Land Use Bylaw with Schedule A - 25-010

Lac La Biche County, Alberta

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THAT BYLAW 25-010 BE GIVEN FIRST READING THIS 22ND DAY OF JULY, 2025 THAT BYLAW 25-010, AS AMENDED, BE GIVEN SECOND READING THIS 23RD DAY OF SEPTEMBER, 2025. THAT BYLAW 25-010, AS AMENDED, BE GIVEN THIRD READING THIS 23RD DAY OF SEPTEMBER, 2025. "Original Signed" "Original Signed" We respectfully acknowledge the traditional and ancestral lands of the First Nations peoples of Treaty 6, Treaty 8 and Treaty 10 territories and the Homeland of the Metis people. Lac La Biche County continues to be home to Indigenous peoples since time immemorial, and we recognize the vital contributions of Indigenous culture, history, and perspectives in our shared past, present and future. 1 1 1 1 1 1 2 2 3 3 4 21 21 21 22 22 22 22 22 23 23 23 24 24 25 25 26 26 Contents 1.0 ENACTMENT & INTERPRETATION 1.1 Title 1.2 Authority 1.3 Purpose 1.4 Severability 1.5 Relationship to other Laws and Regulations 1.6 Effective Date &Transition 1.7 Applications inProgress 1.8 Conformity with the Bylaw 1.9 General Interpretation 1.10 Definitions 2.0 APPROVING AUTHORITIES 2.1 General 2.2 Development Officer 2.3 Subdivision Authority Officer 2.4 Subdivision Authority 2.5 Municipal Planning Commission 2.6 Council 2.7 Appeal Boards 3.0 AMENDMENT TO THE LAND USE BYLAW 3.1 Amendment Procedure 3.2 Amendment Application 3.3 Amendment Decisions 3.4 Direct Control Bylaws & Resolutions 4.0 PROCEDURE FOR SUBDIVISION 4.1 Subdivision Applications 4.2 Complete Subdivision Applications 4.3 Incomplete Subdivision Applications Lac La Biche County- Land Use Bylaw 26 4.4 Subdivision Application Referrals 26 4.5 Subdivision Decision Time Period 27 4.6 Subdivision Application Decisions 27 4.7 Approved Subdivision Endorsement Time Period 28 5.0 PROCEDURE FOR DEVELOPMENT 28 5.1 Development Not Requiring a Development Permit 29 5.2 Development Permit Applications 29 5.3 Development Permit Application Contents 30 5.4 Complete Applications 30 5.5 Incomplete Applications 30 5.6 Development Permit Application Referrals 30 5.7 Development Permit Decisions 31 5.8 Development Permits & Notices 33 5.9 Development Permit Extensions 33 5.10 Certificate of Compliance 34 6.0 REFERRALS & NOTIFICATIONS 34 6.1 Referrals & Notifications 36 7.0 DEVELOPMENT & SUBDIVISION APPEALS PROCESS 36 7.1 Appeal Authority 36 7.2 Procedure for Development Permit, Subdivision & Stop Order Appeals 36 7.3 Appeal Decision 36 7.4 Court of Appeal 37 8.0 LAND USE REGULATIONS 37 8.1 Accessory Buildings 38 8.2 Agri-Tourism 38 8.3 Animal Service Facility 38 8.4 Bed & Breakfast 39 8.5 Backyard Coop & Hens 40 8.6 Building Height Lac La Biche County- Land Use Bylaw II 40 8.7 Campgrounds 42 8.8 Personal Cannabis Cultivation 42 8.9 Cannabis ProductionFacilities 43 8.10 Cannabis Retail Store 43 8.11 Corner Lots & Fencing 45 8.12 Drive Through Businesses 45 8.13 Dwelling Units Per Parcel 46 8.14 Establishment, Restricted 46 8.15 Keeping of Animals 48 8.16 Hazard Lands 50 8.17 Home-Based Businesses 51 8.18 Multi-Use Buildings 51 8.19 Natural Resource Extraction/Processing 53 8.20 Recreational Vehicle Storage 53 8.21 Sea Cans 54 8.22 Secondary & Security Suites 54 8.23 Timber Harvesting 55 8.24 Work Camps 57 9.0 GENERALREGULATIONS 57 9.1 Environment 57 9.2 Stripping & Grading 59 9.3 Lighting 59 9.4 Parking & Loading 63 9.5 Landscaping 64 9.6 Non-Conforming Buildings & Uses 64 9.7 Variances 65 10.0 SIGNAGE 65 10.1 General Requirements for Signs 65 10.2 Exemption from Sign Provisions 66 10.3 Signage Requirements for Development Permits 67 10.4 Sign Types Lac La Biche County- Land Use iii 68 68 68 69 69 70 70 71 71 72 72 72 72 72 73 74 74 82 83 85 88 90 90 91 93 95 97 99 101 10.5 Awning & Canopy Signs 10.6 Billboard Signs 10.7 Digital Signs 10.8 Fascia Signs 10.9 Freestanding Signs 10.10 Inflatable Signs 10.11 Portable Signs 10.12 Projecting Signs 10.13 Roof Signs 11.0 ENFORCEMENT 11.1 Contravention 11.2 Cancellation, Suspension, or Modification 11.3 Entry to Property Regarding Land Use, Development & Subdivision Matters 11.4 Specified Penalties 11.5 Stop Order & Enforcement 12.0 LAND USE DISTRICTS 12.1 Establishment of Districts 12.2 Establishment of Boundaries 12.3 Agricultural District (AG) 12.4 Airport District (AIR) 12.5 Public Institutional District (PI) 12.6 Municipal Reserve District (MR) 12.7 Environmental Reserve District (ER) 12.8 Crown Land District (CL) 12.9 Resort Recreational District (RR) 12.10 Rural Residential District (RU) 12.11 Country Residential District (CR) 12.12 High Density Residential District (HDR) 12.13 Low Density Residential District (LDR) Lac La Biche County- Land Use Bylaw iv 103 106 108 110 112 115 118 121 122 125 127 130 132 12.14 Mobile Home Community District (MHC) 12.15 Highway Commercial District (HWC) 12.16 Central Commercial District (CC) 12.17 Neighbourhood Commercial District (NC) 12.18 Light Industrial District (LI) 12.19 General Industrial District (Gl) 12.20 Heavy Industrial District (HI) 12.21 Direct Control Council District (DCC) 12.22 Direct Control One District (DC1) 12.23 Direct Control Two District (DC2) 12.24 Direct Control Three District (DC3) 12.25 Direct Control Four District (DC4) APPENDIX A: LAND USE MAPS Lac La Biche County- Land Use Bylaw v 1 1.0 Enactment &Interpretation This section of the Land Use Bylaw (LUB) establishes the purpose and the effective date of the Bylaw, including transitional provisions for development proposals under the review process at the time the Bylaw comes into effect. This section also identifies the requirement for all development to comply with all other applicable legislation. This section contains information on how to interpret the Land Use Bylaw, including general rules of interpretation and definitions. 1.1 Title This Bylaw is entitled "Lac La Biche County Land Use Bylaw". 1.2 Authority This Bylaw is enacted pursuant to Section 640 of the Municipal Government Act, RSA 2000, c M-26 (The "Act"), as amended or replaced from time to time. 1.3 Purpose The purpose of this Bylaw is to regulate land use and development within Lac La Biche County to achieve orderly growth, and for those purposes to: a. Divide the County into Land Use Districts, b. Prescribe and regulate the use of land and/or buildings in each District, c. Define and establish roles of the Development Authority and Subdivision Authority, and d. Establish a method of making decisions on applications that fall within this Bylaw. 1.4 Severability Each provision of this Bylaw is independent of all other provisions, and if any provisions of this Bylaw are declared invalid by a decision of a court competent jurisdiction, all other provisions remain valid and enforceable. 1.5 Relationship to other Laws and Regulations Nothing in this Bylaw shall exempt any person from any obligation to comply with the requirements of any other municipal, regional, provincial, or federal law, bylaw, or regulation. This Bylaw does not exempt any person from respecting or abiding by any easements, covenants, agreements, and other contracts affecting the land or development. This Bylaw is consistent with: a. The Act. In cases of inconsistencies between this Bylaw and the Act, the Act will prevail. b. The Alberta Land Stewardship Act (ALSA), as amended or replaced from time to time, c. The Lac La Biche County Municipal Development Plan (MDP), as amended or replaced from time to time, as well as any other applicable statutory plans. The Bylaw shall be used in conjunction with policies and procedures as adopted and amended by Council including, but not limited to, the County's Economic Development Strategy, and any Master Plans as they pertain to transportation, water, sanitary and/or stormwater management infrastructure. 2 The Land Use Bylaw sets regulations and standards for development within the County. Below is the hierarchy of Statutory and Non-Statutory Plans that assist in regulating development: Municipal Government Act (Act) Alberta Land Stewardship Act(ALSA) Lower Athabasca Regional Plan(LARP) Intermunicipal Development Plan(IDP) Municipal Development Plan(MDP) Area Structure Plan (ASP) Outline Plan (OP)I Concept Plan Land Use Bylaw (LUB) General Municipal Servicing Standards(GMSS) 1.6 Effective Date & Transition The effective date of this Bylaw shall be the date of the third and final reading thereof by Council. Lac La Biche County Land Use Bylaw 17-004 and amendments thereto are hereby repealed. 1.7 Applications in Progress An application for a development permit, subdivision, or rezoning which is received in a complete form prior to the effective date of this Bylaw shall be processed and considered based on the regulations consistent with Bylaw 17- 004. All applications received on or after the effective date of this Bylaw shall be processed and considered upon the provisions of this Bylaw. 3 1.8 Conformity with the Bylaw No person shall commence any development within the County except in conformity with this Bylaw and any Development Permit issued pursuant to this Bylaw. 1.9 General Interpretation Compliance with the regulations in this Bylaw shall be interpreted and applied as follows: a. The word "SHALL", and "MUST" means the provision is mandatory, b. The word "SHOULD" is a directive term that provides direction to strive to achieve the outlined action but is not mandatory. When the regulation is directed to the developer, the onus is on the developer to justify why the desired action/result is not proposed and/or will not be achieved, c. The word "MAY" is a discretionary term, providing notification that the regulation in question can be enforced if the County chooses to do so, and is usually dependent on the circumstances, d. Words used in the present tense shall also mean the future tense, and e. Words used in the singular shall also mean the plural. Where a regulation involves two (2) or more conditions, provisions, or events connected by a conjunction, the following shall apply: a. "AND" means all the connected items shall apply in combination, b. "OR" indicates that the connected items may apply singly or in combination, and c. "EITHER/OR" indicates the items shall apply singly but not in combination. Notwithstanding any other provision of this Bylaw or any other Bylaws passed by Council, headings and titles within this Bylaw shall be deemed to form a part of the text of this Bylaw. This Bylaw is written in metric measurement and may be abbreviated in the following manner: a. Meters or m, b. Square meters or m2, c. Hectares or Ha, d. Centimeters or cm, or e. Millimeters or mm. Within this Bylaw, any reference made to imperial measurement is for convenience purposes only. In the case of any conflict between the text of this Bylaw and any maps or drawings used to illustrate any aspect of this Bylaw, the text of this Bylaw shall govern. 4 1.10 Definitions ABATTOIR: means the use of land and/or building in which animals are slaughtered and may include the packing, treating, storing, and sale of the product. ABOVE GRADE: means a building that is constructed with the main floor located higher than the average grade of the site. ABUTTING: means to have a common boundary, to border on. ACCESSORY BUILDING: means a detached building, with or without a permanent foundation, which is subordinate or incidental to the principal use or building located on the same site. Accessory buildings include, but are not limited to garages, sheds, quonset, personal greenhouses, etc. Accessory building does not include accessory structure. ACCESSORY STRUCTURE: means a detached structure which is subordinate or incidental to the principal use or building located on the same site. Accessory structures include, but are not limited to, flagpoles, grain bins, personal swimming pools or hot tubs, satellite dishes, play structures, utility covers, personal ground mounted solar collectors, etc. ACCESSORY USE: means a use customarily incidental and subordinate to the principal use or building and is located on the same parcel as the principal use or building. ACT: means the Municipal Government Act, RSA. 2000 c M-26, as amended. ADJACENT: means contiguous or would be contiguous if not for an easement, right-of-way, road, or natural feature. AGRICULTURAL SERVICE FACILITY: means a use which provides an agricultural service such as retail, servicing, repair, and/or agricultural implements and goods such as farm machinery dealers and grain elevators. AGRICULTURE, GENERAL: means the raising of crops or the rearing of livestock, either separately or in conjunction with one another and includes buildings and other structures allowed bythe regulations of the District, provided the use does not have an intensive impact on surrounding uses or districts. This use does not include a Cannabis Production Facility AGRICULTURE, INTENSIVE: means a use where plants or animals are intensively grown and processed for food or non- food use. Typical uses include greenhouses, nurseries, tree farms, market gardens, mushroom farming, vermiculture, vertical farming, and aquaculture. This use does not include a Cannabis Production Facility. AGRICULTURE, PROCESSING: means a use for storage and upgrading of agricultural products for distribution or sale through value added processes such as mixing, drying, canning, fermenting, applying temperature, chemical, biological or other treatments to plant matter, the cutting, smoking, aging, wrapping, and freezing of meat, or similar production methods. This use does not include Agriculture, Intensive or General or Cannabis Production Facility. AGRICULTURE, RESTRICTED: means a use where the intensity of agriculture operations has significant land or water demands and may include off-site impacts that are licenced under provincial or federal regulations. This use does not include Cannabis Production Facility. 5 AGRI-TOURISM: means a tourist-oriented activity, event, service, and/or facility that is part of an agricultural operation that promotes education and experience of the products grown, raised, and/or processed. Typical uses include a corn maze, petting zoo, ranch accommodations, caring for livestock, informational center related to agricultural activities, mini golf, u-pick fruit and vegetable farms, and playground activities. AIRCRAFT HANGAR: means a covered and usually enclosed area for housing and repairing of an aircraft. AIRCRAFT SALES/RENTALS: means development used for the sale, charter, or rental of aircraft together with incidental maintenance services, the sale of parts and/or accessories. AIRPORT: means: a. Any area of land or water, including frozen surfaces thereof or, other supporting surface used or intended to be used either in whole or in part for the arrival and departure or servicing of aircraft or helicopters, and b. Includes any building,installation, or equipment in connection therewith, and for which an airport licence has been issued by Transport Canada. AIRPORT & AVIATION SUPPORT SERVICES: means a use or building, intended for the provision of general support services for aircraft, aviation, and the airport. This includes, but is not limited to, maintenance, storage, warehousing, and distribution facilities. AIRPORT FUELING & PROVISIONING SERVICES: means facilities, improvements, and mechanisms used for regular inspection, repair, maintenance, loading, unloading, fueling, tie-down, and oversight of an aircraft. AIRPORT MAINTENANCE & OPERATIONS: means sites and facilities used for the maintenance and operations of airport facilities. This includes offices related to these functions as an accessory use. ANIMAL GROOMING:means a service or facility for the grooming and care of animals, but does not include provisions for their overnight accommodation, kennels, outdoor pens, runs or enclosures. ANIMAL SERVICE FACILITY: means a development for the purposes of boarding, breeding, or training of domestic pets, and may include the sale of associated products. This may include impound, quarantine, and animal shelter facilities but does not include veterinary services. APPEAL BOARDS: means the Subdivision and Development Appeal Board (SDAB), or the Land and Property Rights Tribunal (LPRT), as the case requires. APPLICANT: means a person who is lawfully entitled to make, and makes, an application for any document, approval, permit or other thing that may be issued, made, or done under the authority of this Bylaw. APPROVING AUTHORITY: means the authority authorized to exercise approving powers and duties on behalf of the municipality in accordance with this Bylaw and the Act. AT GRADE: means the ground elevation established for the purpose of determining the number of stories and the height of a building or structure. At grade, or grade, shall be determined by averaging the finished level of the ground adjacent to the foundation of the building. AUCTION FACILITY: means a development used for the auctioning and temporary storage of goods, livestock, motor vehicles, and/or equipment. AUTOMOTIVE DEALERSHIP: means a development where new or used automobiles, trucks, motorcycles, snowmobiles, tent trailers, boats, travel trailers, and/or similar recreational vehicles or craft are sold and/or rented, together with incidental maintenance services and sale of parts. Accessory uses may include Retail Store, General for products relating to an Automotive Dealership. 6 AUTOMOTIVE SERVICES & EQUIPMENT: means the sale, servicing, mechanical repair, rental, and/or storage of automobiles, light trucks, utility and recreation vehicles, all-terrain vehicles, bobcats, mini excavators, motorcycles, snowmobiles, and similar vehicles, and/or the sale, installation, servicing, rental, and/or storage of related accessories and parts. This includes transmission shops, muffler shops, tire shops, body shops, and automotive glass and upholstery shops. Accessory uses may include Establishment, Eating & Drinking, Retail Store, Convenience, and/or Retail Store, General for products relating to automotive services and equipment. AUTO WRECKING: means a development used for the storingjunking, dismantling, wrecking, and/or crushing of three (3) or more motor vehicles, not in running condition, or parts of them, and may include the sale of parts of such vehicles. BACKYARD COOP: means a fully enclosed weatherproof structure and attached outdoor enclosure used for the keeping of Backyard Hens. BACKYARD HENS: mean domesticated female chickens that are always maintained within a Coop. For the purposes of this Bylaw, Livestock does not include Backyard Hens. BALCONY: means a projecting elevated platform on a building, which is enclosed by a railing or parapet and is greater than 0.6 m (1.9 ft.) above grade and width. Access is from the building only. BASEMENT: means the floor of a building which is partly or entirely below ground level and has no more than 1.8 m (5.9 ft.) of its clear height above grade and lies below the finished level of the floor directly above. A basement does not constitute a story for the purpose of this Bylaw. BED & BREAKFAST: means a secondary commercial use of the existing bedrooms within a single detached dwelling which provides temporary sleeping accommodation for tourists with or without meals for renumeration. For the purpose of this Bylaw, this does not mean Hotel/Motel. BEEKEEPING: means the activity of housing bees to produce honey and/or pollination of agricultural crops, in accordance with the Bee Act, as amended. For the purpose of this Bylaw, Beekeeping does not mean tending to Livestock or Agriculture, General. BORROW PIT: means an excavated area from which soil and unconsolidated materials (excluding sand and gravel), are removed for use without further processing or handling, as fill for activities such as landscaping, building construction, levees, highway construction, and/or maintenance, either on or off-site. BREWERIES: means a facility licenced by Alberta Gaming, Liquor & Cannabis (AGLC) where beer, spirits, and other alcoholic beverages are manufactured that may have a private hospitality area where products made on the premises are provided to private groups for tasting and consumption as a special event and are sold to the public for consumption on the premises and that may include the retail sale of products. Typical uses include breweries, distilleries, wineries, and meaderies. BUFFER: means a row of trees, shrubs, fencing or strip of land intended to provide visual, physical separation and/or noise attenuation. BUILDING: as defined in Part 17 of the Act. 7 BUILDING HEIGHT: means the vertical distance between the highest building grade to the peak of the roof. BULK FUEL & CHEMICAL STORAGE: means a development specifically designed for the storage of refined or crude oil, fuel, as well as liquid or solid chemicals. It encompasses the storage of dangerous or hazardous substances, as defined by the Dangerous Goods Transportation and Handling Act and the Major Industrial Accidents Council of Canada (MI-ACC). This development may incorporate facilities for activities such as cleaning, blending, and packaging dangerous or hazardous substances for redistribution or sale. However, it should be noted that the manufacturing of these products is not included in this definition. BYLAW: means the Lac La Biche County Land Use Bylaw. CAMPGROUND: means a use where recreational vehicles, cabins, motor homes, tents, campers, and similar vehicles, are used for recreation, and is not normally used as year-round storage or accommodation for residential uses. CANNABIS PRODUCTION FACILITY: means a development, as licenced by Health Canada, where cannabis is grown, harvested, processed, tested, destroyed, and/or stored on site, but does not include Retail Store, Cannabis. CANTILEVER: means the projection of habitable or livable space outside the foundation, and it is typically floor to ceiling space. Cantilevers include any floor space that a person can enter, such as closets, cantilevered room space, and bay windows that create usable floor space. livable space CARE FACILITY, CHILD: means the use of a building or portion thereof for the provision of care, instruction, maintenance, or supervision of school-aged children - for periods not exceeding twenty-four (24) consecutive hours. Typical uses include all day-care centers, early childhood services, day homes, nurseries and after-school or baby¬ sitting programs. CARE FACILITY, CLINIC: means development used for the provision of physical and mental health services on an out¬ patient basis. Services may be of a preventative, diagnostic, treatment, therapeutic, rehabilitative, or counseling nature. Typical uses include medical and dental offices, health care clinics, prenatal clinics, and counseling services. CARE FACILITY, GROUP: means a use where individuals who are either disabled, seniors, or in need of supervision reside on a temporary or long-term basis, in accordance with their individual needs. Typical uses include boarding homes for children, group homes, seniors' homes, family homes and long-term care facilities. 8 CARE FACILITY, MEDICAL: means a development providing room, board, surgical or other medical treatment for the sick, injured, or infirm including out-patient services and accessory staff residences. Typical facilities would include hospitals, sanitariums, convalescent homes, psychiatric hospitals, auxiliary hospitals, and detoxification centers. CARPORT: means a structure not fully enclosed which is designed to accommodate a motor vehicle that consists of a roof supported on posts or columns building on a lot. These structures shall adhere to the setbacks of the building that it is attached to. Carport CEMETERY: means the development of a parcel of land primarily as landscaped open space for the entombment of the deceased, and may include accessory developments such as crematories, columbaria, and mausoleums. Typical uses include memorial parks, burial grounds, gardens of remembrance, and pet cemeteries. CLUSTERED FARM DWELLINGS: means one (1) or more dwelling units located on farmland where the dwellings shall be occupied by a person or person(s) in agriculture. This shall also include any religious buildings, school buildings, buildings for agricultural operation, and any building aiding in the day-to-day operation of the site. COMMERCIAL FACILITY: means a facility which may be used by private/public groups for religious, cultural, or community activities. It includes establishments such as museums, churches, libraries, YMCA, public and private clubs, conference centers, and community halls. These facilities may have compatible accessory facilities. 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. Communication Towers may be federally regulated by Innovation, Science and Economic Development Canada (ISED). COMMUNITY GARDEN: means a garden plot, or multiple garden plots, collectively gardened by a group of community participants. COMPLIANCE CERTIFICATE: means a document which states that the building locations on a parcel, as shown on a Real Property Report prepared by a registered Alberta Land Surveyor, comply or do not comply with the setback requirements specified in this Bylaw. CONDOMINIUM UNIT:means: a. 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, walls, and ceilings within the building, and b. In the case other than that of a building, otherwise known as a bareland condominium,land that is situated within a lot is described as a unit in a condominium plan by reference to boundaries governed by monuments placed pursuant to the provisions of the Surveys Act respecting subdivision surveys. CONFINED FEEDING OPERATION: as defined in the Agricultural Operation Practices Act. CONSERVATION RESERVE: as defined in the Act. CONTRACTOR SERVICES: means development used for the provision of building construction, landscaping, concrete, electrical, excavation, drilling, heating, plumbing, paving, road construction, sewer, and/or similar services of a construction nature which require onsite storage space for materials, construction equipment or vehicles normally associated with general contracted services. Contractor Services may include some light manufacturing activities located within an enclosed building. 9 CONTROL TOWER: means a tall building at an airport from which the movements of air and runway traffic are controlled. CORNER LOT: means a lot having frontage on two (2) or more rights-of-way, excluding interior and double front lots. In the case of a bareland condominium, a unit as described in the Condominium Property Act, R.S.A. 2000, c. C-22, as amended, having two (2) contiguous property lines abutting common property used as road access. For the purposes of this definition, a road shall not include an alley or lane. COUNCIL: means the Council of Lac La Biche County. COUNTY: means Lac La Biche County. CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED): means a multi-disciplinary approach of crime prevention that uses urban and architectural design and the management of built and natural environments. CPTED strategies aim to reduce victimization, deter offender decisions that precede criminal acts, and build a sense of community among inhabitants so they can gain territorial control of areas, reduce crime, and minimize fear ofcrime. CRISIS MANAGEMENT FACILITY: means a development endorsed by the County which is required for temporary and unexpected situations involving the public protection of persons and/or property from injury, harm,or damage together with the incidental storage of equipment and vehicles, which is necessary for the provision of emergency services. DECK: means a covered or uncovered amenity structure more than 0.6 m (1.9 ft.) in height that may or may not be attached to a dwelling. A deck shall adhere to the setbacks of the principal structure. All covered/enclosed decks shall be included in the calculation of site coverage. DENSITY: means the number of dwelling units on a site expressed in units per square meters. DESIGNATED OFFICERS: as defined in the Act. DEVELOPMENT: as defined in the Act. DEVELOPMENT AGREEMENT: means a legal contract between the County and a developer, detailing the obligations of both parties and specifying standards and conditions that will govern development of the property. DEVELOPMENT AUTHORITY: as defined in the Act and as established by the Land Use Bylaw. DEVELOPMENT PERMIT: as defined in the Act. DISTRICT: means a Land Use District. DUGOUT: means a human-caused excavation or reservoir constructed to collect and retain water for private household, agricultural or other domestic purposes. A dugout is not a waterbody. 10 DWELLING: means a building or portion of a building consisting of one or more rooms operated or intended to be operated as a permanent residence for a household, containing cooking, sleeping and sanitary facilities only for that unit. DWELLING, DUPLEX/SEMI: means a dwelling containing two (2) dwelling units having the dwelling area of one located above the dwelling area of the other each with a private entry or a dwelling containing not more than two (2) dwelling units sharing a common wall, which may be subdivided along the common wall. DWELLING, MOBILE HOME: means a prefabricated or factory built residential building, also referred to as a manufactured home, consisting of one (1) or two (2) sections that is constructed on a chassis, may or may not be equipped with wheels, is designed to be moved from one place to another, provides self-contained year-round residential accommodation, is complete and ready for occupancy when placed on the lot except for incidental connection to utilities, and is built to the CSA Z240 standard. Does not include any form of relocatable industrial camp building. DWELLING, MULTI-UNIT: means a dwelling with three (3) or more dwelling units. This use includes condominium style housing types such as townhouses, stacked-townhouses, four-plexes or apartments. DWELLING, SINGLE DETACHED: means a dwelling which is normally constructed on-site. However, a single detached dwelling may be constructed in pieces offsite, or even in one piece, with the piece(s) being transported to the site for assembly on-site, and thus may be a modular dwelling, but shall not mean Dwelling, Mobile Home. EASEMENT: means a right to use land generally for access to other property or as a right-of-way for a public utility. ENFORCEMENT OFFICER: means any sworn member of the Royal Canadian Mounted Police, a Peace Officer appointed under the Peace Officer Act, SA 2006, c P-3.5 and amendments thereto and employed by the County or a Bylaw Enforcement Officer. ENVIRONMENTAL RESERVE: as defined in the Act. ENVIRONMENTAL RESERVE EASEMENT: as defined in the Act. ENVIRONMENTALLY SIGNIFICANT AREAS: means areas which: a. Perform vital environmental, ecological, or hydrological function such as aquifer recharge, b. Contain unique geological or physiographic features, c. Contain significant, rare, or endangered species, d. Are unique habitats with limited representation in the region or a small remnant of once large habitats which have virtually disappeared, e. Contain plants, animals or landforms which are unusual or of regional, provincial, or national significance, and/or f. Provide information linking function and permit the movement of wildlife over considerable distance. EQUESTRIAN CENTER: means facilities (buildings, shelters, or other structures) at which horses are exercised or trained, training in equestrian skills or competitions or other similar events are held. ESTABLISHMENT, EATING & DRINKING: means an establishment where food and/or beverages are prepared and served on the premises for sale to the public. It may be licenced by the Alberta Gaming, Liquor, and Cannabis Commission, in which alcoholic beverages are served for a fee for consumption on the premises, and any preparation or serving of food is accessory thereto and includes a licenced lounge that is ancillary to a restaurant. Typical uses include restaurants, cafes, delicatessens, tea rooms, lunchrooms, take-out restaurants, pubs, bars, lounges, nightclubs, and catering services. ESTABLISHMENT, ENTERTAINMENT: means a use where live performances or motion pictures are shown. Typical uses include auditorium, cinemas, bingo halls and theatres, but does not include Establishment, Restricted. ESTABLISHMENT, RESTRICTED: means a use where potentially controversial goods and services are offered or sold to the public. Typical uses include adult source stores, casinos, and exotic dance clubs. 11 FARM: means an 'Agricultural Operation' as defined in the Agricultural Operation Practices Act. FARM BUILDING: means an accessory agriculture building exclusively used for the housing of livestock, the storage of farm machinery, the storage of farm produce or the storage of feed for livestock. FARMERS MARKET: means a market which has a primary use of selling goods produced in farming operations, and operates on a regular but temporary occurrence, and can include use of a building, structure or lot for the purpose of selling any or all produce and crafts and may include retail stores and restaurants. FENCE: means a vertical physical barrier constructed to prevent visual intrusion, sound abatement or unauthorized access. FILL: means the import and placement of natural uncontaminated earth or aggregate materials (e.g" clay, silt, sand, gravel) on a parcel for the purposes of altering/modifying grades, drainage, or building up a site for a proposed building or development but does not include the import and placement of dry-waste, hydro vac material or land fill waste materials, and does not include the placing of topsoil. FIRST PARCEL OUT: means a single residential or agricultural parcel created from a previously un-subdivided quarter section or river or settlement lot. FIXED BASE OPERATOR: means a commercial business granted the right to operate at the airport and provide aeronautical services such as fueling, hangar rental space, tie-downs and parking, aircraft rental, aircraft maintenance, and/or flight instruction, etc. FLOOD FRINGE: means the portion of the flood hazard area outside of the floodway, as determined by the Province of Alberta. Water in the flood fringe is generally shallower and flows slower than in the floodway. FLOOD HAZARD AREA: means the area of land bordering a watercourse or waterbody that would be affected by a design flood and includes the flood fringe, floodway, and may include areas of overland flow, as determined by the Province of Alberta. FLOODWAY: means the portion of the flood hazard area where flows are deepest, fastest, and most destructive, as determined by the Province of Alberta. The floodway typically includes the main channel of a watercourse and a portion of the adjacent overbank area. FLOOR AREA: means the total sum of all floors of the building or structure, contained within the outside surface exterior, including basements where buildings are separated by a firewall. It does not include attached garages, decks, patios, open porches, carports, or walkways. FOUNDATION: means the lower portion of a building, usually concrete, masonry or preserved wood and includes footings that transfer the weight of, and loads on, a building to the ground. FRAGMENTED PARCEL: means a parcel of land that is separated from the balance of the quarter section or river lot by a watercourse, railway, or road right-of-way. FUNERAL SERVICES: means development used for the preparation and keeping of the deceased for burial, and the purification and reduction of the human body by heat. Typical uses include funeral homes, crematoriums, mausoleums, cineraria, and columbaria. GARAGE: means an accessory building fully enclosed on all sides which is attached to the principal building designed and used primarily for the storage of motor vehicles, shall adhere to the same setbacks of the principal building. GENERAL MUNICIPAL SERVICING STANDARDS (GMSS): means the County's General Municipal Servicing Standards which includes specific guidelines to assist the County and developer in the design, preparation, and submission of plans and specifications for construction of municipal improvements, and systems (roads, water distribution systems, low-pressure/gravity sewer systems, stormwater management facilities) that will meet the servicing requirements for commercial, industrial, and residential subdivision development within the County. GOLF COURSE: means an outdoor development designed primarily for the game of golf. Accessory uses may include a pro shop, driving range, and/or practice facility, food service, and other commercial uses typically associated with a golf course clubhouse facility. 12 GOVERNMENT SERVICE: means a use where municipal, provincial, or federal government serves the public or the community at large, and includes development required for the public protection of persons or property. Typical facilities would include police stations, fire stations, courthouses, post offices, municipal offices, social service offices, employment offices, and airport terminals. GRADE: means the elevation of the finished ground surface, not including any artificial embankment, the elevation of an entrance to underground parking, stairways or window wells. GRADE, AVERAGE: means the average elevation of the finished ground surface, around all sides of a building or structure, measured where the building or structure meets the ground surface. Average finished grade is the average of the final ground surface after development. GUN RANGE: means a specialized practice range for target practice, located within an enclosed building or outside area, including targets for rifle or handgun practice. HAMLET: means unincorporated community as defined by the Act. HARD SURFACE: means a durable, dust-free material capable of withstanding expected vehicle loads. Typical materials include concrete or asphalt. HEAVY EQUIPMENT SALES, SERVICE, STORAGE & RENTALS: means a development used for the retail sales or rental of new or used heavy equipment and trucks with/without maintenance services. It may include bulldozers, excavators, tractors, and other similar vehicles. HOME-BASED BUSINESS, MAJOR: means the use of a portion of the principal dwelling, its accessory buildings and site, or combination thereof, by permanent residents of the dwelling to conduct a business activity or occupation and may include non-resident employees. HOME-BASED BUSINESS, MINOR: means the use of a portion of the principal dwelling by only the permanent residents of the dwelling to conduct a business activity, which has limited traffic to the site. HOME OFFICE: means a use, accessory to a principal dwelling on a parcel, which is used to operate a business by the resident(s) of the dwelling, which is entirely contained within the dwelling and has no external impacts. A home office does not include business associated visits to the site, outside storage, signage, or any employees except the resident and the resident's family who permanently reside in the dwelling. HOTEL/MOTEL: means a building used primarily for sleeping accommodations and ancillary services provided in rooms or suites of rooms, which may contain bar/kitchen facilities, the building may also contain commercial or other uses and may or may not offer such additional services as events facilities, restaurant or dining room services, or public convention facilities. For the purposes of this Bylaw, this does not include a Bed & Breakfast. INDUSTRIAL, GENERAL: means the use of land, buildings, and/or structures for an industrial activity that creates some adverse impacts beyond the boundaries of the site for which the associated activity takes place due to appearance, emission of contaminants, noise, traffic volume, odour, fire, explosive hazards, or dangerous goods. INDUSTRIAL, HEAVY: means the use of land, buildings and/or structures for an industrial activity that creates significant adverse impacts beyond the boundaries of the site for which the associated activity takes place due to appearance, emission of contaminants, noise, odour, traffic volume, fire, explosive hazards, or dangerous goods. INDUSTRIAL, LIGHT: means the use of land, buildings, and/or structures for an industrial activity that creates no adverse impacts beyond the boundaries of the site for which the associated activity takes place due to appearance, emission of contaminants, noise, traffic volume, odour, and fire. The activities and uses are conducted within an enclosed building. LAND AND PROPERTY RIGHTS TRIBUNAL (LPRT): means the board established under the Province of Alberta's Land and Property Rights Tribunal Act , as amended. LANDSCAPING: means to change or modify the natural features of a site to make it more attractive by adding lawns, trees, shrubs, ornamental plantings, fencing, walkways or other structures, and materials. 13 LANE: means a narrow public thoroughfare which provides a secondary means of access to a parcel, to give access to the rear of buildings and parcels of land. Commonly referred to as an alley. LIVESTOCK: as defined in the Agricultural Operation Practices Act. LOADING SPACE: means an off-street space on the same parcel as a building or a group of buildings for the temporary parking of a commercial vehicle to unload commodities for a business on that parcel. LOT: as defined in the Act. LOT COVERAGE: means the percentage (%) of lot area covered by buildings and structures 0.6 m (2.0 ft.) above finished grade including any covered projections. For calculating lot coverage, the footprint does not include uncovered swimming pools or uncovered porches, patios (decks less than 0.6 m (2.0 ft.) above finished grade), driveways, or accessory buildings less than 10.0 m2 (107.6 ft.2). LOT LINE: means any boundary of a lot or parcel. LOT LINE, FRONT: means the property line of a lot that abuts a Provincial Highway or public road other than a lane. In the case of a corner lot, the front lot line shall be the shorter of the two property lines abutting the Provincial Highway or public road, other than a lane.In the case of a corner lot, formed by a curved corner, the front lot line shall be the shorter of the two segments of the property line lying between the point determined to be the actual corner and the two (2) points at the extremities of that property line. LOT LINE, REAR: means the lot line opposite to, and most distant from, the front lot line. For the purpose of this definition, if two side lot lines join at a point, that point shall be deemed as a rear lot line. LOT LINE, SIDE: means a lot line other than a front or rear lot line and shall include an exterior lot line or an interior lot line. MARINA: means a development which provides a sheltered area where boats are kept in the water and services for the needs of recreational boating purposes. This may include re-fueling, washing, and repair stations. METEOROLOGICAL INSTALLATIONS: means an observation post where weather conditions and meteorological data are observed and recorded. MOBILE HOME PARK: means a parcel of land under one title, or distinctive titles under a bare land condominium plan of subdivision, which has been divided into dwelling sites. MOBILE/PERSONAL SERVICE: means a business which provides a service to customers at a temporary location site which is not fixed in place. Typical uses include food trucks, mobile animal grooming trucks, mobile landscaping services or other mobile type services. MODULAR/MANUFACTURED HOME DISPLAY & SALES: means a development for the sale, advertisement, and/or construction of dwelling units. MULTI-USE BUILDING: means a building used partly for residential use and partly for commercial use. Residential use should be located above commercial uses. 14 MULTI-USE DEVELOPMENT: means a parcel of land, a building or structures developed for two (2) or more different uses that may include uses such as residential, office, manufacturing, retail, public or entertainment. MUNICIPAL DEVELOPMENT PLAN (MDP): as defined in the Act. MUNICIPAL PLANNING COMMISSION (MPC): as defined in the County's MPC Bylaw. MUNICIPAL RESERVE: as defined in the Act. MUNICIPAL SCHOOL RESERVE: as defined in the Act. NATURAL RESOURCE EXTRACTION/PROCESSING: means a use where raw materials are removed,extracted, or processed. Typical resources and raw materials would include oil and gas, aggregate, mineral, peat, sand, silt, gravel, shale, clay, marl, limestone, gypsum or other minerals, and coal. Typical facilities or uses would include gravel pits (and associated crushing operations), asphalt processing, sand pits, clay or marl pits, peat extraction, stripping of topsoil, and oil and gas processing plants or refineries. NAVIGATIONAL INSTALLATIONS: means any installation or building used to provide navigational services to aircraft or for airport related activities. NON-CONFORMING BUILDING/USE: as defined in the Act. OBSTACLE LIMITATION SURFACE AREA (OLS): means the limits to which objects may project into the airspace around the airport. The OLS limits are identified in the Lac La Biche Airport Master Plan and the Lac La Biche Airport Area Structure Plan. OFFICE: means a building or portion of a building which provides administrative support to the principal use and is considered accessory to the principal use of that building or portion of building. OWNER: means a person entitled to any freehold or other estate or interest in land, at law or in equity. The owner of a parcel within the County shall be the person(s) identified on the Certificate of Title. PARCEL: as defined in the Act. PARCEL AREA: means the total area of a lot. PARCEL COVERAGE: means the combined area of all buildings or structures on a parcel, measured at the approved grades, including all porches and verandas, enclosed terraces, steps, cornices, eaves, and similar projections and all other space within an enclosed building. PARCEL FRONTAGE: means the length of a street boundary measured along the front lot line of a parcel. PARCEL, THROUGH: means any property other than a corner lot having access on two (2) abutting public roadways. PARCEL, WIDTH: means the horizontal length of the front lot line. PARK: means a use where land is developed for passive recreational use by the public which does not require dedicated facilities beyond supporting accessory buildings or structures and landscaping. Typical uses include play spaces, walkways, trails, nature interpretation areas, picnic areas, and similar uses. PARK MODEL: means a recreational vehicle built on a single chassis mounted on wheels which may be removed. The unit is designed to facilitate occasional relocation, with living quarters for temporary residence or seasonal use and must be connected to those utilities necessary for the operation of installed fixtures and appliances. This type of recreation vehicle has a width greater than 2.6 m (8.5 ft.) transit mode. Park model recreational units require a special tow vehicle and a special permit to move on the road. They conform to the CSA Z241 standard for park model recreational Units or another similar CSA standard to be approved by the Development Authority at its sole discretion. The maximum size of a park model recreational vehicle is 50.0 m2 (538.2 ft2). PARKING FACILITY: means a use for the storage and/or 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 STALL: means an area available for parking one (1) motor vehicle. 15 PARTY WALL: means a wall or dividing partition between two (2) abutting dwelling units erected at, or upon, a lot line such that each dwelling unit is capable of being separate legal parcels subdivided under the Act. PATIO: means a hard surfaced brick, concrete, or wood outdoor area flush with or resting at grade. PERSONAL CANNABIS CULTIVATION: means cannabis plants being cultivated for personal use to a maximum of four (4) plants per principal dwelling in accordance with the Government of Alberta's requirements of the Gaming, Liquor, and Cannabis Actand the Government of Canada's Cannabis Act. PERSONAL SERVICE: means a development used to provide services related to the care and appearance of an individual, including the cleaning and repair of clothing, but does not include Care Facility, Clinic or Medical. Typical uses are dry cleaner, hair salon, tanning salon, spas, tattooing, laundromat, tailor, dressmaker, shoe repair, and facilities used to provide pedicures, manicures, massages, and electrolysis. PRINCIPAL BUILDING OR USE: means a building or use, which in the opinion of the Development Authority occupies or constitutes the major or the central portion of a site or is the foremost or the main one among the buildings on the site or constitutes by reason of its use the primary purpose for which the site is used. PROFESSIONAL SERVICE: means a development used to provide professional services, but does not include Government Service or Care Facility, Clinic or Medical. Typical uses are offices providing accounting, architectural, employment, engineering, insurance, investment, legal, real estate, secretarial, travel agent services, printing, duplicating, binding or photographic processing, office maintenance services, security services, sales or rental of business equipment, service and repairs to office equipment, and advertising. PROVINCIAL HIGHWAY: means a numbered public road and/or right-of-way (ROW), the maintenance, administration,and regulation of which is the responsibility of the Government of Alberta. PUBLIC USE: means a building, structure, or space used for public services by the County, or any local board or agency of the County, or by any department, commission or agency of the Province of Alberta or the Government of Canada. Public Use does not include a Waste Transfer Site. RAILROAD YARD: means a facility used to store and maintain railroad related equipment and products and usually includes buildings related to the operation of a railroad. REAL PROPERTY REPORT: means a document that clearly illustrates permanent above ground structures and registered easements in relation to lot lines. The document consists of a plan showing the physical improvements with a written report outlining the details of the property and signed by a registered Alberta Land Surveyor. RECREATION, OUTDOOR: means a use where outdoor recreation occurs. Typical uses include outdoor skating rinks, lawn bowling greens, tennis courts, swimming and wading pools, water spray parks, rodeo grounds, go-cart tracks, miniature golf, athletic fields, and theme parks. RECREATION, PRIVATE: means a use where sports or recreation, privately owned, occurs within an enclosed building. Typical uses include private clubs or lodges, health or fitness clubs, or private recreation facilities such as bowling alleys, arcades, or racquet courts. RECREATION, PUBLIC: means a use where sports or recreation, which is open to the public, occurs within an enclosed building. Typical uses include recreation centers, community halls, public swimming pools, curling rinks and arenas, but does not include Government Service. RECREATIONAL VEHICLE: often abbreviated as RV means a motor vehicle, trailer or camper designed as temporary living quarters for recreational, camping, travel, or seasonal use. Recreational vehicles may be motorized or towable. RECYCLING FACILITY: means a facility or operation that receives, processes, and transfers source-separated recyclable materials. RELIGIOUS ASSEMBLY: means a development owned by a religious organization used for worship and related religious, philanthropic, or social activities and includes accessory rectories, meeting rooms, classrooms, dormitories, and other buildings. Typical facilities would include churches, chapels, mosques, temples, synagogues, parish halls, convents, and monasteries. 16 RENEWABLE ENERGY SYSTEM: means any system, device or structure that is used to collect natural energy sources, such as the sun or geothermal sources to generate thermal, electrical, or mechanical energy to use as an alternative to fossil fuels and other non-renewable resources. Typical uses include solar collectors and geothermal energy systems. Renewable Energy System does not include a Wind Farm. RESERVE LAND: as defined in the Act. RESORT ACCOMMODATIONS: means a building or group of buildings containing rooms or units, which are primarily used for the temporary lodging of visitors and shall not be used as primary residences. RETAIL STORE, CANNABIS: means a development, authorized by provincial and federal legislation, and licenced by the Province of Alberta, where non-medical cannabis and cannabis accessories are sold to individuals who attend at the premises. RETAIL STORE, CONVENIENCE: means a development for the retail sales of a variety of small goods required on a day-to-day basis by people living or working near the store. For the purposes of this Bylaw, this does not include a Retail Store, Cannabis. RETAIL STORE, GENERAL: means a development used for the retail sale of a wide range of consumer goods. Typical uses include grocery stores, plumbing and hardware stores, clothing stores, shoe stores, sporting goods stores, furniture stores, appliance stores, jewelry stores, liquor stores, second-hand stores, or pharmacies, but does not include a Retail Store, Cannabis. RIGHT-OF-WAY: means an area of land required to accommodate a utility alignment or a public road and includes: - a statutory road allowance, - a utility corridor or public road created by a dedication, - a utility corridor or public road created by a subdivision plan or survey plan, or - a public road created by easement or other similar agreement allowing public traffic. RIPARIAN SETBACK AREA: means the lands adjacent to naturally occurring watercourses, which the County has deemed necessary to protect by limiting certain forms of development within this area. The purpose and intent of the riparian protection area is to conserve and manage riparian lands. The riparian protection area is based on the Province of Alberta's "Stepping Back from the Water Guidelines: A Beneficial Management Practices Guide for New Development near Water Bodies in Alberta's Settled Region" as amended. ROAD, EXTERNAL: means a public road, which is not an internal subdivision, hamlet road or a provincial highway. ROAD, INTERNAL: means a public road, the primary function of which is to provide access to individual lots within a multi-lot subdivision, or hamlet. With the exception of mobile home parks and bareland condominium developments, in which case the internal roads are privately owned and maintained. ROAD, PUBLIC: means the road and/or right-of-way (ROW) for a road, street, or lane that is registered at land titles and is used or intended to be used to accommodate vehicle traffic. SALVAGE YARD: means any land or building used for the collection, demolition, dismantlement, storage, salvage, recycling, or sale of waste materials including scrap metal, vehicles, machinery, and other discarded materials. SCHOOL: means a publicly or privately supported development used for education and includes administrative offices. Typical uses include an elementary or secondary school but do not include commercial schools. SCHOOL, COMMERCIAL: means a development where training and instruction in a specific trade, skill or service is provided for the financial gain of the individual or company owning the school. Commercial schools do not include schools operated by a School Division, but include secretarial, business, hairdressing, beauty, culture, dancing, or music schools. SCHOOL, POST SECONDARY: means a type of school that specializes in the education level that follows grade twelve (12). Colleges, Universities, and Institutes are the three types of post-secondary schools which offer diplomas, certifications, or academic degrees. Uses also include on-site student housing. SCREENING: means a fence or hedge used to visually separate areas or functions. SEA CAN: means a standardized reusable steel shipping container used for the safe, efficient, and secure storage and movement of materials and products. 17 SECONDARY SUITE, ACCESSORY: means a self-contained dwelling unit that is detached from the principal dwelling unit located on the same property. SECONDARY SUITE, PRINCIPAL: means a self-contained dwelling unit, located within the principal dwelling unit. This can be located on any floor within the home, such as the basement, main floor, or upper floor. SECURITY SUITE: means a dwelling that is secondary or accessory to the principle commercial,industrial, or recreational use on the same property and is used for the purpose of providing living accommodation for the individual who is primarily responsible for the maintenance and security of the principle use on that property. SERVICE STATION: means development used for the servicing, washing, and repairing of vehicles, and the sale of gasoline, other petroleum products, and a limited range of vehicle parts and accessories. This use may include a car wash and may also include an eating & drinking establishment and/or a convenience retail store but does not include automotive or equipment services. SETBACK: means the distance that a development, or a specified portion of it, must be set back from a front, rear, or side lot line or lease boundary as measured from the foundation. A setback is not a yard. SHELTER BELT: means a row or rows of plantings made of trees and/or shrubs that are positioned in such a manner as to provide shelter from the wind, snow, and to protect soil from erosion. SIGN: means a display board, screen, structure, or material having characters, letters or illustration applied thereto, or displayed thereon, in any manner, not inside a building, and includes the posting or painting of an advertisement or notice on a building, structure or lot. Signs may include digital display boards (electronic message boards). SOLAR FACILITY: see Renewable Energy System. SPECIAL EVENT: means any event or activity, whether indoors or outdoors, which is held at any place within the County and to which members of the public are invited or admitted, whether an admission fee is charged, but shall not include family gatherings, community-sponsored events such as Christmas parties, breakfasts, or other similar social functions. STORAGE, INDOOR: means a self-contained building or group of buildings available for the storage of goods. This use includes mini storage or private storage facilities. For the purposes of this Bylaw, this does not include 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 or sale, may be located outside permanent buildings or structures on the site. This use includes lumber storage. STREET: means any public road, including the boulevards, sidewalks and improvements, but excluding a lane, bridge or walkway, or a private condominium roadway. STRIPPING AND GRADING: means any work, operation or activity that results in a disturbance of the earth including the removal of topsoil, construction of stormwater ponds, borrow pits, berms, excavating, trenching, backfilling, filling, recontouring, and/or grading other than for building purposes. Stripping and grading does not include Natural Resource Extraction/Processing, timber harvesting, tree clearing, private ornamental ponds, or dugouts utilized for agricultural uses. 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, open air surfaced areas, and moveable vehicles. SUBDIVISION: means the division of a parcel of land into one or more smaller parcels by a plan of subdivision or another instrument. SUBDIVISION AND DEVELOPMENT APPEAL BOARD (SDAB): means the board appointed by Council in accordance with the Act. SUBDIVISION AUTHORITY: means the person or persons delegated the authority to exercise subdivision powers and duties on behalf of the County pursuant to the Act. SUBDIVISION AUTHORITY OFFICER: means the person or persons appointed by resolution of Council to fill the office of Subdivision Authority Officer. 18 TEMPORARY: means only for a limited period and not permanent. TENTATIVE PLAN OF SUBDIVISION: means the plan designed for the purpose of subdividing land. The tentative plan of subdivision depicts roads right-of-way, reserve lots, public utility lots, and private lots that will be created should the plan receive approval by the municipality and be endorsed with Land Titles. Minor components of a tentative plan of subdivision can be modified or adjusted prior to registration based on record drawings and documentation in accordance with the County's Subdivision Authority Bylaw. TERMINAL BUILDING: means a building at a station or airport that is used by passengers leaving or arriving by train, bus, or aircraft. TIMBER HARVESTING: means a forestry operation involving the cutting and harvesting of timber, to be removed from the parcel and transported off-site. For the purpose of further processing of wood products, and related timber/wood treatment. TOE OF SLOPE: means the transition line between the slope where the grades exceed 15% and the adjacent lowland area where the grade is less than 15%. The Toe of Slope is determined by a qualified professional. Toe of Slope TOP OF BANK: means the line where the surrounding tableland is broken by a valley slope and forms the escarpment as determined by a qualified professional. Top of Bank TOPSOIL: means the uncontaminated uppermost layer of soil. UNDERLYING SOIL: means the layer of soil underneath the topsoil. The typology of which is determined by a qualified professional. USE: means the purpose for which land, building or structure, or any combination thereof, is designated, arranged, erected, intended, occupied, or maintained. UTILITIES: means a system used to provide services such as potable water, natural gas, sewage disposal, waste management or storm systems, as well as the buildings that house the public utility, and any equipment. 19 VARIANCE: means an alteration or change to a standard prescribed by this Bylaw that is authorized by the Development Authority or applicable appeal board. VETERINARIAN SERVICE, MAJOR: means a use for the care, treatment, or impoundment of animals both considered as domestic pets or farm animals. This would include pet clinics, animal veterinary clinics and veterinary offices with or without outdoor pens, runs, and enclosures. VETERINARIAN SERVICE, MINOR: means a development such as a hospital or shelter used for the temporary or over¬ night accommodation, care, treatment, or impoundment of animals considered as domestic pets, but not farm animals. Typical uses include pet clinics, animal veterinary clinics and veterinary offices without outdoor pens, runs or enclosures. WAREHOUSE: means the indoor storage of equipment, goods, motor vehicles, recreational vehicles, materials, or products as part of a commercial or industrial development. WASTE TRANSFER SITE: means the use of land or a facility for the collection of waste, household hazardous waste, and compost into bulk containers for sorting and preparation for further transport to a waste management facility or compost facility. This includes landfill operations. WATERBODY: means any location where water flows, is standing or is present, whether the flow or the presence of water is continuous, intermittent or occurs only during a flood, and includes but is not limited to wetlands and aquifers but does not include part of irrigation works if the irrigation works are subject to a licence and the irrigation works are owned by the licencee, except in the circumstances prescribed in the Province of Alberta's Water Act as amended or replaced from time to time. WATERCOURSE: means a naturally occurring flowing body of water including but not limited to a river,creek, or stream, whether it conveys water continuously or intermittently. WIND FARM: means an area of land with a commercial-scale group of energy-producing windmills or wind turbines. Ancillary structures may include equipment shelters. WORK CAMP: means the development of one or more buildings clustered in such a fashion as to provide sleeping, eating, recreation, office space and security and intended to accommodate workers for the duration of a construction project or similar activity. WORK CAMP, CLOSED: means a work camp that is established to service the needs of individuals tied/employed to a business that has been approved on the same site. WORK CAMP, OPEN:means a work camp that is established to operate independently from a particular construction project and has sleeping units available for common rental. YARD: means a part of a lot that lies between any building and the nearest lot line. Includes the setback requirements specific to the respective district. YARD, FRONT: means a yard extending across the full width of a lot and situated between the front lot line separating a lot from a street, road or other public or private right-of-way, and nearest exterior wall of the principal building. 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. YARD, SIDE: means a 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. YARD, SIDE EXTERIOR: means a yard abutting a public road that extends from the front lot line at the front yard to the rear yard and is situated between the side lot line and the nearest exterior wall of the principal building. 20 YARD, SIDE INTERIOR: means a side yard other than an exterior side yard. Building Building W STREET Rear Yard Rear Yard 111u Front Yard Front Yard 21 2.0 Approving Authorities 2.1 General 2.1.1 This section outlines the nature and roles of the approving authorities, and their responsibilities. The approving authorities within Lac La Biche County shall be: a. The Development Authority, b. The Subdivision Authority Officer, c. The Subdivision Authority, d. The Municipal Planning Commission, e. Council, and/or, f. The Appeal Boards. 2.1.2 The Development Authority is established by the Development Authority Bylaw, as amended. 2.1.3 The Subdivision Authority is established by the Subdivision Authority Bylaw, as amended. 22 Development Officer 2.2.1 The office of the Development Officer is hereby established, and such the office shall be filled by a person or persons to be appointed by resolution of Council, and who is authorized to act as a Development Authority. 2.2.2 Pursuant to the Act, the Development Officer is the Development Authority for the purpose of this Bylaw. 2.2.3 The powers, duties and functions of the Development Officer shall be those described in this Bylaw. The Development Officer(s): a. Shall receive and consider applications for a Development Permit, b. Shall keep and maintain, for inspection of the public during office hours, a copy of this Bylaw and all amendments and resolutions thereto, c. Shall keep a register of all Development Permit applications, including the decisions thereon and the reasons therefore, as per the retention policies of Lac La Biche County, d. Shall make decisions on all Development Permit applications for permitted uses, and state terms and conditions, as authorized by this Bylaw or the Act. e. Shall refuse a development permit for a use that is not listed as a permitted use or discretionary use in the district in which the proposed development is located, f. Shall refer all development applications in a Direct Control District to Council, unless otherwise directed by Council, g. Shall be the Development Authority for all purposes of the Act and this Bylaw except where responsibility is given to the Municipal Planning Commission as per the County's MPC Bylaw, h. Shall collect fees in accordance with the Planning and Development Schedule of Fees and Fines Bylaw, as amended, i. May refer any development application to the Municipal Planning Commission and may refer any other planning or development matter to the Municipal Planning Commission for its review and decision, 22 j. Refer a Development Permit application, in whole or in part, to any outside agency or local authority they deem necessary for comment, k. Provide a written Time Extension Agreement, in alignment with the Bylaw, I. Review a request for variance and render a decision on the application of development up to 75% as outlined in subsection 9.7 of this Bylaw. 23 Subdivision Authority Officer 2.3.1 The office of the Subdivision Authority Officer is hereby established, and such the office shall be filled by a person or persons to be appointed by resolution of Council, and who is authorized to act as a Subdivision Authority Officer. 2.3.2 Pursuant to the Act, the office of Subdivision Authority Officer is established by this Bylaw. 2.3.3 The Subdivision Authority Officer shall receive and process all subdivision applications; keep a register of all subdivision applications, decisions, and reasons; refer all subdivision applications to the Subdivision Authority for decision; draft and issue the decision in writing; and perform any other related administrative tasks. 2.4 Subdivision Authority 2.4.1 The office of Subdivision Authority is established by this Bylaw. 2.4.2 The Municipal Planning Commission shall serve as the Subdivision Authority for the County, as established in the Municipal Planning Commission Bylaw, as amended. 2.4.3 The Subdivision Authority shall exercise subdivision powers and duties on behalf of the County in accordance with the Act and the Land Use Bylaw, except where the responsibility has been given to the Subdivision Authority Officer. 25 Municipal Planning Commission 2.5.1 The Municipal Planning Commission (MPC), as established by the Municipal Planning Commission Bylaw, as amended, shall: a. Approve an application subject to conditions, b. Refuse an application citing reasons for the refusal, c. Defer or extend the timeline for decision to allow for further information to be provided and to be used to aid in a decision of approval or refusal of an application, or 2.4.1 The Municipal Planning Commission is authorized to act as the Development Authority and as the Subdivision Authority on behalf of the County. 2.6 Council 2.6.1 Council shall perform such duties as specified in this Bylaw and in the Act. 2.6.2 Council shall serve as the Development Authority for all development contained in a Direct Control District. Notwithstanding, Council may, at its discretion and in accordance with the requirements of the Act, delegate its responsibilities to the Municipal Planning Commission, or Development Officer. 2.7 Appeal Boards 2.7.1 The Land and Property Rights Tribunal (LRPT) hears subdivision and development appeals where there is a provincial interest, as outlined in the Act. Otherwise, appeals are heard by the Subdivision and Development Appeal Board (SDAB). 2.7.2 The Subdivision and Development Appeal Board (SDAB), is established by the Subdivision and Development Appeal Board Bylaw, as amended,and must hear all appeals as provided for in the Act. 23 3.0 Amendment to the Land UseBylaw 3.1 Amendment Procedure 3.1.1 All amendments to this Bylaw shall be made by Council by Bylaw and in accordance with Section 692 of the Act. All amendments to this Bylaw will require a public hearing. 3.1.2 Council may, at any time, initiate an amendment to this Bylaw affecting any parcel of land, in accordance with the Act. 3.1.3 Any person may apply to amend this Bylaw by submitting an application to the Development Authority in writing, with the required supporting documentation, and by paying the appropriate fee. 3.1.4 If the proposed amendment to this Bylaw is contradictory to an adopted Statutory Plan(s) or planning document, the Development Authority shall advise the applicant that an amendment must be made to the Statutory Plan(s) or planning document prior to, or concurrently with, the amendment to this Bylaw. 32 Amendment Application 3.2.1 All applications for amendments shall be made to the County on the prescribed form and accompanied by: a. All applicable fees as prescribed in the Planning and Development Schedule of Fees and Fines Bylaw, as amended, b. An authorization signed by all landowner(s) and if applicable, an agent authorized by the landowner(s) to prepare and submit the application, c. Current Certificate of Title dated within thirty (30) days prior to the application date, d. A copy of any restrictive covenant(s) or caveat(s) registered on the Certificate of Title, e. A properly dimensioned map of an appropriate scale indicating the parcel of land(s) proposed to have their District amended, f. Any other information as established by this Bylaw, and g. Any other information or documents deemed necessary by the Development Authority. This may include technical studies, a community engagement plan, or the development of an Area Structure Plan. 3.2.2 An application for a text amendment to this Bylaw shall also include the following: a. The exact content of the proposed text amendment, b. The appropriate fee as prescribed in the Planning and Development Schedule of Fees and Fines Bylaw, as amended, and c. Any other information or documents deemed necessary by the Development Authority. This may include technical studies or a community engagement plan. 3.2.3 All amendment applications shall be advertised in accordance with the Act, upon receipt of a complete application for amendment to this Bylaw. 24 33 Amendment Decisions 3.3.1 Council will consider the following criteria when assessing applications to amend this Bylaw a. The Alignment with the MDP and any other applicable Statutory Plan(s), b. The reasons for amendment, c. The potential impact on the community, d. The potential impact on municipal infrastructure, e. The potential impact on the environment, and f. The potential impact on the municipality's capital, operating, and maintenance budgets. 3.3.2 After considering the amendment application, and the criteria contained in subsection 3.3.1, representations at the Public Hearing, applicable and relevant Statutory Plan(s), recommendations from Administration, and any other matter it considers appropriate, Council may: a. Approve the proposed amendment as it is, b. Revise the proposed amendment and then approve it, c. Refer the proposed amendment back to Administration for further review and/or changes, and reschedule the amendment application for further consideration, or d. Refuse the proposed amendment as it is. 3.3.3 If Council refuses an amendment application for this Bylaw, another application for the same, or substantially the same amendment shall not be considered within six (6) months of the date of the refusal. 3.4 Direct Control Bylaws & Resolutions 3.4.1 Notwithstanding Section 1.6 of this Bylaw, Direct Control Districts existing prior to the coming into force of this Bylaw shall remain in place, as denoted in Apendix A: Land Use Maps. 25 4.0 Procedure for Subdivision 4.1 Subdivision Applications 4.1.1 All subdivision applications shall include: a. A complete subdivision application form signed by all owner(s) and if applicable, an agent authorized by the owner(s) to prepare and submit the application, b. Permission for reasonable right-of-entry by County staff for site inspection, c. Current Certificate of Title dated within thirty (30) days prior to the application date, d. A copy of any restrictive covenant(s) or caveat(s) registered on the Certificate of Title, e. A tentative plan showing the proposed subdivision in detail, and f. All applicable fees as prescribed in the Planning and Development Schedule of Fees and Fines Bylaw, as amended. 4.1.2 All subdivision applications shall include a tentative plan indicating the location, dimensions, and boundaries of the following, if applicable: a. Location of proposed/existing access to lots and remnant land, b. Municipal and environmental reserves, c. Easements and utility rights-of-way, d. Roads and road rights-of-way, e. Any wetlands, watercourses, and/or waterbodies, f. Land uses, g. Water and wastewater servicing, h. Stormwater management, and i. Location of buildings and their support infrastructure (e.g., proposed/existing water wells and private sewage systems, oil,and gas facilities, etc.). 4.1.3 The County may require the following additional information to be submitted with the subdivision application,if applicable: a. Topographic map, b. Hydrogeological report prepared by a qualified professional, c. Geotechnical report prepared by a qualified professional, d. Stormwater management plan prepared by a qualified professional, e. 1:100-year flood plain map, f. A conceptual scheme, g. An Area Structure Plan, h. Land appraisal report prepared by a qualified professional, and i. Any other information or technical reports that the County deems necessary. 26 42 Complete Subdivision Applications 4.2.1 The Subdivision Authority Officer shall receive all subdivision applications and determine within twenty (20) days after the receipt of the application whether the application is complete in accordance with the information requirements of this Bylaw. If additional information is required, the Subdivision Authority Officer may agree to an extended timeline for completion of the application to obtain the necessary information from the applicant. 4.2.2 The Subdivision Authority Officer shall inform the applicant by electronic or standard mail, within twenty (20) days after the receipt of a subdivision application that the application is considered complete. 4.2.3 If the Subdivision Authority Officer does not render a decision on the completeness of the application within twenty (20) days, and an extended timeline has not been agreed upon between the applicant and the Subdivision Authority Officer, the subdivision application shall be deemed complete. 43 Incomplete Subdivision Applications 4.3.1 If an application is determined to be incomplete, the Subdivision Authority Officer shall inform the applicant by electronic or standard mail outlining the outstanding documents and information to be submitted within a specified timeframe in order for the application to be considered complete. 4.3.2 If the applicant refuses to submit all information within the specified timeline in subsection 4.3.1, the application will be refused. 4.3.3 After the outstanding documents and information are submitted and reviewed to determine if the application is complete, the Subdivision Authority Officer shall inform the applicant by electronic or standard mail confirming the application is complete. 4.3.4 If a subdivision application is deemed incomplete because the applicant fails to provide the information within the agreed timeline, the application shall be refused with reasons by the Subdivision Authority Officer unless the applicant had previously expressed, in writing, to have the subdivision application withdrawn or has agreed to an extension in writing. 4.4 Subdivision Application Referrals 4.4.1 The Subdivision Authority Officer shall refer all subdivision applications to the applicable mandatory referral agencies as outlined in subsection 6.1.1 of this Bylaw. 4.4.2 After twenty-one (21) days from the date of referral to authorities, agencies, or landowners, the Subdivision Authority must make a decision on the subdivision application, whether comments have been received or not. 45 Subdivision Decision Time Period 4.5.1 If the Subdivision Authority fails to make a decision on a subdivision application within sixty (60) days of the date on which the application was accepted, the applicant may, within fourteen (14) days after the sixty (60)-day period has expired: a. Enter into an agreement with the Subdivision Authority Officer to extend the period beyond sixty (60) days, or b. Treat the application as "deemed refused" and file an appeal. 4.5.2 If the subdivision application is refused, the Subdivision Authority Officer shall not accept an application for subdivision from the applicant in respect to the same lands for six (6) months following the decision. 27 4.6 Subdivision Application Decisions 4.6.1 The Municipal Planning Commission as the Subdivision Authority must consider and render decisions on all subdivision applications. 4.6.2 The Municipal Planning Commission shall assess subdivision applications based on Section 654 of the Act and the regulations in this Bylaw. 4.6.3 In their decision, the Municipal Planning Commission may: a. Approve the application, with or without conditions, b. Refuse the application, or c. May request additional information from Administration, the Subdivision Authority Officer,and/or the applicant to help render a decision on the application, provided that the Subdivision Authority does so in accordance with the timelines in the Act. 4.7 Approved Subdivision Endorsement Time Period 4.7.1 The plan of subdivision or instrument must be submitted to the Subdivision Authority Officer for endorsement within one year of the subdivision's approval date otherwise, the subdivision approval is void, in accordance with Section 657 of the Act. 4.7.2 The plan of subdivision or instrument must also be submitted to the Land Titles Office for registration within one (1) year from the time of endorsement or by the time prescribed by Council beyond one (1) year, otherwise, the subdivision approval of the plan or instrument and the endorsement is void, in accordance with Section 657 of the Act. 4.7.3 Time extensions for subdivision approvals are subject to the application and approval process outlined in Section 657 of the Act and the County's Subdivision Extension Bylaw and Policy, as amended. 4.7.4 To request a subdivision approval time extension, the owner(s) or agent authorized by the owner(s) shall submit a completed request for subdivision extension approval application form with the applicable fees. 28 5.0 Procedure for Development 5.1 Development Not Requiring a Development Permit 5.1.1 A Development Permit is not required for the following developments, provided that the proposed development otherwise complies with this Bylaw: a. The carrying out of maintenance or repair to any building, provided that such works do not include structural alterations or change the intensity or use of the building, b. Construction of a single storey accessory building or structures less than 10.0 m2 (107.6 ft2) in area, c. Community Gardens, as defined in this Bylaw, d. Construction of an uncovered deck with a height less than 0.6 m (1.9 ft.) above finished grade, or the replacement of a deck using the existing footprint, e. Retaining wall under 1.0 m (3.2 ft.) or less in height, f. Any development or improvements related to the construction of a public utility, g. Beekeeping as defined in this Bylaw, h. The hard surfacing of any area that is part of a development for which a Development Permit has been issued, for the purpose of providing vehicle or pedestrian access or parking, i. Landscaping which does not affect grading or drainage of the subject or adjacent properties, except where landscaping forms part of a development that requires a Development Permit, j. Stripping, site grading, and excavating that is required for a development for which a Development Permit has been issued, k. Development of a public park by the municipal, provincial, or federal governments, I. The erection or placement of any construction building where the sole purpose of which is incidental to the erection or alteration of a building, for which a Development Permit has been issued under this Bylaw, on the same parcel of land. Construction buildings must be removed within three (3) months of completion of construction, m. Mobile/personal service as defined in this Bylaw, n. The use of a building, or part thereof, as any official temporary use in connection with a municipal, provincial, or federal election, referendum, or census, o. The establishment of a temporary commercial establishment for the temporary/transient hawking of food products (fruit, vegetables, meat, or fish), Christmas trees, flowers, or other miscellaneous items, p. The erection of a tower, pole, flagpole, or amateur radio antenna of less than 6.0 m (19.6 ft.) in height, q. The erection of an above grade hot tub or temporary swimming pool, r. Construction offences, screening fences, gates, or other means of enclosure with a maximum height of 2.4 m (7.8 ft.) or less in all Districts except for Residential Districts, shall not require a Development Permit, except for corner lots. All corner lots shall adhere to subsection 8.11 of this Bylaw, s. Construction offences, screening fences, gates, or other means of enclosure with a maximum height of 1.2 m (4.0 ft.) or less in the front yard setback, and a maximum height of 2.0 m (6.5 ft.) or less for the side and rear lot lines within all Residential Districts shall not require a Development Permit, except for corner lots. All corner lots shall adhere to subsection 8.11 of this Bylaw, t. Communication tower that requires federal approval. In these cases, the applicant shall submit documentation to the County that all requirements respecting public consultation have been met, 29 u. The completion, alteration, maintenance or repair of a street, lane, or utility, undertaken upon a public thoroughfare or utility easement or undertaken to connect the same with any lawful use of building or land, v. Demolition or removal of any building or structure, w. The installation, maintenance, and repair of public works, services, and utilities carried out by or on behalf of municipal, provincial and federal governments on land, which is publicly owned or controlled, x. A farm building of low human occupancy as defined in the National Building Code - 2023 Alberta Edition, as amended, y. Fencing within the Agricultural (AG) District, z. Agricultural, General, as defined in this Bylaw, within the Agricultural (AG) District, aa. Tree clearing for creation of agricultural fields, this does not include Timber Harvesting as defined in this Bylaw, bb. Fabricated structures that are designed to shelter passenger vehicles from the elements and erected for special events, cc. Construction of private driveways within property boundaries, dd. Personal cannabis cultivation as defined in this Bylaw, ee. Recreational vehicle storage that adheres to the policies of subsection 8.20 of this Bylaw, ff. Home Office as defined in this Bylaw, gg. Crisis Management Facility endorsed by the County which is required for temporary and unexpected situations involving the public protection of persons and/or property from injury, harm, or damage, and hh. Installation of a Renewable Energy System, including Solar Facility, and Wind Farms,provided provincial regulatory approvals have been obtained,including all applicable Safety Codes Act permits. 52 Development Permit Applications 5.2.1 In addition to meeting the requirements of this Bylaw, it is the responsibility of the applicant to ensure and obtain all approvals, permits, and/or authorizations from any and all agencies, departments, and authorities that may be required. 5.2.2 Development Permit applications shall be completed and submitted in writing or electronically to the Development Authority for any proposed development. 53 Development Permit Application Contents 5.3.1 All Development Permit applications shall include: a. A complete Development Permit application form with the signature of the owner(s) and, if applicable, an agent authorized by the owner(s) to prepare and submit the application, b. Current Certificate of Title dated within thirty (30) days prior to the application date, c. A site plan showing the proposed development in detail, d. All applicable fees as prescribed in the Planning and Development Schedule of Fees and Fines Bylaw, as amended, and e. Any other technical documents or information the Development Authority deems necessary. 5.3.2 All Development Permit applications should include a site plan indicating the following information, if applicable: a. North arrow and scale, b. Front, rear, and side yard setbacks, c. Locations of all proposed/existing buildings and other infrastructure, 30 d. Any wetlands, watercourses, and/or waterbodies, e. Roads and road rights-of way, f. Municipal and environmental reserves, g. Easements and utility rights-of-way, h. Proposed/existing access and/or driveway location, and i. Any other information the Development Authority deems necessary. 5.4 Complete Applications 5.4.1 The Development Authority shall receive all applications and determine within twenty (20) days after the receipt of the application whether the application is complete in accordance with the information requirements of this Bylaw. 5.4.2 If the Development Authority does not render a decision on the completeness of the application within twenty (20) days, and an extended timeline has not been agreed upon in writing between the applicant and the Development Authority, the application shall be deemed complete. 5.4.3 The Development Authority shall inform the applicant by electronic or standard mail, that the application is considered complete. 55 Incomplete Applications 5.5.1 A Development Permit application shall not be considered complete until the requirements in Section 5.3 have been met to the satisfaction of the Development Authority. 5.5.2 If an application is determined to be incomplete, the Development Authority shall inform the applicant by electronic or standard mail outlining the outstanding documents and information to be submitted within a specified timeframe in order for the application to be considered a complete application. 5.5.3 If the applicant refuses to submit all information within the specified timeline, the application will be refused. 5.5.4 After the outstanding documents and information are submitted and reviewed to determine if the application is complete, the Development Authority shall inform the applicant by electronic or standard mail confirming the application is complete. 5.5.5 If an application is deemed incomplete because the applicant fails to provide the information within the agreed timeline, the application shall be refused with reasons by the Development Authority unless the applicant had previously expressed, in writing, to have the application withdrawn or has agreed to an extension in writing. 5.6 Development Permit Application Referrals 5.6.1 The Development Authority will refer a Development Permit application to the applicable referral agencies as required by the Act or the Matters Related to Subdivision and Development Regulation. 5.7 Development Permit Decisions 5.7.1 The Development Authority shall review each Development Permit application and determine its compliance with this Bylaw. When a Development Permit application includes a variance request or a discretionary use the Development Authority shall assess the application as outlined based on whether 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 parcels of land, and c. The proposed development conforms with the use prescribed for that land or building in the Land Use Bylaw. 31 512 The Development Authority shall make a decision on a Development Permit application within forty (40) days of when the application has been deemed complete in accordance with the Act. If the Development Authority does not make a decision within forty (40) days, the Development Permit application is deemed refused, unless an extension has been agreed to in writing by both the applicant and the Development Authority. 5.7.3 When making the decision on a Development Permit application, the Development Authority may: a. Approve the application with or without conditions, having regard to whether the use is permitted or discretionary, b. Approve the Development Permit application indefinitely, c. Approve the Development Permit application temporarily, or d. Refuse the application. 5.7.4 If the Development Authority refuses a Development Permit application, the decision shall contain reasons for the refusal. 5.7.5 If the Development Permit application is refused, the Development Authority shall not accept an application for Development from the applicant in respect of the same proposed intention and located on the same lands for at least six (6) months following the decision, unless the proposal complies with all requirements of this Bylaw. 5.7.6 Where a proposed development involves the subdivision of land, no Development Permit application shall be accepted until the subdivision has been registered with Alberta Land Titles. 5.7.7 A time limited Development Permit that is temporary in nature will have a maximum time period which does not exceed one (1) year that it is allowed to operate as a condition of that particular application. The Development Permit may be reapplied for and reviewed by the Development Authority. 5.8 Development Permits & Notices 5.8.1 The Development Authority may impose such conditions on development permits for permitted and discretionary uses as, in their opinion, are necessary: a. To uphold the intent and objectives of any statutory plan as well as the regulations within an applicable land use district or for the particular use; or in the case of development permits for discretionary uses: b. To ensure the orderly development of land including but not limited to; i. Landscaping requirements; ii. Noise abatement; iii. The location, appearance and character of buildings; iv. Compatibility with surrounding land uses. 5.8.2 As a condition of a Development Permit, including for a variance, the Development Authority may require that the applicant enters into a Development Agreement in accordance with County policy. 5.8.3 In the absence of an agreement, the Development Authority may require as a condition of approval that a refundable security be provided to ensure: a. Completion of the development in accordance with the conditions of the approval; and/or b. To cover the cost of repairing local improvements which may be damaged during the process of development. 5.8.4 The Development Authority may only consider an application for a proposed development if there is a provision for physical and legal access to the parcel included with the application for the development. 32 5.8.5 The location and design of an access for a proposed development must be in accordance with County policies and standards and must be to the satisfaction of the development authority. 5.8.6 Where a site abuts two roads, either existing or proposed, access to the site must be by the road of lesser traffic volume, unless otherwise approved by the Development Authority. 5.8.7 A notice of the decision made by the Development Authority for a Development Permit application shall be provided in accordance with the following: Development Permit Application Form of Notice Permitted uses that comply with this Bylaw or may be made to do so by approval conditions; or Extension of an existing permit Notice of the decision and Development Permit issued to the applicant through standard or electronic mail. Permitted uses approved with variances Notice of the decision sent to the applicant through standard or electronic mail, Adjacent landowners are notified in writing of the decision, Twenty-one (21) day appeal period, and Development Permit issued if no appeals received. Discretionary Uses Notice of the decision sent to the applicant through standard or electronic mail, Adjacent landowners are notified in writing of the decision, Twenty-one (21) day appeal period, and Development Permit issued if no appeals received. Refused Applications Notice sent to the applicant through standard or electronic mail, outlining reason(s) for the refusal. Incomplete applications which are therefore deemed refused Notice of the decision sent to the applicant through standard or electronic mail, outlining reason(s) for the refusal and/or the missing or incomplete information. 5.8.8 A copy of the Development Authority's decision shall be sent to any authority, agency or person consulted in accordance with this Bylaw. 5.8.9 Applicants shall have twelve (12) months to start the development indicated on their approved Development Permit and two (2) years to complete the development indicated on their approved Development Permit, from the date the Development Permit was issued. Failure to meet these timelines will result in the Development Permit being void unless the Development Authority grants an extension. 33 5.9 Development Permit Extensions 5.9.1 A Development Permit for a use which remains compatible with adjacent land uses, and which continues to conform to this Bylaw may be extended, in six (6)-month increments, up to a maximum of two (2) years from the original expiry date. 5.9.2 The request shall be submitted in writing to the Development Authority, prior to the permit expiry date. 5.9.3 Should the work not commence upon the final approved extension, a new Development Permit will need to be applied for. 5.10 Certificate of Compliance 5.10.1 The owner or a person with legal or equitable interest in a property may apply for a Compliance Certificate or a statement respecting compliance for a property. A Compliance Certificate request shall be made to the Development Authority in writing, and shall include: a. A completed Compliance Certificate request form signed by the applicant, b. A copy of the current Certificate of Title, no more than thirty (30) days prior to the date of application or a letter of authorization from the owner, c. An original Real Property Report bearing an original signature and produced by an accredited Alberta Land Surveyor, dated no earlier than one (1) year prior to the date of application showing all distances of buildings on the lot from property lines, including distances in between buildings, shown in meters. The County reserves the right to refuse an incomplete or illegible Real Property Report, and d. The applicable fee from the Planning and Development Schedule of Fees and Fines Bylaw, as amended. 5.10.2 Within thirty (30) days of receiving a request, the Development Authority may issue a Compliance Certificate if it is determined that all buildings on the property, as shown on the Real Property Report, are in compliance with this Bylaw and all Development Permits previously issued on the subject property. 5.10.3 Should an expedited Compliance Certificate request be submitted the Development Authority will make best efforts to provide a decision within two business days of receipt of such an application. 5.10.4 The County may issue a statement respecting compliance separate from the Real Property Report and based solely on the information contained within the County's records for the subject property. Such a statement will contain information and a statement that the development and/or use of the property in question may be in conformance with this Bylaw. 5.10.5 The Development Authority shall notify the owner, a person with legal or equitable interest, or the applicant if the subject property does not comply with this Bylaw, and the steps necessary to ensure compliance. 5.10.6 The Development Authority may refuse to issue a Compliance Certificate or statement respecting compliance when, in their opinion, there is insufficient information to determine if a building located on a lot is in accordance with this Bylaw or the requirements of any Development Permit which may have been issued for the lot. 34 6.0 Referrals & Notifications 6.1 Referrals & Notifications 6.1.1 Any approving authority indicated in this Bylaw, may refer any application in accordance with the following: Mandatory Referral Referral Description Adjacent Municipality Within 800.0 m (2,624.6 ft.) of an intermunicipal boundary: Applicable to all applications First Nations & Metis Settlements Within 5.0 km (3.1 mi) of a First Nation & Metis Settlement boundary: Applicable to all applications Alberta Transportation and Economic Corridors Within 300.0 m (984.2 ft.) beyond the limit of a provincial highway or 800.0 m (2,624.6 ft.) from the centerline of a provincial highway and public road intersection. Applicable to Development Permit Applications Within 1,600.0 m (5,249.3 ft.) (1.6 km) of a highway centerline: Applicable to Subdivision Applications, Area Structure Plans and Variances Applications within Hamlet Boundaries Within 60.0 m (196.8 ft.) of the application boundary: Applicable to applications that require referral Applications Outside Hamlet Boundaries Within 100.0 m (328.0 ft.) of the application boundary: Applicable to applications that require referral Natural Resource Extraction/ Processing Within 1000.0 m (3,280.8 ft.) of the application boundary: Applicable to applications that require referral Pipeline Operator Within 200.0 m (656.1 ft.) of a pipeline right of a way shall be referred to the pipeline company/operator: Applicable to all applications and rezonings Other Mandatory Referrals The County shall also refer all subdivision applications in accordance with the Matters Related to Subdivision and Development Regulation and the Act. 35 6.1.2 Given the nature and location of the application,and subject to the requirements of the Act or the Matters Related to Subdivision and Development Regulation, the approving Subdivision Authority or Development Authority at their discretion may also refer applications to the following agencies: a. The department responsible for regulating the oil and gas industry in Alberta, b. The department responsible for regulating the environment and parks in Alberta, c. The department(s) responsible for regulating critical wildlife, vegetation, and physical environments, d. The department responsible for regulating the health and protection of citizens in Alberta, and e. Any other agency the Development Authority deems appropriate. 6.1.3 Comments received during the referral process may inform the Subdivision or Development Authority's decision. 6.1.4 The applicant shall comply with the Lac La Biche County's Community Engagement Policy and Procedure, as amended, to meet any requirements of community engagement practices, respecting subdivision or development applications. 36 7.0 Development & Subdivision Appeals Process 7.1 Appeal Authority 7.1.1 In this Bylaw, the Appeal Authority is the Subdivision and Development Appeal Board (SDAB) as established by the Subdivision and Appeal Board Bylaw, as amended, or the Land and Property Rights Tribunal (LRPT), as determined by the Act. 7.2 Procedure for Development Permit, Subdivision & Stop Order Appeals Development Permit Appeals 7.2.1 A Development Permit may be appealed if a Development Authority: a. Fails or refuses to issue a Development Permit to an applicant, b. Issues a Development Permit subject to conditions, or c. Issues an Order under Section 645 of the Act. 7.2.2 In addition to the applicant, any person affected by an order or decision made or issued by the Development Authority may appeal to the Appeal Authority. 7.2.3 A Development Permit or Stop Order appeal shall be made by submitting a written Notice of Appeal, containing reasons for the appeal, to the Appeal Authority as specified in Section 686 of the Act. 7.2.4 No appeal may be made in respect of the issuance of a Development Permit for a permitted use unless the provisions of this Bylaw were relaxed, varied, or misinterpreted or the application for the Development Permit was deemed to be refused under subsection 5.7 of this Bylaw. 7.2.5 No appeal may be made in respect of a decision of Council of a Development Permit in a Direct Control District. Subdivision Appeals 7.2.6 The decision of the Subdivision Authority on an application for subdivision approval may be appealed: a. By the applicant, b. By any provincial department that required referral by the Matters Related to Subdivision and Development Regulation, or c. By a school board with respect to: i. The allocation of municipal reserve and school reserve or money in place of the reserve, ii. The location of the school reserve allocated to it, or iii. The amount of school reserve or money in place of the reserve. 7.2.7 A subdivision appeal shall be made by submitting a written Notice of Appeal, containing reasons for the appeal to the Appeal Authority as specified in Section 678 of the Act. 7.3 Appeal Decision 7.3.1 The Appeal Authority shall determine an appeal in accordance with the provisions of the Act. 7.4 Court of Appeal 7.4.1 A decision made by an Appeal Authority may be appealed to the Court of Appeal in accordance with Section 688 of the Act. 37 8.0 Land UseRegulations 8.1 Accessory Buildings 8.1.1 An Accessory Building/Structure cannot be located on or over an easement or utility right-of-way unless an approved written encroachment agreement is in place. 8.1.2 An Accessory Building must be a standalone unit and cannot be attached or connected to any other building. 8.1.3 Accessory Buildings shall not exceed 12% of the lot coverage in all Land Use Districts. 8.1.4 Any Accessory Building must meet Alberta Building Code, Fire Code & Standards, and Safety Code regulations. 8.1.5 An Accessory Building shall not be used as a dwelling unit, unless approved as a Secondary Suite, Accessory or Secondary Suite, Security and adheres to section 8.22. 8.1.6 The principal building must be constructed prior to any Accessory Building development within a designated hamlet, does not apply to any land use district outside of a designated hamlet. 8.1.7 Where an Accessory Building is attached to a principal building it is considered a garage. Where an Accessory Building is attached to a principal building by a roof, an open or enclosed structure above grade, except carports where vehicular access to the rear yard is not obstructed, it is to be considered part of the principal building and shall adhere to the setback requirements for the principal building(s) in the applicable Land Use District. 8.1.8 An Accessory Building shall: a. Be located a minimum of 2.0 m (6.5 ft.) from the principal building, b. Not be located within a front yard setback, c. Be located a minimum of 1.0 m (3.2 ft.) from a rear or an internal side property line, d. Be located a minimum of 2.0 m (6.5 ft.) from an external side property line or lane, and e. Be developed in a manner that achieves architectural compatibility with the principal building on the lot. 8.1.9 The maximum height of Accessory Buildings shall be in accordance with the following regulations: Land Use District Maximum Height Within a designated Hamlet on lots under 0.4 ha (1.0 ac) 4.6 m (15.0 ft.) Within a designated Hamlet on lots 0.4 (1.0 ac) and greater, and on lots in the CR, RU Districts 6.5 m (21.3 ft.) DC1 District (Elinor Lake Resort) 4.9 m (16.0 ft.) DC3 District (Pine Lane) 6.0 m (19.6 ft.) AG District No maximum height restriction All Other Districts Not to exceed the height of the principal building 38 82 Agri-Tourism 8.2.1 An Agri-Tourism development should: a. Minimize its impacts on natural areas, open space, and agricultural operations, b. Use appropriate setbacks and clustered placement of non-agricultural uses and structures, and c. Incorporate non-agricultural uses and uses related to agriculture which caters to tourism activities in a manner which will not detract from its essential rural and open character. 8.2.2 The Development Authority may require any or all of the following with an Agri-Tourism Development Permit application or as conditions of approval: a. Operations outline or plan, including number of attendees, peak site visits, hours and season of operation, signage, and servicing, b. Traffic Impact Assessment, c. Emergency response plan, d. Site plan, e. Noise impact assessment, f. Community engagement plan, and/or g. Any other information required by the Development Authority. 83 Animal Service Facility 8.3.1 An Animal Service Facility shall not be permitted within or adjacent to a multi-lot residential subdivision or closer than 400.0 m (1,312.3 ft.) from the boundary of a multi-lot residential subdivision. 8.3.2 All facilities or exterior exercise areas used to accommodate animals shall be set back a minimum of 10.0 m (32.8 ft.) from all lot lines. 8.3.3 All outdoor exercise areas shall be enclosed with a fence acceptable to the Development Authority with a minimum height of 1.8 m (5.9 ft.). 8.3.4 All accessory facilities, including buildings and exterior exercise areas, shall be sited to the rear of the principal building on the site. 8.3.5 All facilities must be screened from dwellings on abutting lots to the satisfaction of the Development Authority. 8.3.6 Animal Service Facilities shall comply with the County's Animal Control Bylaw, as amended. 8.3.7 The Development Authority may place a restriction on the number of dogs over six (6) months of age, based on location, proximity to neighbouring properties, size of parcel, and other factors deemed appropriate by the Development Authority. These restrictions may be applied to animal service facilities that existed prior to the passage of this Bylaw. 8.3.8 The Development Authority may apply conditions to regulate the hours the animals are allowed to be kept outdoors. These restrictions may be applied to animal service facilities that existed prior to the passage of this Bylaw. 8.4 Bed & Breakfast 8.4.1 A Bed & Breakfast development shall: a. Be operated by the live-in owners of the principal dwelling which the operation is an accessory use of the subject dwelling unit, b. Not be permitted in a principal dwelling which has an existing Home-Based Business, c. Be limited to the existing rooms within the dwelling unit, d. Not include kitchen facilities within the guest rooms, 39 - e. Provide meals only to registered guests, not to the public, and f. Ensure that the dwelling remains within the character of the area within which it is located and retains its own residential character. 85 Backyard Coop & Hens 8.5.1 The intent of Backyard Coops & Hens is for personal use only on residential zone parcels. This does not apply to any land that is zoned Agricultural District or use of Agriculture, General, as defined herein. Where a Backyard Coop is proposed, the use includes Backyard Hens. 8.5.2 The number of Backyard Hens is based on the size of the residential zoned parcel for which the Backyard Hens will reside: Within the Hamlet of Lac La Biche Four (4) Backyard Hens (maximum) No Variances *No Keeping of Young Hens, also known as pullets, shall not be younger than 16 weeks old. Within all other Hamlet Boundaries Six (6) Backyard Hens (maximum) No Variances 0.1 ha (0.2 ac) - 0.4 ha (1.0 ac) Six (6) Backyard Hens (maximum) 0.5 ha (1.1 ac)- 1.2 ha (3.0 ac) Twelve (12) Backyard Hens (maximum) 1.3 ha (3.1 ac) 2.0 ha (4.94 ac) Twenty (20) Backyard Hens (maximum) 2.0 ha (4.95 ac)+ Residential Districts shall adhere to Section 8.15 8.5.3 Backyard Hens General Requirements: a. Each Backyard Hen must be provided with food, water, shelter, light, ventilation, care, and opportunities for essential behaviors such as scratching, dustbathing, and roosting, all sufficient to maintain the hen in good health, b. The applicant must comply with all provincial regulations around the keeping of hens. The Province of Alberta requires all owners of poultry (including small urban flocks) to register their flocks into the provincial database and obtain a Premise Identification (PID) Number, c. Backyard Hens shall be secondary to the residential use of the parcel, d. Backyard Hens shall not be permitted to run at large and must be maintained within a coop or an enclosed run at all times, e. The keeping of roosters is prohibited, f. The sale of eggs, manure, meat, or other products derived from Backyard Hens is prohibited, g. The storage of feed must be kept in a fully enclosed airtight container, h. Manure that is intended for backyard composting or fertilizing shall be kept within a fully enclosed structure and no more than 0.08 m3 (2.8 ft3.) of manure may be stored at any time, i. Slaughtering or disposing of Backyard Hens on the property is prohibited within hamlets. 8.5.4 Backyard Coop General Requirements: a. The Backyard Coop must remain in good repair and sanitary condition, and free from vermin and noxious or offensive smells and substances, b. The Backyard Coop shall adhere to the same setbacks provided in section 8.1.9, Accessory Buildings. With a maximum height restriction of 3.0 m (9.8 ft.), c. Each Backyard Hen must be provided with a minimum interior floor area of 0.4 m3 (4.3 ft3) and a minimum enclosed exterior floor area of 0.9 m3 (9.6 ft3) within the Backyard Coop, 40 d. The Backyard Coop shall provide and maintain at least one nest box for every six (6) hens. Additionally, there should be one perch per hen, with a minimum length of 15.0 cm (5.9 in.), e. Manure and left-over feed must be removed, discarded, and/or properly composted to prevent nuisance to neighbouring properties, f. Coops may only be located in backyards of properties that are completely fenced and secure, g. All coops must be fully insulated, and draft free, h. Coop sites should take into consideration backyard locations that would minimize impact to adjacent neighbours (away from bedroom windows, furthest point from building, etc.). 8.5.5 Development Permit Applications must include: a. A site plan clearly showing the location, size, and orientation of the Backyard Coop, as well as any storage facilities that will support the maintenance of Backyard Hens and Coop, b. The number of Backyard Hens. 8.5.6 Approved Backyard Coops are subject to any other licensing requirements specified by the County. 8.6 Building Height 8.6.1 The height of a building is determined by the average height of all elevations. 8.6.2 The average height of an elevation shall be determined based on the finished grade to the highest point of the building. 8.6.3 The highest point of a building shall not include the following: elevator, a smokestack, a parapet wall, a flagpole, or similar device not structurally essential to the building. 8.6.4 The finished grade shall be determined by the average of the highest and lowest grade adjacent to the fagade of the building. 8.7 Campgrounds 8.7.1 A concept plan satisfactory to the Development Authority shall be submitted with the Development Permit application. The concept plan shall: a. Identify and address public safety concerns, incompatible land use issues, environmentally significant lands, development constraints, and the topography of the site, b. Include a plan for the development area, including the number of stalls and sequence of the development proposed, including the preliminary layout ofcampsites and the general location of the transportation networks, land use, visitor parking, public utilities, and reserve land. Road widths, parcel access and egress, emergency access, parking areas, storage areas, washroom and laundry areas and recreational areas shall also be addressed, c. Outline the Campground design and maintenance shall comply with Wildland/Urban Interface recommendations provided in the Province of Alberta FireSmart Manual, d. Illustrate that the Campground and all sites shall have clear access identification for emergency services, e. Comply with the minimum distance separation of 400.0 m (1,312.3 ft.) between any Campground facilities and the boundary of a multi-lot subdivision of six (6) lots or more or a Confined Feeding Operation.In addition, there shall be an interior buffer of 50.0 m (164.0 ft.) from the campground (including stalls and amenity area) boundary to the parcel property lines. 8.7.2 The roads leading to a proposed Campground may be required, as a condition of development approval, to be brought into a condition necessary to sustain the volume and type of traffic to be generated by the proposed Campground in accordance with the County's General Municipal Servicing Standards. 41 8.7.3 Tenting/Camping Site Requirements: Minimum Stall Size Stall Width 6.0 m (19.6 ft.) Stall Length 16.0 m (52.4 ft.) or to the discretion of the Development Authority Minimum natural or landscaped buffer between stalls 4.6 m (15.0 ft.) 8.7.4 Seasonal Recreational Vehicle Site Requirements: Minimum Stall Size Stall Width 15.2 m (49.8 ft.) Stall Length 24.4 m (80.0 ft.) or to the discretion of the Development Authority Minimum natural or landscaped buffer between stalls 4.6 m (15.0 ft.) 8.7.5 Year-Round Recreational Vehicle/Park Model Site Requirements: Minimum Stall Size Stall Width 15.2 m (49.8 ft.) Stall Length 24.4 m (80.0 ft.) or to the discretion of the Development Authority Minimum natural or landscaped buffer between stalls 4.6 m (15.0 ft.) Minimum Stall Requirements Maximum Density One (1) recreational vehicle or park model per site/ stall Minimum Parking per Stall Two (2) parking spaces per site/staII 8.7.6 Vehicle Access and Road Requirements: a. The location and number of access points to a Campground from a road shall be in accordance with the County's General Municipal Servicing Standards. b. All access points shall be designed to accommodate two-way traffic. c. All campsites shall be accessible by means of an internal road with a minimum width of 3.5 m (11.4 ft.) for one-way traffic, or 7.0 m (22.9 ft.) for two-way traffic. This may increase depending on scope and size of proposed Campground. d. Where the development is proposed to be open year-round, provision shall be made in the design of the internal road system to allow for snow removal and snow storage. 42 8.7.7 Amenity and Recreation Areas: a. A minimum of 10% of the total area of a Campground shall be set aside as amenity/recreations areas and placed in suitable locations. b. Pedestrian circulation routes to public facilities and major recreational activity areas shall be provided. c. Accessory buildings that are common amenities such as firewood storage and garbage disposal shall be in an area accessible by all campground visitors. d. Animal proof garbage cans shall be provided throughout the Campground. e. One table and one garbage can shall be provided for each campsite. f. Recreational areas shall not be located where it would intrude on the privacy of adjacent campers. g. No development other than accessory boathouses, docks, swimming facilities, and similar developments shall occur within 30.0 m (98.4 ft) of the shoreline of any lake or river or streams, determined by the Development Authority. 8.7.8 Utility Services Requirements: a. Sewage disposal, water supply and electrical servicing shall meet all relevant provincial and federal regulations. b. Utility and telecommunication services shall be located below ground. c. A sewage disposal facility (dump station) that is easily accessible and separated from campsites and amenity spaces may be provided. d. Washroom facilities shall be provided in centralized locations. 8.7.9 Emergency Management Requirements: a. The Development Authority may require as a condition of development approval that the developer provide full-time onsite security personnel to enforce quiet hours and site security and emergency management requirements, and b. The developer shall provide and implement an emergency management plan, to the satisfaction of the County. 8.8 Personal Cannabis Cultivation 8.8.1 The requirements of this section apply to all Personal Cannabis Cultivation, as defined the Government of Alberta's requirements of the Gaming, Liquor, and Cannabis Act and the Government of Canada's Cannabis Act. 8.8.2 All personal cannabis plants are to be cultivated within the principal building as defined in this Bylaw. 8.8.3 Cannabis plants shall not be visible from the outside of the property. 8.8.4 Through federal regulations, adults are allowed to grow a maximum of four (4) cannabis plants per household. 8.8.5 No Development Permit is required for Personal Cannabis Cultivation. 8.9 Cannabis Production Facilities 8.9.1 The requirements of this section apply to all Cannabis Production Facilities, as defined by the Government of Canada's Cannabis Act. 8.9.2 A licence for all activities associated with the Cannabis Production Facility as issued by Health Canada shall be provided to the Development Authority prior to occupancy as a condition of development approval. 8.9.3 All of the processes and functions associated with a Cannabis Production Facility shall be fully enclosed within a stand-alone building. 8.9.4 A Cannabis Production Facility shall not operate in conjunction with another approved use. 43 8.9.5 A Cannabis Production Facility shall not include an outdoor area for storage of goods, materials, or supplies. 8.9.6 All loading stalls and docks shall be contained within the building. 8.9.7 A ventilation system that is designed and intended to remove odour from the air must be installed in the building and operated as needed. 8.9.8 Garbage containers and waste material shall be contained within the building. 8.9.9 The Development Authority may require, as a condition, a public utility and waste management plan, completed by a qualified professional, which includes details on: a. The incineration of waste products and airborne emissions including smell, b. The quantity and characteristics of liquid and waste material discharged by the facility, and c. The method and location of collection and disposal of liquid and waste material. 8.10 Cannabis Retail Store 8.10.1 The requirements of this section apply to all Cannabis Retail Stores, as defined in this Bylaw and the Government of Alberta's requirements of the Gaming, Liquor, and Cannabis Act and any other applicable regulation. 8.102 A copy of the Retail Cannabis Licence issued by the Alberta Gaming, Liquor and Cannabis Commission shall be provided to the County prior to occupancy as a condition of Development Permit approval. 8.10.3 Cannabis Retail Store locations may not be approved if the location is within 100.0 m (328.0 ft.), or a boundary of the parcel of land on which the facility is located: a. A provincial health care facility, b. A school, or c. A parcel of land designated as a school reserve. 8.10.4 Advertising inside the premises shall not be visible from the exterior of the building. 8.10.5 Cannabis Retail Stores will be restricted in the use of portable or temporary signs. 8.10.6 The premises must operate separately from other businesses, including providing a separate loading space when one is required. 8.10.7 The public entrance and exit to the Cannabis Retail Store must be direct to the outdoors. Goods shall not be visible from outside the business premises. 8.10.8 A Cannabis Retail Store shall include no other land use. 8.10.9 Cannabis Retail Store maximum hours of daily operation shall be: 10:00 a.m. to 2:00 a.m. 8.11 Corner Lots & Fencing 8.11.1 On any corner lots within Residential Districts, except where the lot abuts a provincial highway, no person shall erect, place or maintain within the sight triangle a wall, fence, shrub, tree hedge, or any object that may adversely impact the line of sight required for the safe flow of vehicular traffic over 1.0 m (3.2 ft.) in height above the lowest grade adjacent and a straight line connecting the two points 7.6 m (24.9 ft) back along these lot lines from their intersection. 44 8.11.2 In all Non-Residential Districts, no fence, wall, tree, hedge, deck, or other structure exceeding 1.0 m (3.2 ft.) in height above grade shall be permitted in a corner visibility triangle created by the lot lines that form the corner, and a straight line connecting the two points 20.0 m (65.6 ft.) back along these lot lines measured from their intersection. 8.11.3 For a parcel which abuts two (2) or more roads, the front yard containing the primary access shall be deemed the front yard. 8.11.4 The Development Authority may require an alternate siting of the fence to provide unimpeded traffic sightlines. 8.11.5 There shall be no electrified or barb wired fencing in any Residential Districts, all fence materials shall be aesthetically compatible with the neighbouring properties, and consist of common fencing construction material (wood, metal, composite material,masonry, and wrought iron). 8.11.6 The Development Authority may require a site to be fenced and secured if the development poses a potential safety hazard. 8.11.7 Fence height shall be measured from grade to the highest part of the fence. 8.11.8 The height measurement for a fence constructed on top of a deck or retaining wall shall include the height of the deck or the retaining wall. 8.11.9 Construction offences, screening fences, gates, or other means of enclosure with a maximum height of 2.4 m (7.8 ft.) in or less in all Districts except for Residential Districts, shall not require a Development Permit, except for corner lots. 8.11.10 Construction offences, screening fences, gates, or other means of enclosure with a maximum height of 1.2 m (4.0 ft.) or less in the front yard setback, and a maximum height of 2.0 m (6.5 ft.) or less for the side and rear lot lines within all Residential Districts shall not require a Development Permit, except for corner lots. 45 8.12 Drive Through Businesses 8.12.1 Drive Through Businesses shall have a minimum lot area of 560.0 (6,027.7 ft2). 8.12.2 Points of site access and egress shall be located in accordance with the County's General Municipal Servicing Standards. 8.12.3 Drive Through signage indicating points of access, egress, and queuing shall be erected where determined appropriate by the Development Authority. 8.12.4 All parts of the lot to which vehicles may have access shall be hard surfaced and drained to the satisfaction of the Development Authority. 8.12.5 A Drive Through Business shall not be located on a site which, in the opinion of the Development Authority, is considered unsafe in terms of vehicle circulation and access. 8.12.6 No drive through aisles shall be permitted within a setback area. The Development Authority may require greater setbacks than those established by the applicable District when considering adjacent land uses and vehicle circulation and access. 8.12.7 The Development Authority may require a Traffic Impact Assessment be completed by a professional engineer demonstrating that the subject site can accommodate the proposed development without negatively impacting on-site circulation, impeding traffic on abutting roads or affecting pedestrian safety. The Traffic Impact Assessment shall be approved by the County prior to a Development Permit being issued. 8.12.8 Queuing space requirements for Drive Through businesses shall be provided as follows: Drive Through Drive Through (Restaurant/Non-Restaurant) (Vehicle) Five (5) spaces inbound for each service bay. Five (5) spaces measured from service Three (3) inbound spaces for a complete window, plus one (1) outbound space service car wash, plus two (2) spaces per fueling position 8.12.9 If an applicant is seeking a variance to the queueing requirements stipulated in subsection 8.12.8, a Traffic Impact Assessment completed by a professional engineer shall be required, demonstrating that the subject site can accommodate the proposed development without negatively affecting on¬ site circulation, impeding traffic on abutting roads, or affecting pedestrian safety. The Traffic Impact Assessment shall be approved by the County prior to a Development Permit being issued. 8.12.10 Queuing spaces shall: a. Be provided and constructed in accordance with subsection 9.4 of this Bylaw, b. Not overlap with or obstruct any parking stalls or drive aisles, and c. Provide sufficient space for maneuvering. 8.12.11 Drive lanes shall have sufficient turning radius to accommodate vehicle entrance to the drive through aisles. 8.12.12 Where the drive aisle is adjacent to a Residential District, fencing and screening shall be provided to the satisfaction of the Development Authority. 8.12.13 No drive through service window shall be located within 15.0 m (49.2 ft.) of an adjacent Residential District. 8.13 Dwelling Units Per Parcel 8.13.1 Where this Bylaw limits the number of dwellings that may be erected or placed on a parcel of land, the Development Authority may grant an exemption to allow additional dwellings on the subject parcel. 46 8.13.2 The maximum number of dwellings per parcel that may be approved by the Development Authority is one (1) except where additional dwellings are: a. Located in a land use district which permits multiple dwelling units; or b. Mobile homes forming part of a mobile home park; or c. A Secondary or Security Suite; or d. A building as defined in the Condominium Property Act; or e. A second dwelling on an agricultural or residential zoned parcel that exceeds 2.0 ha (4.9 acres). 8.13.3 When determining an exemption to the number of dwellings on a parcel, the Development Authority shall consider the following: a. The suitability of the site for the proposed development,it should not compromise potential future subdivision. b. Access to and from the site, c. On-site water and sewer servicing, d. Existing and future surrounding land uses, and e. Whether the additional dwelling is related to or necessary for the operation of an existing agricultural operation located on the parcel. 8.14 Establishment, Restricted 8.14.1 Establishment, Restricted business locations may not be approved if the location is within 100.0 m (328.0 ft.), or a boundary of the parcel of land on which the facility is located of a: a. Provincial health care facility, b. School, c. Parcel of land designated as a Residential District, d. Building containing childcare facilities, arenas, elementary schools, junior high schools, high schools, public parks, municipal buildings, senior citizens housing, or religious assemblies, or e. Parcel of land designated as school reserve. 8.14.2 To protect surrounding uses from the potential adverse effects of Establishment, Restricted, the Development Authority shall require the following design guidelines: a. There shall be no exterior display of nudity or partial nudity in respect of any adult entertainment offered within the premises, b. All exterior advertising shall be minimal and meet the character of the surrounding developments, and c. Methods of shading shall be used on all windows and doors to ensure that there is restricted visibility into the facility from the outside. 8.14.3 The Development Authority may require lighting, signage and screening measures, including landscaping, in addition to the other requirements of this Bylaw that, in its sole opinion, will make a proposed Establishment, Restricted development compatible with existing uses which are either adjacent or nearby. 8.15 Keeping of Animals 8.15.1 The intent of Keeping of Animals special requirement is permitted for personal use only and applicable to the Country Residential District and the Rural Residential District. This does not apply to any land that is zoned Agricultural District or use of Agriculture, General, as defined herein.Provided that the animal units comply with the provisions in this bylaw, a Development Permit is not required, the following regulations shall apply: 47 - - a. No person shall keep any livestock in a Residential District except in conformity with the following: i. Combinations of different types of livestock are allowed provided the maximum number of animal units is not exceeded. b. Animal units shall be limited based on lot area as follows: 2.0 ha (4.9 ac)- 2.4 ha (5.9 ac) Three (3) animal units (maximum) 2.5 ha (6.0 ac) 4.0 ha (10.0 ac) Six (6) animal units (maximum) 4.1 ha (10.1 ac) 8.0 ha (19.9 ac) Twelve (12) animal units (maximum) Over 8.0 ha (over 20.0 ac) At the discretion of the Development Authority c Animal Units shall be calculated as follows: Wild Boar are prohibited. Animal Type One (1) Unit Equals: Cow 1 Horse 1 Sheep or Goats 2 Pigs 2 Hen or Other Fowl 50 Rabbits 30 Ostriches or Emus 2 Other Livestock1 At the discretion of the Development Authority 8.152 Keeping of Animals General Requirements: a. Each animal must be provided with food, water, shelter, light, ventilation, care, and opportunities to maintain good health. 48 b. The applicant must comply with all provincial regulations around the keeping of animals. c. Keeping of animals shall be secondary to the residential use of the parcel. d. Animals shall not be permitted to run at large and must be maintained within an appropriate enclosure at all times. e. The storage of feed must be kept in a fully enclosed airtight container. f. Manure that is intended for backyard composting or fertilizing shall be kept within a fully enclosed structure and no more than 0.08 m3 (3 ft3.) of manure may be stored at any time. 8.153 Keeping of Animals Enclosure General Requirements: a. The Enclosure must remain in good repair and sanitary condition, and free from vermin and noxious or offensive smells and substances. b. The Enclosure shall adhere to the same setbacks provided in section 8.1.9, Accessory Buildings. With a maximum height restriction of 3 m (9.8 ft.) for any accessory structure. c. Manure and left-over feed must be removed, discarded, and/or properly composted to prevent nuisance to neighbouring properties. d. Enclosures may only be located on properties that are completely fenced and secure. e. Enclosure sites shall take into consideration backyard locations that would minimize impact to adjacent neighbours (away from bedroom windows, furthest point from building, etc.). 8.15.4 Development Permits are only required when a variance request is made that exceeds the allowable regulations. Application must include: a. A site plan clearly showing the location, size, and orientation of the enclosure, as well as any storage facilities that will support the maintenance of the animals, b. The number of proposed Animals. 8.16 Hazard Lands 8.16.1 Where a parcel of land abuts or contains a coulee, ravine, or valley, with or without a waterbody present, the setbacks from the upper break of the coulee, ravine or valley provided in the Table below shall apply. 8.16.2 Notwithstanding the setbacks identified in the table below, the Development Authority may increase or decrease a setback requirement if a Geotechnical Report prepared by a qualified professional recommends a different setback distance. Valley Slope/Depth <7.6 m (24.9 ft.) Setback Requirement At the discretion of the Development Authority, but no less than setback requirements for the applicable Land Use District. >7.6 m (24.9 ft.) and <15.2 m (49.9 ft.) >15.2 m (49.9 ft.) and <30.5 m (100.0 ft.) >30.5 m (100.0 ft.) 23.0 m (75.4 ft.) 45.7 m (149.9 ft.) 61.0m (200.1 ft.) 49 8.16.3 8.16.4 8.16.5 8.16.6 8.16.7 8.16.8 As required by If there is a conflict between the setbacks defined in subsections 8.15.1 or 8.15.2 the setback determined through the Riparian Setback Guideline shall prevail. For the purpose of determining the setback required, within subsections 8.16.1 and 8.16.2, the valley depth is the vertical distance measured between the Top of Bank and the Toe of the Slope. For valleys that are composed of one (1) or more benches, the valley depth is the vertical distance measured between the Top of Bank of the bench on which the development is to be located and the Top of Bank of the lower bench as illustrated below. Notwithstanding any Land Use District regulation to the contrary, no development shall be allowed within 15.0m (49.2 ft.) of the toe or crest of any slope of 15% or greater, unless a lesser amount is identified in a Geotechnical Report prepared by a qualified professional. Notwithstanding that a proposed development conforms in all respects with this Bylaw, where an application is for development on lands that are or may be subject to flooding or subsidence, the Development Authority shall not issue a Development Permit unless the applicant can demonstrate that preventative engineering and construction measures will be instituted to make the site suitable for the proposed development. The Development Authority may require that the Top of Bank or Toe of Slope be identified by a survey completed by a registered Alberta Land Surveyor. 50 8.16.9 Developments must adhere to the following land management practices: a. Stripping of vegetation or grading shall be done in a manner which will minimize soil erosion by ensuring that the extent of the disturbed area and the duration of its exposure is minimized, and that all grading work should be designed to blend with the natural contours of the land, b. Natural vegetation shall be retained and protected wherever possible, c. Natural drainage patterns should not be disturbed and changes to watercourses shall be avoided except where controlled improvements are warranted subject to approval from provincial authorities, and d. Developments shall not adversely affect groundwater resources or increase stormwater runoff velocity in a way that water levels on other lands are substantially raised or the danger from flooding increased. 8.17 Home-Based Businesses 8.17.1 General requirements for all Home-Based Businesses: a. All Home-Based Businesses shall require a Development Permit, b. A maximum of two (2) Home-Based Business Development Permit approvals may be issued per residence, one (1) of which may be a Home-Based Business, Major c. A Development Permit application for a Home-Based Business shall be accompanied by a description of the business to be undertaken, an estimate of the anticipated number of business visits daily and per week, and details respecting the provision of parking, d. All Home-Based Businesses shall not be a source of inconvenience or materially interfere with or affect the use and enjoyment of neighbouring properties, including but not limited to excessive noise, smoke, steam, odour, dust, vibration, or refuse matter, or electrical interference which would not commonly be found in the neighbourhood or surrounding properties, e. A Home-Based Business may not be allowed if such use would be more appropriately located within a Commercial or Industrial District having regard for the overall compatibility of the use with the residential character of an area, f. A Home-Based Business shall have no mechanical or electrical equipment used which creates visual, audio, or electronic interference in adjacent dwellings or properties, g. No commodity, other than the product or service of the Home-Based Business shall be sold on the premise, h. A Home-Based Business shall not involve activities that use or store hazardous material in quantities exceeding those found in a normal household, i. A Development Permit for a Home-Based Business shall be revocable at any time, if, in the opinion of the Development Authority the use is or has become detrimental to the amenities of the neighbourhood in which it is located, j. When a Development Permit is issued for a Home-Based Business, such permit shall be terminated should the use change for which the permit has been issued for, and k. A Home-Based Business may have a commercial vehicle, maximum amounts are specified in the type of Home-Based Business section. 8.17.2 Special requirements for Home-Based Business, Minor: a. There shall be no change to the external appearance of the principal dwelling, b. It must be secondary to the primary use of the parcel, c. Business activities shall not extend beyond the confines of the principal dwelling, d. There shall be no employees who do not reside within the principal dwelling, e. Traffic generated shall not adversely impact traffic flow in the neighbourhood, f. There shall be no outdoor storage of materials, goods, or equipment, g. Signage for the business may be considered by the Development Authority, and 51 h. A maximum of one (1) commercial vehicle used for the Home-Based Business,Minor shall be parked on the subject site. 8.173 Special requirements for Home-Based Business, Major: a. Must be secondary to the principal use of the parcel, however, external renovations or additions to the subject dwelling or accessory building may be considered by the Development Authority, b. The business may extend beyond the confines of the principal dwelling to include storage of vehicles, materials, or equipment, c. May employ a maximum of five (5) employees who do not reside at the principal dwelling, d. Traffic generated shall not adversely impact traffic flow in the neighbourhood, e. Outdoor storage of materials, goods, or equipment may be considered by the Development Authority, f. All required parking must be provided for on the parcel, g. Signage for the business may be considered by the Development Authority, and h. A Home-Based Business, Major may have up two (2) commercial vehicles with accessory trailers used in conjunction with the Home-Based Business. For parcels larger than 4.0 ha (9.8 acres) the number of commercial vehicles shall be at the discretion of the Development Authority. 8.18 Multi-Use Buildings 8.18.1 The site layout and building design should not adversely impact the existing uses in the immediate area or be contrary to other County policies. 8.18.2 Residential uses shall not be permitted on the ground floor of the building. 8.18.3 The residential and non-residential uses shall have separate entrances from grade. 8.18.4 The site layout shall include a sidewalk or walkway allowing safe pedestrian access to and from the residential entrance to a public sidewalk. 8.18.5 The residential component of the development shall use proven building and construction technologies to reduce noise audible from within the dwelling unit. 8.18.6 The residential component of the development shall be designed and sited to minimize any impacts from the non-residential component of the development related to noise, traffic circulation or loss of privacy. 8.19 Natural Resource Extraction/Processing 8.19.1 Natural Resource Extraction/Processing developments shall not be located within 1000.0 m (3,280.8 ft.) of a multi-lot subdivision or hamlet. 8.192 The Development Authority may only consider a variance to subsections 8.19.1 provided that: a. No crushing, processing, washing, or similar is occurring within 300.0 m (984.2 ft.) of a multi-lot subdivision or hamlet boundary, b. The Development Authority is satisfied that extraction and reclamation activities occur expeditiously and in a manner that poses minimum affect and nuisance to residents within the multi-lot subdivision or hamlet. Application for Natural Resource Extraction 8.19.3 The Development Authority shall require as a condition of Development Permit approval that the applicant acquire all necessary provincial permits and approvals pertinent to the proposed development including future reclamation. Further, the applicant shall be required to supply a copy of any such provincial permit or approval to the County for its records. 8.19.4 The Development Authority may require additional information when reviewing a development application, including the following: a. Survey plan indicating the location and area of the site on which the excavation is to take place and the phasing plan of the pit, 52 b. The expected life of the deposit if applicable, c. A site analysis of the geology, groundwater, surface water, natural vegetation, and wildlife features of the site, d. The proposed extraction, operation, and staging of the Natural Resource Extraction/Processing operation (including years, dates, hours of operation, guidelines for meeting recommended noise levels, aesthetics, etc.), e. The proposed access and hauling activities (including number of trucks, tonnage, hours of hauling, methods of preventing/controlling/reducing erosion or dust, etc.), f. The desirability to utilize the Natural Resource Extraction/Processing as a regional benefit, g. Conservation of topsoil for agricultural use on this or another site, h. Conservation of any identified designated historical resources, i. Conservation of trees and maintenance of habitat, j. Conservation of environmentally significant and sensitive areas, including areas identified in the Environmental Conservation Plan, k. Conservation of watercourses, I. The safety and potential nuisance effect(s) on adjacent properties, including both operation and hauling activities, and m. Submit a community engagement plan, in accordance with the County's policy, n. Submit a reclamation plan. Dust & Noise 8.19.5 The applicant shall prevent dust and noise from becoming an annoyance to surrounding properties at the request of and to the satisfaction of the Development Authority. Required prevention may include, but is not limited to: a. Locating stockpiles to function as sound barriers and using methods of minimizing or reducing noise created by machinery and equipment, b. Installation of noise monitors shall be required as a condition, c. Noise that exceeds the level as specified in the Community Standards and Safety Bylaw is an indication that noise may be an annoyance, and d. Ensure compliance with the Environmental Protection& Enhancement Act regarding dust and air quality. 8.19.6 The applicant(s) shall post appropriate safety and traffic signage on and details about the subject site and road accesses, to the satisfaction of the Development Authority. 8.19.7 Developers shall enter into a road use agreement with the County when the access is directly from a municipal road, or if the haul route includes a municipal road. Hours for Hauling 8.19.8 The Natural Resources Extraction/Processing operational hours shall be conducted in accordance with the County's Community Standards Bylaw. 8.19.9 No new natural resource or expansion of an existing operation shall be located within 20.0 m (65.6 ft.) of any public road, unless otherwise approved by the Development Authority. The Development Authority may require certain buffering/screening measures within this setback. 8.19.10 All stripping, excavation, and grading shall be in conformance with subsection 9.2 Stripping & Grading. 8.19.11 The applicant shall keep the area, subject to the Development Permit, in a clean and tidy condition, free from rubbish and non-aggregate debris, including any required screening or buffering to the satisfaction of the Development Authority, at all times. 53 - 820 Recreational Vehicle Storage 8.20.1 Recreational Vehicle Storage is a permitted use within all Land Use Districts. A lot within a hamlet boundary is permitted to store a maximum of one (1) recreational vehicle. Outside of hamlet boundaries, the number of recreational vehicles that may be stored is based on the size of the parcel for which the recreational vehicle(s) will be stored: 0.1 ha (0.2 ac) - 0.2 ha (0.5 ac) One (1) Recreational Vehicle (maximum) 0.2 ha (0.51 ac)- 0.4 ha (1.0ac) Two (2) Recreational Vehicles (maximum) 0.4 ha (1Jac) 1.2ha (3.0 ac) Three (3) Recreational Vehicles (maximum) 1.2 ha (3.1 ac)-4.1 ha (10.0ac) + Four (4) Recreational Vehicles (maximum) 8.20.2 If the number of recreational vehicles stored on a property falls within the perimeters of subsection 8.20.1, then no Development Permit is required. 8.20.3 If an applicant would like to store more recreational vehicles than is allowed in subsection 8.20.1 then a Development Permit for a Variance will be required for the proposed number of recreational vehicles to be stored. 8.20.4 The storage, placement, and use of more than four (4) recreational vehicles shall be considered a campground and must adhere to section 8.7 Campgrounds of this bylaw. Should it be specifically and only for storage use of the units with no occupancy it shall be considered as Storage, Outdoor. 8.20.5 The storage, collection and disposal of solid waste shall be so conducted as to create no health hazards and must adhere to the Alberta Safety Codes Act. 821 Sea Cans 8.21.1 Sea Cans shall not be permitted on a residential lot in a designated hamlet, or within a Mobile Home Park (MHP) District unless required for temporary storage associated with the construction of a dwelling unit(s). In these cases, the Sea Can shall be removed within thirty (30) days of the occupation of the new dwelling unit, or the suspension or expiry of the Development Permit. Only one (1) Sea Can will be allowed on a site under this provision. 8.21.2 A maximum of one (1) Sea Can may be permitted on a residential lot outside of the designated hamlets with a minimum size of 0.41 ha (1.0 ac). 8.213 All Sea Cans shall be retrofitted to ensure the design, external finish, landscaping, and architectural appearance of the Sea Can, shall be similar to, or higher than, the standard of surrounding development. 8.21.4 A Sea Can located adjacent to a residential lot, a public road or provincial highway shall be screened from view. 8.21.5 A Sea Can shall be used for storage purposes only, shall not contain any dangerous or hazardous materials or containers, and shall not be stacked one upon another. 8.21.6 There is no limit to the number of Sea Cans allowed within the following Districts: a. Agricultural (AG) District, b. Any commercial District, or c. Any industrial District, d. Crown Land. 8.21.7 A Sea Can shall not be used as a dwelling unit and must be sited as per the applicable Districts setback requirements. 54 822 Secondary & Security Suites 8.22.1 Secondary Suite, Accessory, General Regulations: a. Is within a detached building located on the same parcel as the principal building. b. Must adhere to the regulations of subsection 9.4 of this Bylaw. c. Must comply with subsection 8.13 of this Bylaw. d. Must adhere to the regulated setbacks in the applicable land use district. 8.22.2 Secondary Suite, Principal, General Regulations: a. Is located within the principal building. b. Must adhere to the regulations of subsection 9.4 of this Bylaw. 8.22.3 Security Suite, General Regulations: a. Shall be located on the same parcel as the principal industrial, commercial or recreational use as secondary or accessory to the principal use. b. Shall be 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 lot. c. Shall only be valid during the duration of the approved principal use. d. Must comply with subsection 8.13 of this Bylaw. e. Must adhere to the regulated setbacks in the applicable land use district. 823 Timber Harvesting Application for Timber Harvesting 8.23.1 The Development Authority shall require as a condition of Development Permit approval that the applicant acquire all necessary provincial permits and approvals pertinent to the proposed development including. Further, the applicant shall be required to supply a copy of any such provincial permit or approval to the County for its records. 8.23.2 Prior to the removal of trees from a site, such removals shall be carried out so as not to impact critical nesting and rearing periods in accordance with the Migratory Birds Act. 8.23.3 The Development Authority may require additional information when reviewing a development application, including the following: a. Survey plan indicating the location and area of the site on which the harvesting is to take place, b. A site analysis of the geology, groundwater, surface water, natural vegetation, and wildlife features of the site, c. The proposed operation, and staging of the harvesting operation (including dates, hours of operation, guidelines for meeting recommended noise levels, aesthetics, etc.), 55 d. The proposed access and hauling activities (including number of trucks, hours of hauling, methods of preventing/controlling/reducing erosion or dust, etc.), e. Conservation of topsoil for agricultural use, f. Conservation of environmentally significant and sensitive areas, including areas identified in the Environmental Conservation Plan, g. Conservation of watercourses, h. The safety and potential nuisance effect(s) on adjacent properties, including both operation and hauling activities. General Regulations 8.23.4 The applicant shall prevent dust and noise from becoming an annoyance to surrounding properties at the request of and to the satisfaction of the Development Authority. 8.23.5 The applicant(s) shall post appropriate safety and traffic signage on and details about the subject site and road accesses, to the satisfaction of the Development Authority. 8.23.6 Developers shall enter into a road use agreement with the County when access is directly from a municipal road or if the haul route includes a municipal road. 8.23.7 The harvesting hours for operation and hauling shall be conducted in accordance with the County's Community Standards Bylaw. 8.23.8 All stripping, excavation, and grading shall be in conformance with this bylaw. 8.23.9 The applicant shall keep the area, subject to the Development Permit, in a clean and tidy condition free from rubbish,and include any required screening or buffering to the satisfaction of the Development Authority, at all times. 824 Work Camps 8.24.1 Work Camps shall be delineated as either Work Camp, Open or Work Camp, Closed as defined in this bylaw. 8.24.2 No Work Camps shall be permitted within a designated hamlet unless they are an accessory use to a federal or provincial government emergency services or County related activities in support of these services. 8.24.3 Applicants for a proposed Work Camp development may be required to conduct a public consultation event in accordance with the County's Community Engagement Policy and Procedure. The applicant shall provide details on the method of consultation along with the results to the County. 8.24.4 The Development Authority may require the following as conditions of approval: a. Any condition deemed reasonable and/or necessary for life safety precautions, b. To ensure that the site will be restored to its pre-development condition after the Work Camp ceases operations, and c. The owner/operator of the Work Camp shall enter into a road use agreement with Lac La Biche County to address such matters as road maintenance and dust control, when applicable. 8.24.5 All parking must be provided within the parcel and areas for parking shall be developed to the satisfaction of the Development Authority. 8.24.6 All points of access and egress shall be located to the satisfaction of the Development Authority. 8.24.7 Maximum lot coverage shall be such that space is available for all the parking on the lot, together with the applicable setback and such area as required for landscaping as determined by the Development Authority. 8.24.8 Adjacent buildings in Work Camps shall be located sufficient distance from each other as required for fire protection purposes as determined by the Alberta Safety Codes Act and by the Development Authority. 56 8.24.9 Screening and fencing of storage areas shall be to the satisfaction of the Development Authority. 8.24.10 Development Permit applications for Work Camps must include the following information: a. The location, type, and purpose of the camp, b. The method of public consultation and the results, if applicable, c. The method of supplying water and sewage and waste disposal to the camp. The proposed method of sewage disposal must comply with the Alberta Private Sewage Systems Standard of Practice and be to the satisfaction of Public Health, d. The number of persons proposed to live in the Work Camp and the duration of time the Work Camp will be occupied, e. The start date for development, date of occupancy by residents, and removal date for the camp, f. Reclamation measures for the site once the camp is decommissioned, g. A Fire Safety Plan and fire preparedness equipment in place to the satisfaction of the County's Protective Services Department, and h. Demonstrate approval from the provincial authorities if the Work Camp is located within the Crown Land (CL) District. 57 9.0 General Regulations 9.1 Environment 9.1.1 When reviewing an application for development, the Development Authority shall consider the following: a. The impact of the proposed development on the subject and surrounding area, b. The soil and slope conditions of the area surrounding the subject property, c. Any information regarding the history of the subject property and surrounding area from a geotechnical perspective, and d. Comments and recommendations from provincial authorities. 9.1.2 Development that, in the opinion of the Development Authority, will have an unreasonable adverse impact on lake water quality or lake area aesthetics shall be prohibited. 9.1.3 The Development Authority may request the developer use the County's Riparian Setback Guideline to determine appropriate setbacks at time of subdivision. Environmental Assessment and/or Biophysical Reports 9.1.4 The Development Authority may require that the applicant submit an Environmental Assessment and/ or Biophysical Report, prepared by a qualified professional. The environmental review report may be required to include: a. A description of the features of the site, adjacent properties and nearby lands that may be affected, b. A description of the environmental sensitivity of the lands and features, c. The nature of the impacts on land, water, wildlife, and fish during construction, d. The nature of the impacts of land use activities on land, water, wildlife,and fish upon completion of the development and/or phases thereof, e. An environmental mitigation/protection plan to alleviate any adverse impacts, f. A monitoring report to summarize the performance of the mitigation/protection measures and to identify the residual impacts and their significance on fish, wildlife, vegetation, soil, water quality, and quantity, g. Setback recommendations for waterbodies, h. Conservation recommendations for environmental reserves, conservation easements, and i. Any other matters required by the Development Authority. 9.1.5 The Development Authority may refer an environmental assessment and/or biophysical report to the appropriate provincial agencies for comments and recommendations. 9.1.6 The Development Authority may use the recommendations of the Environmental Assessment and/or Biophysical Report as a basis for reasons to approve a Development Permit, with or without conditions, or to refuse a Development Permit. Environmental Setback Requirements 9.1.7 In Lac La Biche County, the Riparian Setback Guideline is used to determine setbacks for environmental reserve at time of development, otherwise a 30.0 m (98.4 ft.) buffer will be commonly requested by the County when a development is adjacent to wetlands, watercourses, or waterbodies. 9.1.8 Setbacks are intended to remain in their natural state as part of development planning. However, existing structures present at the time of application are not subject to setback requirements. 92 Stripping & Grading 9.21 Stripping & Grading is a permitted use in all districts established in this bylaw. 9.2.2 Stripping, site grading, and excavating that is required for a development for which a Development Permit has been issued does not require a Development Permit. 9.2.3 A Development Permit is necessary for any lot grading unless it is included in a Development Permit application for another use that requires land stripping or grading. 58 9.2.4 Positive drainage away from dwellings and accessory buildings shall be maintained. 9.2.5 Each parcel shall be graded so that stormwater does not drain onto neighbouring properties. Every effort should be made to direct drainage towards storm catch basins and existing drains. 9.2.6 The Development Authority may require a qualified professional to specify an elevation at which any new development may be constructed to facilitate proper site drainage and attachment to any existing or proposed sewer system. 9.2.7 No development shall alter the natural drainage course without the consent of the provincial authority, the County, or any other affected parties such as adjacent landowners. 9.2.8 The Development Authority may require, as a condition of a Development Permit, or subdivision approval, that a developer submit a stripping and grading and/or drainage or stormwater management plan. 9.2.9 An application for a Development Permit with respect to stripping and grading shall include a Lot Grading Plan and a written description of the proposal describing: a. The location and dimensions of the proposed disturbed area, b. Existing conditions of the land including topography, vegetation, surface drainage patterns, and water courses, c. Any impact on existing drainage in terms of volume and flow rate, d. Engineering plans will be required for changing of existing drainage pattern, e. A site management plan that includes soil erosion control, weed control and general vegetation management so as not to create a fire hazard or unsightly conditions, f. A reclamation plan including the costs required to reclaim the property, and g. Written consent from provincial authorities if a natural drainage course or wetland is being affected. 9.2.10 No drainage measures undertaken as part of a development shall negatively impact adjacent lots by way of flooding or inundation through the redirection of surface water.If a development is found to affect neighbouring lands, all required mitigation measures required to remedy the problem including drainage structures, drainage easements, and retaining walls, shall be at the developer's sole expense. 9.2.11 The burning of vegetation shall not be allowed unless the necessary fire permits are obtained from the County Protective Services or any other designates. 9.2.12 Where development necessitates the removal of trees from a site, such removals shall be carried out so as not to impact critical nesting and rearing periods in accordance with the Migratory Birds Act. 9.2.13 Notwithstanding subsection 9.2.11, no tree clearing shall be allowed where prohibited within the County. Stormwater Management Requirements 9.2.14 Development shall not be allowed to detrimentally affect water resources within the County including natural features such as wetlands, watercourses, and waterbodies. To mitigate potential impacts: a. Development within or in proximity to wetland areas shall only be undertaken if: i. Alterations in the natural flow of water which nourishes the wetlands are minimized, ii. Wetlands are protected from adverse dredging or in-filling practices, siltation or the addition of pesticides, salts, or toxic materials, and iii. All necessary approvals are obtained from the provincial authority. b. All developments shall be designed to ensure that stormwater runoff to adjacent lands or water courses do not exceed pre-development flows. c. Developments shall not adversely affect groundwater resources, or disturb natural drainage patterns, unless such measures are necessary to serve a proposed development and receive approval from the provincial authorities. 59 9.2.15 The Development Authority may request the applicant to submit a Storm Drainage Plan prepared by a qualified professional. Supporting plans may include proposed suitable building locations and elevations, standards to be incorporated in the final design, with hydrology and hydraulic calculations that justify the system design in accordance with the provincial authorities and County requirements. The proposed system must accommodate any drainage from adjacent areas, which had naturally drained through the site. A Storm Drainage Plan may include: a. A description of the proposed stormwater management and drainage system both on-site and off-site, b. Any drainage from the proposed development which is directed onto existing developed private properties shall be controlled such that post development runoff rates are equal or less than pre¬ development runoff rates, and c. The design and construction should address the following objectives: i. Eliminate or at least minimize property damage and flooding, ii. Maintain release rate of runoff from new development to pre-development rates or as required to protect the receiving drainage course, iii. Control soil erosion, sedimentation, erosion of creek channels, drainage courses and ditches, and iv. Protect significant wetlands in accordance with Provincial policies. 93 Lighting 9.3.1 All outdoor lighting for any development shall be located and arranged so that no direct rays of light are directed at any adjoining properties, which may interfere with the use and enjoyment of neighbouring lands or interfere with the effectiveness of any traffic control devices or the vision/safety of motorists. 9.3.2 Commercial and Industrial District lighting shall minimize light pollution, glare, and light trespass into adjacent properties to a degree that maintains on-site visibility of product displays during evening hours of operation. 9.3.3 The County may require an applicant to provide a plan, completed by a qualified professional, indicating the location of all exterior lights, a description of any measures taken to shield direct glare onto adjacent proper¬ ties, and the projected light patterns in relation to adjacent properties, roadways, and developments. 9.3.4 No flashing, strobe, or revolving lights shall be installed on any structure, which may impact the safety of motorists using adjacent public roadways. 9.4 Parking & Loading 9.4.1 In any development proposed, parking shall be provided and maintained by the owner in accordance with the requirements of this Bylaw. 9.4.2 Barrier-free parking stalls are intended for mobility reduced persons and shall be designed in accordance with the Safety Codes Act and included in the calculation of the applicable minimum parking requirements. 9.4.3 Parking areas shall be freely accessible at all times during which the facility is in operation. 9.4.4 Parking stalls shall have a minimum vertical clearance of 1.9 m (6.2 ft.). 9.4.5 In all Districts, on-site parking shall be provided with the exception of those areas within the Hamlets of Lac La Biche and Plamondon identified in Maps 9.4.1(a) and 9.4.1(b). 60 Map Map 9.4.1(a) 9.4.1(b) 61 Number of Parking Stalls 9.4.6 The minimum number of parking stalls required is as follows: Use Number of Parking Stalls Auction Facility 7.5 per 100.0 m2(1,076.3 ft2) gross floor area Automotive Services & Equipment 2 per 100.0 m2(1,076.3 ft2) gross floor area Bed & Breakfast 1 per Guest Room Bulk Fuel & Chemical Storage 2 per 100.0 m2(1,076.3 ft2) gross floor area (minimum of 2) Campground 1 per camping stall plus 1 visitor parking stall per 5 campsites Care Facility 2 per 100.0 m2(1,076.3 ft2) gross floor area Funeral Services 2 per 100.0 m2(1,076.3 ft2) gross floor area Commercial Facility 2 per 100.0 m2 (1,076.3 ft2) gross floor area Establishment, Eating & Drinking 3 per 100.0 m2 (1,076.3 ft2) gross floor area Farmers Market 5 per 100.0 m2 (1,076.3 ft2) gross floor area Government Service 3 per 100.0 m2 (1,076.3 ft2) gross floor area Heavy Equipment Sales, Storage & Rentals 1 per 100.0 m2 (1,076.3 ft2) gross floor area Hotel/Motel 3 plus per guest room Industrial Uses 1 per 100.0 m2 (1,076.3 ft2) gross floor area Animal Service Facility 1 per 100.0 m2 (1,076.3 ft2) gross floor area Office 3 per 100.0 m2 (1,076.3 ft2) gross floor area Personal Service 4 per 100 m2 (1,076.3 ft2) gross floor area School, Post Secondary 4.5 per 100 m2 (1,076.3 ft2) gross floor area Professional Service 4 per 100 m2 (l,076.3ft2) gross floor area Recreational Uses 4 per 100 m2 (1,076.3 ft2) gross floor area Retail Store 2 per 100 m2 (1,076.3 ft2) gross floor area Secondary & Security Suites 1 per suite School Elementary School (K-6): 2 per classroom Middle School (7-9): 2 per classroom High School (10-12): 5 per classroom In addition, drop-off spaces and bus lanes to be provided. Veterinarian Service 1 per 100 m2 (1,076.3 ft2) gross floor area Warehouse 1 per 100 m2 (1,076.3 ft2) gross floor area 62 9.4.7 Where a use is not listed, the number of spaces shall be determined by the Development Authority, having regard for similar uses and the estimated parking demand of the proposed use. 9.4.8 Where a calculation does not yield a whole number, the required number of spaces shall be rounded down to the next whole number. Parking Lot Plans 9.4.9 For parking areas larger than twenty (20) stalls within Commercial or Industrial Districts, a Parking Lot Plan that addresses parking requirements and landscaping design shall be completed as part of the Development Permit application to the satisfaction of the Development Authority. 9.4.10 For all commercial and industrial developments, parking shall be on-site, and the site plan shall clearly illustrate the parking and the traffic circulation on site as well as access to the parcel. Size of Parking Stalls 9.4.11 A parking stall dimension must be in accordance with the standards set in the General Municipal Servicing Standards (GMSS). 9.4.12 Parking aisles design must be in accordance the standards set in the General Municipal Servicing Standards (GMSS). Off-Site Loading Spaces 9.4.13 Off-street loading spaces shall be provided and maintained by the developer in accordance with the requirements of the Bylaw. 9.4.14 Off-street loading spaces shall be provided entirely within the property of the development being served. 9.4.15 The number of off-street loading spaces shall be determined at the Development Permit stage by the Development Authority, having regard for the development's needs. 9.4.16 Off-Street Loading Spaces Shall: a. Size and design must be in accordance with the standards set in the General Municipal Servicing Standards (GMSS). b. Have vehicular access from a street or lane either directly or by a clearly defined traffic aisle, and c. Be surfaced to the satisfaction of the Development Authority. Deficient Parking or Loading Spaces 9.4.17 In deciding on a proposed development that is deficient in parking, or loading spaces, the Development Authority may at their discretion vary the number of parking stalls required and may be supported by a parking study prepared by a qualified professional. 9.4.18 When a building is enlarged, or its use is changed or intensified, resulting in deficient parking or loading spaces the increased parking shall be limited to the requirements for the intensification. 63 Garbage Storage & Collection 9.4.19 Garbage storage or collection areas, within Commercial or Industrial Districts should not be located in the front yard or visible from the street. 9.4.20 Any garbage storage or collection area co-existing with any parking or loading area shall be: a. Clearly delineated as separate from the parking and loading stalls, b. Located to optimize collection vehicles access, and c. Screened by a fence or landscaped screen. 9.5 Landscaping 9.5.1 In considering a Development Permit application, the Development Authority may: a. Require landscaping or screening as conditions of a Development Permit or if the landscaping would serve to improve the quality or compatibility of the proposed development with surrounding properties. b. Screening, fencing, gates, privacy walls, and/or other visual barriers deemed suitable by the Development Authority may be required for: i. Commercial, Industrial, or Institutional Uses located adjacent to a residential property, ii. Commercial, Industrial, or Institutional Uses located adjacent to a Provincial Highway or County Road allowance, iii. Properties used for the storage of goods, machinery, vehicles, buildings, or waste materials except for the purposes of sale, promotion, or display, or iv. Properties used as a landfill site, gravel pit, sewage lagoon, sewage treatment plant, parking, auto wrecking, salvage yard, lumber yard, and other similar uses. c. Whenever practicable, existing natural vegetation should be retained, and any plantings for landscaping or screening purposes should be drought-tolerant and/or indigenous species. Natural vegetation may be applied to satisfy landscaping or screening requirements as determined by the Development Authority. Landscaping Plan Requirements 9.5.2 A Landscaping Plan may be required to be submitted with any non-residential development, except for an agricultural operation, and the landscaping plan must be approved by the Development Authority prior to the issuance of the Development Permit. The landscaping plan may include all the following items: a. North arrow, b. Adjacent public area features, such as streets, lanes, driveways, vehicular entrances, street furniture, and boulevard landscaping, c. Outlines of all buildings and structures on the subject site including the location and type of any underground structures, and overhangs within the first two (2) stories, d. Location of parking areas, vehicle, and pedestrian circulation systems on the subject site, e. Location, height and materials of all proposed fences, and screens on the subject site, f. Location of any existing or proposed lighting, recreational facilities, and garbage collection areas on the subject site, and g. Existing vegetation, including mature trees, on the subject site, labelled by common name. Landscaping Security 9.5.3 The Development Authority may require the developer to enter into a Development Agreement for the provision of landscaping securities in the form of a Letter of Credit or other financial security methods deemed acceptable by the County. The Development Authority may require that the developer provide a value that is equivalent to 100% of the estimated cost of the work, to ensure that the landscaping is completed with reasonable diligence within two (2) years from the issue date of the Development Permit, and adequately maintained. 64 - 9.6 Non-Conforming Buildings & Uses 9.6.1 A non-conforming building may continue to be used but the building shall not be enlarged, added to, rebuilt, or structurally altered, except: a. As may be necessary to make it a conforming building, or b. As may be deemed necessary by the Development Authority for the routine maintenance of the building. 9.6.2 If a non-conforming building is damaged or destroyed by fire or other causes to an extent of more than 75% of the value of the building above its foundation, the building shall not be repaired or rebuilt except in conformity with the provisions of this Bylaw. 9.6.3 A non-conforming use of land or a building may be continued, but if that use is discontinued for a period of six (6) consecutive months or more, a future use shall conform to the provisions of this Bylaw. 9.6.4 The use of land or of a building is not affected by reason of a change of ownership, tenancy or occupancy of the land or building. 9.6.5 A non-conforming use within a part of a building, shall not be enlarged or added to and no structural alterations shall be made thereto or therein. 9.6.6 Non-conforming use of part of a site shall not be extended or transferred in whole or in part to any other part of the site and no additional buildings shall be erected upon the site while the non-conforming use continues. 9.6.7 When a building is a non-conforming or a non-complying building on a site, a subdivision of the site may be allowed if the proposed new site to be created complies in all other respects with the provisions of this Bylaw. 9.7 Variances 9.7.1 All requests for a variance shall be considered through the Development Permit application process, with applicable fee. A variance request form must be completed and shall include justification as to why the regulation cannot be adhered to. 9.7.2 The Development Officer may issue a decision on a variance request if the variance request is between 0.1% 75.0% of the stated standard. 9.7.3 The Development Officer shall refer a decision on a variance request between 75.1%- 100.0% of the stated standard to the Municipal Planning Commission (MPC) for decision. No variance request in excess of 100.0% shall be considered. 9.7.4 A variance may only be considered and granted if, in the opinion of the Development Authority, approval of the proposed variance does not: a. Unduly interferes with the amenities of the neighbourhood, or b. Materially interferes with or affect the use, enjoyment, or value of neighbouring parcels of land. 65 10.0 Signage 10.1 General Requirements for Signs 10.1.1 No sign shall be erected on land or affixed to any exterior surface of any building or structure unless a Development Permit has been issued in accordance with this section, unless exempted under subsection 10.2. 10.1.2 No sign shall be erected to obstruct free and clear vision or vehicular and pedestrian traffic, or at any location where it may interfere with any authorized traffic sign, signal, or device. 10.1.3 Signs shall be compatible with the general character of the prescribed District, to the satisfaction of the Development Authority. 10.1.4 No sign or any part of a sign is allowed in road allowances or County rights-of-way without consent from Alberta Transportation or the County's Transportation Services. 10.1.5 Signs shall not be located within an intersection or corner visibility triangle. 10.1.6 No sign or any part of a sign shall be within 3.0 m (9.8 ft.) of overhead power and services lines. 10.1.7 No sign shall violate the Canadian Code of Advertising Standards or any federal, provincial, or municipal law. 10.1.8 Unless provided for elsewhere within this Part, signs and their structures shall be located a minimum of 1.0 m from a property line, when located on private property. 10.1.9 Unless specifically permitted by this bylaw or by agreement with the County, a sign shall not be placed: a. On or over any curb, sidewalk, post, traffic control device, public utility pole, hydrant, boulevard, median, fence, tree, or other surface; b. Within or on any municipal owned property or occupied facility. 10.1.10 A sign with illumination or a sign with an electronic message feature shall not be allowed in residential zones. 10.1.11 All signs that are illuminated shall have the capacity to be dimmed to the satisfaction of the development authority. Signs that are illuminated shall not: a. Shine or reflect light directly onto neighbouring properties or, in the direction of oncoming traffic; b. Create hazards for pedestrians or motorists; or c. Be of an intensity or brightness that would interfere with the space, comfort, convenience, and general welfare of residents or occupants of Adjacent properties or, with vehicular traffic. d. Flashing lights or flashing messages are not permitted on any sign. 102 Exemption from Sign Provisions 10.2.1 A Development Permit is not required for the following: a. Signs displayed within a building, b. Signs displayed in or on an operational vehicle, c. Signs displayed on door plates, door boards or kick plates, d. Development information signs, e. Private sale signs, f. Sandwich board signs, g. Statutory and official notices and functional advertisements of local authorities and public transport authorities, h. Temporary signs, 66 ç i. Murals, j. Traffic, wayfinding, informational, and directional signs authorized by the County or a Provincial Authority, k. Notices of identification in respect professional business and trade name plates relating to the occupants of the land or buildings on which they are displayed, provided that: i. Each notice or name plate shall not exceed 0.2 m2 (2.1 ft2) in area, and ii. There shall be a limit of one notice for each occupant or each firm or company represented within the building, at one (1) entrance on each different road or Provincial Highway. I. Notices relating to the sale, lease, or rental of the buildings or land to which they are attached, provided that: i. The notices shall not be illuminated,each notice shall not exceed 0.5 m2 (5.3 ft2) in area, and ii. There shall be a limit of one (1) notice for each facade of the land or building that is adjacent to a public road or Provincial Highway. m. Any sign, notice placard, flag, banner sign or bulletin pursuant to the provisions of a municipal, provincial, or federal election, n. Notices of land or buildings used for religious, educational, cultural, recreational, medical, or similar public or quasi-public purposes, provided that: i. Each notice shall not exceed 1.0 m2 (10.7 ft2) in area, and o. Signs of building contractors relating to construction work in progress on the land on which signs are erected, provided that: i. Such signs shall be removed within fourteen (14) days of occupancy, and ii. Such signs shall be limited in size to a maximum of 3.0 m2 (32.2 ft2) and in number to one (1) sign for each boundary of the property under construction which fronts onto a public road or Provincial Highway. p. Temporary point of sale signs referring to sales which are displayed upon the premises upon or within which such sales will be or are being conducted, provided that: i. The signs shall not be illuminated and shall be constructed of paper, canvas, cardboard, or other light materials or painted on glass and intended to be displayed for a short period of time only. q. The replacement, or repair of a legally conforming existing sign with a sign that is of similar size and configuration as the sign being replaced/repaired, provided that the sign is not being changed from a non-illuminated to illuminated. Signage Requirements for Development Permits 10.2.2 A Development Permit is required for all signs, excluding those listed in subsection 10.2 of this Bylaw. 10.2.3 A Development Permit application shall include the following information: a. All dimensions of the sign, including height of the sign and sign structure, b. Area of copy, c. Design of copy, d. Type of construction and finishing to be utilized, e. Method of support, f. Material specification, g. Details of sign illumination, h. Distance from roadways, and i. Such other considerations as the Development Authority may deem to be relevant. 10.2.4 A site plan showing sign location in relation to the property boundaries and building fa ade. 67 103 Sign Types AWNING & CANOPY SIGN:means a sign which either forms part of, or is attached to, a retractable or permanently affixed to an awning or canopy. BILLBOARD SIGN: means a sign which stands independently of a building for the purposes of third-party advertising of a product or services. DIGITIAL SIGN: means a content distribution platform by which to playback digital content to one or many displays or screens. FASCIA SIGN: means a flat sign that is attached flush to a building facade or is painted on, this does not include murals. FREESTANDING SIGN: means a sign anchored directly to the ground or supported by one or more posts, columns or other vertical structures or supports, and not attached to or dependent for support from any building. INFLATABLE SIGN: means a sign that is inflated. MURAL: means graphic design, or artwork, painted directly on to a structure, and/or building that shall not convey an advertising message and does not include a fascia sign or an identification logo. PORTABLE SIGN: means a sign mounted on a frame, stand, or similar structure that is easily transported but does not include sandwich board signs. PROJECTING SIGN: means a sign that is attached to a wall of a building and horizontally extends more than 0.3 m (0.9 ft) from the face of that wall. ROOF SIGN: means any sign erected upon, against, or directly above a building. SANDWICH BOARD: means an "A" shaped form of freestanding sign, sometimes referred to as A-Frame, which is set on but not attached to the ground and has no external supporting structure for commercial or point-of-sale use. TEMPORARY SIGN: means a sign which is not permanently installed and is limited to advertising a yard sale, garage sale, or other special event. This may include inflatable signs or banner signs advertising a specific event for a specified period of time, an event of limited duration. Signs Fascia Projecting Awning/ Canopy Sandwich Board Portable Roof Freestanding Billboard Inflatable Temporary 68 10.4 Awning & Canopy Signs 10.4.1 A Development Permit is required for Awning & Canopy Signs and must meet the standards of subsection 10.1 General Regulations and 10.5 Awning & Canopy Signs. 10.4.2 Awning & Canopy Signs will be considered in all Districts. 10.4.3 Within Commercial Districts, where the front portion of the building extends out to the front lot line, the canopy or awning sign shall not project more than 2.0 m (6.5 ft.) over the sidewalk. 10.4.4 Awning & Canopy Signs shall: a. Be constructed of durable, waterproof, colorfast material, b. Be attached to the structure to which it refers, c. Have a minimum projection of 0.6 m (1.9 ft.) from the building, and d. Have a minimum clearance of 3.0 m (9.8 ft.) between the lowest point of the canopy or awning and the sidewalk or grade. 105 Billboard Signs 10.5.1 A Development Permit is required for Billboard Signs and must meet the standards of subsection 10.1 General Regulations and 10.6 Billboard Signs. 10.5.2 Billboard Signs will be considered in all Districts, except for residential districts. 10.5.3 Billboard signs shall be limited to: a. The advertising of facilities and activities located within the County, or within a 50.0 km (31.0 mi) radius of the County, b. The provisions of subsection 10.2 apply to billboard signs that are affixed to semi-trailer trucks that are located on a lot for advertising purposes. 10.5.4 The maximum dimensions for a Billboard Sign are: a. 35.0 m2 (376.7 ft2) sign area, and b. 12.0 m (39.3 ft.) sign height. 10.5.5 Standards for Billboard Signs are as follows: a. Shall be minimum 90.0 m (295.2 ft.) apart from any other Billboard Sign, b. Shall be setback at a minimum of 5.0 m (16.4 ft.) from any property line, and c. The sign copy must be 2.4 m (7.8 ft.) above ground level. Shall be positioned so that it does not obstruct the horizon line when it is viewed from vehicular traffic travelling past it from any direction, d. Shall not project over public property or be placed on a road right-of-way. 10.6 Digital Signs 10.6.1 A Development Permit is required for Digital Signs and must meet the standards of subsection 10.1 General Regulations and 10.7 Digital Signs. 10.6.2 Digital signs are permitted in all Districts, except in residential districts. 10.6.3 Standards for Digital Signs are as follows: a. Digital copies shall be a static image that shall be displayed for a minimum of six (6) seconds or longer, as required by the Transportation Department, before transitioning to a new message or image, b. Transitions between static images shall be less than one (1) second, and 69 c. The sign containing the digital copy shall be located such that the sign does not obscure a driver's decision point. The Development Authority shall be satisfied that the digital copy area: i. Does not physically obstruct the sightlines or view of a traffic control device or traffic control signal for oncoming vehicle traffic, ii. Is not located in the field of view near or past the traffic control device or traffic control signal in the sightlines of oncoming vehicle traffic, ii Is not located in the field of view near or past other traffic conflict points such as intersections, merge points, exit ramps, or curved roadways, and k Illumination does not compete with or dull the contrast of the traffic control device or traffic control signal for oncoming vehicle traffic. 10.6.4 All digital copies shall come equipped with automatic dimming technology which automatically adjusts the sign's brightness in direct correlation with ambient light conditions. 10.6.5 A digital copy shall not exceed a brightness level of 400 nits. 10.6.6 Any digital copy that is not able to display a clear and legible copy due to the lights of the digital copy face not working correctly should be turned off until digital copy has been repaired. 10.6.7 Any digital copy adjacent to Residential Districts shall not be lit between the hours of 11:00 p.m. and 7:00 a.m. 10.6.8 Flashing lights or flashing messages are not permitted on any sign. 10.7 Fascia Signs 10.7.1 A Development Permit is required for Fascia Signs and must meet the standards of subsection 10.1 General Regulations and 10.8 Fascia Signs. 10.7.2 Fascia Signs will be considered in all Districts, except for residential districts unless associated with a multi- residential building. 10.7.3 The maximum dimensions for a Fascia Sign are: a. Sign area 40% of the building fagade. 10.7.4 Standards for Fascia Signs are as follows: a. Shall be projected a maximum of 0.3 m (0.9 ft.) above the highest point of the vertical facade, b. Shall have no exposed wiring or bulbs, c. May be illuminated and may include changeable copy, d. Shall not be illuminated when directly abutting a residential parcel, or where it could have an adverse impact on a residential parcel, e. For attached fascia signs, shall be safely and securely attached to the building by means of metal anchors, bolts, or expansion screws, and f. Shall not project more than 0.5 m (1.6 ft.) above the highest point of the vertical fagade to which the sign is attached. 10.8 Freestanding Signs 10.8.1 A Development Permit is required for Freestanding Signs and must meet the standards of subsection 10.1 General Regulations and 10.9 Freestanding Signs. 10.8.2 Freestanding Signs will be considered in all Districts, except for residential districts unless associated with a multi-residential building. 10.8.3 One (1) freestanding sign may be allowed on a residential lot to identify the name of an apartment, a multi-unit development, a Mobile Home Park, or a neighbourhood park. 70 10.8.4 The maximum dimensions for a Freestanding Sign are: a. Residential District, 1.5 m2 (16.1 ft2) sign area, b. Residential District 1.5 m (4.9 ft.) sign height, c. Non-Residential District, 7.0 m2 (75.3 ft2) sign area, and d. Non-Residential District, 12.0 m (39.3 ft.) sign height. 10.8.5 Standards for Freestanding Signs are as follows: a. Shall be located on the site of the building or land use to which the sign refers, except where the sign is approved to contain third-party advertising, b. Shall not project over any property line, c. In the Agricultural District, the setback shall be a minimum of 300.0 m (984.2 ft.) from another free- standing sign, and d. The area around Freestanding Signs shall be kept clean and free of overgrown vegetation and free from refuse material, e. Be separated a minimum of: i. 30.0 m from any other freestanding sign; and ii. 1.0 m from a property line adjacent to a road. 10.9 Inflatable Signs 10.9.1 A Development Permit is not required for Inflatable Signs, however must meet the standards of subsection 10.1 General Regulations and 10.10 Inflatable Signs. 10.9.2 Inflatable Signs will be considered in all Districts, except for residential districts. 10.9.3 Standards for Inflatable Signs are as follows: a. Shall be affixed securely to the ground by tethers and anchors, and b. Shall be a minimum of 10.0 m (32.8 ft.) from power and service lines and road rights-of-way and located no higher than 10.0 m (32.8 ft.) above grade. 10.10 Portable Signs 10.10.1 A Development Permit is required for Portable Signs and must meet the standards of subsection 10.1 General Regulations and 10.11 Portable Signs. 10.10.2 Portable Signs will be considered in all Districts. 10.10.3 The maximum dimensions for a Portable Sign are: a. 5.0 m2 (53.8 ft2) sign area, and b. 3.0 m (9.8 ft.) sign height. 10.10.4 Standards for Portable Signs are as follows: a. Only one (1) portable sign per parcel, b. Shall only be placed on the ground and not permanently fastened, c. May be issued for a maximum of ninety (90) days, or longer at the discretion of the Development Authority, and d. A portable sign shall not be placed within a road right-of-way or on public property unless consent is received from the County. 71 10.11 Projecting Signs 10.11.1 A Development Permit is required for Projecting Signs and must meet the standards of subsection 10.1 General Regulations and 10.12 Projecting Signs. 10.11.2 Projecting Signs will be considered in all Districts, except for residential districts unless associated with a multi- residential building. 10.11.3 The maximum dimensions for a Projecting Sign are: a. Industrial Districts, 9.0 m2 (96.8 ft2) sign area, b. Non-lndustrial Districts, 5.0 m2 (53.8 ft2) sign area. 10.11.4 Standards for Projecting Signs are as follows: a. Shall not project more than 2.0 m (6.5 ft.) from the building facade, b. Shall not be placed at a height less than 2.4 m (7.8 ft.) from grade to the bottom of the sign, c. Shall not project above the roof or parapet of a building, d. Shall not be located within 0.6 m (1.9 ft.) from the back of the curb of a public road, e. Shall be fixed in place, f. One (1) sign per each business frontage, and g. Businesses located in the same building may combine their allowable sign areas to form a single projecting sign. 10.12 Roof Signs 10.12.1 A Development Permit is required for Roof Signs and must meet the standards of subsection 10.1 General Regulations and 10.13 Roof Signs. 10.12.2 Roof Signs will be considered in all Districts except for residential districts. 10.12.3 The regulations and maximum dimensions for a Roof Sign are: a. The sign shall be attached to the front edge of the roof, b. 20% of the area formed by the building fagade, and c. 1.0 m (3.2 ft.) sign height. 10.12.4 Roof Signs shall not rotate or employ any flashing or intermittent lights, devices or means to create the impression of flashing lights. 10.12.5 Roof Signs shall have a minimum building clearance of 1.2 m (3.9 ft.). 72 11.0 Enforcement 11.1 Contravention 11.1.1 In accordance with the Act, the Development Authority may enforce provisions of the Act and the Matters Related to Subdivision and Development Regulation, the conditions of a Development Permit, Subdivision approval, and this Bylaw. Enforcement may be made by written notice of contravention, written stop order notice, or any other authorized action to ensure compliance. 11.12 In accordance with the Act, the Development Authority may enforce the provisions of the Act and this Bylaw by written order requiring the person responsible for the contravention to remedy it if the circumstances so require. 11.13 No person(s) shall contravene this bylaw, or a condition of a Development Permit or Subdivision approval issued under this bylaw. 112 Cancellation, Suspension or Modification 1121 The Development Authority may cancel, suspend, or modify a Development Permit by written notice to the permit holder if, after a Development Permit has been approved and/or issued, the Development Authority becomes aware that: a. The development application contains a misrepresentation, b. Facts concerning the application, or the development were not disclosed which should have been disclosed at the time the application was considered, c. The Development Permit was issued in error, d. The applicant withdrew the application byway of written notice, or e. The Development Permit or the condition(s) imposed in the Development Permit have not been complied with. 1122 A person whose Development Permit is cancelled, suspended, or modified, or a person who received a written notice for a Subdivision or Development Permit contravention, under this subsection may appeal to the Appeal Authority in accordance with the Act and Section 7.0 of this Bylaw. 113 Entry to Property Regarding Land Use, Development & Subdivision Matters 113.1 After providing reasonable notice to the owner or occupant in accordance with Section 542 of the Act, the Development Authority may enter the property at any reasonable time to ensure that the Bylaw requirements are being complied with. 1132 Entry to the property shall be in accordance with Section 542 of the Act. 11.4 Specified Penalties 11.4.1 Pursuant to the Planning and Development Schedule of Fees and Fines Bylaw, as amended. 11.42 Nothing in this bylaw diminishes or in any way affects the: a. Provisions of the Municipal Government Act relating to offences and penalties; and b. The rights of the County pursuant to the Municipal Government Act or at common law to seek an entry order, order for compliance, injunction, or any other order to obtain compliance with this bylaw. 73 115 Stop Order & Enforcement 115.1 Upon determination that a development, land use, or use of a building is not in compliance with the Act, this Bylaw, a development permit, or Subdivision approval, The Development Authority or Enforcement Officer may, by written notice, order the owner, the person in possession of the land or buildings, or the person responsible for the contravention or all or any of them to: a. Stop the development or use of the land or buildings in whole or in part as directed by the notice, b. Demolish, remove, replace the development or landscaping, and/or c. Take such other measures as are specified in the notice so that the development or use of the land or buildings is in accordance with the Act,and in compliance with a Development Permit, Subdivision approval, or this Bylaw as the case may be, within the time specified by the notice. 1152 The Order shall specify a timeline for compliance and shall: a. Specify the date that the Order was made. b. Be given or sent to the person or persons subject to the Order on the same day the Order is made. c. Contain any other information required by the regulations. d. State that if the person does not comply with the Order within the specified time, the municipality may, in accordance with the Act, enter on the land or building and take any action necessary to carry out the order. 1153 The County may register a caveat, under the Land Titles Act,against the Certificate of Title for the land that is subject to the Order, provided that the caveat is discharged when the Order has been complied with. 115.4 The County's costs of conducting any actions required for compliance may be added to the tax roll of the land subject to the Order. 1155 Orders can be appealed in accordance with the Act. 74 12.0 Land Use Districts 12.1 Establishment of Districts 12.1.1 For the purposes of this Bylaw, Lac La Biche County is divided into the following Districts. See Appendix A: Land Use Maps for more information. LAND USE DISTRICT DISTRICT PURPOSE AND INTENT AGRICULTURAL DISTRICT (AG) The general purpose and intent of the Agricultural District (AG) is to maintain and preserve land for productive agricultural uses and to allow for subdivisions and development for residential use compatible within the farming community. AIRPORT DISTRICT (AIR) The general purpose and intent of the Airport District (AIR) is to promote orderly operation of the Lac La Biche Airport with a range of associated uses that are directly related to, compatible with, and in support of the airport. Development within this district must comply with the Lac La Biche Airport Area Structure Plan (Bylaw 20-033). This District is intended for aviation related uses that require access to aprons and taxiways. Typical uses would include aviation support services, aircraft hangars, aircraft maintenance, aviation related storage, warehousing, and distribution facilities. This District is not intended to control aeronautics. PUBLIC INSTITUTIONAL DISTRICT (PI) The general purpose and intent of the Public Institutional District (PI) is to provide for cultural, educational, recreational, and institutional land uses within the County. MUNICIPAL RESERVE DISTRICT (MR) The general purpose and intent of the Municipal Reserve District (MR) is to provide for public uses in accordance with the Act. ENVIRONMENTAL RESERVE DISTRICT (ER) The general purpose and intent of the Environmental Reserve District (ER) is to regulate development that supports the protection, preservation, and enhancement of the County's high priority landscapes, environmentally significant areas, and other natural areas. CROWN LAND DISTRICT (CL) The general purpose and intent of Crown Land District (CL) is to establish a Land Use District that applies to all Provincially controlled lands within Lac La Biche County. RESORT RECREATIONAL DISTRICT (RR) The general purpose and intent of the Resort Recreational District (RR) is to provide areas of open spaces and recreational uses within the County. RURAL RESIDENTIAL DISTRICT (RU) The general purpose and intent of the Rural Residential District (RU) is to provide the opportunity for large lot rural residential development that complements the County's rural lifestyle in appropriate locations. COUNTRY RESIDENTIAL DISTRICT (CR) The general purpose and intent of the Country Residential District (CR) is to allow for the development of country residential subdivisions which feature small sized lots, planned usually in clustered developments. HIGH DENSITY RESIDENTIAL DISTRICT (HDR) The general purpose and intent of the High Density Residential District (HDR) is to provide the opportunity for high density residential development within hamlets with the inclusion of amenity space. 75 LOW DENSITY RESIDENTIAL DISTRICT (LDR) The general purpose and intent of the Low Density Residential District (LDR) is to provide development opportunities for low density housing, mainly single detached dwelling units within hamlet boundaries. MOBILE HOME COMMUNITY DISTRICT (MHC) The general purpose and intent of the Mobile Home Community District (MHC) is to provide for orderly development of mobile home communities, either as mobile home parks or mobile home subdivisions. HIGHWAY COMMERCIAL DISTRICT (HWC) The general purpose and intent of the Highway Commercial District (HWC) is to provide expansive commercial land for types of development which may include large shopping centers such as "Big Box Stores" and of hotel/ motel facilities that will cater to the needs of the community and regional area. CENTRAL COMMERCIAL DISTRICT (CC) The general purpose and intent of the Central Commercial (CC) District is to accommodate commercial uses which will serve the needs of residents in designated hamlets. NEIGHBOURHOOD COMMERCIAL DISTRICT (NC) The general purpose and intent of the Neighbourhood Commercial District (NC) is to provide for uses, which are intended to serve the day-to-day needs of residents within residential neighbourhoods. This District shall be located at the edge of a neighbourhood, and development shall be sensitive and in scale with adjacent residential development. LIGHT INDUSTRIAL DISTRICT (LI) The general purpose and intent of the Light Industrial (LI) District is to accommodate a range of industrial and commercial uses which may have outdoor storage or work activities, and which are located within or adjacent to a Hamlet Boundary. Typical uses in this District do not create any nuisance factors that extend beyond the boundaries of the parcel to ensure that the development is compatible with other non-industrial uses. GENERAL INDUSTRIAL DISTRICT (Gl) The general purpose and intent of the General Industrial District (Gl) is to provide for industrial businesses that may carryout a portion of their operation outdoors or require large outdoor storage areas, such that no nuisance is created or apparent beyond the site. This District should generally not be located adjacent to Residential Districts. HEAVY INDUSTRIAL DISTRICT (HI) The general purpose and intent of the heavy industrial district (hi) is to provide for industrial uses that, due to their appearance, noise, odour, risk of toxic emissions, or fire and explosion hazards are incompatible with residential, commercial, and other land uses. This district should normally be located in areas that do not interfere with the safety, use, amenity, or enjoyment of any surrounding districts. DIRECT CONTROL COUNCIL DISTRICT (DCC) The general purpose and intent of Direct Control Council Districts are to be applied to areas determined by Council, in accordance with the Act, to be unique or of special character or where particular circumstances or difficulties are present. They are intended to ensure that land use and development occurs in these areas in accordance with any applicable provisions prescribed for such areas in a statutory plan in effect or to be put in effect to specifically guide the implementation and administration of a Direct Control District. This District is not intended to be used as a substitution for any other Land Use District in this Bylaw that could be used to achieve the same result. 76 DIRECT CONTROL ONE DISTRICT (DC1) The purpose of the Direct Control One District (DC1) is to provide for recreational resort development within the Elinor Lake Resort in association with amenity features, as indicated in Figure 01: Direct Control One District (DC1), and in compliance with an approved Area Structure Plan and in accordance with the County's Statutory Plan hierarchy. DIRECT CONTROL TWO DISTRICT (DC2) The purpose of the Direct Control Two District (DC2) is to accommodate the development and operation of a provincially approved regional landfill site on all that portion of Pt. NE-26-65-16-W4M and NW-25-65-16- W4M containing +/- 89.0 ha (219.9 ac) more or less. The purpose is to regulate it consistent with the Alberta Environmental Protection and Enhancement Act, and the applicable regulations under that Act as indicated in Figure 02: Direct Control Two District (DC2). DIRECT CONTROL THREE DISTRICT (DC3) The purpose of the Direct Control Three District (DC3) is to provide orderly development of the Pine Lane Mobile Home Park located within NE-36- 66-15-W4M containing approximately 64.3 ha (158.9 ac) more or less, as indicated in Figure 03: Direct Control Three District (DC3). DIRECT CONTROL FOUR DISTRICT (DC4) The purpose of the Direct Control Four District (DC4) is to provide orderly development of the Lac La Biche Shooting Association lease land located on the NW-10-67-14-W4M containing approximately 63.3 ha (156.4ac) more or less, as indicated in Figure 04: Direct Control Four District (DC4). 77 12.1.2 Summary Table The land use summary table below provides an overview of the permitted and discretionary uses in each district.If there are discrepancies between this table and those uses outlined in the districts, the uses outlined in the districts shall prevail. Permitted (P) and Discretionary (D) Uses by Land Use District LAND USE AG AIR PI CL RR RU CR HDR LDR MHC HWC CC NC LI Gl HI Abattoir D D P Accessory Building, Structure or Use P P P P P P P P P P P P P P P P Agricultural Service Facility P P P P Agricultural, Intensive P D P P P P Agricultural, Processing P D P P P Agricultural, Restricted P P P P Agri-Tourism P D D Aircraft Hanger P P Aircraft Sales/Rentals P P Airport & Aviation Support Services P P Airport Fueling & Provisioning Services P P Airport Maintenance & operations P P Animal Grooming P P P P P P P P P Animal Service Facility P D P D P Auction Facility D P P P Automotive Dealership P P D P P 78 LAND USE AG AIR PI CL RR RU CR HDR LDR MHC HWC CC NC LI Gl HI Animal Grooming P P P P P P P P P Animal Service Facility P D P D P Auction Facility D P P P Automotive Dealership P P D P P Automotive Services & Equipment P P D P P Auto Wrecking D P Backyard Coop& Hens P P P Bed & Breakfast P P P D Borrow Pit P P Breweries D D P P P P P Bulk Fuel & Chemical Storage P P P P P Campground Cannabis Production Facility P P D P P Care Facility, Child P D D *D D D P P P Care Facility, Clinic P *D P P P Care Facility, Group P D D D Care Facility, Medical P P D Cemetery P Clustered Farm Dwelling P Commercial Facility D P P P P P Communications Tower P P Contractor Services D D P P P P P P Control Tower P 79 LAND USE AG AIR PI CL RR RU CR HDR LDR MHC HWC CC NC LI Gl HI Deck P P P P P P P P P P P P P P P P Dwelling, Duplex/Semi D D D D Dwelling, Mobile Home P P P P Dwelling, Multi-Lot P Dwelling, Single Detached P P P P Equestrian Center P D D Establishment, Eating & Drinking P P P *D D D P P P P P Establishment, Entertainment D P P P D Establishment, Restricted D D D D D Farmers Market P P P P P Fixed Base Operator P P Funeral Services P P D P Golf Course P P Government Services P P P P P D P Gun Range D Heavy Equipment Sales, Services, Storage & Rentals P D P P Home-Based Business, Major P D D D Home-Based Business, Minor P P P P P P Hotel/Motel P P P P D Marina P Meteorological Installation P P 80 LAND USE AG AIR PI CL RR RU CR HDR LDR MHC HWC CC NC LI Gl HI Modular/ Manufactured Home Display & Sales P Multi-Use Building/ Development P P P Natural Resource Extraction/ Processing D P D P Navigational installation P P Office P P P P *D D P P P P P P P Park P P Park Model P P P P Parking Facility D P P P P P P P P Personal Service P P D *D D P P P P P Professional Services P *D P P P P P Railroad Yard D P D D P Recreation,Outdoor D P P P P Recreation, Private P P P P *D D P P P P P Recreation, Public P P P P P P Recycling Facility P P D D D D P Religious Assembly P D Resort Accommodations P Retail Store, Cannabis P P P P P Retail Store, Convenience P P P *D D P P P P P Retail Store, General D P P *D P P P P P Salvage Yard D P 81 LAND USE AG AIR PI CL RR RU CR HDR LDR MHC HWC CC NC LI Gl HI School P School, Commercial P P P P School, Post Secondary P Sea Can P P P P P P D D D P P P Secondary Suite, Accessory P P D D Secondary Suite, Principal P P P P Security Suite P P P P P P P Service Station P P P P P P Storage, Indoor P P P P P P P P P P P Storage,Outdoor P P D P D D P P D D P P P Terminal Building P P Timber Harvesting P P Veterinarian Service, Major P P D D P Veterinarian Service, Minor P P P P P P Warehouse P D P P P Waste Transfer Site D D P Work Camp,Closed D P D P Work Camp, Open D P 82 122 Establishment of Boundaries 12.21 The boundaries on the Land Use Maps shall be interpreted as follows: a. Where a boundary is shown as following a street or lane, it shall be deemed to follow the center line thereof, b. Where a boundary is shown as approximately following a lot line, it shall be deemed to follow the lot line, c Where Land Use Districts have been established in accordance 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. Upon registration, the District boundary shall be adjusted by the Development Authority in accordance with the plan of survey or descriptive plan, and d. In circumstances not covered by a, b, or c above, the location of the District boundary shall be determined by the Development Authority by measurement, and use of the scale shown on the Land Use Map, e. All public roads and rail lines are excluded from any of the land use districts under this bylaw. 12.22 Where the application of the above rules does not determine the exact location of the boundary of a District, or if there is a dispute regarding the exact boundary of a District, Council may determine the boundary, either: a. On its own motion, or b. Upon written application being made to it by any person requesting the determination of the exact boundary in question. 12.2.3 After Council has fixed a District boundary, the portion of the boundary so fixed shall not be thereafter altered except by an amendment of this Bylaw. 12.2.4 Administration shall maintain a list of its decisions with respect to boundaries or portions thereof fixed by it. 83 123 Agricultural District (AG) 12.3.1 The general purpose and intent of the Agricultural District (AG) is to maintain and preserve land for productive agricultural uses and to allow for subdivisions and development for residential use compatible within the farming community. Permitted Uses Discretionary Uses Accessory Building, Structure or Use Agricultural Service Facility Agriculture, Intensive Agriculture, Processing Agriculture, Restricted Agri-Tourism Animal Grooming Animal Service Facility Bed & Breakfast Borrow Pit Care Facility, Child Clustered Farm Dwellings Communication Tower Deck Dwelling, Mobile Home Dwelling, Single Detached Equestrian Center Farmers Market Home-Based Business, Minor Home-Based Business, Major Office Park Model Personal Service Recreation, Private Sea Can Secondary Suite, Accessory Secondary Suite, Principal Security Suite Storage, Indoor Storage, Outdoor Timber Harvesting Veterinarian, Major Veterinarian, Minor Abattoir Auction Facility Breweries Commercial Facility Contractor Services Gun Range Natural Resource Extraction/Processing Parking Facility Railroad Yard Recreation, Outdoor Retail Store, General Work Camp, Closed Work Camp, Open 84 12.3.2 General regulations for development in the Agricultural District (AG): Minimum Parcel Size 2.0 ha (5.0 ac) Minimum Front Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 7.6 m (24.9 ft.) all other cases Minimum Rear Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 7.6 m (24.9 ft.) all other cases Minimum Side Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 6.1 m (20.0 ft.) all other cases Minimum Setback from a Wetland, Watercourse or Waterbody 30.0 m (98.4 ft.) or at the discretion of the Development Authority 12.3.3 Additional Requirements: a. If any subdivision creates in excess of two (2) or more parcels per quarter section, river lot, or settlement parcel, rezoning to an appropriate District will be required, b. In addition to the regulations listed above, permitted, and discretionary uses are subject to the applicable regulations, provisions and requirements contained within the other sections of this Bylaw. 85 12.4 Airport District (AIR) 12.4.1 The general purpose and intent of the Airport District (AIR) is to promote orderly operation of the Lac La Biche Airport with a range of associated uses that are directly related to, compatible with, and in support of the airport. Development within this district must comply with the Lac La Biche Airport Area Structure Plan (Bylaw 20-033). This District is intended for aviation related uses that require access to aprons and taxiways. Typical uses would include aviation support services, aircraft hangars, aircraft maintenance, aviation related storage, warehousing, and distribution facilities. This District is not intended to control aeronautics. Permitted Uses Accessory Building, Structure or Use Aircraft Hangar Aircraft Sales/Rentals Airport & Aviation Support Services Airport Fueling & Provisioning Services Airport Maintenance & Operations Bulk Fuel & Chemical Storage Control Tower Deck Establishment, Eating & Drinking Fixed Base Operator Government Services Meteorological Installation Navigational Installation Office Parking Facility Professional Service Retail, Convenience Sea Can Security Suite Storage, Indoor Storage, Outdoor Terminal Building 86 12.4.1 General regulations for development in the Airport District (AIR): Minimum Front Yard Setback 4.6 m (15.0 ft.) Minimum Side Yard Setback 1.0 m (3.2 ft.) Minimum Rear Yard Setback Taxiway A - 15.0 m (49.2 ft.) Taxiway B - 20.0 m (65.6 ft.) Taxiway C - 26.0 m (85.3 ft.) All Other Areas 3.3 m (10.8 ft.) Measurement is wingtip to object clearance (any building or object within the lease area) Maximum Height At the discretion of the Development Authority and in accordance with the Obstacle Limitation Surface (OLS) Minimum Setback from a Waterbody or Water Course 30.0 m (98.4 ft.) or at the discretion of the Development Authority Maximum Lease or Lot Coverage 75% 12.4.2 Additional Requirements: a. Parking, loading, storage, garbage collection, and outdoor service areas shall be located to the rear or sides of buildings and shall be screened from view from public roads. Garbage shall be contained and covered to deter animals and birds, b. In addition to the regulations listed above, permitted and discretionary uses are subject to the applicable regulations, provisions, and requirements contained within the other sections of this Bylaw. 87 Lac La Biche Airport Legend Building | Taxiway Green Space Runway Runway 88 125 Public Institutional District (PI) 12.5.1 The general purpose and intent of the Public Institutional District (PI) is to provide for cultural, educational, recreational, and institutional land uses within the County. Permitted Uses Discretionary Uses Accessory Building, Structure or Use Care Facility, Clinic Care Facility, Group Care Facility, Medical Cemetery Commercial Facility Deck Equestrian Center Establishment, Eating & Drinking Farmers Market Golf Course Government Service Office Park Parking Facility Recreation, Outdoor Recreation, Private Recreation, Public Religious Assembly Retail Store, Convenience Retail Store, General School School, Commercial School, Post Secondary Storage, Indoor Storage, Outdoor 89 12.5.2 General regulations for development in the Public Institutional District (PI): Minimum Parcel Size At the discretion of the Development Authority Minimum Parcel Width 50.0 m (164.0 ft.) Maximum Lot Coverage 60% Minimum Landscaping 15% Minimum Front Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 7.6 m (24.9 ft.) all other cases Minimum Side Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 6.1 m (20.0 ft.) all other cases Minimum Rear Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 7.0 m (22.9 ft.) all other cases Maximum Height At the discretion of the Development Authority Minimum Setback from a Wetland, Watercourse or Waterbody 30.0 m (98.4 ft.) or at the discretion of the Development Authority 12.5.3 Additional Requirements: a. In addition to the regulations listed above,permitted and discretionary uses are subject to the applicable regulations, provisions and requirements contained within the other sections of this Bylaw. 90 12.6 Municipal Reserve District (MR) 12.6.1 The general purpose and intent of the Municipal Reserve District (MR) is to provide for public uses in accordance with the Act. Permitted Uses Discretionary Uses Accessory Building, Structure or Use Park Sea Can 12.6.2 General regulations for development in the Municipal Reserve District (MR): a. All District requirements shall be at the discretion of the Development Authority. 12.6.3 Additional Requirements: a. This District may include Municipal School Reserve Lands, b. In addition to the regulations listed above, permitted, and discretionary uses are subject to the applicable regulations, provisions and requirements contained within the other sections of this Bylaw, c The minimum setback to a wetland, watercourse or waterbody is 30.0 m (98.4 ft.) or to the discretion of the Development Authority. 12.7 Environmental Reserve District (ER) 12.7.1 The general purpose and intent of the Environmental Reserve District (ER) is to regulate development that supports the protection, preservation, and enhancement of the County's high priority landscapes, environmentally significant areas, and other natural areas, in accordance with the Act. Permitted Uses Park 12.7.2 General regulations for development in the Environmental Reserve District (ER): a. All District requirements shall be at the discretion of the Development Authority. 12.7.3 Additional Requirements: a. The Development Authority may require technical studies completed by a qualified professional to determine the suitability of site development within this District. 91 12.8 Crown Land District (CL) 12.8.1 The general purpose and intent of Crown Land District (CL) is to establish a Land Use District that applies to all Provincially controlled lands within Lac La Biche County. Permitted Uses Discretionary Uses Accessory Building, Structure or Use Agriculture, Restricted Aircraft Hangar Aircraft Sales/Rentals Airport & Aviation Support Services Airport Fueling & Provisioning Services Airport Maintenance & Operations Borrow Pit Bulk Fuel & Chemical Storage Campground Control Tower Deck Fixed Base Operator Meteorological Installations Natural Resource Extraction/ Processing Navigational Installations Railroad Yard Recreation, Outdoor Recreation, Private Recreation, Public Recycling Facility Sea Can Security Suite Storage, Indoor Storage, Outdoor Terminal Building Timber Harvesting Work Camp, Closed Work Camp, Open Waste Transfer Site 92 12.8.2 General regulations for development in the Crown Land District (CL): a. The development setback distances are at the discretion of the Development Authority. 12.8.3 Additional Requirements: a. In addition to the regulations listed above, permitted and discretionary uses are subject to the applicable regulations, provisions, and requirements contained within the other sections of this Bylaw, b. The minimum setback to a wetland, watercourse or waterbody is 30.0 m (98.4 ft.) or to the discretion of the Development Authority, c A Development Permit for any use in this District may be issued by the Development Authority subject to a disposition being obtained from the Provincial Authority, d. Additional regulations may be required by federal and provincial departments and agencies. 93 12.9 Resort Recreational District (RR) 12.9.2 The general purpose and intent of the Resort Recreational District (RR) is to provide areas of open spaces and recreational uses within the County. Permitted Uses Discretionary Uses Accessory Building, Structure or Use Campground Community Facility Deck Establishment, Eating & Drinking Farmers Market Golf Course Hotel/Motel Marina Office Park Park Model Personal Service Recreation, Outdoor Recreation, Private Recreation, Public Resort Accommodations Retail Store, Convenience Retail Store, General Sea Can Security Suite Service Station Storage, Indoor Agri-Tourism Breweries Equestrian Center Establishment, Entertainment Storage, Outdoor 94 12.9.3 General regulations for development in the Resort Recreational District (RR): Minimum Parcel Size At the discretion of the Development Authority Minimum Landscaping 25% Minimum Front Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 7.6 m (24.9 ft.) in all other cases Minimum Side Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 6.1 m (20.0 ft.) in all other cases Minimum Rear Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 7.6 m (24.9 ft.) in all other cases Maximum Height 15.0 m (49.2 ft.) Minimum Setback from a Wetland, Watercourse or Waterbody 30.0 m (98.4 ft.) or at the discretion of the Development Authority 12.9.4 Additional Requirements: a. In addition to the regulations listed above,permitted and discretionary uses are subject to the applicable regulations, provisions, and requirements contained within the other sections of this Bylaw. 95 12.10 Rural Residential District (RU) 12.10.1 The general purpose and intent of the Rural Residential District (RU) is to provide the opportunity for large lot rural residential development that complements the County's rural lifestyle in appropriate locations. Permitted Uses Discretionary Uses Accessory Building, Structure or Use Animal Grooming Backyard Coop & Hens Bed & Breakfast Deck Dwelling, Mobile Home Dwelling, Single Detached Home-Based Business, Minor Park Model Sea Can Secondary Suite, Accessory Secondary Suite, Principal Agriculture, Intensive Agriculture, Processing Agri-Tourism Animal Service Facility Care Facility, Child Care Facility, Group Contractor Services Dwelling, Duplex/Semi Equestrian Center Home-Based Business, Major Storage, Outdoor 12.10.2 General regulations for development in the Rural Residential District (RU): Minimum Lot Area 4.0 ha (10.1 ac) Maximum Lot Area 16.0 ha (40.0 ac) Minimum Lot Width 30.0 m (98.4 ft.) all other cases Minimum Front Yard Setbacks 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 7.6 m (24.9 ft.) all other cases Minimum Rear Yard Setbacks 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 7.6 m (24.9 ft.) all other cases Minimum Side Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 3.0 m (9.8 ft.) all other cases Maximum Building Height 10.5 m (34.4 ft.) Minimum Setback from a Waterbody or Water Course 30.0 m (98.4 ft.) or to the discretion of the Development Authority 96 12.10.3 Additional Requirements: a. In addition to the regulations listed above, permitted, and discretionary uses are subject to the applicable regulations, provisions, and requirements contained within the other sections of this Bylaw. 97 12.11 Country Residential District (CR) 12.11.1 12.11.2 The general purpose and intent of the Country Residential District (CR) is to allow for the development of country residential subdivisions which feature small sized lots, planned usually in clustered developments. Permitted Uses Discretionary Uses Accessory Building, Structure or Use Animal Grooming Backyard Coop & Hens Bed & Breakfast Deck Dwelling, Mobile Home Dwelling, Single Detached Home-Based Business, Minor Park Model Sea Can Secondary Suite, Principal Care Facility, Child Care Facility, Group Dwelling, Duplex/Semi Home-Based Business, Major Secondary Suite, Accessory General regulations for development in Country Residential Districts (CR): Minimum Lot Area 0.007 ha (0.18 ac) Maximum Lot Area 4.0 ha(10.0ac) Minimum Lot Width 15.0 m (49.2 ft.) Minimum Front Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 6.1 m (20.0 ft.) all other cases Minimum Rear Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 3.0 m (9.8 ft.) all other cases Minimum Side Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 1.8 m (5.9 ft.) Lot subdivided prior to January 1960 3.0 m (9.8 ft.) all other cases Maximum Building Height 10.5 m (34.4 ft.) Minimum Setback from a Wetland, Watercourse, or Waterbody 30.0 m (98.4 ft.) or to the discretion of the Development Authority 98 12.11.3 Additional Requirements: a. In addition to the regulations listed above, permitted and discretionary uses are subject to the applicable regulations, provisions, and requirements contained within the other sections of this Bylaw. 12.11.4 Sea Can Special Requirements: a. Sea Cans shall not be permitted in the Country Residential (CR) District located within any hamlet boundary, b. A discretionary Development Permit may be considered on a Country Residential (CR) District zoned lot outside of any hamlet boundaries that is a minimum size of 0.41 ha (1.0 ac). 99 12.12 High Density Residential District (HDR) 12.12.1 The general purpose and intent of the High Density Residential District (HDR) is to provide the opportunity for concentrated residential development within hamlets with the inclusion of amenity space. Permitted Uses Discretionary Uses Accessory Building, Structure or Use Deck Dwelling, Multi-Unit Home-Based Business, Minor Multi-Use Building: Accessory Uses* *Care Facility, Child *Office *Personal Services *Professional Services *Retail Store, Convenience Dwelling, Duplex/Semi Accessory Developments to Multi-Use Building: Accessory Uses* *Care Facility, Clinic *Establishment, Eating & Drinking *Recreation, Private *Retail Store, General *Allowable Non-Residential Uses Under the Multi-Use Building in the HDR District 12.12.2 General regulations for development in the High Density Residential District (HDR): Minimum Lot Area 800.0 m2 (8611.1 ft2) Minimum Lot Width 20.0 m (65.6 ft.) Minimum Front Yard Setback 6.1 m (20.0 ft.) Minimum Rear Yard Setback 7.6 m (24.9 ft.) Minimum Side Yard Setback 3.0 m (9.8 ft.) Internal Side Yard 4.0 m (13.1 ft.) External Side Yard Maximum Building Height 23.0 m (75.4 ft.) Minimum Landscaped Area 30% Density 125 units per ha (51 units per ac) Minimum Amenity Area 4.7 m2 (50.5 ft2) per dwelling unit Minimum Setback from a Wetland, Watercourse, or Waterbody 30.0 m (98.4 ft.) or to the discretion of the Development Authority 100 12.12.3 Additional Requirements: a. In addition to the regulations listed above, permitted and discretionary uses are subject to the applicable regulations, provisions, and requirements contained within the other sections of this Bylaw. b. Notwithstanding the other regulations of this district, where apartment housing or row housing developments abut a lot districted to allow a Dwelling, Single Detached as a permitted use, the following regulations shall apply: i. A minimum landscaped buffer of 4.0 m (13.1 ft.) in width shall be required from any apartment or row house developments to any common lot line. ii. No outdoor parking, trash collection or outdoor storage areas shall be developed within 3.0 m (9.8 ft.) of any common lot line. iii. Design techniques including, but not limited to, the use of sloped roofs, variations in building setbacks, and articulation of building fagades, shall be employed in order to minimize the perception of massing of the building when viewed from adjacent residential areas and roads to the satisfaction of the Development Authority. c The cumulative floor area of personal mixed-uses (non-residential) shall not exceed that of the principal use. These uses shall only be within and accessory to a residential building, and shall be accessed through a separate, exterior entrance. d. The exterior appearance of the development must maintain the aesthetics and character of the surrounding residential neighbourhood. e. Amenity areas may include patios, balconies or roof terraces. f. Vehicle parking areas shall not be considered as part of the amenity area. 101 12.13 Low Density Residential District (LDR) 12.13.1 12.13.2 The general purpose and intent of the Low Density Residential District (LDR) is to provide development opportunities for low density housing, mainly single detached dwelling units within hamlet boundaries. Permitted Uses Discretionary Uses Accessory Building, Structure or Use Animal Grooming Backyard Coop & Hens Deck Dwelling, Duplex/Semi Dwelling, Single Detached Home-Based Business, Minor Secondary Suite, Principal Bed & Breakfast Care Facility, Child Care Facility, Group Dwelling, Multi-Unit *Four-plex Only Establishment, Eating & Drinking Home-Based Business, Major Office Personal Service Secondary Suite, Accessory General regulations for development in the Low Density Residential District (LDR): Minimum Parcel Size 360.0 m2 (3875.0 ft2) Minimum Lot Width 14.0 m (45.9 ft.) Minimum Lot Depth 30.0 m (98.4 ft.) Maximum Building Height 10.5 m (34.4 ft.) Minimum Front Yard Setback 6.1 m (20.0 ft.) Minimum Side Yard Setback 1.5 m (4.9 ft.) Internal Side Yard on one side, 3.0 m (9.8 ft.) if no access to rear Lane, on other side Minimum Rear Yard Setback 6.1 m (20.0 ft.) Minimum Landscaped Area 30% * Required For Duplex or Multi-Unit Minimum Amenity Area (Private, Outdoor) 4.7 m2 (50.5 ft2) per dwelling unit *Required For Duplex or Multi-Unit Minimum Setback from a Wetland, Watercourse, or Waterbody 30.0 m (98.4 ft.) or to the discretion of the Development Authority 102 12.13.3 Additional Requirements: a. In addition to the regulations listed above, permitted and discretionary uses are subject to the applicable regulations, provisions, and requirements contained within the other sections of this Bylaw, b. Dwelling,Multi-Unit is restricted to a Four-plex with a minimum lot size of 0.16 ha (0.4 ac) and shall accommodate designated onsite amenity and parking areas. c Notwithstanding the other regulations of this district, where multi-unit housing developments abut a lot districted to allow a Dwelling, Single Detached as a permitted use, the following regulations shall apply: i. A minimum landscaped buffer of 4.0 m (13.1 ft.) in width shall be required from any apartment or row house developments to any common lot line. ii. No outdoor parking, trash collection or outdoor storage areas shall be developed within 3.0 m (9.8 ft.) of any common lot line. iii. Design techniques including, but not limited to, the use of sloped roofs, variations in building setbacks, and articulation of building fatjades, shall be employed in order to minimize the perception of massing of the building when viewed from adjacent residential areas and roads to the satisfaction of the Development Authority. d. The exterior appearance of all Discretionary Uses for Municipal Planning Commission (MPC) Approval must maintain the aesthetics and character of the surrounding residential neighbourhood and be designed to resemble a Dwelling. e. Amenity areas may include patios, balconies or roof terraces. f. Vehicle parking areas shall not be considered as part of the amenity area. 103 12.14 Mobile Home Community District (MHC) 12.14.1 The general purpose and intent of the Mobile Home Community District (MHC) is to provide for orderly development of mobile home communities, either as mobile home parks or mobile home subdivisions. Permitted Uses Discretionary Uses Accessory Building, Structure, or Use Animal Grooming Deck Dwelling, Mobile Home Home-Based Business, Minor Office Storage, Outdoor Care Facility, Child Establishment, Eating & Drinking Recreation, Private Retail, Convenience 12.14.2 General regulations for development in the Mobile Home Community District (MHC): Minimum Mobile Home Community Area 2.0 ha (5.0 ac) Minimum Lot Area per Unit 370.0 m2 (3,982.6 ft2) Minimum Lot Width per Unit 11.0m (36.0 ft.) Minimum Front Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 3.0 m (9.8 ft.) all other cases Minimum Side Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 2.3 m (7.5 ft.) all other cases Minimum Rear Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 2.3 m (7.5 ft.) all other cases Maximum Building Height 6.1 m (20.0 ft.) Maximum Lot Coverage 60% 104 Minimum Amenity Area 7.5 m2 (80.7 ft2) per dwelling unit Minimum Building Separation 4.6 m (15.0 ft.) between dwellings in a Mobile Home Park Minimum Landscaping 30% Minimum Setback from a Wetland, Watercourse, or Waterbody 30.0 m (98.4 ft.) or at the Discretion of the Development Authority 12.14.3 Mobile home Park Site Requirements a. All Mobile Home Park stalls shall be located a minimum of 2.0 m (6.5 ft.) from the Mobile Home Park or condominium boundary, b. Mobile Home Parks shall be connected to communal services, or, where available, municipal water and sewer services. All utilities shall be provided underground to all stalls, c. Each stall shall be clearly marked by means of stakes, countersunk steel posts, fences, curbs, or hedges, d. In addition to the regulations listed above, permitted and discretionary uses are subject to the applicable regulations, provisions, and requirements contained within the other sections of this Bylaw. 12.14.4 Open Space & Amenity Areas: a. A minimum of five percent (5%) of the total area shall be developed as a playground space/amenity area in locations convenient to all mobile park residents. Open space areas shall not include the area contained within the public roadway setbacks or required buffer strips, b. Where the above requirements exceed 465.0 m2 (5,005.2 ft2), one or more open space areas shall be provided, c. All open areas and common areas shall be fully landscaped within two (2) years of the issue of the Development Permit for a Mobile Home Park, or for the individual mobile home units. This shall include the yard area for each stall, d. A minimum buffer strip of 6.0 m (19.6 ft.) shall be required to separate the boundary of any open space or amenity areas from adjacent land uses outside the home park boundary. 12.14.5 Mobile Home Installation Requirements: a. Each mobile home unit shall be placed on a hard surfaced or gravel base within the stall, all additions, porches, garages, and accessory structures shall be of an equivalent quality and appearance as the mobile home unit and shall compliment the exterior, b. All mobile home units shall have current Canadian Standards Association (CSA) Certification, c. All mobile home units shall be skirted within sixty (60) days of the placement of the mobile home on the lot. Such skirting shall be of a manufactured or similar type to harmonize with the mobile home, and d. The hitch and wheels of a mobile home shall be removed within sixty (60) days of its placement on the lot. 12.14.6 Parking, Transportation & Signage Requirements: a. Each mobile home stall shall accommodate a minimum of two (2) off-street parking spaces. In addition to the off-street parking requirement, the development shall provide 0.15 visitor parking spaces per mobile home stall, 105 b. A minimum of 4.5 m (14.7 ft.) of open space shall occur between mobile homes and any addition attached to the mobile home shall be regarded as part of the mobile home for purposes of spacing, c. An all-season pedestrian access shall be provided to all recreation and community facilities within the home park and shall be a minimum of 1.0 m (3.2 ft.) in width, d. All roads in the community shall be of all-weather construction and shall be built to the County's GMSS Standard. e. All internal roads shall be hard-surfaced, well-drained, and maintained to the satisfaction of the Development Authority, f. Public roadway setbacks and required buffers shall be suitably fenced and landscaped and protected from any sort of development that would compromise their use, g. A maximum of one (1) main free-standing identification sign for the Mobile Home Park will be allowed. It shall be in keeping with the residential character of the area and located near the entrance to the mobile home development, and h. Directional signs within a Mobile Home Park must be integrated in design and appearance, be kept in scale with the surroundings, and constructed of durable materials. 12.14.7 Landscaping: a. Landscaping (including grass and mature trees) shall be provided on all areas of the park not occupied by a mobile home, addition, road, foot path, driveway, or other permanent building, b. Screens, fences, or walls shall be erected where necessary, as determined by the Development Authority around refuse collection points, playgrounds, and storage areas, and c. Each community shall be designed in such a manner as to direct drainage away from each mobile home lot to the satisfaction of the Development Authority. 12.14.8 Other Requirements: a. No recreational vehicle or holiday trailer shall be occupied as a permanent residence in any manufactured/mobile home community, and b. Street lighting and other utilities shall be to the same standard as that in a conventional residential neighbourhood. 106 12.15 Highway Commercial District (HWC) 12.15.1 The general purpose and intent of the Highway Commercial District (HWC) is to provide expansive commercial land for types of development which may include large shopping centers such as "Big Box Stores" and of hotel/ motel facilities that will cater to the needs of the community and regional area. Permitted Uses Accessory Building, Structure or Use Agricultural Service Facility Agriculture, Intensive Animal Service Facility Auction Facility Automotive Dealership Automotive Services & Equipment Breweries Bulk Fuel & Chemical Storage Care Facility, Child Care Facility, Clinic Care Facility, Medical Commercial Facility Contractor Services Deck Establishment, Eating & Drinking Establishment, Entertainment Funeral Services Government Service Heavy Equipment Sales, Service, Storage & Rentals Hotel/Motel Office Parking Facility Personal Service Professional Service Recreation, Private Recreation, Public Recycling Facility Retail Store, Cannabis Retail Store, Convenience Retail Store, General School, Commercial Service Station Storage, Indoor Storage, Outdoor Veterinarian Services, Major Veterinarian Services, Minor Warehouse Discretionary Uses Establishment, Restricted Sea Can 107 12.15.2 General regulations for development in the Highway Commercial District (HWC): Maximum Building Height At the discretion of the Development Authority Maximum Lot Coverage 50% Minimum Landscaped Area 10% Minimum Front Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 10.0 m (32.8 ft.) all other cases Minimum Rear Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 6.0 m (19.6 ft.) all other cases Minimum Side Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 6.0 m (19.6 ft.) all other cases Minimum Setback from a Wetland, Watercourse, or Waterbody 30.0 m (98.4 ft.) or at the Discretion of the Development Authority 12.15.3 Additional Requirements: a. In addition to the regulations listed above, permitted and discretionary uses are subject to the applicable regulations, provisions, and requirements contained within the other sections of this Bylaw. 12.15.4 Landscaping: a. A landscape buffer may be required along any boundary of this District that directly abuts a highway, watercourse, or any Land Use District other than Agricultural, Commercial or Industrial Districts. Within this District the width of the landscape buffer is to the discretion of the Development Authority, b. Natural topography and vegetation may be considered as landscaping by the Development Authority, and c. The minimum landscaped area shall be concentrated in front yards, and exterior side yards but additional landscaping may be required in other yards to separate uses or to provide a buffer or screening from other uses. All landscaping shall be identified on the site plan. 12.15.5 Outdoor Storage and Display: a. All storage sites abutting Residential Districts shall be screened from view of the Residential District to the satisfaction of the Development Authority, b. Outdoor storage of goods, products, materials, or equipment on lots located along public throughfares and/or adjacent to a residential use, shall be screened from the view, c. When part of the lot, including the front yard, is to be used for the temporary outdoor display of goods or products for sale, lease, or hire, such displays shall be arranged and maintained in a neat and tidy manner, and d. Outdoor storage and display shall not unduly interfere with the amenities of the District, or materially interfere with or affect the use, enjoyment, or value of neighbouring properties. 108 12.16 Central Commercial District (CC) 12.16.1 The general purpose and intent of the Central Commercial (CC) District is to accommodate commercial uses which will serve the needs of residents in designated hamlets. Permitted Uses Discretionary Uses Accessory Building, Structure or Use Animal Grooming Automotive Dealership Automotive Services & Equipment Breweries Care Facility, Child Care Facility, Clinic Commercial Facility Contractor Services Deck Establishment, Eating & Drinking Establishment, Entertainment Farmers Market Funeral Services Government Service Hotel/Motel Multi-Use Building/Development Office Parking Facility Personal Service Professional Service Recreation, Private Recreation, Public Retail Store, Cannabis Retail Store, Convenience Retail Store, General School, Commercial Service Station Storage, Indoor Veterinarian Service, Minor Care Facility, Medical Establishment, Restricted Recycling Facility Religious Assembly Sea Can Storage, Outdoor Veterinarian Service, Major 109 12.16.2 General regulations for development in the Central Commercial District (CC): Maximum Building Height 14.0 m (45.9 ft.) or 4 storeys, whichever is greater. Maximum Lot Coverage 50% Minimum Landscaped Area 10% Minimum Front Yard Setback None required Minimum Rear Yard Setback 3.0 m (10.0 ft.) Minimum Side Yard Setback 3.0 m (10.0 ft.) adjacent to Residential Districts All other cases none required (zero) Minimum Setback from a Wetland, Watercourse, or Waterbody 30.0 m (98.4 ft.) or at the Discretion of the Development Authority 12.16.3 Additional Requirements: a. In addition to the regulations listed above, permitted and discretionary uses are subject to the applicable regulations, provisions, and requirements contained within the other sections of this Bylaw. 12.16.4 Landscaping: a. A landscape buffer may be required along any boundary of this District that directly abuts a highway, watercourse, or any Land Use District other than Agricultural, Commercial or Industrial Districts. Within this District the width of the landscape buffer is to the discretion of the Development Authority, b. Natural topography and vegetation may be considered as landscaping by the Development Authority, and c. The minimum landscaped area shall be concentrated in front yards, and exterior side yards but additional landscaping may be required in other yards to separate uses or to provide a buffer or screening from other uses. All landscaping shall be identified on the site plan. 12.16.5 Outdoor Storage and Display: a. With the exception of the display of finished goods for sale, there shall be no outside storage of goods, products, materials, or equipment permitted within a front yard, b. All external storage areas shall be screened from public view by way of fencing, landscaping, or both, and c. No outdoor parking, trash collection or outdoor storage areas shall be developed within 3.0 m (9.8 ft.) of any lot line that abuts a Residential District, and a solid screen fence of a minimum of 1.8 m (5.9 ft.) in height shall be installed along all side and rear lot lines that abut a Residential District. 110 12.17 Neighbourhood Commercial District (NC) 12.17.1 The general purpose and intent of the Neighbourhood Commercial District (NC) is to provide for uses, which are intended to serve the day-to-day needs of residents within residential neighbourhoods. This District shall be located at the edge of a neighbourhood, and development shall be sensitive and in scale with adjacent residential development. Permitted Uses Discretionary Uses Accessory Building, Structure or Use Animal Grooming Breweries Care Facility, Child Care Facility, Clinic Commercial Facility Contractor Services Deck Establishment, Eating & Drinking Establishment, Entertainment Farmers Market Government Service Hotel/Motel Multi-Use Building/ Development Office Parking, Facility Personal Service Professional Service Recreation, Private Recreation, Public Retail Store, Cannabis Retail Store, Convenience Retail Store, General Service Station Storage, Indoor Veterinarian Services, Minor Automotive Dealership Automotive Services & Equipment Establishment, Restricted Funeral Services Recycling Facility Sea Can Storage, Outdoor Warehouse 111 12.17.2 General regulations for development in the Neighbourhood Commercial District (NC): Maximum Building Height 14.0 m (45.9 ft.) Minimum Front Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 6.0 m (19.6 ft.) all other cases Minimum Side Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 6.0 m (19.7 ft.) abutting a Residential District 3.0 m (9.8 ft.) abutting a Road or Lane 0.0 m (0.0 ft.) Internal, Not abutting a Road or Lane Minimum Rear Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 6.0 m (19.6 ft.) abutting a Residential District/ all other cases Maximum Lot Coverage 60% Minimum Landscaping 10% Minimum Setback from a Wetland, Watercourse, or Waterbody 30.0 m (98.4 ft.) or at the Discretion of the Development Authority 12.17.3 Additional Requirements: a. In addition to the regulations listed above, permitted and discretionary uses are subject to the applicable regulations, provisions, and requirements contained within the other sections of this Bylaw. 12.17.4 Landscaping: a. A landscape buffer may be required along any boundary of this District that directly abuts a highway, watercourse, or any Land Use District other than Agricultural, Commercial or Industrial Districts. Within this District the width of the landscape buffer is to the discretion of the Development Authority, b. Natural topography and vegetation may be considered as landscaping by the Development Authority, and c. The minimum landscaped area shall be concentrated in front yards, and exterior side yards but additional landscaping may be required in other yards to separate uses or to provide a buffer or screening from other uses. All landscaping shall be identified on the site plan. 12.17.5 Outdoor Storage and Display: a. With the exception of the display of finished goods for sale, there shall be no outside storage of goods, products, materials, or equipment permitted within a front yard, b. All external storage areas shall be screened from public view by way of fencing, landscaping, or both, and c. No outdoor parking, trash collection or outdoor storage areas shall be developed within 3.0 m (9.8 ft.) of any lot line that abuts a Residential District, and a solid screen fence of a minimum of 1.8 m (5.9 ft.) in height shall be installed along all side and rear lot lines that abut a Residential District, d. Proposed or existing developments within this District are permitted to have a zero internal side yard, not abutting a road or lane. Prior to the approval of a zero side yard development, plans showing grading and drainage on adjacent parcels must be submitted and shall be acceptable to the Development Authority. 112 12.18 Light Industrial District (LI) 12.18.1 The general purpose and intent of the Light Industrial (LI) District is to accommodate a range of industrial and commercial uses which may have outdoor storage or work activities, and which are located within or adjacent to a Hamlet Boundary. Typical uses in this District do not create any nuisance factors that extend beyond the boundaries of the parcel to ensure that the development is compatible with other non-industrial uses. Permitted Uses Discretionary Uses Accessory Building, Structure or Use Agricultural Service Facility Agriculture, Intensive Agriculture, Processing Animal Grooming Auction Facility Automotive Dealership Automotive Services & Equipment Breweries Contractor Services Deck Establishment, Eating & Drinking Funeral Services Office Parking Facility Personal Service Professional Service Recreation, Private Retail Store, Cannabis Retail Store, Convenience Retail Store, General School, Commercial Sea Can Security Suite Service Station Storage, Indoor Storage, Outdoor Veterinarian Service, Minor Warehouse Animal Service Facility Cannabis Production Facility Establishment, Entertainment Establishment, Restricted Government Services Heavy Equipment Sales, Service, Storage & Rentals Railroad Yard Recycling Facility Veterinarian Service, Major 113 12.18.2 General regulations for development in the Light Industrial District (LI): Minimum Parcel Width 50.0 m (164.0 ft.) Minimum Front Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 6.0 m (19.6 ft.) all other cases Minimum Side Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 10.0 m (32.8 ft.) abutting a Residential District 6.0 m (19.6 ft.) all other cases Minimum Rear Yard Setback 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 10.0 m (32.8 ft.) abutting a Residential District 6.0 m (19.6 ft.) all other cases Maximum Building Height 14.0 m (45.9 ft.) Minimum Setback from a Wetland, Watercourse, or Waterbody 30.0 m (98.4 ft.) or at the Discretion of the Development Authority Minimum Landscaping 10% Maximum Lot Coverage 60% 12.18.3 Additional Requirements: a. In addition to the regulations listed above, permitted and discretionary uses are subject to the applicable regulations, provisions, and requirements contained within the other sections of this Bylaw. 12.18.4 Landscaping: a. A landscape buffer may be required along any boundary of this District that directly abuts a highway, watercourse, or any Land Use District other than Agricultural, Commercial or Industrial Districts. Within this District the width of the landscape buffer is to the discretion of the Development Authority, b. Natural topography and vegetation may be considered as landscaping by the Development Authority, and c. The minimum landscaped area shall be concentrated in front yards, and exterior side yards but additional landscaping may be required in other yards to separate uses or to provide a buffer or screening from other uses. All landscaping shall be identified on the site plan. 12.18.5 Outdoor Storage and Display: a. Smoke, dust, ash, odour, and toxic gases shall only be released into the atmosphere in such amounts and under such conditions and safeguards as shall have been approved by the Development Authority and any provincial and federal authority having jurisdiction, b. No industrial operation shall be carried out which would produce glare, heat, noise, or vibrations so as to be offensive beyond the boundary of the subject lot, c. No industrial waste shall be discharged into any sewer which does not conform to the standards established from time to time by the County's Bylaws, policies, manuals, and regulations, 114 d. The operation of all uses shall comply with any applicable provincial or federal legislation or regulations.If the Development Authority believes that a proposed use may conflict with these requirements, the Development Permit application shall be referred to the appropriate provincial or federal agency for comment prior to considering a decision on the Development Permit application, e. The onus of providing to the Development Authority's satisfaction that a proposed development does and will comply with these performance standards rests with the developer, f. Outdoor storage of goods, products, materials, or equipment on lots located adjacent to a residential use shall be screened from view, g. When part of the lot, including the front yard, is to be used for the temporary outdoor display of goods or products for sale, lease or hire, such displays shall be arranged and maintained in a neat and tidy manner, and h. Shall not unduly interfere with the amenities of the District, or materially interfere with or affect the use, enjoyment, or value of neighbouring properties. 115 12.19 General Industrial District (Gl) 12.18.6 The general purpose and intent of the General Industrial District (Gl) is to provide for industrial businesses that may carry out a portion of their operation outdoors or require large outdoor storage areas, such that no nuisance is created or apparent beyond the site. This District should generally not be located adjacent to Residential Districts. Permitted Uses Discretionary Uses Accessory Building, Structure or Use Agricultural Service Facility Agriculture, Intensive Agriculture, Processing Agriculture, Restricted Animal Grooming Animal Service Facility Auction Facility Automotive Dealership Automotive Services & Equipment Breweries Bulk Fuel & Chemical Storage Cannabis Production Facility Contractor Services Deck Establishment, Eating & Drinking Government Services Heavy Equipment Sales, Service, Storage & Rentals Modular/Manufactured Home Display & Sales Office Parking, Facility Personal Service Professional Service Recreation, Private Recreation, Outdoor Retail Store, Cannabis Retail Store, Convenience Retail Store, General School, Commercial Sea Can Security Suite Service Station Storage, Indoor Storage, Outdoor Veterinarian Service, Major Veterinarian Service, Minor Warehouse Abattoir Auto Wrecking Establishment, Restricted Hotel/Motel Natural Resource Extraction/Processing Railroad Yard Recycling Facility Salvage Yard Waste Transfer Site Work Camp, Closed 116 12.18.7 General regulations for development in the General Industrial (Gl) District: Minimum Parcel Size 1.0 ha (2.5 ac) Minimum Parcel Width 50.0 m (164.0 ft) Minimum Front Yard 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 9.4 m (30.8 ft.) all other cases Minimum Side Yard 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 6.1 m (20.0 ft.) all other cases Minimum Rear Yard 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 6.1 m (20.0 ft.) all other cases Maximum Building Height At the discretion of the Development Authority Minimum Setback from a Wetland, Watercourse, or Waterbody 30.0 m (98.4 ft.) or at the Discretion of the Development Authority Minimum Landscaping 10% Maximum Lot Coverage 60% 12.18.8 Additional Requirements: a. In addition to the regulations listed above, permitted and discretionary uses are subject to the applicable regulations, provisions, and requirements contained within the other sections of this Bylaw. 12.18.9 Landscaping: a. A landscape buffer may be required along any boundary of this District that directly abuts a highway, watercourse, or any Land Use District other than Agricultural, Commercial or Industrial Districts. Within this District the width of the landscape buffer is to the discretion of the Development Authority, b. Natural topography and vegetation may be considered as landscaping by the Development Authority, c. The minimum landscaped area shall be concentrated in front yards, and exterior side yards but additional landscaping may be required in other yards to separate uses or to provide a buffer or screening from other uses. All landscaping shall be identified on the site plan. 12.18.10 Outdoor Storage and Display: a. Outdoor storage of goods, products, materials, or equipment on lots located adjacent to a residential use shall be screened from view, b. When part of the lot, including the front yard, is to be used for the temporary outdoor display of goods or products for sale, lease or hire, such displays shall be arranged and maintained in a neat and tidy manner, and 117 c. Shall not unduly interfere with the amenities of the District, or materially interfere with or affect the use, enjoyment, or value of neighbouring properties. d. No industrial operation shall be carried out which would produce glare, heat, noise, or vibrations so as to be offensive beyond the boundary of the subject lot, e. No industrial waste shall be discharged into any sewer and sewage disposal shall conform to the standards established by the County's Bylaws, policies, manuals, and regulations, f. The operation of all uses shall comply with any applicable provincial or federal legislation or regulations.If the Development Authority believes that a proposed use may conflict with these requirements, the Development Permit application shall be referred to the appropriate provincial or federal agency for comment prior to considering a decision on the Development Permit application, and g. The onus of providing to the Development Authority's satisfaction that a proposed development does and will comply with these performance standards rests with the developer. 118 Permitted Uses 12.19 Heavy Industrial District (HI) 12.19.1 The general purpose and intent of the Heavy Industrial District (HI) is to provide for industrial uses that, due to their appearance, noise, odour, risk of toxic emissions, or fire and explosion hazards are incompatible with residential, commercial, and other land uses. This District should normally be located in areas that do not interfere with the safety, use, amenity, or enjoyment of any surrounding districts. Permitted Uses Abattoir Accessory Building, Structure, or Use Agriculture, Intensive Agriculture, Processing Agriculture, Restricted Auto Wrecking Bulk Fuel & Chemical Storage Cannabis Production Facility Contractor Services Deck Heavy Equipment Sales, Service, Storage & Rentals Natural Resource Extraction/Processing Office Parking Facility Railroad Yard Recycling Facility Salvage Yard Sea Can Security Suite Storage, Indoor Storage, Outdoor Warehouse Waste Transfer Site Work Camp, Closed 119 12.19.2 General regulations for development in the Heavy Industrial District (HI): Minimum Parcel Size 2.0 ha (5.0 ac) Minimum Parcel Width 100.0 m (328.0 ft.) Minimum Front Yard 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 10.0 m (32.8 ft.) all other cases Minimum Side Yard 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 10.0 m (32.8 ft.) all other cases Minimum Rear Yard 40.0 m (131.2 ft.) from Provincial Highway ROW 30.0 m (98.4 ft.) from External Road ROW 10.0 m (32.8 ft.) all other cases Maximum Building Height At the discretion of the Development Authority Minimum Setback from a Wetland, Watercourse, or Waterbody 30.0 m (98.4 ft.) or at the Discretion of the Development Authority 12.19.3 Additional Requirements: a. In addition to the regulations listed above, permitted, uses are subject to the applicable regulations, provisions, and requirements contained within the other sections of this Bylaw. 12.19.4 Regulations: a. Heavy industrial uses shall not be permitted within 3.0 km (1.7 mi) of the boundary of a hamlet, a multi¬ lot residential subdivision, or a recreational or institutional development. b. All Development Permit applications for Heavy Industrial Uses must be accompanied by measures to mitigate impacts on surrounding properties to the satisfaction of the Development Authority. Such measures include: i. Solid fencing, ii. Landscaping, and iii. Retention of natural vegetation buffers or combination thereof. c. Where there are potential effects or risks associated with a proposed heavy industrial development, the applicant shall be required to submit to the Development Authority and Environmental Impact Assessment, a risk assessment report, and an emergency response plan for the proposed development. The required reports are to be prepared by qualified professionals and approved by the County. 12.19.5 Landscaping: a. A landscape buffer shall be required along any boundary of this District that directly abuts a highway, watercourse, or any other Land Use Districts. Within this District the width of the landscaped buffer shall be 30.0 m (98.4 ft.) or at the discretion of the Development Authority. b. Natural topography and vegetation may be considered as landscaping by the Development Authority. 120 c. The minimum landscaped area shall be concentrated in front yards, and exterior side yards but additional landscaping may be required in other yards to separate uses or to provide a buffer or screening from other uses. All landscaping shall be identified on the site plan. 12.19.6 Outdoor Storage and Display: a. All storage areas shall be appropriately fenced and should be concealed from the view from the street by the fence or other suitable screening to the satisfaction of the Development Authority. b. All storage sites abutting Residential Districts shall be screened from view of the Residential District to the satisfaction of the Development Authority. c. All outdoor storage shall be arranged in a neat and tidy manner. d. The storage of any hazardous material must be within an enclosed building. All applications for Development Permits shall clearly indicate if any hazardous material is to be stored on site. The nature and quantity of the hazardous material must be identified. The Development Authority may establish special conditions to govern the safe storage of hazardous materials. 121 12.20 Direct Control Council District (DCC) 12.20.1 The general purpose and intent of Direct Control Council Districts are to be applied to areas determined by Council, in accordance with the Act, to be unique or of distinctive character or where particular circumstances or difficulties are present. They are intended to ensure that land use and development occurs in these areas in accordance with any applicable provisions prescribed for such areas in a statutory plan in effect or to be put in effect to specifically guide the implementation and administration of a Direct Control District. This District is not intended to be used as a substitution for any other Land Use District in this Bylaw that could be used to achieve the same result. 12.20.2 General Requirements: a. Any uses deemed appropriate by Council will be considered. b. In evaluating a proposed land use or development in a Direct Control Council District (DCC), the Development Authority shall have regard for, but not limited to: i. The existing use of the lands, ii. The general and special regulations as contained elsewhere in this Bylaw, iii. The land use regulations of adjoining Districts, iv. Shall comply with the Act, Matters Relating to Subdivision and Development Regulations, Municipal Development Plan and any statutory plan or outline plan in effect specifically for the purpose of directing the Administration of this District, and v. All parcel regulations shall be as determined by Council, who, in determining such regulations, shall consider all information it obtains pursuant to the provisions of this section and comply with any applicable provisions of any Statutory Plan in effect. c. The design, external finish, architectural appearance, siting, landscaping, screening, and buffering of any building, structure, or development, shall be to the satisfaction of Council so that there will be general conformity in respect to adjacent developments, d. Council may request additional assessments, which may include, but are not limited to, a Traffic Impact Assessment, geotechnical report, or other engineering, environmental, or technical analysis. These assessments are intended to thoroughly evaluate the application before a decision is made, e. A geotechnical analysis or any other engineering, environmental, or technical assessment, a public engagement survey, and information it considers necessary to properly evaluate the application may be requested by Council, f. Applicants shall fully disclose the precise nature and extent of the proposed Use, Subdivision, or Development, including intended hours of operation, so that their applications can be thoroughly evaluated, g. To assist in the comprehensive evaluation of a Direct Control District application, Council may undertake, or require that the applicant undertake in a manner satisfactory to it, a polling of the adjacent residential and other properties, h. This District shall not be used for lands which require subdivision as there are no underlying uses in this District, i. Council may approve a temporary Development Permit where Council is of the opinion that the proposed use is of a temporary nature, j. If at any time, in the opinion of Council, any of the provisions of this Bylaw have not been complied with, Council or the Development Authority may utilize the enforcement mechanisms available under the Act and this Bylaw. 122 12.21 Direct Control One District (DC1) 12.21.1 12.21.2 12.21.3 The purpose of the Direct Control One District (DC1) is to provide for recreational resort development within the Elinor Lake Resort in association with amenity features, as indicated in Figure 01: Direct Control One District (DC1), and in compliance with an approved Area Structure Plan and in accordance with the County's Statutory Plan hierarchy. a. The following uses shall be permitted provided the application complies with the regulations in this District and this Bylaw and the Development Authority for Development Permits shall be the Development Officer: Area A Permitted Uses Area B Area C Accessory Building, Structure or Use Deck Dwelling, Single Detached Home-Based Business, Minor Park Model Recreational Vehicle Accessory Building, Structure or Use Deck Commercial Facility Establishment, Eating & Drinking Hotel/Motel Personal Service Recreation, Outdoor Recreation, Public Recreation, Private Retail Store, Convenience Retail Store, General Security Suite Service Station Accessory Building, Structure or Use Deck Campground Dwelling, Single Detached Personal Service Home-Based Business, Minor Hotel/Motel Recreation, Outdoor Recreation, Public Recreation, Private Resort Accommodation Storage, Outdoor Other uses or developments which the Development Authority deems to be similar to the above uses and purposes may be considered for a specific use or reason. Development Requirements for Areas "A" and "B": Site Standards Area A Area B Minimum Lot Area 325.0 m2 (3,498.2 ft2) 325.0 m2 (3,498.2 ft2) Minimum Lot Width 13.7 m (44.9 ft.) 15.2 m (49.8 ft.) Minimum Front Yard Setback 4.6 m (15.0 ft.) N/A 123 Site Standards Area A Area B Minimum Side Yard Setback 1.8 m (5.9 ft.) 5% of Frontage Minimum Rear Yard Setback 1.8 m (5.9 ft.) 10% of Frontage Maximum Height 10.0 m (32.8 ft.) 10.0 m (32.8ft.) Maximum Lot Coverage Maximum of 40% for the principal dwelling and a maximum of 20% for accessory buildings. Where a garage, porch, veranda, deck, covered outdoor cooking area or carport is attached or designed as part of a dwelling, the maximum site coverage cannot exceed 60%. 12.21.4 Development Requirements for Areas "C" for uses other than Campground: Site Standards Area C Minimum Lot Area 325.0 m2 (3,498.2 ft2) Minimum Lot Width 13.7 m (44.9 ft.) Minimum Front Yard Setback 4.6 m (15.0 ft.) Minimum Side Yard Setback 1.8 m (5.9 ft.) Minimum Rear Yard Setback 1.8 m (5.9 ft.) Maximum Height 10.0 m (32.8 ft.) a. For lots that abut two or more portions of common area intended to be used as private roads, only one shall be considered as the front yard and one as the rear yard, b. No part of any extension, overhang, or protrusion of the principal building is permitted within the setback limits, c. The maximum number of dwelling units is one (1) per lot, d. Maximum total site coverage shall not exceed 60%, with a maximum of 40% for the principal dwelling and a maximum of 20% for accessory buildings. 12.21.5 Development Requirements for Campground use: a. The regulations in subsection 8.7 of this Bylaw must apply. 12.21.6 Other Development Requirements: a. The parking of recreation vehicles on a lot is limited to one (1), b. All decks and accessory buildings require Development Permits and shall meet the requirements of this Bylaw, 124 Site planning and design, construction, and development phases of the Elinor Lake Resort will adhere to Fire Smart principles, as indicated in Figure 01:Direct Control One (DC1) District, c. d. New development areas shall be designed to provide adequate emergency vehicle access and alternate escape routes where practical, e. In addition to the regulations listed above, permitted uses are subject to the applicable regulations, provisions and requirements contained within the other sections of this Bylaw. 125 12.23 Direct Control Two District (DC2) 12.21.7 The purpose of the Direct Control Two District (DC2) is to accommodate the development and operation of a provincially approved regional landfill site on all that portion of Pt. NE-26-65-16-W4M and NW-25-65-16-W4M containing +/- 89.0 ha (219.9 ac) more or less. The purpose is to regulate it consistent with the Alberta Environmental Protection and Enhancement Act,and the applicable regulations under that Aetas indicated in Figure 02: Direct Control Two District (DC2). a. The following uses shall be permitted or discretionary, with or without conditions, provided the application complies with the regulations in this District and this Bylaw and the Development Authority for Development Permits shall be the Development Officer: Permitted Uses Discretionary Uses Accessory Building, Structure or Use Waste Transfer Site To the discretion of the Development Authority. 12.21.8 Other uses or developments which the Development Authority deems to be similar to the above uses and purposes may be considered. 12.21.9 Development Requirements: a. All development standards shall be at the discretion of Council. 12.21.10 Other Development Requirements: a. Authority to approve development applications within the Direct Control Two (DC2) District is delegated to the Development Authority. b. Any Development Permit within the Direct Control Two (DC2) District shall only be approved subject to obtaining any necessary provincial approvals. c. All relevant provincial authorizations shall be in place prior to commencement of operation. d. On any application for development, the Development Authority may request that the following information be provided: i. Construction and engineering blueprints and background studies to support application, ii. Site plans drawn to scale, iii. Estimated water demand and anticipated source, iv. Transportation routes to be used, v. Any accessory works required, vi. Storage facilities and nature of goods to be stored, vii. Landscaping details, viii. Hours of operation, and ix. Plans to mitigate such nuisance factors as: blowing litter, dust, excessive noise, debris carried by trucks onto Adjacent Public Roads, damage to Adjacent Public Roads, and any such other information as may be required by the Development Authority. 12.21.11 In addition to the regulations listed above, permitted uses are subject to the applicable regulations, provisions and requirements contained within the other sections of this Bylaw. 126 Figure 02 - Direct Control Two District (DC2) 127 12.24 Direct Control Three District (DC3) 12.22.1 The purpose of the Direct Control Three District (DC3) is to provide orderly development of the Pine Lane Mobile Home Park located within NE-36-66-15-W4M containing approximately 64.3 ha (158.9 ac) more or less, as indicated in Figure 03: Direct Control Three District (DC3). a. The following uses shall be permitted or discretionary, with or without conditions, provided the application complies with the regulations in this District and this Bylaw and the Development Authority for Development Permits shall be the Development Officer: Permitted Uses Discretionary Uses Accessory Building, Structure or Use Deck Dwelling, Mobile Home Home-Based Business, Minor Bed & Breakfast Care Facility, Child Care Facility, Group Communication Tower Home-Based Business, Major Retail Store, Convenience Retail Store, General 12.22.2 Development Requirements: Site Standards Minimum Lot Area To the discretion of the Development Authority Minimum Front Yard Setback 40.0 m (131.2 ft.) from Provincial Highways 30.0 m (98.4 ft.) from County roads 3.0 m (9.8 ft.) all other cases Minimum Side & Rear Yard Setbacks 30.0 m (98.4 ft.) from County roads 1.5 m (4.9 ft.) all other cases Maximum Lot Coverage 50% Maximum Height 6.0 m (19.6 ft.) Minimum Amenity Area 7.5 m2 (80.7 ft2) per dwelling 12.22.3 Minimum separation between dwellings: 3.0 m (9.8 ft.).AdditionaI Development Regulations: a. All stalls shall be located a minimum of 2.0 m (6.5 ft.) from the subdivision boundary, b. Each stall shall be clearly marked by means of stakes, countersunk steel posts, fences, curbs, or hedges, c. The design of the bare land condominium shall be to the satisfaction of the Development Authority, d. Every stall shall front onto an internal road rather than a public road or Provincial Highway, 128 Public Health Ac e. Each mobile home unit shall be placed on a suitable base within the stall to the satisfaction of the Development Authority, f. All additions, porches, garages,and accessory structures shall be of an equivalent quality and appearance as the mobile home unit and shall compliment the exterior, g. All mobile homes shall have current CSA certification (or equivalent, thereof as determined by the Development Authority), h. All internal roads shall be constructed as per the County's General Municipal Services Standards, i. Each mobile home stall shall accommodate two (2) off-street parking spaces, j. Water supply must comply with all applicable provisions of the t and provincial authorities, k. Sanitary sewer requirements shall meet the requirements of the Alberta Private Sewage Systems Standard of Practice 2009, as amended, I. Street lighting and other utilities shall be to the same standard as that in a conventional residential neighbourhood as per the County's General Municipal Services Standards, m. At least 5%, or as determined by the Development Authority, of the gross site area shall be developed as playground space/amenity area in locations convenient to all mobile home park residents, n. All mobile homes shall be skirted around the base of the home within sixty (60) days of the placement of the mobile home on the lot. Such skirting shall be of a manufactured or similar type to harmonize with the mobile home, o. The hitch and wheels of a manufactured home shall be removed within sixty (60) days of its placement on a Lot, p. Only one (1) main free-standing identification sign shall be allowed. It should be in keeping with the residential character of the area and located near the entrance to the mobile home development, and q. Directional signs within a mobile home development must be integrated in design and appearance, be kept in scale with the surroundings, and constructed of durable material. 12.22.4 In addition to the regulations listed above, permitted uses are subject to the applicable regulations, provisions and requirements contained within the other sections of this Bylaw. 129 Figure 03 - Direct Control Three District (DC3) 1 CL AG TWP RD 670 AG AG AG AG । /* - --1 AG C DC3 PINE LANE MOBILE HOME PARK NE-36-66-15-4 AG _ TWP RD 6b5A AG \\ AG AG \\ AG AG \A CR J AG LT c CR £ca AG CR 130 12.25 Direct Control Four District (DC4) 12.23.1 The purpose of the Direct Control Four District (DC4) is to provide orderly development of the Lac La Biche Shooting Association lease land located on the NW-10-67-14-W4M containing approximately 63.3 ha (156.4 ac) more or less, as indicated in Figure 04: Direct Control Four District (DC4). a. The following uses shall be permitted provided the application complies with the regulations in this District and this Bylaw: Permitted Uses Accessory Building, Structure or Use Deck Commercial Facility Gun Range Recreation, Private Recreation, Public Recreation, Outdoor Sea Can 12.23.2 The Development Authority for all applications for development on the subject parcel shall be Council. 12.23.3 Notwithstanding subsection 12.25.2, the Development Officer will have the authority to render a decision for applications for the following uses: a. Accessory Building, Structure, or Use b. Deck c. Sea Can d. Sign 12.23.4 Parking shall be accommodated to equal the numbers for Recreation, Outdoor unless a lesser amount is approved by Council. 12.23.5 The parking area must be separated from the range uses and should be delineated on site. 12.23.6 No residential uses shall be permitted on the subject parcel. 12.23.7 Only one (1) main free-standing identification sign shall be allowed at the entrance to the subject parcel. 12.23.8 Residential activities, accommodate uses, or activities involving public assembly of people are prohibited within 800.0 m (2,624.6 ft.) from the boundary of the subject parcel. Any residential land uses that already exist within this buffer zone at the time of adoption will be allowed to remain and be maintained, but if they are demolished, they will not be allowed to be reconstructed within the 800.0 m (2,624.6 ft.) setback. 12.23.9 Hours of operation are at the discretion of Council. 131 Figure 04- Direct Control Four District (DC4) AG AG AG AG AG CL DC4 NW-10-67-14-4 AG CL AG a AG CL 1 132 Appendix A: Land Use Maps 73-10 74-10 75-10 78-10 79-10 74-11 76-11 78-11 79-11 74-9 75-9 76-12 72-12 75-12 78-12 80-12 73-13 75-13 76-13 75-8 76-10 80-10 73-11 77-11 75-11 80-11 77-10 74-12 79-12 72-13 77-13 74-15 75-5 73-12 77-12 74-13 78-13 76-14 79-15 78-16 76-17 74-3 75-16 72-14 74-14 78-14 72-15 75-15 78-15 75-18 73-14 75-14 77-14 79-14 80-14 77-15 73-15 76-15 80-15 75-3 73-4 75-4 76-16 77-16 77-17 78-17 80-17 73-5 74-6 73-7 74-7 73-8 74-8 75-17 79-17 74-5 75-6 76-18 75-7 Winefred Lake Kirby Lake Wiau Lake Clyde Lake Rat Lake Grist Lake CL CL CL CL CL CL CL CL CL 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CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL £ ¤ 63 £ ¤ 63 £ ¤ 881 0 10 20 5 Kilometers Land Use Bylaw Appendix A - North 12.10 Rural Residential District 12.11 Country Residential District 12.12 High Density Residential District 12.13 Low Density Residential District 12.14 Mobile Home Community District 12.15 Highway Commercial District 12.16 Central Commercial District 12.17 Neighbourhood Commercial District 12.18 Light Industrial District 12.19 General Industrial District 12.21 Direct Control Council District 12.22 Direct Control One District 12.23 Direct Control Two District 12.24 Direct Control Three District 12.25 Direct Control Four District 12.3 Agricultural District 12.4 Airport District 12.5 Public Institutional District 12.7 Environmental Reserve District 12.8 Crown Land District 12.9 Resort Recreational District 12.20 Heavy Industrial District 12.6 Municipal Reserve District RU CR HDR LDR MHC HWC CC NC LI GI HI DCC DC1 DC2 DC3 DC4 AG AIR PI MR ER CL RR 68-10 69-10 71-10 64-11 66-11 68-11 71-11 70-9 71-9 65-12 66-12 68-12 70-12 63-13 66-13 70-13 66-10 70-10 67-11 69-11 67-10 70-11 68-9 66-9 69-9 64-12 67-12 71-12 64-13 71-13 71-14 69-15 69-16 64-14 68-15 65-14 69-14 70-14 66-15 67-15 67-16 Ironwood Lake Logan Lake Heart Lake Lac la Biche Square Lake Seibert Lake Touchwood Lake Beaver Lake Missawawi Lake Pinehurst Lake Burnt Lake Helena Lake Huppie Lake Rich Lake Fork Lake Kerr Lake Jackson Lake Kinosiu Lake Whitefish Lake Piche Lake Frenchman Lake AG AG AG CL CL CL CL CL CL CL AG AG AG AG AG AG CL AG CL CL AG AG AG AG AG AG AG AG AG CL CL CL CL CL CL AG CL AG AG AG AG AG AG CL AG CL CL CL CL CL CL CL CL AG AG AG AG AG AG AG AG AG AG CL AG CL CL CL AG AG AG AG AG AG CL AG AG CL AG CR CL CL CL CL CR CL CR CL AG AG CL CL AG CL AG CL AG AG CL CL AG AG CL AG AG AG CL AG AG AG AG AG AG AG AG CL AG AG AG CL AG AG AG AG AG AG AG AG AG AG DC3 AG AG AG AG AG AG AG CL AG AG AG CL AG CL CL AG AG AG AG AG CL CL CL AG CL CL AG CL CL CL CL AG CL CL AG CL CL CL CL CL AG CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL AG CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL 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AG AG AG AG AG AG ER AG AG AG AG CL AG AG CL CL CL £ ¤ 663 £ ¤ 100 £ ¤ 55 £ ¤ 663 £ ¤ 866 £ ¤ 858 £ ¤ 867 £ ¤ 663 £ ¤ 36 £ ¤ 55 £ ¤ 858 £ ¤ 641 £ ¤ 881 £ ¤ ALPAC K £ ¤ 684 PI PI AG AG CR AG AG AG AG AG CR PI AG CR LDR AG PI LI LDR PI PI ER AG LDR ER ER HWC AG AG PI PI PI AG AG AG PI PI MR PI PI HDR AG AG CC PI PI NC PI LDR HWC HWC MR CC AG AG AG LDR AG LDR PI PI LDR PI CR HWC AG HWC AG CR LDR PI LI HWC CR AG LI HWC LI HWC LDR LDR MR HWC AG LI PI LDR HWC LI PI LDR LI LI PI AG HWC PI CL MR LDR PI LDR LI AG HDR LI LI HWC LI LI LI NC PI LI LDR LDR LDR PI AG HWC LI LDR LI LI LI PI MR LI ER HDR HWC CC LDR LDR PI HWC PI HDR HWC LI PI HWC HWC LDR DCC LI LI HWC LI AG MR AG LI PI LI HWC LDR CL CC PI LI LI HDR HDR LI LI CC LI HWC A LDR HWC MR HWC PI HWC HDR PI HDR HDR NC LDR CC HDR PI HWC PI HWC HDR HDR HDR PI HWC PI HDR 101 AVE 91 AVE HWY 55 HWY 881 105 ST 94 AVE 99 AVE 95 ST 100 ST 103 ST 102 AVE RGE RD 135 103 AVE BEAVER HILL RD 104 ST 90 AVE RGE RD 141 88 AVE 93 ST NIPEWON RD 100 AVE 104 AVE 101 ST 101B AVE 99 ST CHURCHILL DR HWY 36 LANE S 101 AVE RGE RD 140B 96 AVE PINELANDS RD 83 AVE 97 AVE 92 AVE LANE N 104 AVE LANE N 101A AVE 95 AVE SERVICE RD LANE N 103 AVE 93 AVE TWP RD 670 92 ST LANE N 101 AVE LANE W 104 ST LANE N 94 AVE LANE E 100 ST 98 ST LANE N 92 AVE 101A AVE 107 ST 108 ST LANE W 99 ST NASHIM DR 102 ST 98 AVE 96 ST TWP RD 665B LANE W 105 ST 91 ST 104A ST 101A ST 94 ST ALEXANDER HAMILTON PARK RD LANE W 100 ST HAMMOND DR LANE N 102 AVE 91 AVE LANE LAKEVIEW CRES 99B AVE LAKEVIEW CR LANE ALLAN ST 100 AVE 99 ST 100 ST LANE N 101 AVE 100 ST 91 AVE 103 ST LANE N 101 AVE 90 AVE 90 AVE CHURCHILL DR 83 AVE 95 ST 90 AVE Lac la Biche AG AG AG PI AG AG AG AG ER PI AG AG PI AG AG AG AG AG AG PI PI PI PI AG AG AG PI AG AG LDR PI AG ER AG AG PI MHC PI ER AG CC CR CR AG CR AG PI LDR AG PI CR ER CC LDR PI PI PI LDR HDR PI LDR CC LDR LDR LDR LDR PI HWC ER PI PI CC CC CC CC CC LDR 100 ST 100 AVE TWP RD 680 99 ST 101 AVE 102 AVE HWY 858 97 AVE 98 ST OLD TRAIL LANE W 99 ST 104 AVE 98 AVE 97 ST 96A AVE LANE N 99 AVE LANE N 96A AVE 101 ST 103 AVE HWY 858 Land Use Bylaw Appendix A - South 12.10 Rural Residential District 12.11 Country Residential District 12.12 High Density Residential District 12.13 Low Density Residential District 12.14 Mobile Home Community District 12.15 Highway Commercial District 12.16 Central Commercial District 12.17 Neighbourhood Commercial District 12.18 Light Industrial District 12.19 General Industrial District 12.21 Direct Control Council District 12.22 Direct Control One District 12.23 Direct Control Two District 12.24 Direct Control Three District 12.25 Direct Control Four District 12.3 Agricultural District 12.4 Airport District 12.5 Public Institutional District 12.7 Environmental Reserve District 12.8 Crown Land District 12.9 Resort Recreational District 12.20 Heavy Industrial District 12.6 Municipal Reserve District RU CR HDR LDR MHC HWC CC NC LI GI HI DCC DC1 DC2 DC3 DC4 AG AIR PI MR ER CL RR 0 1 0.5 km 0 1 0.5 km Hamlet of Plamondon Hamlet of Lac La Biche Heart Lake Cree Nation Band #167 Beaver Lake Cree Nation Band #131 Kikino Metis Settlement Buffalo Lake Metis Settlement Whitefish Lake Cree Nation Band # 128 0 10 20 5 Kilometers