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Part 5 - Specific Use Regulations
5.1.
Animal Service Facilities, Minor and Major
5.1.1 Animal Service Facilities shall be designed to adequately
suppress noise from adjacent properties.
5.1.2
A separate air extractor system shall be provided for animal
holding areas where heating, cooling, and air circulation systems
are shared with other businesses.
5.1.3 Facilities permitted to board animals overnight shall be equipped
with indoor exercise runs, and the permit application shall
demonstrate that the number of runs provided is sufficient to meet
the needs of the animals being boarded.
5.1.4
Animal Service Facilities, Major shall not be permitted within
150.0 m of a residential district.
5.1.5 All exterior exercise areas, such as runs, shall be enclosed with a
fence acceptable to the Development Officer with a minimum
height of 1.8 m.
5.1.6
Additional screening from adjacent sites may be required at the
discretion of the Development Officer.
5.1.7
The Town's Animal Control Bylaw shall apply to all developments
under this Section.
5.2
Bed and Breakfast
5.2.1
A Bed and Breakfast shall be an accessory use to the principal
use of the residential dwelling.
5.2.2
A maximum of three (3) guest rooms may be provided within the
residential dwelling.
5.2.3
A bed and breakfast shall be operated in a manner that ensures
the privacy and enjoyment of adjacent residents is preserved and
the amenities of the neighborhoods are maintained at all times to
the satisfaction of the Development Officer.
5.2.4
A bed and breakfast shall not be approved within a building where
a development permit has been issued for the following:
a)
Home Business, Major
b) Group Home, Major
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c) Group Home, Minor
d) Secondary Suite
e) Family Day Home
5.2.5
The principal character and appearance of the residential use
shall not be altered by the development of a Bed and Breakfast.
5.2.6
One additional on-site parking stall is required for each guest
room.
5.2.7
No kitchen facilities shall be available in guest rooms.
5.3
Campground
5.3.1
Where a campground proposal will exceed sixty (60) campsites,
cabins or both, and is located on a parcel greater than 8 ha, a
master plan or conceptual plan for the development of the entire
tract of land shall be submitted and approved by the Development
Authority prior to submitting a development permit application for
any site specific development. The master plan or conceptual
plan shall include detailed plans and specifications (i.e., servicing,
traffic, environmental considerations) for the initial stage, as well
as any subsequent stages of development.
5.3.2
A minimum of 10% of the gross lot area of the campground shall
be set aside for a common recreation area and shall be
developed and maintained as a park, playground or other useable
open space. No portion of any other use or facility or both shall
be included in this area.
5.3.3
Visitor parking shall be provided in common areas within a
campground area, to the satisfaction of a Development Officer.
5.3.4
All campgrounds shall be provided with safe and convenient
vehicular access and all roadways within a campground shall be
of a surface and standard acceptable to a Development Officer for
the
purposes
of
accommodating
emergency,
fire
and
maintenance vehicles.
5.3.5
Within a campground development, the roadway system will be
sensitive to the topography and site characteristics of the site and
shall have adequate signage to avoid confusion.
5.3.6
All campsites shall be accessible by means of an access at least
3.0 m in width where the access is for one-way traffic, or at least
6.0 m in width where the access is for two-way traffic.
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5.3.7
Trees and natural vegetative cover shall not be removed without
an approved development permit, master plan or conceptual plan.
The Development Authority may prevent the removal of trees or
shrubs adjacent to environmentally sensitive areas.
5.3.8
Abutting residential area(s) shall be screened by a solid fence or
year-round vegetation with a minimum height of 2 m, to the
satisfaction of the Development Officer.
5.3.9
Fires are permitted only in facilities, which conform to the
requirements of the Town of Lamont Fire Department.
5.3.10 Pedestrian walkways having a width of not less than 1.2 m shall
be provided from the recreational vehicle spaces to all service
buildings, facilities, refuse collection area, and recreation areas.
The walkways shall be well drained, well lighted, and the surface
shall be constructed of a standard to the satisfaction of a
Development Authority.
5.3.11 The storage, collection and disposal of solid waste in campgrounds
shall be carried out in a manner that does not create health
hazards, rodent harbourage, insect breeding areas, accident or
fire hazards. Individual or grouped refuse containers must be
screened to the satisfaction of a Development Officer.
5.3.12 Campgrounds with less than sixty (60) campsites and no
permanent cabins shall be required to provide sewage disposal
and water service facilities to the satisfaction of the Development
Authority.
5.3.13 Campgrounds with more than sixty (60) campsites and with
permanent cabins shall provide on-site services as follows:
a)
water supply system shall be provided for each campsite
designed to accommodate the campground user occupying
a self-contained recreational vehicle or a cabin and shall be
connected to a community water supply system. The water
system for a campground shall be constructed to the
satisfaction of the Development Authority in accordance with
all applicable Provincial and Town regulations;
b)
alternatively, a campground may provide one or more easily
accessible water supply outlets for filling potable water
storage tanks. The water supply outlets shall be located
within 100 m of the campsites. The water supply outlets shall
be constructed to the satisfaction of the Development
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Authority in accordance with all applicable Provincial and
Town regulations;
c)
an adequate and safe sewage disposal system shall be
provided in a campground for each campsite designed to
accommodate the campground user occupying a self-
contained vehicle or cabin and shall be connected to a
community sewage system, sanitary dumping station or both
to the satisfaction of the Development Authority. The sewage
disposal system in a campground shall be constructed to the
satisfaction of the Development Authority and shall comply
with all applicable Provincial and Town regulations, and shall
be maintained to the standards of the regulatory approvals;
d) a campground shall be provided with sanitary dumping
stations in the ratio of one for every one hundred
recreational vehicle spaces or fractional part thereof. The
sanitary dumping stations shall be designed and maintained
to Town regulations and standards to the satisfaction of the
Development Authority. Each station shall provide a water
outlet, with the necessary appurtenances connected to the
water supply system to permit periodic wash down of the
immediate adjacent areas. A sign shall be posted near the
water outlet indicating that this water is for flushing and
cleaning purposes only. Sanitary stations shall be separated
from any campsite or cabin by a distance of not less than 20
m: and
e)
in no case shall less than one toilet and lavatory be provided
for each gender for every ten campsites.
5.3.14 Campgrounds, containing campsites and cabins, are considered
temporary occupancies, and subsequently, the maximum
occupancy is two hundred and forty (240) days per calendar year.
5.3.15 The minimum size for a campsite is:
a)
10 m in width
b) 25 m in depth; and
c) 325 m2 in area.
5.3.16 A recreational vehicle on a campsite, shall be separated a
minimum of 3.0 m from:
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a) another recreational vehicle on an adjacent site;
b) other structures; and
c) an interior roadway
5.3.17 Each campsite shall provide two parking spaces on the campsite.
5.3.18 All campsites shall be required to provide an acceptable form of
ground cover to prevent erosion. Natural vegetation shall not be
removed from campsites without an approved development
permit. The Development Authority may prevent the removal of
trees or shrubs adjacent to environmentally sensitive areas.
5.3.19 Each campsite shall be numbered in a conspicuous location and
a site or location map shall be posted at the entrance to each
campground area clearly identifying streets, campsite numbers
and parking areas.
5.3.20 Temporary outdoor storage for trailers only (e.g., 5th Wheel, RV)
may be provided on the site during the off-season (winter) months
subject to:
a) the outdoor storage area shall be fenced, secured and
gravelled;
b) the total number of trailers to be stored shall not exceed a
maximum of 30% of the total number of campsites.
5.4
Cannabis Retail Sales Bylaw 06/18
5.4.1
Cannabis retail sales shall not be located within 100 metres of a
provincial health care facility; a school or a parcel of land
designated as school reserves or as amended from time to time
by the Province of Alberta.
5.4.2 Cannabis retail sales shall not be permitted to co-locate with retail
outlets dealing with pharmaceuticals, tobacco or alcohol, or as
amended from time to time by the Province of Alberta.
5.4.3
Cannabis retail sales located adjacent to any site being used for
public outdoor or indoor recreation shall be required to install
uniform fencing around the perimeter of the site, with no
pedestrian or vehicular access permitted between the sites.
5.4.4
Cannabis retail sales shall be located within 100 metres of any site
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being used for religious assembly or any site being used for a
preschool, daycare or after school care.
5.4.5 Cannabis retail sales shall not be located within 50 metres of any
other cannabis retail sales outlet.
5.4.6 The hours of operation shall not extend beyond 10:00 am - 2:00
am, or as amended from time to time by the Province of Alberta.
5.4.7 The number of parking spaces required shall be in accordance with
Table Section 6.6.1 - under "Any commercial uses not listed
specifically within this table" or "Commercial Uses in the C1
Commercial District", whichever is applicable.
5.4.8 A development authority must not issue a development permit if the
proposed development does not comply with the applicable
requirements of regulations under the Gaming, Liquor and
Cannabis Act, respecting the location of premises described in a
cannabis licence and distances between those premises and other
premises.
5.4.9 The separation distance between Cannabis retail sales and any of
the uses identified in 5.4.1, 5.4.4 and 5.4.5 above shall be
measured from the closest point of the exterior wall of the building
in which the proposed Cannabis retail sales use is located to the
closest point of the exterior wall of the building in which the other
use is located. The separation distance shall not be measured from
district boundaries.
5.5
Car Wash
5.5.1
A Car Wash shall not have any vehicle exiting doors located
within 20.0 m of a residential district, when measured from the
edge of the building to the nearest property line.
5.5.2
The Development Officer shall consider the location of on-site
activities, such as vehicle queuing and vacuum cleaning, that may
adversely affect adjacent properties and may require additional
screening or yard setbacks.
5.5.3
Queuing spaces shall be in accordance with Section 4.17
5.6
Child Care Services
5.6.1
A Child Care Facility shall, in addition to the regulations of this
Land Use Bylaw, also be subject to Provincial Child Care
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Licensing Regulations, as amended.
5.6.2
A Child Care Facility shall be located in a separate, self-contained
space, either within the principal building on the site or in an
accessory building, with separate access to ground level.
5.6.3
The Development Officer shall, when deciding whether to approve
or refuse a Child Care Facility, take into account among other
matters, such as traffic, noise and proximity to incompatible uses
(e.g., Retail Alcohol, Neighborhood Pub, etc.) to ensure the
proposed Child Care Facility is not adjacent to existing
incompatible uses.
5.6.4 No portion of a Child Care Facility, including the building, tenant
space and, where provided, outdoor play space, shall be located
within 50.0 m of a Service Station or Gas Bar. This distance shall
be measured from the pump island, fill pipes, vent pipes, or the
associated building, depending on whichever is closest to the
Child Care Facility.
5.6.5
Child Care Services shall not be located within 100 metres of any
site being used for Cannabis Retail Sales. Bylaw 06/18
5.6.6
The separation distance between Child Care Services and a
Cannabis Retail Sales site shall be measured from the closest
point of the exterior wall of the building in which the proposed
Cannabis retail sales use is located to the closest point of the
exterior wall of the building in which the other use is located. The
separation distance shall not be measured from district
boundaries. Bylaw 06/18
5.7
Communication Tower - Utility Service Minor
5.7.1
Subject to the following regulations, the Town shall follow the
Default Public Consultation Process set out by Industry Canada in
regard to Radio communication and Broadcasting Antenna
Systems, as amended.
5.7.2
To initiate the Public Consultation process, and for tracking
purposes, the applicant shall submit a complete Development
Permit application to the Town, in accordance with Section 3.6.
The following should be considered in the design and siting of
both tower and antenna structures as well as auxiliary buildings:
a) Screening
of
facilities
by
using
existing
vegetation,
landscaping, fencing, or other means in order to blend with the
built and natural environments.
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b) Design and color sensitive to the style of architecture in the
neighbourhood to encourage unobtrusive, inconspicuous
appearance.
c) Massing - situate as near as possible to similarly scaled
structures.
d) Lighting of the facilities is prohibited unless required by
Navigation Canada.
e) Stealth and/or monopole structures with flush mounted
antennas should be used to better integrate form with the
existing built environment. Where co- location on a single
structure is desired, opportunities to design equipment within a
single structure should be investigated.
f) Access to facilities should be possible without unduly
interfering with traffic flow or without unduly creating safety
hazards.
5.7.3
Communications Towers are not permitted in residential districts.
5.7.4 Upon completion of the Public Consultation Process the Town
shall provide a letter of support or non-support to Industry Canada
detailing:
a) its' reasons for support or non-support of the proposed facility
from the Town's land use perspective, and;
b) whether the carrier had adequately carried out the public
consultation process established by Industry Canada.
5.8
Dwelling, Backyard Suite Bylaw 08/20
5.8.1 A backyard suite contains two or more rooms used or designed to
be
used as a residence by one or more persons.
5.8.2 Contains kitchen, living, sleeping and sanitary facilities.
5.8.3 Is located in a detached accessory building located in the rear yard.
5.8.4 May be attached to an accessory building
5.8.5 Is considered accessory and secondary to the principal use of a
single
detached dwelling.
5.8.6 Must be located on the same parcel as a single detached dwelling.
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5.8.7 A backyard suite and a secondary suite shall not be located on the
same parcel.
5.8.8 A backyard suite shall provide one (1) graveled parking space on-
site
which shall be accessed from the rear land.
5.8.9 A backyard suite shall only be allowed on a lot with rear land
access.
5.9
Dwelling, Single - Modular Home (Ready to Move) Bylaw 08/20
5.9.1 Modular homes must comply to the CSA A277 standard and must
comply with the applicable district regulations of the Land Use
Bylaw.
5.9.2 Modular homes must comply with the following architectural
regulations:
a)
the height of the main floor above grade shall be consistent
with the height of the main floor of dwelling units in the
immediate and general area.
b)
The roof pitch, style, and features, such as gables shall be
consistent with the roofs of dwelling units in the immediate
and general area.
c)
The roof overhang/eaves shall be a minimum of 30cm from
the
surface of each wall.
d)
The design of each modular dwelling unit shall ensure the
side
facing the street on which the home fronts contains a
prominently placed 'front door' and windows in
quantity and
size that are consistent with dwelling units in
the immediate
area.
e)
The foundations must comply with the same building code
requirements as on-site built homes.
f)
Skirting enclosures shall be parged or finished similarly in
appearance to that customarily found on basements of other
detached dwellings in the immediate and general area.
g)
The modular home shall be a minimum of 20 feet in width or
wider.
5.10 Gas Bars and Service Stations
5.10.1 The maximum site coverage for all buildings on a site under this
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section shall be 25% of the Site area.
5.10.2 The minimum site area for a Gas Bar shall be 600m
2, or 1200m
2
where a Gas Bar is part of a development with a Car Wash.
5.10.3 The minimum site area for a Service Station shall be 1500m
2, or
2100m
2 where a Service Station is part of a development with a
Car Wash.
5.10.4 Where a Service Station or a Gas Bar is an Accessory Use, the
minimum site area and maximum site coverage may be varied at
the discretion of the Development Officer.
5.10.5 All fuel pumps shall be located a minimum of 6.0 m from the Site
boundary.
5.10.6 A canopy over a fuel pump may extend to within 3.0 m of the Site
boundary.
5.10.7 Where Gas Bars or Service Stations are adjacent to, or abut, a
residential district the Development Officer shall consider the
design, finishing, lighting and siting of the development, including
the orientation of gas pump islands and service bays with the
intent of achieving a compatible relationship with surrounding
development and a high standard of appearance when viewed
from the adjacent Streets.
5.11 Group Home Major and Group Home Minor
5.11.1 Pedestrian and vehicular traffic shall not be generated in excess
of what is characteristic for the area.
5.11.2 A site containing a Group Care Facility, or a Group Home Limited
shall not contain a Secondary Suite.
5.12 Home Business, Major and Minor
5.12.1 All home businesses shall comply with the following general
regulations:
a) Nuisance shall not be generated by a home business.
b) One vehicle of a client, customer or delivery arriving at the
home business shall constitute one visit.
c) Except for emergency situations, vehicle trips, deliveries and
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client or customer visits shall only occur:
i)
between the hours of 8:00 a.m. and 9:00 p.m. Monday
to Saturday; and
ii)
between the hours of 10:00 a.m. and 6:00 p.m. Sundays
and Statutory holidays.
d) All parking for clients or customers, home business vehicles
and non-resident employees shall be provided on-site, except
for an occasional gathering such as a recital, instruction
demonstration, meeting, or similar event.
e) Signs shall be as outlined in Part 8 of this Bylaw.
f) A development permit shall expire upon change in ownership
of the property.
g) Where the Development Officer determines that a proposed
home business would be more appropriately located in a
commercial or industrial district due to the proposed scale,
potential traffic generation, potential off-site impact or
nuisance, the Development Officer shall not approve a
development permit.
5.12.2 A home business, minor is a permitted use, subject to the
provisions of Section 5.12.1 and the following:
a)
storage of materials or goods related to the home business
shall be limited to areas within the principal dwelling; and
b)
shall not exceed two (2) home business vehicles.
5.12.3 A home business, major is a discretionary use, subject to the
provisions of Section 5.12.1, the definition in Part 9 of this Bylaw,
and the following:
a)
Any storage of materials or goods related to the home
business shall be located within the principal building or
accessory building(s). Exterior storage on the lot shall not
be allowed;
b)
There shall be:
i)
no more than two (2) home business vehicles;
ii) no heavy home business vehicles parked, stored or
maintained on the property;
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iii) no more than one (1) non-resident employee; and
iv) no more than six (6) client or customer visits per day.
5.13 Live/Work Unit
5.13.1 A live/work unit shall be located in a building that contains one
dwelling unit in addition to dedicated floor space for a principal
commercial use.
5.13.2 The dwelling unit component shall be accessory to the principal
commercial use.
5.14 Religious Assembly
5.14.1 A religious assembly shall:
a) have a minimum lot frontage of 30.0m; and
b) have a combined site area of not less than 1,300m2 where a
manse, rectory or other building is used for a residence related
to a religious assembly on the same site.
5.14.2 Where a religious assembly is adjacent to a residential district it
shall:
a) be located on a corner lot in such a way that it would minimize
the impact on adjacent development and in no instance shall a
religious assembly be approved in the interior of the block
unless at least one of the adjacent developments is other than
residential;
b) not exceed a total site coverage of 40%;
c) not exceed 10.0m in height or the maximum allowable height
of the district, whichever is greater;
d) be setback a minimum of 7.5m from the front and rear lot lines
to the principal building; and
e) be setback a minimum of 6.0m from any side lot line abutting a
residential district to the principal building.
5.14.3 To minimize impact on adjacent uses, the Development Officer
may require that the principal building be designed to reduce the
perceived massing through techniques such as:
a) increased setbacks and landscaping;
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b) articulation of elevations and rooflines; and
c) varying finishing materials and colors.
5.14.4 A religious assembly shall not be located within 100 metres of any
site being used for Cannabis Retail Sales. Bylaw 06/18
5.14.5 The separation distance between a Religious Assembly and a
Cannabis Retail Sales site shall be measured from the closest
point of the exterior wall of the building in which the proposed
Cannabis retail sales use is located to the closest point of the
exterior wall of the building in which the other use is located. The
separation distance shall not be measured from district
boundaries. Bylaw 06/18
5.15 Retail Alcohol
5.15.1 A Retail Alcohol Use shall not be located adjacent to any site
being used for public or private education or religious assembly.
Bylaw 03/18
5.15.2 A Retail Alcohol Use located adjacent to any site being used for
outdoor or indoor recreation shall be required to install uniform
fencing around the perimeter of the site, with no pedestrian or
vehicular access permitted between the sites. Bylaw 03/18
5.16 Secondary Suites
5.16.1 The following provisions shall apply to a secondary suite:
a) A secondary suite shall only be allowed within a single
detached dwelling.
b) A secondary suite shall not be allowed within a single dwelling
containing a Group Home Major or Minor or Bed and
Breakfast.
c) A secondary suite shall not exceed 40% of the gross floor area
of the principal dwelling.
d) The exterior of the principal dwelling shall appear to be a
single dwelling.
e) A minimum of one (1) on-site parking space shall be provided;
f) A secondary suite shall contain at least two rooms in which a
bedroom, cooking facilities and a bathroom are provided.
g) Only one secondary suite per single detached dwelling shall
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be permitted.
5.17 Surveillance Suites
5.17.1 A maximum of one Surveillance Suite shall be permitted on any
single Site.
5.17.2 A Surveillance Suite shall not be a principal use of the site.
5.17.3 The Development Permit for a Surveillance Suite is considered
void if the approved development with which the surveillance suite
is associated ceases or is removed.
5.17.4 The maximum Floor Area of a Surveillance Suite shall be 80.0
m2.
5.17.5 Where a Surveillance Suite is not part of the principal building it
shall be sited in accordance with the setback regulations of the
applicable district. Bylaw 08/20
5.17.6 The form of Surveillance Suite shall comply with the Alberta
Building Code, with proof submitted as part of the application. Bylaw
08/20
5.18 Wind Energy Conversion System (WECS)
5.18.1 WECS, Micro shall comply with Section 3.5.12