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## BYLAW NO. 1388/23
A BYLAW OF LACOMBE COUNTY, IN THE PROVINCE OF ALBERTA, TO AMEND THE LACOMBE COUNTY LAND USE BYLAW, BYLAW NO. 1237/17 RELATES TO GENERAL REGULATIONS AND DISTRICT REQUIREMENTS.
WHEREAS notice was given of Council's intention to amend the Land Use Bylaw in the following local newspapers:
Lacombe County News
April 19, 2023
Bashaw Star
April 26 & May 3, 2023
Lacombe Express
April 27 & May 4, 2023
Rimbey Review
April 25 & May 2, 2023
Sylvan Lake News
April 27 & May 4, 2023
The Chautauqua
May 5, 2023
AND WHEREAS a public hearing was held on May 11, 2023 to allow the general public to comment on the proposed amendments to the Land Use Bylaw;
NOW THEREFORE the Council of Lacombe County under the authority and pursuant to the provisions of the Municipal Government Act, RSA 2000, c.M-261, as amended, enacts that the Land Use Bylaw be amended as follows:
## PART 1 - DEFINITIONS
## 1.6 DEFINITIONS
Add the following definitions:
DATA PROCESSING CENTRE means a building, dedicated space within building, or a group of buildings used to house computer systems and associates infrastructure and components for the digital transactions required for processing data. This includes, but is not limited to cryptocurrency, digital currenc processing, non-fungible tokens, and blockchain transactions
RAIL SPUR means a secondary track used by railroads to allow customers at a location to store, load and unload railcars without interfering with other railroad operations.
RAIL YARD means series of railroad tracks for storing, sorting, or loading/unloading, railroad cars and/or locomotives.
Amend the FLOODPLAIN and INDUSTRIAL, HEAVY MANUFACTURING AND PROCESSING definitions as follows:
FLOODPLAIN means the area of land bordering a water course or body of water that would be inundated by a 1 in 100 year flood (i.e. a flood that has a 1% chance of occurring every year) as determined by the Government of Alberta
INDUSTRIAL, HEAVY MANUFACTURING AND PROCESSING means a largescale industrial manufacturing or processing activity. Without restricting the generality of the foregoing, heavy manufacturing and processing industry would include plants for the manufacture of petroleum products, pulp and paper products, stone, clay and glass products, cement and lime products, fertilizers, animal by-products; plants engaged in the primary metal industry, including metal processing; the processing of natural gas or its derivatives; power generating stations (other than a commercial alternative energy system); and incinerators, including those for municipal and industrial use. Heavy industrial uses may have some negative effect on the safety, use, amenity and enjoyment of adjacent or nearby sites due to appearance, noise, odour, emission of contaminants, fire or explosive hazards, or dangerous goods.
## PART 3 - DEVELOPMENT & SUBDIVISION APPLICATION PROCESS
## 3.2 REQUIREMENT FOR DEVELOPMENT PERMIT
Insert Policy 3.2(2)(t) as follows:
(t) subject to compliance with all relevant provisions of this Bylaw, solar energy conversion system, personal
## 3.4 DEVELOPMENT APPLICATION
(7) The Development Authority shall require the applicant of an application for an intermediate campground, major campground, community facility, sand or gravel pit, cannabis production facility, special event, commercial alternative energy, kennel (new kennel or expanded kennel), data processing centre, and any other use or development that the Development Authority considers may have a potential adverse effect on the surrounding community, to undertake community consultation prior to an application being made to the County. The applicant is required to submit a summary of their community consultation with the application outlining neighbours concerns and how these concerns will be addressed or why they cannot be addressed.
(a) The standard community consultation circulation distance will require notification to all landowners within a half (0.5) mile radius of the proposed
(i) A community facility development requires notification to all landowners within a one (1) mile radius of the proposed development location.
(ii) A sand or gravel pit development requires notification to all landowners within a one (1) mile radius of the proposed pit location as well as landowners within half (0.5) mile of an unpaved haul route.
li) A special event, data processing centre, or commercial alternative energ development requires notification to all landowners within a two (2) mile radius o the proposed development location.
## PART 5 - ENFORCEMENT AND ADMINISTRATION
## 5.1 CONTRAVENTION
Amend Policy 5.1(3) as follows:
(3) The Development Officer may cause an application to be made to the Alberta Court of King's Bench for an injunction restraining the contravention or noncompliance.
## PART 6 - GENERAL REGULATIONS
## 6.30 SPECIAL EVENTS
Amend Policy 6.30(5) as follows:
(5) Sound levels from the event shall be no more than 60 dBA measured at the 0.8 km (0.5 mi) radius.
Insert the following section:
## 6.35 DATA PROCESSING CENTRES
(1) All data processing centre applications will be reviewed to ensure th oroposal will not negatively impact the surrounding area in which it is located an all applications will be at the discretion of the Development Authority.
(2) All necessary approvals will be required from the Alberta Utilities Commission.
(3) Fire Safety Plan to be submitted to the satisfaction of the County's Fire Chief.
(4) No advertising, except for company's name and/or logo subject to approva rom the County, shall be visible from the property
(5) Lighting for the development to comply with Dark Sky and Crime Preventior Through Environmental Design Principles
(6) Landscaping and building design to comply with Section 6.14 Landscaping and the County's Highways and County Main Roads Overlay 'OD-1' District. In addition, the Development Authority may require additional landscaping or a buffer such as a berm.
(7) A noise attenuation study conducted by a qualified professional may be required by the Development Authority. If deemed necessary, a noise mitigation plan that may include a noise monitoring system may also be required.
(8) A data processing centre that includes a power plant shall provide written notice from the Alberta Utilities Commission that the power plant meets all the Alberta Utilities Commission requirements.
(i) If, in the opinion of the Development Authority, the above noted setback will be insufficient to buffer the data processing centre and associated power plant from a dwelling, the Development Authority may increase the required setback; and
(a) If the Alberta Utilities Commission deems the application outside of their regulatory authority, then a data processing centre and associated power plant in the Agricultural 'A' District shall be located a minimum of 800m (2,625 ft) from a dwelling that is located on an adjacent, separately titled property. Distances shall be measured between the proposed site area of the data processing centre and associated power plant to the exterior wall of the dwelling;
(ii) If, in the opinion of the Development Authority, the noise attenuation study and noise mitigation plan is deemed sufficient to buffer the data processing centre and associated power plant from a dwelling, the Development Authority may decrease the required setback.
(9) i appointinie nature eate beyonde property bare are shaling Arthuid by the data processing centre as determined by the Development
(10) The Development Authority may require the applicant for a data processing centre to provide proposed mitigation measures for dust, traffic, noise and visual impact of the development.
## PART 7 - LAND USE DISTRICTS
## 7.1 AGRICULTURAL DISTRICT (A)
## 2 USES
Add Discretionary use: Data processing centre
## 3 REGULATIONS
Amend (1)(a) Minimum Site Area as follows:
(a) All of the land contained in the existing titled area, unless otherwis approved by the Subdivision Authority
## Amend (2) Floor Area as follows
(b) The minimum floor area for a dwelling unit shall be not less than 69.68 m (750 ft2).
## 7.2 GENERAL COMMERCIAL DISTRICT (C-GC)
## 2 USES
## Move from a Discretionary use to a Permitted use:
Alternative energy, personal
## 3 REGULATIONS
Amend (1)(a) Minimum Site Area as follows:
(a) All of the land contained in the existing titled area, unless otherwise approved by the Subdivision Authority.
## 7.3 HIGHWAY COMMERCIAL DISTRICT (C-HC)
## 2 USES
## Move from a Discretionary use to a Permitted use:
Alternative energy, personal
## 3 REGULATIONS
Amend (1)(a) Minimum Site Area as follows:
(a) All of the land contained in the existing titled area, unless otherwise approved by the Subdivision Authority.
## 7.4 HAMLET COMMERCIAL DISTRICT (C-H)
## 2 USES
## Move from a Discretionary use to a Permitted use:
Alternative energy, personal
## Add Discretionary use:
Special event, major (in Fringe Commercial Area Only)
## 7.5 BUSINESS INDUSTRIAL DISTRICT (I-BI)
## 2 USES
## Move from a Discretionary use to a Permitted use
Alternative energy, personal
## Add Permitted uses:
Rail yard
Rail spur
## Add Discretionary use:
## 3 REGULATIONS
Data processing centre
Amend (1)(a) and 1(b) Minimum Site Area as follows:
b) The maximum size of a lot adjacent to a provincial highway or a county mair oad shall be 4 ha (10 ac), unless otherwise approved by the Subdivisio Authority.
(a) All of the land contained in the existing titled area, unless otherwise approve by the Subdivision Authority.
## 7.6 HEAVY INDUSTRIAL DISTRICT (I-HI)
## 2 USES
## Move from a Discretionary use to a Permitted use:
Accessory building and use, except those buildings that are exempt under section 3.2(1)(f) in Part 3 of this Bylaw
Security/operator suite
Narehousing
## Add Permitted uses:
Rail yard
Rail spur
## Add Discretionary use:
Data processing centre
## 3 REGULATIONS
Amend (1)(a) Minimum Site Area as follows:
(a) All of the land contained in the existing titled area, unless otherwise approve by the Subdivision Authority.
## 7.7 HAMLET INDUSTRIAL DISTRICT (I-H)
## 2 USES
## Move from a Discretionary use to a Permitted use:
Alternative energy, personal
## Add Permitted uses:
Rail yard
Rail spur
## 7.8 RECREATION DISTRICT (PR)
## 2 USES
## Move from a Discretionary use to a Permitted use:
Alternative energy, personal
## 3 REGULATIONS
## Amend (1)(a) Minimum Site Area as follows:
(a) All of the land contained in the existing titled area, unless otherwise approved by the Subdivision Authority.
## 7.9 HAMLET PUBLIC RECREATION DISTRICT (PR-H)
## 2 USES
## Move from a Discretionary use to a Permitted use:
Alternative energy, personal
## 7.10 RECREATIONAL VEHICLE RESORT DISTRICT (R-RVR)
## 3 REGULATIONS
Amend (1)(a) Minimum Site Area as follows:
(a) All of the land contained in the existing titled area, unless otherwise approved by the Subdivision Authority.
## 7.11 HAMLET DISTRICT (H)
## 3 REGULATIONS
mend (1)(c) Minimum Site Area as follows
c) All of the land contained in the existing titled area, unless otherwise approve by the Subdivision Authority.
## Amend (2) Floor Area as follows:
(a) The minimum floor area for a dwelling unit shall be not less than 69.68 m? (750 fZ). Standards for other uses shall be as required by the Development
## 7.12 HAMLET RESIDENTIAL 1 DISTRICT (H-R1)
## 3 REGULATIONS
Amend (2) Floor Area as follows:
All dwelling units minimum 69.68 m? (750 ft2)
## 7.13 HAMLET RESIDENTIAL 2 MOBILE HOME DISTRICT (H-R2)
## 3 REGULATIONS
Amend (2) Floor Area as follows:
All mobile homes minimum 69.68 m? (750 ft?)
## 7.14 HAMLET RESIDENTIAL 3 DISTRICT (H-R3)
## 3 REGULATIONS
Amend (1)(e) Minimum Site Area as follows:
(e) Lots that are to be used for non-residential purposes shall have an area as approved by the Subdivision Authority.
## 7.15 COUNTRY RESIDENTIAL DISTRICT (R-CR)
## 3 REGULATIONS
Amend (1)(a) and (1)(c) Minimum Site Area as follows:
(a) A residential dwelling shall be located on a lot that has an area of at least 1.01 ha (2.50 ac) but less than 1.62 ha (4 ac), unless the Subdivision Authority has approved a varied parcel size.
(c) Lots that are to be used for non-residential purposes shall have an area as approved by the Subdivision Authority.
## 7.16 COUNTRY RESIDENTIAL ESTATE DISTRICT (R-CRE)
## 3 REGULATIONS
Amend (1)(a) and (1)(e) Minimum Site Area as follows:
(e) Lots that are to be used for non-residential purposes shall have an area as approved by the Subdivision Authority.
(a) A lot that is to be used as a site for a residence shall have an area of at least 0.51 ha (1.25 ac) but less than 1.01 ha (2.50 ac), unless the Subdivision Authority has approved a varied parcel size.
## 7.17 RESIDENTIAL CONSERVATION (CLUSTER) DISTRICT (R-RCC)
## 3 REGULATIONS
Amend (1)(a), (1)(b) and (1)(c) Minimum Site Area as follows:
(b) A lot that is to be used as a site for a residence which is serviced by communal, municipal or regional water and wastewater systems shall have an area of at least 0.10 ha (0.25 ac) but less than 0:51 ha (1.25 ac), unless the Subdivision Authority has approved a varied parcel size.
(a) A lot that is to be used as a site for a residence which is not serviced by communal, municipal or regional water and wastewater systems shall have ar area of at least 0.51 ha (1.25 ac) but less than 1.01 ha (2.50 ac), unless the Subdivision Authority has approved a varied parcel size.
(c) Lots that are to be used for non-residential purposes shall have an area as approved by the Subdivision Authority.
Amend (5)(b) Setbacks from a Side Line as follows:
(b) Where a right-of-way is situated in the Residential Conservation (Cluster) 'RRCC' District, the setback from the right-of-way and other property lines shall be as follows:
Side Line 1.52 m (5 ft)
3.05 m (10 ft) from a side line adjacent to a right of-way other than a lane
## 7.18 RESIDENTIAL LAKE AREA DISTRICT (R-RLA)
## 3 REGULATIONS
Amend (1)(a), and (1)(g) Minimum Site Area as foilows:
(g) Lots that are to be used for non-residential purposes shall have an area as approved by the Subdivision Authority.
(a) A lot that is to be used as a site for a residence shall have an area of at least 0.51 ha (1.25 ac) but less than 1.01 ha (2.50 ac), unless the Subdivision Authority has approved a varied parcel size.
## 7.19 HIGHER DENSITY RESIDENTIAL DISTRICT (R-HDR)
## 3 REGULATIONS
Amend (1)(a) Minimum Site Area as follows:
(a) All of the land contained in the existing titled area, unless otherwise approved by the Subdivision Authority.
## 7.20 URBAN FRINGE RESIDENTIAL DISTRICT (R-UFR)
## 3 REGULATIONS
## Amend (1)(a) and I1)(b) Minimum Site Area as follows:
(a) A lot to be used for a site of a residence shall have an area of at least 0.07 ha (0.18 ac) in interior parcels and 0.08 ha (0.2 ac) on corner parcels, unless the Subdivision Authority has approved a varied parcel size. (b) No lot shall have an area greater than 0.10 ha (0.25 ac), unless Subdivision Authority has approved a varied parcel size.
This Bylaw shall come into effect upon final passage thereof.
INTRODUCED AND GIVEN FIRST READING this 13 day of April, 2023
GIVEN SECOND READING this 22 day of June, 2023
GIVEN THIRD AND FINAL READING this 22 day of June, 2023
salem
Etin
County Manager
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