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Town of Killam Bylaw #880 including
Amendments to December 18, 2023
Town of Killam
Land Use Bylaw #880
Page 1
ONE: ENACTMENT AND ADMINISTRATION ......................................................................... 4
SECTION 1: TITLE ................................................................................................................ 4
SECTION 2: PURPOSE .......................................................................................................... 4
SECTION 3: APPLICATION ..................................................................................................... 4
SECTION 4: EFFECTIVE DATE ................................................................................................ 4
SECTION 5: OTHER LEGISLATIVE REQUIREMENTS...................................................................... 4
SECTION 6: TRANSITION ....................................................................................................... 4
TWO: INTERPRETATION ..................................................................................................... 5
SECTION 7: UNITS OF MEASUREMENT ..................................................................................... 5
SECTION 8: RULES OF INTERPRETATION .................................................................................. 5
SECTION 9: DEFINITIONS ....................................................................................................... 6
THREE: DEVELOPMENT AUTHORITY ............................................................................... 27
SECTION 10: DESIGNATED OFFICER ..................................................................................... 27
SECTION 11: MUNICIPAL PLANNING COMMISSION .................................................................... 27
SECTION 12: SUBDIVISION AND DEVELOPMENT APPEAL BOARD ................................................ 27
FOUR: DEVELOPMENT PERMITS ...................................................................................... 29
SECTION 13: CONTROL OF DEVELOPMENT ............................................................................. 29
SECTION 14: FEES ............................................................................................................ 29
SECTION 15: WHEN A DEVELOPMENT PERMIT IS NOT REQUIRED ................................................ 29
SECTION 16: NON-CONFORMING BUILDINGS AND USES ............................................................ 30
SECTION 17: APPLICATION FOR DEVELOPMENT PERMIT ........................................................... 30
SECTION 18: DECISION ....................................................................................................... 32
SECTION 19: TEMPORARY PERMITS ...................................................................................... 33
SECTION 20: VARIANCE AUTHORITY ..................................................................................... 34
SECTION 21: NOTICE OF A PROPOSED DEVELOPMENT.............................................................. 38
SECTION 22: NOTICE AND VALIDITY OF DECISION .................................................................... 38
SECTION 23: CANCELLATION ............................................................................................... 39
SECTION 24: APPEALING A DECISION .................................................................................... 39
SECTION 25: THE APPEAL PROCESS .................................................................................... 39
FIVE: AMENDING THE BYLAW .......................................................................................... 41
SECTION 26: BYLAW AMENDMENTS ...................................................................................... 41
SECTION 27: CONTENTS OF AN AMENDMENT APPLICATION ....................................................... 41
SECTION 28: THE AMENDMENT PROCESS .............................................................................. 42
SIX: CONTRAVENTION AND ENFORCEMENT ................................................................... 43
Page 2
SECTION 29: CONTRAVENTION ............................................................................................ 43
SECTION 30: STOP ORDER ................................................................................................. 43
SECTION 31: OFFENCES AND PENALTIES ............................................................................... 43
SEVEN: GENERAL REGULATIONS .................................................................................... 45
SECTION 32: APPLICABILITY................................................................................................ 45
SECTION 33: BASEMENT SUITES .......................................................................................... 45
SECTION 34: BED AND BREAKFAST FACILITY ......................................................................... 45
SECTION 35: BUILDING DESIGN, CHARACTER AND APPEARANCE ............................................... 46
SECTION 36: CORNER LOT PROVISIONS ................................................................................ 46
SECTION 37: ACCESSORY STRUCTURES ................................................................................ 47
SECTION 38: EASEMENTS ................................................................................................... 48
SECTION 39: ENVIRONMENTAL CONSERVATION AND HAZARDOUS LANDS .................................... 48
SECTION 40: FENCING AND SCREENING................................................................................. 49
SECTION 41: GARDEN SUITES ............................................................................................. 50
SECTION 42: HOME OCCUPATIONS ....................................................................................... 50
SECTION 43: LANDSCAPING ................................................................................................ 51
SECTION 44: LIGHTING ....................................................................................................... 51
SECTION 45: LOT GRADING AND DRAINAGE ........................................................................... 52
SECTION 46: OBJECTS PROHIBITED OR RESTRICTED IN YARDS .................................................. 52
SECTION 47: PERMITTED PROJECTIONS ................................................................................ 52
SECTION 48: RELOCATION OF BUILDINGS NOT OF NEW CONSTRUCTION ...................................... 54
SECTION 49: SATELLITE DISH AND AMATEUR RADIO ANTENNAS ................................................ 55
SECTION 50: TEMPORARY STRUCTURES ................................................................................ 55
EIGHT: TRANSPORTATION FACILITIES ............................................................................ 60
SECTION 54: PARKING ....................................................................................................... 60
SECTION 55: ON-SITE LOADING REQUIREMENTS ..................................................................... 65
SECTION 56: VEHICLES ...................................................................................................... 65
NINE: SIGNS ...................................................................................................................... 67
SECTION 57: GENERAL PROVISIONS ..................................................................................... 67
SECTION 58: A-BOARD SIGNS ............................................................................................. 67
SECTION 59: AWNING AND CANOPY SIGNS ............................................................................ 68
SECTION 60: BILLBOARDS .................................................................................................. 69
SECTION 61: ELECTION SIGNS ............................................................................................. 69
SECTION 62: FASCIA SIGNS ................................................................................................ 69
SECTION 63: FREESTANDING SIGNS ..................................................................................... 70
SECTION 64: PAINTED WALL SIGNS ...................................................................................... 70
SECTION 65: PORTABLE AND INFLATABLE SIGNS .................................................................... 71
SECTION 66: PROJECTING SIGNS ......................................................................................... 72
SECTION 67: WALL SIGNS .................................................................................................. 72
Page 3
TEN: LAND USE DISTRICTS .............................................................................................. 73
SECTION 68: ESTABLISHMENT OF LAND USE DISTRICTS ........................................................... 73
SECTION 69: R1A RESIDENTIAL SINGLE DETACHED DISTRICT ................................................... 75
SECTION 70: R1 RESIDENTIAL GENERAL DISTRICT .................................................................. 77
SECTION 71: R2 RESIDENTIAL MOBILE HOME SUBDIVISION DISTRICT .......................................... 80
SECTION 72: R3 RESIDENTIAL MULTI FAMILY DISTRICT ............................................................ 82
SECTION 73: R4 RESIDENTIAL LOW DENSITY DISTRICT ............................................................ 84
SECTION 74: C1 COMMERCIAL CENTRAL DISTRICT.................................................................. 86
SECTION 75: LIB LIGHT INDUSTRIAL BUSINESS DISTRICT ......................................................... 88
SECTION 76: P PARKS DISTRICT .......................................................................................... 90
SECTION 77: I INSTITUTIONAL DISTRICT .................................................................................. 91
SECTION 78: UR URBAN RESERVE DISTRICT.......................................................................... 92
SECTION 79: DC DIRECT CONTROL DISTRICT ......................................................................... 93
Schedules
Schedule A- Town of Killam Land Use Map
Schedule B- Development Permit Application Form
Schedule C- Bylaw Amendment Form
ONE: Enactment and Administration
Section 1: Title
This Bylaw is entitled the Town of Killam Land Use Bylaw.
Section 2: Purpose
The purpose of this Bylaw is to regulate the use and development of land and buildings in the Town of
Killam pursuant to Part 17 of the Municipal Government Act.
Section 3: Application
The provisions of this Bylaw apply to all lands and buildings within the boundaries of the Town, pursuant to
Part 17 of the Municipal Government Act.
No person shall commence any development within the Town except in compliance with this Bylaw.
Section 4: Effective Date
This Bylaw comes into force and takes effect upon the date of its third reading, December 18, 2023.
Section 5: Other Legislative Requirements
Compliance with the requirements of this Bylaw does not exempt any person from the requirements of any
statutory plan.
Nothing in this Bylaw exempts a person to obtain a development permit as required by this Bylaw or to
obtain any other permit, license or other authorization required by this or any other Bylaw.
In addition to the requirements of this Bylaw, a person is required to comply with all federal, provincial and
other municipal legislation.
Section 6: Transition
An application submitted and accepted prior to the approval of this Bylaw Amendment shall be considered
under the provisions of Land Use Bylaw No. 860, as amended to December 18, 2023.
All re-designation, subdivision and development applications received on or after the effective date of Bylaw
No. 860 shall be processed under its provisions.
Page 5
TWO: Interpretation
Section 7: Units of Measurement
All measurements in this Bylaw are metric.
Section 8: Rules of Interpretation
Words used in the present tense include the other tenses and derivative forms. Words used in the singular
include the plural and vice versa. Words have the same meaning whether they are capitalized or not.
The words shall and must require mandatory compliance except where a variance has been granted
pursuant to the Act or this Bylaw.
Words, phrases, and terms not defined in this part may be given their definition in existing legislation and
regulations, such as the Act or the Alberta Building Code. Other words shall be given their usual and
customary meaning.
Where a regulation involves two or more conditions or provisions connected by the conjunction and means
all the connected items shall apply in combination; or indicates that the connected items may apply singly or
in combination; and and/or indicates the items shall apply singly or in combination.
Metric Conversions to be utilized by the reader are as follows:
♦ 1.0 metre = 3.281 feet
♦ 1.0 square metre = 10.8 square feet
♦ 1 hectare = 2.47 acres
♦ 1.0 kilogram = 2.2 lbs.
♦ 1.0 cubic metre = 220 gallons
Imperial conversions are provided for the convenience of the reader. For interpretation of the Bylaw, the
metric values indicated in the Bylaw shall prevail.
Page 6
Section 9: Definitions
The following definitions shall be used in the Land Use Bylaw.
"ABATTOIR" means the use of land or buildings as a facility for the slaughtering of livestock and the processing of
meat products which are not directly sold from the land or building.
"ACCESSORY BUILDING/ STRUCTURE" means a building or structure, which, in the opinion of the Development
Authority, is incidental, subordinate and exclusively devoted to the principal use or building and is located on the
same parcel. Examples include, but are not limited to, garages, decks, sheds and carports. (Solar panels are
considered accessory structures). An accessory building or structure does not include extensions that are physically
attached to the principal building.
"ACCESSORY USE" means a use customarily incidental and subordinate to the main use or building and is located
on the same parcel of land with such main use or building.
"ACT" means the Municipal Government Act, R.S.A. 2000, c. M-26, and amendments thereto and its successors.
"ADJACENT" means land that is contiguous to the lot that is the subject of an application for subdivision, re-
designation or development and includes land or a portion of land that would be contiguous if not for a public road,
railway, reserve land, utility right-of-way, river or stream.
"ADULT/ EXOTIC ENTERTAINMENT" means entertainment of an erotic nature, the main feature of which is nudity
or partial nudity of any person.
"AGGREGATE STOCKPILING" means the use of land for the storage of processed aggregates or other raw
materials for future sale.
"APARTMENT" means a building with five or more dwelling units and which share a common entrance, and which
does not conform to the definition of any other residential use. All dwelling units must adhere to the provisions of the
Alberta Safety Codes Act.
"ASSISTED LIVING FACILITY" means a building, or a portion of a building operated for the purpose of providing
live in accommodation for six or more persons with chronic or declining conditions requiring professional care or
supervision or ongoing medical care, nursing or home making services or for persons generally requiring specialized
care. All dwelling units must adhere to the provisions of the Alberta Safety Codes Act.
"AUCTION MART" means a development used for the auctioning and related temporary storage of goods, and
equipment except livestock.
"AUTOBODY AND REPAIR SHOP" means a use where the primary activity is the repairing and maintaining of
vehicles, including auto body repair.
"AUTOMOBILE AND RECREATION VEHICLE SALES AND RENTAL" means a development used for the retail
sale or rental of new or used automobiles, recreational vehicles, motorcycles, snowmobiles, tent trailers, boats, travel
Page 7
trailers or similar light vehicles or crafts, together with incidental maintenance services and sale of parts. It includes
automobile dealerships, car and truck rental agencies, and motorcycle dealerships, but does not include dealerships
for the sale of manufactured homes, trucks, or heavy equipment with a gross vehicle weighting greater than 4,000
kg. See "Truck and Mobile Home Sales, Service, Storage and Rentals" for dealerships of vehicles and equipment
over 4,000 kg.
"AUTOMOBILE REPAIR GARAGE" means and establishment for the repair or replacement of parts in a motor
vehicle but does not offer vehicle fuels for retail sale. This definition does not include an auto body shop, an
automotive service station, or a gas bar. For the purposes of this definition, vehicles may include motorized
construction equipment and tractor trailers. This includes a "Tire Shop".
"AUTOMOBILE SERVICE STATION" means a use, building, or part of a building, where vehicle fuels, lubricants,
and accessories are offered for retail sale and which contains facilities for the repair and maintenance of vehicles
excluding body work.
"AUTOMOBILE SUPPLY STORE" means a use, building, or part of a building where equipment and parts used to
repair, service, or customize motor vehicles are available for retail sale. This does not include any installations or
repairs.
"BALCONY" means a platform, attached to and projecting from the face of a building above the first story, normally
surrounded by a railing and used as an outdoor porch or sundeck with access only from within the building.
"BANK/FINANCIAL INSTITUTION" means a development, use, or building that is primarily for financial and
investment services and other related services. It includes a trust company, chartered bank and credit union or
Alberta Treasury Branch.
"BASEMENT" means a story or stories of a building located below the first story
'BASEMENT SUITE" - means a basement developed as a dwelling and approved by the Development Authority. All
dwelling units must adhere to the provisions of the Alberta Safety Codes Act.
"BED AND BREAKFAST FACILITY" means the secondary use of a principal dwelling in which the occupant rents
or leases a room or a suite of rooms on a temporary basis, and which may include the provision of meals as part of
or in addition to the rental paid for the room or a suite of rooms. This use does not include a hotel, motel, boarding or
lodging house, or restaurant, as defined herein.
"BERM" means a landscaped mound of earth.
"BOARD" means the Town's Subdivision and Development Appeal Board.
"BOTTLED GAS, SALES AND STORAGE" means a facility where compressed gas is stored in pressurized
portable tanks and sold.
"BUFFER" means an area where development is restricted to a row of trees, shrubs, fencing, or other similar means
to provide visual screening and separation between sites, incompatible land uses, roadways or districts.
Page 8
"BUILDING" includes anything constructed or placed on, in, over or under land but does not include a highway or a
public roadway or a bridge forming part of a highway or public roadway.
"BUILDING DEMOLITION" - means the pulling down, tearing down or razing of a building.
"BUILDING GRADE" means a ground elevation established for regulating the number of stories and the height of a
building. The building grade shall mean the lowest level of finished ground elevation adjoining a building at any
exterior wall.
"BUILDING HEIGHT" means the vertical distance between the grade and the highest point of a building; excluding
an elevator housing, a mechanical skylight, a steeple, a chimney, a smoke stack, a fire wall, a parapet wall, a
flagpole or similar device not structurally essential to the building.
"BUILDING SEPARATION" means the minimum distance between two buildings as regulated by the Alberta
Building Code.
"BULK FUEL STATION" means a development for handling petroleum products in bulk quantities, and includes
supplementary tanker vehicle storage. Key-lock and card-lock pumps and retail fuel sales may be incorporated as
an accessory use. This includes "Bulk Fuel Distributor".
"CAMPGROUND" means any land or part thereof, which may levy fees for the locating of tents or recreational
vehicles and shall include any facilities or amenities secondary to the primary use, and may also include a
Recreation Vehicle Park and Public Campground. Temporary or seasonal storage of recreation vehicles may be
permitted as an accessory use, at the discretion of the Development Authority.
"CANNABIS" means cannabis plant, fresh cannabis, dried cannabis, cannabis oil, and cannabis plant seeds and
any other substance defined as cannabis in the Cannabis Act, (Canada) and its regulations, as amended from time
to time and includes edible products that contain cannabis.
"CANNABIS ACCESSORY" means cannabis accessory in the Cannabis Act (Canada) and its regulations as
amended from time to time.
"CANNABIS PRODUCTION OR DISTRIBUTION FACILITY" means a development used principally for the
production, cultivation, and growth of Cannabis; the processing of raw cannabis materials; the mixing, testing
manufacturing, assembling or in any way altering the chemical or physical properties or semi-finished or finished
cannabis goods and products; the storage and transshipping of cannabis materials, goods and products to cannabis
retails stores or to individual customers. This use does not include a Cannabis Retail Store or Lounge.
"CANNABIS CAFÉ / LOUNGE" means a development where the primary purpose of the facility is the same of
cannabis to the public for consumption within the premises that is authorized by Provincial or Federal Legislation.
This use does not include a Cannabis Production or Retail Store.
"CANNABIS - RETAIL SALES/STORE" "means a retail store licenses by the Province of Alberta, where non-
medical Cannabis and Cannabis accessories are sold to individuals who attend the premises. This use does not
allow for consumption of Cannabis on the premises.
Page 9
"CARETAKER'S RESIDENCE" means a dwelling unit that is secondary or accessory to the principal industrial,
commercial or recreational use on the same parcel and is used for the purpose of providing living accommodation for
the individual who is primarily responsible for the maintenance and security of the principal use on that parcel.
"CARPORT" means a roofed structure free standing or attached to the principal building which is not enclosed on
the front and is used for storing or parking of not more than two private vehicles, which has not less than 40% of its
total perimeter open and unobstructed.
"CATERER" means an establishment in which food and beverages are prepared for the consumption off premises,
and are not served to customers on the premises or for take-out. This is not a food and/or beverage service facility.
"CEMETERY" means a parcel of land used as a burial ground and is licensed by the appropriate provincial
government departments, and may include accessory facilities such as crematories, cinerarium, columbarium,
mausoleums, memorial parks and gardens of remembrance.
"CLINIC" means a building or part of a building intended for use by any or all the following: physicians, dentist,
drugless practitioners, opticians, optometrists, chiropractors or similar licensed medical practitioners, their staff and
patients, for the purpose of consultation, diagnosis and office treatment.
"CLUB" means a development used for the assembly of members of charitable, social service, athletic, business or
fraternal organizations, and may incorporate eating, drinking, entertainment, sports, recreation and amusement
facilities as accessory uses.
"COMMUNICATION TOWER" means a structure that is used to convey communication, radio, or television signals
and may include other structures necessary for carrying out this function.
"COMMUNITY HALL" means the use of land and building for community activities and generally not used for
commercial purposes, and the control of which is vested in the Town of Killam, a local board or agent thereof.
"CONCRETE MANUFACTURING / PLANT" means an operation that produces concrete or concrete products use
in building or construction and includes facilities for the administration and management of the business, the
stockpiling of bulk materials used in the production process or a finished product manufactured on the premise, and
the storage of the materials and equipment required to manufacture concrete. It may also include the manufacture
and storage of concrete products and supplies and maintenance of required equipment. It does not include the retail
sale of finished concrete.
"CONDOMINIUM UNIT" means:
i.
In the case of a building, a space that is situated within a building and described as a unit in a condominium plan
by reference to floors, wall and ceilings in a building,
ii.
In the case other than that of a building, land that is situated within a lot described as a unit of condominium
plan by reference to boundaries governed by monuments pursuant to the provisions of the Surveys Act
respecting subdivision surveys.
"CONSTRUCT" means to build, reconstruct or relocate, and without limiting the generality of the word, also includes:
i.
Any preliminary operation such as excavation, filling or draining;
ii.
Altering an existing building or structure by an addition, enlargement, extension or other structural change; and
Page 10
iii.
Any work which requires a Building Permit.
"CONTRACTING SERVICES, MAJOR" means a development used for commercial and industrial service support
and construction. Typical uses include oilfield support services, laboratories, cleaning and maintenance contractors,
building construction, surveying, landscaping, concrete, and electrical, excavation, drilling, heating, plumbing, paving,
road construction, sewer or similar services of a construction nature which require on-site storage space for
materials, mobile equipment or vehicles normally associated with the contractor service. Also includes any sales,
display, office or technical support service areas shall be necessary to the principal general contractor use.
"CONTRACTING SERVICES, MINOR" means a development used for the provision of electrical, plumbing, heating,
painting, catering other similar contractor services and the accessory sales of goods normally associated with
contractor services where all materials are kept within an enclosed building, and there is no fleet storage of more
than any combination of four vehicles or pieces of mobile equipment.
"CONVENIENCE FOOD STORE" means a retail operation that specializes in convenience type items such as
groceries, soft drinks, and other similar goods.
"COUNCIL" means the Council of the Town of Killam.
"CROWN LAND" means land of the Crown in right of Alberta that includes the bed and shores of all permanent and
naturally occurring water bodies and watercourses.
"DAY CARE FACILITY" means a development licensed by the Province to provide personal care, maintenance,
supervision or education, for seven or more children at one time for more than three but less than 24 hours in a day.
This includes day care centers, nurseries, kindergartens, nursery schools, play schools, and other similar uses.
"DECK" means an unenclosed, except for a railing, outdoor amenity area or platform that may be attached to a
dwelling and is intended for the purpose of outdoor dining, lounging and other similar accessory residential use.
"DEVELOPMENT" means any development as defined in the Act.
"DEVELOPMENT AUTHORITY" means a development authority established pursuant to the Act and may include
one or more of the following: a Designated Officer, a municipal planning commission, an inter-municipal planning
commission, or any other person or organization that has been authorized to exercise development powers on behalf
of the municipality.
"DEVELOPMENT OFFICER" means a person appointed as Development Officer pursuant to the Land Use Bylaw.
"DEVELOPMENT PERMIT" means a document that is issued pursuant to this Land Use Bylaw and authorizes a
development.
"DISCRETIONARY USE" means the use of land or a building that is listed in the columns captioned "Discretionary
Uses" in all districts of this Bylaw, and for which, subject to the provisions of this Bylaw, a development permit MAY
be issued.
"DISTRICT" means Land Use District.
Page 11
"DRINKING ESTABLISHMENT" means a development where the primary purpose is for the sale and consumption
of liquor on the premises; where a license for the sale of liquor which may prohibit minors on the premises at certain
times; is issued by the Alberta Gaming and Liquor Commission; and which may include the preparation and sale of
food for consumption on the premises. Facilities may include bars, taverns, pubs, saloons, beer parlors, wine bars
and cocktail lounges or similar. It may also include live or recorded entertainment it does not include adult/exotic
entertainment venues.
"DRIVEWAY" means a vehicle access route on the parcel which provides access to the driving surface.
"DRY CLEANING AND LAUNDRY DEPOT/PLANT means a building where the cleaning of clothing is carried on
and/or used for the purpose of receiving articles of clothing to the cleaned elsewhere.
"DWELLING" means a complete building or self-contained portion of a building used or designed to be used by a
household, containing independent and separate sleeping, cooking and sanitary facilities intended as a permanent
residence and having an independent entrance either directly from the outside of the building or through a common
area inside the building. All dwellings must adhere to the provisions of the Alberta Safety Codes Act.
"DWELLING - ABOVE GROUND FLOOR BUSINESS" means a dwelling that is on the second floor of a
commercial or industrial building.
"DWELLING, DUPLEX" means a building containing two dwellings, either one above the other or side by side, each
of which has an independent entrance, either directly from outside the building or through a common vestibule
"DWELLING, FOURPLEX" means a building containing four dwellings each with direct access to the outside grade,
but not all the dwellings are required to have separate frontage onto a public or private road. Dwellings may have
common side and rear walls and may also be separated by a common ceiling/floor assembly. This shall not mean
row housing dwelling or duplex dwelling.
"DWELLING, ROW HOUSING" means a building on a lot or lots that consist of at least three dwellings with each
having direct access to the outside grade but shall not mean "apartment" or "four-plex". Dwellings are attached at the
side walls, each having frontage onto a public or private condominium road. A row house dwelling may be located
on a separate lot if the lot is registered after construction of the row house dwelling.
"DWELLING, SINGLE DETACHED" means a residential building containing one dwelling intended as a permanent
residence. Single detached dwellings must be of new construction and feature the following criteria:
i. shall include single detached dwellings constructed off-site.
ii. All exterior walls of the floor area must be dimensioned at less than or equal to 3:1 length to width ratio; and
iii. All roof pitches must be a minimum of 3:12 ratio (3 feet of elevation for 12 feet of width).
All dwellings must adhere to the provisions of the Alberta Safety Codes Act.
"DWELLING, TRIPLEX" means a building containing three dwellings each with direct access to the outside grade,
but not all the dwellings have separate frontage onto a public or private road. Dwellings may have common side and
rear walls and may also be separated by a common ceiling/floor assembly.
Page 12
"EAVELINE" means the horizontal line that marks farthest projection of the roof overhang beyond the wall of the
building.
"ENVIRONMENTAL AUDIT" means a comprehensive site analysis to determine:
i.
If there are any hazardous substances above, on or below the surface of the subject property that may pose a
threat to the environment and/or health of humans, wildlife and/or vegetation.
ii.
If there are any breaches of federal, provincial, and/or municipal environmental standards.
iii.
The level of risk that a contaminated site poses to the environment and/or health of humans, wildlife, and/or
vegetation; and
iv.
What remedial actions may be required to reduce the level of risk posed by a contaminated site to an
acceptable level.
"ENVIRONMENTAL IMPACT ASSESSMENT" means a comprehensive site analysis to determine:
i.
The potential impact of the proposed development on the site.
ii.
The potential environmental impact of the proposed development upon adjacent properties or land uses; and
iii.
The potential environmental impact of the proposed development upon the future land use potential of the
property.
"FAÇADE" means the principal face of the building on the shortest side of the lot abutting the street or avenue.
"FARMING" means the raising or production of crops, or animals, and includes a single residence for the farmer, but
does not include a "Confined Feeding Operation as defined by the Natural Resources Conservation Board, Cannabis
Production or Distribution Facility
"FARM SUPPLY STORE" means establishments which sell their products to the farm industry.
"FEED MILLS AND GRAIN ELEVATORS" means buildings in which animal feeds and grain are stored during
shipment to or from farms and in which agricultural products may be prepared or sold.
"FENCE" means a vertical physical barrier constructed to prevent visual intrusions, unauthorized access, or to
provide sound abatement.
"FLOODPLAIN" means the land adjacent to a lake, river or stream inundated by a one in one hundred year return
flood as determined by Alberta Environment.
"FLOODPROOFING" means the rendering safe from damage arising from a one in one hundred year return flood,
as determined by Alberta Environment, through all or any of the following means;
i.
The raising of the level of land to a minimum of 0.3 meters (0.984 ft.) above the flood level; or
ii.
The construction and use of buildings with the lowest water entry point 0.3 (0.984 ft.) meters above that flood
level; or
iii.
Any other such means as may be considered appropriate by the Development Authority in consultation with
Alberta Environment.
"FLOOR AREA" means the total floor area of the building or structure within the exterior walls but not including the
floor areas of basements, attached garages, open porches, patios, open decks, verandas or breezeways.
Page 13
"FLORIST SHOP" means a retail store devoted to the sale of flowers, indoor plants and arrangements thereof.
"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.
"FUNERAL HOME"- means a use where funerals are held and/or the preparation of the deceased for burial or
cremation and may incorporate a crematorium as an accessory use.
"GAMING OR GAMBLING ESTABLISHMENT" means a building or structure, or any portion thereof, which is used
or intended for use for the purpose of dealing, operating, maintaining or conducting any game played with cards,
dice, or any mechanical device for money, property or item of value.
"GARAGE" means an ancillary building or portion of a main building, including a carport, used or intended to be
used in conjunction with a dwelling unit principally for the private parking or storage of motor vehicles for personal
transportation. A garage is not a "Dwelling".
"GARAGE SUITE ABOVE GRADE" means a self-contained secondary dwelling unit located above a rear or side
detached garage.
"GARDEN SUITE" means a portable, self-contained dwelling without a basement. It shall include a "Park Model"
which meets the size requirements of this land use bylaw.
"GAS BAR" means a development used for the sale of gasoline, fuel, lubricating oils, automotive fluids and
associated convenience store products. The gas bar may be a self-serve, full service, key lock, card lock or other
similar operation. Gas bars may include accessory vehicle washing facilities.
"GOLF COURSE" means an area of land laid out for golf (a game in which a player using special clubs attempts to
sink a ball with as few strokes as possible into each of the 9 or 18 successive holes on a course) with a series of 9 or
18 holes each including tee, fairway, and putting green and often one or more natural or artificial hazards --called
also golf links.
"GREEN HOUSE OR PLANT NURSERY" means development used primarily for the raising, storage, basic
processing and sale of fruits and vegetables, bedding, edible, household and ornamental plants. This use includes
the retail sales of landscaping materials, but excludes the growing, processing or sales of cannabis
"GROUP CARE FACILITY" means a facility which provides residential accommodation for up to six persons, most
or all of which are handicapped, aged, disabled, or in need of adult assistance and who are provided service or
supervision, excluding foster homes. All dwelling units must adhere to the provisions of the Alberta Safety Codes Act.
"HANDICRAFT BUSINESS" means the production and selling of handicrafts on a commercial basis.
"HOME OCCUPATION BUSINESS" means any occupation, trade, profession or craft carried on by an occupant of a
residential building as a use secondary to the residential use of the building. Home occupations which meet the
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provisions of Section 42 are considered permitted uses as noted in the each specific residential district, however
businesses which would involve variances from any of the standards will considered discretionary uses.
"HOTEL" means a building designed for the provision of accommodation in a commercial development for
temporary sleeping accommodation where rooms have access from a common interior corridor and may be
equipped with individual kitchen facilities. Hotels may include accessory food services, meeting rooms and personal
service establishments.
"INDUSTRY/MANUFACTURING - SMALL SCALE" means an industry engaged in the assembly, processing,
manufacture, cleaning, testing, repairing, storage or distribution of various materials into a new product , (excludes
the growing, processing or sales of cannabis). The industry may exhibit most or all of the following characteristics:
i.
Can be developed on smaller parcels of land;
ii.
Is suitable for industrial parks.
iii.
Most of the activities are confined to the building.
iv.
Does not require large areas for outdoor storage; and
v.
Does not produce emissions which are obnoxious or hazardous.
"INSTITUTIONAL USE" means a place of worship, hospital, private school, post-secondary education facility, park,
playground, cemetery, community hall, and library or tourist information facility.
"INTERNAL SUBDIVISION ROAD" means a public roadway, excluding a primary highway, secondary highway, or
municipal road, constructed solely for access, egress, and internal circulation within a commercial, industrial or
residential development.
"KENNEL" means any building in which more than six (6) dogs over the age of six (6) months are boarded, bred,
trained, cared for or kept for purposes of sale.
"LABORATORY" means the use of a building, or part of a building, used for scientific, medical and/or dental testing,
experimentation and/or research.
"LAGOON" means any pond, natural or artificial, receiving raw or partially treated sewage or waste, in which
stabilization occurs due to sunlight, air and micro-organisms.
"LANDSCAPED AREA" means an open area of land, which is:
i.
Unoccupied by any building or structure;
ii.
Situated on ground level on a lot;
iii.
Used or intended to be used for the growth and maintenance of grass, flowers, shrubs, bushes, trees and other
vegetation, and for the provision of other landscaping features including, but not restricted to, planting strips,
facilities for outdoor recreation, ornamental ponds, play areas, surfaced walks, and patios; but
iv.
Does not include any part of a driveway or parking area, regardless, of surface composition, or any roof-top
terrace, balcony, or space enclosed within a building.
"LANDSCAPING" means to preserve or change the natural features of a site by adding lawns, trees, shrubs,
ornamental plantings, ornamental ponds, fencing, walks, driveways, or other structure and materials as used in
landscape architecture.
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"LANE" means a public right-of-way not exceeding 10.0 meters (32.8 feet) in width which provides secondary
access to a lot and which is registered at the Land Titles Office.
"LAUNDROMAT" means a self-serve clothes-washing establishment using only water, detergents and additives
containing one or more washing and drying, ironing, finishing or other incidental equipment which is made available
to the public for the use of cleaning clothes.
"LIGHT EQUIPMENT REPAIR/RENTAL" means a development, use or building for the rental and/or repair of tools,
appliances, recreational craft, office machines, furniture, home appliances, or similar items, but does not include the
rental or repair of motor vehicles or industrial equipment.
"LIVESTOCK" means horses, cattle, swine, donkeys, mules, oxen, poultry, birds, sheep, goats and fur bearing
animals raised in captivity.
"LIVESTOCK AUCTION MART" means a development used for the auctioning and related temporary storage of
livestock.
"LOT" as defined under Part 17 of the Municipal Government Act, means:
i.
A quarter section;
ii.
A river lot shown on an official plan, as defined in the Surveys Act that is filed or lodged in a land titles office;
iii.
A settlement lot shown on an official plan, as defined in the Surveys Act that is filed or lodged in a land titles
office;
iv.
A part of a parcel described in a certificate of title if the boundaries of the part are described in the certificate of
title other than by reference to a legal subdivision; and
v.
Part of a parcel of land described in a certificate of title if the boundaries of the part are described in the
certificate of title by reference to a plan of subdivision.
"LOT AREA" means the area contained within the boundaries of a lot shown on a plan of subdivision or described in
the Certificate of Title.
"LOT - CORNER" means a lot at the intersection of two public roadways.
"LOT COVERAGE" means that percentage of lot area which is covered by all buildings on that lot, including a
porch, veranda, covered deck and accessory buildings, but excluding patios.
"LOT DEPTH" means the length of a straight line joining the middle of the front lot line with the middle of the rear lot
line. If there is no rear lot line, lot depth shall be measured from the middle of the front lot line to the intersection of
the two other lot lines.
"LOT FRONTAGE "means the length of the front property line abutting a street. In the case of a corner lot, both the
front property line and flanking side property line are considered to have lot frontage.
"LOT LINE" means a legally defined limit of any lot.
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"LOT WIDTH" means the shortest distance between the side property lines, or in the case of corner lots, the shortest
distance between the side property line and the flanking side property line. For irregular or pie shaped lots, the lot
width shall be measured at 6.0m back from the centre of the front property line.
"MEDICAL OFFICE" means a development where human health services are provided that are preventative,
diagnostic, therapeutic or rehabilitative without overnight accommodation for patients and may include services
provided professional practicing physicians, physiotherapists, dentists or other qualified health care providers,
including the provision of emergency services.
"MINIMUM STANDARDS" means those minimum standards relating to lot area, floor area, yards, landscaping
design, character and appearance of buildings, etc. for the permitted uses of land or buildings or the discretionary
uses of land or buildings, or both, listed in this Bylaw and, where these are not specified, as determined by the
Municipal Planning Commission.
"MOBILE HOME" means a residential unit conforming to the applicable Standards at the time of manufacture that
may be constructed with a heavy transport chassis that allows for permanent or temporary attachment of a hitch and
wheel assembly to enable the relocation of the dwelling. A mobile home may be a single structure (single-wide) or
two parts which are put together to comprise a complete dwelling (double-wide). Mobile Homes shall feature the
following criteria:
i.
minimum roof pitch of 5 cm (2 inches) of vertical rise for every 30.5 cm (12 inches); and
ii. a minimum floor area length to width ratio of 3:1.
A mobile home does not include a single detached dwelling.
"MOBILE HOME COURT" means a parcel comprehensively designed, developed, operated and maintained to
provide sites and facilities for the placement and occupancy of mobile homes on either a short or a long-term basis
which does not have a registered plan of subdivision of individual lots. The landowner is responsible for internal
roadways, services, snow clearance of internal roads and garbage removal.
"MOBILE HOME SUBDIVISION" means privately owned parcels of land for the purpose of locating mobile homes
on a permanent basis.
"MOTEL" means a building, or a group of buildings designed with self-contained sleeping or dwellings, each with a
separate entrance and convenient access to on-site parking.
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"MOVED-IN DWELLING - NOT OF NEW CONSTRUCTION" means a residential building containing one dwelling
unit intended as a permanent residence. Single detached dwellings feature the following criteria:
i.
Shall include single detached dwellings constructed off-site;
ii. All exterior walls of the floor area must be dimensioned at less than or equal to 3:1 length to width ratio; and
iii. All roof pitches must be a minimum of 3:12 ratio (3 feet of elevation for 12 feet of width).
All dwellings must adhere to the provisions of the Alberta Safety Codes Act.
"MUNICIPALITY" means the Town of Killam.
"MUNICIPAL ROAD" means a public roadway subject to the direction, control and management of the Town but not
including an internal subdivision road.
"MUNICIPAL SHOP AND STORAGE YARD" means a facility used by the municipality for the storage of materials
used in fulfilling its various functions and the housing and repair of its equipment.
"MUSEUM" means a use of a building, or part of a building for the preservation and presentation of works of art, or
cultural, historical, or scientific objects and information and open to the recreation and education of the public.
"NATURAL RESOURCE DEVELOPMENT" means development for the on-site removal, extraction, and primary
processing of raw materials found on or under the site, or accessible from the site. Typical uses include gravel pits,
sandpits, clay pits, and oil and gas wells, coal mining, and stripping of topsoil, but this does not include the
processing of raw materials transported to the site.
"NON-CONFORMING BUILDING" means a building:
a) That is lawfully constructed or lawfully under construction at the date a land use bylaw affecting the building
or the land on which the building is situated becomes effective; and
b) That on the date the land use bylaw becomes effective does not, or when constructed will not, comply with
the land use bylaw.
c) as defined in the Act or amendment thereto.
"NON-CONFORMING USE" means a lawful specific use:
a) Being made of land or building or intended to be made of a building lawfully under construction at the date a
land use bylaw affecting the land or building become effective; and
b) That on the date the land use bylaw becomes effective does not, or in the case of a building under
construction, will not, comply with the land use bylaw.
c) as defined in the Act or amendment thereto.
"NURSING HOME" means an institution or a distinct part of an institution which is licensed and approved to provide
health care and social support for 24 or more consecutive hours for 2 or more patients who require such care daily
and who are not related to the governing authority or its members by marriage, blood or adoption.
"OFFICE BUILDING" means a facility primarily for providing for the administration of business or government, or the
provision of professional management, administrative or consulting services.
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"OILFIELD SUPPORT SERVICES" means a development that provides cleaning, servicing, repairing or testing of
materials, goods and equipment normally associated with the oil and gas industry and may include the storage of
shipping of such materials, goods and equipment, including petrochemical products and supplies, providing such
storage does not exceed 5,000 cubic meters (1,100,000 imperial gallons) for all organic or inorganic chemicals and
10,000 cubic meters (2,200,000 imperial gallons) for all petroleum products and that such storage is in accordance
with all applicable provincial and federal statutes. This definition applies to oil and gas industry support operations
and includes, but is not limited to, seismic and surveying, well servicing, oilfield haulers, pipeline contractors and
welding operations.
"OPEN OR OUTDOOR STORAGE AREA" means the storage of equipment, goods and materials in the open air
where such storage of goods and materials does not involve the erection of permanent structures or the materials
alteration of the existing state of the land.
"OTHER RELATED IMPROVEMENTS" means utilities (power, gas, well or septic system) and/or mature
shelterbelts.
"OUTDOOR DISPLAY" means land that is used to show, exhibit or make visible products, good, or equipment for
the purpose of sale or promotion.
"PARCEL" means the aggregate of one or more areas of land described in a Certificate of Title or described in a
certificate of title by reference to a plan filed or registered in a land titles office.
"PARCEL COVERAGE" means the area covered by buildings, and without limiting the foregoing, includes carports,
covered patios and covered sundecks.
"PARK" means a development of public land specifically designed or reserved for the general public for active or
passive recreational use and includes all natural and manmade 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 arrangements with the public authority
owning the park. Typical uses include tot lots, band shells, picnic grounds, pedestrian trails, landscaped buffers,
playgrounds and water features.
"PARKING FACILITY" means the area set aside for the storage and parking of vehicles and includes parking stalls,
loading spaces, aisles, entrances and exits to the area, and traffic islands where they are part of the parking facility.
"PARKING LOT" means an area of land providing for the parking of motor vehicles that is not primarily intended for
the use of residents, employees or clients of a particular development.
"PARKING STALL" means that portion of a parking lot that accommodates a parked vehicle.
"PERMITTED USE" means the use of land or of a building that is listed in the column captioned "Permitted Uses" in
Land Use Districts appearing in this Bylaw.
"PERSONAL SERVICE SHOP" means a use of a building or part of a building in which services are provided and
administered to an individual and personal needs of persons, care and appearance of the person or the cleaning and
repair of personal effects and without limiting the generality of the foregoing, includes a barber shop, hairdressing
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establishment, beautician, beauty parlor, shoe repair and shoe shining shop, formal rental shop, tailor shop, bake
shops, depots for collection and delivery of dry cleaning and laundry, self-serve laundry establishments and pet
grooming facilities or other similar uses with no adverse impact on adjoining properties.. The sale of merchandise
shall be permitted as an accessory use to the personal service provided.
"PHARMACY" means a retail store that dispenses prescription drugs and sells, among other things, non-
prescription medicines, health and beauty products, and associated sundry items.
"PLANTING STRIP" means a landscaped area located immediately adjacent to a lot line or portion thereof, on
which is situated one or more of the following screening devices:
i. A continuous row of trees;
ii. A continuous hedgerow of evergreens or shrubs;
iii. A berm;
iv. A wall;
v. An opaque fence; and
vi. Arranged in a way as to form a dense or opaque screen.
"POINT OF SALE ADVERTISING" means material, which relates to the name of the occupier or firm, the nature of
the business conducted and/or goods produced, and/or the main product sold on the premises to which an
advertisement is attached.
"PRIMARY HIGHWAY" means a highway or proposed highway designated as a primary highway under the Public
Highways Development Act.
"PROFESSIONAL OFFICE" means a development whose principal use is to provide administrative, consulting,
financial, information, management or professional services, and includes a bank, call center, or office of an
architect, engineer, lawyer, insurance agent or similar professional use with no adverse impact on adjoining
properties..
"PROFESSIONAL SUPPORT SERVICES" means a development whose principal use is the provision of support
services to businesses, where all on site activity occurs indoors, and includes sign making, catering, janitorial,
security services and similar uses which have no adverse impact on adjoining properties.
"PROPERTY LINE" means the legally defined limit of any lot, shown on a legal plan of survey.
"PROPERTY LINE, FLANKING SIDE" means in the case of a corner lot, the longest property line that abuts a
street.
"PROPERTY LINE, FRONT" means the property line that abuts a public street or on a corner lot, the shortest
property line that adjoins a public street or as assigned by the Development Authority.
"PROPERTY LINE, REAR" means the property line opposite the front property line.
"PROPERTY LINE", SIDE" means the property line that connects the front and rear property line.
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"PROPANE TRANSFER FACILITY" means a facility at a fixed location having not more than one storage container
and such container shall not have an aggregate propane storage capacity in excess of 50,000 liters and from which
not retail sale of propane fuel to the public is or may be affected.
"PUBLIC ASSEMBLY" means the use of a building or land for religious organizations.
"PUBLIC ROADWAY" means a highway, local road, service road, street, avenue or lane which is registered as a
public right-of-way in a land titles office.
"PUBLIC USE" means a building, structure or lot used for public services by the Town except sanitary landfill sites
and sewage lagoons, or by any local board or agency of the Town, or by any department, commission or agency of
the Province of Alberta or Government of Canada.
"PUBLIC UTILITY BUILDING" means anything constructed or paced on, in, over or under land which shelters a
system or works used to provide one or more of the following for public consumption, benefit, convenience or use:
a) Water or steam;
b) Sewage disposal;
c) Public transportation operated by or on behalf of the municipality;
d) irrigation;
e) drainage;
f)
fuel;
g) electric power;
h) heat;
i)
water management;
j)
telecommunications
"REAL PROPERTY REPORT" means a legal document prepared by an Alberta Land Surveyor that illustrates the
location of all relevant visible public and private improvements relative to property boundaries. It is in the form of a
plan or illustration of the various physical features of the property including a written statement detailing the
surveyor's opinions or concerns. It is relied upon by the municipality as an accurate representation of the
improvements to property.
"RECREATIONAL AMUSEMENT PARK" means a commercial recreation facility with or without permanent
buildings or structures where rides, games of chance, entertainment, exhibitions, and the sale of food, beverages,
toys and souvenirs constitute the main use.
"RECREATION FACILITY" means development that provides facilities for sports and active recreation. Typical
facilities would include athletic clubs, bicycle/pedestrian trails, billiard of pool halls, bowling alleys, campsites, driving
ranges, golf courses, health and fitness clubs, curling, indoor golf facilities, indoor soccer facilities, roller-skating and
hockey rinks, rifle and pistol ranges, sports fields, tennis courts and swimming pools. The intended application is for
both private and public facilities.
"RECREATION VEHICLE" means a portable structure designed and built to be carried on a vehicle or to be
transported on its own wheels and which is intended to provide temporary living accommodation for travel and
recreation purposes. It does not need any special license or permit to travel on the public road systems other than a
Page 21
usual trailer or vehicle license, and without limiting the generality of the foregoing, includes such vehicles as a motor
home, a camper, a travel trailer or a tent trailer. It does not include a portable industrial trailer, mobile home,
manufactured home, or any vehicle or trailer over eight feet in width while being transported.
"RECYCLING DEPOT" means a development which is used for the buying, collection, sorting and temporary
storage of material prior to shipment for repeated use or to others who will use those materials to manufacture new
products, and may include the handling of hazardous materials.
"REGISTERED OWNER" means
i. In the case of land owned by the Crown in right of Alberta or the Crown in right of Canada, the Minister of the
Crown having the administration of the land; or
ii. In the case of other land,
iii. The purchaser of the fee simple estate in the land under an agreement for sale that is the subject of a caveat
registered against the certificate of title in the land and any assignee of the purchaser's interest that is the
subject of a caveat registered against the certificate of title or
iv. In the absence of a person described above, the person registered under the Land Titles Act as the owner of the
fee simple estate in the land.
"RESEARCH FACILITY" means a building or portion thereof, or group of buildings in which facilities for scientific
research, investigation, and testing are located.
"RESTAURANT" means a food establishment where food is sold or distributed in state ready for immediate
consumption and that has: seating or standing room designed for food consumption by patrons; or parking space
under the control of the owner provided so that a patron may consume food in a vehicle, and includes a canteen,
cafeteria, dining room or similar facility provided for employees, staff or students.
"RESTAURANT - DRIVETHRU" means a place in which food is prepared and sold to the general public and
consumed on the premises inside or outside of an automobile and includes an exterior method of ordering and
picking up food.
"RESTAURANT - TAKEOUT/DELIVERY" means an establishment primarily engaged in primarily specialty foods in
bulk and in providing customers with a takeout and/or delivery service, which may or may not be consumed on or off
the premises.
"RETAIL STORE" means a development used for the retail sale of consumer goods, from within an enclosed
building, (excludes the sale of Cannabis products, see Cannabis Retail Sales/Store).
"RETAIL STORE, LIQUOR "means a use licensed by the Alberta Liquor Control Board, where alcoholic beverages
are stocked and sold to the public and are intended to be consumed off the premises.
"RETIREMENT HOME" means a place of residence for persons in or entering retirement where an independent
lifestyle is maintained with little to no assistance required and that may include additional services such as but not
limited to entertainment rooms, kitchens, libraries, and administrative offices.
"SCHOOL" means a development that is publicly supported and involves public assembly for education, training, or
instruction of students.
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"SEA CANS OR TRANS MODAL CONTAINER BOXES" means any container that was used for transport of good
by means of rail, truck, or sea. These containers are rectangular in shape and are generally made of metal.
"SEED CLEANING PLANT" means a building used for the storage and preparation of seed used in agriculture.
"SERVICED" means that approved development uses municipal water and sewer services, including treatment,
where such services have been installed and are operating in accordance with municipal requirements.
"SETBACK" means the shortest horizontal distance required between a property line of a lot and the nearest part of
any building, structure, development, excavation or use on the lot. (Distance to the nearest foundation wall of the
principal or any other relevant structure or building, not including permitted projections.)
"SETBACK-FRONT" means the distance between a Building or Development or other specified thing and the Front
Property Line.
"SETBACK-REAR" means the distance between a Building or Development or other specified thing and the Rear
Property Line.
"SETBACK-SIDE" means the distance between a Building or Development or other specified thing and the Side
Property Line.
"SHOPPING CENTRE" means one or more buildings, or part thereof, containing a group of separate commercial
operations which is maintained as a single comprehensive unit and located on a single lot, such lot being held and
maintained under one ownership or under condominium ownership.
"SIGHT TRIANGLE" means an area at the intersection of roadways or roadways and railways in which all buildings,
fences, vegetation and finished ground elevations shall be less than one (1) meter (3.28 feet) in height above the
average elevation of the road/lane/rail, in order that vehicle operators may see approaching vehicles in time to avoid
collision.
"SIGN" means an object, structure or device used for the purpose of identification or advertising or to call attention to
any person, matter, thing or event or to give direction.
"SIGN - AWNING" means a sign attached to a non-retractable structure completely enclosed overhead, which is
intended to be used for business identification and protection against the weather and which is not supported
independently of any other building structure.
"SIGN - BILLBOARD" means a sign structure designed and intended to provide a leasable advertising copy area of
18.0 square meters (194.4 square ft.) where the copy can be periodically replaced, typically by the use of pre-printed
copy pasted or otherwise mounted onto the copy area.
"SIGN - FASCIA" means a sign placed flat and parallel to the face of the building so that no part projects more than
0.3 m (0.984 ft.) from the building.
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"SIGN - FREESTANDING" means a sign on a standard or column permanently attached to the ground and which is
not connected in any way to any building or other structure.
"SIGN - PORTABLE" means any sign or advertising device that can be carried or transported from one site to
another, which does not rely on a building or a fixed concrete foundation for its structural support and includes signs,
temporary signs, inflatable signs, or devices or banners, whether tethered to a building or no, vehicles placed in a
location for advertising purposes, but does not include an A-Board or real estate sign or signage permanently
attached and forming part of motor vehicles use in the day to day conduct of business.
"SIGN - PROJECTING" means a sign which projects from a structure or a building face.
"SITE" means a parcel, lot or group of lots used for or proposed to be used for the undertaking of a development.
"SOLAR ENERGY - COMMERCIAL USE" means a solar energy system that is designed exclusively to provide for
the commercial distribution of electricity.
"STORAGE - INDOOR" means a self-contained building or group of buildings available for the storage of goods.
This use includes mini-storage, private storage facilities, and warehouse.
"STORAGE - OUTDOOR" means a site or a portion of a site designed for the storage of goods, materials and/or
equipment, or the display and sale of goods and materials, including vehicles for hire and sale, located outside
permanent buildings or structures on the site. This use includes lumber storage and lumber yard.
"STRUCTURE" means anything constructed or erected, the use of which requires location on the ground or
attachment to something located on the ground not including pavement, curbs, walks, open air surfaces and movable
vehicles.
"SUBDIVISION" means the division of a parcel of land into one or more smaller parcels by a plan of subdivision or
other instrument.
"SUBDIVISION AUTHORITY", as established pursuant the Act, means that person(s) or body defined by the
Subdivision Authority Bylaw of the Town of Killam.
"SUBDIVISION AND DEVELOPMENT APPEAL BOARD", means the Board established pursuant to the Act and
the Subdivision and Development Appeal Board Bylaw of the Town.
"SUPERMARKET", means a self-service retail market selling especially foods and household merchandise.
"TANKER TRUCK WASHING FACILITY" means a commercial building for cleaning and inspecting the tanks of
tanker trucks.
"TAXI/BUS DEPOT" means a use, site or building used as a dispatch office for taxis, limousines or buses and may
include an area, site or location intended for the parking of taxis, limousines or buses or for loading and unloading of
passengers.
"TEMPORARY" means such time limit as set by the Development Authority.
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"TEMPORARY MOBILE COMMERCIAL SALES" means the sale of goods from a vehicle or stand for a period not
exceeding 180 days per year in the Central Commercial and Light Industrial Business Districts.
"TEMPORARY STRUCTURE" means a structure without any foundation or footings and which is removed when the
designated time, activity or use for which the temporary structure was erected has ceased.
"THEATRE" means a building, or part thereof, used for the presentation of performing arts which may or may not be
for a fee but does not include adult entertainment facilities.
"THEATRE - MOVIE" means a building, or part thereof, used for the showing or viewing of motion pictures for a fee.
"TOP SOIL" means that depth of soil containing the major portion of organic matter, generally the depth that the land
is tilled.
"TRADE/COMMERCIAL SCHOOL" means a building, structure or land that provides for technical instruction to
students for profit.
"TRANSPORT/TRUCK OPERATION" means a development involving the storing, parking, servicing and
dispatching of commercial vehicles and transport trailers. This use may also involve the transfer of goods primarily
involving loading and unloading of freight carrying trucks.
"TRUCK DEPOT" means any building, or land or portion thereof, in which or upon a business, service or industry
involving the maintenance, servicing, storage or repair of commercial vehicles and/or transport trailers is conducted
or rendered. This includes the dispensing of motor fuel or petroleum products directly into motor vehicles, the sale of
accessories or equipment for trucks and similar commercial vehicles.
"TRUCK AND MOBILE HOME SALES AND RENTAL" means a development used for the retail sale or rental of
new or used trucks exceeding 4,000 kg (8,800 lbs.), motor homes, and mobile homes together with incidental
maintenance services and the sale of parts and accessories.
"TRUCK STOP" means a use that combines a "CONVENIENCE FOOD STORE", "EATING ESTABLISHMENT",
"GAS BAR", "TRUCK DEPOT", and "AUTOMOTIVE SERVICE STATION" in order to cater both to the traveling public
and commercial truck traffic.
"UNDERGROUND WASTE STORAGE TANKS" means tanks used for the temporary storage of wastewater, sludge
and solids.
"UNDERSIZED LOT" means a lot that does not meet the minimum length, width or area requirements of the district
in which it is located.
"URBAN RESERVE" means lands presently within the Town, which are intended for future development in order to
accommodate the Town's long-term industrial or residential land requirements.
"USE" means the purposes for which land or a building is arranged or intended of which either land, a building or
structure is, or may be, occupied and maintained.
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"UTILITIES" means the right of way and/or use of the land or buildings for one or more of the following:
i. Telecommunication systems;
ii. Waterworks systems;
iii. Irrigation systems;
iv. Systems for the distribution of gas;
v. Systems for the distribution of electric power;
vi. Storm water management systems;
vii. Heating systems; and
viii. Sewage systems.
"UTILITY BUILDING" or "UTILITY USE" means a building or land, or portion thereof, as defined in the Act in which
the proprietor of the public utility maintains its office or offices and/or maintains or houses any equipment used in
connection with any public utility building.
"VEHICLE WASH" means a use, building or structure where facilities are specifically used or intended to be used for
washing vehicles either by production line methods employing mechanical devices or by hand.
"VETERINARY CLINIC" means the use of land and building for the medical care and treatment of livestock and
other animals.
"WAREHOUSE SALES/STORE" means development used for the wholesale of a limited range of bulky goods from
within an enclosed building where the size and nature of the principal goods being sold typically require large floor
areas for direct display to the purchaser or the consumer. This use class does not include developments used for the
retail sale of food or a broad range of goods for personal or household use.
"WATER BODY" means:
i. The bed and shore of a lake, lagoon, swamp, marsh, or any other natural body of water; or
ii. Reservoir or other man-made surface feature, whether it contains water continuously or intermittently.
"WATERCOURSE" means:
i. The bed and shore of a river, stream, creek or other natural body of water, or
ii. A canal ditch or other man-made surface feature whether it contains water continuously or intermittently.
"WIND POWER FACILITY" means the processes, installations, and any other structures or systems required to
convert power in wind to electrical or mechanical energy, where the tower height is more than 10 ft. (3m). The power
facilities include the tower(s), supporting structures, and accessory buildings.
a) "Tower" means the structure which supports the rotor above grade level.
b) "Tower Height" means the height of the structure measured from grade level to the highest point of the
rotor's arc.
"YARD" means a part of a lot upon or over which no building or structure other than a boundary fence is erected,
except for specifically permitted accessory buildings.
"YARD - FRONT" means a yard extending across the full width of a lot and situated between the front lot line and
the nearest exterior wall of the principal building. The minimum front yard depth is the shortest horizontal distance
permitted between the front lot line of such lot and the nearest part of the principal building.
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"YARD - INTERIOR SIDE" means a side yard other than an exterior side yard.
"YARD - REAR" means a yard extending across the full width of a lot and situated between the rear lot line and the
nearest exterior wall of the principal building. The minimum rear yard is the shortest horizontal distance permitted
between the rear lot line of such lot and the nearest part of the principal building.
"YARD - SIDE" means the yard extending from the front yard to the rear yard and situated between the side lot line
and the nearest exterior wall of the principal building. The minimum side yard is the shortest horizontal distance
permitted between the side lot line of such lot and the nearest part of the principal building.
"ZERO LOT LINE PLACEMENT" means the placement of a building on a lot in such a manner that the building
abuts one or more of the lot lines of the lot.
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THREE: Development Authority
Section 10: Designated Officer
10.1
The office of designated officer is hereby established, and such office shall be filled by a person or persons
to be appointed by resolution of Council.
10.2
The Designated Officer shall keep and maintain for the inspection of the public during all reasonable hours,
a copy of this Bylaw and all amendments thereto, and keep a register of all applications for development
and subsequent decisions.
10.3
For the purposes of this Bylaw the Designated Officer serving as the Development Authority shall be titled
as "Development Officer".
Section 11: Municipal Planning Commission
11.1
The Municipal Planning Commission established by Bylaw shall perform such duties as specified in Part 4 of
this Bylaw as well as the Municipal Government Act, Subdivision and Development Regulation.
Section 12: Subdivision and Development Appeal Board
12.1.1 The Subdivision and Development Appeal Board (SDAB) established by Council shall perform such duties
as are specified in the Act.
12.2
At the appeal hearing the SDAB shall hear all those persons that it is required to hear under the Act.
12.3
At the hearing of the appeal, should the SDAB desire legal or technical opinions, it may adjourn the hearing
pending receipt of such information, opinions or other assistance the Subdivision and Development Appeal
Board as established by this Bylaw.
12.4
The Chairperson shall be responsible with respect to all things required to be carried out by the Board under
the Act to see that they are carried out in accordance with the provisions of the Act, and;
12.4.1 Is empowered to rule that evidence presented is irrelevant to the matter in issue and to direct the
members to disregard the evidence.
12.4.2 May limit a submission if he determines it repetitious; and
12.4.3 When a hearing is adjourned, but the time and place for the continuation of the hearing is not fixed,
shall announce that notice of continuation of the meeting will be sent to those persons leaving their
name and address with the Secretary. Thereafter, only those persons leaving their name and
address shall be entitled to notice of the continuation of the hearing.
12.5
After hearing all submissions, the SDAB may deliberate and reach its decision in private. In arriving at its
decision the majority vote of those members present shall constitute the decision of the SDAB. If the vote
results in a tie, the appeal is lost.
12.6
The Secretary or Chairperson may make a verbal announcement of the SDAB's decision at the conclusion
of the hearing of an appeal, but the verbal decision is neither final or binding on the SDAB, and no rights are
conferred upon any party by the SDAB's verbal decision until written notice of the decision has been given
in accordance with the Act.
12.7
The SDAB shall give its decision and reasons in accordance with the Act to the applicant, the appellant, and
those affected persons who gave their name and address to the Secretary during the hearing.
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12.8
The Secretary shall, under the direction of the SDAB:
12.8.1 Notify members of the meetings of the SDAB;
12.8.2 Keep available for public inspection before the commencement of the public hearing all relevant
documents and materials respecting an appeal under the Act, including the application for the
development permit or subdivision, and the appeal therefore, or the order of a Development Officer
under Section 645 of the Act, as the case may be;
12.8.3 Make and keep a written record of the proceedings of the SDAB which shall include: a summary of
the evidence presented at the hearing; the decision of the development approving authority; the
notice of Appeal and Hearing of the Appeal; the SDAB's decision, including reasons, for each
appeal.
12.8.4 Keep a list of names and addresses of persons who leave their names and addresses with the
Secretary; and
12.8.5 Keep a record of all business coming before the SDAB and after the adoption of the minutes of
each meeting of the SDAB, transmit a copy of the minutes to Council.
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FOUR: Development Permits
Section 13: Control of Development
13.1
No development other than that designated in Section 15 shall be undertaken within the Municipality unless
an application for it has been approved and a development permit has been issued.
Section 14: Fees
14.1
The fees to be charged by the Town on all applications and other matters arising under this Bylaw are set
forth in Schedule B. Council may at any time by resolution revise any fee shown in Schedule B or specify a
fee for any other matter arising under this Bylaw.
Section 15: When a Development Permit is Not Required
15.1
A Development Permit is not required for the following developments provided that the proposed
development complies with all applicable regulations of this Bylaw:
15.1.1 Altering, maintaining or repairing any building, provided that the work does not include structural
alterations or does not result in an increase in the number of dwelling units;
15.1.2 The completion of any development which has lawfully commenced before the passage of the
Land Use Bylaw or any amendment thereof, provided that the development is completed in
accordance with the terms of any permit granted in respect of it, and provided that it has
commenced within 12 months of the date of approval.
15.1.3 The use of any such development as is referred to in subsection (b) for the purpose for which the
development was commenced.
15.1.4 The temporary erection, installation or use of machinery, structures or buildings such as a
construction trailer, that is incidental to the erection or alteration of a permanent development for
which a permit has been issued under this Bylaw. This does not include a real estate sales office,
show home or similar facility;
15.1.5 The temporary use of a parcel not exceeding six months per year for the sole purpose of mobile
commercial sales, providing a business license is obtained from the municipality and the location of
the business is to the satisfaction of the Development Officer;
15.1.6 The maintenance and repair of public works, services or utilities carried out by or on behalf of
federal, provincial or municipal authorities;
15.1.7 Development specified in Section 618 of the Municipal Government Act;
15.1.8 Any development carried out by or on behalf of the municipality provided that such development
complies with all applicable provisions of this Land Use Bylaw;
15.1.9 Any development carried out by or on behalf of the Crown but not including that carried out by or
on behalf of a Crown Corporation;
15.1.10 The erection of an on-site sign offering for sale, lease or rent any land or building pursuant to the
regulations contained in this Bylaw;
15.1.11 The erection of one unilluminated sign for non-residential uses of the following nature and size for
use within a building or on a parcel, provided such signs do not resemble traffic signs: a fascia sign
for the purpose of identification, direction and warning not exceeding 0.2 m² (2.2 ft²); a fascia sign
relating to a person, partnership or company carrying on a profession, business or trade not
exceeding 0.3 m² (3.2 ft²); and a fascia or freestanding sign relating to a religious, educational,
cultural, recreational or similar institution, or to an apartment not exceeding 1.0 m² (10.8 ft²).
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15.1.12 Erection of towers, flagpoles and other poles not exceeding 4.5 m (14.8 ft.) in height from grade in
any Residential District.
15.1.13 Fences in a residential district with a maximum height of 1m in the front yard or 2m in a rear or side
yard (all other relevant provisions in Section 40 of this bylaw still apply). Fences for homes which
are currently in other districts will also fall under same provision if the property is being used for
residential purposes.
15.1.14 In a residential district, structures of a recreational or aesthetic nature or an accessory building
associated with the principal residence if less than 10m2 gross floor area and of a maximum height
to the peak of the roof of no greater than 3m provided the structure is located in the rear yard.
Prefabricated vinyl structures (new) over 10m2 and up to 12m2 will require a development permit
only as they are not able to be processed within the building permit process.
15.1.15 In a non-residential district, the construction of an accessory building or relocation of a
prefabricated accessory building having a total gross floor area of less than 10m2 and a maximum
height to roof peak of 4.6m.
15.1.16 The construction of a deck, landing or patio, less than 0.61m in height measured from the finished
grade to the top of the supporting structure.
15.1.17 A temporary outdoor above ground private swimming pool so long as it
a- is not located in the front setback area
b- has a total area less than 15% of the parcel area
c- does not have any above grade components including a deck, walkway, supporting member,
heater or mechanical equipment within1.2m of any property line;
d- is located in a fenced yard with a minimum fence height of 1.8m and be constructed in a manner
that will reasonably deter children from climbing over or crawling under to gain access and the area
must be secured against entry by the public other than owners, tenants and guests
15.1.18 Landscaping where the proposed grades will not adversely affect the subject or adjacent
properties, except where a Development Permit allows for such landscaping; and
15.1.19 Stripping, site grading or excavation that is part of a development for which a Development Permit
has been issued.
Section 16: Non-Conforming Buildings and Uses
16.1
Developments which are considered to be a non-conforming building or use shall be dealt with as provided
for under the Municipal Government Act.
Section 17: Application for Development Permit
17.1
A Development Permit application shall be made to the Development Officer on the prescribed form and
shall be signed by the Registered Owner or his agent.
17.2
Each application for a development permit shall be accompanied by a fee as established by Section 14 of
this Bylaw.
17.3 In addition to the completed application form, the following are required:
(a) a duplicate site plans at a scale of 1:100, unless otherwise acceptable to the development
officer, north arrow showing;
(b) scale of plan.
(c) legal description of property.
(d) municipal address.
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(e) lot lines shown with dimensions.
(f) proposed front, side, and rear yards shown with dimensions.
(g) location of existing and proposed municipal and private local improvements, principal building
and other structures including accessory building, garages, carports, parking spaces, fences,
driveways, paved areas, exterior lighting, and major landscaped areas including buffering and
screening areas where provided.
(h) the grades of adjacent streets, lanes and sewers servicing the property.
(i) development density, site coverage calculations, height by meters and number of stories
according to the definitions of this bylaw.
(j) dimension layout of existing and proposed parking areas, entrances and exits abutting roads
shown and labelled.
(k) site topography, drainage patterns, grades, and special conditions; and
(l) location of all registered utility easements and rights-of-way.
(m) a copy of the certificate of title showing ownership.
17.4
In addition, the Development Officer may require any of the following:
i. Photographic prints or slides showing the site in its existing state;
ii. A Plan of Survey prepared by an Alberta Land Surveyor showing the site to be
developed.
iii. A geotechnical or floodplain study prepared by a qualified engineer recognized
by APEGGA if in the opinion of the Development Officer the site is potentially
hazardous or unstable.
iv. A reclamation plan for aggregate extraction or other major surface disturbance.
v. A Phase 1 Environmental Site Assessment, conducted according to Canadian
Standards Association (CSA) guidelines, to determine potential contamination
and mitigation.
vi. An Environmental Impact Review prepared by a qualified professional if the
proposed development may, in the opinion of the Development Officer, result in
potentially significant environmental effects.
vii. Detailed studies regarding the potential impact and approach to dealing with
traffic, utilities and storm drainage prepared by a qualified engineer or
engineering technologist recognized by APEGGA.
viii. Elevations of any signs proposed for the development.
ix. A letter of security and/or performance bond or certified cheque commensurate
with the scope of the project to ensure completion of the development.
x. Such other information that is deemed necessary by the Development Officer
and/or Municipal Planning Commission.
17.4
The Development Officer may deal with an application without all of the required information if, in the
opinion of the Development Officer, a decision can be properly made on the application without that
information.
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Section 18: Decision
18.1
The Development Officer and/or Municipal Planning Commission may issue a development permit with any
condition deemed necessary to ensure that the development complies with the Municipal Government Act,
this bylaw and any or all statutory plans.
18.2
In making a decision on a Development Permit application for a Permitted Use, the Development Officer:
18.2.1 Shall approve, with or without conditions, the application if the proposed development conforms
with this Bylaw; and
18.2.2 May require security as per the development agreement (if applicable) from the applicant to secure
performance of any of the conditions of a development; and
18.2.3 May require as a condition of issuing the development permit, that the applicant enter into an
agreement with Council to construct or pay for the construction of public roadways, pedestrian
walkways, parking and loading facilities, and any off-site levy or redevelopment levy imposed by
Bylaw. To ensure compliance with the conditions in the agreement, the Town may register a
caveat against the said lands in favor of the Town; or
18.2.4 Refer to the Municipal Planning Commission those applications for development specified in the list
of permitted uses, but which in the opinion of the Development Officer, should be directed to the
Municipal Planning Commission; or
18.2.5 Shall refuse the application if the proposed development does not conform to this Bylaw.
18.3
In making a decision on a Development Permit application for a Discretionary Use, the Municipal Planning
Commission:
18.3.1 May approve the application if it meets the requirements of this Bylaw, with or without conditions,
based on the merits of the application including any approved statutory plan or approved policy
affecting the site; or,
18.3.2 May refuse the application even though it meets the requirements of this Bylaw; or,
18.3.3 Shall refuse the application if the proposed development does not conform to this Bylaw.
18.3.4 May require as a condition of issuing the development permit, that the applicant enter into an
agreement with Council to construct or pay for the construction of public roadways, pedestrian
walkways, parking and loading facilities, and any off-site levy or redevelopment levy imposed by
Bylaw. To ensure compliance with the conditions in the agreement, the Town may register a
caveat against the said lands in favour of the Town.
18.3.5 In reviewing a development permit application for a Discretionary Use, the Municipal Planning
Commission shall consider the circumstances and merits of the application, including but not
limited to:
(a) the impact on properties in the vicinity of such nuisance factors as smoke, airborne
emissions, odors and noise;
(b) the design, character, and appearance of the proposed development and in
particular whether it is compatible with the surrounding properties; and,
(c) the servicing requirements for the proposed development;
(d) The purpose and intent of any statutory plan adopted by the Town; and
(e) The purpose and intent of any non-statutory plan or pertinent policy adopted by the
Town.
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18.4
Notwithstanding any provisions or requirements of this Bylaw, the Municipal Planning Commission may
establish a more stringent standard for a Discretionary Use when the Municipal Planning Commission
deems it necessary to do so.
18.6
The Municipal Planning Commission may refuse a development permit for a use or development that is not
listed as a Permitted or Discretionary Use.
18.7
Only one development permit application shall be allowed for any one use on a site at any one time.
18.8
An application for a development permit shall be deemed to be refused when a decision is not made by the
Development Authority within forty (40) days after receipt of the application by the Development Officer,
unless an agreement to extend the forty (40) day period is established between the applicant(s) and the
Development Officer and/or Municipal Planning Commission.
18.9
Re Applications - If an application for a development permit is refused, or after an appeal, the
development authority may refuse to accept a subsequent application for the same or similar use until a
period of 6 months has passed from the date of the most recent refusal. Additionally, if 2 or more
Development Permit applications for the same purpose or activity within a Use on the same site have been
refused by the Development Officer/ Authority, the SDAB, The Alberta Court of Appeal, the Supreme Court
or any combination of the above, the 3rd or subsequent application shall not be accepted by the
Development Officer until one year form the date of the most recent refusal.
Section 19: Temporary Permits
19.1
A development permit may be issued on a temporary basis and the Development Officer and/or Municipal
Planning Commission may specify the length of time that the permit remains in effect.
19.2
Where a temporary permit is issued, the Development Officer and/or Municipal Planning Commission shall:
19.2.1 Require that the use be stopped, or the temporary development removed once the permit expires.
19.2.2 Impose a condition that the Town is not liable for any costs incurred in removing the development.
19.2.3 The Development Officer and/or Municipal Planning Commission may require that the applicant
enter into an agreement with the Town guaranteeing the removal of the temporary development
when the intended use is changed or discontinued. The agreement may require the applicant to
post a security guaranteeing the removal of the development.
19.2.4 Upon expiry of a temporary development permit, a new application is required. Such application
shall be considered as a first application and the Development Officer and/or Municipal Planning
Commission is not obliged to approve it on the basis that a previous permit was issued.
19.3
Where a temporary permit is issued for a sea can or (transmodal container box) in a Residential (R-1A, R1,
R2, R3 or R4) land use district, the Development Officer and/or Municipal Planning Commission shall:
19.3.1 Require that the use be stopped or the temporary development removed once the permit expires;
19.3.2 Impose a condition that the Town is not liable for any costs incurred in removing the development.
19.3.3 The Development Officer and/or Municipal Planning Commission may require removal of the
temporary development when the intended use is changed or discontinued. The agreement may
require the applicant to post a security guaranteeing the removal of the development.
19.3.4 Only permit this type of development to a maximum of 3 months and upon expiry of the temporary
development permit, only 1 extension will be granted for a period not to exceed 3 months. Such an
application shall be considered as a first application and the Development Officer and/or Municipal
Planning Commission is not obliged to approve it on the basis that a previous permit was issued.
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Section 20: Variance Authority
20.1
Notwithstanding Sections 18.2.5 and 18.3.3, the Development Authority may consider an application for a
development that does not conform to this Bylaw, if in its opinion:
20.1.1 the proposed development conforms with the use prescribed for the land or building in this Bylaw;
and
20.1.2 the proposed development would not:
(a) unduly interfere with the amenities of the neighbourhood; or
(b) materially interfere with or affect the use, enjoyment or value of neighbouring properties.
20.2
Unless otherwise prescribed elsewhere in this Bylaw, all development permit applications for a variance
shall be referred to the Municipal Planning Commission for a decision.
20.3
In exercising their discretion under Section 20.1, the Development Authority shall consider the general
purpose and intent of the appropriate district and the following requirements:
20.3.1 except as otherwise provided in this Bylaw, there shall be no variance from the regulations
prescribing dwelling unit density or parcel coverage;
20.3.2 a variance from the provisions in this Bylaw shall not be granted when the variance will knowingly
cause a building or use to not comply with federal, provincial, or other municipal regulations,
including the Safety Codes Act;
20.3.3 variance requests to height, setbacks, and other regulations that may affect the conformance of a
structure with municipal, provincial, or federal regulations shall be circulated to affected
departments for review and comment prior to a decision on the application for the development
permit;
20.3.4 as part of the authority given to the Development Authority to process Real Property Reports
(RPR's), the Development Authority may sign an RPR and issue a Certificate of Compliance if the
District requirements are not met, provided the variance required is a distance of not more than
0.15m.
20.4 A variance request shall include justification as to why the regulation cannot be adhered to. In applying
for a variance to a Bylaw regulation, the applicant shall demonstrate to the Development Authority that
the impact of the variance will be no more than minor. In assessing the impact, the considerations for
granting a variance may include the following:
a) Reduction of Front and Side Yard Setback
That the location the building does not adversely affect the visual urban presence of the building in context
with the surrounding area; and
That the building does not adversely impact the ability for on-site parking to occur; and
That the building does not adversely impact the ability of vehicles to obtain clear visibility when moving to
and from the site.
Reduction of Side Yard Setback
That the scale of the building or structure is not significantly out of context with the scale of buildings
adjoining the subject property; and
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That the building or structure does not result in an invasion of privacy on adjoining properties; and
That the building or structure does not adversely result in the loss of additional sunlight to principal living
areas or outdoor areas of adjoining residential properties beyond the permitted setback;
Where the structure is required for addressing mobility access to a residential dwelling where no other
practical alternative can be provided; and
That adequate access is able to be maintained to the rear of the property in which it is demonstrated that
barbecues, wheelbarrow or utility equipment, where applicable, can easily be maneuvered down one side of the
property. This assessment needs to take into consideration the impact related to a fence being constructed along the
boundary to which the variance applies.
Reduction of Rear Yard Setback
That the scale of the building is not out of context with the scale of buildings adjoining the subject property;
and
That the building does not result in an invasion of privacy on adjoining properties; and
That the building does not adversely result in the loss of additional sunlight to principal living areas or
outdoor areas of adjoining properties beyond the permitted setback; and
That the building does not adversely affect the ability to have an adequate consolidated outdoor amenity
area; and
In the case of a rear lane, it should be demonstrated that the building does not adversely impact the ability
for vehicles to obtain clear visibility when moving to and from the site.
Increase in Lot Coverage
That the scale of the building is not out of context with the scale of buildings adjoining the subject property;
and
That the building does not result in an invasion of privacy on adjoining properties; and
That the building does not adversely result in the loss of additional sunlight to principal living areas or
outdoor areas of adjoining properties beyond the permitted lot coverage; and
That the building does not adversely affect the ability to have an adequate consolidated outdoor amenity
area.
Reduction of Lot Size
That the size of the lot does not adversely impact the urban lot layout that would lead to a building being out
of character with the scale of other buildings in the surrounding area; or
That the size of the lot does not result in the inability for a building of a similar scale and character to the
other buildings in the neighbourhood to be placed on the lot and meet all other respective setback controls.
Increase in Height of Buildings or Structures
That the scale of the building or structure is not significantly out of context with the scale of buildings or
structures in the surrounding area; and
That the building or structure does not result in an invasion of privacy on adjoining properties; and
That the building or structure does not result in the significant additional loss of sunlight to the principal
indoor living areas and outdoor amenity areas of adjoining properties; and
That the building or structure does not create a dominant impact on the adjoining property(s).
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Increases or Decreases in Density
That any increase or decrease in density does not result in development which is significantly out of context
or scale with the development pattern of abutting lots; and
That any decrease in density does not result in a development which significantly limits the future
development potential of a Lot; and
That the building does not result in an invasion of privacy on the adjoining properties; and
That the building does not adversely result in the loss of additional sunlight to principal living areas or
outdoor areas of adjoining properties; and
That the building or structure does not create a dominant impact on the adjoining property(s).
Increase in Fence Height
That the height of the fence does not adversely impact the loss of sunlight to indoor spaces or principal
outdoor living spaces of the adjoining property; and
That the height of the fence is not out of scale with other fences in the surrounding area; and
That the fence does not create a dominant impact on the adjoining property(s).
Reduction of Landscaping
That the landscaping shortfall or loss will not adversely impact the aesthetic and visual urban form of the
surrounding area or new development; or
Where it is demonstrated that there would be greater benefit to the community through providing alternative
landscaping options.
Revised Parking Requirements
The applicant shall be required to provide a parking impact assessment.
The number of parking spaces may be reduced provided that the reduction in parking will not lead to
parking, related to the use, within the public right of way.
The number of parking spaces required to be hard surfaced may be reduced based on the use of the
building provided that a report from a qualified Engineer is provided to identify the potential impact on traffic, parking,
on-site maintenance, and any off-site impacts and how these impacts will be mitigated.
iv) A portion of the required parking spaces in commercial, industrial, or institutional developments may be
developed to a smaller standard or dimension for compact vehicles, provided that there are no off-site impacts.
Reduced Access Distance
That the access does not adversely affect the safe movement of vehicles along the right-of-way; and
That the access does not adversely affect the ability for vehicles to safely move to and from site; and
(l) Signs
i) that the size of the sign does not dominate in context to other legal signs in the immediate area
ii) that the size of the sign does not adversely impact the architectural character of the building and
adjacent buildings.
iii) that the sign does not obstruct sight lines for vehicular traffic
iv) that the sign does not obstruct the ability of pedestrians to move freely along the sidewalk
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v) that the sign does not contribute to clutter on the site adversely affecting the aesthetic value of the
immediate surrounding area
vi) that the cumulative impacts of the signage of the overall area does not adversely impact the
aesthetic and visual character of the surrounding area.
20.4
The Development Authority may issue a variance in accordance with Table 20-1:
Table 20-1: Variances
District
Percentage of variance
that may be granted by a
Development Officer
Percentage of variance that
may be granted by the
Municipal Planning
Commission
R1A - Residential Single Detached
0.1% - 19.9%
20.0% - 75%
R1 - Residential General
0.1% - 19.9%
20.0% - 75%
R2 - Residential Mobile Home
Subdivision
0.1% - 19.9%
20.0% - 75%
R3 - Residential Multi Family
0.1% - 9.9%
10.0% - 75%
R4 - Residential Low Density
0.1% - 19.9%
20.0% - 75%
C1 - Commercial Central
0.1% - 9.9%
10.0% -75%
LIB - Light Industrial Business
0.1% - 29.9%
30.0% - 75%
P - Parks
0.1% - 9.9%
10.0% - 75%
I - Institutional
0.1% - 9.9%
10.0% - 75%
UR - Urban Reserve
0.1% - 29.9%
30.0% -75%
Variances for the districts listed above in excess of what is prescribed in the third column of Table 20-1 shall be
refused by the Development Authority unless otherwise noted.
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Section 21: Notice of a Proposed Development
21.1
The Development Officer may refer a development permit application to any external agency for comment
and advice.
21.2
On receipt of a complete application for a development permit for a development listed as a Discretionary
Use or a development permit that requires a variance, the Development Officer may send a written notice to
adjacent property owners indicating the location and nature of the proposed development and ask for
comment.
21.3
After 30 days from the date of referral to any external agency, the Development Officer and/or Municipal
Planning Commission may deal with the application whether or not comments have been provided.
Section 22: Notice and Validity of Decision
22.1
A decision of the Development Officer and/or Municipal Planning Commission on an application for a
development permit shall be given in writing and sent by regular mail to the applicant.
22.2
Where a development permit application is refused, the reason(s) for the refusal shall be stated in the
decision letter.
22.3
When a development permit, that is a discretionary use or if it is a permitted use but requires a variance, is
approved, the Development Officer shall publicize a notice of decision in any or all of the forms as described
as follows:
22.3.1 Mail a notice of the decision to all persons whose use, enjoyment or value of the property may, in
the opinion of the Development Officer, be affected; and/or
22.3.2 Post a notice of the decision conspicuously on the property for which the application has been
made; and/or
22.3.3 Publish in a newspaper circulating in the municipality a notice of the decision.
22.4
A permit does not come into effect until 21 days after the date the approval is posted or published in the
newspaper. If an appeal is lodged with the SDAB, no development shall be commenced until the appeal is
finally determined and the issuance of the development permit is upheld.
22.5
When a development permit is granted, the Development Officer shall send a notice by regular mail to
adjacent landowners advising them of the variance and the right of appeal.
22.6 A development permit issued is not valid until all conditions of the permit, except those of a continuing
nature have been met and not notice of appeal has been filed with the Subdivision and Development Appeal
Board.
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22.7
If the development authorized by a permit is not commenced within twelve (12) months from the date of its
issue, or carried out with reasonable diligence, the permit is deemed to be void, unless an extension to this
period has previously been granted by the Development authority. The maximum extension period shall be
one year. Commencement of construction is deemed when grading and excavation of the lands
commences.
Section 23: Cancellation
23.1
The Municipal Planning Commission and/or Development Officer may cancel a development permit if: the
permit was issued in error; or the permit was issued on the basis of incorrect information.
Section 24: Appealing a Decision
24.1
The applicant for a development permit may appeal to the Board if the Development Officer and/or
Municipal Planning Commission:
24.1.1 Refuses or fails to make a decision on a development permit within 40 days of receipt of a
completed application; or
24.1.2 Issues a development permit subject to conditions.
24.2
In addition to the applicant, any person affected by a development permit or the decision on it, may appeal
to the Board.
24.3
Notwithstanding 24.1 and 24.2 there is no appeal in respect of the issuance of a development permit for a
Permitted Use unless the provisions of this Bylaw are relaxed, varied, or misinterpreted.
24.4
An appeal by an applicant must be commenced within 21 days of the notification of the decision or when the
40-day period or any time extension expires. An appeal by any other affected person must be made within
21 days of the notice of the issuance of the permit was given.
24.5
A decision on a development application within a Direct Control District may be appealed only if the
Development Officer and/or Municipal Planning Commission did not follow the directions of Council. If the
Board finds that the Development Officer and/or Municipal Planning Commission did not follow Council's
directions, it may, in accordance with Council's directions, substitute its decision for that of the Development
Officer and/or Municipal Planning Commission.
Section 25: The Appeal Process
25.1
The Subdivision and Development Appeal Board shall consider and make decisions on appeals pursuant to
the provisions of the Municipal Government Act.
25.2
If a notice of appeal of a decision on a development permit application is served on the Secretary of the
Subdivision and Development Appeal Board, the permit shall not be effective until:
25.2.1 The decision to approve the permit is upheld by the Subdivision and Development Appeal Board;
or,
25.2.2 The Secretary of the Subdivision and Development Appeal Board receives written notice from the
appellant withdrawing the appeal.
25.3
If a decision to approve a development permit is reversed by the Board, the development permit shall be
null and void.
25.4
If a decision to refuse a development permit application is reversed by the Board, the Board shall direct the
Development Officer to issue a development permit in accordance with its decision.
25.5
If a decision to approve a development permit application is varied by the Board, the Board shall direct the
Page 40
Development Officer to issue a development permit in accordance with its decision.
25.6
The decision of the Board is binding except on a question of jurisdiction or law, in which case the appellant
may appeal to the Court of Appeal as provided in the Act.
Page 41
FIVE: Amending the Bylaw
Section 26: Bylaw Amendments
26.1
Town Council may amend this Bylaw pursuant to the provisions of the Municipal Government Act.
26.2
Any person may apply to amend this Bylaw pursuant to the provisions of the Municipal Government Act and
the requirements of the Land Use Bylaw.
Section 27: Contents of an Amendment Application
27.1
An application to amend this Bylaw shall be made to the Town on the prescribed form and shall be signed
by the applicant or his agent authorized in writing. The following information and documents will accompany
the application:
27.2
A written statement of the reason for the request to amend the Bylaw including a statement describing the
implications of the amendment.
27.2.1 The required application fee.
27.2.2 If the amendment involves the rezoning of land to a different land use district, the following is also
required:
(a) a copy of the current certificate of title for the lands affected, or any other
documentation satisfactory to the development authority verifying that the applicant
has a legal interest in the land;
(b) if the applicant is an agent of the landowner.
(c) a letter from the landowner verifying the agent's authority to make the application;
(d) permission for right of entry by the development officer or designated officer of the
town, and;
(e) a properly dimensioned map indicating the affected site and its relationship to existing
land uses on adjacent properties.
(f) Such additional information as the Development Officer may require to properly
evaluate and to make recommendations to Council concerning the proposed
amendment.
27.3 Council may require, prior to considering a proposed amendment to this Bylaw, that a developer prepare
an Area Structure Plan in accordance with the Municipal Government Act or an Outline Plan in accordance
with the Municipal Development Plan.
Page 42
Section 28: The Amendment Process
28.1
The amendment application may be referred by the Development Officer to any external agency for
comment and advice; and Council for first reading and to establish a date for a public hearing to be held
prior to second reading.
28.2
In accordance with the Municipal Government Act, and after the date for a public hearing has been set by
Council, a notice of the application shall be published once a week for two consecutive weeks in a
newspaper circulating in the Town. This notice shall contain:
i. The legal description of the land.
ii. The purpose of the proposed amendment.
iii. The one or more places where a copy of the proposed amendment may be
inspected by the public during reasonable hours;
iv. The date, place, and time that Council will hold a public hearing on the proposed
amendment.
v. An outline of the procedures to be followed by anyone wishing to be heard at the
public hearing; and
vi. An outline of the procedures by which the public hearing will be conducted.
28.3
If the amendment involves the rezoning of land to a different land use district, a notice shall also be
communicated in writing to the owner(s) of the subject land, and to all adjacent landowners.
28.4
Council, after considering: any representations made at the public hearing; and the Municipal Development
Plan, and any area structure plan or area redevelopment plan affecting the application and the provisions of
this Bylaw; may make such changes as it considers necessary to the proposed amendment, if any, and
proceed to pass the proposed amendment, or defeat the proposed amendment.
28.5
Where an application for an amendment has been refused by Council, the Town shall refuse to accept
another application on the same land for the same or similar purpose until six (6) months have passed from
the date of such refusal.
28.6
If deemed necessary, the Town may initiate an amendment to this Bylaw without the landowner's consent.
Page 43
SIX: Contravention and Enforcement
Section 29: Contravention
29.1
No person shall contravene this Bylaw by commencing or undertaking a development, use, or sign that is
not permitted under this Bylaw.
29.2
No person shall authorize or do any development that is at variance with the description, specifications or
plans that were the basis for issuing a development permit under this Bylaw.
29.3
No person shall contravene a condition of a permit issued under this Bylaw.
29.4
A Bylaw Enforcement Officer or the Development Officer may enforce the provisions of this Bylaw, the
Municipal Government Act and its regulations, the conditions of a development permit or subdivision
approval.
Section 30: Stop Order
30.1
If the Development Officer finds that a development, land use or use of a building is not in accordance with
the Act, this Bylaw, a development permit or subdivision approval, the Development Officer may issue a
written Stop Order to the owner, the person in possession of the land or building, or other person
responsible for the contravention, or all or any of them to:
30.1.1 Stop the development or use of the land or building in whole or part as directed by the notice;
30.1.2 Demolish, remove or replace the development; or
30.1.3 Carry out any other actions required by the notice so that the development or use of the land or
building complies with the Municipal Government Act or this Bylaw, a development permit or a subdivision
approval within the time set out in the notice. A person may appeal a Stop Order to the Subdivision and
Development Appeal Board.
30.2
If a person fails or refuses to comply with a Stop Order, the Town may, in accordance with Section 542 of
the Municipal Government Act, enter upon the land or building and take such action as is necessary to carry
out the order.
30.3
The Town may register a caveat with respect to the Stop Order in the Land Titles Office.
Section 31: Offences and Penalties
31.1
Any person who: contravenes or fails to comply with any provision of this bylaw or any permit issued
hereunder; or erects or places a sign in contravention of this bylaw; or obstructs or hinders any person in the
performance of his duties under this bylaw; or ffails to comply with any order of the Development Officer; is
guilty of an offence and is liable on a first offence to a penalty of $500.00. The penalty for a second offence
shall be $1,500.00.
Page 44
31.2
Where a Bylaw Enforcement Officer has reasonable grounds to believe that a person has contravened any
provision of this bylaw, he may serve upon such person an offence ticket allowing the payment of the
specified penalty to the Town in lieu of prosecution for the offence.
31.3
Council may revise penalties for contravention of or non-compliance with the provisions of this Bylaw while
following the procedure as prescribed by the Municipal Government Act to amend the Land Use Bylaw.
Additional permit fees will be levied as per the Town of Killam fee schedule at the time of application for any
development permits applications where construction or use has commenced without a permit as per Town
of Killam Fee Bylaw schedule for these types of contraventions.
31.4
If the Town takes action to carry out a Stop Order the Town shall cause the costs and expenses incurred in
doing so to be placed on the tax roll of the property concerned.
Page 45
SEVEN: General Regulations
Section 32: Applicability
32.1
This Part shall apply to all Land Use Districts under this Bylaw.
Section 33: Basement Suites
33.1
Basement suites shall be restricted to single detached dwellings.
33.2
A maximum of two (2) bedrooms may be permitted per basement suite.
33.3
A basement suite shall comply with the Safety Codes Act or its successor.
33.4
One on-site parking stall shall be provided for each bedroom to a maximum of two stalls.
33.5
A basement suite has an entrance separate from the entrance to the primary dwelling unit, either from a
common indoor landing or directly from the exterior of the structure and may be connected by an interior
door directly connecting the primary dwelling unit to the basement suite. Exterior access to the basement
suite shall be subordinate in both size and appearance to the access of the primary dwelling unit.
33.6
The maximum number of vehicles for basement suite occupants cannot exceed onsite parking stalls
provided for the suite.
Section 34: Bed and Breakfast Facility
34.1
All persons operating bed and breakfast facilities require a Business License and must provide evidence of
compliance with municipal, provincial and/or federal regulations in regard to their operation.
34.2
A bed and breakfast is an accessory use to a principal residential use.
34.3
The Municipal Planning Commission may permit a bed and breakfast only if, in their opinion, it complies with
the following regulations:
34.3.1 The privacy and enjoyment of adjacent residences shall be preserved and the amenities of the
neighbourhood maintained at all times;
34.3.2 Interior or exterior alterations, additions or renovations to accommodate a bed and breakfast may
be allowed provided such alterations, additions or renovations maintain the principal residential
appearance or character of the dwelling and comply with this Bylaw, the Safety Codes Act, and any
other Town bylaws;
34.3.3 A bed and breakfast shall be operated only by the permanent resident(s) of the principal dwelling
and one (1) non-resident employee on site.
34.3.4 One on-site parking stall shall be provided for each bedroom provided for compensation; and
34.3.5 A bed and breakfast shall meet the signage requirements.
Page 46
Section 35: Building Design, Character and Appearance
35.1
The design, character, location, external finish, architectural appearance and landscaping of all buildings,
including accessory buildings or structures shall be to the satisfaction of the Development Officer/Municipal
Planning Commission. Where applicable, buildings shall comply with any architectural/design guidelines in
an Area Structure Plan.
35.2
The number of dwelling units permitted on a parcel shall be one, except where additional dwellings are:
35.2.1. Contained in a building designed for, or divided into, two or more dwelling units and is located in a
land use district which permits multiple units;
35.2.2 A mobile home forming part of a mobile home park for which a development permit has been
issued.
35.3
The exterior finish of a building in all residential districts shall be completed by October 31st of the year
following the year in which the development permit is issued unless otherwise stipulated in the development
permit.
35.4
The undercarriage of a mobile home shall be screened from view by skirting or such other means
satisfactory to the Development Officer/Municipal Planning Commission.
35.5
All accessory structures to a mobile home such as patios, porches, additions, skirting and storage facilities
shall be fabricated so that the appearance complements the mobile home to the satisfaction of the
Development Officer/Municipal Planning Commission
35.6
The exterior finish of commercial structures shall be of wood, prefabricated materials, stone, brick,
architecturally finished block or concrete, stucco or other durable aesthetically pleasing material that is
appropriate to the development style and to the satisfaction of the Development Authority.
35.7
Roof lines and building facades within commercial districts shall be articulated and varied to reduce
perceived mass and linear appearance of large buildings.
Section 36: Corner Lot Provisions
36.1
No person on a corner lot in any District shall erect, place or maintain, within a triangle formed by the
boundaries of the site common with the streets abutting them and a straight line connecting points on each
of said boundaries a distance of six (6) metres from the point where they intersect, a wall, fence, shrub,
trees, hedge or any object over one (1) metre in height above the lowest street grade adjacent to the
intersection.
36.2
In all districts, where the site abuts two streets, the Development Authority may re-assign which yard shall
be classified as the front yard and which yard shall be classified as the side yard in conjunction with the
overall merits of the application.
36.3
The location of buildings, excluding Accessory Buildings, on corner sites shall be subject to the approval of
the Municipal Planning Commission who may at their discretion, relax the front yard setback requirements
taking into account the location of existing adjacent buildings or the permitted setback on adjacent sites
where a building does not exist, and having regard for the variances allowed.
Page 47
FIGURE 36.1: RESTRICTIONS ON CORNER LOTS
Section 37: Accessory Structures
37.1
Accessory Use in a Non Residential District
a) an accessory structure must not be developed prior to the development permit for the Principal Building
b) is considered part of the principal use of the site on which it is located and must be in compliance with the
development regulations of the district
c) shall have the same height requirements as for the principal building of the district
d) accessory buildings shall not be in the front of the principal buildings
e) a solar collector/panel maybe located on the roof or wall of a building or structure, or ground mounted in a
side or rear yard provided the structure complies with the minimum requirements of the district.
f) a solar collector or panel mounted to a roof shall not extend beyond the outermost edge or above the peak
of the roof.
37.2
Accessory Use in a Residential District
a) where an accessory use, other than a garage or deck is attached to a principal building on a site by a
roof, an enclosed structure, a floor or foundation, or any structure below grade allowing access between the
building and structure, it is considered part of the principal building and subject to the setback requirements
for the principal building.
c) the floor area or combined floor area of all accessory buildings and structures, excluding decks and
accessory uses with a floor area of less than 10m2, (108sf), must not exceed the greater of 112m2,
(1200sf), per structure or the lot coverage of the principal building; Applications for structures beyond this
limit may be considered by MPC on a case by case basis if the applications can demonstrate there would
not be adverse effects to adjoining properties, the overall streetscape of the neighbourhood is not negatively
Page 48
impacted, there is sufficient lot size to such a development, the development overall will be aesthetically
pleasing, and any other factors MPC may deem relevant to the approval.
d) an accessory use must not be developed prior to the development of the principle building on the site.
(an accessory structure may be permitted to remain on a site where a demolition permit has been issued
provided the structure is in good repair and is used only for residential storage only until such time as the
site is re-developed)
e) a solar collector/panel may be located on the roof or wall of a building or structure, or ground mounted in
a side yard provided the structure complies with the minimum side yard requirements of the district.
f) a solar collector or panel mounted to a roof shall not extend beyond the outermost edge or above the
peak of the roof.
Section 38: Easements
38.1
A development permit shall not be issued for a development, other than a fence, that encroaches in or over a
utility easement or right-of-way without the written consent of the person whom the easement is registered to
or the person whose utility line is located in the easement.
Section 39: Environmental Conservation and Hazardous Lands
39.1
Within developing areas, existing trees and shrubs should be conserved to the maximum extent possible.
39.2
The following areas shall be retained in their natural state;
39.2.1 Swamps, gullies and natural drainage courses;
39.2.2 Unstable land;
39.2.3 Land subject to flooding by a 1:100 year flood;
39.2.4 Land with a natural gradient of 15% or greater; and
39.2.5 Any lands designated as Environmental Reserve.
39.3
Building sites for schools, hospitals, food establishments and residential areas are not allowed within 300m,
(984 ft), of the working area of a wastewater treatment plant.
39.4
A wastewater treatment plant cannot be built or expanded within 300m, (984 ft)of the parcel boundary of an
existing school, hospital, food establishment or residential area unless waived by the Deputy Minister of
Environment and Sustainable Resource Development.
39.5
Schools, hospitals, food establishments and residential uses are not allowed within 300m, (984ft) of the
operating or non- operating landfill disposal area or storage site, or 450m, (1476ft) of the current or future
working area of a landfill or hazardous waste management facility. Similarly, a landfill, storage site or
hazardous waste management facility cannot be built or expanded within these distances.
Page 49
Section 40: Fencing and Screening
40.1
Notwithstanding any regulation respecting required yard to the contrary in this Bylaw, A fence may be
constructed along a boundary line of a parcel of land. Fences shall complement the character and quality of
the principal building.
40.2
In residential front yards, no fence shall be higher than 1 meter (3.3 ft.).
40.3
In residential side and rear yards, no fence shall be higher than 2 meters (6.6 ft.).
40.4
Where yards are adjacent to a roadway (street or avenue), the setback for the fence shall be 1.0 meter
(3.3ft) from the property line. (MPC may waive this requirement if it can be demonstrated there is no
detrimental impact to the streetscape, site lines, utilities or any other factor MPC may determine is relevant.
40.5
On corner lots, the development authority will determine which 1 of the 2 frontages is to be considered the
front yard. Once it is determined, no fence shall be higher than 1 meter (3.3 ft.) in the front yard and no
fence shall be higher than 2 meters (6.6 ft.) in the 2 side yards and back yard.
40.6
On corner lots, where the side yard is adjacent to a sidewalk, the setback for the fence shall be 1.0 meter
(3.3ft) from the property line.
40.7
On corner lots, where an alley intersects with a roadway (street or avenue) no person shall construct a
fence within a triangle formed by points setback 2 metres (6.6 ft.) from the corner boundary point on each
side of the boundary sides and the straight line connecting the points on each of the said sides.
40.8
Commercial/industrial buildings adjacent to residential areas must be screened by a fence of not less than
2.0 m (6.6 ft.) in height on those sides of the commercial lot abutting the residential area.
40.9
In the case of drive-in businesses, car washing establishments, service stations and gas bars, landscaping
shall be provided and maintained to the satisfaction of the Development Officer. Solid fences shall be
provided at least 2.0 m (6.6 ft.) in height adjacent to residential areas.
40.10
Notwithstanding 40.2, a higher fence or a fence with barbed or other security features may be approved for
public safety, security, and privacy or buffering purposes.
40.11
No barbed wire fences shall be permitted in residential areas.
40.12
The electrification of any fences within Killam shall not be permitted.
40.13
Unless required as part of the sale, promotion or display of the vehicle, equipment or product, all outdoor
storage of vehicles, equipment, or products shall be screened from public view to the satisfaction of the
Development Officer/Municipal Planning Commission.
40.14
Screening in the form of fences, hedges, landscaped berms or other means is required along the property
lines of all commercial and industrial lots where such lines are coterminous with a residential property line or
are adjacent to lanes that abut a neighboring residential property. Such screening shall be at least 2.0 m
(6.6 ft.) high. Length and width of the screening shall be at the discretion of the Development
Officer/Municipal Planning Commission.
40.15
For bulk outdoor storage, including but not limited to auto wrecking, lumber yards, pipe storage and similar
uses, where because of height of materials stored, a screen planting would not be sufficient, a fence, earth
berm or combination thereof to the satisfaction of the Development Officer/Municipal Planning Commission,
shall be required.
Page 50
Section 41: Garden Suites
41.1
A garden suite means a separate secondary dwelling unit located on the same site and serviced by the
same utilities as a single detached dwelling.
41.2
The Municipal Planning Commission shall consider the following matters as part of the decision making
process for an application for a garden suite:
41.2.1 Compatibility of the use in relation to the site, grade elevations, height, building types and materials
characteristic of surrounding development.
41.2.2 The potential effect of the development on the privacy of adjacent properties; and
41.2.3 The on-site and neighborhood impacts on parking and traffic.
41.3
Where approved, garden suites shall be developed and operated in accordance with the following
regulations:
41.3.1 All garden suites must meet the requirements of the Alberta Safety Codes Act;
41.3.2 Shall not be located in the front yard;
41.3.3 A minimum of one on-site parking space shall be provided for a garden suite;
41.3.4 The number of persons occupying a garden suite shall not exceed two;
41.3.5 Shall have a minimum floor area of 44.0 square meters (475.2 square feet) and a maximum floor
area of 65.0 square meters (702.0 square feet), providing that the combination of the principal
dwelling, garden suite and other accessory buildings does not result in the site coverage of the
parcel exceeding the requirements of the District.
Section 42: Home Occupation Businesses
42.1
Any persons wishing to operate a home occupation business from their residence shall be required to apply
for a development permit and must meet all the criteria in Sections 42.2 and 42.3.
42.2
All home businesses shall comply with the following general regulations:
42.2.1 All home businesses shall be operated as a secondary use only and shall not change the principal character
and external appearance of the dwelling in which it is located.
42.2.2 One professionally produced non-illuminated fascia sign or nameplate to identify a home occupation not g
greater than 0.3 square meters (3.2 square feet) in an area placed within the dwelling unit or any accessory building
is permitted.
42.2.3 The applicant shall be required to obtain a business license in addition to the issuance of a development
permit.
42.3
Home businesses shall meet all the requirements of 42.2 above and shall comply with the following
regulations:
42.3.1 The home business shall be operated by the permanent resident(s) of the principal dwelling and
shall employ no non-resident, on-site employees.
42.3.2 There shall be no more than four (4) home business clients or customers on site during any period
of 24 hours for a minor home business.
42.3.3 The home business shall not occupy more than 30% of the gross floor area of the principal
dwelling.
42.3.4 Any storage of materials or goods related to the minor home business must be located within the
principal dwelling and/or accessory structure and no exterior storage is permitted.
42.3.5 The home business shall have no more than two (2) home business vehicles used in conjunction
with the home business, parked and maintained on site. There shall be no heavy vehicles used in
conjunction with a minor home business.
Page 51
42.3.6 Cannabis growing for commercial purposes, processing or sales are not permitted as a home
business use.
Section 43: Landscaping
43.1
A landscaping plan for new construction shall be submitted if required by the Development Officer or the
Municipal Planning Commission, and said plan shall show all existing trees and shrubs, and shall be in
conformity with the following requirements:
43.1.1 Existing natural landscaping retained on a site may be considered in fulfilment of the total
landscaping requirements.
43.1.2 All landscaped areas shall be designed to facilitate effective surface drainage.
43.1.3 Any trees or shrubs which die must be replaced during the next planting season on a continuing
basis.
43.1.4 All plant material shall be of a species capable of healthy growing in the Killam area.
43.1.5 The minimum number of shrubs and trees required on a site shall be four (4) per residential lot, of
which a minimum of two (2) being trees.
43.1.6 Tree/Shrub Size: a minimum height of 1.5 m for deciduous trees; 1.0 m for coniferous trees; and a
minimum shrub spread of 0.3 m is required at the time of planting.
43.1.7 Alternative forms of landscaping, including washed gravel, shale or similar treatments, flower beds
or cultivated gardens, may be substituted for seeding and sodding provided that all areas of
exposed earth are covered.
43.1.8 Where a development permit is granted and landscaping is part of approval, the Development
Officer or the Municipal Planning Commission may require the applicant to provide a letter of credit
or certified cheque of such amount to ensure completion of any landscaping. Security will be
refunded at the end of the second growing season after the trees and shrubs have been planted.
43.2
Only topsoil in excess of the amount required to provide a minimum cover of 0.2 m on the total landscaped
area of the parcel may be removed from the parcel. All other topsoil shall be salvaged and placed on the
surface of the required areas to be landscaped (i.e. parks, municipal reserves, boulevards, etc.).
Section 44: Lighting
44.1
Appropriate lighting of multi-attached residential, commercial, industrial and institutional development shall
be required to provide security and add visual interest.
44.2
Lighting standards and fixtures shall be of consistent design and complement the architectural theme of the
buildings located on the site.
44.3
Outdoor lighting shall be located so that rays of light:
44.3.1 Are not directed at an adjacent site or skyward.
44.3.2 Do not adversely affect an adjacent site.
44.3.3 Do not adversely affect traffic safety.
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Section 45: Lot Grading and Drainage
45.1
The Development Officer/Municipal Planning Commission may require, as a condition of a development
permit, that a developer submit a lot grading plan to the Town for approval.
45.2
No on-site drainage, including from a roof or high water, shall flow to the sanitary sewer system, either
directly or through pumping (including downspouts).
45.3
No on-site drainage, including drainage from a roof or high water, shall be permitted to flow to either an
adjoining private property or onto Town sidewalks or onto a lane or street, except in accordance with an
approved grading plan. Suitable methods of on-site retention shall be in accordance with the Town's
Engineering Design Guidelines and subject to the approval of the Development Officer.
45.4
All landscaping, topographic reconstruction, retaining walls, or site grading shall be confined to the property
and shall not encroach onto any adjoining property including road and lane rights-of-way, utility easements
or rights-of-way, environmental or municipal reserves, or any other public or private lands excepting only
where such encroachments, are expressly approved by the Development Officer.
45.5
If a person alters the approved lot drainage on a site so that water drains onto adjacent parcels, that person
shall be responsible for corrective drainage structures, including retaining walls, to divert water from
neighbouring properties.
45.6
Any retaining wall over 1.0 m (3.3 ft.) in height must be designed and inspected after construction by a
professional engineer. The landowner shall provide to the municipality the design and inspection report,
both bearing the seal and signature of a professional engineer.
45.7
A temporary fence shall be erected around all excavations which in the opinion of the Development
Officer/Municipal Planning Commission may be hazardous to the public.
Section 46: Objects Prohibited or Restricted in Yards
46.1
No person shall keep or permit in any yard in any district any object or chattel which, in the opinion of the
Development Authority is unsafe, unsightly or adversely affects the amenities of the district. This includes
dismantled or wrecked motor vehicles, building materials, and any excavation, stockpiling or storage of
materials, explosives, flammable liquids, toxic chemicals, and diesel fuel and gasoline products.
46.2
The outdoor storage of materials, products, equipment, or machinery shall not be permitted in the required
front yard of commercial districts unless required as part of the sale, promotion or display of merchandise as
determined by the Development Officer/Municipal Planning Commission.
46.3
No occupant of a principal dwelling in a residential district shall permit a recreational vehicle to be used for
living or sleeping accommodation for longer than 14 days during a 365-day period and that there must be 20
days in between each time it is used for sleeping accommodations.
46.4
A motor vehicle, recreational vehicle or watercraft shall not be parked in a front yard except on a driveway.
46.5
The keeping of livestock, (including poultry and bees), unless otherwise permitted or licensed under another
bylaw is prohibited in residential districts.
Section 47: Permitted Projections
47.1
The following encroachments into required front, side and rear yard setbacks in land use districts may be
permitted for canopies, balconies, eaves, box-outs, chimneys, gutters, sills, steps/stairs, and, in addition,
cantilevers may be permitted to encroach into the front and rear yards only:
Page 53
47.2
Front Yard:
47.2.1 2.0 m (6.6 ft.) for balconies; and
47.2.2 1.0 m (3.3 ft.) for cantilevers, eaves, gutters, landings, and window sills.
47.3 Rear Yard:
47.3.1 2.0 m (6.6 ft.) for balconies; and
47.3.2 1.0 m (3.3 ft.) for box-outs, cantilevers, eaves, gutters, landings, and window sills.
47.4
Side Yard (Interior):
47.4.1 1.0 m (3.3 ft.) for balconies; and
47.4.2 0.6 m (2.0 ft.) for box-outs, eaves, gutters, landings and window sills.
47.5
Side Yard (Exterior):
47.5.1 1.0 m (3.3 ft.) for balconies; and
47.5.2 0.6 m (2.0 ft.) for box-outs, cantilevers, eaves, gutters, landings and windowsills.
47.6
For multi-attached dwellings, balconies and decks may be extended to the lot line or common wall, provided
that the common wall is extended for separation/privacy.
47.7
No projection will be permitted if, in the opinion of the Development Officer/Municipal Planning Commission,
it may interfere with a loading space, parking area, driveway, or other vehicle or pedestrian circulation or
access.
47.8
No projection will be permitted into the side yard required for vehicular access to the rear yard unless a
minimum vertical height of 3.0 m (9.8 ft.) from finished grade to the lowest point of the projection is
maintained.
47.7
The projection length limitations are as follows:
47.7.1 The individual projection maximum length shall not exceed 3.0 m; (9.8 ft.) and
47.7.2 The sum of all projections maximum length shall not exceed one-third (1/3) of the length of the
building wall (not including the garage walls). This does not apply to front or rear yards.
FIGURE 47-1: PERMITTED PROJECTIONS - FRONT AND INTERIOR SIDE YARD SETBACKS
Page 54
FIGURE 47-2: PERMITTED PROJECTIONS - REAR AND EXTERIOR SIDE YARD SETBACKS
Section 48: Relocation of Buildings not of New Construction
48.1
A person wishing to move an existing building (other than a mobile home) onto a lot shall make application
for a Development Permit in the usual way but also provide the following information:
48.1.1 Age, size, and structural condition of the building.
48.1.2 Photographs showing all sides of the building; and
48.1.3 A statement of the proposed improvements.
48.2
The Development Officer shall inspect the building, which is proposed to be moved in, or he/she may
request another qualified person to do so and report back, in either case the expenses of such inspection
shall be paid by the applicant before any Development Permit is issued.
48.3
The Development Officer may issue a Development Permit for the proposed building without conditions, or
subject to such conditions as he/she deems it necessary to ensure that the building is renovated to a
satisfactory standard.
Page 55
Section 49: Satellite Dish and Amateur Radio Antennas
49.1
All satellite dish and amateur radio antennas shall be located on the same site as the intended signal user.
49.2
Satellite dishes that conform to all other provisions of the Land Use Bylaw do not require a development
permit.
49.3
No satellite dish antenna which is accessory to the principal use of a site shall be in, or encroach onto, a
front or side yard in any residential district.
49.4
A satellite dish antenna larger than 1.0 m (3.3 ft.) in diameter shall not be located on a roof top except for
apartment buildings and buildings in non-residential districts.
49.5
Where any portion of a satellite dish antenna is more than 3.0 m (9.8 ft.) above grade, it shall be screened
and located to the satisfaction of the Development Officer/Municipal Planning Commission.
49.6
Location restrictions for satellite dish antennas may be waived where the applicant can demonstrate, to the
satisfaction of the Development Authority that compliance would interfere with signal reception.
49.7
An applicant for a development permit for an amateur radio antenna shall notify and provide comments of all
landowners located within 75.0 m (246.1 ft.) from the boundary of the property.
49.8
The maximum height of an amateur radio antenna in residential districts shall be 19.0 m (62.3 ft.).
49.10
Antennas shall not be illuminated unless required by Transport Canada regulations, and except for a
manufacturer's logo shall not exhibit or display any advertising.
Section 50: Temporary Structures
50.1
A temporary structure may not be erected without permission of the Municipal Planning Commission which
may be granted as follows:
50.1.1 Any district other than a residential district subject to the owner agreeing to remove such a building
in accordance with the terms and conditions stipulated by the Development Officer.
50.1.2 A residential district provided that:
(a) No such temporary building shall have a floor area of more than 16.5 square metres (178.2
square ft.), be more than 3.0 metres (9.8 ft.) in height or set back less than 1.2 (3.9 ft.) metres
from the side and rear property lines; and
(b) The owner enters into an agreement to remove such a building in accordance with the terms
and conditions stipulated by the Municipal Planning Commission.
(c) There shall be no more than one temporary structure per site.
(d) A temporary building being used as a garage must be placed in the rear or side yards only;
(e) In the case of a pre-manufactured temporary building, the elevations shall be subject to
approval of the Municipal Planning Commission; and
(f) The building is completed in accordance with the terms stipulated by the Municipal Planning
Commission, provided that the temporary building permit shall expire at the end of 24 months,
unless renewed by the Municipal Planning Commission for a further term, and that such
building will comply with this Bylaw.
50.2
If an owner fails to comply with the terms and conditions of a temporary building development permit, the
Development Officer/Municipal Planning Commission may remove or cause to be removed such building,
the costs of which shall be charged against the lands upon which the temporary building is situated and
shall be payable by the owner to the Town on demand.
50.3
A temporary structure shall not be used as a dwelling.
Page 56
50.4
Metal freight/cargo storage containers/ sea cans will be considered a discretionary use in the Residential
District, where residential property exceeds 1.61 ha (4acres) in size, and they must be hidden from the
public eye. Further, only 1 metal freight/cargo storage container/sea can will be permitted per property.
Section 51: Non- Compliance with Parcel Standards
51.1
Where an existing parcel in a land use district does not comply with the parcel dimension standards of the
land use district, a permitted or discretionary use may be approved by the Development Authority where
determined appropriate and subject to any applicable development standards.
51.2
Where 2 or more contiguous substandard lots are contained in the same Certificate of title an application for
development on one of them may not be considered unless a consolidation of said lots has been carried out
in a way as to create one or more lots which do meet minimum standards of width, depth and area.
Section 52: Alternative Energy - Wind Power Facility and Solar Energy - Commercial Use
Wind Power Facility
52.1
Unless otherwise required by the Development Authority, all development applications for a wind power
facility shall be accompanied by:
(a)
An accurate site plan showing and labeling the information outlined in this section, and the location
of overhead utilities on or abutting the site;
(b)
Scale elevations or photographs of the proposed wind power facilities showing total height, tower
height, rotor diameter, and colour;
(c)
Potential for electromagnetic interference;
(d)
Specifications for the foundations and/or anchor design, including location and anchoring of any
guy wires;
(e)
Whether or not the applicant intends to interconnect the wind power facilities with an existing
electrical distribution or transmission system;
(f)
Any analysis of the visual impact of the project, especially with respect to the scenic qualities of the
Town of Killam landscape;
(g)
An analysis of the potential for noise, both at the site of the installation and at the boundary of the
property containing the development;
(h)
Environmental considerations dealing with land disturbance, impacts on wildlife and vegetation,
and other identified issues;
(i)
Any information regarding general public safety; and
(j)
Any impacts to the local road system including required approached from public roads having
regard to the municipal standard.
52.2
A wind power facility shall meet the following minimum setbacks:
(a)
A wind power facility shall comply with all the setbacks related to roadways as specified in this
Bylaw.
(b)
A wind power facility shall be setback the height of the tower from all property lines. If the
topography of a site warrants a lesser setback, the Development Authority may reduce the required
setback provided mitigate measures are employed, to the satisfaction of the Development
Authority.
(c)
A wind power facility shall be located not less than twice the height of the tower from a dwelling unit
not belonging to the owner of the land containing the wind power facility.
Page 57
52.3
Where, in the opinion of the Development Authority, the minimum setbacks referred to in section (2) are not
sufficient to reduce the impact of a wind power facility, the Development Authority may increase the required
setback.
52.4
Wind power facilities employing a horizontal axis rotor shall have a minimum blade clearance of 25 ft. (7.6
m), as measured from the lowest point of the rotor's arc to grade level, unless otherwise required by the
Development Authority.
52.5
Wind power facilities shall be fenced to the satisfaction of the Development Authority, which may include:
(a)
a security fence with a lockable gate surrounding the tower not less than 6 ft. (1.8 m) in height,
(b)
no ladder or permanent tower access devise shall be located less than 12 ft. (3.7 m) from grade
level, and/or
(c)
a locked device installed on the tower to preclude access to the top of the tower.
52.6
Unless otherwise required by the Development Authority, a wind power facility shall be finished in a non-
reflexive matte and in a color which minimized the obtrusive impact of a wind power facility to the
satisfaction of the Development Authority.
52.7
No lettering or advertising shall appear on the towers or blades. In other parts of the wind power facilities,
the only lettering will be the manufacturer's identification or municipal symbol.
52.8
The Development Authority may establish a maximum density for wind power facilities on a parcel of land.
52.9
The Development Authority may require a reclamation / decommission plan to form part of a Development
Agreement. Unless otherwise required by the Development Authority, this plan shall include:
(a)
treatment of footings;
(b)
reclamation of roads and other disturbances;
(c)
notice to land owners and the Special Areas Board;
(d)
containment of hazardous materials
(e)
site security; and
(f)
timeline indicating when reclamation / decommissioning would commence after the wind power
facility ceases power conversion.
Solar Energy - Commercial Use
52.10 Applicants may submit development permit applicationsprior to receiving approval for the appropriate
provincial or federal agencies, however the Development Authority shall not approve applications for a
commercial solar facility until such approvals have been obtained from the province or federal agency.
52.11
A development permit will be required for all commercial solar energy production facilities that are intended
to generate electricity which is to be sold and transmitted into an electrical distribution system for
commercial sale.
52.12 The applicant shall be responsible to obtain the necessary approvals from the Alberta Utilities Commission
as well as the commercial electrical distribution company and provide copes of the approval documents as
part of the required development approval.
52.13
The applicant shall be responsible to obtain the necessary inspections and commercial approvals from the
Town's designated authorized inspection agency under the Alberta Safety Codes Act as required for any of
the equipment or infrastructure associated with a solar energy facility.
52.14 When a commercial solar energy facility is decommissioned, the landowner will be required to return the
solar energy location to the same land capability and quality as it was prior to the installation of the solar
equipment. As part of the development process, the Development Authority will ask the applicant to submit
a detailed decommissioning as part of the application process.
Page 58
Section 53 - Cannabis Uses
53.1 Unless otherwise required by the Development Authority, all development applications for a Cannabis
Production/ Distribution Facility shall be accompanied by:
a) a license for all activities associated with Cannabis growing, processing, packaging, testing, destruction or
storage as issued by Health Canada.
b) must include equipment designed and intended to remove odors from the air where it is discharged from the
facility as part of the ventilation system.
c) must not be within 500 meters of a residential district measured from the building containing the use to the
nearest property line of a parcel designated as a residential district;
d) where the development authority may require, as a condition of development permit, a Public Utility and
Waste Management Plan, completed by a qualified professional, that includes details on:
i.
the incineration of waste products and air borne emission, including smell.
ii.
the quantity and characteristics of liquid and waste material discharged by the facility, and the
method and location of collection and disposal of liquid and waste material and:
iii.
other plans, drawings, maps, documentation or information that is required by the Development
Authority to perform a proper review of the application.
iv.
53. 2. Unless otherwise required by the Development Authority, all development applications for a Cannabis
Sales/Retail Store shall be accompanied by:
a) Proof of ownership or consent from the land owner to apply for a Development Permit for the Site where the
Cannabis Retail Store is being proposed;
b) Proof that the Applicant has made application for a license from the Alberta Gaming and Licensing
Commission (AGLC) to operate a Cannabis Retail Store and has been deemed eligible by the AGLC for
issuance of a license to operate a Cannabis Retail Store;
c) Information on potential odor production resulting from the Cannabis Retail Store and the details of the
installation of any equipment designed and intended to remove odors from the air where it is discharged
from the Cannabis Retail Store as part of a ventilation system;
d) A map that shows all surrounding Uses, and their business names, located within 100m of the Site of the
proposed Cannabis Retail Store;
e) Plans and drawings that show:
i.
point-of-sale area;
ii.
shipping and receiving area;
iii.
secure storage area;
iv.
secure product display area;
v.
entrances and exits from building(s);
vi.
proposed lighting and signage;
vii.
locations of physical security components as required by the AGLC; and,
viii.
other plans, drawings, maps, documentation or information that is required by the
Development Authority to perform a proper review of the application.
Page 59
53.2.1 The following Uses shall not be located less than 100 m from the Site of a Cannabis Retail Store, (The 100
m separation distance shall be measured from the closest point of the Site of the Cannabis Retail Store to the closest
point of another Site boundary):
a) a Provincial Health Care Facility,
b) a School,
c) a Public Library,
d) a Recreation Facility; or,
e) a Site that is designated as School Reserve or Municipal Reserve under the Municipal
Government Act and has been planned for use as a future School Site,
f)
an Emergency Shelter,
g) an Addiction Treatment and Recovery Service,
h) a Community Health Service,
i)
a Day Care Facility,
j)
a Day Home; or,
k) a Public Playground,
l)
another Cannabis Retail Store or Cannabis related business,
m) a liquor store.
53.2.2 To promote public safety an Applicant for a Development Permit for a Cannabis Retail Store shall consider
the principles of Crime Prevention Through Environmental Design (CPTED) by:
a) providing for natural surveillance of the exterior of the Cannabis Retail Store from public areas ,
b) ensuring that landscaping does not impact natural surveillance of the exterior of a Cannabis Retail
Store,
c) ensuring that the main public entrance to the Cannabis Retail Store is clearly marked and provides
for natural surveillance,
d) providing security lighting in strategic locations,
e) providing security cameras and signage in strategic locations,
f)
using pathways, signs, landscaping and hardscaping to clearly
g) identify property lines and areas of a Site that are designated as off limits to the public,
h) maintaining landscaping and lighting, keeping Sites free of garbage and graffiti, and repairing
damaged or unsafe buildings and structures; and,
i)
limiting opportunities for loitering.
53.2.3 A Cannabis Retail Store:
a) must be licensed by the AGLC;
b) must sell Cannabis for consumption off of the Site of the Cannabis Retail Store;
c) must only sell Cannabis from a federally approved and licensed producer;
d) may offer retail sale of Cannabis accessories as approved by the AGLC;
e) may offer counseling on Cannabis by persons who are not medical professionals;
f)
must not allow for visibility into the Cannabis Retail Store from the outside;
g) must not include a Drive Through Service;
h) must meet the physical security requirements set out by the AGLC;
i)
must not operate outside the hours of 10am to 10pm and;
j)
must not be combined with any other use.
Page 60
EIGHT: Transportation Facilities
Section 54: Parking
54.1
General Regulations:
54.1.1 All off-street parking facilities shall be separated from streets by a landscaped area of at least 1.0
m (3.3 ft.) in width.
54.1.2 All off-street parking facilities shall be so constructed that:
(a) Necessary curb cuts are located and flared to the satisfaction of the Development
Officer/Municipal Planning Commission.
(b) Every off-street parking space provided, and the access thereto shall be hard surfaced if the
access is from a street or lane that is hard surfaced.
(c) Parking facilities used at night shall have adequate lighting for the entire parking facility. Such
lighting shall be directed away from adjacent or other properties.
(d) Grades and drainage shall dispose of surface water. In no case shall grades be established
that would permit surface drainage to cross any sidewalk or site boundary without the approval
of the Development Officer/Municipal Planning Commission; and
(e) Parking for the physically handicapped shall be provided as provincial regulations require and
shall be considered as part of total number of stalls required for the project. A maximum of 5%
of the total number of stalls required may be required to be provided for the handicapped by
the MPC, provided that a maximum of three stalls may be required for any project, unless
exceptional circumstances due to the magnitude of the development would warrant more than
three stalls.
54.2
Parking Requirements:
54.2.1 All parking spaces, loading spaces, maneuvering aisles and driveways shall be surfaced and
maintained to the satisfaction of the Development Officer/Municipal Planning Commission.
54.2.2 All parking spaces, loading spaces, maneuvering aisles and driveways shall be demarcated to the
satisfaction of the Development Officer/Municipal Planning Commission.
54.2.3 A parking lot shall be designed, located and constructed so that it:
(a) Is accessible to and appropriate for types of motor vehicles using it and the frequency of use;
(b) Is appropriately surfaced and drained as required by the Development Officer/Municipal
Planning Commission; and
(c) Does not interfere with pedestrian or traffic safety.
54.3.
Size of Parking Stalls and Drive Aisles:
(a) Parking angles may have a value of 90 degrees or range from 90 degrees to 45 degrees;
(b) Unless otherwise allowed by the Development Officer/Municipal Planning Commission, the
minimum dimensions for the design of parking facilities shall be as set out in Figure 54-1 and
Table 54-1.
(c) Parking dimensions for parking angles between 90 degrees and 45 degrees shall be
calculated using a straight-line interpolation between dimensions.
(d) For parallel parking, the length of the parking spaces shall be 7.0 m (23.0 ft.), except that an
end space with an open end shall be a minimum of 5.5 m (18.1 ft.);
(e) Maneuvering aisles and driveways serving as fire lanes shall be at least 6.1 m (20.0 ft.) wide;
(f) Parking stalls shall be clear of all obstructions, other than wheel stops; and
Page 61
(g) The maximum grade of a parking stall shall not exceed 4% in any direction.
FIGURE 54-1: ILLUSTRATION OF PARKING STANDARD DIMENSIONS
Illustration relates to column headings in Table 54-1
Table 54-1: Parking Stall Design Standards
Stall Width
(a)
Parking Angle
(in Degrees) (b)
Aisle Width
(c)
Stall Depth Perpendicular to
Aisle (d)
Parking Unit
Depth (e)
7.0 m
(23.0 ft.)
0
3.5 m
(11.5 ft.)
3.0 m
(9.8 ft.)
13.0 m
(42.7 ft.)
3.0 m
(9.8 ft.)
45
4.0 m
(13.1 ft.)
6.0 m
(19.7 ft.)
16.0 m
(52.5 ft.)
3.0 m
(9.8 ft.)
60
5.5 m
(18.1 ft.)
6.5 m
(21.3 ft.)
18.5 m
(60.7 ft.)
3.0 m
(9.8 ft.)
90
7.0 m
(23.0 ft.)
6.0 m
(19.7 ft.)
19.0 m
(62.3 ft.)
Page 62
54.3.5 The portion or portions of a parking lot used for parking must:
(a) Be marked off or physically divided to delineate clearly each parking stall, loading space or
drive aisle; and
(b) Have suitable barriers to prevent motor vehicles from encroaching onto landscaped areas and
to protect fences, walls or buildings.
54.3.6 Wheel stops shall not exceed 0.1 m (0.3 ft.) in height above the parking stall surface and shall be
placed perpendicular to the parking stall depth, 0.6 m (2.0 ft.) from the front of the parking stall.
54.4
Number of Stalls Required
54.4.1 Where the calculation of the required number of parking stalls or loading spaces results in a
fraction number of parking spaces, the next higher number shall be taken.
54.4.2 Where a development falls within two or more of the categories listed in this Section, it shall comply
with all parking regulations applicable to all of the categories. The highest requirement shall be
used.
54.4.3 Parking stall requirements for uses other than those set out in this Section shall be determined by
the Development Officer/Municipal Planning Commission, having regard to similar uses for which
specific parking stall requirements are set.
54.4.4 All Development in the Central Commercial (C-1) district may provide for half of the total required
parking without a waiver of parking required.
54.4.5 A change in use in the Central Commercial district, whether or not is meets the parking standards
in Table 52.2, shall not require parking waivers if the parking areas and stalls associated with the
previous use of the building continue to be available to the new use.
54.4.6 Unless otherwise allowed by the Development Officer/Municipal Planning Commission, the
required number of vehicle parking stalls for a use shall be as set forth in the following table (note
GFA = Gross Floor Area).
TABLE 54-2: PARKING REQUIREMENTS
Land Use
Minimum Parking Standard
Abattoir
1 stall/100 m2 (1080 ft2) GFA
Apartment - Bachelor/1 Bedroom
1 stall/dwelling unit plus 0.15 stalls/ dwelling unit
designated as visitor parking
Apartment - 2 Bedroom
1.5 stalls/dwelling unit plus 0.15 stalls/ dwelling unit
designated as visitor parking
Apartment - 3 or more Bedroom
2 stalls/dwelling unit plus 0.15 stalls/ dwelling unit
designated as visitor parking
Auction Mart
1 stall/25 m2 (270 ft2 ) GFA
Autobody and Repair Shop
6 stalls/bay
Automobile and RV Sales and Rental
1 stall/100 m2 (1080 ft2)GFA
Automobile Repair Garage
6 stalls/bay
Automobile Service Station
6 stalls/bay; plus 1 stall/25 m2 (270 ft2 ) retail space
Page 63
Automobile Supply Store
1 stall/25 m2 (270 ft2 ) GFA
Bank / Financial Institution
2 stalls/100 m2(1080 ft2) GFA and a minimum of 5
stalls for staff
Basement Suite
1 stall/bedroom
Bed and Breakfast Facility
1 stall/rented room in addition to spaces required for
dwelling unit
Bottled Gas Sales and Storage
1 stall/100 m2 (1080 ft2) GFA
Bulk Fuel Station
1 stall/100 m2 (1080 ft2) GFA
Caterer
1 stall/100 m2 (1080 ft2) GFA
Clinic
1 stall/25 m2 (270 ft2 ) GFA
Community Hall
Discretion of Development Authority
Contracting Services - Major
1 stall/50 m2 (540 ft2 ) GFA for office space and 1
stall/100 m2 (1080 ft2)GFA for other buildings
Contracting Services - Minor
1 stall/50 m2 (540 ft2 ) GFA for office space and 1
stall/100 m2 (1080 ft2) GFA for other buildings
Convenience Food Store
1 stall/25 m2 (270 ft2 ) GFA
Day Care Facility
1 stall/staff on duty plus 0.2 stalls/child (design
capacity)
Dry Cleaning and Laundry Depot / Plant
1 stall/100 m2 (1080 ft2) GFA
Dwelling - Duplex
2 stalls/dwelling unit
Dwelling - Fourplex
2 stalls/dwelling unit
Dwelling - Rowhouse
2 stalls/dwelling unit
Dwelling - Single Detached
2 stalls
Dwelling - Triplex
2 stalls/dwelling unit
Farm Supply Store
1 stall/100 m2 (1080 ft2) GFA
Feed Mills and Grain Elevators
1 stall/100 m2 (1080 ft2) GFA
Florist Shop
1 stall/25 m2 (270 ft2 ) GFA
Food and Beverage Service Facility
1 stall/4 seats
Funeral Home
1 stall/5 seats
Gaming or Gambling Establishment
1 stall/3 seats
Gas Bar
3 stalls
Group Care Facility
0.5 stalls/dwelling unit
Handicraft Business
1 stall/100 m2 (1080 ft2) GFA
Hotel
1 stall/guest room plus 1 stall/staff on duty
Industry / Manufacturing - Small Scale
1 stall/100 m2(1080 ft2) GFA
Laboratory
1 stall/50 m2 (540 ft2 ) GFA
Laundromat
1 stall/25 m2 (270 ft2 ) GFA
Light Equipment Repair / Rental
1 stall/100 m2 (1080 ft2) GFA
Livestock Auction Mart
1 stall/25 m2 (270 ft2 ) GFA
Page 64
Mobile Home
2 stalls
Motel
1 stall/guest room plus 1 stall/staff on duty
Museum
2 stalls/100 m2 (1080 ft2) GFA
Nursing Home
1 stall/4 beds
Office Building
1 stall/50 m2 (540 ft2 ) GFA
Oilfield Support Services
1 stall/100 m2 (1080 ft2) GFA
Personal Service Shop
1 stall/25 m2 (270 ft2 ) GFA
Pharmacy
1 stall/25 m2 (270 ft2 ) GFA
Public Assembly
1 stall/25 m2 (270 ft2 ) GFA
Recreation Facility
Discretion of Development Authority
Recreational Amusement Park
Discretion of Development Authority
Restaurant
1 stall/4 seats
Restaurant - Drive Thru
1 stall/4 seats
Restaurant - Takeout/Delivery
3 stalls
Retail Store
1 stall/25 m2 (270 ft2 ) GFA
School - Elementary and Middle School
5 stalls plus 1 stall per classroom
School - High School
1 stall/3 students(design capacity)
Seed Cleaning Plant
1 stall/100 m2 (1080 ft2) GFA
Senior Citizen Self Contained Units
2 stalls/dwelling unit plus 1 stall/staff on duty
Supermarket
1 stall/25 m2 (270 ft2 ) GFA
Taxi and Bus Depot
1 stall/25 m2 (270 ft2 ) GFA
Trade / Commercial School
1 stall/3 students (design capacity)
Transport / Truck Operation
1 stall/100 m2 (1080 ft2)GFA
Truck and Mobile Home Sales and Rental
1 stall/100 m2 (1080 ft2) GFA
Vehicle Wash
3 stalls
Veterinary Clinic
1 stall/50 m2 (540 ft2 ) GFA
Warehouse Store
1 stall/25 m2 (270 ft2 ) GFA
Page 65
Section 55: On-Site Loading Requirements
55.1
All multiple-family developments, commercial businesses and industrial businesses shall provide a minimum
of one loading space. A loading space shall be designed and located so that all vehicles using that space
can be parked and maneuvered entirely within the bounds of the site without backing to or from adjacent
streets.
55.2
A loading space shall be a minimum width of 3.5 m (11.5 ft.) and a minimum depth of 8.0 m (26.3 ft.) and
maintain a minimum overhead clearance of 4.6 m (15.1 ft.).
55.3
For apartment or multiple-family developments with more than twenty (20) units, adequate loading space
shall be provided to the satisfaction of the Development Officer/Municipal Planning Commission.
Section 56: Vehicles
56.1
Access to Sites:
56.1.1 All access locations and curb crossings require the approval of the Town.
56.1.2 All sites shall be designed so that backing maneuvers necessary to access a parking stall, a
loading door, a drive-through or any other area where vehicles operate, take place wholly on the
site. Exceptions are single detached dwellings and individual parking stalls accessing a lane.
56.2
Sight Lines at Intersections of Roadways
56.2.1 At the intersection of lanes, a 3.0-meter (9.8 feet) sight triangle shall be maintained:
FIGURE 56-1: SIGHT TRIANGLE AT INTERSECTION OF LANES
56.2.2 At the intersection of other roadways, the Development Officer/Municipal Planning Commission
may require the calculation of sight triangles where:
(a) One or more rights of way is less than 15.0 meters (49.2 feet) in width; or
(b) Regulated vehicle speed exceeds 50 kilometers per hour; or
(c) One of the carriageways is not centered in its right-of-way; or
(d) An intersection leg is curved or skewed; or
(e) An intersection leg is sloped at 2 percent or greater.
56.3
Sight triangle calculations shall be in accordance with the recommended methods of the Roads
and Transportation Association of Canada regarding crossing sight distances for roadways.
Page 66
56.4
Driveways:
56.4.1 At street intersections, driveways shall be setback from the parcel boundaries which form the
intersection not less than:
(a) 6.0 meters (19.7 feet) where the driveway serves not more than 4 dwelling units; or
(b) 15.0 meters (49.2 feet) for other uses, except where existing/planned traffic volumes indicate
that a greater distance is needed to improve/maintain traffic safety and efficiency.
56.4.2 Driveway widths for residential parking stalls shall not exceed 40% of the total lot frontage at the
property line, but in no case shall be less than 3.0 meters (9.8 feet) wide.
56.4.3 Commercial and industrial driveways intended for two-way vehicle movement shall be at least 9.0
meters (29.5 feet) wide. The maximum width of a commercial or industrial driveway shall be 10.0
meters (32.8 feet).
56.4.4 The minimum distance between driveways shall be:
(a) Nil, where the driveways serve single dwelling units,
(b) 6.0 meters (19.7 feet) for other uses, except where existing/planned traffic volumes indicate
that a greater distance is needed to improve/maintain traffic safety and efficiency.
56.43.5 The minimum angle for a driveway to a commercial, industrial, or high-density residential use shall
be 70 degrees.
Page 67
NINE: Signs
Section 57: General Provisions
57.1
Signs shall only be erected on sites to which their display relates except in the base of advance directional
signs which may be approved by the Development Officer/Municipal Planning Commission in locations where it
considers the free and safe flow of traffic may be enhanced.
57.2
A sign shall not conflict with the general character of the surrounding landscape or the architecture of
nearby buildings or be liable to create a cluttered appearance.
57.3
A sign shall not project closer than 0.75 m (2.46 ft.) to the exterior wall of the building.
57.4
Where a sign projects over public property, a minimum distance of 2.5 m (8.2 ft.) above grade level shall be
maintained.
57.5
Notwithstanding 53.4, where a sign projects into or over a driveway or other area of vehicle movement, a
minimum clearance of 4.6 m (15.1 ft.) above grade level shall be maintained.
57.6
A sign shall not obstruct the view of or be liable to be confused with an official traffic sign, signal or device or
otherwise pose a potential hazard to traffic.
57.7
A sign shall not display lights which may be mistaken for the flashing lights customarily associated with
danger or those used by police, fire, ambulance or other emergency vehicles.
Section 58: A-Board Signs
58.1
A-Board Signs shall:
58.1.1 Be of a painted finish, be neat and clean, and be maintained in such condition; and be of a size not
exceeding 0.6 m (2.0 ft.) wide by 0.9 m (3.0 ft.) high, and not less than 0.3 m (1.0 ft.) wide by 0.6 m
(2.0 ft.) high.
Figure 58-2- A-Board Sign
Page 68
Section 59: Awning and Canopy Signs
59.1
Awning and canopy signs shall not project from the building to a point greater than where a perpendicular
line from the front edge of the awning will intersect the sidewalk 0.6 m (2.0 ft.) from the face of the curb.
59.2
Canopy signs may be attached to the sides and front of the canopy, and such signs may extend the entire
length and width of the canopy.
59.3
Under canopy signs may be hung from the canopy provided such signs shall not:
59.3.1 Extend beyond the sides or the front of such canopy; and
59.3.2 Exceed a vertical dimension of 1.5 m. (4.9 ft.)
59.4
No person shall erect an awning sign, a canopy sign or an under canopy sign unless such sign:
59.4.1 Is securely hung and anchored to the building to which it is attached;
59.4.2 The structure to which it is attached is capable of resisting all stresses resulting from dead weight,
snow and wind loads;
59.4.3 Is at a clearance of not less than 2.8 m (9.2 ft.) from the average ground level at the face of the
building.
59.4.4 Does not project more than 3.0 m (9.8 ft.) from the face of the building or structure to which it is
attached.
FIGURE 59-1: AWNING AND CANOPY SIGNS
Page 69
Section 60: Billboards
60.1
A development permit for a billboard shall not be issued unless the billboard is to be located on a lot
abutting Highway 13 right-of-way and is subject to the approval of Alberta Infrastructure and Transportation.
60.2
A billboard sign shall not:
60.2.1 Be more than 3.0 m (9.8 ft.) high, and not more than 6.0 m (18.7 ft.) long;
60.2.2 Be less than 3.6 m (11.8 ft.) above grade level;
60.2.3 Have a maximum height above grade of more than 6.0 m (19.7 ft.);
60.2.4 Have a maximum area exceeding 18.0 m2 (194.4 ft2);
60.2.5 Be less than 15.0 meters (49.2 feet) from the nearest billboard; and
60.2.6 Not be located closer than 3.0 m (9.8 ft.) to any property line.
60.3
The land and the sites in and about where the billboards are permitted shall be at all times maintained in a
neat and clean manner, free from all loose papers and rubbish. A second face may be required on the
billboard where the back of the billboard is visible to pedestrian or vehicle traffic.
Section 61: Election Signs
61.1
Election signs may be placed on private or public property (with the approval of the owner/public authority).
61.2
Election signs are permitted on municipal property only as designated by the Development Authority.
61.3
No encroachment of an election sign from private property onto municipal property will be permitted unless it
is at a designated location.
61.4
Election signs must be located at least 3.0 m (9.8 ft.) from the edge of the travelling surface of a roadway.
61.5
Election signs on public property may not exceed 3.0 m2 (32.4 ft2) in size nor 3.6 m (11.8 ft.) in height.
61.6
Candidates shall remove their election signs from public and private property within 48 hours after the close
of the voting stations on Election Day and ensure that the site is cleaned up and that the holes are filled with
a mixture of topsoil and grass seed;
61.7
If a candidate fails to remove his or her election signs within 48 hours after the voting stations close on
Election Day, the Bylaw Enforcement Officers may remove them and the candidate shall be liable for the
cost of removal.
61.8
When an election sign interferes with work being carried out by Town work crews or contractors doing work
on behalf of the Town, the crews may remove and dispose of such signs.
61.9
Bylaw Enforcement Officers employed by the Town may remove any election signs, which have been
erected, affixed, posted or placed on any Town property in contravention of this bylaw.
61.10
A candidate whose name appears on an election sign, which is in contravention of this bylaw, shall be guilty
of an offence under this bylaw.
Section 62: Fascia Signs
62.1
Fascia signs shall not be located above any portion of a street, or project over public property unless there
is a minimum clearance from grade of 2.5 m (8.2 ft.) and a maximum projection of 0.4 m (1.3 ft.).
62.1.2 A fascia sign shall not exceed 20% of the visible area of the façade of each wall of the building on
which it is located; and
62.1.2 A fascia sign may be illuminated.
Page 70
Section 63: Freestanding Signs
63.1
A freestanding sign may be allowed in a setback area as established in the Land Use Bylaw and is subject
to the condition that it be removed or relocated at the owner's expense upon 30 days written notice from the
Town.
63.2
Freestanding signs in non-residential districts are subject to the following regulations:
63.2.1 One (1) freestanding sign shall be allowed per lot frontage for the purpose of identifying the use or
building on that lot;
63.2.2 The sign shall be designed in a manner which is architecturally compatible with the general
character of the building and/or the surrounding streetscape, as approved by the Development
Officer/Municipal Planning Commission.
63.2.3 The maximum area of the freestanding sign shall not exceed 18.0 m2 (194.4 ft2).
63.2.4 The maximum height of the freestanding sign shall not exceed 9.0 m (29.5 ft.).
63.2.5 Free standing signs shall not identify any accessory tenants within the principal building.
63.2.6 The sign may be illuminated but shall not have flashing or intermittent lights or device or
mechanism that creates the impression of flashing or intermittent lights. Reader board signs are
permitted.
63.2.7 At the discretion of the Development Officer/Municipal Planning Commission, landscaping may be
required at the base of the sign; and
63.2.8 The bottom of freestanding signs shall be a minimum of 3.6 m (11.8 ft.) above
grade, unless a lesser distance is approved by the Development Officer/Municipal Planning
Commission, and the space between the bottom of the sign and the grade shall be unobstructed,
except for such supports as the sign may require.
63.3
Freestanding signs in residential districts shall be permitted under the following provisions:
63.3.1 One identification freestanding sign may be allowed to identify the name of an apartment, multi-
family complex, mobile home court or a subdivision, and which does not: exceed 2.0 square
meters (21.6 feet) in area; project within 0.6 meters (2.0 feet) from the property line; or exceed 3.5
meters (11.5 feet) in height.
63.3.2 Freestanding signs identifying the name of the community, neighborhood, or subdivision shall
blend in with the architecture or development theme of the surrounding area; and
63.3.3 A neighborhood identification sign shall not contain an advertisement in any form but may contain
the name or logo of the company or companies which developed the neighborhood.
Section 64: Painted Wall Signs
64.1
A painted wall sign shall not exceed 3.0 m (9.8 ft.) in height and 9.0 m (29.5 ft.) in length.
64.2
Only one sign per wall is permitted.
64.3
Notwithstanding Section 60.1, a sign may be the entire length of an exterior wall providing the design has
been approved by the Development Officer/Municipal Planning Commission.
Page 71
FIGURE 64-1: PAINTED WALL SIGNS AND PROJECTING SIGNS
Section 65: Portable and Inflatable Signs
65.1
Regulations include:
65.1.1 A portable sign shall be installed, serviced, removed, and accessed from the property on which the
sign is located.
65.1.2 A portable sign shall not exceed 4.0 m² (43.2 ft²) per face, nor shall any such sign exceed 3.0 m
(9.8 ft.) in height from grade.
65.1.3 No portable sign shall be illuminated or employ any flashing or sequential lights or any mechanical
or electronic device to produce or stimulate motion or be confused with traffic signs.
65.1.4 A portable sign shall not interfere with pedestrian and/or vehicle traffic.
65.1.5 Each property is entitled to utilize one portable sign.
65.1.6 No portable signs are permitted on Town owned property.
65.1.7 A portable sign must be stabilized but shall not use unsightly or potentially hazardous methods.
65.1.8 A portable sign shall be removed immediately on ceasing to be in use or a maximum time limit of
12 months.
65.1.9 A portable sign in use shall always be maintained in good condition and, specifically, shall contain
lettering and signage which is secure and complete. Any damaged or missing signage must be
repaired within 24 hours of knowledge of same coming to the attention of the permit holder.
65.2
Inflatable Signs:
65.2.1 An inflatable sign shall be tethered or anchored and shall be touching the surface to which it is
anchored.
65.2.2 An inflatable sign shall not exceed the maximum free standing sign height allowed (9.0 m or 29.5
ft.).
65.2.3 There shall be a maximum of one (1) inflatable sign per site, but no inflatable sign shall be
permitted on the site containing any other portable sign.
Page 72
65.2.4 An inflatable sign may be placed on a site twice within a calendar year, but not for more than 30
days at a time.
Section 66: Projecting Signs
66.1
No projecting sign shall be erected so that the bottom thereof is less than 2.8 m (9.2 ft.) above the sidewalk;
provided however, where traffic lights may be obscured in the opinion of the Development Officer/Municipal
Planning Commission, the minimum requirement for the bottom of the projecting sign may be increased to a
height of 3.6 m (11.8 ft.) or more above the sidewalk.
66.2
All projecting signs shall maintain the required clearance from overhead power and service lines as required
forth under The Electrical Protection Act.
66.3
The maximum area of a projecting sign shall be 4.5 m2 (48.6 ft²).
66.4
The nearest edge of a projecting sign shall not be set off more than 0.3 m (1.0 ft.) from the building face.
Section 67: Wall Signs
67.1
Wall signs shall be securely fastened to walls and shall not be entirely supported by an unbraced parapet
wall.
67.2
The maximum horizontal dimension of a wall sign shall be 6.0 m (19.7 ft.).
Page 73
TEN: Land Use Districts
Section 68: Establishment of Land Use Districts
68.1
For the purposes of this Bylaw the Town of Killam is divided into the following districts:
Residential Single Detached
R1A
Residential General
R1
Residential Mobile Home Subdivision
R2
Residential Multi Family
R3
Residential Low Density
R4
Commercial Central
C1
Light Industrial Business
LIB
Parks
P
Institutional
I
Urban Reserve
UR
Direct Control
DC
68.2
The boundaries of the districts listed in this Bylaw are as delineated in Schedule A, Land Use District Map.
68.3
Where uncertainty exists as to the boundaries of districts as delineated in the Land Use District Map, the
following rules shall apply:
68.3.1 Where a boundary is shown as following a street, lane, or creek, it shall be deemed to follow the
center line thereof.
68.3.2 Where a boundary is shown as approximately following a lot line, it shall be deemed to follow the
lot line.
68.3.3 Where land use districts have been established in accord with a proposed subdivision of land, the
districts shall be understood to conform to the Certificate of Title or the Plan of Survey when registered in a
land title office. Prior to the registration, the district boundary shall be determined on the basis of the scale
of the map.
68.4
The district standards of this Bylaw do not apply to roads, lanes, or other public thoroughfares.
Page 74
TABLE 68-1: RESIDENTIAL LAND USES
P = Permitted D = Discretionary DC= Sec. 79
Land Use District
Land Use Type
R1A
R1
R2
R3
R4
DC
Accessory Building
P
P
P
P
P
Apartment
P
Assisted Living Facility
D
D
Basement Suites - Single Detached
D
Bed and Breakfast Facility
D
D
Dwelling, Duplex
D
Dwelling, Fourplex
P
Dwelling, Rowhouse
P
Dwelling, Single Detached
P
P
P
Dwelling, Single Detached,
Relocated - Not of new Construction
D
Dwelling, Triplex
P
Garden Suite
D
D
D
Group Care Facility
D
D
Home Occupation
P
P
P
P
P
Mobile Home
P/D
Public Assembly
P
P
P
P
Public Use
P
P
P
P
P
Utility Buildings
D
D
D
D
D
Page 75
Section 69: R1A Residential Single Detached District
69.1
Purpose: To provide an area for single detached residential development.
69.2
Uses:
69.3
Site
Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations shall apply
to every development in this district.
Maximum Site Coverage
45%.
Minimum Floor Area
100 square metres (1,080 square feet).
Homes under 100m2 will be considered individually by MPC on the
overall merit of the application's suitability to the surrounding
properties. All homes must be on a permanent foundation.
Maximum Building Height
Dwelling
-
10.0 metres (32.8 feet) from grade to roof peak.
Garage and Accessory Building
-
7.0 metres (23.0 feet) from grade to roof peak.
Minimum Parcel Area
Interior Parcels 550 square metres (5,940 square feet).
Corner Parcels 600 square metres (6,480 square feet).
Front Yard Setback
Dwelling
-
6.0 m (19.7 feet).
Garage and Accessory Building
-
Detached structures to be located 2m from the principal
building
-
None in Front Yard.
Rear Yard Setback
Dwelling
-
6.0 m (19.7 feet).
Garage and Accessory Building
-
1.0 metres (3.3) feet
Garage Roof Overhang
-
0.3 metre (1.0 feet).
Permitted Uses
Discretionary Uses
Accessory Building
Dwelling, Single Detached
Demolition
Home Occupation Business
Public Assembly
Public Use
Bed and Breakfast Facility
Homes less than 100m2
Home Occupation Business requiring
variances from Section 42
Garden Suites
Utility Building
Wind Powered Facility
Similar Use
Page 76
Side Yard Setback
Dwelling
- 1.5 metres (4.9 feet) interior lots
- 3.0m Flanking Side Yard Setback
Garage and Accessory Building
-
1.0 metres (3.3) feet
Garage Roof Overhang
-
0.3 metres (1.0 feet).
Landscaping
All yards shall be landscaped with trees, shrubs and planted
groundcover in accordance with plans approved by the
Development Authority. Notwithstanding any provisions of this
Bylaw to the contrary, as a condition of approval of a development
permit, all landscaping and planting required must be carried out to
the satisfaction of the Development Authority within twelve months
of occupancy or commencement of operation of the development.
Parking
A two-car parking area shall be provided to the rear, side or front of
the dwelling. Notwithstanding, in the case of a dwelling fronting
onto an arterial road, the parking area shall access from the lane
where one is provided.
Page 77
Section 70: R1 Residential General District
70.1
Purpose: This district is generally intended to provide land for the development of low-density single-family
dwellings.
70.2
Uses:
Permitted Uses
Discretionary Uses
Accessory Building
Demolition
Dwelling, Single Detached
Home Occupation Business
Public Assembly
Public Use
Apartment
Assisted Living Facility
Basement Suite
- Dwelling, Single Detached
Bed and Breakfast Facility
Dwelling, Duplex
Dwelling, Single Detached
- Relocated not of New Construction
Garden Suites
Group Care Facility
Homes under 100m2
Home Occupation Business requiring
variances from Section 42
Utility Building
Wind Powered Facility
Other Residential Uses which in the
opinion of the Development Authority are
deemed appropriate
Page 78
70.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations shall apply
to every development in this District.
Maximum Site Coverage
45%.
Minimum Floor Area
100 m² (1,080 ft²)
Homes under 100m2 will be considered individually by MPC on
the overall merit of the application's suitability to the surrounding
properties. All homes must be on a permanent foundation.
Minimum Parcel Area
(Single Detached)
In the case of roadway and lane systems:
- 475 m² (5,130 ft²); and
In the case of lane less systems:
- 502 m² (5,422 ft²); or
Such greater size necessitated to meet minimum yard
requirements.
Minimum Parcel Area
(Duplexes)
In all cases:
- 177.8 m² per unit (3,000.0 ft² per unit).
Maximum Building Height
Dwelling
-
10.0 metres (32.8 feet) from grade to roof peak.
Garage and Accessory Building
-
7.0 metres (23.0 feet) from grade to roof peak, or the height of
the principal dwelling, whichever is less.
Page 79
Front Yard Setback
Dwelling
-
6.0 metres (19.7 feet).
Garage and Accessory Building
-
Detached structures to be located 2m from the principal
building
-
None in Front Yard.
Rear Yard Setback
Dwelling
-
6.0 m (19.7 feet).
Garage and Accessory Building
-
1.0 metres (3.3) feet.
Garage Roof Overhang
-
-
0.3 metre (1.0 feet).
Side Yard Setback
Dwelling
- 1.5 metres (4.9 feet). interior lots
- 3.0m Flanking Side Yard Setback
Garage and Accessory Building
-
1.0 metres (3.3) feet
Garage Roof Overhang
-
0.3 metres (1.0 feet).
Landscaping
All yards shall be landscaped with trees, shrubs and planted
groundcover in accordance with plans approved by the
Development Authority. Notwithstanding any provisions of this
Bylaw to the contrary, as a condition of approval of a development
permit, all landscaping and planting required must be carried out to
the satisfaction of the Development Authority within twelve months
of occupancy or commencement of operation of the development.
Parking
A two-car parking area shall be provided to the rear, side or front of
the dwelling. Notwithstanding, in the case of a dwelling fronting
onto an arterial road, the parking area shall access from the lane
where one is provided.
Page 80
Section 71: R2 Residential Mobile Home Subdivision District
71.1
Purpose: To provide an area for and to regulate the development and use of land for mobile homes, and
other uses herein listed, which are compatible with a residential area on separately registered parcels.
71.2
Uses:
71.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations shall apply
to every development in this district.
Maximum Site Coverage
45%.
Floor Area
90 square metres (972 square feet)
Homes under 90m2 will be considered individually by MPC on the
overall merit of the application's suitability to the surrounding
properties.
Minimum Parcel Area
Interior Parcels - 460 square metres (4,968 square feet); and
Corner Parcels - 510 square metres (5,508 square feet).
Front Yard Setback
Mobile Home
-
6.0 metres (19.7 feet).
Garage and Accessory Building
-
Detached structures to be located 2m from the principal
building
-
None in the Front Yard.
Rear Yard Setback
Dwelling
-
6.0 m (19.7 feet).
Garage and Accessory Building
-
1.0 metres (3.3) feet
Garage Roof Overhang
-
0.3 metre (1.0 feet).
Permitted Uses
Discretionary Uses
Accessory Building
Demolition
Home Occupation Business
Mobile Homes < Eight (8) years of age from the
date of Development Permit Application
Public Assembly
Public Use
Mobile Homes > Eight (8) years of age from the
date of Development Permit Application
Single Family Homes less than 90m2
Home Occupation Business requiring variances
from Section 42
Utility Building
Wind Powered Facility
Similar Use
Page 81
Side Yard Setback
Dwelling
- 1.5 metres (4.9 feet). interior lots
- 3.0m Flanking Side Yard Setback
Garage and Accessory Building
-
1.0 metres (3.3) feet
Garage Roof Overhang
-
0.3 metres (1.0 feet).
Landscaping
All yards shall be landscaped with trees, shrubs and planted
groundcover in accordance with plans approved by the
Development Authority. Notwithstanding any provisions of this
Bylaw to the contrary, as a condition of approval of a development
permit, all landscaping and planting required must be carried out to
the satisfaction of the Development Authority within twelve months
of occupancy or commencement of operation of the development.
Parking
A two-car parking area shall be provided to the rear, side or front of
the dwelling. Notwithstanding, in the case of a dwelling fronting
onto an arterial road, the parking area shall access from the lane
where one is provided.
Page 82
Section 72: R3 Residential Multi Family District
72.1
Purpose: This district is generally intended to provide land for the development of higher density housing
within Killam.
72.2
Uses:
72.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations shall apply
to every development in this District.
Maximum Site Coverage
50%.
Minimum Floor Area
Not less than 75 m² (810 ft²) for a one bedroom unit, and an
additional 11 m² (119 ft²) per unit for each bedroom in the unit
included thereafter.
Homes under 75m2 will be considered individually by MPC on the
overall merit of the application's suitability to the surrounding
properties. All homes must be on a permanent foundation.
Minimum Parcel Area
Dwelling, Triplex, Fourplex and Rowhouse (Per Unit):
-
240 m² (2,592 ft²) per unit.
Dwelling, Apartment (Per Unit):
-
Shall be the greater of 555 m² (5,995 ft²); or 80 m² (864
ft²)/one bedroom unit; 95 m² (1,026 ft²)/two-bedroom unit; and
115 m² (1,242 ft²)/three bedroom unit.
Maximum Building Height
Dwelling, Triplex, Fourplex and Rowhouse:
-
10.0 metres (32.8 feet) from grade to roof peak.
Dwelling, Apartment:
At the discretion of the Development Authority.
Garage and Accessory Building
-
7.0 metres (23.0 feet) from grade to roof peak, or the height of
the principal dwelling, whichever is less.
Permitted Uses
Discretionary Uses
Accessory Building
Apartment
Demolition
Dwelling, Fourplex
Dwelling, Rowhouse
Dwelling, Triplex
Home Occupation Business
Public Assembly
Public Use
Assisted Living Facility
Group Care Facility
Single Family Home less than 75m2
Home Occupation Business requiring
Variances from Section 42
Utility Building
Wind Powered Facility (Bylaw 814)
Other Residential Uses which in the opinion of
the Development Authority are deemed
appropriate
Page 83
Front Yard Setback
Dwelling
-
6.0 metres (19.7 feet).
Garage and Accessory Building
-
Detached structures to be located 2m from the principal
building
-
None in Front Yard.
Rear Yard Setback
Dwelling
-
6.0 metres (19.7 feet).
Garage and Accessory Building
-
1.0 metre (3.3) feet.
Garage Roof Overhang
-
0.3 metre (1.0 ft.)
Side Yard Setback
Dwellings
- 1.5 metres (4.9 feet). interior lots
- 3.0m Flanking Side Yard Setback
Garage and Accessory Building
-
1.0 metre (3.3) feet.
Garage Roof Overhang
-
0.3 metre (1.0 ft.)
Landscaping
All yards shall be landscaped with trees, shrubs and planted
groundcover in accordance with plans approved by the
Development Authority. Notwithstanding any provisions of this
Bylaw to the contrary, as a condition of approval of a development
permit, all landscaping and planting required must be carried out to
the satisfaction of the Development Authority within twelve months
of occupancy or commencement of operation of the development.
Parking
A two-car parking area shall be provided to the rear, side or front of
the dwelling. Notwithstanding, in the case of a dwelling fronting
onto an arterial road, the parking area shall access from the lane
where one is provided.
Page 84
Section 73: R4 Residential Low-Density District
73.1
Purpose: To provide an area for low density residential development in the form of detached dwellings and
compatible uses, herein listed, which are connected to the municipal water and sewer system.
73.2
Uses:
73.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations shall apply
to every development in this district.
Maximum Site Coverage
30%.
Floor Area
Minimum 100 m² (1,080 ft²)
Minimum Parcel Area
0.2 hectares (0.5 acres)
Maximum Parcel Area
0.4 hectares (1.0 acres)
Maximum Building Height
Dwelling
10.0 m (32.8 feet) from grade to roof peak.
Garage and Accessory Building
7.0 metres (23.0 feet) from grade to roof peak, or the height of the
principal dwelling, whichever is less.
Front Yard Setback
Dwelling
10.0 m (32.8 ft.)
Garage and Accessory Building
- None in Front Yard.
- Detached structures to be located 2m from the principal building
Permitted Uses
Discretionary Uses
Accessory Building
Dwellings, Single Detached
Home Occupation
Public Use
Garden Suite
Home Occupation requiring variance from
Section 42
Sea Can (on parcels exceeding 1.6ha only)
Utility Building
Wind Powered Facility (Bylaw 814)
Other Residential Uses which in the opinion of
the Development Authority are deemed
appropriate
Page 85
Side Yard Setback
Dwelling
1.5 m (4.9 ft.) except where it abuts a public roadway 3.0 m (9.8
ft.), or as required by the Alberta Building Code, whichever is
greater.
Garage and Accessory Building
-
1.0 metre (3.3) feet.
Garage Roof Overhang
-
0.3 metres (1.0 feet).
Rear Yard Setback
Dwelling
15.0 m.
Garage and Accessory Building
-
1.0 metre (3.3) feet
Garage Roof Overhang.
-
0.3 metres (1.0 feet).
Parking
A two-car parking area shall be provided to the rear, side or front of
the dwelling. Notwithstanding, in the case of a dwelling fronting
onto an arterial road, the parking area shall access from the lane
where one is provided.
Accessory Buildings
Sea cans will only be allowed on parcels exceeding 1.6ha, limited
to one per property and hidden from street view
Building Orientation
Notwithstanding the foregoing regulations, all buildings shall be
oriented and located to facilitate re-subdivision into residential
parcels, roughly equivalent to those required in the R1 District.
Page 86
Section 74: C1 Commercial Central District
74.1
Purpose: To provide for an area for intensive commercial use, offering a wide variety of goods and services
and other uses, herein listed, which are compatible with the area, which will create an attractive environment
for pedestrians, but which will be accessible to motor vehicles.
74.2
Uses:
Permitted Uses
Discretionary Uses
Automobile Supply Store
Accessory Building to Principal Structure
Bank / Financial Institution
Clinic
Convenience Food Store
Contracting Services - Minor
Drinking Establishment
Dry Cleaning and Laundry Depot / Plant
Dwelling Units Above Ground Floor Business
Florist Shop
Food and/or Beverage Service Facility
Handicraft Business
Laundromat
Light Equipment Repair / Rental
Office Building
Medical Office
Personal Service Shop
Pharmacy
Professional Office
Professional Office Support
Public Use
Restaurant
Restaurant - Drive Thru
Restaurant - Takeout / Delivery
Retail Store
Retail Liquor Store
Sign
Supermarket
Accessory Use
Apartment
Automobile Repair Garage
Communication Tower
Funeral Home
Parking Facility
Recreation Facility
Recycling Depot
Taxi / Bus Depot
Temporary Mobile Commercial Sales
Vehicle Wash
Utility Building
Wind Powered Facility (Bylaw 814)
Other Commercial Uses which in the opinion of
the Development Authority are deemed
appropriate
Page 87
74.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations shall apply
to every development in this district.
Maximum Site Coverage
100%
Site Area
Minimum 140 m² (1,512 ft²) with a width of not less than 7.5 metres
(24.6 feet).
Maximum Building Height
10.0 metres (32.8 feet) without approval of the Development
Authority.
Front Yard Setback
Nil.
Side Yard Setback
Nil, except where abutting a residential street 2.0 metres (6.6 feet).
As per the building code, side yards of less than 2.0 metres (6.6
feet) requires non-combustible construction.
Rear Yard Setback
Minimum 3.0 metres (9.8 feet) to provide for loading and solid
waste disposal.
Accessory Buildings
Shall be 3.0 metres (9.8 feet) from the main building.
Access
Each parcel shall have access to a lane at one side or the rear.
Parking and Loading
Part 8 of this Bylaw.
Outdoor Storage and Display
Outdoor storage and display is not permitted except sidewalk
sales. Garbage storage shall be confined to a designated area and
shall not have an adverse effect on the use or circulation on the
parcel or adjacent parcels.
Dwelling Unit Entrance
Dwelling units shall have an entrance separate for the entrance to
any commercial component of the building.
Page 88
Section 75: LIB Light Industrial Business District
75.1
Purpose: To provide an area for planned light industrial business parks containing clean industrial uses with
compatible commercial uses.
75.2
Uses:
Permitted Uses
Discretionary Uses
Accessory Building to Principal Structure
Automobile and RV Sales and Rental
Automobile Service Station
Automobile Supply Store
Bank / Financial Institution
Caterer
Clinic
Convenience Food Store
Contracting Services - Minor
Drinking Establishment
Farm Supply Store
Florist Shop
Food and/or Beverage Service Facility
Funeral Home
Gas Bar
Handicraft Business
Hotel
Laundromat
Light Equipment Repair / Rental
Medical Office
Motel
Office Building
Personal Service Shop
Professional Office
Professional Office Support
Pharmacy
Public Use
Restaurant - All Types
Retail Store
Retail Store - Liquor
Shopping Centre
Sign
Supermarket
Theatre - Movie
Truck and Mobile Home Sales and Rental
(permitted use only on parcels north of Highway 13)
Truck Stop
Veterinary Clinic
Warehouse Store
Abattoir
Accessory Use
Auction Mart
Autobody and Repair Shop
Automobile Repair Garage
Bottled Gas Sales and Storage
Campground
Cannabis Production or Distribution Facility
Cannabis - Retail Sales/ Store
Caretaker's Residence
Communication Tower
Concrete Manufacturing/Plant
Contracting Services - Major
Dry Cleaning and Laundry Plant / Depot
Dwelling Units Above Ground Floor Business
Feed Mills and Grain Elevators
Gaming or Gambling Establishment
Industry/Manufacturing - Small Scale
Kennel
Laboratory
Livestock Auction Mart
Oilfield Support Services
Parking Facility
Propane Transfer Facility
Recreational Amusement Park
Recreation Facility
Recycling Depot
Research Facility
Sea Can
Seed Cleaning Plant
Tanker Truck Washing Facility
Taxi / Bus Depot
Temporary Mobile Commercial Sales
Transport/Truck Operation
Truck and Mobile Home Sales and Rental
(discretionary use on parcels south of Highway 13)
Utility Building
Vehicle Wash
Wind Powered Facility
Other Industrial and Commercial Uses which in the
opinion of the Development Authority are deemed
appropriate
Page 89
75.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations shall apply
to every development in this district.
Minimum Parcel Area
0.4 hectares (1.0 acres), however parcels located south of
Highway 13 may have a minimum 0.1ha (11,000 m2)
Minimum Parcel Frontage
30 metres (98.4 feet).
Maximum Building Height
10.0 metres (32.8 feet) without approval of the Development
Authority.
Front Yard Setback
9.0 metres (29.5 feet).
Side Yard Setback
3.0 metres (9.8 feet).
Rear Yard Setback
3.0 metres, except where abutting a residential district 7.5 metres
(24.6 feet).
Landscaping
When a development is proposed adjacent to a residential land use
district, a public park, or a recreational use, a buffer shall be
provided and maintained to the satisfaction of the Development
Authority. The buffer may be comprised of any or all of the
following: landscaped greenspace; closed or open fencing; trees;
and earth berming.
Parking and Loading
Part 8 of this Bylaw.
Outdoor Storage
All outdoor storage shall be screened.
All outdoor display shall be screened from residential districts.
Storage is not allowed in front yard.
Garbage storage shall not have an adverse impact on the use or
circulation on the parcel or adjacent parcels.
Page 90
Section 76: P Parks District
76.1
Purpose:
To establish an area for the use and development of public parks to meet the active or passive recreational
and leisure pursuits at the local, neighbourhood, municipal and district level.
76.2
Uses:
Permitted Uses
Discretionary Uses
Accessory Building and Accessory Use
Park
Recreational Facility
Public Utility Building
Public
Wind Powered Facility (Bylaw 814)
Similar Public Uses
76.3
Site Regulations:
All site and development regulations shall be at the discretion of the Development Officer or Municipal
Planning Commission. The design, siting, landscaping, screening and buffering shall be considered in order
to minimize and compensate for any objectionable aspects or potential incompatibility with development in
abutting districts and land uses.
Parking and Loading
Part Eight of this Bylaw.
Signs
Part Nine of this Bylaw.
Page 91
Section 77: I Institutional District
77.1
Purpose:
To provide for an area for the development of public land, which are compatible with the adjacent
surroundings.
77.2
Uses:
77.3
Site Regulations:
In addition to the Regulations contained in Parts Seven, Eight and Nine, the following regulations shall apply
to every development in this district.
Maximum Site Coverage
50%
Floor Area
n/a
Minimum Parcel Area
n/a
Maximum Building Height
10.0 metres (32.8 feet) without approval of the Development
Authority.
Front Yard Setback
Equal to or greater than the building height.
Side Yard Setback
Equal to or greater than the building height.
Rear Yard Setback
Equal to or greater than the building height.
Parking
Section 54 of this Bylaw.
Accessory Buildings
Section 33 of this Bylaw.
Permitted Uses
Discretionary Uses
Accessory Building to the principal use
Campground
Community Hall
Day Care Facility
Golf Course
Institutional Use
Museum
Nursing Home
Park
Public Use
School
Accessory Use
Cemetery
Communication Tower
Lagoon
Parking Lot
Public Assembly
Recreation Facility
Trade/Commercial School
Utility Building
Wind Powered Facility
Other Institutional Uses which in the opinion of
the Development Authority are deemed
appropriate
Page 92
Section 78: UR Urban Reserve District
78.1
Purpose: To reserve those areas of the municipality which are rural in character or land use for
urban development until such time as a subdivision plan has been accepted in principle or
approved for other specific uses not permitted in this district. The reclassification of land to
other land use districts will normally occur subsequent to the acceptance of an Area Structure
Plan where one is required by Council, and subsequent to the approval of subdivisions proposed.
78.2
Uses:
Permitted Uses
Discretionary Uses
Single Detached Dwelling on Existing Parcel
Greenhouse or Plant Nursery
Kennel
Natural Resource Development
Temporary Use or Building which in the
opinion of the Municipal Planning
Commission will not prejudice the possibility
of conveniently and economically replotting or
developing the area in the future
Wind Powered Facility
78.3
Site Regulations:
All site regulations shall be at the discretion of the Municipal Planning Commission.
Page 93
Section 79: DC Direct Control District
79.1
Purpose:
To provide for developments that, due to their unique characteristics, innovative ideas or because of
unusual site constraints, require specific regulations unavailable in other land use districts. This district is not
intended to be used in substitution for any other land use district in this Bylaw that could be used to achieve
the same result.
79.2.1 Uses: Land uses and buildings will be subject to the approval of Council.
79.3 Regulations:
(a) All site requirements shall be at the discretion of Council, based upon a review of the merits of the
development proposal and the relevant land use planning considerations.
(b) In applying for a Direct Control District, an applicant will need to provide written responses to why a
standard Land Use District in the Land Use Bylaw is considered to be in appropriate to accommodate
the proposal and why Direct Control is required.
(c)
Each Direct Control District will be different and contain uses and standards and decision-making
procedures specific to the proposed development.
(d) All development shall conform to the Town of Killam Municipal Development Plan.
(e) Council may refer to other sections of this bylaw to determine requirements for specific types of
proposed land uses on property zoned under this District. However, Council is not bound by any other
provisions of this bylaw other than those under this District.
(f)
When deciding a development permit application, Council shall consider the following:
- The existing and future land use of neighboring properties.
- The suitability of the site for the proposed use.
- The provision of municipal or on-site services such as water and sewer; and
- Any considerations which are unique to the proposed development.
- Council may decide on other requirements as are necessary, having regard to the nature of the
proposed development.
In order to distinguish one Direct Control District from another, each district will be identified on the land use map
with its own unique DC suffix in sequential order with the Direct Control District being approved by Council
labelled as DC 1.
Page 94
Schedules
Schedule A- Town of Killam Land Use Map
Schedule B- Fee Schedule
Schedule C- Development Permit Application Form and Development Permit Extension Form
Schedule D- Bylaw Amendment Form
Town Limits
Town Limits
Town Limits
LORNE AVENUE
LISGAR AVENUE
ROAD
ROAD
ROAD
HIGHWAY 36
HIGHWAY 13
ROADWAY
HIGHWAY 13
LANE
50 ST
47A AVE
46 AVE
48 AVE
47 AVE
55 ST
52 AVE
50 AVE
59 ST
SERVICE ROAD
58 ST
57 ST
54 ST
55 ST
49 ST
52 ST
51 ST
48 ST
46 ST
49 AVE
47 ST
53 ST
56 ST
51 AVE
56 ST
48 AVE
48A AVE
SERVICE ROAD
50 AVE
74
.+$
.+$
4
74
2
4
&%
2
+
4
4
4
4
.+$
.+$
.+$
%
74
4
4
&%
&%
&%
Town of Killam
LAND USE BYLAW
Schedule A - Land Use District Map
C-1
DC
LIB
I
P
R-1
R-2
R-3
R-4
UR
Light Industrial Business
Direct Control
Commercial Central
Institutional
Park
General Residential
Mobile Home Subdivision
Multi Family Residential
Low Density Residential
Urban Reserve
Agency
Planning
Central
West
POLICY
1 | P a g e
Policy Reference
Planning and Development
MGA
PURPOSE
To establish fees for development permits for various developments in the Town of Killam.
DEFINITIONS
POLICY
The following fees will be charged for issuing a Development:
Development Permit Applications:
Minor development
Decks, Signage*, Portable Signs, Fencing* ........................................................................... $25.00
Demolition, Residential................................................................................................................... $50.00
Residential Development
Change of Use ...................................................................................................................... $75.00
Addition .............................................................................................................................. $100.00
Accessory Building* ............................................................................................................ $100.00
Mobile ................................................................................................................................ $100.00
Dwelling, Detached ............................................................................................................ $200.00
Dwelling, Duplex ................................................................................................................ $200.00
Dwelling, 3 or more units ................................................................................................... $300.00
Discretionary Use / Variance ....................................................................................................... $100.00
Penalty - Post Construction Development Permit ..............2x Development Permit Fee + $350.00
Penalty - Post Construction Development Permit ..............2x Development Permit Fee + $500.00
Discretionary Use or Variance
Commercial Development
Change of Use ...................................................................................................................... $75.00
Demolition ..................................................................................................................................... $50.00
Addition .............................................................................................................................. $100.00
Accessory Building* ............................................................................................................ $100.00
Commercial Building less than 10,000 ft2 (929 m2) ........................................................... $350.00
Commercial Building 10,000 ft2 (929 m2) or greater ......................................................... $500.00
Discretionary Use / Variance ....................................................................................................... $150.00
Penalty - Post Construction Development Permit ..............2x Development Permit Fee + $350.00
Penalty - Post Construction Development Permit with .....2x Development Permit Fee + $500.00
Discretionary Use or Variance
Title
Development Permits Fees
Policy number
E002
POLICY
2 | P a g e
Industrial Development
Change of Use ...................................................................................................................... $75.00
Demolition ..................................................................................................................................... $50.00
Addition .............................................................................................................................. $100.00
Accessory Building* ............................................................................................................ $100.00
Industrial Building less than 10,000 ft2 (929 m2) ................................................................ $350.00
Industrial Building 10,000 ft2 (929 m2) or greater .............................................................. $500.00
Discretionary Use / Variance ....................................................................................................... $150.00
Penalty - Post Construction Development Permit ..............2x Development Permit Fee + $350.00
Penalty - Post Construction Development Permit ..............2x Development Permit Fee + $500.00
Discretionary Use or Variance
______________________________________________________________________________
Land Use Bylaw Amendment .................................................................................................... $350.00
Subdivision Application
Three lots or less per application ................................................ $1050.00 Plus $100 per lot created
Four lots or more per application ..............................................$ 1100.00 Plus $200 per lot created
Lot line adjustment where no new parcels are created ...................................................... $1000.00
Time Extension of subdivision approval (first) ...................................................................... $250.00
Time Extension of subdivision approval (second) ............................................................... $300.00
Endorsement Fees
Three lots or less per application .......................................................... $100.00 per new lot + remainder
Four Lots or more per application ........................................................ $ 200.00 per new lot + remainder
(Remnant parcels and bareland condominium units are included, Roads, reserve lot and public
utility lots are excluded).
Lot line adjustment application ................................................................................................ $100.00
Other
Separation of title (flat fee) ........................................................................................................ $800.00
Condominium Unit Conversion (buildings only) ..................................................................... $40.00
(Section 75 of Condominium Property Regulation)
Compliance Certificate ....................................................................................................... $150.00
Encroachment Agreements ............................................................................................... $200.00
Appeals ............................................................................................................................... $300.00
POLICY
3 | P a g e
1.
The Town of Killam Development Authority will accept and issue development permits.
IMPLEMENTATION
1. This policy shall be posted on the website
2. Policy 7.3 is hereby repealed.
Date
Resolution Number
APPROVED
August 30, 2017
AMENDED
April 26, 2018
AMENDED
______________________________
_____________________________
Ben Kellert
Kimberly Borgel
Mayor of the Town of Killam
CAO of the Town of Killam
Fields marked with an asterisk (*) must be filled.
Town of Killam
4923 - 50th Street
P.O. Box 189, AB T0G 2L0
Tel: 780-385-3977
Fax: 780-385-2120
[email protected]
*Applicant's Name
*Mailing Address
*Municipality
*Postal Code
Applicant's Information
*Application Date:
*Phone (Primary)
Phone (Alternative)
Fax:
Email:
SAME AS ABOVE
*Name of Owner
*Mailing Address
*City / Province
*Postal Code
Landowner's Information
*Phone (Primary)
Phone (Alternative)
Fax:
Email:
PROPERTY INFORMATION
*Civic Address:
*Legal Description:
Lot(s)
Block
Plan
Roll
*Land Use District:
DEVELOPMENT INFORMATION
*Describe EXISTING buildings and use of the land:
*Describe PROPOSED buildings and use of the land:
Signature of Applicant:
Signature of Applicant
Printed Name of Applicant
Signature of Owner:
Signature of Registered Landowner
Printed Name of Registered Landowner
TOWN OF KILLAM APPLICATION FOR DEVELOPMENT
Residential / Commercial / Industrial / Institutional
For Office Use Only
Application No.
Date Received:
Date Completed:
Fee Received:
Fields marked with an asterisk (*) must be filled.
PLEASE BE ADVISED OF THE FOLLOWING
1. Alberta One-Call to be completed before development commences.
2. All work to be completed in accordance with all pertinent safety code requirements.
3. A copy of all required code permits (Building, Electrical, Gas, or Plumbing) is to be submitted to the Town
within fourteen (14) days of obtaining permits.
4. Additional information may be required for this project.
5. The applicant consents to allow inspections as required by the Development Authority, Safety Codes Act and
any provisions under the Municipal Government Act.
6. The Development Authority may refuse to accept an application for a development permit where the
required information is not supplied or where a decision on the application cannot be properly made
without additional information.
7. A Development Permit for a discretionary use or variance does not become effective until twenty one (21)
after the date of issuance of the notice of decision. Should a decision be appealed with the twenty one (21)
day period, the permit shall not become effective until the Subdivision and Development Appeal Board has
determined the appeal, after which the permit may be modified or nullified.
8. A permit is valid for a period of twelve (12) months from the date of issue. If at the expiry of this period the
CHECK LIST OF SUBMISSION REQUIREMENTS
*Please ensure that all applications are accompanied by the following:
A non-refundable application fee;
A scaled site plan showing property boundaries, approaches, all existing and proposed structures, setback
distances and landscaped areas; ( see attached diagram)
A scaled floor plan;
Proof of ownership (land titles ordered within last 6 months)
If applicable, a roadside development permit issued by Alberta Transportation
If applicable, a development deposit submitted to and retained by the Town until the proposed
development is completed to the satisfaction of the Development Authority
*Please provide the following information relating to your development proposal:
Front Yard Setback
Height of Building
Side Yard Setback (right)
Off-street Parking
Yes / No
Side Yard Setback (left)
Number of Spaces
Rear Yard Setback
Project Value
$
Floor Area
The personal information contained on this form is collected pursuant to Section 32c of the Freedom of information and Protection of
Privacy Act, Part 17 of the Municipal Government Act, and will be used for the purpose of application review and analysis and may include
notification to various Municipal Departments and Provincial Agencies; and adjacent landowners and/or municipalities to which the
application and related correspondence(s) are copied and circulated.
Fields marked with an asterisk (*) must be filled.
--
--
---& M t ==----
Pl.OT PLAN
-
--..-...-..........,.=-==""'----
..
----·t
-
....
..-·---- --
Fields marked with an asterisk (*) must be filled.
Legal Description:
Lot(s)
Block
Plan
*Please use the space above to represent the following features on your site plan:
-
Location of existing and proposed buildings
-
Location of local roads, county roads and highways
-
Location of driveways & accesses
-
Label setback distances separating buildings from property boundaries
-
Natural features including lakes, wetlands, sloughs, vegetated areas and steep slopes
SITE PLAN SKETCH
Town of Killam
4923 - 50th Street
P.O. Box 189, AB TOG 2LO
Tel: 780-385-3977
Fax: 780-385-2120
[email protected]
For Office Use Only
Date Received:
TOWN OF KILLAM APPLICATION FOR A BYLAW AMENDMENT
Civic Address:
Legal Land Description:
Lot
Block
I am requesting:
Requests or
Considerations:
Registered Owner:
Mailing Address:
Phone Number:
Email Address:
D
Re-zone to different
district
Address Line 1
Address Line2
City
Bylaw No.:
Plan
D
Text amendment or
Direct Control
Province
Cell:
Postal Code
Signature of Applicant:
Signature of Owner/Applicant
Printed Name of Owner/Applicant
The personal information contained on this form is collected pursuant to the Freedom of information and Protection of Privacy Act, and Part
17 of the Municipal Government Act, and will be used for the purpose of reviewing and processing the application and may include
notification to various Municipal Departments to which the application and related correspondence(s) are copied and circulated.