a Patio or Deck that is under 0.67 Metres in
height which is attached to a dwelling and does not encroach into any
of the Yard setbacks as specific for the particular Land Use District in
which the dwelling is located.
(n)
The construction or placement of a fence, gate, or wall no more than
2.0 Metres in height.
(o)
Antenna structures, satellite dishes and other forms of
communication structures on roofs for private use.
(p)
An outdoor above-ground private swimming pool in accordance with
Sections 5.1 and 5.8 of this Bylaw and with the following:
(i)
located in a Side or Rear Yard;
(ii)
having a total area not exceeding 15% of the Site Area; and
(iii)
that does not have any part of the above Grade component,
including a Deck, walkway, supporting member, heater or
mechanical equipment, located within 1.2 Metres of any side
or rear property line.
(q)
Seasonal or holiday decorations.
(r)
The use of a Building or a portion of a Building on land designated as
Public Service District for a community hall.
(s)
The installation of a decorative pond no deeper that 0.6 Metres in
depth.
3.3
Development Application Requirements
3.3.1
An application for a Development Permit shall not be processed until the
Development Officer issues an acknowledgement that the application is
complete.
3.3.2
An application will include the appropriate Town forms completed,
accompanied by the application fee, as set out in the Town of Irricana
Master Rates Bylaw, and any additional information required pursuant to
this Bylaw.
3.3.3
The following information shall be provided by the applicant for any
Development Permit application:
(a)
A complete, legible and signed application form.
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(b)
A Site Plan in duplicate, drawn to scale and legibly produced (strongly
preferred with a computer/digital), which shows the following:
(i)
Legal description of the Site with north arrow;
(ii)
All property lines clearly shown;
(iii)
Area and dimensions of the land to be developed;
(iv)
Measured setbacks from the proposed Building(s) to all
property lines (e.g. Front Yard, Rear Yard & Side Yards);
(v)
Area and external dimensions, including the height of all
buildings and structures proposed to be developed;
(vi)
Location and dimensions of off-street parking and loading;
(vii)
All Site access points;
(viii)
Rights-of-way and easements;
(ix)
The location of all existing buildings, roads, water bodies, trees
or other physical features on the Site;
(c)
Statement of the proposed use(s) for the Site;
(d)
A signed owner authorization, if the applicant is not the landowner
and certificate of title;
(e)
Estimated commencement and completion dates;
(f)
Floor plans, elevations and sections and an indication of the exterior
finishing materials and colour of any proposed Building(s);
(g)
Lot grading and/or storm water management plans for all industrial
and commercial applications.
3.3.4
The following information may be required, at the discretion of the
Development Authority, for any Development Permit application:
(a)
Certificate of Title;
(b)
A Surveyor's Certificate or Real Property Report;
(c)
Lot grading, drainage and/or storm water management plan;
(d)
A groundwater and/or geotechnical analysis;
(e)
A private sewage disposal system Site evaluation to determine Site
suitability and potential private sewage disposal system acceptable
for the Site;
(f)
Variance request information; and
(g)
Any other information the Development Authority deems is necessary
to render a decision on the application.
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3.3.5
Where an application for a Development Permit is determined to contain
incorrect information, the Development Permit shall be cancelled,
suspended, or refused.
3.3.6
An application for a Development Permit that demonstrates a change of use
or intensity shall be made to the Development Officer providing all of the
information required for a Development Permit and any relevant information
to demonstrate the impact of the proposed use will not create any undue
negative impacts on the adjacent uses, along with any additional
information required by the Development Officer.
3.4
Issuance of Permits and Notice of Decision
3.4.1
A Development Permit issued pursuant to this Bylaw is not a Building Permit
and, notwithstanding that plans and specifications for buildings may have
been submitted as part of an application for a Development Permit, work or
construction shall neither commence nor proceed until a Building Permit has
been issued pursuant to applicable Bylaws and regulations.
3.4.2
When an application for a Development Permit is approved for:
(a)
A Permitted Use that complies in all respects to the provisions of this
Bylaw and without conditions, the Notice of Decision shall be issued in
accordance with the Municipal Government Act; or
(b)
A Permitted Use that requires a variance of a requirement of this
Bylaw or has been approved with conditions or the approval is for a
Discretionary Use, the Development Officer may:
(i)
send a Notice of Decision to the applicant; and
(ii)
publish a Notice of Decision stating the legal description of the
property, civic address and the nature of the use or
Development in a newspaper circulating in the Municipality; or
(iii)
circulate the Notice of Decision by ordinary mail to adjacent
landowners; or
(iv)
publish the Notice of Decision on the Municipality's website; or
(v)
post the Notice of Decision conspicuously on the property.
3.4.3
When an application for a Development Permit is refused, the Notice of
Decision shall be sent to the applicant with reasons for the refusal.
3.4.4
For purposes of this Bylaw, Notice of Decision of the Development Officer or
Municipal Planning Commission on an application for a Development Permit
is deemed to have been given and to have been received:
(a)
In the case of a decision of refusal on an application for a
Development Permit, 7 days from the date that Notice of Decision is
sent by ordinary mail to the applicant; or
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(b)
In all other cases, when Notice of Decision is advertised in the local
newspaper.
3.4.5
Except for a Development Permit which has been approved without
conditions for a Permitted Use, a Development Permit for all other approved
uses does not come into effect until it is determined that no notice of appeal
has been served to the relevant Appeal Body within the 21-day appeal
period after the Notice of Decision has been given pursuant to this Bylaw.
3.4.6
An application for a Development Permit shall, at the option of the applicant,
to be deemed to be refused when a decision thereon is not made within 40
days after the receipt of the application in its complete and final form by the
Development Officer. The applicant may appeal in writing pursuant to the
provisions of the Municipal Government Act as though they had received a
decision of refusal.
3.4.7
Notwithstanding the preceding clause, the applicant may enter into an
agreement with the Municipality to extend the 40 day period for making a
decision on a Development Permit application.
3.4.8
When an application for a Development Permit has been refused pursuant to
this Bylaw or ultimately after appeal pursuant to the provisions of the
Municipal Government Act, the submission of another application for
Development Permit on the same parcel of land for the same or for a Similar
Use of the land by the same or any other applicant need not be accepted by
the Development Officer for at least 6 months after the date of refusal.
3.4.9
If the Development authorized by a Development Permit is not commenced
within 12 months from the date of its issue, the permit is deemed to be
cancelled, unless an extension to this period is granted by the Development
Authority.
3.4.10
If the Development authorized by a Development Permit is not completed
within 24 months or as otherwise stated in the conditions of the
Development Permit the permit is deemed to be cancelled unless an
extension to this period is granted by the Development Authority.
3.5
Subdivision Application Requirements
3.5.1
An application for subdivision approval shall be made to the Subdivision
Officer and shall include the following:
(a)
Fee;
(b)
Complete, legible and signed application form;
(c)
Owner authorization form, if the application is not made by the
landowner;
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(d)
Certificate of title for the lands that is the subject of the application
that is no older than 30 days from the date of the signed application
form; and
(e)
All information and documents required pursuant to the regulation.
(f)
The location, dimensions and boundaries of the parcel to be
subdivided;
(g)
The proposed lot(s) and the balance parcel (if applicable);
(h)
The location, dimensions and boundaries of each new lot to be
created, and any reserve land;
(i)
Existing rights-of-way of each Public Utility, or any other rights- of-
way for roads, pipelines, access easements etc.;
(j)
The location, use and dimensions of buildings on the parcel that is the
subject of the application and specifying those buildings that are
proposed to be demolished or moved;
(k)
The location and boundaries of the bed and shore of any river,
stream, watercourse, lake or other body of water that is contained
within or bounds the proposed parcel of land;
(l)
The location of any existing or proposed wells, any private sewage
disposal systems and the distance from these to existing or proposed
buildings and existing or proposed Lot Lines; and
(m) Existing and proposed access and egress to the proposed lot(s) and
the remainder of the parcel.
(n)
Copy of the current title, obtained within 30 days of making the
application, including copies of all registered instruments on the land
proposed for subdivision;
(o)
A Real Property Report if the parcel contains existing buildings that
will remain; and
(p)
A power and street lighting design acceptable to the utility company
and the Town.
3.5.2
Proposed plans of subdivision shall be accompanied by the following unless
specifically not requested by the Subdivision Officer:
(a)
A Site Grading Plan showing: all Grades, existing and proposed, for
the area proposed for subdivision; cut and fill areas for the area
proposed for subdivision; maximum and minimum bottom of footing
elevations for Developments within the area proposed for subdivision;
final elevations for all Corners of lots proposed for subdivision; and
final elevations adjacent to all walls for Developments within the area
proposed for subdivision;
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(b)
A geotechnical and groundwater assessment, prepared by a qualified
professional, on the subsurface characteristics of the Site's suitability;
(c)
Proposed Municipal Reserve or cash in lieu options and any identified
Environmental Reserve;
(d)
A Stormwater Management Report, accompanied by a Storm Pond if
applicable and a Master Drainage Plan;
(e)
Private Sewage Disposal Study, if the proposed Development is not
intended to tie into the Town piped sanitary sewage system;
(f)
Wetland and Biophysical Impact Assessment and approval from
Alberta Environment and Parks as to the protection, mitigation or
compensation strategy for any identified wetlands;
(g)
A market value appraisal of the land in accordance with Section 666
and Section 667 of the Municipal Government Act as it pertains to
the determination of cash in lieu value for Municipal Reserve;
(h)
A Historical Resources Impact Assessment and Provincial Clearance
on lands to be subdivided;
(i)
A plan identifying all rights-of-way, easements and/or Public Utility
lots that may be required to implement the approved stormwater
plan; and
(j)
A tentative power and street lighting design which details the
requirements for utility rights-of-way, easements and/or Public Utility
lots.
3.6
Issuance of Notice of Decision for Subdivision
3.6.1
A decision on an application for subdivision approval is not an approval to
develop, construct or build on the land. Site grading, earthwork, or any
other construction shall not commence nor proceed other applicable permits
or approvals have been issued (e.g. Development Agreement, Development
Permit, and/or Building Permit).
3.6.2
When an application for a subdivision is approved, with or without
conditions, or refused, the Notice of Decision shall be issued to the applicant
and those persons and authorities that are required to be given a copy of
the application under the Subdivision and Development Regulation.
3.6.3
For purposes of this Bylaw, the date of Notice of Decision of the Municipal
Planning Commission on an application for subdivision is the date the
decision was given to the applicant and those persons required to be notified
by the preceding clause.
3.6.4
The applicant or those government agencies to which the application for
subdivision was referred may appeal the decision in accordance with the
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Municipal Government Act and Subdivision and Development Regulation as
applicable.
3.6.5
Notwithstanding the preceding clause, the applicant may enter into an
agreement with the Municipality to extend the time period for making a
decision on an application for subdivision.
3.7
Conditions of Development Permit or Subdivision Approval
3.7.1
In their decision to approve an application for subdivision or Development,
the Development Authority or Subdivision Authority may apply conditions to
ensure compliance with the provisions of the Municipal Government Act,
Subdivision and Development Regulation, applicable statutory plans of the
Municipality and this Bylaw, and ensure the orderly Development of land
within the Municipality,
3.7.2
The Development Authority or Subdivision Authority may impose a condition
to enter into and comply with an agreement pursuant to the relevant
section(s) of the Municipal Government Act.
3.8
Enforcement
3.8.1
No person shall commence Development or take any action that is contrary
to the provisions of this Bylaw or to any permit or order issued under it.
3.8.2
A Development Officer may enforce the provisions of this Bylaw, and any
permit or order issued under it.
3.8.3
After serving reasonable notice, a Development Officer may enter a property
to verify a contravention exists or that an action required under this Bylaw
has been completed.
3.8.4
If a person fails to comply with an order issued under this Bylaw, a
Development Officer may take whatever lawful action is necessary to ensure
compliance.
3.8.5
Compliance with the requirements of this Bylaw or the issuance of a
Development Permit or an approval of a subdivision pursuant to this Bylaw
does not afford relief from compliance with the provisions of the Municipal
Government Act, other Federal or Provincial Government legislation, or
other Bylaws and regulations affecting the Development or subdivision in
question. It is the applicant's responsibility to ensure that all required
permits, licenses and authorizations from affected authorities are in place
prior to the commencement of the Development.
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3.9
Right of Entry
3.9.1
Enforcement of Municipal Law and "Right of Entry" procedures are governed
by the provisions of the Municipal Government Act and must be consulted
for full details. The following extract of Section 542(1) is provided for
information purposes only:
"542 (1) If this or any other enactment or a Bylaw authorizes or requires
anything to be inspected, remedied, enforced or done by a
Municipality, a designated officer of the Municipality may, after giving
reasonable notice to the owner or occupier of land or the structure to
be entered to carry out the inspection, remedy, enforcement or
action, enter such land or structure at any reasonable time, and carry
out the inspection, enforcement or action authorized or required by
the enactment or Bylaw, request anything be produced to assist in
the inspection, remedy, enforcement or action, and make copies of
anything related to the inspection, remedy, enforcement or action.
The designated officer must display or produce on request
identification showing that the person is authorized to make the
entry;
In an emergency or in extraordinary circumstances the designated
officer need not give reasonable notice or enter at a reasonable hour
and may do the things in subsection (1)(a) and (c) without the
consent of the owner or occupant. "
3.10 Cancellation or Suspension of a Development Permit
3.10.1
The Development Officer may suspend or cancel a Development Permit by
notice in writing to the holder of the Development Permit stating the reasons
for any suspension or cancellation if, after a Development Permit has been
issued, the Development Officer becomes aware that:
(a)
The application for the Development Permit contained
misrepresentations;
(b)
Facts concerning the application or the Development that were not
disclosed, and which should have been disclosed at the time the
application was considered, have subsequently become known; or
(c)
The Development Permit was issued in error.
3.10.2
If a Development Permit is suspended or cancelled, the applicant may
appeal to the appropriate Appeal Body.
3.11 Stop Orders
3.11.1
The Development Authority may issue a Stop Order in accordance with the
Municipal Government Act.
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3.12 Enforcement of Stop Orders
3.12.1
The Municipality may register a caveat against the Certificate of Title for
land that is the subject of an order under this Bylaw. The caveat shall be
discharged upon achieving compliance with the order.
3.12.2
Costs to the Municipality resulting from enforcement actions taken to
achieve compliance with an order under this Bylaw may be added to the tax
roll of lands subject to the order.
3.13 Bylaw Contravention and Fees
3.13.1
This Bylaw may be enforced, and contravention of any provision contained
herein will be acted upon within the legal authority of the Council and
potentially the Court of King's Bench of Alberta. The authority regarding
offences and penalties of this Bylaw is governed by Part 13, Division 4 and 5
of the Municipal Government Act.
3.13.2
A person who contravenes or fails to comply with provisions of this Bylaw
and any decision, condition or order made under it, or who obstructs or
hinders any person in the administration of enforcement of this Bylaw, is
guilty of an offence under the Municipal Government Act.
3.13.3
A person who:
(a)
Contravenes this Bylaw;
(b)
Contravenes an Order under this Bylaw;
(c)
Contravenes a Development Permit or subdivision approval or a
condition attached thereto; or
(d)
Obstructs or hinders any person in the exercise or performance of
their powers or duties under this Bylaw or the regulations under this
Bylaw;
Is guilty of an offence and is liable to the penalties described in this Bylaw
or any other Bylaw for the Municipality.
3.13.4
Any person who commits the following offences under this Bylaw shall be
liable for the prescribed penalties and fines set out below:
(a)
Commencing excavation of Development Site prior to issuance of
Development Permit: Double the Standard Development Fees.
(b)
Commencing any Development prior to issuance of a Development
Permit: Double the Standard Development Fees.
(c)
Offences regarding Off-street Parking of Recreational and Commercial
Vehicles and Motor Vehicles As Set by Resolution or Policy of
Council.
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(d)
Any offence under the Sign section of this Bylaw: As Set by
Resolution or Policy of Council.
3.13.5
Any written notice, or Order, or decision that is required under any provision
of this Bylaw to be provided to any person shall be deemed to have been so
provided if it is:
(a)
Delivered personally to the person or their agent it is directed to;
(b)
Mailed by registered mail to the last known address of the person it is
directed to; or
(c)
Left with any agent or employee or resident at the last known
address of the person to whom it is directed.
3.13.6
Paying a penalty or pleading guilty does not constitute an approval to
continue the activity in violation of the Land Use Bylaw.
3.13.7
A person who receives an order may appeal to the appropriate Appeal Board
pursuant to this Bylaw and the provisions of the Municipal Government Act.
3.14 Amendments
3.14.1
Town of Irricana Council may initiate amendment to the text, schedule or
Land Use District maps within this Bylaw, in accordance with the Municipal
Government Act.
3.14.2
Any municipal resident, landowner or their representative may apply to
amend this Bylaw by submitting a written request to Council. Costs
associated with a proposed amendment(s), including public consultation,
shall be borne by the applicant.
3.14.3
If Council initiates an amendment to re-designate lands, all landowners
within the area being re-designated shall be notified in accordance with the
Municipal Government Act.
3.15 Bylaw Amendment Application Requirements
3.15.1
All applications for a Bylaw amendment shall be made to Council through
the Development Officer and shall include the following:
(a)
A completed application for and the application fee for each
application in accordance with the fee schedule as prescribed by
Council;
(b)
A statement of the purpose and reasons for the proposed
amendments;
(c)
A Certificate of Title and copies of all instruments attached to the
title, pulled less than 30 days prior to making the application;
(d)
A letter from the landowner identifying the agent for the land use re-
designation application (if applicable);
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(e)
Any drawing(s) required to be submitted shall be drawn to scale and
accurately dimensioned to the satisfaction of the Development
Officer; and
(f)
Authorization for right of entry onto the land by Designated Officers.
3.15.2
In addition to the information provided in this Section, the Council may
request the preparation of a Concept Plan or Area Structure Plan for:
(a)
Applications over 5 acres in size; or
(b)
Applications for a Direct Control in accordance with Section 7.13 of
this Bylaw.
3.15.3
Costs associated with preparing a Concept Plan or Area Structure Plan may
be borne by the landowner.
3.16 Bylaw Amendment Procedure
3.16.1
Prior to giving a proposed Bylaw to amend or repeal this Bylaw second
reading, the Council shall hold a public hearing in accordance with the
provisions of the Municipal Government Act.
3.16.2
Council may refer the application to any municipal, Federal, Provincial
authority, or to any other agency or body it deems appropriate for
information and comment.
3.16.3
Where an amendment proposes to change the land use designation of a
parcel of land, Council shall, in accordance with Section 692(4) of the
Municipal Government Act, provide written notice of the proposed changes
to the owner of the affected land and to each owner of adjacent land as
defined by the Municipal Government Act or any other land owner that
Council deems affected.
3.16.4
Where an application for an amendment to this Bylaw has been refused by
Council, another application for the same, or substantially the same,
amendment shall not be considered within 6 months of the date of the
refusal unless Council otherwise directs.
3.16.5
Where an application for an amendment to this Bylaw does not receive first
reading by Council, the applicant will be refunded their application fees, less
any expenses incurred by the Town.
3.17 Area Structure Plan Requirements
3.17.1
In addition to any requirements for an Area Structure Plan stated in the Act,
an application for a Concept Plan or Area Structure Plan in the Town of
Irricana shall contain the following:
(a)
A description of all lands contained within the Plan Area;
(b)
The prospect Land Uses within the Plan Area;
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(c)
Proposed parcel size and Density of the Plan Area;
(d)
The proposed internal road pattern;
(e)
An open space scheme identifying pedestrian pathways, linkages to
the greater community open space network, the location and
distribution of the municipal and Environmental Reserve;
(f)
A servicing proposal including, but not limited to, public and private
utilities for the concept Plan Area;
(g)
A stormwater management scheme identifying key elements of the
scheme, the distribution of these elements within the concept Plan
Area and (where or considered necessary by the Municipality) their
integration with other stormwater systems operating within the
Town;
(h)
An architectural and massing scheme for any residential
Development;
(i)
A Crime Prevention through Environmental Design (CPED) strategy
that anticipates problematic places and situations where crime can
occur within the plan and establishes design guidelines for the
evaluation and mitigation of this potential;
(j)
Shall evaluate and address any off-Site Development issues, which
may result from Development within the Plan Area;
(k)
Ensure that the transition between adjacent land uses and the
proposed land use in the Plan Area are compatible or any anticipated
conflicts are mitigated;
(l)
Evaluation of any on-Site hazards and appropriate mitigation or
avoidance measures, including but not limited to, railroad tracks and
fire protection;
(m) An evaluation of on-Site geotechnical features, the scope of which
shall be determined by the Town of Irricana's engineer;
(n)
An evaluation of on-Site environmental conditions, including but not
limited to, a wetlands and biophysical inventory, and requirements on
the dedication of Environmental Reserve for a floodplain and coulee;
(o)
An evaluation of any on-Site hydrological conditions;
(p)
An evaluation of on-Site servicing proposal with respect to the
provisions or upgrading of off-Site distribution, treatment or disposal
facilities;
(q)
A Traffic Impact Analysis/Assessment, the scope of which shall be
determined by the Town of Irricana's engineer;
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(r)
A Historical Resources Overview and/or an Archeological Impact
Assessment; and
(s)
Such other information as deemed necessary by Council.
3.18 Intermunicipal Referrals
3.18.1
In addition to any circulation requirements within an adopted Intermunicipal
Development Plan, the Town shall circulate applications to Rocky View
County for the following:
(a)
Road closure applications that are judged by Town staff to have an
impact on Rocky View County;
(b)
Municipal Development Plan amendments;
(c)
Area Structure Plan, Concept Plans and Area Redevelopment Plan
adoption or amendment; and
(d)
Draft Land Use policies and Developments which may create local
access issues for all residents of the County and all other major
applications or policies at the discretion of the Town or at the request
of Rocky View County.
3.18.2
The Town will consider comments received from Rocky View County within
30 days of the circulation date. If no response is received within this time,
the response may be considered as "no objection".
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4.
PART 4 General Land Use Regulations
4.1
Applicability
4.1.1
The General Land Use Regulations in this part of the Bylaw apply to all Land
Use Districts in the Municipality unless specifically excluded or modified by
provisions elsewhere in this Bylaw.
4.2
Crime Prevention through Environmental Design (CPTED)
4.2.1
All Development in the Municipality should consider Crime Prevention
through Environmental Design (CPTED) principles to create Development for
a safe pedestrian friendly community. A Site CPTED Strategy may be
required by the Development Authority as a condition of Development
approval. CPTED principles include:
(a)
Ensuring clear sight lines;
(b)
Providing adequate lighting;
(c)
Minimizing concealed and isolated routes;
(d)
Avoiding entrapment;
(e)
Reducing isolation;
(f)
Promoting land use mix;
(g)
Using activity generators;
(h)
Creating a sense of ownership through maintenance and
management;
(i)
Providing signs and information; and
(j)
Improving overall design of the built environment.
4.3
Design and Appearance of Development
4.3.1
All new Development shall present a high standard of Site Development and
architectural character that enhances or complements existing
Development.
4.3.2
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 of the
neighbourhood and the character of existing Development in the district, as
well as to its effect on adjacent properties.
4.4
Drainage
4.4.1
At the discretion of the Development Authority, the applicant shall be
required to Grade a parcel in such a manner that all surface water will drain
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from the Building Site to the back lane, and/or front street or as detailed in
a Drainage or Stormwater Management Plan approved by the Town.
4.4.2
In no case shall any part of any structure encroach or cause runoff on an
adjoining property.
4.4.3
Any area requiring Landscaping or regrading, the reconstruction shall be
landscaped or reconstructed so that the finished surface contours do not
direct surface drainage onto an adjoining Site.
4.4.4
Roof drainage from all buildings and structures shall be directed by means of
eavestroughs, drain-spouts, or such other suitable means, onto the same
property where the Building or structure is located.
4.4.5
At the discretion of the Development Authority, the applicant may be
required to submit a Stormwater Management Plan or Drainage Plan,
indicating how drainage will be managed on the Site.
4.4.6
All Development shall follow any approved Stormwater or Drainage Master
Plan in place.
4.4.7
At the discretion of the Development Authority, the applicant may be
required to install a catch basin or similar storm water management works
on Site if deemed necessary by the Development Authority.
4.4.8
Where retaining walls are necessary or proposed in any Development, such
walls shall be developed with professional quality and shall not negatively
affect adjacent parcels due to Site elevation or drainage.
4.5
Emergency Servicing
4.5.1
Development shall be designed to provide access for emergency vehicles
(i.e., fire, ambulance and police).
4.5.2
The Development Authority or Subdivision Authority may refer any
application to emergency services providers (fire, EMS, police) for comment
prior to a decision.
4.6
Environmental Considerations
4.6.1
Development on land that is subject to flooding or subsidence or is marshy
or unstable is not allowed and shall be considered for designation at the
time of subdivision as Environmental Reserve or Environmental Reserve
Easement in accordance with the Municipal Government Act.
4.6.2
The Development Authority may, as a condition of issuing a Development
Permit for a Discretionary or Permitted Use, require the completion of a
Phase I Environmental Site Assessment to determine if there are any
environmental or contamination concerns on the Site being developed.
4.6.3
If a Phase I Environmental Site Assessment identifies potential
contamination issues and recommends a Phase II ESA and remediation
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occurs, this work must be completed to the satisfaction of the Town
Engineer and Provincial agencies prior to any Development occurring on the
Site.
4.6.4
Should Development be proposed on lands with environmental concerns, the
developer/ owner shall provide a report prepared by a professional
registered engineer demonstrating how the Development may occur in a
safe manner, and the developer/owner shall hold the Municipality harmless
from any damage to or loss of the Development.
4.7
Height of Buildings
4.7.1
The base from which to measure the height of a Building shall be the
average elevation of the finished ground level adjoining all exterior walls of
a Building.
4.7.2
The height of buildings as specified in the regulations of this Bylaw shall not
apply to antenna structures, utility poles, flagpoles or other similar devices
considered not structurally essential to the Building by the Development
Authority
4.8
Landscaping and Fencing
4.8.1
All new Development shall enhance and complement existing streetscapes
by providing appropriate high-quality Landscaping, Site and Building design.
4.8.2
Where a Landscaped Area is required pursuant to the provisions of a Land
Use District, it shall be provided in accordance with a Landscaping Plan
approved by the Development Authority and in conformity with the following
rules:
(a)
All portions of a Site not covered by structures or vehicular circulation
areas shall be landscaped.
(b)
Parking Lots accommodating more than 6 vehicle parking spaces
must be landscaped.
(c)
All Landscaped Areas shall be designed to facilitate effective surface
drainage and to minimize surface runoff.
(d)
The Landscaping standards established on an approved Landscaping
plan shall be the minimum standard which is to be maintained on a
Site.
(e)
Any trees or shrubs which die must be replaced during the next
planting season on a continuing basis.
(f)
All plant material shall be of a species capable of healthy growth in
the Town of Irricana area and conforming to the standards of the
Canadian Nursery Trades Association and shall be drought resistant.
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4.8.3
Notwithstanding any other provision contained in this Bylaw, no object,
structure, fence, hedge, shrub, or tree above a height of 1 meter shall be
placed in or on that part of a Corner Site located within an Urban Reserve,
Industrial or Residential District which lies within a triangle formed by a
straight line drawn between two points on the exterior boundaries of said
Site, 7.5 Metres from the point where they intersect as indicated on the
following diagram.
4.8.4
Fences in any district shall be built on private property only. Fences shall not
encroach onto any public property.
4.8.5
Fence materials and design shall be to the satisfaction of the Development
Authority.
4.8.6
Except as hereinafter provided, no fence in any district, shall exceed:
(a)
1.0 Metre in the Front Yard;
(b)
1.22 Metres on any Yard adjacent to a Town park, trail, open space or
recreational property; or
(c)
2.0 Metres in the side or Rear Yard.
4.8.7
A fence in a Business, Industrial or Urban Reserve District may exceed
height restrictions at the discretion of the Development Officer or Municipal
Planning Commission.
4.8.8
No fencing within the Town boundaries shall include barbed wire
construction below a height of 2 Metres.
4.8.9
Fences built in accordance with agreements made with developers or
builders which are bounded on one side by Town owned lands shall be
constructed entirely within private property and shall become the property
of the lot or lots upon which it is situated. All maintenance or replacement of
a fence built according to this clause shall be the sole responsibility of the
private landowner(s).
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4.8.10
A pedestrian gate may be allowed to be built through a fence built according
to the above noted clause if the access does not constitute a reasonably
foreseeable hazard to public safety. Said gate must open in towards the
private lands.
4.8.11
The Development Authority may for a commercial Development, require the
applicant to provide a Landscaping plan to be completed by a professional
Landscape Architect or a person qualified to perform such work, as part of
the application.
4.8.12
A Landscaping Plan shall include the following:
(a)
Boundaries, elevations and dimensions of the subject Site;
(b)
Location of all the buildings, parking areas, Driveways and entrances;
(c)
Location of all exterior lights on the Site and their projected light
patterns in relation to adjacent public roadways and Developments;
(d)
Location of existing plant materials to be retained;
(e)
Location of new plant materials;
(f)
Plant material list identifying the name, quantity and size of plant
material;
(g)
All other physical features, existing or proposed, including berms,
slopes, Screening, walls, fences, outdoor furniture, lighting,
decorative paving, open space systems, play equipment, benches and
picnic tables, and pedestrian circulation patterns;
(h)
A location plan showing the proposed Development and Landscaping
relative to the Landscaping and improvements on adjacent
properties;
(i)
The layout and type of soft and hard Landscaped Areas; and
(j)
Details of the irrigation system.
4.8.13
A Landscaping Plan is encouraged to have xeriscaping and drought tolerant
vegetation incorporated into the Landscaping design.
4.9
Lighting
4.9.1
All proposed Development shall provide appropriate Site lighting in
accordance with the provisions of this Bylaw and in accordance with the
Town of Irricana engineering design standards and shall follow Dark Sky
principles. The Dark Sky concept is intended to provide exterior lighting for
commercial, industrial, and multi-unit residential Development that allow for
safe and secure Development but minimize the off-Site light pollution and
focus the lighting on the structure, while conserving energy and resources.
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This approach creates exterior lighting that does not negatively impact the
quality of life for adjacent neighbours.
4.9.2
Site lighting should adhere to the following principles:
(a)
Minimize the amount of illumination by reducing the number of light
fixtures;
(b)
Minimize the area of illumination by aiming the light only where it is
needed, reduce glare, and ensure that little or no unwanted light falls
directly onto adjacent properties;
(c)
Minimize the duration of illumination; and
(d)
Minimize the amount of "cold" wavelength illumination in favour of
the "warm" end of the light spectrum to reduce impact on the natural
environment.
4.10 Lot Requirements
4.10.1
No permit shall be issued for any Development on a lot, the area or width of
which is less than the minimum prescribed for the district in which the Site
is located. However, a lot of separate record in the Land Titles Office,
containing less than the required minimum area or width, may be used
subject to the discretion of the Development Officer or the Municipal
Planning Commission, if all other requirements of this Bylaw and
amendments hereto are met.
4.11 Objects Prohibited or Restricted in a Commercial District
4.11.1
The placement of any prefabricated metal storage unit that is not classified
as an Accessory Building, in any Front Yard, without a Temporary
Development Permit is prohibited.
4.12 Parking and Loading Facilities
4.12.1
All parking shall be designed in a manner that complements the defined
Development, provides clear and easy access to the street system and
discourages "overspill parking" into adjacent areas and street.
4.12.2
All new proposed Developments shall provide adequate on-Site parking that
is accessible and convenient to users.
4.12.3
None of the off-street parking facilities as required in this Bylaw shall be
required for any existing Building in the Central Business District (CBD)
which are not conforming to these parking requirements unless such
Building shall be expanded, in which case the provisions of this Bylaw shall
apply only to that portion of the Building or use so expanded.
4.12.4
Parking and Loading Spaces shall be calculated on the basis of gross Floor
Area, 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
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greater occurs and rounded down when a fractional number of 0.49 or less
occurs.
4.12.5
Parking and Loading Spaces shall be provided on-Site in accordance with the
following table:
TABLE 1: PARKING AND LOADING REQUIREMENTS
Use of Building or lot
Parking (on-Site)
Loading
Residential
Apartments - 1 bedroom
1 space per Dwelling
Unit
Apartments - 2 or more bedrooms
1 space per Dwelling
Unit
Bed & Breakfast
1 space per guest
room
Day Care Facility
As per single family
residence
One- and Two-family Dwelling Units
1 space per Dwelling
Unit
Multi Dwelling Units
1 space per Dwelling
Unit plus 1 visitor
space per 4 Dwelling
Units.
Senior Citizen Accommodation
(Assisted or Supportive living)
1 space per 2 units
Senior Citizen Accommodation
(Independent living - lodge or
similar)
1 space per unit
Senior Citizen Accommodation
(Independent living - all others)
1 space per 1-bedroom
unit,
1.5 spaces for a 2-
bedroom unit,
2 spaces for a 3-
bedroom unit
Commercial
Administrative Business and
Professional Office
1 space per 65 m² of
Floor Area
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Use of Building or lot
Parking (on-Site)
Loading
Adult Entertainment Establishment
Greater of 1 space for
3 patron seats or 1
space for 37 m² of
retail Floor Area
Agricultural, Commercial
1 space per 60 m² of
retail Floor Area
Amusement Center
1 space per 29 m²
Auctioneering Establishment
1 space per 37 m² of
retail Floor Area
Bed & Breakfast
1 space per room for
rent
Community Buildings
0.25 spaces per person
based on fire capacity
1 space
Day Care Facility
Minimum 2 spaces and
1 space per shift staff
member
Drive Through Restaurant
Minimum vehicle
stacking at the drive
through window of 6
spaces, and
1 space per 4 seats of
indoor dining
Financial Institution
1 space per 65 m²of
Floor Area
Funeral Services
1 space per 3 seats
1 space
Motels, Hotels
1space per guest unit
and 2 spaces for the
office
Restaurants - Food Service and
Restaurant - Licensed
1 space per 4 seats
Retail Store and Personal Service
Shops
1 space per 37 m²of
Retail Sales area
Shopping Centers
4 spaces per 93 m²
gross leasable area
Theaters
1 space per 4 seats
Light Industrial
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Use of Building or lot
Parking (on-Site)
Loading
Industrial and Railway
All uses - space for
every 100 m² of Floor
Area, or 1 space for
every 3 employees,
whichever is greater -
minimum of 2 spaces
1 space per
2000 M²
Industrial - Storage Facility or
Storage Yard
4 spaces per 1 hectare
(2.47 acers) of Site
Area plus 1 space per
37 M² of retail store
area
1 space per
2000 M²
minimum 1 of
space
Industrial - Storage and Distribution
Center or Storage Facility
1 space per 100 m²
1 space per
2000 M²
minimum 1 of
space
Industrial - General
1 space per 60 m²
1 space per
2000 M²
minimum 1 of
space
Public & Quasi-Public
Arenas
1 space per 9 m²
Medical and Health
2 spaces per examining
room and 1 per staff
Libraries
1 space per 37 m²
Police Stations
1 space per 37 m²
Public Assembly Halls
1 space per 4 seats
Recreational Facility
1 space per 10 seats,
2.5 spaces per alley
(Bowling alley), 6
spaces per sheet of ice
(curling rink)
2 spaces
Religious Institute
1 space per 4 seats
Use of Building or Lot
Parking (on-Site)
Loading
School - Kindergarten / Nursery
School
1 space per staff
member
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Use of Building or lot
Parking (on-Site)
Loading
School - Elementary
1 space per classroom
plus 4 spaces for
administrative staff
School - Junior High
1 space per classroom
plus 6 spaces for
Administrative Staff
School - Senior High
1 space per classroom
plus 10 spaces for
Administrative Staff
1 space
4.12.6
In addition to the parking requirements as set out in Table 1: Parking and
Loading Requirements this Bylaw, parking stalls shall be provided for
persons with physical disabilities as outlined in the Alberta Building Code.
The following is a summary of these requirements. In the case of any
discrepancy between these requirements and those of the Alberta Building
Code, the Alberta Building Code shall take precedence.
4.12.7
Residential parking spaces may be provided in a Front Yard Driveway or
may be provided along the Side Yard or Rear Yard of a property, unless
otherwise allowed by the Development Authority.
4.12.8
Notwithstanding the stated parking requirements in Table 1: Parking and
Loading Requirements of this Bylaw, the Development Officer or the
Municipal Planning Commission may:
(a)
In an Industrial or Business District, allow the developer to provide
the required off-street parking on land other than that to be
developed provided that:
(i)
the alternate parking Site is within 122 Metres of the Site
where the Principal Building is located or where the approved
Total Number of Accessible
Parking Stalls Required
Number of Additional Designated Stalls for
Persons with Disabilities
1 to 25
1
26 to 50
2
51 to 100
3
For each increment of 100 or
part thereof
1 additional stall
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use is carried on and within the same district and the owner of
the land agrees to place a caveat on the property to protect
the land for parking in the future; and
(ii)
should the developer or their successor to the principal
Development seek the consent of the Town to discontinue the
use of an approved alternate parking Site, they shall provide a
substitute parking Site that conforms to the criteria required
for an on-Site parking space.
4.12.9
Any parking or Loading Space shall be designed, located, and constructed so
that it:
(a)
Is easily accessible to the vehicle intended to be accommodated
there;
(b)
Is in conformity with the requirements as outlined in this Bylaw and
the stall width, angle, and depth, along with the aisle width, are
indicated on the Site Plan;
(c)
Is satisfactory to the Development Authority in size, shape, location,
grading, and construction;
(d)
Can be maintained; and
(e)
Is developed and surfaced to Town standards.
4.12.10
All parking areas for new Development shall be Graded and hard surfaced to
ensure that drainage will be confined to the relevant Site or otherwise
disposed of in a manner acceptable to the Development Authority.
4.12.11
Developments requiring 8 or more parking spaces, and which are adjacent
to a Residential District or a public roadway other than a lane, shall have
appropriate landscaped Screening, comprised of fencing and planting, to the
satisfaction of the Approving Authority.
4.12.12
A Loading Space shall have an area of not less than 23 Square Metres in
area, 3.5 Metres in width, and 3.5 Metres overhead clearance.
4.12.13
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 and Loading Spaces required under the
parking provisions of this Bylaw.
4.12.14
Adequate curbs or concrete bumpers or fences, shall be provided to the
satisfaction of the Development Authority.
4.12.15
The on-site parking shall be provided in the manner shown on the approved
Site Plan, with the entire area to be Graded and surfaced to ensure that
drainage will be confined to the Site and disposed of in a manner
satisfactory to the Development Authority.
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4.12.16
Parking spaces shall be designed and provided in accordance with the
following Table 2: Parking Stall Dimensions and Figure 1: Parking Stall
Configurations:
TABLE 2: PARKING STALL DIMENSIONS
Angle of
Parking
Width of Stall
Width of
Aisle
Depth of Stall
Perpendicular to
Aisle
Degrees
Metres
Metres
Metres
30
2.5
3.5
5.1
45
2.5
3.5
6.0
60
2.5
3.5
6.4
90
2.5
3.5
6.0
FIGURE 1: PARKING STALL CONFIGURATIONS
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4.12.17
Parking spaces for compact cars shall be designed and provided in
accordance with the following table:
TABLE 3: PARKING STALL DIMENSIONS - COMPACT CARS
Angle of
Parking
Width of Stall
Width of Aisle
Depth of Stall
Perpendicular to
Aisle
Degrees
Metres
Metres
Metres
30
2.3
2.8
4.4
45
2.3
3.1
5.1
60
2.3
5.3
5.4
90
2.3
7.0
4.9
4.12.18
At the discretion of the Development Authority, a Development requiring
more than 10 parking stalls may apply to include compact car parking in
accordance with Table 3: Parking Stall Dimensions - Compact Cars for up to
10% of the total parking requirement.
4.13 Principal Buildings on a Residential Lot
4.13.1
No more than one Principal Building shall be erected on a lot in any
Residential District unless otherwise authorized by this Bylaw.
4.14 Screening Outside Storage Areas and Garage Storage
4.14.1
To the satisfaction of the Development Authority, the following shall be
enclosed from view, or Screened to soften the visual impact on adjacent or
proximal Sites, roadways, and public thoroughfares:
(a)
Outside Storage areas (including any prefabricated metal storage
units that are not classified as an Accessory Building);
(b)
Garbage and recycling bins in commercial, industrial and multi-unit
residential Developments; and
(c)
Storage of dilapidated vehicles in Commercial or Industrial Districts.
4.14.2
Such Screening shall be maintained to mitigate the visual impact from the
ground to a minimum height of 2.0 Metres, or as may be stipulated as a
condition of Development Permit.
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4.15 Site Leveling, Filling and Grading
4.15.1
Unless otherwise specified in a Development Agreement or Servicing
Agreement, where a final grading plan is required, the developer will submit
"Grade verification" to the Development Authority. Grade verification shall
be prepared by an Alberta Land Surveyor and verify that the elevations at
the bottom of footing and main floor are in compliance with finished Grades
identified in the final grading plan.
4.16 Special Setback Requirements
4.16.1
The minimum distances required for Yards do not apply to construction
wholly beneath the surface of the ground.
4.16.2
Where the Site is to be developed for semi-detached or row housing
complexes, the following exceptions apply:
(a)
Where each half of a semi-detached house is to be contained on a
separate lot or title, no Side Yard shall be required on the side of the
Dwelling Unit which Abuts the adjacent Dwelling Unit by means of a
Fire Separation.
(b)
Where the Dwelling Units of a row house Building are to be contained
on separate lots or titles, no Side Yards shall be required on either
side in the case of an internal Dwelling Unit. No Side Yard shall be
required on the interior side of the end Dwelling Unit.
4.16.3
Notwithstanding any other setback provision in this Bylaw, all Buildings or
structures adjacent to water courses shall be located a minimum of 15
Metres from the edge of said water course unless wetland and riparian
studies identify a larger setback.
4.16.4
Notwithstanding any other setback provision in this Bylaw, all residential
Buildings adjacent to Provincial Highway No. 9 and railway lines shall be
Sited a minimum distance of 27 Metres from the boundary of the right-of-
way.
4.16.5
Fuel storage facilities shall be setback in accordance with all Provincial or
Federal legislation relating to dangerous / hazardous substances and Alberta
Safety Codes.
4.17 Stormwater Management Requirements
4.17.1
The Development Authority may require an applicant to prepare a
Stormwater Management Plan Report as part of an application, and the plan
shall be prepared by a professional engineer qualified to complete such
studies.
4.17.2
The design of stormwater management systems necessary to manage,
control and treat stormwater flows may comprise a range of engineering
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works, and shall not exceed off Site flows that exceed pre-Development
rates.
4.17.3
All stormwater plans must be approved by Alberta Environment. Where an
underground piped stormwater system is proposed, the design of the
system shall be designed on the principle of a maximum of 300 Metres of
overland flows before interception by a storm sewer.
4.18 Utilities
4.18.1
For all new Development, the developer is responsible for the design and
construction of utilities including potable water, sanitary sewer, stormwater,
natural gas, electrical power, cable, telephone and broad band or fiber optic
internet service.
4.18.2
All electrical power, cable, telephone and broad band or fibre optic internet
service shall be installed underground.
4.18.3
Sewer, water, and gas utility lines shall be located within the public right-of-
way.
4.19 Wetlands and Riparian Areas
4.19.1
The Development Authority or Subdivision Authority shall require the
preparation of a Biophysical Impact Assessment and a Wetland Assessment
for all bare land (i.e. greenfield) Development.
(a)
At the discretion of the Development Authority or Subdivision
Authority the requirements stated in 4.19.1 above may be waived if a
similar study has been completed within the last five years for the
subject lands.
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5.
PART 5 Specific Use Regulations
This Section of the Land Use Bylaw contains regulations for specific land uses.
Regulations for the following list of land uses can be found in this section:
QUICKLINKS (click on the below links to jump to each section):
5.1
Accessory Buildings
5.2
Bed & Breakfast Accommodation
5.3
Drive Through Restaurants
5.4
Home Occupations
5.5
Manufactured / Modular / Ready-to-Move Homes
5.6
Moved-in or Relocated Buildings
5.7
Multiple Use or Mixed-Use Development
5.8
Private Swimming Pools, Hot Tubs and Water Features in
Residential
Areas
5.9
Recreational Vehicles
5.10
Secondary Suites
5.11
Show Homes
5.12
Shipping Containers
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5.1
Accessory Buildings
5.1.1
All Accessory Buildings shall be located at least 2.4 Metres from any
Principal Building.
5.1.2
When a Building used or proposed to be used as an Accessory Building is
located or proposed to be located closer to a Principal Building than 2.4
Metres it shall be connected to that Principal Building by a structural
element including for purpose of example but not limited to: common
foundation, common roof, common wall.
5.1.3
For calculating Yard setbacks and Site coverage requirements as provided in
this Bylaw, when an Accessory Building is to be attached to the Principal
Building it shall be deemed to be part of the Principal Building.
5.1.4
An Accessory Building erected on a Site in any residential district shall not
be used as a dwelling unless a permit has been issued for its use as a
dwelling in accordance with this Bylaw.
5.1.5
When a residential Site Abuts a lane, which is 6.1 Metres or less in width,
the Development Officer or the Municipal Planning Commission may require
a Rear Yard setback for a private Garage greater than the prescribed
minimum.
5.1.6
Accessory Buildings shall not be situated within the Front Yard setback of a
Principal Building.
5.1.7
The Development Authority shall require an Accessory Building or structure
on a Double Fronting Site to provide a Front Yard on each public roadway,
other than a lane, in accordance with the Front Yard requirements of the
district in which the Site is located.
5.1.8
Accessory Buildings shall be constructed with exterior Building materials
compatible with those of the Principal Building.
5.2
Bed & Breakfast Accommodation
5.2.1
Bed & Breakfast accommodation shall not interfere with the rights of other
residents to quiet enjoyment of a residential neighbourhood. Bed &
Breakfast accommodation shall be an incidental and subordinate use to the
principal residential use, shall be restricted to the Dwelling Unit and shall
not:
(a)
Require any alterations to the Principal Building that would change
the principal character or external appearance of the dwelling unless
the alterations are approved by the Development Authority;
(b)
Create a nuisance by way of noise, parking or traffic generation;
(c)
Allow for stays exceeding 21 days;
(d)
Utilize more than 3 rooms in addition to those of occupant; and
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(e)
Display any form of advertising, other than an identification sign,
relating to the Bed & Breakfast operation on-Site.
5.2.2
A Bed & Breakfast permit may be issued for no longer than a 5 year period.
5.2.3
No food preparation or cooking for or by guests shall be conducted within
any guestroom.
5.2.4
The Development Permit pertaining to a Bed & Breakfast accommodation
issued under this Bylaw shall only be valid for the period of time the
Dwelling Unit is occupied by the applicant.
5.2.5
Within 90 days of a permit's expiration, the operator may apply for a new
Development Permit. In considering the application, the Development
Officer may:
(a)
Request additional information in support of making a determination
on the renewal application;
(b)
Refuse a renewal application if there is indication that the use has
been detrimental to the amenity of the neighbourhood.
5.3
Drive Through Restaurants
5.3.1
Outdoor speakers may not be located within twenty (20) Metres of a
property line of any parcel designated as a residential district, unless they
are separated from a residential district by a Building.
5.3.2
Drive through restaurants must screen any drive through aisles that are
adjacent to a residential district and must not have any drive through aisles
in a setback area.
5.3.3
The operation must fence any drive through aisles, where necessary, to
prevent access to a lane or street.
5.3.4
The drive through operation must have space on-Site for 3 motor vehicles
and parking for the restaurant as per the parking guidelines of this Bylaw,
along with a minimum of bicycle parking for a minimum of 4 bicycles.
5.4
Home Occupations
5.4.1
The purpose of a Home Occupation is to provide the opportunity for a small
self-contained business in a residential area that has limited or no impacts
on the property.
5.4.2
For the purposes of this Bylaw Home Occupations are defined into three
distinct categories:
(a)
Home Occupation 1 - Phone and Desk means a Home Occupation
within a Principal Building intended for home offices or similar desk
workspaces whereby the workspace consists mainly of a desk, phone,
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printer, computer and related equipment; there are no customer
visits to the Site, and there are no on-premise sales;
(b)
Home Occupation 2 - Minor means a Home Occupation within a
principal dwelling or Accessory Building whereby:
(i)
On-premise sales or customer visits total less than 10 per
week,
(ii)
There are no indoor display of goods,
(iii)
No food is being prepared and/or sold,
(iv)
There are no off-Site employees,
(v)
No outdoor storage, and
(vi)
The total Floor Area for the Home Occupation is less than 30%
of the total Floor Area of the principal dwelling on the
property.
(c)
Home Occupation 3 - Major means a Home Occupation within a
principal dwelling or Accessory Building whereby:
(i)
On-premise sales or customer visits may total 10 or more per
week, but do not exceed 20,
(ii)
May include indoor display of goods,
(iii)
food may be prepared and/or sold,
(iv)
off-Site employees may be present up to a maximum of 3,
(v)
outdoor storage may be present, and the total Floor Area for
the Home Occupation may exceed 30% of the total Floor Area
of the principal dwelling on the property but does not exceed
45% of the principal dwelling.
5.4.3
As per Section 3.2 Development Permit Not Required, a Home Occupation
1- Phone & Desk whereby no customers visit the Site and there are no on-
premise sales does not require a Development Permit. A business license
may be required.
5.4.4
The Development Authority may issue a Temporary Development Permit for
a Home Occupation for a period not exceeding one year. An applicant may
seek renewal for a Home Occupation permit each year.
5.4.5
All Home Occupations shall comply with the following:
(a)
The Home Occupation use shall not generate noise, smoke, steam,
odour, dust, fumes, exhaust, vibration, heat, glare, or refuse matter
considered offensive or excessive by the Development Authority. At
all times the privacy of the adjacent residential dwellings shall be
preserved, and the Home Occupation shall not, in the opinion of the
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Development Authority, unduly offend or otherwise interfere with
neighbouring or adjacent residents;
(b)
There shall not be any form of advertising, other than an
identification sign, related to the occupation discernible from the
outside of the Building as allowed in this Bylaw;
(c)
The Home Occupation use shall not generate vehicular traffic in
excess of that which is characteristic of the Residential District in
which it is located;
(d)
Alterations to the principal and Accessory Buildings may be allowed at
the discretion of the Development Authority; and
(e)
The Home Occupation use shall be operated as a secondary use only
and shall not change the principal character or external appearance of
the dwelling involved.
5.5
Manufactured / Modular / Ready-to-Move Homes
5.5.1
Eligible manufactured / modular / ready-to-move homes include:
(a)
New factory-built units; and
(b)
Used factory-built units and in a good state of repair (to the
satisfaction of the Development Authority).
5.5.2
All Manufactured, Modular and Ready-to-Move homes must be approved by
the CSA and Alberta Building Code, whose regulations may change from
time to time.
5.5.3
All Manufactured, Modular and Ready-to-Move homes must comply with all
Alberta and National Building Code and ensure electrical and plumbing is
inspected and meets standards.
5.5.4
All Manufactured, Modular and Ready-to-Move homes must be fixed to a
permanent foundation or blocked and anchored on the parcel, have hitches
removed, and be skirted in a complimentary fashion to the primary structure
and to the satisfaction of the Development Authority.
5.6
Moved-in or Relocated Buildings
5.6.1
All Developments involving a moved-in or relocated Building shall comply
with the following:
(a)
The Development Authority may inspect the proposed Building or
require a third-party review on its behalf, at the developer's expense,
prior to being relocated into Town;
(b)
All Development applications involving a moved-in Building must be
accompanied by a recent colour photograph showing each elevation
of the structure;
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(c)
Where a Development Permit has been granted for the relocation of a
Building either on the same Site or from another Site, the
Development Authority shall require the applicant to provide a letter
of credit in such an amount to ensure completion of any renovations
set out as a condition of approval of a permit;
(d)
Where a Development Permit has been granted for the relocation of a
Building either on the Site, or from another Site, the Development
Officer shall require the applicant to indemnify the Municipality
against any damages that may occur to public or quasi-public utilities
as a result of the relocation in the form of insurance;
(e)
All exterior and structural renovations to a relocated Building are to
be completed within 1 year of the issuance of the Development
Permit.
5.7
Multiple Use or Mixed-Use Development
5.7.1
A mixed-use Development includes a Building, including commercial, office,
light industrial, residential, and institutional uses in the same structure.
5.7.2
Residential use included in a commercial Building should be located on the
second floor or above and must have separate entrance, distinct from the
non-residential use access to the residential area. This requirement may be
relaxed at the discretion of the Development Authority.
5.7.3
A multiple use Building is allowed only 1 servicing connection per utility.
5.7.4
On-Site parking requirements shall be provided at 1 stall per residential
unit, dedicated and reserved for the residential unit.
5.8
Private Swimming Pools, Hot Tubs and Water Features in Residential
Areas
5.8.1
A private swimming pool shall be enclosed with 1.8 Metres high fence
constructed of chain link, metal, wood, stone or other material having an
equivalent degree of strength, designed to reasonably deter children from
climbing it to gain access to the fenced in area.
5.8.2
A hot tub shall be secured against entry by individuals other than the owner
or tenant and their guests.
5.8.3
All private swimming pools shall be connected to the Town's water and
sanitary sewer system in accordance with Provincial requirements.
5.8.4
A lighting system installed in conjunction with a swimming pool shall be
arranged in such a manner that it does not interfere with the amenities of
the adjacent properties.
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5.9
Recreational Vehicles
5.9.1
On a parcel containing a dwelling, Recreational Vehicles can be stored
outside year-round.
5.9.2
Recreational Vehicles that are stored or parked in the Side Yard shall not
extend into the Front Yard past the Principal Building and the area used for
storage must be gravel or paved.
5.9.3
A Recreational Vehicle shall not be used as a residence, a Commercial
Building, an Accessory Building, or a Sign in any district.
5.10 Secondary Suites
5.10.1
A Secondary Suite means:
(a)
A second self-contained accessory Dwelling Unit that can be either:
(i)
Within the existing principal dwelling;
(ii)
Within a self-contained detached accessory dwelling (i.e.
garden suite), or
(iii)
Over a detached Garage (i.e. a carriage suite), and
(b)
must meet all relevant Provincial regulations, and
(c)
shall not exceed the Floor Area of the principal dwelling.
5.10.2
A Secondary Suite shall be subordinate to the principal dwelling.
5.10.3
The subdivision of a Secondary Suite is not allowed.
5.10.4
The Secondary Suite must have a separate entrance and access.
5.10.5
If the Secondary Suite is detached from the principal dwelling it shall be
designed to match or complement the existing principal dwelling in design
and exterior finishing materials.
5.10.6
A detached Secondary Suite shall take into consideration the potential effect
of the Development on the privacy of adjacent properties regarding such
potential issues as window placement, landings for entrances, outdoor
Amenity Area and height.
5.10.7
Any detached Secondary Suite must be constructed in the Rear Yard of the
principal dwelling.
5.10.8
On a lot where a Secondary Suite is to be located, only 1 servicing
connection per utility will be allowed.
5.10.9
No part of the Garage below a Secondary Suite may be used as part of the
suite and may only be used for vehicle Garage.
5.10.10
The maximum Site coverage for a Secondary Suite shall not exceed 15%.
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5.10.11
A Building capable of accommodating a Secondary Suite and private Garage
shall be a maximum of 100% of the height of the existing Principal Building
or 10 Metres in height, whichever is lesser.
5.10.12
A Building capable of accommodating a Secondary Suite over a detached
Garage shall be located a minimum of 5 Metres from the Principal Building.
5.10.13
All lots with a Secondary Suite must have a Driveway or rear lane that
provides access to the Secondary Suite.
5.10.14
Outdoor Amenity Area for a Secondary Suite shall be a minimum area of 25
Square Metres and shall be provided between the rear of the Principal
Building and the Garage and may include Balcony, terrace or Patio space.
5.11 Show Homes
5.11.1
The construction and use of an unoccupied Dwelling Unit for the purpose of
a Show Home for the sale of other dwellings by the same builder of other
Dwelling Units within the same approved subdivision requires a
Development Permit.
5.11.2
The conditions of the Development Permit for the Show Home(s) may
require the developer to provide information on the advertising signs and
features. All advertising signs and features shall be removed immediately
upon the cessation of use of the Building as a Show Home.
5.12 Shipping Containers
5.12.1
A Shipping Container is considered an Accessory Building and, in addition to
the regulations stated in this section of the Bylaw, shall comply with all
regulations in the applicable Land Use District pertaining to Accessory
Buildings.
5.12.2
A Shipping Container may be used for Temporary storage subject to the
following conditions:
(a)
The Shipping Container is only used during the construction of a
Building or Development;
(b)
All required permits have been obtained for construction of the
Building or Development on the Site; and
(c)
The Shipping Container is removed within 15 days of the end of the
construction period.
5.12.3
A Shipping Container used for permanent storage shall be subject to the
following:
(a)
The Alberta Safety Codes and all legislation applicable to electrical
and fire safety;
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(b)
The Shipping Container shall not be used for the housing of animals,
storage of refuse, or for contaminated or hazardous material;
(c)
The Shipping Container shall not be used as fencing, Screening, or for
advertising;
(d)
The Shipping Container(s) shall not be stacked or otherwise raised on
a structure;
(e)
The Shipping Container shall not occupy required Off-Street Parking
and/or Loading Spaces or interfere with the circulation of vehicle or
pedestrians; and
(f)
Within any residential "R" district the shipping container shall:
(i)
be limited to a maximum of one per lot;
(ii)
have a peaked roof with a minimum pitch of 3/12; and
(iii)
be covered in a suitable material and colour that matches or
complements adjacent buildings.
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6.
PART 6 Signs
Note to reader:
The following sign regulations are based on a fundamental understanding of the 3
components of a sign as described below:
1. Sign Copy Content: This means the message on a sign and can be divided
into two categories.
a. Off-premise copy content
b. On-premise copy content
2. Sign Copy Display Types: Further - the copy can be displayed using
various techniques which is separated into two categories.
a. Hard Copy / Fixed
b. Animated / Digital
3. Sign Structure or Sign Type: This means the structure on which the sign
copy is displayed (e.g. freestanding, Canopy, window).
6.1
Signs - Development Application Requirements
6.1.1
No person shall erect, place, alter or commence any sign within the
Municipality without having first obtained a Development Permit unless the
Bylaw exempts the sign from requiring a Development Permit.
6.1.2
The Development Authority shall determined the type of sign based on the
sign structure, content displayed, and location.
6.1.3
An application for a Development Permit for a sign shall be made to the
Development Officer using the prescribed form, signed by the registered
owner or their agent and accompanied by:
(a)
The municipal address of the land or Building where the sign is to be
erected;
(b)
The legal description of the land on which the proposed sign is to be
erected;
(c)
The name of the business or Development where the sign is to be
erected;
(d)
The applicant's name, address and telephone number and where the
applicant is not the owner of the sign or land, the name, address and
telephone number of the sign or landowner;
(e)
For portable signs, the length of time the sign is to be displayed at
the location address, and a Site Plan showing the location of the sign
on the Site in relation to property lines, existing buildings and public
roads; and
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(f)
A drawing, sketch or manufacturers illustration for the proposed sign
showing:
(i)
the overall dimensions;
(ii)
the method of illumination, if any;
(iii)
the materials from which the sign is to be constructed;
(iv)
the copy/text on the sign and the method to display the copy
(e.g. fixed lettering/graphics, digital/animated, rotating
letters, or changeable letters);
(v)
method used to support the sign including type of wall
construction if the sign is anchored to a Building or the size
and depth of all concrete footings for freestanding signs;
(vi)
where applicable, the location of the sign on the Building;
(vii)
relationship and height of the sign to any sidewalks or
pedestrian passageways that the proposed sign will extend
over;
(viii)
the total height of the sign above Grade;
(ix)
the clearance from Grade of the lowest portion of the sign;
(x)
the maximum extension of the sign above the Building roof or
Parapet wall; and
(xi)
for Canopy Signs or Awnings on commercial buildings, a
drawing, sketch or manufacturers illustration showing the
dimensions, the projection, the sidewalk relationship and any
copy or text proposed on the Awning or Canopy.
6.2
Signs - Not Requiring a Development Permit
6.2.1
Signs not requiring a Development Permit provided all such signs are
suitably maintained to the satisfaction of the Development Authority and
otherwise comply with this Bylaw, no sign permit is required for the
following types of signs:
(a)
Construction signs provided such signs are removed within 14 days of
the completion of construction;
(b)
Memorial signs;
(c)
Window signs;
(d)
Political Posters placed 45 days prior to an election day or plebiscite
provided all such signs are removed within 48 hours after the
completion of the relevant election or plebiscite, and comply with the
following requirements;
(i)
Signs shall not be allowed on public property;
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(ii)
Signs cannot emit sounds, use video features or be
illuminated;
(iii)
Signs shall be maintained in a condition that is neat and shall
not be unsightly or dangerous;
(iv)
Signs shall not interfere with or be confused with traffic control
devices;
(v)
Signs shall not interfere with the safe and orderly movement
of pedestrians or vehicles, or restrict the sight lines for
pedestrians or drivers;
(vi)
Signs shall be a minimum of 3 Metres from any access,
sidewalk, or pathway, and at least 5 Metres from any
intersection;
(vii)
Signs shall not exceed 1.1 Square Metres in area, 1.2 Metres
in height, and shall be self-supporting;
(e)
Real estate signs provided all such signs are removed within 30 days
after the sale or lease of the premises upon which the sign is located;
(f)
Residency identification signs provided the sign is no greater than
0.37 Square Metres in area;
(g)
Garage sale signs provided the owner of the property upon which the
sign is located has approved its placement and that the sign is
removed immediately upon the conclusion of the sale;
(h)
Sandwich Board (A-Board) signs where the owner of the sign submits
to the Development Officer written authorization from the owner of
land where the sign is to be located and where the sign is removed
from that location on a daily basis;
(i)
Informational Signs with on-premises sign copy content and
incidental signs 0.19 Square Metres or less in area;
(j)
Signs, notices, placards or bulletins required or approved to be
displayed:
(i)
pursuant to the provisions of Federal, Provincial or municipal
legislation;
(ii)
by or on behalf of the Federal, Provincial or municipal
government; or
(iii)
on behalf of a department, a commission, a board, a
committee or an official of the Federal, Provincial or municipal
government.
(k)
Municipal road signs used for street name identification or traffic
direction and control;
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(l)
Residential subdivision entrance signs that have been included on
subdivision drawings;
(m) Developer direction signs placed within a new Development area;
(n)
The name or address of a Building when it is sculptured or formed out
of or in the fabric of the Building face;
(o)
Street numbers or letters displayed on a premise where together the
total copy area is less than 1.2 square Metres;
(p)
Signs displayed on enclosed land where they are not readily visible to
the public, i.e.: Golf Course, rodeo grounds, Campgrounds; and
(q)
Business Roadway Signage administered by the Town of Irricana.
6.3
Signs - General Regulations
6.3.1
All signs shall be maintained in a safe and tidy manner to the satisfaction of
the Development Authority.
6.3.2
No sign shall be relocated or substantially repaired or altered unless
authorized by a Development Permit; however, no Development Permit is
required to clean, repaint or otherwise maintain any sign.
6.3.3
All signs shall, in the opinion of the Development Authority, be of quality
construction and of a design suitable for public display.
6.3.4
The Development Authority shall give due consideration to any sign
guidelines that may be adopted by resolution of Council.
6.3.5
The color, design and shape of all signs shall be to the satisfaction of the
Development Authority.
6.3.6
No sign shall be placed in a Public Place or Sited in such a manner that, in
the opinion of the Development Authority, causes confusion with or
obstructs the vision of any information or traffic control sign, signal, light of
other device, or obstructs vehicular of pedestrian traffic.
6.3.7
No sign shall be located or placed in such a manner that, in the opinion of
the Development Authority, will create a potential hazard or conflict with the
routing of any Public Utility.
6.3.8
A sign shall not be attached to a light standard or utility pole unless a permit
has been granted by the Development Authority.
6.3.9
Any sign located on, erected on or attached to public property without
authorization from the Town, may be removed without notice.
6.3.10
Non-compliance with any regulation of this Bylaw may result in the Town
removing a sign without notice and any cost associated with its removal
may be charged to the sign owner.
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6.3.11
Any sign removed by the Town may be held for 30 days after removal.
6.3.12
In the event a sign has been vandalized, the owner of the sign shall remedy
the sign within 48 hours. If the owner fails to remedy the sign in the
prescribed time, the Town is authorized to remedy the sign with or without
notice and any cost associated with the remedy may be charged to the sign
owner.
6.3.13
The source of light for any illuminated sign shall be steady and suitably
shielded to the satisfaction of the Development Authority.
6.3.14
Banner signs may be allowed as Temporary signs only.
6.4
Signs - Maximum Number of Primary Signs
6.4.1
For the purposes of this Bylaw, Primary signs shall be defined as any
combination of the following types of signs:
(a)
Freestanding;
(b)
Projecting and overhanging;
(c)
Fascia and wall;
(d)
Canopy; and
(e)
Roof.
6.4.2
Unless otherwise specified in this Bylaw, the maximum number of primary
signs allowed on a lot shall be in accordance with the following:
(a)
For any lot with single Frontage the maximum is 3.
(b)
For any lot with 2 or more Frontages the maximum number of signs
allowed is 4.
6.5
Signs - Maximum Sign Area for Primary Signs
6.5.1
Unless otherwise specified in this Bylaw, the maximum sign area of all
primary signs on a lot shall be in accordance with the following:
(a)
For any lot with single Frontage the maximum is 14 Square Metres;
and
(b)
For any lot with 2 or more Frontages the maximum is 18.5 square
Metres.
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6.6
Sign Types - Specific Regulations
6.6.1
Sign Type 1 - Freestanding Signs
Freestanding Sign: means any sign or display supported by a freestanding
column or structure.
(a)
No more than 1 freestanding sign per Frontage or a total of 2
freestanding signs shall be located on a single lot or premises
(b)
No freestanding sign shall exceed 7.6 Metres in height.
(c)
All freestanding signs shall be completely located on the same lot as
the use being advertised, with the exception of direction off-premises
and billboard signs..
(d)
With the exception of billboards, the sign area of a freestanding sign
shall not exceed 6.5 Square Metres per face.
(e)
With the exception of directional off-premises signs, no part of a
freestanding sign located in the proximity of traffic shall be less than
2.7 Metres above ground or sidewalk Grade.
6.6.2
Sign Type 2 - Projecting Signs
Projecting Sign: means a sign that is wholly or partly dependent upon a
Building for support and which projects more than 0.3 Metres from such Building.
(a)
Any projecting sign that is allowed to project over public property
shall have minimum clearance above ground or sidewalk Grade of at
least 2.7 Metres.
(b)
The sign area of a projecting sign shall not exceed 1.5 Square Metres
per face.
(c)
All projecting signs shall be securely fastened to the Building or
structure to the satisfaction of the Development Authority.
(d)
No part of a projecting sign shall project horizontally more than 1.5
Metres over any Public Place or extend within 1.5 Metres of the edge
of a curb or a roadway.
(e)
No projecting sign may be located within 0.5 Metres of the top of a
Parapet or a Roofline.
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6.6.3
Sign Type 3 - Facia and Wall Signs
Fascia Sign: means a sign attached across the face of a Building, located
approximately parallel thereto, in such a manner that the wall becomes the
supporting structure for, or forms the background surface of the sing, which does
not project more than 0.3 Metres from the Building or structure supporting said
sign.
Wall Sign: means a sign fastened to or painted on the wall of a Building.
(a)
Fascia signs and wall signs are allowed only in conjunction with
authorized commercial, industrial, railway and public and quasi-public
land use.
(b)
No more than 1 fascia or wall sign per Frontage or where there are 2
or more Frontages, a total of 2 such signs may be located on a single
lot or premises and shall be completely located on the same Site as
the use being advertised.
(c)
The sign area of a fascia or wall sign for a commercial or industrial
use shall not exceed the lesser of 6.5 Square Metres or 20% of the
exterior wall unit on which it is attached or located.
(d)
Whenever there is an identifiable sign band, fascia and wall signs
should be of a consistent size and located near the same level as
other similar signs on the premises and adjacent buildings.
(e)
No fascia or wall sign may be located within 0.5 Metres of the top of a
Parapet or a Roofline.
6.6.4
Sign Type 4 - Canopy Signs
Canopy Sign: means a sign that is mounted, painted or otherwise attached to an
Awning, Canopy or Marquee.
(a)
The copy area of a Canopy Sign shall not exceed the lesser of 9.3
Square Metres or 30% of the area of each side of the Awning, Canopy
or Marquee to which it is mounted, painted on or otherwise attached.
(b)
No more than 1 Canopy Sign per Frontage or where there are 2 or
more Frontages, a total of 2 such signs may be located on a single lot
or premise.
(c)
No part of a Canopy Sign, exclusive of any supports, shall be less
than 2.7 Metres above ground or sidewalk Grade.
(d)
No part of a Canopy Sign shall project more than 1.5 Metres over any
Public Place or extend within 0.9 Metres of the edge of a curb or a
roadway without the approval of the Development Authority.
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(e)
No Canopy Sign shall be located within 0.5 Metres of the top of a
Parapet or a Roofline.
6.6.5
Sign Type 5 - Portable Signs
Portable Sign: means a sign that is not permanently affixed to a Building,
structure or the ground and is supported on a structure allowing it to be readily
moved from one location to another.
(a)
The sign area of a portable sign shall not exceed 4.5 Square Metres.
(b)
No more than 1 portable sign per Frontage or where there are more
than 2 Frontages, a total of 2 portable signs may be located on a
single lot or premise.
(c)
No portable sign shall extend or project into any Public Place or
beyond the boundaries of the lot or premises upon which it is Sited
without the approval of the Development Authority.
(d)
Each portable sign permit issued shall be valid for a maximum of 30
days.
6.6.6
Sign Type 6 - Sandwich Board (A-Board) Signs
Sandwich Board Sign means a self-supporting A-shaped sign or sandwich
board which is set upon the ground and has no external supporting structure.
(a)
Shall not exceed 1 meter in width and 1 meter in height.
(b)
Shall not impede the safe movement of pedestrian and vehicular
traffic.
(c)
Shall be removed from its location on a daily basis.
(d)
Shall not exceed 1 sign per Site.
(e)
Shall be produced in a professional manner, be neat and clean and be
maintained as such.
6.6.7
Sign Type 7 - Informational Signs
Informational Sign: means a sign the message of which is limited to providing
directions and information necessary or convenient for persons coming onto the
property, including signs marking entrances, exits, parking areas, circulation
direction, rest rooms, and pick-up and delivery areas.
(a)
Any informational sign greater than 0.19 square in area and that is
not erected by the Town of Irricana, the Provincial or Federal
Government, requires a Development Permit.
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(b)
Informational signs are not included in the computation of any limits
of this Bylaw that may restrict the number of signs that may be
located on a single lot or premises.
(c)
Where Informational Signs contain sign copy that is Directional Off-
Premise in nature the sign must comply with Directional Off-premises
Sign guidelines.
6.6.8
Sign Type 8 - Temporary Signs
Sign: Temporary means a sign allowed, designed or intended to be displayed
for a short period of time.
(a)
A maximum of 1 temporary sign may be allowed on a single lot or
premises provided that the sign will not create a traffic or safety
hazard or obstruct the public's view of any other sign.
(b)
For the purposes of this Bylaw, all Merchandising Aids and banner
signs shall be considered as temporary signs.
(c)
No temporary sign is to remain on the premises for longer than a
total accumulation of 30 days per calendar year.
(d)
All temporary signs shall be in compliance with all other provisions of
this Bylaw unless specifically exempted.
6.6.9
Sign Type 9 - Secondary Signs
Secondary Sign: means any sign advertising or otherwise related to an
occupation or use that is not the primary use of the premises.
(a)
A maximum of 1 secondary sign per use may be approved by the
Development Authority.
(b)
The sign area of all secondary signs located on a single lot or
premises shall not exceed 20% of the maximum allowable sign area
for the principal occupant's sign(s).
(c)
The sign area of a secondary sign for each use in a multi-tenant
Building having individual Frontages for each use, shall not exceed
15% of the total area of the Frontage of each use.
(d)
Secondary signs may be located only above a window or doorway or
overhanging a doorway and shall comply with all other provisions of
this Bylaw unless specifically exempted.
(e)
Secondary signs are not included in the computation of any limits of
this Bylaw that may restrict the number of signs that may be located
on a single lot or premises.
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6.6.10
Sign Type 10 - Multiple Listing Signs
Multiple Listing or Multi-tenant Sign: means a sign that contains within one
(1) structural frame two (2) or more smaller signs, each of which identifies or
advertises a different business, organization or facility.
(a)
No more than 1 multiple listing sign per Frontage or a total of 2
multiple listing signs shall be located on a single lot or premise.
(b)
All multiple listing signs shall be completely located on the same lot
as the use being advertised, with the exception of directional off-
premises and Town billboard signs approved in accordance with the
provisions of this Bylaw.
(c)
Each component sign, panel or advertisement comprising a multiple
listing sign shall be manufactured of the same materials, confined in
the same frame and be of a design acceptable to the owner of the
entire sign.
(d)
All multiple listing signs shall be in compliance with all other
provisions of this Bylaw unless specifically exempted.
6.6.11
Sign Type 11 - Directional Off-premises Signs
Directional-off Premises Sign: means any sign which advertises, directs or
otherwise identifies a service, facility, product or activity to be found at a location
other than the premises on which the sign is located.
(a)
Directional off-premises signs and locations shall be approved by the
Development Officer.
(b)
All directional off-premises signs shall be located on Town-owned,
Town-sponsored or Town-approved sign structures.
(c)
Directional off-premises signs may be located at the discretion of the
Development Officer in any area of the Town including a Public Place,
with the exception of:
(i)
an area designated as residential pursuant to this Bylaw;
(ii)
a sign-clutter area; or
(iii)
a Boulevard, unless any residents or landowners of property
adjacent to the Boulevard have not objected to the placement
of the proposed sign.
(d)
Spot illumination may be used in directional off-premises signs,
provided they meet all Provincial traffic safety standards.
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(e)
All permits for directional off-premises sign structures are valid for a
period of 5 years.
(f)
All directional off-premises signs shall comply with all other provisions
of this Bylaw unless specifically exempted.
6.6.12
Sign Type 12 - Billboards
Billboard Sign: means a sign structure designed and intended to provide a
leasable advertising copy area of not less than 18.5 Square Metres and not more
than 40.1 Square Metres where the copy can be periodically replaced.
(a)
Billboards may be located at the discretion of the Municipal Planning
Commission on land adjacent to Highway 9 within the Town, including
a Public Place provided that there shall be no more than 1 billboard
every 800 Metres.
(b)
Any billboard approved by the Municipal Planning Commission shall
also conform to Alberta Transportation and Infrastructure setbacks
and demonstrate an approved Roadside Permit from Alberta
Transportation.
(c)
The total area for a billboard shall not exceed 40.1 square Metres.
(d)
All billboards shall be located on Town approved structures
(e)
All billboards shall comply with all other provisions of this Bylaw
unless specifically exempted.
6.6.13
Sign Type 13 - Home Occupation Signs
(a)
An approved Home Occupation may have 1 sign that does not exceed
1,000 square centimetres and may only include the name of the
business.
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7.
PART 7 Land Use Districts
7.1
Districts
7.1.1
For the purpose of this Bylaw, the land within the boundaries of the
Municipality shall be divided into one or more of the following districts:
(a)
Residential Single Detached District (R-1)
(b)
Residential Two-Dwelling District (R-2)
(c)
Residential Multi Unit District (R-MU)
(d)
Residential Manufactured Home District (R-MH)
(e)
Central Business District (CBD)
(f)
Light Industrial District (I-L)
(g)
Public Park, School and Recreation District (PSR)
(h)
Urban Reserve District (UR)
(i)
Direct Control Districts (DC)
7.1.2
In this Bylaw, a district may be referred to either by its full name or its
abbreviation as set out in this Section.
7.2
Land Use Map
7.2.1
The Municipality is hereby divided into districts and their boundaries are
delineated on Map 1, which is known as the Land Use Map.
7.2.2
The Land Use Map is that Map attached to and forming part of this Bylaw.
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Map 1 Land Use Map
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7.3
Residential Single Detached District (R-1)
7.3.1
The purpose of this district is to provide for residential Development in the
form of single detached dwellings.
7.3.2
Permitted Uses:
(a)
Accessory Buildings
(b)
Dwelling, Single Detached;
(c)
Home Occupation 2 - Minor
(d)
Utilities
7.3.3
Discretionary Uses:
(a)
Bed & Breakfast Accommodation
(b)
Day Care Facility
(c)
Dwellings Duplex;
(d)
Dwellings Semi-Detached;
(e)
Group Care Facility
(f)
Home Occupation 3 - Major
(g)
Nursery School
(h)
Private Swimming Pools
(i)
Religious Institution
(j)
Secondary Suite
(k)
Senior Citizen Accommodation
(l)
Show Home
(m) Signs:
(i)
Sign Type 5 - Portable
(ii)
Sign Type 6 - Sandwich Board
(iii)
Sign Type 7 - Informational
(iv)
Sign Type 8 - Temporary
(v)
Sign Type 9 - Secondary
(vi)
Sign Type 11 - Directional Off-premises Sign
7.3.4
In addition to the General Land Use Rules contained in Part 4, the following
provisions, as contained within this section shall apply to every Development
in this district.
7.3.5
Special Requirements:
(a)
Landscaping is required and shall be provided in accordance with the
Landscaping and fencing requirements in Section 4.8
7.3.6
Minimum Lot Area Requirements shall be in accordance with the following:
(a)
Dwellings, Single-
Detached
400m²
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(b)
Dwellings, Semi-
Detached
(i)
279 m² each Dwelling Unit
(ii)
326 m² for each Dwelling Unit with a
Side Yard Abutting a street
(c)
Duplexes
464 m²
7.3.7
Minimum Lot Width Requirements shall be in accordance with the following:
(a)
Dwellings, Single-
Detached
13 Metres
(b)
Dwellings, Semi-Detached
(i) 9 Metres for each Dwelling Unit
(ii) 10.5 Metres for each Dwelling Unit with a
Side Yard Abutting a street
(c)
Duplexes
15 Metres
7.3.8
Minimum Front Yard Requirements shall be in accordance with the following:
Minimum Front Yard
Depth
6.0 Metres (19.68 ft)
7.3.9
Minimum Side Yard (laned lot) Requirements shall be in accordance with the
following:
(a) Principal
Buildings:
(i) Street side
of a Corner
Site:
3.0 Metres in depth
(ii) All other
Sites:
1.5 Metres in depth
(b) Accessory
Buildings
(i) Street side
of a Corner Lot:
3.0 Metres in depth
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(ii) All other
sides:
1.5 Metres in depth except where a
larger setback is required by Alberta
Building Code.
7.3.10
Minimum Side Yard (laneless lot) Requirements shall be in accordance with
the following:
(a) Principal
Buildings:
(i) With attached
Garages:
1.5 Metres in depth
(ii) Without attached
Garages:
one unobstructed Side
Yard 3 Metres in depth,
the remaining Side Yard
1.5 Metres in depth
(iii) Street side of a
Corner Site:
3.0 Metres in depth
(b) Accessory
Buildings
(i) Street Side of a Corner
Site:
3.0 Metres in depth
(ii) All Other Lots:
1 Metre except where a
larger setback is required
by Alberta Building Code.
7.3.11
Minimum Rear Yard Requirements shall be in accordance with the following:
(a) Principal Building
8 Metres
(b) Accessory
Buildings
(i) Accessory Buildings
with a 61 cm eave:
1.5 Metres in depth
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(ii) All other Accessory
Buildings:
1.5 Metres except where a
larger setback is required
by Alberta Building Code.
7.3.12
Minimum habitable Floor Area per dwelling shall be in accordance with the
following:
(a)
Dwelling Single-Detached:
93 m²
(b)
Semi-Detached Dwellings:
74 m²
(c)
Duplexes:
62 m²
7.3.13
Maximum Building Height shall be in accordance with the following:
(a)
Principal Buildings
10 Metres
(b)
Accessory Buildings
5 Metres
(c)
Secondary Suite
(Carriage)
100% of Principal Building or 10 Metres,
whichever is lesser.
7.3.14
Maximum Lot Coverage shall be in accordance with the following:
(a) All Buildings including Accessory
Buildings
50% of the lot area
(b) All Accessory Buildings
15% of the lot area
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7.4
Residential Two Dwelling Restricted District (R-2)
7.4.1
The purpose of this district is to provide for greater housing choice and more
efficient Land Use in the form of duplex, semi-detached, and single detached
residential Development.
7.4.2
Permitted Uses:
(a)
Accessory Building.
(b)
Dwellings Duplex;
(c)
Dwellings Semi-Detached;
(d)
Dwelling Single Detached;
(e)
Home Occupation 2 - Minor
(f)
Secondary Suite
(g)
Utilities;
7.4.3
Discretionary Uses:
(a)
Bed & Breakfast Accommodation
(b)
Day Care Facility
(c)
Group Home Facility
(d)
Home Occupation 3 - Major
(e)
Manufactured Home
(f)
Modular Home
(g)
Nursery School
(h)
Private Swimming Pools
(i)
Religious Institution
(j)
Secondary Suite
(k)
Senior Citizen Accommodation
(l)
Show Home
(m) Signs:
(i)
Sign Type 5 - Portable
(ii)
Sign Type 6 - Sandwich Board
(iii)
Sign Type 7 - Informational
(iv)
Sign Type 8 - Temporary
(v)
Sign Type 9 - Secondary
(vi)
Sign Type 11 - Directional Off-premises Sign
7.4.4
In addition to the General Land Use Rules contained in Part 4, the following
provisions, as contained within this section shall apply to every Development
in this district:
7.4.5
Minimum Lot Area Requirements shall be in accordance with the following:
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(a)
Dwellings, Single-
Detached
400 m²
(b)
Dwellings, Semi-
Detached
(i)
279 m² for each Dwelling Unit
(ii)
326 m² for each Dwelling Unit with a
Side Yard Abutting a street
(c)
Duplexes
464 m²
7.4.6
Minimum Lot Width Requirements shall be in accordance with the following:
(a)
Dwellings, Single-
Detached
13 Metres
(b)
Dwellings, Semi-Detached
(i) 9 Metres for each Dwelling Unit
(ii) 10.5 Metres for each Dwelling Unit with a
Side Yard Abutting a street
(c)
Duplexes
15 Metres
7.4.7
Minimum Front Yard Requirements shall be in accordance with the following:
Minimum Front Yard
Depth
6.0 Metres
7.4.8
Minimum Side Yard (laned lot) Requirements shall be in accordance with the
following:
(a) Principal
Buildings:
(i) Street side
of a Corner
Site:
3.0 Metres in depth
(ii) All other
Sites:
1.5 Metres in depth
(b) Accessory
Buildings
(i) Street side
of a Corner Lot:
3.0 Metres in depth
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(ii) All other
sides:
1.5 Metres in depth except where a
larger setback is required by Alberta
Building Code.
7.4.9
Minimum Side Yard (laneless lot) Requirements shall be in accordance with
the following:
(a) Principal
Buildings:
(i) With attached
Garages:
1.5 Metres in depth
(ii) Without attached
Garages:
one unobstructed Side
Yard 3 Metres in depth,
the remaining Side Yard
1.5 Metres in depth
(iii) Street side of a
Corner Site:
3.0 Metres in depth
(b) Accessory
Buildings
(i) Street Side of a
Corner Site:
3.0 Metres in depth
(ii) All Other Lots:
1.5 Metres except where
a larger setback is
required by Alberta
Building Code.
7.4.10
Minimum Rear Yard Requirements shall be in accordance with the following:
(a) Principal Building
8 Metres
(b) Accessory
Buildings
(i)
Accessory Buildings with a 61 cm eave: 1.5
Metres in depth
(ii)
All other Accessory Buildings: 1 meter except
where a larger setback is required by Alberta
Building Code.
7.4.11
Minimum habitable Floor Area per dwelling shall be in accordance with the
following:
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(a)
Dwelling Single-Detached:
93 m²
(b)
Manufactured Homes:
74 m²
(c)
Semi-Detached Dwellings:
74 m²
(d)
Duplexes:
62 m²
7.4.12
Maximum Building Height shall be in accordance with the following:
(a)
Principal Buildings
10 Metres
(b)
Accessory Buildings
5 Metres
(c)
Secondary Suite
100% of Principal Building or 10 Metres whichever
is lesser.
7.4.13
Maximum Lot Coverage shall be in accordance with the following:
(a) All Buildings including Accessory
Buildings
50% of the lot area
(b) All Accessory Buildings
15% of the lot area
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7.5
Residential - Manufactured Home District (R-MH)
7.5.1
The purpose of this district is to provide for a Manufactured Home residential
neighborhood in which single-wide and double-wide Manufactured Homes
are accommodated on an individual Site basis with permanent foundations
and individual service connections.
7.5.2
Permitted Uses:
(a)
Accessory Buildings
(b)
Detached Garages
(c)
Home Occupation 2 - Minor
(d)
Manufactured Dwelling
(e)
Modular Dwelling (New - not previously occupied)
(f)
Utilities
7.5.3
Discretionary Uses:
(a)
Day Care Facility
(b)
Modular Dwelling (Previously occupied)
(c)
Nursery School
(d)
Public or Quasi-Public Uses and Facilities
(e)
Show Home
(f)
Signs:
(i)
Sign Type 5 - Portable
(ii)
Sign Type 6 - Sandwich Board
(iii)
Sign Type 7 - Informational
(iv)
Sign Type 8 - Temporary
(v)
Sign Type 9 - Secondary
(vi)
Sign Type 11 - Directional Off-premises Sign
7.5.4
In addition to the General Land Use Rules contained in Part 4, the following
provisions, as contained within this section shall apply to every Development
in this district:
7.5.5
Minimum Lot Dimension Requirements shall be in accordance with the
following:
Lot Area
Lot Width
(a)
Single-wide
manufactured / modular
dwelling
(i) 372 m²
(ii) 12 Metres
(b)
Double-wide
manufactured / modular
dwelling
(i) 418 m²
(ii) 13.5 Metres
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7.5.6
Minimum Front Yard Requirements shall be in accordance with the following:
(a) Minimum Front Yard
Depth
6.0 Metres
7.5.7
Minimum Side Yard Requirements shall be in accordance with the following:
(a) Principal
Buildings:
(i) On the side of the
dwelling containing
the front entrance, or
living room window
a minimum Side Yard of 6
Metres shall be provided, and
the other Side Yard shall be a
minimum of 1.5 Metres
(ii) Street side of a
Corner Site:
3.0 Metres in depth
(iii) All other lots
1 Metre
(b) Accessory
Buildings
(i) Street side of a
Corner Lot:
3.0 Metres
(ii) All other sides:
1.5 Metres in depth except
where a larger setback is
required by Alberta Building
Code.
7.5.8
Minimum habitable Floor Area per dwelling shall be in accordance with the
following:
(a)
Principal Dwellings
67 m²
7.5.9
Maximum Building Height shall be in accordance with the following:
(a)
Principal Buildings
10 Metres
(b)
Accessory Buildings
5 Metres
7.5.10
Maximum Lot Coverage shall be in accordance with the following:
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(a) All Buildings including Accessory
Buildings
50% of the lot area
(b) All Accessory Buildings
15% of the lot area
7.5.11
Special Requirements
(a)
Landscaping is required and shall be provided in accordance with the
Landscaping and fencing requirements of Section 4.8.
(b)
All trailer hardware, including axles, wheels and hitches, shall be
removed from Manufactured Homes upon being permanently placed
or affixed to foundation or piers.
(c)
All Dwelling Units shall have a pitched roof. The minimum roof pitch
for Modular Homes shall be 2 in 12.
(d)
All accessory structures, additions, porches, skirting and storage
facilities shall be of a quality and appearance equivalent to the home.
(e)
Each Dwelling Unit shall be connected to and serviced by the Town of
Irricana sanitary treatment system, storm sewer system and water
supply. The service provider providing these services within the Town
of Irricana shall provide electric power, telephone systems and
natural gas.
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7.6
Central Business District (CBD)
7.6.1
The purpose of this District is to provide for business and retail
Developments serving the Town and the surrounding rural areas, within an
urban context.
7.6.2
Permitted Uses:
(a)
Alternative Health Care Service
(b)
Child Care Facilities
(c)
Day Care Facility
(d)
Financial Institutions
(e)
Food and/or Beverage Service Facility
(f)
Food Services
(g)
Hair Care business
(h)
Health Care Services
(i)
Professional Offices
(j)
Public Parks
(k)
Public or Quasi-Public Uses and Facilities
(l)
Signs:
(i)
Sign Type 3 - Fascia
(ii)
Sign Type 4 - Canopy
(iii)
Sign Type 5 - Portable
(iv)
Sign Type 7 - Informational
(m) Support Services
7.6.3
Discretionary Uses
(a)
Auto Body Repair Shop
(b)
Automotive Repair Shop
(c)
Cannabis Sales
(d)
Dwelling Unit(s) in a commercial or Mixed-Use Building
(e)
Gas Station
(f)
Home Occupation 2 - Minor (In an existing dwelling)
(g)
Home Occupation 3 - Major (In an existing dwelling)
(h)
Hotel/Motel
(i)
Liquor Sales
(j)
Parking Lot
(k)
Pet Care Services
(l)
Retail Sales
(m) Senior Citizen Accommodation
(n)
Service Station
(o)
Signs:
(i)
Sign Type 1 - Freestanding
(ii)
Sign Type 2 - Projecting
(iii)
Sign Type 8 - Temporary
(iv)
Sign Type 9 - Secondary
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(v)
Sign Type 10 - Multiple Listing
(vi)
Sign Type 11 - Directional Off-premises
(p)
Theater
(q)
Utilities
7.6.4
In addition to the General Land Use Rules contained in Part 4, the following
provisions, as contained within this section shall apply to every Development
in this district:
7.6.5
Minimum Lot Area Requirements shall be in accordance with the following:
(a)
Hotels / Motels
1,115 m²
(b)
Gas Stations
929 m²
(c)
Service Station
1858 m²
(d)
All other uses
267.68 m²
7.6.6
Minimum Lot Width Requirements shall be in accordance with the following:
(a)
Hotels / Motels
31 Metres
(b)
Gas Stations
30 Metres
(c)
Service Station
61 Metres
(d)
All other uses
7.5 Metres
7.6.7
Minimum Yard Requirements shall be in accordance with the following:
(a)
Minimum Front Yard
0.0m
(b)
Minimum Side Yard
(i) adjacent to a
residential district
3.0 Metres
(ii) all other
locations (not
adjacent to a
residential district)
None required, but if a
Yard is provided it shall
be a minimum of 1 Metre
(c)
Minimum Rear Yard
0.0m
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7.6.8
Maximum Building Height shall be in accordance with the following:
All buildings
11 Metres
7.6.9
Special Requirements:
(a)
Screening
(i)
All lots Abutting a Residential District shall be Screened from
the view of a Residential District to the satisfaction of the
Development Authority.
(ii)
Garbage bin locations, Screening and access shall be to the
satisfaction of the Development Authority.
(iii)
All apparatus on the roof shall be Screened to the satisfaction
of the Municipal Planning Commission.
(b)
Landscaping
(i)
A minimum of 5% of the lot area must be landscaped
according to a landscape plan considered appropriate by the
Municipal Planning Commission or Development Officer. The
Municipal Planning Commission or Development Officer as part
of the 5% Landscaping requirement may consider fixtures to
buildings, internal atriums or other attractive features.
(ii)
All Landscaping shall conform to the Landscaping and fencing
requirements of Section 4.8.
(c)
Non-Residential Land Use and Adjacent Residential Land Use:
(i)
In order to limit the potential impact of non-residential
activities within the CBD on adjacent residential areas,
Development and Redevelopment of lands within the CBD
should accommodate non- residential uses that are oriented to
2nd Street and not toward adjacent residential areas or local
residential streets.
(ii)
The use, Building form, height, materials and orientation of
new non-residential Development within the CBD should be
generally compatible with the character and scale of adjacent
residential areas. The privacy and amenity value of adjacent
residential lands should be respected by encouraging non-
residential Development, which minimizes overlooking and
overshadowing of adjacent residential lands.
(iii)
The transition between non-residential land use in the CBD
and adjacent residential land uses should be addressed
through Building design, Building scale and Site Landscaping in
order to mitigate potential land use conflicts.
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(iv)
All non-residential servicing areas such as loading areas and
service entrances shall be Screened from adjacent residential
areas.
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7.7
Light Industrial District (I-L)
7.7.1
The purpose of this District is to provide for a range of light industrial uses
of a manufacturing, processing, assembling, or distributing nature, which
carry on a portion of their operation outdoors, or require outdoor storage.
7.7.2
Permitted Uses:
(a)
Agricultural Equipment Sales and Service
(b)
Auctioneering Establishment
(c)
Bottle Depot
(d)
Distribution Center
(e)
Equipment Rental, Sales and Service (Light)
(f)
Fitness Centre
(g)
General Industrial Uses, Minor Impact
(h)
Parking Lot
(i)
Public or Quasi-Public Uses and Facilities
(j)
Retail Sales
(k)
Signs:
(i)
Sign Type 3 - Fascia
(ii)
Sign Type 4 - Canopy
(iii)
Sign Type 7 - Informational
(iv)
Sign Type 8 - Temporary
(v)
Sign Type 9 - Secondary
(l)
Storage Facility
(m) Veterinary Clinic
(n)
Warehouse
7.7.3
Discretionary Uses:
(a)
Adult Entertainment Establishment
(b)
Auto Salvage Yard
(c)
Auto Body Repair
(d)
Automotive or Equipment Repair Shop
(e)
Agri-Plex
(f)
Equipment Rental, Sales and Service (Heavy)
(g)
Farmers' Market
(h)
Food and/or Beverage Service Facility
(i)
Garden Plots
(j)
Garden Center
(k)
General Industrial Uses, Major Impact
(l)
Manufacturing Establishments
(m) Private Club or Organization
(n)
Service Stations
(o)
Signs:
(i)
Sign Type 1 - Freestanding
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(ii)
Sign Type 2 - Projecting
(iii)
Sign Type 5 - Portable
(iv)
Sign Type 10 - Multiple Listing
(v)
Sign Type 11 - Directional Off-premises
(vi)
Sign Type 12 - Billboard
7.7.4
In addition to the General Land Use Rules contained in Part 4, the following
provisions, as contained within this section shall apply to every Development
in this district:
7.7.5
Minimum Lot Dimensions Requirements shall be in accordance with the
following:
(a)
Minimum Lot Area
929 m²
(b)
Minimum Lot Width
30 Metres
7.7.6
Minimum Front Yard Requirements shall be in accordance with the following:
(a) All uses:
7.5 Metres unless a greater setback is required as per
subsection (b).
(b) Adjacent to a
highway without a
service road
28 Metres from the nearest limit of the right of way of
the nearest secondary or primary road.
(c) The Front Yard requirements stated in (a) and (b) above shall not
apply to gas pumps, free standing or projecting signs or billboards.
7.7.7
Minimum Side Yard Requirements shall be in accordance with the following:
(a) All uses:
1.5 Metres unless a greater or lesser setback is
allowed as per subsection (b), (c), or (d) below.
(b) Where a fire rated
wall is provided:
No Side Yard is required
(c) Laneless lot:
One unobstructed Side Yard shall be a minimum of
6.0 Metres in width excluding Corner Sites with
alternate rear access. This does not include the
Accessory Building when the Accessory Building is
located to the rear of the Principal Building by a
distance of 12 Metres measured parallel to the side
property line.
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(d) Where the lot Abuts
a residential district:
6.0 Metres
7.7.8
Minimum Rear Yard Requirements shall be in accordance with the following:
(a) All uses:
There shall be no required Rear Yard setback other
than where loading doors Abut a street or lane, in
which case, the requirements for loading and
parking, as contained in Section 4.12 of this Bylaw
will apply.
(c) Laneless lot:
If a Rear Yard is provided for a laneless lot it shall
be a minimum of 1.0 Metre
7.7.9
Maximum Building Height shall be in accordance with the following:
All buildings
13 Metres
7.7.10
Special Requirements
(a)
Landscaping:
(i)
The Boulevard (if present) and a minimum of 10% of the lot area must
be landscaped in accordance with the plan approved by the
Development Officer.
(b)
Screening:
(i)
All Sites Abutting a residential district shall be Screened from the view
of the residential district to the satisfaction of the Development
Authority.
(ii)
All apparatus on the roof shall be Screened to the satisfaction of the
Development Authority.
(c)
Airborne pollutants and/or noxious odours:
(i)
As part of a Development Permit application, the applicant shall supply
relevant information describing any noxious, dangerous, or offensive
feature of the proposed Development in relation to:
(ii)
airborne pollutants or odours;
(iii)
release of any toxic, radioactive or environmentally hazardous
materials;
(iv)
flammable or explosive materials, and describing their
intensity and area of impact;
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(v)
Applications for Developments along with the information required in
Subsection 7.8.5 which must be referred to Alberta Environment and
Alberta Health Services for comment prior to the decision being made
thereon include those which:
(vi)
involve processing, assembly and/or packaging which may
produce excessive smoke, fumes, noise, vibration, dust,
and/or odours; or
(vii)
involve the use of highly flammable chemical materials.
(viii)
A Development application for a land use that poses a potential
significant fire / hazard risk or employs highly flammable chemical
materials shall be referred to the Town's Fire Department for comment.
(d)
Outdoor Storage:
(i)
All exterior work areas, storage areas, and waste handling areas shall
be enclosed from view from roadways and park reserves to the
satisfaction of the Development Authority.
(ii)
Storage shall not project above the height of the Screening material.
(iii)
Fencing shall not be of a barbed wire construction below a height of 2
Metres.
(iv)
All Sites Abutting a residential district shall be Screened from the view
of the residential district to the satisfaction of the Development
Authority.
(v)
All apparatus on the roof shall be Screened to the satisfaction of the
Development Authority.
(vi)
Wrecked or damaged vehicles, which might be located on the property,
must be Screened to the satisfaction of the Development Authority
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7.8
Public Park, School and Recreational District (PSR)
7.8.1
The purpose of this district is to preserve appropriate land under public
ownership for recreation, education, and conservation uses.
7.8.2
Permitted Uses
(a)
Community Gardens
(a)
Park maintenance and storage buildings
7.8.3
Discretionary Uses
(a)
Arenas
(b)
Campgrounds
(c)
Golf Course
(d)
Ice rinks
(e)
Picnic areas
(f)
Playground
(g)
Public Parks
(h)
School
(i)
Signs:
(i)
Sign Type 1 - Freestanding
(ii)
Sign Type 2 - Projecting
(iii)
Sign Type 3 - Fascia
(iv)
Sign Type 4 - Canopy
(v)
Sign Type 5 - Portable
(vi)
Sign Type 7 - Informational
(vii)
Sign Type 8 - Temporary
(viii)
Sign Type 9 - Secondary
(ix)
Sign Type 10 - Multiple Listing
(x)
Sign Type 11 - Directional Off-premises
(xi)
Sign Type 12 - Billboards
(j)
Sports complex
(k)
Sports Field
(l)
Tennis Court
7.8.4
Minimum Lot Area Requirements shall be in accordance with the following:
(a) All Uses - Permitted Uses
185.8 m²
(b) All Uses - Discretionary
Uses
At the discretion of the Development Authority
7.8.5
Maximum Building Height shall be in accordance with the following:
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(a) All buildings - Permitted
Uses
11 Metres
(b) All buildings -
Discretionary Uses
At the discretion of the Development
Authority
7.8.6
Minimum Yard Requirements shall be in accordance with the following:
(a) All Yards - Permitted Uses
1.0 Metre
(b) All Yards - Discretionary
Uses
At the discretion of the Development
Authority
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7.9
Residential - Prairie Meadows (R-PM)
7.9.1
Purpose:
(a)
To provide for residential neighborhoods in the Prairie Meadows area
of the Town in which a variety of residential dwelling types and
densities may be allowed.
7.9.2
Permitted Uses:
(a)
Accessory Building
(b)
Bed & Breakfast
(c)
Dwellings Semi-Detached
(d)
Dwellings Single-Detached
(e)
Dwellings Single-Detached with Secondary Suite
(f)
Duplexes
(g)
Home Occupation - Minor
(h)
Modular Homes
7.9.3
Discretionary Uses:
(a)
Apartments
(b)
Churches
(c)
Day Care Facility
(d)
Dwelling Group
(e)
Dwelling, Multi-Unit
(f)
Group Care Facility
(g)
Home Occupation - Major
(h)
Public and Quasi-Public Uses
(i)
Secondary Suite
(j)
Senior Citizen Accommodation
(k)
Signs:
(i)
Sign Type 7 - Informational
(ii)
Sign Type 11 - Directional Off-premise
7.9.4
Prior to any subdivision within this district a Concept Plan or Area Structure
Plan shall be established in accordance with Section 3.20 of this Bylaw.
7.9.5
The following Minimum Lot Area requirements shall apply:
(a)
Apartments and Dwelling
Groups
929 m²
(b)
Attached Homes
(i) 186 m² for each internal Dwelling
Unit in a Building
(ii) 233 m² for each end Dwelling Unit in
a Building
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(iii) 279 m² for each Dwelling Unit with a
Side Yard Abutting a street
(c)
Semi-Detached Dwellings
(i) 233 m² for each Dwelling Unit
(ii) 279 m² for each Dwelling Unit with a
Side Yard Abutting a street
(d)
Single-detached Dwelling:
233 m²
(e)
Single-detached Dwelling
with a Secondary Suite
363 m²
(f)
Duplexes
372 m²
7.9.6
Minimum Lot Width Requirements shall be in accordance with the following:
(a)
Apartments and Dwelling
Groups
30.0 Metres
(b)
Attached Homes
(i) 6.0 Metres for each internal Dwelling
Unit in a Building
(ii) 7.5 Metres for each end Dwelling Unit in
a Building
(iii) 9 Metres for each Dwelling Unit with a
Side Yard Abutting a street.
(c)
Dwellings, Semi-Detached
(i) 7.5 Metres for each Dwelling Unit,
except;
(ii) 9.0 Metres for each Dwelling Unit with a
Side Yard Abutting a street
(d)
Dwelling, Single-Detached
9 Metres
(e)
Dwelling, Single-Detached
with a Secondary Suite
11.0 Metres
(f)
Duplexes
12.0 Metres
7.9.7
The following minimum Yard requirements shall apply:
(a)
Minimum Front
Yard
3.0 Metres
NOTE: In a new subdivision the Front Yard setbacks
of Principal Buildings shall be uniform within a street
block.
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(b)
Minimum Side
Yard (laned
Sites)
Principal Buildings
(i)
Street side of a Corner: 3.0 Metres
(ii)
All other sides: 1.5 Metres
Accessory Buildings
(iii)
Street side of a Corner: 3 Metres
(iv)
All other sides: 1.5 Metres
(c)
Minimum Side
Yard (laneless
Sites)
Principal Buildings
(i)
With attached Garages: 1.5 Metres
(ii)
Without attached Garages: one unobstructed
Side Yard: 3 Metres, the other side 3 Metres
(iii)
Street side of a Corner Lot: 3.0 Metres
Accessory Buildings
(iv)
Street side of a Corner Lot: 3.0 Metres
(v)
All other sides: 1.5 Metres
(d)
Minimum Rear
Yard
Principal Buildings
(i)
8 Metres
Accessory Building
(ii)
Private Garage or carriage suite: 1.5 Metres
(iii)
All other Accessory Buildings: 1.0 Metre
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7.9.8
The following habitable Floor Area requirements shall apply:
(a) Minimum Habitable Floor Area per Unit
(i) Attached Housing:
74 m²
(ii) Apartments:
46 m²
(iii) Duplexes:
65 m²
(iv) Secondary Suite/Secondary
Dwelling Unit:
54 m²
(b) Habitable Ground Floor Area
(i) Semi-detached Dwelling
74 m²
(ii) Single-detached Dwelling
93 m²
7.9.9
The following maximum Building Height shall apply:
(a)
Principal Buildings
3 Storeys not exceeding 10
Metres at any eave line
(b)
Multi-Family and Seniors Living Buildings
4 Storeys not exceeding
13.5 Metres at any eave line
(c)
Accessory Buildings
5 Metres
(d)
Accessory Buildings with Secondary Suites
10 Metres
7.9.10
The following maximum Site coverage shall apply:
(a)
All Buildings including Accessory Buildings
45% of the Site
(b)
All Accessory Buildings
15% of the Site
7.9.11
The following maximum Density requirements shall apply:
(a)
Single- detached Dwelling Unit:
1 per lot
(b)
Single-detached Dwelling Units with
Secondary Suite, Semi-detached and
Duplex Dwelling Units:
2 units per lot
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(c)
All other Dwelling Units:
40 Units per hectare
(16 units per acre)
7.9.12
Special Requirements - Dwelling Groups
(a)
Dwelling Units must be separated by 9 Metres where windows facing one
another relate to living rooms, dining room and bedrooms.
(b)
The principal entry for every Dwelling Unit must be separate and be
directly accessible to ground level.
(c)
The arrangement of the buildings in a Dwelling Group is subject to the
approval of the Development Authority.
7.9.13
Special Requirements for Apartment Building and Attached Housing
Complexes
(a)
When the Development of an Apartment Building is proposed, there shall
be provided on the Site Areas for the recreational and Landscaping
purposes, in addition to those areas needed for Building, Driveways,
walkways and parking spaces.
(b)
The area of Site required for recreational and Landscaping purposes will
vary according to the number and size of the Dwelling Units constructed
or to be constructed thereon and the areas of balconies and recreational
facilities within the Building including patios, swimming pools and
communal lounges for the free use of the tenants may be used in the
calculation of the total requirements for recreational Landscaping areas.
(c)
The minimum recreational and Landscaping area required per Dwelling
Unit in an Apartment Building or for an attached housing complex shall be
provided in accordance with the provisions of the following table.
Size of Unit
Area required for Recreational & Landscaping
Bachelor Unit
14 m²
1 Dwelling Unit
19 m²
2 Dwelling Unit
54 m²
3 Dwelling Unit
89 m²
4 Dwelling Units
and over
123 m²
(i)
The location on the Site of recreation and Landscaped Areas is subject
to the approval of the Development Authority.
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7.9.14
Secondary Suite Separation from Principal Building:
(a)
A Building capable of accommodating a Secondary Suite above a private
Garage shall be located a minimum of 5.0 Metres from the Principal
Building.
7.9.15
Outdoor Amenity Space for Secondary Suites:
(a)
Outdoor amenity space for a Secondary Suite above a Garage (i.e.
carriage suite) shall be a minimum of 25.0 m² and shall be provided
between the rear of the Principal Building and the Garage.
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7.10 Commercial - Prairie Meadows District (C-PM)
7.10.1
Purpose:
(a)
The purpose of the DC-6 District is to provide for business and retail
Developments serving the Town of Irricana and the surrounding rural
areas, which require no Outside Storage, and create opportunities for
commercial uses on the ground floor of buildings and residential and
office uses on upper floors.
7.10.2
Permitted Uses
(a)
Alternative Health
Care Service
(b)
Arts Studio
(c)
Fitness Centre
(d)
Financial Institution
(e)
Food Services
(f)
Library
(g)
Liquor Store
(h)
Medical & Dental
Clinic
(i)
Museum
(j)
Professional Offices
(k)
Personal Services
Business
(l)
Post Office
(m) Retail Store
(n)
Sign Types 7 -
Informational
(o)
Sign Type 11 -
Directional
(p)
Temporary
Residential Sales
Center
7.10.3
Discretionary Uses
(a)
Accessory Building
(b)
Bus Terminal
(c)
Child Care Facilities
(d)
Church
(e)
Dwelling Unit(s) in a commercial or
mixed-use Building
(f)
Food and/or Beverage Service
Facility
(g)
Grocery Store
(h)
Hotel
(i)
Motel
(j)
Parking Lot
(k)
Private Club or Organization
(l)
Public and Quasi-Public Uses
(m) Recreational Facility, Private Indoor
(n)
Sign Types 1, 2, 3, 4, 5, 8, 9, 10
(o)
Theatre
7.10.4
The following Minimum Lot Dimension requirements shall apply:
Use
Minimum Lot Area
Minimum Lot Width
(a)
Hotels & Motels
1,115 m²
31 Metres
(b)
Other Uses
140 m²
7.5 Metres
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7.10.5
The following Front Yard requirements shall apply:
Use
Requirement
(a)
Minimum Front Yard
0.00m
(b)
Maximum Front Yard
3.0 Metres
7.10.6
The following Rear and Side Yard requirements shall apply:
Use
Requirement
(a)
Minimum Rear Yard
0.00m
(b)
Maximum Side Yard
(i) Sides adjacent
to residential districts:
3 Metres
(ii) All Other
locations:
Not required but if a Yard is
provided it shall be at least of 1
Metre
7.10.7
The following Maximum Building Height shall apply:
(a)
Maximum Height of
Building
A maximum of 3 Storeys not exceeding 11
Metres at any eave line.
7.10.8
Screening:
(a)
All Sites Abutting a residential district shall be Screened from view of
the residential district to the satisfaction of the Municipal Planning
Commission.
(b)
All apparatus on the roof shall be Screened to the satisfaction of the
Municipal Planning Commission.
7.10.9
Landscaping:
(a)
Minimum of 5% of the Site Area must be landscaped according to a
landscape plan considered appropriate by the Development Authority.
The Development Authority as part of the 5% Landscaping
requirement may consider fixtures to buildings, internal atriums or
other attractive features.
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7.10.10
Dwelling Accommodation Shall:
(a)
Not be located below the second Storey of a Building;
(b)
Have direct access to the outside street level; and
(c)
Not be located on the same floor as non-residential use.
7.10.11
Appearance
(a)
All Developments in this district must be designed to maximize the
Development potential and design in accordance with the Municipal
Development Plan;
(b)
The exterior finishing materials of the proposed Development must be
those as shown on the approved plans.
7.10.12
Building Orientation
(a)
The main public entrance to the Building must face either the
property line shared with the street or Parking Lot internal to the
block.
7.10.13
Vehicle Access
(a)
All vehicle access to the parcel must be from the lane or Parking Lot
internal to the block.
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7.11 Urban Reserve District (UR)
7.11.1
The purpose of this district is to protect land suited for urban uses from
premature subdivision and Development, which may limit the future use of
the land while providing for a limited range of rural pursuits and private
recreational uses that utilize large areas of land.
7.11.2
Permitted Uses:
(a)
Agriculture, Extensive
7.11.3
Discretionary Uses
(a)
Accessory Building
(b)
Dwelling, Single Detached
(c)
Home Occupation - Major
(d)
Home Occupation - Minor
(e)
Public utilities
(f)
Signs:
(i)
Sign Type 1 - Freestanding
(ii)
Sign Type 5 - Portable
(iii)
Sign Type 7 - Informational
(iv)
Sign Type 8 - Temporary
(v)
Sign Type 9 - Secondary
(vi)
Sign Type 11 - Directional Off-premises
(vii)
Sign Type 12 - Billboards
7.11.4
In addition to the General Land Use Rules contained in Part 4, the following
provisions, as contained within this section shall apply to every Development
in this district:
Minimum Lot Area
Existing Lots (no subdivision allowed in this District)
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7.12 Direct Control Districts (DC)
7.12.1
The purpose of a DC district is to allow direct control by Council over a
Development, due to its special nature or circumstance, pursuant to the
provisions of the Municipal Government Act.
7.12.2
As stated in Section 6.2.10 of the Municipal Development Plan, the Town
may consider accommodating innovative Development and Redevelopment
proposals and/or a wider range of uses through the use of Direct Control
Districts.
7.12.3
Prior to redesignation or subdivision within any Direct Control District a
Concept Plan or Area Structure Plan shall be established in accordance with
Section 3.17 of this Bylaw, any other requirements within an adopted
Statutory Plan, any requirements stated in the Municipal Government Act,
and
(a)
in the case of a Concept Plan, it shall be passed by resolution of Town
Council, and
(b)
in the case of an Area Structure, it shall be adopted by Bylaw in
accordance with the Act.
7.12.4
In regards to Subsection 7.12.3 above, the Municipal Planning Commission
shall determine whether a Concept Plan or Area Structure Plan shall be
required based on the size and complexity of the proposed subdivision
and/or future Development on the subject Site and shall provide notification
to the developer of the decision.
(a)
Notwithstanding subsection 7.12.4 above, the Municipal Planning
Commission may refer the matter to the Town Council for a decision.
7.12.5
Rules and regulations for direct control districts shall be established by
Bylaw, and include, but not be limited to:
(a)
Permitted and Discretionary Uses;
(b)
General rules and regulations for the Development of permitted and
Discretionary Uses;
(c)
Parking and access requirement;
(d)
Landscape and Screening requirements;
(e)
Architectural and/or Building design standards;
(f)
The decision-making authority (e.g. Council, Development Officer, or
Municipal Planning Commission); and
(g)
Any other matters the Municipality deems necessary.
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7.12.6
Procedures
(a)
In addition to the General Land Use Rules contained in Part 4 of this
Bylaw, the following provisions, as contained within this section shall
apply to every Development in this district.
(b)
Notwithstanding the procedure established for Development Permit
applications in Part 3 of this Bylaw, applications for Development on
land in Direct Control Districts shall be referred by the Development
Officer to Council for its approval or refusal unless otherwise stated in
the Direct Control District. The application may be referred to the
Municipal Planning Commission for comment and/or recommendation
prior to a decision by Council.
(c)
When an application for a Development Permit is received for lands
that are designated Direct Control, Council shall provide opportunity
for public comment on the application in accordance with the
Municipal Government Act.
(d)
Council may choose to notify the public of the Development
application by publishing a notice in a newspaper circulating in the
Municipality and/or providing electronic means of notification, stating
the location of the property for which the application has been made
and use proposed. A copy of the Notice shall be sent to adjacent
landowners.
(e)
Appeal from a decision on an application for a Development Permit in
a Direct Control District is limited in accordance with the Act.
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7.13 Direct Control District (DC-3)
7.13.1
Purpose: Allow for increased Density to avoid urban sprawl and ensure a
portion of these lands are for recreational use while protecting the creek and
coulee of this environmentally sensitive area on the west side of Town as
shown on the Land Use Map
7.13.2
Permitted Uses
(a)
None
7.13.3
Discretionary Uses
(a)
Private Park
(b)
Apartments that conform to "Condominiums" as defined in the Land
Use Bylaw.
7.13.4
Prior to any subdivision within DC-3 a Concept Plan or Area Structure Plan
shall be established in accordance with Section 7.12.3 and 7.12.4 of this
Bylaw.
7.13.5
Decision-Making Authority
(a)
Council is the Development Authority and shall be responsible for the
issuance of all Development Permits for the Lands subject to this
Bylaw.
7.13.6
Regulations:
(a)
All dimensions, setback, and Building Heights are to be approved by
Council.
(b)
Population density is to be approved by Council.
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8. PART 8 Definitions
8.11 Interpretation of Definitions
8.11.1
Words and terms used in this Bylaw shall have the same meaning as given
to them in the Municipal Government Act unless otherwise defined in this
section.
8.11.2
Definitions and sections that have been reproduced from the Municipal
Government Act are in italics and have been added for the convenience of
the user of the Bylaw.
8.11.3
In this Bylaw, words used in the singular include the plural, and words using
the masculine gender include the feminine gender.
8.11.4
When no definition is provided in the Municipal Government Act, the
Interpretation Act, or this Bylaw, the Webster's New Collegiate Dictionary
shall be used.
8.11.5
In this Bylaw, and any amendments made hereto, unless the content
otherwise requires, the interpretation set out in the following subsections
shall be used:
Term
Definition
A
Abut or Abutting
means immediately contiguous to or physically touching, and when
used with respect to a lot or 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
means a Building separate and subordinate to the Principal
Building, the use of which is incidental to that of the main Building
and is located on the same parcel of land but does not include a
residential detached Garage.
Accessory Use
means a use customarily incidental and subordinate to the Principal
Use or Building and is located on the same parcel of land with such
Principal Use or Building.
Act or Municipal
Government Act
means the Municipal Government Act, Revised Statutes of Alberta
2000, Chapter M-26 and amendments and regulations thereto.
Adult
Entertainment
Establishment
means any premises or part thereof wherein live performances,
motion pictures, video tapes, video discs, slides or similar electronic
media or photographic reproductions, the main feature of which is
the nudity or partial nudity of any persons, are performed, shown
or offered for sale or rent as a Principal Use or an accessory to
some other business activity which is conducted on the premises.
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Agriculture,
Commercial
means the Land Use, structure or Building for the purposes of
buying and selling or the processing, storage and supply of
commodities and services that support agricultural operations.
Agriculture,
Extensive
means systems of tillage and animal husbandry from 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. The definition does not
include confined feeding operations.
Agri-plex
means an agricultural center for the purpose of holding events.
Amenity Area
means indoor or outdoor space, provided for the active or passive
recreation and enjoyment of the occupants of a Development,
which may be for private or communal use and owned individually
or in common.
Apartment
means a Building designed and built to contain three or more
Dwelling Units with shared services, facilities and one common
entrance.
Appeal Body
means the Subdivision and Development Appeal Board or the Land
and Property Rights Tribunal
Area Structure
Plan
means a statutory plan prepared pursuant to Section 633 of the
Municipal Government Act.
Art Studio
means an establishment or business engaged in the creation, sale,
loan, or display of art paintings, sculpture, books, or other crafts or
works of art and may include retail and studio components.
Arterial Roadway
or Street
means a street intended to carry large volumes of all types of
traffic moving at medium to high speeds, to serve the major traffic
flows between principal areas of traffic generation and also connect
to urban and rural arterial and Collector Roadways or streets.
Arterial Roadways or streets desirably have no direct access to
Development.
Auctioneering
Establishment
means Development specifically intended for the auctioning of
goods and equipment, including temporary storage of such goods
and equipment.
Autobody and
Paint Shop
means premises where the bodies, but not other parts, or motor
vehicles are repaired and where motor vehicle bodies and other
metal machine components or articles may be painted.
Automotive and
Equipment
means the use of a Building or a portion of a Building, for the
servicing and/or mechanical repair of automobiles, motorcycles,
snowmobiles and similar vehicles or the sale, installation or
servicing of related accessories and parts, which includes
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Repair/Service
Shop
transmission shops, muffler shop, tire shop, automotive glass shop,
upholstery shop, and car or truck washes.
Automotive and/or
Recreational
Sales/Rentals
means the use of a Building, or a portion of a Building, for the
Retail Sales or rentals of new or used automobiles and motorcycles,
snowmobiles, tent trailers, boats, travel trailers or similar light
Recreational Vehicles or crafts together with incidental maintenance
services and sale of parts.
Automotive
Salvage Yard
means the use of a Site, or the portion of a Site, for the
dismantling and storage of dilapidated or inoperable motor
vehicles. This use does not include the sale of complete and
operable motor vehicles, or the servicing and repair of motor
vehicles.
Awning
means an adjustable or temporary roof-like covering fitted over
windows and doors and used for shelter, advertising or decoration.
B
Balcony
means a platform, attached to and projecting from the face of a
Building with or without a supporting structure above the first
Storey, normally surrounded by a balustrade or railing and used as
an outdoor porch or sundeck with access only from within the
Building.
Basement
means that portion of a Building or structure which is wholly or
partially below Grade and has no more than 1.8 Metres 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.
Bay
means a self-contained unit or part of a Building or of the whole
Building which can be sold or leased for individual occupancy.
Bed & Breakfast
means a principal dwelling where sleeping accommodation with or
without light meals is provided to members of the public for
remuneration. A Bed & Breakfast home shall not include more than
3 business accommodation rooms.
Bottle Depot
means the use of a Building or portion of a Building, as a business
for the collection of empty recyclable beverage containers regulated
by the province of Alberta.
Boulevard
means that portion of a public roadway that lies between the curb
and the boundary of a lot or parcel.
Building
means a fully or partially enclosed structure having a roof
supported by walls, columns, piers or other structural systems; but
does not include a vehicle.
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Building Area
means the greatest horizontal area of a Building above Grade
within the outside surface of exterior walls, or within the outside
surface of exterior walls and the centerline of Fire Walls.
Building Height
means the vertical distance measured from the average elevation
of the proposed finished Grade at the front of the Building to the
highest point of the roof for flat roofs, and to the average height
between the eaveline and ridge for all other roofs.
Building Permit
means a permit or document issued in writing by a designated
Safety Codes Officer within the Building discipline pursuant to the
Safety Codes Act.
Bus Depot
means the use of a Building, or portion of a Building, as a terminal
for passengers or light freight for either public or private use.
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 permanent occupancy
(longer than 21 consecutive days).
Cannabis Retail
Store
means a Building or a portion thereof that is licensed by the
Province of Alberta for the sale of cannabis and cannabis
accessories for consumption off the premises
Canopy
means a permanent fixture fitted over windows and doors and used
for either shelter, advertising or decoration.
Canopy Sign
- see Sign: Canopy
Certificate of
Compliance
means a written statement, which is based upon a Real Property
Report, issued by the Designated Officer confirming that the Bay,
Building, or structure meets the requirements of this Bylaw in all
respects or is treated as a legal non-conforming Bay, Building or
structure.
Collector Roadway
or Street
means a street or roadway that collects and distributes traffic from
Arterial Roads and streets to other collectors and Local Roads and
streets to serve the community. Full access to adjacent properties
is generally allowed on collectors.
Communication
Tower
means a structure that is used to convey communication, radio or
television signals and may include other structures necessary for
the carrying out of this function.
Community Garden
means the use of a Site or a portion thereof for gardening, wherein
plots are rented to members of the public for a nominal annual fee.
Community Gardens shall not be used for for-profit business or
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agriculture. Community Gardens shall be accessible to all interested
members of the public, subject to plot availability.
Condominium
means a Condominium plan registered in a Land Titles Office that
complies with the requirement of the Alberta Condominium
Property Act.
Corner
means the intersection of the side and front property lines.
Corner Lot
means a lot or Site located at the intersection of two public
roadways, other than lanes, or a lot or Site located Abutting a
public roadway, other than a lane which substantially changes
direction at any point where it Abuts the lot or Site.
Council
means the Council of the Town of Irricana.
D
Day Care Facility
means the use of a Building, for the provision of care, instruction,
maintenance, or supervision of 7 or more children under the age of
13 years or adults with special needs for periods not exceeding 24
consecutive hours and includes all Day Care Facilities, early
childhood services, nurseries and after school or babysitting
programs which meet this definition.
Deck
means an unenclosed Amenity Area or platform with a surface
height greater than 0.6 Metres above Grade at any point made of
concrete, brick, wood or other material that may be attached to a
dwelling and is intended for the purpose of outdoor dining, lounging
and other similar Accessory Use.
Density
means the number of Dwelling Units on a Site expressed in units
per acre or hectare.
Development
means:
an excavation or stockpile and the creation of either of
them;
a Building or an addition to or replacement of repair of a
Building and the construction or placing of any of them on,
in, over or under land,
a change of Land Use 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 Land Use 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
Agreement
means an agreement pursuant to either Section 650 or Section
655(1)(b) of the Municipal Government Act.
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Subdivision &
Development
Appeal Board
means the Town of Irricana Development and Subdivision Appeal
Board established by Bylaw.
Development
Authority
means the Development Authority as defined in Section 623(b) of
the Municipal Government Act.
Development
Officer
means the person appointed to the office of Development Officer.
Discretionary Use
means Discretionary Use as defined in Section 642 of the Municipal
Government Act.
Double Fronting
means a Site Abutting 2 parallel or approximately parallel streets.
Drive Through
Restaurant
means Development used for eating and drinking which offer a
limited menu for rapid customer service and includes 1 or more of
the following features: car attendant services; drive through pick-
up service; or parking primarily intended for the on-Site
consumption of food within a motor vehicle.
Driveway
means that portion of a lot used to provide access from the street
to a parking space or spaces and which has been Graded,
constructed and maintained with concrete, asphalt or other hard
surface and dustless materials.
Dwelling, Duplex
means a Building containing 2 Dwelling Units, either side-by-side or
one above the other, each with a separate entrance.
Dwelling Group
means 2 or more buildings each containing 1 or more Dwelling
Units, located on a Site or a number of adjoining Sites where all
buildings, recreation areas, vehicular areas, Landscaping and all
other features have been planned as an integrated Development.
Dwelling,
Apartment
See Apartment
Dwelling, Multi
Unit
means a Building designed and built to contain 3 or more Dwelling
Units separated from each other by a fire rated wall with each unit
having separate entrances from Grade level.
Dwelling,
Secondary Suite
See Secondary Suite
Dwelling, Semi-
Detached
means a Building designed and built for and containing 2 side by
side Dwelling Units separated by a firewall conforming to the
Alberta Safety Codes Act.
Dwelling, Single-
Detached
means a Building detached from any other Building which is
constructed on Site and contains only one Dwelling Unit and,
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except as otherwise allowed in this Bylaw, is used for no other
purpose.
Dwelling Unit
means self-contained habitable space used or intended to be used
by 1 or more persons which contains cooking, eating, living,
sleeping and sanitary facilities and is accessed by a separate locked
entrance or serviced by 1 or more separate utility connections or
accounts, or both.
E
Eave line
means the horizontal line on the Building that marks the extreme
edge of the overhang of a roof and where there is no overhang, the
eave line shall be the horizontal line at the intersection of the roof
and wall.
Environmental
Reserve
means Environmental Reserve as defined in the Municipal
Government Act.
F
Farmers' Market
means the use of a Site or Building, or a portion thereof to allow
individual vendors to provide food products, produce and other
consumer goods for sale directly to the public.
Fascia Sign
see Sign: Fascia
Financial
Institution
means the use of a Building or portion of a Building for a full-
service bank, trust company, credit union or similar banking
establishment.
Fire Separation
means a construction assembly that acts as a barrier against the
spread of fire constructed in accordance with the current Alberta
Building Code.
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.
Fitness Centre
means a space where equipment or instruction is provided for
people to pursue physical fitness or skills relating to physical
activities and that may include the incidental sale of products
reliant to the service provided.
Floor Area
means any finished Floor Area intended for human occupancy.
Floor Area, Gross
means the total Floor Area of all buildings of each floor of a Building
measured from the outside surface of the exterior walls or, where
buildings are separated by Fire Walls, to the centreline of the
common Fire Wall and includes all floors totally or partially above
Grade except parking levels.
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Floor Area,
Habitable or gross
usable
means the total horizontal area of every enclosed floor and
mezzanine used exclusively by a single use in a Building, and is
measured from the exterior face of the exterior wall and the
centreline of an interior partition wall that separates at least two
uses, but does not include elevator shafts, stairwells, crawl spaces,
mechanical or electrical rooms, indoor or recycling storage, areas
used for parking and loading, areas below Grade used for storage
and not accessible to the public, and common corridors and halls
available to more than one use.
Food Services
means a Building or portion thereof, in which food and/or non-
alcoholic beverages are prepared to be sold for consumption on the
premises or for take-out, and without limiting the generality of the
foregoing, may include such facilities as coffee shops, bakeries,
restaurants, drive- in food establishments, and catering services.
This use does not include facilities for the sale and consumption
of alcoholic beverages.
Food and/or
Beverage Service
Facility
means a Building or portion thereof, in which food and/or
beverages are prepared to be sold for consumption on the premises
or for take-out, and without limiting the generality of the foregoing,
may include such facilities as restaurants, drive- in food
establishments, taverns, bars, cocktail lounges and catering
services. This use includes facilities for the sale and consumption of
alcoholic beverages.
Free-standing sign
see Sign: Free-standing
Frontage
means the front Lot Line or that side of a lot Abutting a public
roadway, but does not include any side Abutting a lane, unless said
lane is the only means of physical access to a lot.
Funeral Services
means Development used for the preparation of the dead for burial
or cremation, and the holding of Funeral Services.
G
Garage
means a freestanding or attached structure, designed with the
intent for the storage or shelter of automobiles, whether or not it is
so used.
Gas Station
means premises intended for the sale of gasoline. This may include
a convenience store but does not include the servicing or minor
repair of vehicles.
General Industrial
Uses, Minor Impact
means Development used principally for one or more of the
following activities and where such activities are likely to have a
negligible impact on the environment or adjacent land uses by
virtue of its appearance, noise, size, smell, traffic generation or
operational characteristics:
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the manufacturing or assembling of semi-finished or finished
goods, products, or equipment;
the cleaning, servicing, repairing or testing of materials,
goods and equipment normally associated with industrial or
commercial businesses or cleaning, servicing and repair
operations to goods and equipment associated with personal
or household use, where such operations have impacts that
would make them incompatible in non-industrial districts or
adjacent to residential districts;
the storage or trans-shipping of materials, goods and
equipment;
the distribution and sale of materials, goods and equipment
to institutions or industrial and commercial businesses for
their direct use or to Retail Stores or other sales use Classes
defined in this Bylaw or resale to individual customers; or
the training of personnel in General Industrial operations.
Any indoor display, office, technical or administrative
support areas or any Retail Sale operations shall be
accessory to the activities identified above. The Floor Area
devoted to such accessory activities shall not exceed 33% of
the total gross Floor Area of the Building devoted to the
General Industrial Use, except that this restriction shall not
apply where a significant portion of the industrial activity
naturally and normally takes place outdoors.
General Industrial
Uses, Major Impact
means Development used principally for 1 or more of the following
activities, where such activities are likely to have a significant
impact on the environment or adjacent land uses, by virtue of its
potential emissions, effects or appearance:
the processing of raw materials;
the manufacturing or assembling of semi-finished or finished
goods, products, or equipment;
the cleaning, servicing, repairing or testing of materials,
goods and equipment normally associated with industrial or
commercial businesses or cleaning, servicing and repair
operations to goods and equipment associated with personal
or household use, where such operations have impacts that
would make them incompatible in non-industrial districts or
adjacent to residential districts; or
the storage or trans-shipping of materials, goods and
equipment.
Any indoor display, office, technical or administrative
support areas or any Retail Sale operations shall be
accessory to the activities identified above. The Floor Area
devoted to such accessory activities shall not exceed 33% of
the total gross Floor Area of the Building devoted to the
General Industrial Use, except that this restriction shall not
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apply where a significant portion of the industrial activity
naturally and normally takes place outdoors.
Golf Course
means a public or private area operated for the purpose of playing
golf, including a club house and recreational facilities, accessory
driving ranges, and Similar Uses.
Grade
means
in residential districts it means the average elevation of the
natural or finished level of the ground adjoining a Building at
all exterior walls;
in all other districts it means the elevation, established by
the Municipal Engineer, of the crown of the Abutting street.
In the event that two Grades are involved, the average of
the two shall be used as the Grade for the Site.
Grocery Store
means a full scale supermarket or neighborhood market where at
least 464.5 gross interior Square Metres are dedicated to products
which shall include each of the following categories: fresh meat,
fresh produce, fresh dairy products, baked goods, toiletries, baby
food and diapers, cleaning products, paper towels and toilet paper,
beverages, canned vegetables and fruits, cooking oils, flour, sugar
and frozen foods
Group Care Facility
means a facility which provides resident services to 7 or more
individuals, where services are provided services to meet their
needs. This category includes supervised uses such as group
homes, halfway houses, resident schools, residential facilities and
foster or boarding homes.
H
Health Services
means the use of a Building, or a portion of a Building, for
supplying physical and mental Health Services on an out-patient
basis; typical uses include medical, dental, optometry offices,
clinics, blood and x-ray clinics, therapy and counselling services.
Heavy Vehicle and
Equipment
Sales/Rentals
means Development used for the sale or rental of heavy vehicles,
machinery or mechanical equipment, typically used in Building,
roadway, pipeline, oilfield and mining construction, manufacturing,
assembling and processing operations and agricultural production.
Home Occupation
means any occupation, trade, profession, or craft carried on by an
occupant of a residential Building or a use secondary to the
residential use of the Building, and which does not change the
residential nature of the Building nor the neighborhood.
Home Occupation 1
- Phone and Desk
means a Home Occupation within a Principal Building intended for
home offices or similar desk workspaces whereby the workspace
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consists mainly of a desk, phone, printer, computer and related
equipment; there are no customer visits to the Site, and there are
no on-premise sales;
Home Occupation 2
- Minor
means a Home Occupation within a principal dwelling or Accessory
Building whereby:
On-premise sales or customer visits total less than 10 per
week,
There are no indoor display of goods,
No food is being prepared and/or sold,
There are no off-Site employees,
No outdoor storage, and
The total Floor Area for the Home Occupation is less than
30% of the total Floor Area of the principal dwelling on the
property.
Home Occupation 3
- Major
means a Home Occupation within a principal welling or Accessory
Building whereby:
On-premise sales or customer visits may total 10 or more
per week,
May include indoor display of goods,
food may be prepared and/or sold,
off-Site employees may be present,
outdoor storage may be present, and the total Floor Area for
the Home Occupation may exceed 30% of the total Floor
Area of the principal dwelling on the property.
Hotel/Motel
means a Building used primarily for sleeping accommodations and
ancillary services provided in rooms or suites of rooms which may
contain bar/kitchen facilities; the Building may also contain
business or other uses and may or may not offer such additional
services as party facilities, restaurant or dining room services, or
public convention facilities.
I
Incidental sign
see Sign: Incidental
Illuminated sign
see Sign: Illuminated
Intensity
means the relative degree of utilization or capacity of a Site or
Building.
J
K
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Kennel
means the use of a Building or portion of a Building, the primary
purpose of which is the boarding of small animals for periods
greater than 24 hours for a fee and that may provide for the
incidental sale of products relating to the services provided by the
use and may include outside enclosures, pens, runs or exercise
areas.
L
Land Use Bylaw
(LUB)
means the Irricana Land Use Bylaw.
Landscaped Area
means that portion of a Site which is required to be landscaped and
may not be used for parking, storage or display of items for sale.
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;
Hard Landscaping consisting of non-vegetative materials
such as brick, stone, concrete, tile and wood, or asphalt;
and
Architectural elements consisting of wing walls, sculpture
and the like.
Lane
means a public through-fare typically located to the side or rear of
a lot which provides a secondary means of access to a Site or Sites.
Livestock
means animals raised in captivity and is divided into two
categories:
Agricultural Livestock means horses, cattle, sheep, swine,
live poultry, fur-bearing animals raised in captivity, game
production animals within the meaning of the Livestock
Industry Diversification Act, as amended or replaced from
time to time
Urban Livestock means laying hens, miniature goats and
bees.
Loading Space
means a space for parking a business vehicle while being loaded or
unloaded.
Local Livestock
Operation
means activity on land that is fenced or enclosed within buildings
where Livestock is kept for the purposes of growing, sustaining,
finishing or breeding at numbers less than the approved thresholds
of the Provincial Confined Feeding Operations.
Local Roadway or
Street
means a street or roadway that provides unrestricted direct access
to and connects with collectors and other Local Roadways.
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Lot Line
means a legally defined limit of any lot. Boundary, boundary line
and property line have a corresponding meaning.
Lot Width
means the average horizontal distance between the side property
lines of a lot (see Site, width and Sites, illustrated).
M
Manufactured
Home
means a Development consisting of a transportable single-detached
dwelling which is suitable for permanent occupancy, designed to be
transported on its own wheels, and which is, upon its arrival at the
Site where it is to be located ready for occupancy, except for
incidental Building operations such as placement on foundation
supports and connection to utilities. Manufactured Homes must
meet CAN/CSA A277-08 regulations and comply with current
Alberta Building Codes.
Manufactured
Home Park
means a parcel of land under 1 title, which provides spaces for the
long-term parking and occupancy of Manufactured Homes as
defined under "Manufactured Home".
Marquee
means a permanent structure that projects over a Public Place,
usually an entrance, and is permanently attached to and supported
by a Building.
May
means that an action is discretionary.
Merchandising Aid
means a device, such as statues, inflatables, and tethered balloons
intended to call attention to a business or event and which may
contain a name, logo, advertising message or announcement.
Mixed Use
means a variety of commercial, office and residential that serves
the local community and that are integrated vertically and
horizontally within a comprehensively designed Development area
that emphasizes street-oriented, compact, and pedestrian-oriented
urban Development.
Modular Home
means a prefabricated or factory-built frame or shell which
comprises the wall or siding of a proposed dwelling. More
specifically, a Modular Home represents only a section of the
dwelling and such a unit has neither chassis, running gear, nor its
own wheels, but units may be stacked side-by-side or vertically,
and completed to form 1 or more complete Dwelling Unit(s) for
year round occupancy. Modular Homes are not to be considered as
Manufactured Homes under this Bylaw and they must meet
CAN/CSA A277- 08 regulations and comply with current Alberta
Building Codes. Modular Homes are those units which are intended
in the design to be moved only once.
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Municipal Planning
Commission
means the Town of Irricana Municipal Planning Committee as
established by Bylaw.
Municipality
means the Town of Irricana.
N
O
Outside Storage
means the storing, stockpiling or accumulating of goods, equipment
or material in an area that is open or exposed to the natural
elements.
P
Parapet
means the extension of a false front wall above a roof line.
Patio
means an uncovered horizontal structure with a surface height no
greater than 0.6 Metres above Grade at any point and which is
adjacent to a residential dwelling and intended for use as a private
outdoor amenity space.
Parking Lot
means a Development providing vehicular parking which is not
primarily intended for the use of residents, employees or clients of
a particular Development and is paved and may charge for the
privilege of parking.
Permitted Use
means Permitted Use as defined in Section 642 of the Municipal
Government Act.
Pet Care Service
means the use of a Building or portion of a Building to wash,
groom, or board small animals during the day and that may have
the incidental sale of products relating to the services provided by
the use, and must not board animals over night.
Political Poster
means a temporary sign announcing or supporting candidates or
issues in any election or plebiscite.
Portable sign
see Sign: Portable
Principal Building
means the largest Building on the Site or the Building which houses
the primary purpose for which the Site is used.
Principal Use
means the use of a Site or of a Building which constitutes the
primary purpose for which the Site is used.
Private Club or
Organization
means a social or service organization established under the
Societies Act, which may include athletic recreational facilities and
rooms for eating, drinking and assembly.
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Professional
Offices
means Development primarily used for the provision of
professional, management, administrative or consulting services
and Development used to provide support services to businesses
such as printing, duplicating, binding, photographic processing,
office maintenance or custodial services, office security for the sale,
rental, repair or servicing of office equipment. This Class does not
include Financial Services, Health Services, or Government
Services.
Projecting sign
see Sign: Projecting
Primary sign
see Sign: Primary
Public Parks
means Development of public land specifically designed or reserved
for the general public for active or passive recreational use and
includes all natural and man-made Landscaping, facilities, playing
fields, buildings and other structures that are consistent with the
general purposes of Public Parkland, whether or not such
recreational facilities are publicly operated or operated by other
organizations pursuant to arrangement with the public authority
owning the park. Parks may include picnic areas, playgrounds,
playing fields and sports fields.
Public Place
means any location in the Town of Irricana that is for Public Use
and includes streets, lanes, avenues, Boulevards, sidewalks, parks,
Campgrounds, squares or rights-of-way and the space above the
same.
Public or Quasi-
Public Uses
and Facilities means installations 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 commodities or services
for public consumption, benefit, convenience or use as defined in
the Municipal Government Act.
R
Real Property
Report
a legal report prepared by an Alberta Land Surveyor.
Recreational
Vehicle
means a portable structure designed and built to provide temporary
living accommodation and to be transported on its own wheels or
carried by another vehicle designed and intended to be used for
recreational purposes and includes, but is not limited to, such
vehicles as a motor home, a camper, a holiday or travel trailer, a
tent trailer, snowmobiles, jet skis, boats or similar types of vehicles
but do not include mobile homes.
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Recreational
Facility, Private
Indoor
means any indoor Development providing amusement, active or
passive recreation and enjoyment and any such facility is privately
owned and/or operated. Indoor typical uses include, but may not
be limited to, bowling alleys, billiard halls, roller skating and Similar
Uses.
Recreational
Facility, Private
Outdoor
means any outdoor Development providing active or passive
recreation and enjoyment and any such facility is privately owned
and/or operated. Typical uses include, but may not be limited to
driving ranges, go-cart tracks, amusement parks, outdoor
swimming pools, bowling greens, baseball diamonds/batting cages,
soccer pitches, football fields, sports fields, miniature Golf Courses,
outdoor ice surfaces or rinks, fitness trails and other Similar Uses.
Recreational
Facility,
Private/Public
Indoor/Outdoor
means any indoor or outdoor Development providing amusement,
active or passive recreation and enjoyment and any such facility is
privately or publicly owned and/or operated. Indoor typical uses
include, but may not be limited to, athletic clubs, health and fitness
clubs, curling, roller skating and hockey rinks, swimming pools,
bowling alleys, arenas, and billiard halls. Outdoor typical uses
include, but may not be limited to baseball diamonds, soccer
pitches, football fields, driving ranges, sports fields, miniature Golf
Courses, outdoor ice surfaces or rinks, go-cart tracks, amusement
parks, outdoor swimming pools, bowling greens and fitness trails
and other Similar Uses.
Religious
Institution
means a Development owned by a religious group or organization
used for worship and related religious, philanthropic or social
activities including accessory rectories, manses, classrooms and
auditoriums. This does not include private or public schools.
Restaurant - Food
Service Only
means a Building or part of a Building where food is offered for sale
or sold to the public for immediate consumption or take-out, but
does not include facilities for the sale and consumption of alcoholic
beverages, and does not include boarding houses, lodging houses,
or Bed & Breakfasts.
Restaurant -
Licensed
means a Building or part of a Building where food is offered for sale
or sold to the public for immediate consumption or take-out,
including facilities for the sale and consumption of alcoholic
beverages, but not including boarding houses, lodging houses, or
Bed & Breakfasts.
Retail Sales
means the use of a Building, or part of a Building, where goods,
wares, merchandise, substances, articles, food, liquor 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 only
to service such store but does not include any retail outlet
otherwise listed or defined by this Bylaw.
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Roofline
means the top edge of a roof or Building Parapet, whichever is
higher, excluding any cupolas, pylons, chimneys, or minor similar
projections.
School,
Commercial
means the use of a Building or a portion of a Building for a place of
instruction operated for profit and does not include public, private
or separate schools under the control of the Provincial Department
of Education.
School, Nursery
means a childcare service that provides programs for children 2 to
5 years of age.
School, Private
means a school, other than a school operated by a School Board
under the School Act that provides Grade and secondary school
instruction to pupils through courses prescribed or approved by the
Minister of Education.
Screening
means the total or partial concealment of a Building, structure,
Yard or activity by a fence, wall, berm, soft Landscaping or other
Screening device.
Seacan
means a moved-on cargo/freight/shipping container for the
purpose of storage of materials.
Secondary Suite
means a residential Dwelling Unit that is secondary to the primary
residential use
Senior Citizen
Accommodation
means a Dwelling Unit or accommodation which is either private or
public and may include lounge, health care and recreation facilities.
The terms "Senior Citizen Homes", "Assisted or Supportive Living
Accommodations", "Seniors Lodge", and "Seniors Health Care
Facility (Nursing Home)" have corresponding meanings.
Service Station
means premises, or the portion thereof used or intended to be used
for the servicing and minor repairing of motor vehicles and for sale
of gasoline, lubricating oils and minor accessories for motor
vehicles. This also includes Gas Stations with convenience stores.
Shall
means that the action is mandatory.
Should
means that the action is recommended.
Shopping Centre
means a group of business establishments planned, developed,
owned and managed as a unit with off-street parking provided.
Sign
means any Development:
constructed and permanently affixed directly to any
Building, structure, window or a parcel of land; and
which is used to advertise, identify or display a commercial
or non-commercial activity, product, place, organization,
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institution, person, service, event or location, by any means,
including works, letter, figures, design, symbols, fixtures,
colors, illumination or projected images and in such a
manner as to be visible from any Public Place, but does not
include any real estate sign, window display, Political Poster,
flags, graffiti, athletic scoreboards or any traffic or
directional and informational sign erected by the Town of
Irricana, the Provincial and Federal Governments and their
agencies.
Sign Area
means the entire face of a sign including the advertising surface
and any framing, trim or molding, but not including the supporting
structure, with the sign area of individual letter signs being the sum
total of the area of the smallest straight line geometric figure that
encloses the individual letters or figures of the sign.
Sign Copy
means the message on a sign in either permanent or removable
form.
Sign Copy Area
means the entire area within a square, rectangle, triangle or circle,
or a combination of these figures, which encloses all of the copy.
Sign Copy Display
Types:
Sign Copy: Fixed
means a sign which uses hard copy printing to display the sign
copy.
Sign Copy:
Animated
means a sign which uses movement or change of lighting to depict
action or to create a special effect or scene but does not include a
changeable copy sign.
Sign Copy:
Changeable
means a sign on which the copy changes automatically through
electronic or mechanical means.
Sign Copy Content
Types:
Sign Copy Content
- Off-Premise
means any sign which advertises, directs or otherwise identifies a
service, facility, product or activity to be found at a location other
than the premises on which the sign is located.
Sign Copy Content
- On-Premise
means any sign which advertises, directs or otherwise identifies a
service, facility, product or activity to be found at the location on
which the sign is located.
Sign Types:
Sign: A-Board
see Sandwich Board Sign
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Sign: Abandoned
means a sign which no longer advertises or identifies an existing
activity, business, owner product, lease or service, or a sign for
which no legal owner can be found.
Sign: Band
means a prominent exterior display surface located horizontally
between storefront windows and the cornice or Roofline.
Sign: Banner
means a sign made of fabric or other non-rigid material with no
enclosing framework.
Sign: Billboard
means a sign structure designed and intended to provide a leasable
advertising copy area of not less than 18.5 M² and not more than
40.1 square Metres where the copy can be periodically replaced.
Sign: Canopy
means a sign that is mounted, painted, or otherwise attached to an
Awning, Canopy or Marquee.
Sign: Community
means any sign advertising a local community organization.
Sign: Construction
means a temporary sign erected on a Site where construction is
taking place to identify the construction project and those parties
having a role or interest in the construction.
Sign: Directional
means any sign which advertises, directs or otherwise identifies a
service, facility, product or activity to be found at a location other
than the premises on which the sign is located.
Sign: Directional-
off Premises
means any sign which advertises, directs or otherwise identifies a
service, facility, product or activity to be found at a location other
than the premises on which the sign is located.
Sign: Fascia
means a sign attached across the face of a Building, located
approximately parallel thereto, in such a manner that the wall
becomes the supporting structure for, or forms the background
surface of the sing, which does not project more than 0.3 Metres
from the Building or structure supporting said sign.
Sign: Freestanding
means any sign or display supported by a freestanding column or
structure.
Sign: Home
Occupation
means a sign advertising a Home Occupation.
Sign: Identification
means a sign indicating the location a particular Building, facility or
individual, but not containing advertising.
Sign: Illuminated
means a sign lighted by or exposed to artificial lighting either by
lights on or in the sign or directed towards the sign.
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Sign: Incidental
means a small sign, decal or emblem advertising goods, facilities,
business hours or services available on the premises.
Sign:
Informational
means a sign the message of which is limited to providing
directions and information necessary or convenient for persons
coming onto the property, including signs marking entrances, exits,
parking areas, circulation direction, rest rooms, and pick-up and
delivery areas.
Sign: Marquee
means a permanent structure that projects over a Public Place,
usually an entrance, and is permanently attached to and supported
by a Building.
Sign: Memorial
means a tablet or plaque memorializing a person, event, structure
or Site, provided said sign is not located in conjunction with any
commercial or industrial use.
Sign:
Merchandising Aid
means a device, such as statues, inflatables, and tethered balloons
intended to call attention to a business or event and which may
contain a name, logo, advertising message or announcement.
Sign: Multiple
Listing or Multi-
tenant
means a sign that contains within 1 structural frame 2 or more
smaller signs, each of which identifies or advertises a different
business, organization or facility.
Sign: Political
Poster
means a temporary sign announcing or supporting candidates or
issues in any election or plebiscite.
Sign: Portable
means a sign that is not permanently affixed to a Building,
structure or the ground and is supported on a structure allowing it
to be readily moved from one location to another.
Sign: Primary
means a sign advertising the primary use of the premises.
Sign: Projecting
means a sign that is wholly or partly dependent upon a Building for
support and which projects more than 0.3 Metres from such
Building.
Sign: Real Estate
means a sign pertaining to the sale or lease of the premises or a
portion of the premises on which the sign is located.
Sign: Residential
Identification
means a sign located on the premises, limited to providing the
address and/or name of the owner or occupant of a Building or
premises.
Sign: Roof
means any sign which is entirely upon and above the Roofline or
Parapet of a Building.
Sign: Sandwich
Board
means a self-supporting A-shaped sign or sandwich board which is
set upon the ground and has no external supporting structure.
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Sign: Sandwich
Board Off-premises
Directional
means a self-supporting A-shaped sign or sandwich board which is
set upon the ground and has not external supporting structure at a
location other than the premises on which the sign refers.
Sign: Secondary
means any sign advertising or otherwise related to an occupation
or use that is not the primary use of the premises.
Sign: Temporary
means a sign permitted, designed or intended to be displayed for a
short period of time.
Sign: Third Party
means any permanent off-premises sign advertising a commercial
activity not located on the same lot or parcel of land as the sign.
Sign: Wall
means a sign fastened to or painted on the wall of a Building.
Sign: Window
means a sign permanently applied directly to the inside surface of a
window and intended to be viewed from the outside.
Similar Use
means a specific Land Use or of a Building that is not expressly
mentioned in this Bylaw but which the Development Authority has
determined to be similar in character and purpose to a use listed as
Permitted or Discretionary in the district in which such use is
proposed and where this Bylaw has expressly authorized the
Development Authority to consider applications for Similar Uses.
Site
means an area of land, a lot, or parcel on which a Development
exists or for which an application for a Development Permit or
subdivision application is made.
Site Area
means the area of land contained within boundaries of a Site as
shown on a Site Plan.
Site Coverage or
Lot Coverage
means the combined area of all buildings or structures on a Site,
including Accessory Buildings or structures, measured at 0.6 Metres
above Grade, including open or covered porches or verandas,
covered terraces, and all other spaces within a Building, excluding
steps, eaves, cornices, and similar projections, and unenclosed
inner and outer courts which are less than 0.6 Metres above Grade.
Where any Building or structure projects beyond the coverage of
the Building or structure (excluding cantilevers) measured at 0.6
Metres above Grade, the coverage shall then include such
projection.
Site, Corner or Lot,
Corner
means a Site when the front and side property lines Abut one or
more street(s) (see Figure 2).
Site, Reversed
Corner
means a corner Site, the rear of which Abuts the side of the Site
immediately to its rear, with or without a lane or an alley
intervening (see Figure 2).
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Site, Depth
means the mean horizontal distance between the front and the rear
boundaries of the Site (see Figure 2).
Site, Interior
means a Site which is bounded by one street (see Figure 2).
Site, Key
means an interior Site lying immediately to the rear of a reversed
corner Site or corner Site (see Figure 2).
Site Plan
means a plan drawn to scale showing the boundaries of the Site,
the location of all existing and proposed buildings upon that Site,
and the use or the intended use of the portions of the Site on which
no buildings are situated, and showing fencing, Screening, grassed
areas, and the location and species of all existing and proposed
shrubs and trees within the Development.
Site, Width
means the average horizontal distance between the side
boundaries of a Site (see Figure 2).
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 floor and the ceiling above it.
Storage and
Distribution Centre
means the use of a Building or portion of a Building for shipping
and receiving of goods and materials of an industrial nature and
that may include the sale of products and/or services to the general
public and may include a display area of not more than 30% of the
gross Floor Area and does not include a Storage Yard.
Storage Facility
means the use of a Building, or portion of a Building, used
exclusively for storage of goods and materials and does not include
the sale of products and/or services on Site.
Storage Yard
means land used exclusively for Outside Storage of goods and
materials where such storage of goods and materials does not
involve the erection of permanent structures or the material
alteration of the existing state of the land; typical uses include pipe
Yard and vehicle or heavy equipment storage compounds, does not
include the sale of products and / or services on Site.
Swimming Pools,
Private
means any privately-owned pool constructed or prefabricated
primarily for swimming or bathing and is more than 0.6 Metres in
depth, and includes hot tubs.
T
Temporary
means a period of up to a maximum of 1 year.
Theatre
means a Building or part of a Building devoted to the showing of
motion pictures or presentations of live entertainment to an
audience, excluding adult entertainment presentations.
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Town
means the Town of Irricana.
U
V
Veterinary Clinic
means the use of a Building for a facility for the medical care and
treatment of animals and includes provision for their overnight
accommodation but does not include Kennels, outdoor pens, runs
or enclosures.
W
X
Y
Yard, Front
means that portion of a Site extending across the full width of the
Site and measured from the front property boundary of the Site to
the nearest part of the exterior wall of the Principal Building. On a
corner Site where the front entrance of the Principal Building is
oriented towards the narrower Site Frontage, that Frontage shall be
considered and regulated as a Front Yard; where the front entrance
of the Principal Building is oriented towards the longer Site
Frontage, both street Frontages shall be considered and regulated
as Front Yards, except that the Front Yard along the longer
Frontage shall only extend the width of the Principal Building.
Yard, Rear
means that area extending the full width of a Site from the rear
property line of the Site to the rear of the Principal Building
foundation and its depth shall be measured at right angles to the
rear property line.
Yard, Side
means the portion of the Site extending from the Front Yard to the
Rear Yard between the side property line of the Site and the closest
side of the Principal Building foundation and its width shall be
measured at right angles to the side property line.
Z
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FIGURE 2: Site Types
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Appendix A: Telecommunication Protocols
This Appendix establishes the procedural standard that applies to proponents of antenna
systems and identifies the Municipality's Development and design standards for antenna
systems and communication towers.
Applicability
The federal Minister of Industry is the approval authority for the Development and operation
of antenna systems, pursuant to the Radiocommunication Act. Innovation, Science and
Economic Development Canada recognizes the importance of considering input from local
Land Use Authorities and the public regarding the installation and modification of antenna
systems and encourages land use authorities to establish a local protocol to manage the
process of identifying and conveying concerns, questions and preferences to the proponent
of an antenna system and Innovation, Science and Economic Development Canada.
The protocol established here applies to any proposal to install or modify a
telecommunication, radiocommunication or broadcast antenna system within the
Municipality which is not excluded from the consultation requirements established by
Innovation, Science and Economic Development Canada in Client Procedures Circular CPC-
2-03 (or subsequent/amended publications). Proponents of excluded antenna systems are
nevertheless encouraged to contact the Municipality to discuss the proposal and identify any
potential issues or concerns and give consideration to the Municipality's Development and
design standards.
Antenna Systems Siting Protocol Exclusion List
Innovation, Science and Economic Development Canada has determined that certain
antenna structures are considered to have minimal impact on the local surroundings and do
not require consultation with the local Land Use Authority or the public. Innovation, Science
and Economic Development Canada's publication, Radiocommunication and Broadcast
Antenna Systems CPC-2-0-03 lists the types of antenna installations exempted from the
requirement to consult with the local Land Use Authority and the public. The installations
listed in CPC-2-03 are therefore excluded from the Municipality's Telecommunication Tower
Siting Protocol, which currently include:
a)
maintenance of existing radio apparatus including the antenna system,
transmission line, mast, tower or other antenna-supporting structure;
b)
addition or modification of an antenna system (including improving the
structural integrity of its integral mast to facilitate sharing), the transmission
line, antenna-supporting structure or other radio apparatus to existing
infrastructure, a Building, water tower, etc. provided the addition or
modification does not result in an overall height increase above the existing
structure of 25 percent of the original structure's height;
c)
maintenance of an antenna system's painting or lighting in order to comply
with Transport Canada's requirements;
d)
installation, for a limited duration (typically not more than 3 months), of an
antenna system that is used for a special event, or one that is used to support
local, provincial, territorial or national emergency operations during the
emergency, and is removed within 3 months after the emergency or special
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event; and
e)
new antenna systems, including masts, towers or other antenna-supporting
structure, with a height of less than 15 m above ground level.
Proponents who are not certain if their proposed structure is excluded, or whether
consultation may still be prudent, are advised to contact the Municipal office or Innovation,
Science and Economic Development Canada for guidance.
Municipal Review and Issuance of Concurrence or Non-Concurrence
The Municipal Council shall be responsible for reviewing and issuing municipal concurrence
or non-concurrence for all antenna system proposals within the Municipality which are not
excluded as per Section 1.2 above concurrence with a proposal will be measured against the
requirements of the applicable Land Use District within which the antenna is proposed, the
Development and design standards in this Appendix, applicable policies in the
Municipality's Municipal Development Plan, and consideration of comments received during
the public consultation process and any other matter deemed relevant by the Municipal
Council.
a) When a proposal is given a concurrence decision, the proponent will receive a
letter of concurrence from the Municipality documenting its decision and any
conditions;
When a proposal is given a non-concurrence decision, the proponent will receive a letter of
non-concurrence from the Municipality describing the reasons for the decision.
Municipal concurrence does not constitute approval of uses, buildings, and structures which
require issuance of a Development Permit under the Land Use Bylaw. A proposal which
includes uses, buildings or structures in addition to the antenna system, is required to
obtain Development Permit approval for such uses, buildings and structures in accordance
with the provisions of the Land Use Bylaw.
Development and Design Standards
The Municipality requests the following antenna systems Development and design standards
be adhered to:
a) Co-utilization of existing antenna systems is the preferred option within the
Municipality and is encouraged whenever feasible.
An antenna system (including any guy wires or similar support mechanisms) should be
placed no closer than 7.62m (25 ft.) from the property line abutting the public road.
Antenna structures which are visible from residential areas may be requested to employ
innovative design measures to mitigate the visual impact of these structures. The proponent
shall provide stealth structure options when requested by the Municipality. Stealth structure
options will be based on an evaluation of the massing, form, colour, material, and other
decorative elements, that will blend the appearance of the facility into and with the
surrounding lands.
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Application Submittal Requirements
The Municipality requests the following package be submitted for consideration of a
proposed antenna system:
a) Map, including legal location, and Site Plan of the proposed system;
b) Description of the type and height of the proposed antenna system and any
guy wires or other similar support mechanisms (e.g., support cables, lines,
wires, bracing);
c) The proposed lighting and aeronautical identification markings for the
antenna and any supporting structures;
d) Documentation regarding potential co-utilization of existing towers within
800m (0.5 miles) of the subject proposal; and
e) Any other additional information or material deemed necessary and
appropriate to properly evaluate the submission.
Notification and Public Consultation Process
Proponents are required to formally notify the Municipality of their intent to make a
submission to obtain a letter of concurrence regarding the siting of a telecommunication
antennas within the Municipality prior to landowner notification or advertisement of the
proposed project.
If required by the Municipality, the proponent shall hold a public information meeting
regarding their Development proposal and should proactively explain all aspects of the
siting, technology and appearance of the proposed structure.
Once approval to proceed to public consultation has been given, the applicant or the
Municipality will notify all landowners within:
a) 1.6km (1 mile) of the proposed structure; and
b) All costs of the notification are borne by the applicant.
With each notification to adjacent landowners, the proponent will be responsible to submit a
letter providing information regarding the location of the tower, physical details of the
tower, the time and location of the public information meeting, and a contact name and
phone number of someone employed by the proponent who can answer questions regarding
the proposal. The notifications should be sent 14 days prior to the public meeting.
Within 14 days from the date of circulation of the notification or the date of the public
information meeting, the proponent will be responsible to provide the Municipality with a
summary of the meeting indicating the topics discussed, additional concerns raised with
resolutions, and any outstanding issues the proponent and/or landowners could not resolve.
Where the public process has raised unresolved concerns, the Municipality will request a
ruling by Innovation, Science and Economic Development Canada prior to the issuance of a
letter of concurrence.