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TOWN OF LEGAL
LAND USE BYLAW
BYLAW NO. 05-2013
-
Amended by Bylaw #04-2018 - Cannabis
15 October, 2013
Land Use Bylaw 05-2013
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Table of Contents
1 | Introduction .............................................................................................................. 1
1.1
Title ................................................................................................................................ 1
1.2
Scope ............................................................................................................................. 1
1.3
Purpose.......................................................................................................................... 1
1.4
Metric & Imperial Measurements .................................................................................... 1
1.5
Compliance with Other Legislation ................................................................................. 1
1.6
Repeal ........................................................................................................................... 2
1.7
Date of Commencement ................................................................................................ 2
1.8
Definitions ...................................................................................................................... 2
2 | Establishment of Districts and Regulations ........................................................ 39
2.1
Establishment of Land Use Districts ............................................................................. 39
2.2
Establishment of Land Use District Regulations ........................................................... 40
3 | General Administration .......................................................................................... 41
3.1
Control of Development ................................................................................................ 41
3.2
Development Not Requiring a Permit ........................................................................... 41
3.3
Non-Conforming Buildings and Uses ............................................................................ 43
3.4
Approval Authorities ..................................................................................................... 44
4 | Development Applications .................................................................................... 45
4.1
Application for Development ......................................................................................... 45
4.2
Referral of Applications ................................................................................................ 52
4.3
Decision ....................................................................................................................... 52
4.4
Notice of Decision ........................................................................................................ 54
4.5
Validity of Development Permits ................................................................................... 56
4.6
Commencement and Completion ................................................................................. 56
4.7
Developer's Responsibility ........................................................................................... 57
4.8
On-Site and Off-site Services and Improvements ......................................................... 57
5 | Development Appeals ............................................................................................ 58
5.1
Appeal Procedure ........................................................................................................ 58
5.2
Appeal Hearing ............................................................................................................ 59
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5.3
Appeal Decision ........................................................................................................... 60
6 | Bylaw Amendments ............................................................................................... 63
6.1
Application for Amendment .......................................................................................... 63
6.2
Public Hearing Process ................................................................................................ 64
7 | Enforcement ........................................................................................................... 64
7.1
Contraventions, Stop Orders and Penalties .................................................................. 64
8 | General Regulations .............................................................................................. 67
8.1
Accessory Buildings in Residential Districts ................................................................. 67
8.2
Accessory Buildings in Other Districts .......................................................................... 69
8.3
Amateur and Small Radio Antennas ............................................................................. 69
8.4
Bareland Condominiums .............................................................................................. 70
8.5
Basic Campgrounds ..................................................................................................... 70
8.6
Bed & Breakfast Establishments .................................................................................. 73
8.7
Building Exteriors ......................................................................................................... 73
8.8
Cannabis Production and Distribution .......................................................................... 74
8.9
Cannabis Retail Sales Establishments ......................................................................... 76
8.10 Car Washes ................................................................................................................. 74
8.11 Churches & Other Places of Religious Assembly ......................................................... 78
8.12 Confined Feeding Operations & Manure Storage Facilities .......................................... 78
8.13 Crime Prevention Through Environmental Design ........................................................ 78
8.14 Development on Corner and Double Fronting Lots ....................................................... 78
8.15 Day Use and Picnic Areas ............................................................................................ 80
8.16 Development of a Project ............................................................................................. 80
8.17 Drive-In Businesses ..................................................................................................... 80
8.18 Dwelling Units on a Lot ................................................................................................. 81
8.19 Emergency Access to Buildings ................................................................................... 81
8.20 Existing Substandard Lots ............................................................................................ 81
8.21 Fences, Walls & Hedges .............................................................................................. 82
8.22 Garage Suites .............................................................................................................. 84
8.23 Group Homes, Day Homes and Child Care Facilities ................................................... 85
8.24 Hazardous Materials .................................................................................................... 86
8.25 Home Occupations ....................................................................................................... 87
8.26 Industrial Developments ............................................................................................... 90
8.27 Industrial Hemp Production Facility .............................................................................. 91
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8.28 In-law Suites ................................................................................................................ 91
8.29 Intensive Agriculture ..................................................................................................... 94
8.30 Keeping of Domestic Pets & Livestock ......................................................................... 94
8.31 Landscaping ................................................................................................................ 96
8.32 Manufactured or Mobile Homes .................................................................................. 99
8.33 Motels ......................................................................................................................... 99
8.34 Moved-In Buildings .................................................................................................... 100
8.35 Multiple Dwelling Developments ................................................................................ 100
8.36 Municipal Services, Sanitary Facilities & Road Availability ........................................ 100
8.37 Neighbourhood Commercial Developments .............................................................. 101
8.38 Objects Prohibited or Restricted in Yards .................................................................. 102
8.39 Off-Street Loading ..................................................................................................... 103
8.40 Off-Street Parking ..................................................................................................... 105
8.41 On-Site Sewage Disposal & Water Supply Services .................................................. 112
8.42 Pet Shops, Kennels, Veterinary Clinics or Hospitals & Animal Grooming Businesses
112
8.43 Places of Worship ..................................................................................................... 113
8.44 Private Swimming Pools and Hot Tubs ..................................................................... 113
8.45 Projections Into Yards ............................................................................................... 114
8.46 Protection From Exposure Hazards ........................................................................... 114
8.47 Recreational Uses ..................................................................................................... 115
8.48 Recreational Vehicles ............................................................................................ 11616
8.49 Recreational Vehicle Campgrounds ...................................................................... 11717
8.50 Relocation of Buildings Other Than Manufactured Homes ........................................ 117
8.51 Sea Cans .................................................................................................................. 118
8.52 Secondary Suites ...................................................................................................... 119
8.53 Service Stations & Gas Bars ..................................................................................... 120
8.54 Signs ......................................................................................................................... 121
8.55 Shopping Centres ..................................................................................................... 131
8.56 Show Homes ............................................................................................................. 131
8.57 Sidewalk Cafes ......................................................................................................... 132
8.58 Site Conditions .......................................................................................................... 138
8.59 Solar Energy Collection Systems .............................................................................. 138
8.60 Sour Gas Facilities .................................................................................................... 139
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8.61 Subdivision of Land ................................................................................................... 140
8.62 Surveillance Suites .................................................................................................... 140
8.63 Topsoil Removal ....................................................................................................... 141
8.64 Wind Energy Conversion Systems, Large ................................................................. 141
8.65 Wind Energy Conversion Systems, Micro .................................................................. 143
8.66 Wind Energy Conversion Systems, Small ................................................................. 144
8.67 Wireless Communication Facilities ............................................................................ 145
9 | Land Use District Regulations ............................................................................ 147
9.1
R1a -Residential District ............................................................................................ 147
9.2
R1b - Small Lot Residential District ........................................................................... 151
9.3
R2 - Medium Density Residential District ................................................................... 153
9.4 R3 - High Density Residential District ........................................................................ 156
9.5
C1 - Downtown Commercial District .......................................................................... 159
9.6
C2 - Highway Commercial District ............................................................................. 162
9.7
C3 - General Commercial District .............................................................................. 165
9.8
M1 - Industrial District ................................................................................................ 169
9.9
US - Urban Services District ...................................................................................... 172
9.10 DC - Direct Control District ........................................................................................ 173
9.11 UR - Urban Reserve District ...................................................................................... 176
10 | Land Use District Map ........................................................................................ 178
Land Use Bylaw 05-2013
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1 | Introduction
1.1 Title
The title of this Bylaw shall be the Land Use Bylaw of the Town of Legal.
1.2 Scope
No development shall be permitted within the boundaries of the Town of Legal unless it conforms
to the provisions of this Bylaw.
1.3 Purpose
The purpose of this Bylaw is to regulate the use and development of land and buildings within the
Town to achieve the orderly and economic development of land, and for that purpose, amongst
other things:
(1)
to divide the Town into districts;
(2)
to prescribe and regulate for each district the purposes for which land and buildings
may be used;
(3)
to establish a method of making decisions on applications for development permits
including the issuing of development permits;
(4)
to provide the manner in which notice of the issuance of a development permit is
to be given;
(5)
to establish the procedures for making amendments to the Bylaw; and
(6)
to establish the number of dwelling units allowed on a parcel of land.
1.4 Metric & Imperial Measurements
Whenever measurements are presented in this Bylaw, metric values are used and shall take
precedence. Imperial equivalents, provided in parenthesis, are approximate and intended for
information only.
1.5 Compliance with Other Legislation
In addition to the requirements of this Bylaw, an applicant must comply with any Federal,
Provincial or Municipal legislation including requirements of a Development Permit or
Agreement.
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The applicant/landowner must also comply with the conditions of any easement or covenant which
affects the development or subdivision.
1.6 Repeal
Land Use Bylaw #07-98 and any and all amendments thereto are hereby repealed upon final
passing of the Bylaw.
1.7 Date of Commencement
This Bylaw shall come into full force and effect upon the day it receives third and final ready by
Council.
1.8 Definitions
For the purposes of this Bylaw:
"abut" or "abutting" means immediately contiguous or physically touching, and, when
used with respect to a lot or site, means that the lot or site physically touches upon another
lot or site, and shares a property line or boundary line with it;
"accessory building" means a building separate and subordinate to the main building and
use which is incidental to the main building and is located on the same parcel of land. An
accessory building to a residential use means a garage, carport, shed, storage buildings,
portable tented structure, hobby greenhouse, sundeck, permanently installed private
swimming pool or hot tub, and similar buildings. Where an accessory development is
attached to the main building on a lot by a roof or an open or enclosed structure, except
carports where vehicular access to the rear yard is not obstructed, said accessory
development is part of the main building and not an accessory building and shall, unless
otherwise specified in this Bylaw, adhere to the yard and other requirements for main
buildings;
"accessory use" means a use customarily incidental and subordinate to the main use or
building and is located on the same parcel of land with such main use or building;
"Act" means the Municipal Government Act, R.S.A. 2000, as amended;
"adjacent land" means land that is contiguous to a particular parcel of land and includes:
(a)
land that would be contiguous if not for a highway, road, river or stream
and;
(b)
Any other land identified in the Bylaw as adjacent (see figure 1).
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"adult use" means any of the following: Adult Bookstore, Adult Motion Picture Theater,
Adult Paraphernalia Store, Adult Video Store, and Live Nudity Establishment or any other
business or establishment characterized by an emphasis depicting, describing or related to
sexual conduct or excitement. For the purposes of this definition an adult use is any use or
combination of uses which either have greater than twenty-five percent (25%) of the subject
establishment's inventory stock; or twenty-five percent (25%) of the subject premise's gross
floor area, or 18.5 sq. m (200 sq. ft.), whichever is greater devoted to materials for sale or
rent distinguished by or characterized by their emphasis depicting, describing, or relating
to sexual conduct or sexual excitement;
"agricultural industry" means an industrial activity involving the processing, cleaning,
packing or storage of the results from agricultural production. Agricultural industry
includes, but is not restricted to, seed cleaning and/or processing plants, and grain elevators,
but does not include the manufacture of processed foods resulting from agricultural
production or abattoirs;
"agricultural operation" means an agricultural operation as defined in the Agricultural
Operation Practices Act;
Figure 1: Adjacent Land Examples
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"agricultural production" means the production of an agricultural operation. It shall also
mean the agricultural product storage, service facilities and farmsteads which relate to the
individual farm unit;
"amateur and small radio antennas" means a development that is intended for
transmitting or receiving radio communications signals from devices such as ham radios,
fleet dispatch systems, or private communications systems. Typical amateur or small radio
communications towers are short, usually no more than 3 m (9.8 ft.) taller than the adjacent
buildings;
"amusement establishment, indoor" means a development providing recreational
facilities with table games and/or electronic games played by patrons for entertainment.
Indoor amusement establishments include billiard parlours and electronic games arcades
with tables and/or games and bowling alleys;
"amusement establishment, outdoor" means a development providing recreational
facilities outdoors played by patrons for entertainment. Outdoor amusement establishments
include amusement parks, go-cart tracks, and miniature golf courses. However, outdoor
amusement establishments do not include drive-in motion picture theatres, carnivals or
circuses;
"animal hospital" means a building used by veterinarians primarily for the purposes of
the consultation, diagnosis and office treatment of domestic pets, but shall not include long-
term board facilities for animals nor kennels;
"apartment" means a dwelling containing three (3) or more dwelling units, but shall not
mean row housing;
"area of copy" means the entire area within a single common continuous perimeter
enclosing the extreme limits of the advertising message, announcement or decoration on a
sign, and shall, for the purpose of area calculation, be square or rectangular in shape;
"auctioneering establishment" means a development specifically intended for the
auctioning of goods and equipment, including the temporary storage of such goods and
equipment. Auctioneering establishments do not include flea markets;
"automotive and equipment repair shop" means a development where automobiles,
motorcycles, snowmobiles and similar vehicles are serviced or mechanically repaired and
where related accessories and parts are sold and/or installed. Automotive and equipment
repair shops include transmission shops, muffler shops, tire shops, automotive glass shops,
and upholstery shops, but not body repair or paint shops;
"automotive and recreational vehicle sales/rentals establishment" means a
development where new or used automobiles, trucks, motorcycles, snowmobiles, tent
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trailers, boats, travel trailers, or similar recreational vehicles or craft are sold or rented,
together with incidental maintenance services and sale of parts. Automotive and
recreational vehicle sales/rental establishments include automobile, recreational vehicle,
and motorcycle dealerships and rental agencies;
"basement" means the portion of a development which is wholly or partially below grade,
having above grade no more than 1.8 m (6.0 ft.) of its clear height lying below the finished
level of the floor directly above;
"basic campground" means a development where tents are erected and/or recreational
vehicles are parked for the purpose of overnight or short term accommodation. A
campground includes any building, structure, tent, vehicle or enclosure accessory to the
main use that is located on the land and used as an integral part of the campground such as
washhouses, gazebos, picnic shelters, etc.;
"Bareland Condominium" means a condominium development containing Bareland
Condominium Units, created specifically through subdivision and registered as a
condominium plan in accordance with the Condominium Property Act, RSA 2000, c. 22.
"Bareland Condominium Unit" means a bare land unit as defined in the Condominium
Property Act, RSA 2000, c. 22.
"bed and breakfast establishment" means a development within a dwelling which
possesses a dwelling unit, where temporary sleeping accommodations, up to a maximum
of three (3) bedrooms, with or without meals, are provided for remuneration to members
of the public. A bed and breakfast establishment shall not include a boarding house;
"berm" means a landscaped earthen mound that is utilized to attenuate the noise and visual
effects of adjacent land uses and/or direct ground water flows as part of an engineered
storm water management system.
"boarding house" means a building or portion thereof where meals are served for a
remuneration involving more than three (3) bedrooms, exclusive of the occupant and
immediate family. For the purposes of this Bylaw, boarding houses shall not include an
eating or drinking establishment, a drive-in restaurant, a refreshment stand, or other similar
use;
"buffer" means berms, fencing and planting for the purpose of screening noise, views,
dust, sprays and uses between properties where off-site impacts may occur.
"building" includes anything constructed or placed on, in, over or under land but does not
include a highway or road or a bridge that forms part of a highway or road;
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"building area" means the greatest horizontal area of a building above grade within the
glassline of exterior walls, or within the glassline of exterior walls and the centerline of fire
walls.
"building height" means the vertical distance measured from the average grade level at
the subject building to the higher of the highest point of a flat roof, or the average level
between the eaves of the subject building and the top ridge of a pitched roof on the subject
building. This dimension shall be exclusive of any accessory roof construction such as a
chimney, steeple or antenna (see figure 2);
Figure 2: Building Height
"bulk fuel storage and sales" means lands, buildings and structures for the storage and
distribution of fuels and oils including retail sales and key lock operations;
"business support services establishment" means a development providing support
services to businesses. Business support services establishments are characterized by one
or more of the following features: the use of minor mechanical equipment for printing,
duplicating, binding or photographic processing; the provision of office maintenance or
custodial services; the provision of office security; or the sale, rental, repair or servicing of
office equipment, furniture and machines. Business support services establishments
include printing establishments, film processing establishments, janitorial firms, and office
equipment sales and repair establishments;
"caretaker/security residence" see "surveillance suite";
"canopy" means a projection extending from the outside wall of a building normally for
the purpose of shielding a part of the building from the sun;
"cannabis" means cannabis as defined in the Cannabis Act, S.C. 2018, c. 16, the
Controlled Drugs and Substances Act, S.C. 1996, c. 21, or other relevant federal legislation.
(a)
Cannabis includes:
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i.
Any part of a cannabis plant, including the phytocannabinoids produced by,
or found in, such a plant, regardless of whether that part has been processed
or not;
ii.
Any substance or mixture of substances that contains or has on it any part
of such a plant;
iii.
Any substance that is identical to any phytocannabinoid produced by, or
found in, such a plant, regardless of how the substance was obtained.
(b)
Cannabis does not include:
i.
A non-viable seed of a cannabis plant;
ii.
A mature stalk (without leaves, flowers, seeds, or branches) of a cannabis
plant;
iii.
The root or any part of the root of a cannabis plant;
"cannabis lounge" means a development where the primary purpose of the facility is the
sale of cannabis to the eligible public, for the consumption within the premises that is
authorized by provincial or federal legislation. This use does not include cannabis
production and distribution;
"cannabis, medical" means cannabis that is obtained for medical purposes in accordance
with applicable federal law;
"cannabis production and distribution" means a development used principally for one
or more of the following activities relating to cannabis:
a)
The licenced production, cultivation, and growth of cannabis;
b)
The licenced processing of raw materials;
c)
The licenced making, testing, manufacturing, assembling, or in any way altering
the chemical or physical properties of semi-finished or finished cannabis goods or
products;
d)
The licenced storage or shipping of materials, goods, or products, or;
e)
The licenced distribution and wholesale of materials, goods, and products to
cannabis retail sales stores;
"cannabis retail sales" means a licenced development used for the retail sales of cannabis
that is authorized by provincial or federal legislation. This use may include retail sales of
cannabis accessories, as defined in the Cannabis Act. This use does not include cannabis
production and distribution;
"car wash" means a facility for the washing of private non-commercial vehicles.
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"carport" means a roofed structure used for storing or parking not more than two (2)
vehicles and which has not less than forty percent (40%) of its total perimeter open and
unobstructed;
"carrier" means a company or applicant that provides wireless commercial or essential
institutional communications services;
"cemetery" means development of land for the interment or entombment of the deceased,
and may include, at the discretion of the Development Authority, crematoriums,
mausoleums and memorial parks or a religious assembly, and one attached or separate
manse;
"co-location" means locating a tower or facility on a site with other Wireless
Communications Operators;
"commercial use" means a business through which products, services, or entertainment
are available to consumers, whether the general public or other commercial establishments,
and does not include the manufacturing of products. Commercial use shall include animal
hospitals, bed and breakfast establishments, business support services establishments,
campgrounds, drive-in businesses, drive-in restaurants, eating and drinking establishments,
entertainment establishments, general retail establishments, greenhouses, health services,
highway commercial uses, hotels, office uses, personal service shops, recreation camps,
recreational vehicle parks, and resorts, but does not include cannabis retail sales;
"confined feeding operation" means a confined feeding operation as defined in the
Agricultural Operation Practices Act;
"contractor service, limited" means a development where electrical, plumbing, heating,
painting and similar contractor services are provided, primarily to individual households,
and where goods normally associated with the contractor service may be stored and sold,
where all materials are kept within an enclosed building, and where there are no accessory
manufacturing activities or parking or storage of more than four (4) vehicles;
"contractor service, general" means a development where building, concrete,
landscaping, electrical, excavation, drilling, heating, plumbing, paving, road, oil field,
pipeline, or similar services of a construction or services nature are provided, which have
on-site storage of materials, construction equipment, or vehicles normally associated with
the contractor service, and which is not a limited contractor service. Any sales, display,
office or technical support service areas shall be accessory to the main use only;
"corner lot" see "Lot, Corner"
"Council" mean the Council of the Town of Legal;
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"coverage" means the sum of the ground floor areas of all buildings on a lot divided by
the area of the lot;
"date of issue" means the date on which the notice of a decision of the Development
Authority is published, or five (5) days after such a notice is mailed;
"day care" means a provincially licensed child care facility operated from a building or a
portion thereof used for the provision of care, maintenance and supervision of seven (7) or
more children under the age of eleven (11) years, by persons unrelated to the children by
blood or marriage, for periods not exceeding twenty-four (24) consecutive hours. For the
purposes of this definition, a day care shall include all day-care centres, nurseuries, and
after school or baby-sitting programs which satisfy this definition. However, this definition
shall not include a day home, a family care facility, a group care facility, or a school
operated by a School Division;
"day home" means a development operated from a dwelling supplying supervision to a
maximum of six (6) children under the age of eleven (11) years or senior citizens, including
any resident children and seniors, for periods of more than three (3) but no more than
fourteen (14) consecutive hours. A day home may supply an outside recreation space that
is both fenced and gated, and shall meet all fire regulations and health regulations;
"deck" means any open structure attached to a building having a height greater than 0.6
m (2.0 ft.) above grade, and thereby requiring stairs and railings as outlined in regulations
approved under the Alberta Safety Codes Act. A deck shall not have walls higher than 1.25
m (4.1 ft.) or a roof;
"density" means a measure of the average number of persons or dwelling units per unit of
area;
"developer" means an owner, agent or any person, firm or company required to obtain or
having obtained a development permit;
"development" means:
(a)
an excavation or stockpile and the creation of either of them, or
(b)
a building or an addition to or replacement or repair of a building and the
construction or placing of any of them in, on, over or under land, or
(c)
a change of use of land or a building or an act done in relation to land or a
building that results in or is likely to result in a change in the use of the land
or building, or
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(d)
a change in the intensity of use of land or a building or an act done in relation
to land or a building that results in or is likely to result in a change in the
intensity of use of the land or building;
and without restricting the generality of the foregoing, includes:
(i)
in the case of a lot used for residential purposes, alterations made to a
building or an additional building on the lot whether or not the building
is a dwelling or part of a dwelling unit,
(ii)
in the case of a lot used for other than residential purposes, alterations
or additions made to a building on the lot or a use of the lot which would
increase either the capacity of the building or the intensity of use of the
lot,
(iii)
the display of advertisements or signs on the exterior of a building or on
any land,
(iv)
the deposit of earth, debris, waste materials, refuse, or any other material
on any land, including land already being used for that purpose, or if the
natural topography or drainage is altered,
(v)
any increase in the number of households occupying and living in
any building or on any site, and any construction or alterations or
additions which would provide for an increase in the number of
households which could occupy and live in any building or on any
site, including any increase in the number of dwelling units in a
building or on a site,
(vi)
the placing of refuse or waste material on any land,
(vii)
the use of land for the storage or repair of motor vehicles or other
machinery or equipment,
(viii) the continued use of land or of a building for any purpose for which
it is being used unlawfully when this Bylaw comes into effect,
(ix)
the demolition or removal of a building,
(x)
the placement of an already constructed or a partially constructed
building on a parcel of land,
(xi)
the use of land for the parking of trailers, bunk houses, portable
dwellings, skid shacks, or any other type of portable building
whatsoever, whether or not the same has been placed or affixed to
the land in any way,
(xii)
the removal of topsoil from land,
(xiii) the recommencement of the use to which land or a building has been
previously put if that use has been discontinued for a period of more
than six months, or
(xiv)
the use of land for storage purposes or for the repair of equipment,
vehicles or other kinds of machinery;
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"development authority" means the development authority of the Town as established
by the Town's Development Authority Bylaw;
"development permit" means a document authorizing a development issued pursuant to
this Land Use Bylaw;
"discontinued" means the time at which, in the opinion of the Development Authority,
substantial construction activity or use, whether conforming or not conforming to this
Bylaw, has ceased;
"discretionary use" means the use of land or a building provided for in this Land Use
Bylaw for which a development permit may be issued upon an application having been
made;
"domestic pets" means animals which are not livestock as defined in the Agricultural
Operation Practices Act and which are often kept within a dwelling unit. Such animals
include dogs, cats, and similar animals;
"drinking establishment" means a development possessing a Class A Minors Prohibited
liquor license, where the sale and consumption of liquor on-site are open to the public and
where alcohol, rather than food, is the predominant item consumed. A drinking
establishment does not include an entertainment establishment or a cannabis lounge.
"drive-in business" means a development which serves customers traveling in motor
vehicles driven onto the site where such business is carried on, where normally the
customer either remains in the vehicle for service, or parks the vehicle for a short period
for the purpose of doing business at the premises. Drive-in businesses include service
stations, gas bars, drive-in restaurants, drive-through vehicle service establishments such
as lubrication shops, recycling depots, and car washes, but does not include bulk fuel
storage and sales establishments or cannabis retail sales, or liquor stores;
"drive-in restaurant" means an eating and drinking establishment which is designed as a
drive-in business. Drive-in restaurants may have one or more of the following features: car
attendant services, drive-through food pickup services, or parking primarily intended to allow
for the on-site consumption of food within a motor vehicle;
"duplex" means a dwelling containing two (2) dwelling units which share a common wall,
and/or which are located in part or in whole one above the other;
"dwelling" means any building used exclusively for human habitation. This definition
shall include single family dwellings, duplexes, semi-detached dwellings, row housing,
apartments, garage suite, garden suite, secondary suites, and in-law suites;
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"dwelling unit" means a complete dwelling or self-contained portion of a dwelling, set or
suite of rooms which contains sleeping, cooking and separated or shared toilet facilities,
intended for domestic use, and used or intended to be used permanently, semi-permanently,
or seasonally as a residence for one (1) household, and which, except for a
secondary suite, is not separated from direct access to the outside by another separate
dwelling unit;
"dwelling, single family" means a building consisting of one (1) dwelling unit. A single
family dwelling is a dwelling which is normally constructed on-site. However, a single
family dwelling may be constructed in pieces off-site, 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;
"eating and drinking establishment" means a development where food and/or beverages are
prepared and offered for sale to the public, for consumption within the premises, at an
accessory outdoor seating area on the site, or off the site. An eating and drinking establishment
does not include either a drinking establishment or an entertainment establishment unless
otherwise provided for in an approved development permit;
"entertainment establishment" means a development where persons are entertained by
music, theatre, or the like. An entertainment establishment includes theatre, dancing or cabaret
entertainment, whether recorded or live. An eating and drinking establishment may contain
within it an entertainment establishment, but only if specifically provided for in an approved
development permit;
"entertainment establishment, adult" means an establishment which provides live
entertainment for its patrons, which includes the display of nudity;
"equipment rental establishment" means a development where tools, appliances,
recreation craft, office machines, furniture, light construction equipment, or similar items
are rented and serviced. Equipment rental establishments do not include developments
where motor vehicles or industrial equipment are rented or serviced;
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"established
grade"
means the average of the
highest (A) and lowest (B)
elevation
of
finished
surface of the ground
where it meets the exterior
main walls of a building or
the average elevation of
the finished grade of the
ground
immediately
surrounding a structure,
exclusive in both case of
any artificial embankment
or entrenchment (see figure
3).
"excavation" means any breaking of ground, except common household gardening and
ground care;
"extensive agriculture" means the use of land or buildings, including one dwelling, for
an agricultural operation, but not including intensive agriculture, cannabis production and
distribution, or a confined feeding operation which requires either a registration or an
approval under Part 2 of the Agricultural Operations Practices Act, R.S.A. 2000, c. A-7,
as amended;
"extensive recreation" means a development where the prime reason for location is to take
advantage of natural features including the availability of large areas of land to provide for
non-facility oriented recreational activities. In the context of a large area of land, that is,
anything over 32 ha (79.1 ac.), extensive recreation may include such activities as hunting, trail
riding, snowmobiling, hiking and other similar uses. In the context of a smaller area of land,
that is, anything under 32 ha (79.1 ha), extensive recreation may include the provision of
opportunities for viewing nature, fishing, relaxation, and rest, and may or may not include a
site where only one or two recreational vehicles or campsites may be located, and/or one
cottage, or a single family dwelling;
"exterior wall" means the outermost point of a building projection, including, but not
limited to, bay windows, oval windows, chimneys and verandas, but not including roof
overhangs less than 0.6 m (2.0 ft.);
"family care facility" means a facility which provides resident service in a dwelling to six
(6) or fewer individuals who are not related to the resident household. These individuals
are physically handicapped, aged, or disabled, and in need of adult supervision for those
reasons and are provided service and supervision in accordance with their individual needs.
This category includes foster or boarding homes for children, but not group homes;
Figure 3: Established grade
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"fence" means a vertical physical barrier constructed to try to reduce sound or visual
intrusion or to limit unauthorized access;
"floor area" means the total area of all floors of a building above grade within the outside
surface of exterior walls or within the glassline of exterior walls and the centreline of fire
walls, but not including the floor area of basements, attached garages, sheds, open porches
or breezeways, except that all dwelling units in an apartment shall be included in the
calculation of floor area;
"floor/area ratio" means the ratio or decimal resulting from dividing the floor area of all
buildings by the total site area of the lot on which the buildings are located;
"foundation" means the lower portion of a building, usually consisting of concrete or
masonry, and includes the footings, which transfer the weight of and loads on a building to
the ground;
"foundation wall" means the outermost part of the wall of a building under which a
foundation is located;
"front line" means the boundary line of a lot lying adjacent to a highway or road. In the
case of a corner lot, the shorter of the two boundary lines adjacent to the highway or road
shall be considered the front line.
"front yard" means a yard extending across the full width of a parcel of land from the
front line to the foundation wall of the main building situated on the parcel of land. In the
case of a curved front line, the front yard will also form a curve;
"fur farm" means any land, building, or premises used for the keeping, breeding, or rearing
of furbearing livestock;
"garage" means a building to be used for the storage of vehicles such as a passenger car, a
truck with a gross vehicle weight of two (2) tonnes or less, a recreational vehicle, a boat, or
similar chattels;
"garage suite" means a self-contained
dwelling located above a rear detached
garage which is accessory to a single
detached house. Garage suites have a
separate entrance from the vehicle
entrance to the rear detached garage,
either from a common indoor landing
or directly from the exterior of the
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structure. Garage suites do not include
secondary suites or garden suites;
Figure 4: Garage Suite
"garden suite" means a single-storey
accessory building which contains a
dwelling unit and is located in a
building on a site that is separate from
a main building in which the main use
is a single detached dwelling. A
garden suite has cooking, food
preparation, sleeping, and sanitary
facilities which are separate from
those of the single family dwelling
located on the site. This use does not
include secondary suites or garage
suites;
Figure 5: Garden Suite
"general retail establishment" means a development where, among other goods,
groceries, beverages, household goods, furniture, appliances, home improvement supplies,
hardware, printed matter, confectionary, tobacco, pharmaceutical, personal care items,
automotive parts and accessories, electronic equipment, recordings, office equipment,
stationary, second hand goods, and similar goods are bought, rented, and/or sold, except
for any and all types of alcoholic beverages or cannabis. Minor public services, such as
postal services and film processing depots may also be provided.
"government services" means a development where municipal, provincial, or federal
government services are provided directly to the public. Government services do not
include protective and emergency services, major and minor utility services, and public
education facilities. Government services may include government administration offices,
courthouses, postal distribution offices, manpower and employment offices and social
services offices;
"greenhouse" means a commercial establishment, with or without a building, where
vegetables, flowers and other plants are grown for sale as plants, and which may include a
market garden, plant nursery or hydroponics or aquaponics operation. This does not include
cannabis retail sales or cannabis production and distribution.
"gross floor area" means the total area of all floors of all buildings including accessory
buildings located on any parcel of land, excluding the area of basement floors, except that
all dwelling units in apartment buildings shall be included in the calculation of gross floor
area;
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"group care facility" means a facility which provides resident services to seven (7) or
more individuals of whom one or more may be related. These individuals are handicapped,
aged, or disabled, and undergoing rehabilitation, and are provided services to meet their
needs. This category includes supervised uses such as group homes (all ages), halfway
houses, resident schools, resident facilities and foster or boarding homes;
"group home" means a building or portion of a building used for the care or rehabilitation
or adults or children which is not predominantly related to age or a physical disability or
the care or rehabilitation of the aged or the physically disabled. Group homes include
halfway houses, addiction rehabilitation centres, care which is an alternative to legal
incarceration, or treatment for mental illness or mental instability;
"guest house" means an accessory building to a single family dwelling, which contains a
dwelling unit or part of a dwelling unit which is used solely by members of the family or by
temporary guests of the family occupying the single family dwelling;
"head shop" means a retail outlet which specializes in the sale of cannabis accessories,
drug paraphernalia related to consumption of cannabis, other recreational drugs, and new
age herbs, as well as counterculture art, magazines, music, clothing and home décor. This
does not include cannabis retail sales or cannabis production and distribution;
"health service" means a development where physical or mental health services are
provided on an out-patient or on an in-patient basis. If the services are provided on an
inpatient basis, health service may include room and board for the sick, injured, or infirm,
and may also include accessory staff residences. Such services may be of a preventative,
diagnostic, treatment, therapeutic, rehabilitative, or counseling nature. Health services
include medical, chiropractic, and dental offices, medical cannabis clinics, health clinics
and counseling services, hospitals, sanitariums, nursing homes, convalescent homes,
isolation facilities, psychiatric hospitals, auxiliary hospitals, supportive living facilities,
and detoxification centres.
"heavy industrial use" see "industrial use, heavy"
"heavy truck and equipment storage" means the on-lot storage, inside a single accessory
building, of heavy trucks and equipment owned and operated by a resident or residents of the
single family dwelling situated on the same lot;
"highway" means a highway as defined in the Public Highways Development Act, R.S.A.
2000;
"highway commercial " means a commercial use intended to serve the motoring public
and includes, but is not limited to, service or gas stations, drive-in restaurants, and motels.
This use does not include cannabis retail sales;
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"home occupation" means any occupation, trade profession, or craft carried on by an
occupant of a dwelling as a use secondary to the residential use of the building, and which
does not change the character of or have any exterior evidence of such secondary use other
than a sign as allowed in this Bylaw. For the purposes of this Bylaw, home occupations are
divided into two sub-classifications - major home occupations and minor home occupations
- with specific regulations for each as indicated in this Bylaw. A minor home occupation
does not include any business which would normally attract more than five (5) clients per
week, or the employment at the dwelling or accessory buildings of any paid assistant, other
than the occupants of the dwelling. A major home occupation may include a business which
would normally attract more than five (5) clients per week, but does not include the
employment at the dwelling or accessory buildings of more than two (2) paid assistants,
other than the occupant and the occupant's family. A home occupation does not include
cannabis retail sales or cannabis production and distribution.
"hotel" means a building containing rentable units, occupied or equipped to be occupied as a
temporary abode for tourists or transients, which also may contain a general retail
establishment, a drinking establishment, or an eating and drinking establishment; however, a
hotel shall not include an entertainment establishment unless specifically provided for in an
approved development permit. A hotel shall not include a workcamp;
"household" means:
(a)
a person, or
(b)
two (2) or more persons related by blood, marriage, a common law
relationship, or adoption, or
(c)
a group of not more than five (5) persons who are not related by blood,
marriage, or adoption,
all living together as a single housekeeping group and using cooking facilities
shared in common. A household may also include bona fide servants, up to two (2)
boarders or lodgers, and foster children residing in a licensed foster home;
"household repair service" means a development where goods, equipment and
appliances normally found within a dwelling unit may be repaired. Household repair
services include radio, television, appliance and electronics repair shops, and furniture
refinishing and upholstery shops, but not personal service shops. Household repair services
do not have any outdoor storage;
"in-law suite" means an additional dwelling unit intended for the sole occupancy of one
(1) or two (2) adult persons, which has access to the adjoining rest of the dwelling unit.
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The floor area of the in-law suite shall not exceed 30 percent of the existing living area of
the primary dwelling unit or 80.0 sq. m (861.1 sq. ft.) in floor area on a residential lot,
whichever is the lesser;
"indoor amusement establishment" see "amusement establishment, indoor".
"indoor recreation facility " means a development for sports and active recreation within
an enclosed building. Indoor recreation facilities include such facilities as ice arenas,
gymnasiums, curling rinks, swimming pools, and similar, though smaller, facilities. As
well, indoor recreation facilities may also include meeting rooms and eating and drinking
establishments as accessory uses;
"industrial hemp" means "the plants and plant parts of the genera cannabis, the leaves
and flowering heads of which do not contain more than 0.3% THC w/w and includes the
derivatives of such plants and plant parts," as defined in Industrial Hemp Regulations,
SOR/2018-145, as amended;
"industrial hemp production facility" means the use of land, buildings or structures
licensed and/or authorized to possess, sell, provide, ship, deliver, transport, destroy, export
and/or import industrial hemp, including indoor production and related research, under the
Industrial Hemp Regulations, SOR/2018-145, as amended or any subsequent legislation
that may be enacted in substitution. This does not include cannabis retail sales
establishments, cannabis production and distribution or the outdoor cultivation of industrial
hemp;
"industrial use, heavy" means an industrial development which may not be able to co-
exist compatibly in proximity to other uses or population concentrations due to: the
potential for an adverse environmental impact beyond the immediate site of the industrial
use; the potential for significant toxic or noxious by-products such as air or water-born
emissions; or the potential to emit significant noise, smoke, dust, odour, vibration, etc.,
which may be offensive or hazardous to human health, safety or well-being. Heavy
Industrial uses also include: the storage of toxic, flammable or explosive products in
significant quantities; rendering plants, petro-chemical industrial establishments, alfalfa
processing plants or large-scale outdoor storage that is unsightly or visually offensive. This
use includes cannabis production and distribution, and industrial hemp production facilities
(operating pursuant to applicable provincial and federal legislation).
"industrial use, light" means a development which, in the opinion of the Development
Authority, may be able to co-exist compatibly in proximity to other uses or population
concentrations. Light industry is usually less capital intensive than heavy industry, and is
more consumer-oriented than business-oriented. Light industries require only a small
amount of raw materials, area and power. For further clarification it means where:
(a)
raw materials are processed, and/or
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(b)
semi-finished or finished goods, products or equipment are manufactured
and/or assembled, and/or
(c)
materials, goods and equipment normally associated with industrial or
commercial business are cleaned, serviced, repaired, salvaged, and/or
tested, and/or
(d)
goods and equipment associated with personal or household use are
cleaned, serviced, and/or repaired, and/or
(e)
materials, goods and equipment are stored and/or transhipped, and/or
(f)
materials, goods and equipment are distributed and/or sold to institutions
and/or industrial and commercial businesses for their direct use and/or to
general retail establishments and/or other retail establishments for resale to
individual customers, and/or
(g)
personnel are trained in general industrial operations,
in such a manner, in the opinion of the Development Authority, that an adverse
environmental impact is not created beyond the immediate site of the general industrial
use, which does not produce significant toxic or noxious by-products, and which is
compatible with other industrial and commercial uses in a concentrated setting. Light
industrial uses include: motor vehicle body and paint shops, cannabis production and
distribution, and industrial hemp production facilities (operating pursuant to applicable
federal legislation), but does not include the preparation of cannabis, food and/or beverages
for direct sale to the public;
"industrial use, medium" means a development which may include indoor or outdoor
storage and in the opinion of the Development Authority, the development may not be able
to co-exist compatibly in proximity to other uses or population concentrations due to: the
potential for on-site adverse environmental impacts; the potential for significant toxic or
noxious by-products which may be offensive or hazardous to human health, safety or well-
being; the storage of toxic, flammable or explosive products in small quantities; or large-
scale outdoor storage that is unsightly or visually offensive. Medium industrial uses may
include manufacturing, transportation, warehousing; distribution, cannabis production and
distribution, and industrial hemp production facilities (operating pursuant to applicable
federal legislation), and utilities;
"industrial vehicle and equipment sales/rentals establishment" means a development
where new or used heavy vehicles, machinery or mechanical equipment typically used in
building, roadway, pipeline, oilfield, and mining construction, manufacturing, assembling,
and processing operations and/or agricultural operations are sold or rented, together with
incidental maintenance services and sale of parts. Industrial vehicle and equipment
sales/rental establishments do not include truck and recreational vehicle sales/rental
establishments or automotive and minor recreational vehicles sales/rental establishments;
"institutional use" includes but is not limited to hospitals, public offices, educational
facilities, religious assemblies, libraries and senior citizen housing;
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"intensive agriculture" means an agricultural operation which operates on an intensive
basis. Without restricting the generality of the foregoing, this shall include nurseries,
greenhouses, hydroponic and aquaponic operations, but not confined feeding operations or
cannabis production and distribution;
"intensive recreation" means high density recreational activities such as campgrounds, picnic
grounds, fishing lodges, beach areas, marinas, riding stables, race tracks, sports fields, golf
courses, arenas, swimming pools, tennis courts and other similar activities;
"kennel" means a development in which four (4) or more domestic pets over six (6) months
in age are maintained, boarded, bred, trained or cared for or kept for purposes of sale;
"landfill" means a disposal site employing an engineering method of disposing of solid
wastes in a manner that minimizes environmental hazards. A landfill shall be owned by
either a municipal corporation or agency or by a municipally-owned corporation or agency;
"landscaping" means lawns, trees, shrubs, ornamental plantings, fences, walks, or other
structures and materials used in modern landscape architecture;
"lane" means a right-of-way on which motorized vehicles are normally allowed to operate
which is 10 m (32.8 ft.) or less in width;
"lattice tower" means a non-solid structure made up of vertical, horizontal and diagonal
members assembled in triangular or square faced sections that can be stacked to obtain height.
The structure can stand by itself (self-supporting), on a foundation, or it may be of the type
requiring supporting assistance of cables (guyed tower);
"library and cultural exhibit" means a development where literary, artistic, municipal
and/or similar reference materials in the form of books, manuscripts, recordings and films
are stored, collected, available, and distributed for public use, viewing, or enjoyment; or a
development where works or objects of historical, scientific or artistic value are collected,
preserved and exhibited to the public. Libraries and cultural exhibits includes libraries,
museums, and art galleries;
"liquor store" means a development or a part of a development used for the retail sale of
any and all types of alcoholic beverages to the public for consumption off premises. This
use may include the retail sales of related products such as soft drinks and snack foods.
This use does not include cannabis retail sales establishments;
"livestock" means livestock as defined in the Agricultural Operation Practices Act;
"livestock sales yard" means any enclosed area of land, with or without accessory buildings
or structures, upon which livestock is collected for sale or for market distribution;
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"living quarters" means the developed area within a dwelling but does not include
basement, garage or carport, patio, or atrium;
"lot" means
(a)
a quarter section,
(b)
a river lot, lake lot, or settlement lot shown on an official plan referred to in
the Surveys Act that is filed or lodged in a Land Titles Office,
(c)
a part of a parcel of land
described in a certificate of title
if the boundaries of the part are
described in the certificate of
title other than by reference to a
legal subdivision, or
(d)
a part of a parcel of land
described in a certificate of title
if the boundaries of the part are
described in the certificate of
title by reference to a plan of
subdivision;
"lot, corner" means a lot having boundary lines on two or more roads or highways, or
with a road and a highway, at their intersection or junction. Corner lot also means a lot
having a boundary line at a point where a road or highway changes direction by a minimum
of 45 degrees within the boundaries of the lot. For the purposes of this definition, a road
or highway shall not include a lane;
"lot width" means the length of a line parallel to the front line or, in a lot with a curved
front line, perpendicular to a line running between the mid-point of the front line and the
mid-point of the rear line, measured at a distance from the front line equal to the minimum
required front yard;
"main building" means a building in which is conducted the main or principle use of the
site on which it is erected;
"main use" means the primary purpose or purposes for which a building or lot is used;
"maintenance" means the upkeep of the physical form of any building which does not
require a permit pursuant to the Safety Codes Act. Maintenance will include painting,
Figure 6: Illustration of corner, double fronting and
interior lots
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replacing flooring, replacing roofing materials, but will not include any activity that will
increase the habitable floor area of any dwelling unit or the internal volume of any building;
"manufactured home" means a single family dwelling, manufactured in full compliance
with both the Canadian Standards Association (CSA) Z-240 MH National Mobile Home
Standard and the Alberta Building Code (ABC), bearing a prominently displaced CSA
Z240MH Mobile Home label AND an Alberta Municipal Affairs label that certifies
compliance to the ABC. Notwithstanding the requirement regarding labels, should a
building not have a label, it can still be considered a manufactured home for the purposes
of this Bylaw should the inspection and upgrading procedures outlined in Section 8.35 of
this Bylaw be followed. A manufactured home is normally constructed off-site and then
transported to its site. Upon arriving at the site for location, apart from incidental operations
such as placement on a foundation and connection of utilities, it is ready for year round use
as a dwelling for one household. However, a manufactured home may be entirely
constructed on-site;
"manufactured home park" means any lot on which two or more occupied manufactured
home units are harboured or are permitted to be harboured without regard to whether a fee
or charge is paid or made, and shall include any building, structure, tent, vehicle or
enclosure used or intended for use as a part of the equipment of such manufactured home
park, which complies with relevant government regulations governing manufactured home
parks;
"manure storage facility" means a manure storage facility as defined in the Agricultural
Operation Practices Act;
"may" is an operative word meaning a choice is available, with no particular direction or
guidance intended;
"mobile home" see "manufactured home"
"modular dwelling" means a single detached dwelling constructed in large sections, away
from the home site, and under controlled conditions. It does not refer to a type of dwelling
but rather to a method of construction, and includes single family dwellings;
"motel" means a development where members of the travelling public are lodged for brief
periods of time, normally not exceeding seven (7) days, in rentable units, and where access
to each of the rentable units is individually available from grade, either at grade or via
stairways. A motel may include minor eating and drinking establishments and convenience
retail stores, but shall not include a liquor store, an entertainment establishment, or an
establishment where there is a dance floor. A motel shall not include a workcamp;
"municipality" means the Town of Legal;
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"must" is an operative word, which means, similarly to the word shall, that an action is
imperative or mandatory;
"natural area" means an area of land and/or water especially dedicated to the protection
and maintenance of biological diversity, and of natural and associated cultural resources,
and managed through legal or other effective means. Areas such as groomed parks,
recreational areas for sports, and schoolyards are not included in this definition.
"natural resource extraction industry" means an industry engaged in the extraction of
natural resources such as trees, clay, sand and gravel, limestone, shale, coal, and other minerals
including petroleum and natural gas and which may include bringing these together with other
elements such as power or water into integrated processes for the purpose of primary treatment
into a marketable form;
"neighbourhood commercial development" means a development where goods and
services required by area residents or employees on a day to day basis are provided, bought
or sold. The gross leasable area of a neighbourhood commercial development shall not
exceed 275.0 m2 (2,960 ft2). Neighbourhood commercial developments include small food
stores, drug stores, and variety stores selling confectionary, tobacco, groceries, beverages,
pharmaceutical and personal care items, hardware, and/or printed matter as well as small
personal service shops. This use does not include cannabis retail sales or liquor stores;
"non-conforming building" means a building
(a)
that is lawfully constructed or lawfully under construction at the date a land
use bylaw affecting the building or the land on which the building is situated
becomes effective, and
(b)
that on the date this land use bylaw becomes effective does not, or when
constructed will not, comply with this land use bylaw;
"non-conforming use" means a lawful specific use
(a)
being made of land or a building or intended to be made of a building
lawfully under construction, at the date a land use bylaw affecting the land
or building becomes effective, and
(b)
that on the date this land use bylaw becomes effective does not, or in the
case of a building under construction will not, comply with this land use
Bylaw;
"nuisance" means any act or deed, or omission, or thing, which is or could reasonably be
expected to be annoying, or troublesome, or destructive or harmful, or inconvenient, or
injurious to another person and/or their property, or anything troublesome or bothersome
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to other people for which complaints are received either by the Municipality's office or the
Royal Canadian Mounted Police, whether or not such act or deed or omission or thing
constitutes nuisance at common law;
"obnoxious" means, when used with reference to a development, a use which by its nature,
or from the manner of carrying on the same, may, in the opinion of the Development
Authority, create noise, vibration, smoke, dust or other particulate matter, odour, toxic or
non-toxic matter, radiation, fire, or explosive hazard, heat, humidity, glare, or unsightly
storage of goods, materials, salvage, junk, waste or other materials, a condition which, in
the opinion of the Development Authority, may be or may become a nuisance, or which
adversely affects the amenities of the neighbourhood, or which may interfere with the
normal enjoyment of any land or building;
"occupancy" means the use or intended use of a building or part thereof for the shelter or
support of persons or property;
"occupant" means any person occupying or having control over the condition of any
property and the activities conducted on any property, be such person the owner, lessee,
tenant or agent of the owner or whether such person resides thereon or conducts a business
thereon;
"off-street" means, when used as an adjective, that the defined thing is not located on a
road or highway, but rather a lot, and, further, that it is not directly accessory to a particular
use or development on a lot;
"offensive" means, when used with reference to a development, a use which by its nature,
or from the manner of carrying on the same, creates or is liable to create by reason of noise,
vibration, smoke, dust or other particulate matter, odour, toxic or non-toxic matter,
radiation, fire, or explosive hazard, heat, humidity, glare, or unsightly storage of goods,
materials, salvage, junk, waste or other materials, a condition which, in the opinion of the
Development Authority, may be or may become hazardous or injurious to health or safety,
or which adversely affects the amenities of the neighbourhood, or interferes with or may
interfere with the normal enjoyment of any land or building;
"office use" means a development where government, professional, management,
administrative, consulting, and financial services may be provided. Office uses include the
offices of lawyers, accountants, engineers, architects, and realtors. Office uses also include
insurance firms; clerical, secretarial, employment and telephone answering and similar
office support services; banks, credit unions, loan offices and similar financial institutions;
the offices of governmental and public agencies;
"open space" means land and water areas which are retained in an essentially undeveloped
state and often serve one or more of the following uses: conservation of resources;
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ecological protection; recreation purposes; historic or scenic purposes; enhancement of
community values and safety; maintenance of future land use options;
"outdoor storage" means a development where, in the opinion of the Development
Authority, goods, materials, or equipment are or may be placed outside of a building on a
more or less permanent or continuous basis;
"owner" means
(a)
in the case of land owned by the Crown in right of Alberta or the Crown in
right of Canada, the Minister of the Crown having the administration of the
land; or
(b)
in the case of any other land, the person shown as the owner of land on the
municipality's assessment role prepared under the Act;
"parcel of land" means the aggregate of one or more areas of land described in certificate
of title or described in a certificate of title by reference to a plan filed or registered in a
Land Titles office;
"park model" means a type of recreational vehicle; however, for the purposes of this
Bylaw, park models are not allowed in any District within this Land Use Bylaw unless
either recreational vehicles or recreational vehicle parks are listed as a permitted or a
discretionary use within the District, and, further, that a park model has been specifically
identified and approved by the Development Authority within an approved development
permit. As well, park models shall not be used as dwellings within the municipality. There
are a number of types of park models. Currently, two types described below are recognized
by the recreational vehicle industry.
(a)
Park Model Trailer 102 is a unit designed to be towed by a heavy-duty tow
vehicle (auto, van, pick-up truck, etc.) but is of restricted size and weight so
that it does not require a special highway movement permit. The maximum
width when being towed is 2.6 m (8.5 ft.). These units are designed for
infrequent towing, and are not normally fitted with a 12-volt system for
fixtures and appliances. Once on site in the set-up mode it normally must
be connected to the local utilities. This style is normally built on a single
chassis mounted on wheels. It usually has one or more slide-outs, but when
in set-up mode the gross trailer area normally does not exceed 37.2 sq. m
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(400 sq. ft.). It conforms to the
CSA
Z-240
Standard
for
recreational vehicles.
(b)
Park Model Recreational Unit is a unit built on a single chassis mounted on
wheels, which may be removed and returned to the factory. The unit is
designed to facilitate occasional relocation, with living quarters for a
temporary residence or seasonal use, and normally must be connected to
those utilities necessary for the operation of installed fixtures and
appliances. It normally has a floor area, including lofts, not exceeding 50
sq. m (540 sq. ft.) in the set-up
mode and has a width greater
than 2.6 m (8.5 ft.) in the transit
mode.
Park Model recreational units
almost always require a special
tow vehicle and a special permit
to move on the road as the
width of the unit is greater than
2.6 m (8.5 ft.). It conforms to
the CSA Z-241 Standard for
recreational vehicles.
"parking area" means the area set aside for the storage and/or parking of vehicles.
Components of parking areas include parking spaces, loading spaces, aisles, entrances and
exits to the parking area, and traffic islands where they are part of the parking area. A
parking area may be within a building;
"parking lot" means a parking area which is located on a lot and not accessory to a
particular use or development;
"parking space" means an area set aside for the parking of one (1) vehicle;
Figure 7: Park Model Trailer 102
Figure 8: Park Model Recreational Unit
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"patio" means any developed surface adjacent to a building on a site which is less than
0.6 m (2.0 ft.) above ground level;
"pet shop" means a shop or a place where domestic animals for use as pets are sold, kept
for sale or groomed, but does not include a shop or place for the breeding or overnight
boarding of pets;
"permitted use" means the use of land or a building provided for in a land use Bylaw for
which a development permit shall be issued upon application having been made, provided
that all of the regulations of this Bylaw, and all of the matters left to the discretion or the
satisfaction of the Development Authority, have been satisfied to the satisfaction of the
Development Authority;
"personal service shop" means a development where personal services related to the care
and appearance of the body, or the cleaning and repair of personal effects are provided to
persons. Personal service shops include barbershops, hairdressers, beauty salons, tailors,
dressmakers, shoe repair shops, dry cleaning establishments, and laundromats;
"place of worship" means a development where worship and related religious,
philanthropic, and social activities occur. Accessory developments include rectories,
manses, classrooms and dormitories. Places of worship include churches, chapels,
mosques, temples, synagogues, parish halls, convents and monasteries;
"principal building" means a building which:
(a)
occupies the major or central portion of a site;
(b)
is the chief or main building among one or more buildings on the site, or
(c)
constitutes by reason of its use the primary purpose for which the site is
used.
"principal use" means the primary purpose or purposes for which a building or site is
used;
"private club" means a development used for the meeting, social or recreational activities
of members of a non-profit philanthropic, social service, athletic, business or fraternal
organization, with neither on-site dwellings nor hotel or motel rentable units. Private clubs
may include eating and drinking establishments and rooms for assembly. This use does not
include cannabis lounges;
"protective and emergency services" means a development where the administration of
the protection of persons and property from injury, harm or damage takes place, and where
the equipment necessary for such activities is stored, maintained, and supplied. Protective
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and emergency services include police stations, detention centres, fire stations, and
accessory training facilities;
"public education facility" means a development where educational, training, or
instruction occurs under the auspices of a School Division or under the auspices of an
organization authorized by the Province to provide education similar to that which would
be provided by a School Division. Public education facilities include the administration
offices, storage, and maintenance operations of the School Division. Public education
facilities include public and separate schools, community colleges, universities, technical
and vocational schools, and private academies or "charter schools", and their
administrative offices and maintenance facilities;
"public or quasi-public building" means a building which is owned or leased by a
department or agency of the federal or provincial government, or the Municipality for purposes
of public administration and services and shall also include a building for the purpose of
assembly, instruction, culture or enlightenment, or for community activities;
"public or quasi-public use" means a use by a department or agency of the federal or
provincial government, or the Municipality, for public administration and services and shall
also include uses for the purpose of assembly, instruction, culture or enlightenment, or for
community related activities;
"public park" means a development designed or reserved for active or passive
recreational use, including all natural and man-made open space and landscaping, facilities,
playing fields, and buildings that are consistent with the general purposes of recreation,
whether or not such recreational facilities are publicly operated or operated by other
organizations pursuant to arrangements with the public authority owning the public park.
Public parks include tot lots, band shells, picnic grounds, pedestrian trails and paths,
landscaped buffers, playgrounds, water features, baseball diamonds, football fields, soccer
pitches, and similar outdoor sports fields;
"public-serving recreation area" means a campground, day use area, picnic site, lodge,
hiking and skiing trail and other similar uses as developed by either private or public
interests;
"public utility" means a public utility as defined in the Act;
"public utility building" means a building in which the proprietor of a public utility, as
defined in the Act, maintains its office or offices and/or maintains or stores any equipment
used in connection with the public utility;
"rear line" means the boundary line of a lot lying opposite to the front line of the lot and/or
farthest from a highway or road;
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"rear yard" means a yard extending across the full width of a lot from the nearest wall of
the main building situated on the lot, to the rear line of the lot;
"recreation camp" means a development that contains accommodation facilities and is used
wholly or partly for recreational purposes, and without limitation, includes trail riding ranches
and guest ranches, rural experience camps, survival training camps, fishing and hunting camps,
religious camps and camps for disabled persons;
"recreational use" means a recreational development conducted on a unified basis on a
single site where the prime reason for location may be to take advantage of natural features.
A recreational use may include the provision of day to day sporting and athletic facilities
and the structures incidental thereto such as ski slopes, golf courses, archery, trap and rifle
ranges, racetracks, boating, swimming, picnicking, athletic, and similar uses, and may
include a refreshment stand incidental to the primary use. However, recreational use does
not include extensive recreation, or a campground, a recreational vehicle park or a
recreation camp;
"recreational vehicle" means a vehicular type unit primarily designed as temporary living
quarters for recreational camping or travel use, which either has its own motor or is
mounted or drawn by another vehicle. Recreational vehicles include travel trailers,
camping trailers, truck campers, 5th wheels, or motor homes, but not manufactured homes,
a park model, a garage package, or a cabin on any sort of transportation device such as
skids or wheels up to a maximum interior space of 75 sq. m (807.3 sq. ft.). Any vehicle
larger than 75 sq. m (807.3 sq. ft.) in interior space shall be considered to be a manufactured
home for the purposes of this Bylaw;
Figure 9: Recreational Vehicle
"recreational vehicle campground" means a development consisting of stalls or sites for
the location of more than three (3) recreational vehicles, for more than four (4) consecutive
days and not normally more than twenty (20) days in a year, and may include sites for the
erection of tents for similar time frames;
"recreational vehicle campground, seasonal" means a development consisting of stalls
or sites for the location of more than three (3) recreational vehicles, for a minimum of four
(4) consecutive days and normally for no longer than an entire season operating between
April to October;
Figure 10: Recreational Vehicle
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"recreational vehicle campground, workcamp" means a development consisting of
stalls or sites for the location of more than three (3) recreational vehicles, used to house
camp workers by various contracting firms on a temporary basis. The units may be
dismantled and removed from the site from time to time
"recreational vehicle storage" means a development which provides fenced or indoor,
secure, on-site storage of more than three (3) recreational vehicles;
"recycling depot" means a development where bottles, cans, newspapers, and similar non-
hazardous household goods are bought, sold, and temporarily stored for reuse and where
all storage is contained within an enclosed building or an enclosed compound;
"religious assembly" means a development where worship and related religious,
philanthropic, and social activities occur. Accessory developments include rectories,
manses, classrooms, and dormitories. Religious assembly includes churches, chapels,
mosques, temples, synagogues, parish halls, convents and monasteries;
"relocated building" means a building that was constructed off site in one piece or in
pieces and relocated to another site but does not include manufactured homes or modular
homes;
"renovation" means an addition to, deletion from, or change to any building which does
not require a permit other than a plumbing permit or an electrical permit pursuant to the
Safety Codes Act;
"rentable unit" means a separate unit of a hotel or motel used or intended to be used for the
temporary accommodation of one or more persons;
"rental cabin" means a one-room structure (not including a washroom, bathroom, or
toilet) intended for short term occupancy, often rented for short period of time to the
traveling or vacationing public;
"residential use" includes the occupation and use of land and buildings by and as
dwellings, whether on a seasonal or year-round basis;
"RF Technology" means technology operating in the electromagnetic radiating frequency
bands;
"road" means a right-of-way on which motorized vehicles are normally allowed to operate,
or a road as defined in the Act, but does not include either a highway or a lane;
"roof" means the top of any enclosure, above or within the vertical walls of a building;
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"row housing" means a building consisting of at least three dwelling units with each unit
having direct access to the outside grade, but shall not mean apartment;
"sea can" means a container, including a sea/land/rail shipping container, which is used
as a storage vault. A sea can shall only be allowed on a lot and use as an accessory building
and/or use to a main building or use. A sea can shall not be used for a dwelling or any part
of a dwelling; and, notwithstanding any other provision of this Bylaw to the contrary, not
attached, in any way, to a main building;
"secondary suite" means a self-contained dwelling unit, clearly secondary in size to the
main dwelling unit within a dwelling, which may or may not share access to the outside
and/or other facilities with the main dwelling unit;
"service station" means a development where gasoline, lubricating oils, and other
automotive fluids and accessories for motor vehicles are bought and sold. Service stations
may also include facilities for the servicing or repairing of motor vehicles, and a towing
service dispatch point, but not including body repair or paint shops. Service stations which
do not include any facilities for servicing or repairing of motor vehicles are often referred
to as gas bars;
"setback" means, depending on the context of the term, the minimum horizontal distance
between buildings or a lot boundary and buildings;
"shall" is an operative word which means the action is obligatory;
"shed" means a building to be used for storage;
"shop" means a building to be used for light industrial purposes or the storage of vehicles
larger than that allowed in a garage;
"shopping centre" means a building or a group of buildings, comprising retail commercial
and similar uses, with shared off-street parking facilities, and which may be managed as a
single unit;
"should" is an operative word which means that, in order to achieve local goals and
objectives it is strongly advised that the action be taken. Exceptions shall be made only
under extenuating circumstances;
"show home" means a dwelling unit which is used temporarily for the purpose of
illustrating to the public the type and character of dwelling units to be constructed in other
parts of the municipality. Show homes may contain offices for the sale of other lots or
dwelling units in the municipality and must be located within a dwelling which is either a
permitted or a discretionary use in the District in which they are located;
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"side line" means the boundary line of a lot lying between a front line and a rear line of a
lot. In the case of a corner lot, the longer of the two boundary lines adjacent to the highway
or road shall be considered a side line;
"side yard" means a yard extending from the front yard of a lot to the rear yard of the lot
and lying between the side line of the lot and the nearest wall of the main building;
"sign" means any visual medium, including its structure and other component parts, used on
a permanent or temporary basis to convey information, to advertise, or to attract attention to a
product, service, place, activity, person, institution or business. Without limiting the generality
of the foregoing, signs shall include banners, placards, and painted messages, but not national
flags, interior window displays of merchandise, or signs painted on or attached to a licensed
motor vehicle;
"sign area" means the total face area of a sign intended for the letters or graphics of the
message. In the case of a double-faced sign, only half of the area of each sign face shall be
used in calculating sign area;
"sign, A-frame" means a type of sign commonly
referred to as "sandwich boards", composed of two
hinged or otherwise joined boards which leans on the
ground,
"sign, canopy" means a sign which is part of or
attached to the outside edge of a canopy but which
does not extend below the bottom edge or surface of
the canopy;
Figure 11: A-Frame Sign
Figure 12: Canopy Sign
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"sign, fascia" means a sign attached to or placed flat
against an exterior vertical surface of a building, and
projects no more than 0.3 m (12.0") from the surface
of the building, and does not project above the roof
or parapet. Fascia signs are also called wall signs;
"sign, freestanding" means a sign supported by one
or more uprights, braces or pylons, and stands
independently of another structure;
"sign, inflatable" means a sign made of flexible
material or fabric that is made to take on a three-
dimensional shape (to blow up like a balloon) when
filled with a sufficient volume of air or gas.
Commonly used as a temporary sign for special
events or promotions;
"sign, off site" means a sign that advertises goods,
products, services or facilities not available on the site
where the sign is located, and which may also direct
persons to another location;
Figure 13: Fascia Sign
Figure 14: Freestanding Sign
Figure 15: Inflatable Sign
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"sign, projecting" means a sign affixed to a building
or part thereof and extending beyond the building by
more than 0.3 m (1.0 ft.). This does not include a sign
attached to the ground;
"sign, roof" means a sign erected upon, against or
directly above the roof of a building or the top of a
parapet wall;
"sign, temporary/portable" means a sign on a
standard or column fixed to its own self-contained
base and capable of being moved manually;
Figure 16: Projecting Sign
Figure 17: Roof Sign
Figure 18: Temporary/Portable
Sign
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"sign, under-canopy" means a sign which is attached
to the bottom surface or edge of a canopy;
"sign, wall" means a sign placed flat and parallel to the face of the building so that no part
projects more than 15 cm (6 in.) from the building, but which may or may not project above
the roof or parapet;
"single family dwelling" see "dwelling, single family";
"similar use" means a use which, in the opinion of the Development Authority, closely
resembles another specified use with respect to the type of activity, structure and its
compatibility with the surrounding environment;
"site" means an area of land designed to accommodate, and intended to be rented for, a tent
or recreational vehicle or cabin;
"solar array" means multiple solar panels used in conjunction to produce electricity.
"solar energy collection system" means a system of one or more buildings or
appurtenances to buildings designed to convert solar energy into mechanical or electrical
energy and includes solar array, solar panels, free standing, ground and roof mounted.
"solar panel, free standing" means a device which is used to convert energy contained
within the sun's rays into electricity, which is not mounted or attached to any other structure
for support.
"solar panels, roof mounted" means a device which is used to convert energy contained
within the sun's rays into electricity, which is located, mounted, or attached to the roof of
a structure.
"stall" means an area of land upon which a manufactured home is to be located, and which
is reserved for the exclusive use of the residents of that particular manufactured home,
located within a manufactured home park;
Figure 19: Under-Canopy Sign
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"storey" means the space between one floor of a multi-storey building and the next floor
above it. The upper limit of the top storey shall be the ceiling above the topmost floor. A
basement shall not be considered a storey;
"structural alterations" means the addition to, deletion from, or change to any building
which requires a permit other than a plumbing permit or an electrical permit pursuant to
the Safety Codes Act;
"Subdivision and Development Appeal Board" means a Subdivision and Development
Appeal Board appointed pursuant to Town's Subdivision and Development Appeal Board
Bylaw and the Act;
"Subdivision Authority" means the Subdivision Authority established pursuant to the
Act through the municipality's Subdivision Authority Bylaw;
"substandard lot" means any lot which is smaller, in area or in any dimension, than the
minimum area or dimension stipulated in the regulations of the District in which the lot is
located;
"surveillance suite" means a dwelling unit used to
accommodate a person or persons whose function is to
provide surveillance for the maintenance and security
of the development;
Figure 20: Surveillance Suite
"swimming pool" means a man-made body of water, either above or below ground, with a
water depth greater than 0.5 m (1.64 ft.) and a water surface area greater than 10 sq. m (107.6
sq. ft.). This definition shall include a hot tub or a similar facility which meets the dimension
criteria noted above;
"temporary development" means a development for which a development permit has been
issued and which is to exist for a limited time only;
"tie down" means an apparatus which firmly secures a manufactured home to the ground. This
apparatus usually consists of steel cables attached to the manufactured home and concrete
pylons strategically placed on the accommodating site;
"trucking and cartage establishment" means a development where goods shipped by
truck are transferred from one truck to another, or where trucks are dispatched to pick up
and/or deliver goods. Trucking and cartage establishments may include dispatch offices or
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storage compounds for the temporary storage of goods, and include moving or cartage
firms involving vehicles with a gross vehicle weight of more than 3,000.0 kg (6,613.9 lbs.);
"truck wash" means a facility for the washing of large or commercial vehicles
"undeveloped lot" means a lot which does not contain a residence, building or structure;
"unit", other than when referred to as a dwelling unit, means an area of land or a building
designated as a unit in a condominium plan;
"use" means the purpose or activity for which a site, a parcel of land, or a lot and any
buildings located on it are designed, arranged, developed, or intended, or for which it is
occupied or maintained;
"vehicle repair establishment" means development used for the servicing and mechanical
repair of automobiles, motorcycles, snowmobiles, recreational vehicles, and trucks, including
the sale, installation or servicing of related accessories and parts. This use class includes
transmission shops, muffler shops, tire shops, automotive glass shops, upholsterer shops, and
body repair and/or paint shops;
"veterinary clinic" means a development where domestic pets are cared for and treated,
including hospitalization for fewer than four (4) days. Veterinary clinics may also treat
livestock, but they will be treated via out-patient care. All animals shall be kept within an
enclosed building;
"warehouse sales establishment" means a development where bulky goods are sold from
within an enclosed building where the size and nature of the principal goods being sold
typically require large floor areas for direct display to the purchaser or consumer.
Warehouse sales establishments include furniture stores, carpet stores, major appliance
stores, and building materials stores;
"width" see "lot width";
"wind energy conversion system, large" means one or more buildings designed to convert
wind energy into mechanical or electrical energy and which has a rated capacity equal to
or greater than 300 kW;
"wind energy conversion system, micro" means a small-scale wind turbine, which is
small is height and diameter and can be installed on the roof of a building or structure.
"wind energy conversion system, small" refers to a wind energy conversion system
(WECS) consisting of a wind turbine, a tower, and associated control or conversion
electronics, which has a rated capacity of not more than 300 kW, and which is intended to
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provide electrical power for use on-site (either behind the meter or off-grid) and is not
intended or used to produce power for resale.
"wind turbine tower" refers to the guyed or freestanding structure that supports a wind
turbine generator.
"wind turbine tower height" The height above grade of the fixed portion of the wind
turbine tower, excluding the wind turbine and rotor.
"wireless communications facility" means a facility that provides communication service
using RF technology to transmit and receive voice, picture, text and data, in either digital
or analogue form, on a system of elevating support structures. These structures include
monopoles, lattice towers (self-supported or guyed) or other configurations as well as,
although not limited to, shelters, transmitters, receivers, antennas, antenna mounts,
transmission lines, waveguides, transmission line supporting equipment and material,
aeronautical obstruction lights, antenna deicing equipment, antenna power dividers and
matching equipment, combiners and utility power equipment, conditioners and backup
power systems.
"workcamp" means a temporary residential complex used to house workers, usually but
not necessarily for a contracting firm or project, on a temporary basis of more than twenty-
eight (28) days and less than one (1) year. A workcamp is usually made up of a number of
buildings, clustered in such fashion as to provide sleeping, eating, recreation and other
basic living facilities;
"yard" means a part of a parcel upon or over which no building is to be erected unless
otherwise provided for in this Bylaw;
and all other words and expressions have the meanings respectively assigned to them in
the Act or in common law.
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2 | Establishment
of Districts and Regulations
2.1 Establishment of Land Use Districts
(1)
For the purposes of this Bylaw, the Town of Legal is divided into the following
districts:
(2)
For the purposes of this Bylaw, the R1, R1a, R2 and R3 Districts shall be considered
to be Residential Districts, and the C1, C2 and C3 Districts shall be considered to
be Commercial Districts.
(3)
The boundaries of the districts listed in this Bylaw are as delineated in the LAND
USE DISTRICT MAP, which is Section 10 of this Bylaw.
District
Description
Residential (R1) District
low density residential
Residential (R1a) District
low density residential (small lot)
Residential (R2) District
medium density residential
Residential (R3) District
high density residential
Commercial (C1) District
Downtown commercial
Commercial (C2) District
General commercial
Commercial (C3) District
Highway commercial
Industrial (M1) District
Industrial
Urban Services (US) District
Public Utilities and Recreation
Direct Control (DC) District
Council as Development
Authority
Urban Reserve (UR) District
Future Urban Development
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(4)
Where uncertainty exists as to the boundaries of districts as delineated in the LAND
USE DISTRICT MAP, the following rules shall apply:
Rule 1 Where a boundary is shown as following a street or lane, it shall be deemed
to follow the centre line thereof.
Rule 2 Where a boundary is shown as approximately following a lot line, it shall
be deemed to follow the lot line.
Rule 3 In circumstances not covered by Rules 1 and 2, the location of the district
boundary shall be determined:
(a)
where dimensions are set out on the LAND USE DISTRICT MAP,
by the dimensions so set, or
(b)
where no dimensions are set out on the LAND USE DISTRICT
MAP with respect to such boundary, by measurement of and use of
the scale shown on the LAND USE DISTRICT MAP.
(5)
Where the application of the above rules does not determine the exact location of
the boundary of a district, the Council, either on its motion or upon written
application being made to it by any person requesting the determination of the exact
location of the boundary, shall fix the portion of the district boundary in doubt or
dispute in a manner consistent with the provisions of this Bylaw and the degree of
detail as to the measurements and directions as the circumstances may require.
(6)
After the Council has fixed a District boundary pursuant to the provisions of
Subsection (5), the portion of the boundary so fixed shall not be thereafter altered
except by an amendment of this Bylaw.
(7)
The Development Authority shall maintain a list of its decisions with respect to
boundaries or portions thereof fixed by it.
2.2 Establishment of Land Use District Regulations
Land Use District regulations shall be as set forth in Section 9 of this Bylaw.
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3 | General
Administration
3.1 Control of Development
(1)
No development other than that designated in Section 3.2 shall be undertaken
within the Town unless an application for it has been approved and a development
permit has been issued.
3.2 Development Not Requiring a Permit
(1)
The following development shall not require a development permit:
(a)
the carrying out of works of maintenance or repair to any building, provided
that such works do not include structural alterations or major works of
renovation that would require a building permit;
(b)
the completion of a building which was lawfully under construction at the
date of the first publication of the notice required by the Act, provided that
the building is completed in accordance with the terms of any permit granted
in respect of it and subject to the conditions to which such permit was
granted, and provided also that the building, whether or not a permit was
granted in respect of it, is completed within a period of twelve (12) months
from the said date of the first publication of the notice;
(c)
the use of any such buildings as referred to in subsection (2) for the purpose
for which construction was commenced;
(d)
a patio in a Residential District that meets the minimum distance
requirements outlined in Section 8.1 of this Bylaw.
(e)
non-structural alterations or improvements totaling up to 60% or less of the
total area of an existing deck;
(f)
the erection, construction, or maintenance, improvement or alteration of
gates, fences or walls or other means of enclosure less than 1.0 m (3.3 ft.) in
height in front yards or in side yards abutting a highway or road, and less
than 1.8 m (6.0 ft.) in rear yards or in other side yards, and the maintenance,
improvement and other alterations of any gates, fences or
walls or other means of enclosure, unless the gate, fence, wall, etc. exceeds
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the regulations indicated in Section 8.21 of this Bylaw.
(g)
notwithstanding 3.2(1)(f) an approved development permit shall always be
necessary before razor wire is used as a fencing material;
(h)
a temporary building or sign, the sole purpose of which is incidental to the
erection or alteration of a building, for which a permit has been issued under
this Bylaw;
(i)
the maintenance and repair of public works, services and utilities carried out
by or on behalf of federal, provincial and municipal public authorities on
land which is publicly owned or controlled;
(j)
extensive agriculture, excepting where the following situations apply:
(i)
where the lot is smaller than 32 ha (80 ac.) in size, or
(ii)
where the proposed development involves a dwelling or an
accessory use or building to a dwelling, or
(iii)
where beehives are proposed, or
(iv)
where fences for game farming are proposed within 15.2 m (50 ft.)
of a property line adjacent to a road or highway, or within 30 m (98.4
ft.) of the centreline of a road or highway, or
(v)
where other buildings and dugouts are proposed within:
1.
- 40 m (131.2 ft.) of a property line of a grid road,
2.
- 50 m (164 ft.) of a centreline of a minor two-lane highway,
or
3.
- 70 m (230 ft.) of a centreline of a major two-lane highway
or a multi-lane highway;
(k)
except for beehives described in Section 3.2(1)(g)(iii) above, a building or
structure with a floor area of under 10.0 sq. m (107.6 sq. ft.) which is not on
a permanent foundation;
(l)
the erection of campaign signs for federal, provincial, municipal or school
board elections on privately-owned lots for no more than thirty (30) days,
or such time as regulated under provincial or federal legislation provided
that:
(i)
such signs are removed within seven (7) days after the election date,
(ii)
such signs do not obstruct or impair vision or traffic,
(iii)
such signs are not attached to fences, trees, or utility poles; and
(iv)
such signs indicate the name and address of the sponsor and the
person responsible for removal;
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(m)
the placement of one (1) sign on internal sites, or two (2) signs on corner
sites advertising a residential property for sale or rent displayed on the
property to which it (or they) pertain(s) during the time the property is being
offered for sale or rent, with removal to be within one (1) month after the
sale or rental agreement has been entered into, provided that such signs are
a maximum of 0.6 sq. m (6.5 sq. ft.) in area and provided further that such
signs are placed or erected no closer than 3.0 m (9.8 ft.) to a road right-of-
way;
(n)
development within a basement which does not change or add to the uses
within a dwelling;
(o)
signs in Commercial or Industrial Districts provided they are inside the
building or inside the windows.
(p)
the removal of top soil except in conjunction with a development for which
a development permit has been issued as per the requirements of Section
8.63 of this Bylaw;
(q)
landscaping where the proposed grades will not adversely affect the subject
or adjacent parcels of land, including the hard-surfacing of part of a lot in a
Residential District for the purposes of providing vehicular access from a
road to an attached or detached garage or carport, provided that such hard-
surfacing does not exceed 9.8 m (32.0 ft.) in width, except for a deck or
patio in a Residential District that does not meet the minimum distance
requirements outlined in Section 8.1 of this Bylaw.
(r)
the demolition or removal of any building or structure for which erection a
development permit would not be required pursuant to subsections (d)
through (p) above, both inclusive.
3.3 Non-Conforming Buildings and Uses
(1)
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, any future use of
the land or building must conform with this Bylaw.
(2)
A non-conforming use of part of a building may be extended throughout the
building but the building, whether or not it is a non-conforming building, may not
be enlarged or added to and no structural alterations may be made thereto or therein.
(3)
A non-conforming use of part of a lot may not be exceeded or transferred in whole
or in part to any other part of the lot and no additional buildings may be constructed
upon the lot while the non-conforming use continues.
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(4)
A non-conforming building may continue to be used but the building may not be
enlarged, added to, rebuilt or structurally altered except:
(a)
to make it a conforming building,
(b)
for the routine maintenance of the building, if the Development Authority
considers it necessary, or
(c)
in accordance with the powers possessed by the Development Authority
pursuant to the Act and Section 4.3(7) of this Bylaw to approve a
development permit notwithstanding any non-compliance with the
regulations of this Bylaw.
(5)
If a non-conforming building is damaged or destroyed to the extent of more than
75 percent of the value of the building above its foundation, the building may not
be repaired or rebuilt except in accordance with this Bylaw.
(6)
The use of land or the use of a building is not affected by a change of ownership,
tenancy, or occupancy of the land or building.
3.4 Approval Authorities
(1)
Development Authority
(a)
For the purposes of this Bylaw, except in the Direct Control District, the
Development Authority shall be the person or persons appointed to be the
Development Authority pursuant to the municipality's Development
Authority Bylaw with their duties and responsibilities as are specified in that
Bylaw, this Bylaw and the Act.
(b)
The Development Authority shall:
(i)
keep and maintain for the inspection of the public during all
reasonable hours, a copy of this Bylaw and all amendments thereto;
(ii)
keep a register of all applications for development, including the
decisions thereof and the reasons therefor;
(iii)
make available for inspection by the public during office hours the
register of all applications for development permits and the decisions
made thereon;
(iv)
shall collect fees according to the governing Land Use Bylaw Fee
Schedule as amended from time to time by resolution of Council;
(v)
shall be declared to be the designated officer for the purposes of
Section 542 of the Act; and
(vi)
In the Direct Control District, the Council shall have that power of
the Development Authority solely in relation to the consideration
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and making decisions on development permits, and no further
powers and duties.
(2)
Council
The Council of the Town of Legal shall perform such duties that are specified for
it in this Bylaw and the Act.
(3)
Subdivision Authority
The Subdivision Authority established by the municipality's Subdivision Authority
Bylaw shall perform such duties as are specified in this Bylaw and by the Act.
(4)
Subdivision and Development Appeal Board
The Subdivision and Development Appeal Board established by the municipality's
Subdivision and Development Appeal Board Bylaw shall perform such duties as
are specified in Part Five of this Bylaw.
4 | Development
Applications
4.1 Application for Development
(1)
An application for a development permit shall be completed and submitted to the
Development Authority in writing, in the form required by the Development
Authority, and shall be accompanied by:
(a)
a site plan in duplicate showing the legal description; the front, rear, and
side yards, if any; any provision for off-street loading and vehicle parking;
access and egress points to the site; the location of all gas and other utility
lines, whether at, above or below grade, together with easements; and
proposed finished grades and elevations in relation to adjoining lots,
buildings, curbs, roads and/or lanes;
(b)
building dimensions;
(c)
a statement of the proposed uses; and
(d)
a statement of ownership of the land and the interest of the applicant therein.
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(2)
Each application for a development permit shall be accompanied by a non-
refundable application fee as established by Council.
(3)
The Development Authority Officer may also require additional information in
order to assess the conformity of a proposed development with this Bylaw before
consideration of the development permit application shall commence. Such
information may include:
(a)
the location of existing and proposed municipal and private storm and
sanitary sewage collection and disposal, and water supply and distribution
utilities, landscaped areas and buffering and screening;
(b)
the height and horizontal dimensions of all existing and proposed buildings;
(c)
outlines of roof overhangs on all buildings;
(d)
existing and proposed elevations on the site and on adjacent sites, roads and
lanes;
(e)
post construction site and building elevations;
(f)
floor plans, elevations and sections of any proposed buildings, including the
lowest floor elevation in either the basement or on the main floor in the
principal and accessory buildings;
(g)
landscaping plans, including the location of existing and proposed trees,
shrubs, grassed areas, fences, screenings, and outdoor furniture on the site
and on adjacent boulevards within road rights-of-way;
(h)
drainage plans;
(i)
in a Residential District, the suggested location for a future driveway and
garage or carport, if the application itself does not include such buildings as
part of the proposal;
(j)
future development plans for a site which is to be partially developed
through the applicable development permit;
(k)
in the case of a proposed home occupation, information concerning the
number of employees, the location of any goods to be kept or stored, and an
estimate of the number of client visits to be expected to the site each week;
(l)
in the case of the placement of an already constructed or partially
constructed building on a site, information relating to the age and condition
of the building and its compatibility with the District in which it is to be
located, including photographs of the building;
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(m)
any other information or tests required by the Development Authority, at
their discretion, respecting the site or adjacent lands, including an
environmental screening of the site;
(n)
a statutory declaration indicating that the information supplied is accurate;
and
(4)
In addition to the information requirements indicated above, each application for
industrial development may be requested, at the discretion of the Development
Authority, to be accompanied by the following information:
(a)
type of industry,
(b)
estimated number of employees,
(c)
estimated water demand and anticipated source,
(d)
estimated gas demand and anticipated source,
(e)
type of effluent and method of treatment,
(f)
type of air emissions and method of abatement,
(g)
estimated noise generated by the development and method of abatement;
(h)
estimated light generated by the development and (if necessary) method of
abatement,
(i)
transportation routes to be used and estimated traffic impact,
(j)
reason for specific location,
(k)
means of solid waste disposal,
(l)
any accessory works required (pipeline, railway spurs, power lines, etc.),
(m)
anticipated residence location of employees,
(n)
municipal servicing costs associated with the development,
(o)
physical suitability of site with respect to soils, slopes and drainage,
(p)
if a subdivision is involved, the size and number of lots and proposed
phasing (if any),
(q)
servicing requirements and provisions for meeting them, and
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(r)
costs associated with providing new or upgraded municipal services
associated with the development,
and/or any other information as may be reasonably required by the Development
Authority.
(5)
In addition to the information requirements indicated above, the Development
Authority may require for a proposed industrial use the provision of environmental
assessment information and a risk assessment to assist the Development Authority
in assessing the effect of the proposed development in relation to the natural and
human environments, and indicate both if and how any negative matters can be
mitigated.
(6)
In addition to any or all of the information requirements indicated above, each
application for a commercial development may be required, at the discretion of the
Development Authority, to be accompanied by the following information:
(a)
physical suitability of site with respect to soils, slopes and drainage,
(b)
the size and number of lots and proposed phasing (if any),
(c)
servicing requirements and provisions for meeting them,
(d)
estimated water demand and anticipated source,
(e)
estimated gas demand and anticipated source,
(f)
type of effluent and method of treatment,
(g)
type of air emissions and method of abatement,
(h)
estimated noise generated by the development and method of abatement,
(i)
estimated light generated by the development and (if necessary) method of
abatement,
(j)
costs associated with providing new or upgraded municipal services
associated with the development,
(k)
the requirements and provisions for employee and customer parking and for
site access,
(l)
a landscaping plan,
(m)
cross-sections and elevations for each building,
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(n)
a list of proposed uses, and
(o)
transportation routes and estimated traffic impact.
(7)
In addition to the information requirements indicated in Sections 4.1(1), 4.1(3) and
4.1(4), the Development Authority may require an applicant for a subdivision or
development permit for Cannabis Production and Distribution to submit any or
all of the following information; prepared by a qualified professional; with the
application:
(a)
Waste Management Plan;
(b)
Environmental Assessment;
(c)
Traffic Impact Assessment;
(d)
Water/Wastewater Report;
(e)
Storm Water Management Plan; and/or
(f)
Any additional study or assessment necessary to address specific concerns
at the discretion of the Subdivision or Development Authority."
(8)
The Development Authority or Subdivision Authority may require an applicant for
subdivision or a development permit for a Cannabis Retail Sales Establishment,
to include with the application the following information:
(a)
a map identifying the distance from the proposed development to all
property boundaries of:
(i)
buildings containing a school or a boundary of a parcel of land on
which the building is located;
(ii)
parcels of land that are designated as school reserve or municipal
and school reserve under the Municipal Government Act, R.S.A.
2000, c. M-26, as amended;
(iii)
provincial health care facilities or the boundary of a parcel of land
on which the facilities are located;
(iv)
any other development or land use required by the Alberta Gaming,
Liquor, and Cannabis Commission; and
(v)
parks and playgrounds within the Town of Legal."
(9)
The Development Authority or Subdivision Authority may require an applicant for
subdivision or a development permit for the development of an Industrial Hemp
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Production Facility to provide the following information, prepared by a qualified
professional, with the application:
(a)
Waste Management Plan;
(b)
Environmental Assessment;
(c)
Traffic Impact Assessment;
(d)
Water/Wastewater Report;
(e)
Storm Water Management Plan; and
(f)
Any additional study or assessment necessary to address specific concerns
identified by the Development Authority and/or Subdivision Authority in
the course of their review of the application.
(10)
In addition to the information requirements indicated above, an application for a
development permit for the excavation, stripping or grading of land that is proposed
without any other development on the same land, may include with the application,
the following information:
(a)
location and area of the site where the excavation is to take place,
(b)
existing land use and vegetation,
(c)
the type and dimensions including average depth of the excavation to be
done, and the potential, if any, to affect existing drainage patterns on and
off the site,
(d)
the depth and variation in depth of groundwater encountered in test holes,
if required at the discretion of the Development Authority,
(e)
identification of potential for outdoor noise and the discharge of substances
into the air,
(f)
the condition in which the site is to be left when the operation is complete,
including the action which is to be taken for restoring the condition of the
surface of the land to be affected, and for preventing, controlling or
lessening erosion or dust from the site,
(g)
an indication of all municipal servicing costs associated with the
development, and
(h)
the proposed haul route, dust control plan and expected hours of operation.
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(11)
In addition to the information requirements indicated above, each application for a
sign may be accompanied by additional information at the discretion of the
Development Authority.
(12)
In addition to the information requirements indicated above, the Development
Authority may also require any phase of an environmental assessment to determine
the possible contamination of the subject site and the mitigating measures necessary
to eliminate such contamination. Alternative to or in addition to the foregoing, the
Development Authority may require a biophysical assessment to determine the
potential effects of a proposed development on the natural environment, and the
measures necessary to mitigate such effects.
(13)
At the sole discretion of the Development Authority Officer, any new development
within an existing subdivision may be required to provide to the Development
Authority, for approval, an elevation plan of the subject site which indicates where
the storm water is to be directed. Storm water from the subject site is not to be
directed onto adjoining properties unless appropriate drainage easements or rights-
of-way are in place. If the applicant for a development permit indicates that the
municipality is to verify compliance with the elevation and/or storm water
management plan, the cost to verify that the lot grades have been completed
according to the plan shall be included in the cost of the development permit.
(14)
The Development Authority may refer any application for a development permit to any
person or agency for comments in writing.
(15)
When, in the opinion of the Development Authority, sufficient details of the
proposed development have not been included with the application for a
development permit, the Development Authority may, at its sole discretion, either
return the application to the applicant for further details or make a decision on the
application with the information it has available. A returned application shall be
deemed to not have been submitted until all required details have been provided to
the satisfaction of the Development Authority.
(16)
In the case where an application for a development permit has been refused
pursuant to this Part or ultimately after appeal pursuant to Part Five of this Bylaw,
at his discretion, the Development Authority may or may not accept the submission
of another application for a permit on the same parcel of land and for the same or
similar use by the same or any other applicant for six (6) months after the date of
the refusal.
(17)
The Development Authority shall receive, review, consider and decide on all other
applications for a development permit, except for development permit applications
within the Direct Control District. For development permit applications on lands
located within the Direct Control District, the development Authority shall receive,
review and forward applications for a development permit to Council for their
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decision, and then undertake all the other responsibilities of the Development
Authority once Council has made a decision on the development permit application.
(18)
The Council shall receive applications for a development permit within the Direct
Control District from the Development Authority, and decide on such applications.
In making such decisions, the Council has all of the responsibilities, powers, and
duties of the Development Authority as elsewhere indicated in this Bylaw.
4.2 Referral of Applications
(1)
Development in proximity to a Highway:
Applications for development located within 0.8 km (0.5 mi.) of the right-of-way
of a highway, where the proposed development would have direct access from the
highway, shall be referred to Alberta Transportation for comment prior to any
decision by the Development Authority.
(2)
Historical or archeological Sites
Historical or archaeological sites identified pursuant to the Alberta Historical
Resources Act shall be circulated to the Province and protected in accordance with
Provincial legislation and regulations.
(3)
All subdivision proposals and all applications for significant discretionary
development permits within 3.2 km (2.0 miles) of adjacent municipalities shall be
referred to the adjacent municipality for comment prior to a development permit
being issued or a subdivision being approved.
(4)
The Development Authority may refer any application for a development permit
prior to making a decision on the application to any other person, agency, or
organization as deemed necessary or suitable by the Development Authority.
4.3 Decision
(1)
In making a decision, the Development Authority may approve the application
unconditionally, approve the application subject to those conditions considered
appropriate, approve the application permanently or for a limited period of time, or
refuse the application.
(2)
In making a decision, the Development Authority may also impose such conditions
as are required to ensure compliance with this Bylaw including both the verification
by either an official appointed by the municipality or by certification by either an
engineer, an architect, or an Alberta Land Surveyor that the measures indicated
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within the various elements of information provided with the application, including
any mitigative or elimination measures, as described through the information
provided pursuant to Section 4.1, have been completed or will be undertaken, as
appropriate, in accordance with the Development Authority's approval.
(3)
The Development Authority may require that as a condition of issuing a
development permit, the applicant enter into an agreement to construct or pay for
the construction of roads, pedestrian walkways or parking areas which serve the
development or which connect the walkway with another walkway system that
serves or is proposed to serve an adjacent development, to install or pay for the
installation of public utilities other than telecommunications systems or works, to
pay an off-site levy, and/or to give security to ensure that the terms of the agreement
noted herein are carried out.
(4)
The Development Authority may require, as a condition of issuing a development
permit, that all necessary safety measures are taken during any excavation, storage
or piling up of materials required during construction, and that the owner of such
materials or excavations assume full responsibility to ensure the situation does not
prevail any longer than reasonably necessary to complete a particular stage of
construction work.
(5)
The Development Authority may also require that as a condition of issuing a
development permit, all requirements of this Bylaw and of Provincial regulations
be met, and that any further development on the subject site require a development
permit.
(6)
In the case where a proposed specific use of land or a building is not provided for
in any District in the Bylaw, the Development Authority may determine that such
use is similar in character and purpose to a permitted or discretionary use prescribed
for a particular District.
(7)
The Development Authority may approve an application for a development permit
even though the proposed development does not comply with the regulations of this
Bylaw, or if the development is to be a rebuilding, an enlargement, an addition, or
a structural alteration of a non-conforming building, if, in the opinion of the
Development Authority:
(a)
the proposed development would not:
(i)
unduly interfere with the amenities of the neighbourhood, or
(ii)
materially interfere with or affect the use, enjoyment or value of
neighbouring parcels of land, and
(b)
the proposed development conforms with the use prescribed for that land or
building in this Bylaw.
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(8)
An application for a development permit shall, at the option of the applicant, be
deemed to be refused when a decision thereon is not made by the Development
Authority within forty (40) days after receipt of the application by the Development
Authority. The person claiming to be affected may appeal in writing as provided
for in Section 5.0 of this Bylaw as though they have received a refusal at the end
of the forty (40) day period specified in this subsection.
(9)
A Development Authority may suspend or revoke a development permit at any
time:
(a)
where the permit was issued on the basis of incorrect information, fraud,
non-disclosure, or misrepresentation on the part of the applicant; or
(b)
if the conditions of the approval of the development permit have not been
complied with or cease to be complied with;
(c)
if requested to do so by the applicant; or
(d)
within 14 days of the issue of the permit, where the permit was issued in
error.
(10)
Temporary Developments
Where a development permit application in a land use district is for a temporary
development, the Development Authority
(a)
may consider and decide upon a development for a specific period of time, not
exceeding one year;
(b)
shall impose a condition on such a permit that the municipality is not liable for
any costs involved in the cessation or removal of the development at the
expiration of the time period stated in the permit; and
(c)
may require the applicant to post acceptable security guaranteeing the
cessation or removal of the development to the greater of 25% of the value
of the structure or $1,000.
4.4 Notice of Decision
(1)
Within five (5) working days after a decision on a development permit application,
the Development Authority shall send a notice by regular mail of the decision to
the applicant and post a notice in a place available to public view in the Town office
and on the Town's website indicating the disposition of the application. Mailing
the notice is not required when an applicant picks up a copy of the decision.
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(2)
When a development permit has been issued for the development of a permitted
use, and no provisions of this Bylaw have been relaxed or varied, no notification
shall be given of the decision except to the applicant and the notice posted in the
Town office;
(3)
When a development permit for a discretionary use has been issued, the
Development Authority shall immediately:
(a)
post a notice of the decision conspicuously on the property for which the
application has been made; and/or
(b)
mail a notice in writing to all adjacent landowners who, in the sole opinion
of the Development Authority, may be affected; and/or
(c)
publish a notice of the decision in a newspaper circulating in the Town,
stating the location of the property for which the application has been made
and the use approved.
(4)
When a development permit for a permitted use has been issued, for which a
variance has been granted or conditions have been required; the Development
Authority shall immediately:
(a)
post a notice of the decision conspicuously on the property for which the
application has been made; and/or
(b)
mail a notice in writing to all adjacent landowners who, in the sole opinion
of the Development Authority, may be affected; and/or
(c)
publish a notice of the decision in a newspaper circulating in the Town,
stating the location of the property for which the application has been made and the
use approved.
(5)
When the Development Authority refuses an application for a development permit,
the decision shall be issued in writing and contain reasons for the refusal.
(6)
A person to whom a development permit has been issued shall, during
development, keep a copy of the development permit posted in a conspicuous place
on the lot, and a copy of the approved drawings and specifications to which the
permit pertains.
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4.5 Validity of Development Permits
(1)
When a development permit has been granted by the Development Authority, it
shall not be valid unless and until the conditions of the permit, excluding those of a
continuing nature, have been fulfilled and no notice of appeal has been served on
the Subdivision and Development Appeal Board within the appeal period.
(2)
When the Subdivision and Development Appeal Board has approved a
development permit, the permit shall not be valid until the decision of the Board is
issued in writing.
(3)
If the Subdivision and Development Appeal Board is served with notice of an
application for leave to appeal its decision, such notice shall suspend the
development permit, except where approval has been granted for a permitted use
or, where a license, permit, approval or other authorization is granted by the Natural
Resource Conservation Board or Alberta Energy Regulator (AER) to the extent that
the application complies with the license, permit, approval or other authorization
granted. The final determination of an appeal, except for those applications
approved as a permitted use and/or, by the Natural Resource Conservation Board
or Alberta Energy Regulator (AER), shall validate, amend or revoke, as the case
may be, a suspended development permit.
(4)
A permit granted pursuant to this Part does not come into effect until fifteen (15)
days after the date that notice of an order, decision, or development permit is
received as described in Section 4.4 - Notice of Decision. For the purposes of this
Bylaw, notice is deemed to be received on the fifth day after the date of the issuance
of the order, decision, or permit. Any development proceeded with by the applicant
prior to the expiry of this period is done solely at the risk of the applicant.
(5)
Notwithstanding Subsection (4) above, a development permit for a permitted use
where the provisions of this Bylaw were neither relaxed or varied in the decision of
the Development Authority, or for a development permit issued by Council within
the Direct Control District, comes into effect one (1) day after its issuance, or one
(1) day after all of the conditions of the permit have been met, whichever day is the
latter.
4.6 Commencement and Completion
(1)
If the development authorized by a development permit is not commenced within
12 months from the date of its issuance and carried out with reasonable diligence
within three (3) years of the date of issuance the permit is deemed to be void, unless
an extension to this period has previously been granted by the Development
Authority.
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(2)
Upon application to the Development Authority, prior to the expiry of an approved
development permit application, the Development Authority may grant an
extension to the effective period of a development permit for a period that shall not
exceed 12 months.
(3)
When a development permit expires, a new application is required. The new
application will be reviewed and a decision issued based on the current merits of
the proposed development in relation to current municipal, provincial and federal
regulations, requirements, policies and practices. The Development Authority shall
not be obliged to approve a development permit based on a previous approval.
(4)
In cases where a use is discontinued, or intended to be discontinued for a period of
six (6) months or more, any subsequent use of the land or building shall comply
with this bylaw and shall require a new development permit.
4.7 Developer's Responsibility
(1)
A person to whom a development permit has been issued shall obtain from the
appropriate authority where applicable, permits relating to building, grades, sewers,
sanitary and storm water disposal, water mains, electricity, and all other permits
required in connection with the proposed development.
(2)
The applicant shall be financially responsible during construction for any damage
by the applicant, his/her servants, suppliers, agents or contractors to any public or
private property.
(3)
The applicant shall prevent excess soil or debris from being spilled on public road
allowances streets, lanes and sidewalks.
(4)
No building or use shall be used or occupied and no change in the existing
occupancy classification of a building shall be made until the developer, proposed
user or proposed occupant of said building or use demonstrates that substantial
completion, as determined by the Authority, has been undertaken.
4.8 On-Site and Off-site Services and Improvements
(1)
Where any on-site services or improvements, or any off-site local improvements
are required to service a proposed development, a developer shall not begin the
work nor commence the development until the Development Authority is satisfied
that such services or improvements will be undertaken according to the standards
and specifications of the Town. In order to satisfy the Development Authority, the
developer will be required to enter into a development agreement with the Town as
a condition of development permit approval.
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(2)
No development permit shall be issued for a development to be serviced by private
sewer and water systems until the systems have been approved by the appropriate
agency.
(3)
All future development areas must be serviced to the satisfaction of the
Development Authority.
(4)
All infrastructure improvement costs associated with the development will be borne
by the proponent of the development.
5 | Development Appeals
5.1 Appeal Procedure
(1)
The Subdivision and Development Appeal Board, as established by Town Bylaw,
shall hear and make a decision on an appeal where the Development Authority:
(a)
refuses or fails to issue a development permit to a person within forty (40)
days of receipt of a completed application or prior to the expiry date of an
agreement between the applicant(s) and the Development Authority to
extend the 40-day period herein described, or
(b)
issues a development permit for a permitted or a discretionary use subject
to conditions, or
(c)
issues a development permit for a discretionary use, or for a permitted use
pursuant to this bylaw; or
(d)
issues an order under Section 7 of this Bylaw,
and the person applying for the permit or affected by the order, or any other person
affected by an order, decision or development permit of a Development Authority
appeals to the Subdivision and Development Appeal Board.
(2)
A person applying for the permit or affected by an order under Section 7, or any
other person affected by a development permit, order or decision issued/made by
the Development Authority, may appeal to the Subdivision and Development
Appeal Board.
(3)
Notwithstanding subsections (1) and (2) above, no appeal lies in respect of the
issuance of a development permit for a permitted use unless the provisions of this
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Bylaw were relaxed, varied or misinterpreted or for the issuance of a Development
Permit by Council within the Direct Control District.
(4)
An appeal shall be made by serving a written notice of appeal and submitting the
applicable fee to the Secretary of the Subdivision and Development Appeal Board
within fourteen (14) days after:
(a)
the date a notice of the decision or permit issued by the Development
Authority was given in accordance with Section 4.4 of this Bylaw, or
(b)
the date an order was given in accordance with Section 7.1(1) of this Bylaw,
or
(c)
the forty (40) day period or any extension referred to in Section 4.3(8) of
this Bylaw has expired.
(5)
Each notice of appeal shall be accompanied by a fee as set by Council and shall
contain at least one (1) reason for appeal.
5.2 Appeal Hearing
(1)
Within thirty (30) days of receipt of a notice of appeal, the Subdivision and
Development Appeal Board shall hold an appeal hearing respecting the appeal.
(2)
The Subdivision and Development Appeal Board shall give at least five (5) days
notice in writing of the appeal hearing to:
(a)
the appellant;
(b)
the Development Authority from whose order, decision or development
permit the appeal is made;
(c)
those adjacent land owners who were notified under this Bylaw and any
other person who, in the opinion of the Subdivision and Development
Appeal Board, are affected by the order, decision or permit; and
(d)
such other persons as the Subdivision and Development Appeal Board
specifies.
(3)
The Subdivision and Development Appeal Board shall make available for public
inspection before the commencement of the appeal hearing all relevant documents
and materials respecting the appeal including:
(a)
the application for the development permit, its refusal and the appeal
therefrom; or
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(b)
the order of the Development Authority under Section 7.1 of this Bylaw or
Section 645 of the Act.
as the case may be.
(4)
At the appeal hearing referred to in subsection (1), the Subdivision and
Development Appeal Board shall hear:
(a)
the appellant or any other person acting on their behalf;
(b)
the Development Authority from whose order, decision or development
permit the appeal is made, or if a person is designated to act on behalf of
the Development Authority, that person;
(c)
any other person who was served with notice of the hearing and who wishes
to be heard or a person acting on his behalf; and
(d)
any other person who claims to be affected by the order, decision or permit
and that the Subdivision and Development Appeal Board agrees to hear or
a person acting on his behalf.
5.3 Appeal Decision
(1)
In determining an appeal, the Subdivision and Development Appeal Board:
(a)
shall have due regard for any applicable statutory plans and the Town's
Land Use Bylaw;
(b)
shall comply with the Province's Land Use Policies and applicable
regional plans;
(c)
may confirm, revoke or vary the order, decision or development permit or
any condition attached to any of them or make or substitute an order,
decision or permit of its own;
(d)
must have regard for, but is not bound by, the Subdivision and
Development Regulation;
(e)
may make an order or decision or issue or confirm the issue of a
development permit notwithstanding that the proposed development does
not comply with the Land Use Bylaw if, in the opinion of the Subdivision
and Development Appeal Board if:
(i)
the proposed development would not:
A. unduly interfere with the amenities of the neighbourhood, or
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B. materially interfere with or affect the use, enjoyment or value of
neighbouring properties.
(ii)
the proposed development conforms with the use prescribed for the
land or building as defined in this Land Use Bylaw.
(2)
The Subdivision and Development Appeal Board shall give its decision in writing
together with reasons for the decision within fifteen (15) days of the conclusion of
the appeal hearing.
(3)
If the decision of the Development Authority to approve a development permit
application is reversed by the Subdivision and Development Appeal Board, the
development permit shall be null and void.
(4)
If the decision of the Development Authority to refuse a development permit
application is reversed by the Subdivision and Development Appeal Board, the
Development Authority shall forthwith approve the development permit
application in accordance with the decision of the Subdivision and Development
Appeal Board.
(5)
If the decision of the Development Authority to approve a development permit is
varied by the Development Appeal Board, the Development Authority shall
forthwith approve the development permit application in accordance with the
decision of the Subdivision and Development Appeal Board.
(6)
A decision made under this part of the Bylaw is final and binding on all parties and
all persons subject only to an appeal upon a question of jurisdiction or law pursuant
to the Act. An application for leave to the Court of Appeal shall be made:
(a)
to a judge of the Court of Appeal; and
(b)
within thirty (30) days after the issuance of the order, decision, permit or
approval sought to be appealed.
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6 | Bylaw
Amendments
6.1 Application for Amendment
(1)
A person may apply to have this Bylaw amended by applying in writing, furnishing
reasons in support of the application and paying the fee therefore required.
(2)
Council may at any time initiate an amendment to this Bylaw by directing the
Development Authority to initiate an amendment therefore:
(3)
All applications for amendment to the Land Use Bylaw shall be made to the Council
and shall be accompanied by the following, namely:
(a)
an application fee according to the governing Land Use Bylaw fee schedule
as amended from time to time by resolution of Town Council shall be
submitted for each application, but if the proposed amendment is adopted
by Council, Council may determine that the whole or part of the application
fee may be returned to the applicant;
(b)
a title search for the land affected or other documents satisfactory to the
Development Authority indicating the applicant's interest in the said land;
(c)
drawings drawn on standard drafting material to the satisfaction of the
Development Authority, which shall be fully dimensioned, accurately
figured, explicit and complete; and
(d)
any other information deemed necessary by the Development Authority.
(4)
During deliberation on the Bylaw amendment application, Council may refer the
application to such agencies as it considers necessary for comment.
(5)
Council may request such information as it deems necessary to reach a decision on
the proposed amendment.
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6.2 Public Hearing Process
(1)
At the discretion of Council, first reading of a proposed amendment may be given
before the Public Hearing process, and Council may require that the applicant pay
a fee for advertising according to the governing Land Use Bylaw advertising fee
schedule as amended from time to time by resolution of Town Council.
(2)
All amendments to this Bylaw shall be made by Council, by Bylaw, and in
conformity with the requirements of the Act with regard to the holding of a Public
Hearing.
7 | Enforcement
7.1 Contraventions, Stop Orders and Penalties
(1)
Where a Development Authority finds that a development or use of land or
buildings is not in accordance with:
(a)
the Act or the regulations made thereunder; or
(b)
a development permit or subdivision approval; or
(c)
the Land Use Bylaw;
the Development Authority may, in accordance with the Municipal Government
Act, by notice in writing, order the registered owner, the person in possession of
the land or buildings, or the person responsible for the contravention, or all or any
of them to:
(i)
stop the development or use of the land or buildings in whole or in
part as directed by the notice; and/or
(ii)
demolish, remove or replace the development; and/or
(iii)
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, the regulations made thereunder, a development permit, subdivision approval
or this Bylaw, within the time frame specified in the notice as the case may be.
(2)
Where a notice is issued under Section 7.1(1), the notice shall state the following
and any other information considered necessary by the Development Authority:
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(a)
an explanation of the contravention, and a statement indicating under which
provisions of this Bylaw or the Act the order is being carried out;
(b)
the alternatives and processes which the person responsible for the
contravention may pursue in order to correct the contravention;
(c)
a time frame in which the contravention must be corrected prior to the Town
pursuing action; and
(d)
advise the person of their right to appeal the notice to the Subdivision and
Development Appeal Board.
(3)
Where a person fails or refuses to comply with an order directed to him under
subsection (1) or an order of the Subdivision and Development Appeal Board
within the time specified, the Development Authority may, in accordance with
Section 542 of the Act, enter upon the land or building and take such action as is
necessary to carry out the order.
(4)
Where the Development Authority carries out an order, the Council shall cause the
costs and expenses incurred in carrying out the order to be placed on the tax roll as
an additional tax against the property concerned, and that amount shall be collected
in the same manner as taxes on land.
(5)
The municipality may register a Caveat under the Land Titles Act pursuant to the
Order against the certificate of title that is subject to the Order in accordance with
Section 646(2) of the Act.
(6)
Enforcement
(a)
This Bylaw may be enforced, and the contravention of any provisions
contained herein restrained, by the Court of Queen's Bench of Alberta upon
action brought by Council, whether or not any penalty has been imposed for
the contravention.
(b)
A person who:
(i)
contravenes any provision of the Act or the regulations under the
Act,
(ii)
contravenes this Bylaw,
(iii)
contravenes an order under Section 7.1 of this Bylaw and/or Section
645 of the Act,
(iv)
contravenes a development permit or subdivision approval or a
condition attached thereto, and/or
(v)
obstructs or hinders any person in the exercise or performance of his
powers or duties under this Act, the regulations under the Act or this
Bylaw
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is guilty of an offense and is liable to a fine prescribed in Section 566 of the
Act.
(c)
If a person is found guilty of an offense under Section 5.1 of this Bylaw
(Section 557 of the Act), the court may, in addition to any other penalty
imposed, order the person to comply with:
(i)
the Act and the regulations under the Act,
(ii)
this Bylaw,
(iii)
an order under Section 7.1 of this Bylaw and/or Section 645 of the
Act, and/or
a development permit or subdivision approval or a condition attached to a
development permit or subdivision approval.
(d)
Any written notice, or order, or decision that is required under any provision
of this Bylaw to be provided to any person shall be deemed to have been so
provided if it is:
(i)
delivered personally to the person or their agent it is directed to; or
(ii)
mailed by regular mail to the last known address of the person it is
directed to; or
(iii)
left with any agent or employee or resident at the last known address
of the person to whom it is directed.
(e)
In addition to the process and penalties described above, the Development
Authority or any other person identified as a designated officer by the
Council for the purposes of this Section, shall be authorized to issue
violation tickets in respect to any contravention of this Bylaw.
(6)
Violation Tickets
(a)
The Development Authority or any other person identified as a designated
officer by the Council for the purposes of this Section, may issue a violation
ticket to any person alleged to have breached any provision of this Bylaw.
(b)
The violation ticket shall specify the alleged offence committed by the
person to whom the violation ticket is issued and require payment, within
twenty-one (21) days from the date of issue of the violation ticket, of a fine
to the Town.
(c)
Persons contravening any provision of this Bylaw to whom violation tickets
are issued shall be liable for a penalty of $100.00 for a first offence and
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$200.00 for a second or subsequent offence. Each day that a breach of the
Bylaw has occurred may be considered to be a separate offence.
(d)
The violation ticket shall be served upon the alleged offender personally or
by single registered mail. If payment is made within the time limit, then
such payment shall be accepted in lieu of prosecution for the offence.
(e)
If a person who has been served with a violation ticket fails to pay the fine
specified therein, then the right of the alleged offender to settle the alleged
offence without a court appearance shall no longer apply and prosecution
for the alleged offence shall proceed.
(f)
If the person who was served with the violation ticket is thereafter
prosecuted and convicted of the offence specified in the violation ticket, the
fine imposed shall not be less than $125.00, plus court costs, for each
offence.
(g)
If a violation ticket has been issued with respect to a development which
has occurred without an approved development permit, all fines indicated
above shall be doubled.
8 | General Regulations
Notwithstanding the District Regulations in effect on a site, the following regulations shall also
apply.
8.1 Accessory Buildings in Residential Districts
(1)
Where a building is attached to the main building on a site by its roof, an open or
enclosed structure, a floor or a foundation, it is considered to be a part of the main
building.
(2)
Except as otherwise indicated in this Bylaw, this Section applies within all
Residential Districts.
(3)
Unless otherwise provided in this Bylaw,
(a)
an accessory building shall not exceed one storey nor 6.10 m (20 ft.) in
height with maximum height of vertical walls not exceeding 4.27 m (14 ft.).
If vertical walls exceed 3.05 m (10 ft.), then a 0.61 m (2 ft.) overhang is
required;
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(b)
notwithstanding (a) above, a garage with an approved garage suite may not
exceed 10.0 m (32.8 ft.) in height.
(c)
accessory buildings shall not be located:
(i)
within 2.0 m (6.56 ft.) of a dwelling;
(ii)
within a front yard or within a side yard adjacent to a road, except
in the case of a corner lot in which case the accessory building may
be located with a minimum of 5.5 m (18.04 ft.) from the road if, in
the opinion of the Development Authority, no adjacent
developments would be adversely affected;
(iii)
within 1.0 m (3.3 ft.) of a side line or rear line, unless the accessory
building is a garage and the garage doors face the side line or the
rear line, in which case the accessory garage must not be within 5.5
m (18.04 ft.) of the side line or rear line, whichever line the garage
doors face, and within 1.0 m (3.3 ft.) of the other line;
(iv)
over a gas utility line; or
(v)
such distance as required by the Development Authority as a result
of utilities or utility rights-of-way; and
(d)
no roof overhang shall be within 0.3 m (0.98 ft.) of the side and rear lines.
(4)
On corner lots, accessory buildings shall be situated so that the side yard which abuts
the road is not less than the minimum side yard requirement for the main building or
use.
(5)
Except at the discretion of the Development Authority, no accessory building may have
a floor area greater than the floor area of the dwelling on the same lot.
(6)
An accessory building shall not be used as dwelling unless the accessory building is a
surveillance suite or garage suite for which a development permit has been granted
pursuant to this Bylaw.
(7)
All accessory buildings shall be constructed of materials that blend harmoniously with
the main building on the lot.
(8)
An accessory building or use shall not be located on a lot which does not have on it a
main building or use;
(9)
Notwithstanding the provisions of the District in which it is located, the total
combined floor area of accessory buildings shall not exceed twelve percent (12%)
of the lot area.
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(10)
Notwithstanding Subsection (3)(b), fire pits shall be located a minimum of 3.0 m
(10.0 ft.) from a dwelling or any other combustible material including: accessory
buildings, trees and fences;
(11)
Development permits for portable tented structures shall be issued for a temporary
period not exceeding three (3) years.
8.2 Accessory Buildings in Other Districts
(1)
In Districts other than Residential Districts, regulations governing the development
of accessory buildings shall be at the discretion of the Development Authority,
unless otherwise indicated in this Bylaw.
(2)
At the discretion of the Development Authority, a development permit may be
issued for the temporary erection of a factory-manufactured building or tented
structure for use as an accessory building provided that the following additional
conditions are met:
(a)
the development permit approval shall not be for a period of more than one
(1) year,
(b)
if an extension to the one (1) year period is desired by the applicant, the
applicant must submit a written extension request to locate the building for
a further six (6) months.
(3)
Sea cans must be well-maintained and in good condition, or alternatively, must be
adequately buffered to the satisfaction of the Development Authority. The
Development Authority may require that a sea can be given a fresh coat of paint as
a condition of the issuance of a development permit.
8.3 Amateur and Small Radio Antennas
(1)
Amateur and small radio antennas shall only be allowed as accessory developments.
(2)
An amateur or small radio antenna shall conform to the following provisions:
(a)
it shall be installed according to the manufacturer's specifications;
(b)
it shall be located in the rear yard;
(c)
it shall conform to the height regulations in the district in which the antenna
is located;
(d)
it shall not be illuminated or have any signs affixed thereto; and
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(e)
at the discretion of the development authority, it shall be adequately
buffered from adjacent land uses.
8.4 Bareland Condominiums
(1)
A Bare Land Condominium development must comply with all the general
regulations of this Bylaw, including the regulations of the applicable Land Use
District.
(2)
An application for a Bare Land Condominium development shall include a
comprehensive site plan.
(3)
For the purposes of this Bylaw, a Bare Land Condominium Plan is a plan of
subdivision and a unit on a Bare Land Condominium Plan is a lot.
8.5 Basic Campgrounds
(1)
Where a campground proposal will ultimately exceed sixty (60) campsites and/or
cabins and is located on a lot greater than 8.0 ha (19.8 ac.), a development concept
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 development concept plan shall include
detailed plans and specifications (i.e. servicing, traffic, environmental
considerations, etc.) for the initial stage, as well as any subsequent stages of
development.
(2)
A minimum of 10% of the gross lot area of the campground shall be set aside for
common recreation area and shall be developed and maintained as a park,
playground or other useable open space. No portion of any other use and/or facility
shall be included in this area.
(3)
Visitor parking shall be provided in common areas within a campground area, to
the satisfaction of the Development Authority.
(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 Authority for the purposes of accommodating emergency, fire and
maintenance vehicles.
(5)
Within a campground development, the roadway system will be sensitive to the
topography and site characteristics of the site and shall be "signed" to avoid
confusion.
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(6)
All campsites shall be accessible by means of an access at least 3.0 m (9.8 ft.) in
width where the access is for one-way traffic, or at least 6.0 m (19.7 ft.) in width
where the access is for two-way traffic.
(7)
Trees and natural vegetative cover shall not be removed without an approved
development permit, or development concept plan. The Development Authority
may prevent the removal of trees or shrubs adjacent to environmentally sensitive
areas.
(8)
Any adjoining residential area(s) shall be screened by a solid fence or year-round
vegetation with a minimum height of 2.0 m (6.6 ft.), to the satisfaction of the
Development Authority.
(9)
Fires are permitted only in facilities which have been provided for such purpose or
where open fires are allowed by the Town's fire department.
(10)
Fireplaces, fire pits, charcoal and or other barbecue equipment, wood burning
stoves, or any other cooking facilities shall be located, constructed, maintained and
used to minimize fire hazard and smoke nuisance in the campground and the
neighbouring properties.
(11)
Fire extinguishers capable of dealing with electrical and wood fires shall be kept in
all service buildings.
(12)
A suitable ingress and egress shall be provided so that every campground may be
readily serviced in emergency situations. 24-hour emergency communications
service (e.g. telephones) shall be provided.
(13)
Pedestrian walkways having a width of not less than 1.2 m (3.9 ft.) shall be provided
from campground stalls to all service buildings, facilities, refuse collection areas,
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.
(14)
The storage, collection and disposal of solid waste in campgrounds shall be so
conducted as to create no health hazards, rodent harbourage, insect breeding areas,
or accident or fire hazards. Individual or grouped refuse containers must be
screened to the satisfaction of a Development Authority.
(15)
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 a Development Authority.
(16)
Campgrounds with more than sixty (60) campsites and with permanent cabins shall
provide onsite services as follows:
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(a)
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 Town Engineer and 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 100.0 m (328.1 ft.) of the campsites.
The water supply outlets shall be constructed to the satisfaction of the
Town Engineer and the Development 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 and/or sanitary dumping station, to the
satisfaction of the Development Authority. The sewage disposal system in
a campground shall be constructed to the satisfaction of the Town Engineer
and 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 Town Engineer
and 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 20.0 m (65.6 ft.).
(e)
In no case shall less than one (1) toilet and lavatory be provided for each sex
for every ten (10) campsites.
(17)
Campgrounds, containing campsites, cabins, hotels and or motels are considered
temporary occupancies, and subsequently, the maximum occupancy is two hundred
and forty (240) days per calendar year.
(18)
The minimum size for a campsite is:
(a)
10.0 m (32.8 ft.) in width;
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(b)
25.0 m (82 ft.) in depth; and
(c)
325.0 sq. m (3500 sq. ft.) in area.
(19)
A recreation vehicle/travel trailer on a campsite shall be separated a minimum of
3.0 m (9.8 ft.) from:
(a)
another recreation vehicle/travel trailer on an adjacent site;
(b)
other structures; and
(c)
an interior roadway.
(20)
Each campsite shall provide two parking spaces on the campsite.
(21)
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.
8.6 Bed & Breakfast Establishments
A bed and breakfast establishment shall comply with the following regulations:
(1)
A bed and breakfast establishment shall not change the principal character or
external appearance of the dwelling involved, and shall have a maximum of three
(3) sleeping bedrooms.
(2)
Cooking facilities shall not be located within the sleeping units.
(3)
A bed and breakfast establishment shall also comply with all of the requirements
for a home occupation described in Section 8.25 of this Bylaw.
8.7 Building Exteriors
(1)
Except at the discretion of the Development Authority, no single family dwellings
of identical (or in the opinion of the Development Authority similar) roof or front
elevations or total colour treatment shall be located within four (4) lots from each
other along either side of a road, unless the dwellings form part of a single project
which is subject to one development permit.
(2)
The exterior finish on all buildings shall be of a permanent material, and be of a
character and quality satisfactory to the Development Authority.
(3)
The design, character, and appearance of all buildings shall:
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(a)
be compatible with other buildings in the vicinity unless the building is
setting a new standard for the District in which it is located,
(b)
be suited to the purpose of the District in which it is located, and
(c)
comply with the provision of any statutory plan applicable to the design,
character or appearance of the building.
8.8 Cannabis Production and Distribution
Regulations within this section apply to the production and development of licensed
cannabis for medical and non-medical purposes.
(1)
No cannabis production and distribution development shall be permitted unless all
applicable licensing and approvals have been provided for by the provincial and
federal governments.
(2)
A cannabis production and distribution development shall comply with all Land
Use Bylaw and policy requirements as well as all applicable Federal and Provincial
regulations including:
(a)
The production of cannabis in accordance with the Cannabis Regulations,
SOR/2018-144, as amended, or any subsequent legislation that may be
enacted.
(3)
Cannabis production and distribution developments must provide a copy of the
current license(s) for the cannabis production and distribution development as
issued by the provincial and/or federal government to the Development Authority
with the application or as a condition of development permit approval.
(4)
Cannabis production and distribution developments shall meet security and
premises requirements as required under provincial and federal legislation.
(5)
The design of the buildings and the landscaping on the site shall be consistent with
the characteristics and appearance of the surrounding neighbourhood.
(6)
The development shall be designed to minimize any exposure or disturbance to
the surrounding area including, but not limited to, dust, pollution, noise, odour, or
any other related land use nuisance effects.
(7)
No outdoor storage of goods, material, or supplies shall be permitted.
(8)
Garbage containers and waste material shall be contained within an enclosed and
locked building.
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(9)
Solid waste material shall be secured in accordance with provincial and federal
regulations until destroyed.
(10)
All activities related to the cannabis production and distribution developments
shall occur within fully enclosed stand-alone building(s), including but not limited
to loading, receiving, and shipping of cannabis and any other goods, materials, and
supplies.
(11)
Hours of operation may be restricted as a condition of the development permit
issued by the Development Authority.
(12)
A cannabis production and distribution development's exterior lighting levels shall
satisfy the following requirements:
(13)
The illumination of parking areas, walkways, signs, and other structures associated
with cannabis production and distribution development shall be arranged to meet
the requirements under provincial and federal regulations.
(14)
Minimum lot size shall be at the discretion of the Development Authority.
(15)
Minimum setback from any watercourse or water body shall be 30.0 m (98.0 ft.).
(16)
Maximum lot coverage shall be at the discretion of the Development Authority.
(17)
Maximum height of the principle building shall be 10.0 m (32.8 ft.).
(18)
A building or structure used for security purposes for a cannabis production and
distribution development may be located in the front yard and must comply with
the required minimum setbacks in the applicable district.
(19)
On site buffering measures shall be required for all cannabis production and
distribution facilities. Buffers may include a combination of: setbacks,
landscaping, and fencing to mitigate the impacts on adjacent lots.
(20)
Parking and loading requirements for cannabis production and distribution
facilities shall be provided based on this regulation in Sections 8.39 and 8.40 of
this Bylaw and any applicable requirements in provincial and federal regulations,
as amended.
The regulations in this section are not exclusive and shall not prevent the Town from
exercising any other remedy available under the law, nor shall the provisions of this section
prohibit or restrict other Federal or Provincial law or policy to be enacted upon."
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8.9 Cannabis Retail Sales Establishment
Regulations within this section apply to the retail sale of cannabis.
(1)
Cannabis retail sale establishments shall comply with all Land Use Bylaw and
policy requirements as well as all applicable Federal and Provincial regulations
including:
(a)
the production of cannabis in accordance with the Cannabis Regulations,
SOR/2018-144, as amended;
(b)
any subsequent legislation or regulations that may be enacted.
(2)
Cannabis retail sale establishments shall comply with the following requirements,
in addition to any other municipal or provincial regulations or requirements:
(a)
only facilities licensed by the provincial or federal governments will be
permitted;
(b)
a copy of the license(s) for the cannabis retail sales establishment as issued
by the provincial government shall be provided to the Development
Authority, with the application or as a condition of development approval.
(3)
Cannabis retail sales establishments shall include suitable landscaping and parking
requirements, as determined by the Development Authority. Parking shall comply
with regulations of this Bylaw for a commercial use and meet all servicing
standards of the municipality.
(4)
The design of the buildings and the landscaping on the site shall be consistent with
the characteristics and appearance of the surrounding neighbourhood.
(5)
Cannabis retail sales establishments shall meet security and premises requirements
as required under provincial and federal legislation.
(6)
Solid waste material shall be secured in accordance with provincial and federal
regulations until destroyed.
(7)
Hours of operation may be restricted as a condition of the development permit
issued by Development Authority.
(8)
A cannabis retail sales establishment's exterior lighting levels shall satisfy the
following requirements:
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(a)
The illumination of parking areas, walkways, signs, and other structures
associated with cannabis retail sale development shall be arranged to meet
the requirements under provincial and federal regulations.
(9)
Cannabis retail sales establishments, as defined in this Bylaw, shall be prohibited
from locating within 100.0 m (328.1 ft.) of a public education facility, a provincial
health care facility, a public park, or a parcel of land that is designated school
reserve, or municipal and school reserve.
(10)
A public education facility, a provincial health care facility, a public park, or a
parcel of land that is designated as school reserve, or municipal and school reserve
shall not be approved within 100.0 m (328.1 ft.) of an approved cannabis retail sales
establishment.
(11)
The separation distance between the cannabis retail sales establishment and the uses
listed in subsections 8.9(9) and 8.9(10) shall be determined by measuring a straight
line from the outer wall of the proposed cannabis retail sales establishment to the
closest point on the lot containing the sensitive use.
(12)
A site, building or structure established, operated, or maintained as a cannabis retail
sales establishment shall comply with the provisions made for in any applicable
Municipal, Provincial, and Federal regulations as per this Bylaw.
(13)
Applications for subdivision of land for this use shall include the information
required by the Development Authority in Section 4.1.
These regulations are not exclusive and shall not prevent the municipality from exercising
any other remedy available under the law, nor shall the provisions of this section prohibit
or restrict other Federal or Provincial law or policy to be enacted upon.
8.10 Car Washes
(1)
In addition to the Districts in which a car wash is indicated as a permitted or a
discretionary use, a car wash may be allowed as a discretionary use as part of a
shopping centre if the Development Authority is satisfied that it will not contravene
other regulations of this Bylaw or adversely affect an adjoining land use or traffic
circulation within and adjacent to the shopping centre.
(2)
The minimum lot area shall be 600 sq. m (6458.0 sq. ft.) and shall contain space for
ten (10) vehicles to wait or be parked prior to their entry into any part of the cleaning
process for which they are bound. In the case of service stations or gas bars
including car washes, minimum lot area shall be 1120.0 sq. m (12,056.0 sq. ft.).
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(3)
All lot and building requirements pertaining to drive-in businesses (Section 8.17)
shall also apply to car washes.
8.11 Churches & Other Places of Religious Assembly
(1)
The lot on which a place of religious assembly is situated shall have a frontage of
not less than 30.48 m (100 ft.) and an area of not less than 929 sq. m (10,000 sq.
ft.), except in the case where a building for a clergyman's residence is to be erected
on the same lot. The area of the lot in this case shall not be less than 1393.5 sq. m
(15,000 sq. ft.).
(2)
Minimum front, side and rear yards shall be those required within the District in
which the place of religious assembly is located.
8.12 Confined Feeding Operations & Manure Storage
Facilities
(1)
Confined feeding operations and manure storage facilities for which an approval, a
registration, or an authorization is required pursuant to the Agricultural Operation
Practices Act are not regulated by this Bylaw but by that Act.
8.13 Crime Prevention Through Environmental Design
(1)
During the review of a Development Permit, the Development Authority may
consider the following Crime Prevention Through Environmental Design (CPTED)
principles, and make recommendations for the proposed development:
(a)
the reduction of concealment opportunities;
(b)
The provision of lighting to minimize unlit areas;
(c)
the placement of windows to maximize informal surveillance; and
(d)
easily-identified street addresses.
8.14 Development on Corner and Double Fronting
Lots
(1)
On corner lots in any district, no fence, wall, tree, bush structure or thing more than 1.0
m (3.3 ft.) in height shall be erected, placed or maintained within the triangular area
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formed by the intersecting boundary lines of the lot adjacent to the highway or road and
a straight line joining points on those boundary lines 8.0 m (26.2 ft.) from their
intersection.
(2)
In the case of double fronting sites, the front yard shall be that portion of the site
abutting the road on which the front yards of adjacent lots face. If adjacent lots have
front yards facing both roads, front yards shall be considered to be on both roads and
the lot may thus have no rear yard.
(3)
Notwithstanding any other provision of this Bylaw to the contrary, the Development
Authority may require that a development on a corner site or on a double fronting site
provide two minimum required front yards, after having regard to the orientation of
adjacent lots and to the location of accesses to the development.
(4)
Notwithstanding any other provision of this Bylaw to the contrary, where a second
minimum front yard is not required on a corner site, the minimum required side yard
on the side adjacent to the road shall not be less than 3.8 m (12.6 ft.).
(5)
Notwithstanding Subsection (4) above, features under 0.5 m (1.65 ft.) above grade may
can project to the side line where a second minimum front yard is not required on a
corner
site
(see
figure
20).
Figure 21: Permitted Side Yard Setbacks
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8.15 Day Use and Picnic Areas
(1)
A sufficient number of picnic tables, fire pits and garbage cans shall be provided to
accommodate the design capacity of the site. Exact numbers shall be at the
discretion of the Development Authority.
(2)
The facility shall be designed and landscaped in order to minimize disturbance to
the natural environment and to protect heavy use areas from damage.
(3)
Where the day use area directly adjoins a residential development, adequate
screening or fencing, to the satisfaction of the Development Authority, will be
required between the uses.
(4)
Parking areas should be physically separated from the rest of the day use or picnic
areas.
8.16 Development of a Project
(1)
Prior to the granting of approval of a multi-lot subdivision application or a
development permit for a large project, as the case may be, the developer shall
provide the municipality with a proposed site development and landscaping plan
and enter into an agreement with the municipality specifying the respective
obligations of the developer and the municipality.
8.17 Drive-In Businesses
(1)
Points of access and egress shall be located to the satisfaction of the Development
Authority.
(2)
The minimum lot area shall be 557.4 sq. m (6000 sq. ft.).
(3)
All parts of the lot to which vehicles may have access shall be hardsurfaced and
drained to the satisfaction of the Development Authority.
(4)
The lot and all improvements thereon shall be maintained in clean and tidy
condition, free from rubbish and debris.
(5)
Receptacles for the purpose of disposing of rubbish and debris shall be provided as
required by the Development Authority.
(6)
The owner/operator of a drive-in shall be responsible for the safe and orderly
operation of motor vehicles using the lot.
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8.18 Dwelling Units on a Lot
(1)
No permit shall be granted for the erection of any more dwelling units on a single
lot other than allowed for within this Bylaw.
(2)
No more than one single family dwelling shall be permitted on any lot.
(3)
The number of dwelling units allowed on any lot shall not exceed one (1) except:
(a)
where the additional dwelling unit:
(i)
is contained in a building that, or in buildings each of which, is
designed for or divided into two (2) or more dwelling units, and
which is located within a District where such buildings are allowed
as either a permitted or a discretionary use; or
(ii)
is a secondary suite, in-law suite, or garage suite as defined in this
Bylaw, and which is located within a District where a secondary
suite, , in-law suite, or garage suite is allowed as either a permitted
or a discretionary use; or
(iii)
is a building, as defined in the Condominium Property Act, that is
the subject of a condominium plan to be registered in a land titles
office under the Act.
8.19 Emergency Access to Buildings
(1)
Sites shall be so designed that, in the opinion of the Development Authority,
appropriate access for firefighting equipment is afforded to all buildings.
(2)
On at least two sides (one of which shall be the longest side) of any dwelling which
is an apartment and which exceeds two (2) storeys in height there shall be firm level
areas accessible from an adjacent road for firefighting equipment for at least 75%
of the length of each of the two (2) sides of the building. Such areas shall not be
less than 4.25 m (13.9 ft.) in width and not more than 3.0 m (9.9 ft.) from the
building, and no permanent structure or vehicular parking shall be permitted
thereon.
(3)
A paved driveway or driveways for the purpose of permitting the access of
firefighting equipment to all major access points of shopping center buildings and
to all fire risk utilities on the shopping center site shall be provided, and no
permanent structure or vehicular parking may be provided thereon.
8.20 Existing Substandard Lots
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Development on existing substandard lots may be allowed by the Development Authority.
Compliance with the Alberta Safety Codes Act and any applicable Provincial Board of
Health Regulations shall be required.
8.21 Fences, Walls & Hedges
(1)
Notwithstanding any regulation respecting required yards to the contrary in this
Bylaw, a fence or hedge may be constructed along a boundary line of a lot provided
however, that a fence, wall or hedge or other vegetation shall not be allowed to
encroach onto any road or lane right-of-way.
(2)
No fence, wall or hedge in any Residential District shall be:
(a)
Higher than 2.0 m (6.56 ft.) in side yards and rear yards, such height to be
measured as the average elevation from the ground at the fence or wall
unless otherwise provided in this Bylaw; or
(b)
Higher than 1.0 m (3.3 ft.) in front yards, except in the case of a corner lot,
the side yard adjacent to the road shall be deemed to be a front yard for the
purpose of this subsection (see figure 21); or
(c)
Higher than 1.0 m (3.3 ft.) within 6.0 m (19.7 ft.) of the intersection of roads,
(see figure 21).
(d)
Higher than 1.0 m (3.3 ft.) within 4.5 m (14.8 ft.) of the intersection of lanes
and lands with roads (see figure 21) .
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Figure 22: fence height requirements
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(3)
All apartment or row housing developments shall provide, to the satisfaction of the
Development Authority, a wall, hedge or wooden fence of not less than 1.2 m (3.9
ft.) nor more than 2.1 m (7.0 ft.) in height, along any side or rear lines adjacent to
any residential district.
(4)
All drive-in businesses, car washing establishments, service stations and gas bars
adjacent to any Residential District shall provide and maintain, to the satisfaction
of the Development Officer, a solid wall or fence of not less than 1.5 m (4.9 ft.) nor
more than 2.1 m (7.0 ft.) in height.
(5)
All other commercial or industrial uses adjacent to any Residential District shall
provide, to the satisfaction of the Development Authority, a wall or fence of not
less than 1.8 m (6.0 ft.) in height for screening. In addition, garbage containers and
outdoor storage shall be screened to the satisfaction of the Development Authority.
(6)
Notwithstanding any other provision in this Bylaw to the contrary, the height of a
fence or wall in a Commercial or Industrial District may be up to 2.5 m (8.2 ft.) in
height, provided, however, that no barbed wire shall be used above the height of 1.8
m (6.0 ft.).
(7)
The height of a fence in an Industrial District or in an Urban Reserve District shall
be as determined by the Development Authority.
(8)
The Development Authority may require that any fence or wall in any Commercial
or Industrial District or related to an apartment or row housing development,
including those indicated in Subsections (3) to (6), inclusive, above, be opaque.
(9)
Neither razor wire nor barbed wire shall be allowed within Residential Districts.
(10)
Razor wire shall not be used in the municipality without a development permit
having been issued to allow its use.
(11)
Barbed wire shall be used as a fencing material only if a development permit has
been issued to allow its use.
8.22 Garage Suites
(1)
A garage suite shall be restricted to a site occupied by a single family dwelling.
(2)
A garage suite is prohibited from being constructed on a lot with a duplex, or multi-
family dwelling.
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(3)
A maximum of one garage suite is allowed on any lot on which a single family
dwelling is located.
(4)
A garage suite shall remain accessory to and subordinate to the principal dwelling
and shall not exceed 80.0 sq. m (860.0 sq. ft.) in floor area.
(5)
A garage suite shall remain accessory to and subordinate to the use of the garage.
(6)
The minimum floor area for a garage suite is 30.0 sq. m (322.9 sq. ft.).
(7)
Shared mechanical rooms and common areas shall be excluded from the floor area
calculation of the garage suite.
(8)
A garage suite includes, but not limited to, a food preparation area,
counter/cupboard space, sink, refrigerator, stove or provision of 220 volt wiring and
toilet with bathing facilities.
(9)
A garage suite shall have an entrance separate from the entrance to the garage, either
from a common indoor landing or directly from the exterior of the structure.
(10)
At grade garage suites shall have a maximum height of 4.5 m (14.8 ft.).
(11)
Above grade garage suites shall have a maximum height of 5.5 m (18.0 ft.) for suites
with a flat roof, and 6.5 m (21.3 ft.) for suites with a sloped roof, provided that the
maximum height of the accessory building in which the garage suite is located is
not higher than the height of the principal dwelling.
(12)
A minimum of three (3) onsite parking spaces are required. Tandem parking may
be allowed at the discretion of the Development Authority.
8.23 Group Homes, Day Homes and Child Care
Facilities
(1)
All group homes, day homes, and child care facilities shall conform to regulations
under the Safety Codes Act and any other relevant Provincial legislation and
regulations.
(2)
In making a decision on a development permit for a group home, a day home, or a
child care facility, the Development Authority shall consider, among other matters,
if the development would be suitable for the location proposed, taking into account:
potential traffic generation, proximity to park or other open or recreation areas,
isolation of the proposed location from other residential uses, buffering or other
techniques designed to limit any interference with other uses or the peaceful
enjoyment of their properties by nearby residents, and consistency in terms of
intensity of use with other development in the area.
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(3)
In addition to all other regulations of this Bylaw, a group home development shall
comply with the following regulations:
(a)
The maximum number of residents shall be established by the Development
Authority who shall have regard for the nature of the group home and the
density of the District in which it is located.
(b)
The group home shall not generate pedestrian or vehicular traffic or parking
in excess of that which is characteristic of the District in which it is located.
(4)
In addition to all other regulations of this Bylaw, a child care facility development
and a day home development shall comply with the following regulations:
(a)
The maximum number of children for which care may be provided in a child
care facility shall be established by the Development Authority who shall
have regard for the nature of the facility, the density of the District in which
it is located, potential increases in traffic, and the location of the use in
relation to other uses in the area of the development.
(b)
The maximum number of children for which care may be provided in a day
home shall be established by the Development Authority who shall have
regard for the nature of the day home, the density of the District in which it
is located, potential increases in traffic, and the location of the use in relation
to other uses in the area of the development.
(c)
Notwithstanding Subsection (4)(b) above, the number of children within a
day home established within a dwelling unit in any Residential District shall
not exceed six (6).
(d)
A child care facility in any non-residential District shall be in a separate
facility, either within the principal building on the lot or in an accessory
building, with a separate access to ground level and an adjacent playground
area.
8.24 Hazardous Materials
(1)
No anhydrous ammonia storage shall be allowed within the municipality.
(2)
Liquefied petroleum gas tanks with a storage capacity exceeding 9080 l (2000 gal.)
may only be allowed within the Industrial District at the discretion of the
Development Authority.
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(3)
All developments which store, manufacture or utilize materials or products which
may be hazardous due to their flammable or explosive characteristics will comply
with Provincial and Federal legislation and regulations.
(4)
No development in any District shall emit air or water contaminants in excess of
the standards prescribed Provincial and Federal legislation and regulations.
(5)
All commercial or industrial developments involving the following hazardous
materials shall submit a written description of the materials and operations being
undertaken on the site to the Development Authority for review prior to
development approval at the time of development permit application, or at the time
the operation begins using the material:
(a)
poisonous and infections agents,
(b)
pesticides,
(c)
corrosives and explosives,
(d)
flammable and combustible liquids,
(e)
manures, and
(f)
radiation.
(6)
No development shall create or discharge toxic materials in amounts or quantities
that exceed the levels prescribed by Provincial and Federal legislation and
regulations.
(7)
No development shall discharge toxic or noxious materials:
(a)
across the boundaries of a site,
(b)
through infiltration into the soil,
(c)
into the municipal sewage disposal system, or
(d)
into a water body, any surface water channel, or any below surface water
course.
8.25 Home Occupations
(1)
All development permits issued for home occupations shall be revocable at any
time by the development authority, if, in its opinion, the use is or has become
detrimental to the amenities of the neighbourhood in which it is located.
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(2)
A minor home occupation shall comply with the following regulations:
(a)
All sales relating to the home occupation shall occur off the premise.
(b)
A minor home occupation shall not employ any person on-site other than a
resident of the dwelling.
(c)
Storage shall only be allowed inside the dwelling and not in an accessory
building. There shall be no display of goods in the interior of the residence.
(d)
No offensive noise, vibration, smoke, dust, odour, heat, glare, electrical or
radio disturbance detectable beyond the boundary of the lot on which the
minor home occupation is located shall be produced by the home
occupation.
(e)
There shall be no outdoor business activity, or outdoor storage of material
or equipment associated with the minor home occupation allowed on the
site. Storage related to the minor home occupation shall be allowed only in
either the dwelling or accessory buildings.
(f)
Up to five (5) business visits per week are allowed.
(g)
Exterior alterations or additions to accommodate a minor home occupation
shall not be allowed.
(h)
No commercial vehicle used in or for the home based business shall be
parked on the subject site, unless the vehicle is fully enclosed within a
garage, or on the adjoining road.
(i)
No exterior signage shall be allowed.
(3)
A major home occupation shall comply with the following regulations:
(a)
The number of non-resident employees working on-site shall not exceed
two (2) on-site, non-occupant employees.
(b)
Up to eight (8) business visits per day are allowed.
(c)
No more than one (1) commercial vehicle, not exceeding 4500 kg. in weight
(loaded or unloaded), to be used in conjunction with the major home
occupation, shall be parked or maintained on the site in a Residential
District. The parking space for the commercial vehicle shall be adequately
screened and sited behind the principal building to the satisfaction of the
Development Authority.
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(d)
Any interior or exterior alterations or additions to accommodate a major
home occupation may be allowed at the discretion of the Development
Authority, as along as such alterations comply with this Bylaw and the
Alberta Safety Codes Act and the regulations made thereunder.
(e)
There shall be no exterior signage, display or advertisement other than a
business identification sign, the size of which shall be entirely at the
discretion of the Development Authority, and related to the location of the
sign on the lot.
(f)
There may be a limited volume of on-premises sales.
(g)
The home occupation - major shall not, in the opinion of the Development
Authority, generate pedestrian or vehicular traffic or parking, in excess of
that which is characteristic of the District in which it is located.
(h)
Storage related to the business activity shall be allowed in either the
dwelling or accessory buildings.
(i)
The home occupation - major shall not be allowed if, in the opinion of the
Development Authority, such use would be more appropriately located in a
Commercial or an Industrial District having regard for the overall
compatibility of the use with the residential character of the area.
(4)
All home occupations shall comply with the following requirements:
(a)
In addition to a development permit application, each application for a
minor home occupation or a major home occupation shall be accompanied
by a description of the business to be undertaken in the dwelling, an
indication of the anticipated number of business visits per week, and details
for the provision of parking along with other pertinent details of the business
operation.
(b)
When a development permit is issued for a home occupation, such permit
shall be terminated should the applicant vacate the property for which the
permit has been issued.
(c)
There shall be no exterior signage, display or advertisement, other than for
a small name plate not exceeding 0.2 sq. m (2.2 sq. ft.).
(d)
A minor or major home occupation shall not occupy more than 20% of the
floor area of the main dwelling or 35.0 sq. m (37.05 sq. ft.), whichever is
greater.
(e)
There shall be no outdoor business activity, or outdoor storage of material
or equipment associated with the business allowed on the site.
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(f)
All residents who hold a home occupation business license shall be required
to renew same in January of each calendar year in the appropriate form
provided by the municipality.
(g)
The home occupation shall not create any nuisance by way of noise, dust,
odour, or smoke, or anything of an offensive or objectionable nature.
(h)
There shall be no mechanical or electrical equipment used which creates
external noise, or visible or audible interference with home electronics or
computer equipment in adjacent dwellings.
(i)
Home occupations shall not involve:
(i)
activities that use or store hazardous material in quantities exceeding
those found in a normal household; or
(ii)
any use that would, in the opinion of the development authority,
materially interfere with or affect the use, enjoyment, or value of
neighbouring properties.
(j)
It is not the intent of this Bylaw to prohibit residents from doing handcrafts
from their residences. These activities may be carried on subject to the
following:
(i)
only family members are involved;
(ii)
all sales shall occur off the premises; and
(5)
A permit issued for a home occupation is valid for one (1) year or longer as
determined by the Development Authority. It is the obligation of the developer to
seek renewal of a development permit prior to the expiry of the time period for
which the initial permit was issued. The Development Authority shall consider the
renewal on its merits.
(6)
A stop order may be issued at any time if, in the opinion of the Development
Authority, the operator of the home occupation has violated any provisions of this
Bylaw or conditions of the approval of the development permit and complaints
based on the operation of the home occupation have been received.
8.26 Industrial Developments
(1)
The Development Authority may request advisory comment from various
departments within the Provincial and Federal Government and/or from the Health
Authority when considering an application for the establishment of an industrial
use in the Industrial (M1) District.
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(2)
All site regulations and development requirements, including any requirement for
buffers, shall be based upon the type of industrial development proposed and shall
be at the discretion of the Development Authority.
(3)
A development permit for an industrial use in the Industrial (M1) District may only
be issued if, in the opinion of the Development Authority:
(a)
the applicant can satisfy the Development Authority with respect to any
concerns about:
(i)
the type and level of exhaust that may be emitted into the
atmosphere;
(ii)
servicing requirements and provisions for meeting them; and
(iii)
any costs associated with providing new or upgraded municipal
services associated with the development.
8.27 Industrial Hemp Production Facility
(1)
No Industrial Hemp Production Facility shall be permitted unless all applicable
licensing and approvals have been provided for by the provincial and federal
governments.
(2)
An industrial hemp production facility shall comply with the following
requirements, in addition to any other municipal or provincial regulations or
requirements:
(a)
Only facilities licensed by Health Canada under the Industrial Hemp
Regulations, SOR/2018-145, or as amended, will be permitted.
(b)
A copy of the current license for the Industrial Hemp Production Facility as
issued by Health Canada shall be provided to the Development Authority
before a permit can be issued.
(3)
The development shall be consistent with the characteristics and appearance of the
neighbourhood.
(4)
The development shall be designed and located to minimize any impacts on the
natural environment.
(5)
The development shall minimize any exposure or disturbance to the surrounding
area including, but not limited to, dust, pollution, noise, odour, or any other related
land use nuisance effects.
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(6)
There shall be no outdoor storage of industrial hemp in accordance with Industrial
Hemp Regulations, SOR/2018-145.
(7)
All activities related to the Industrial Hemp Production Facility shall occur within
a fully enclosed stand-alone building, including but not limited to loading,
receiving, and shipping of industrial hemp in accordance with Industrial Hemp
Regulations, SOR/2018-145.
(8)
An Industrial Hemp Production Facility's exterior lighting levels should meeting
the following:
(a)
The illumination of parking areas, walkways, signs, and other structures
associated with Industrial Hemp Production Facilities shall be arranged to
meet any requirements of the Land Use Bylaw or any other bylaw and/or
policy approved by the Town and any requirements under the Industrial
Hemp Regulations, SOR/2018-145.
(9)
An Industrial Hemp Production Facility Site, for the purposes of this section, means
the lot(s) on which the Industrial Hemp Production Facility is located or is proposed
to be located.
(10)
The minimum lot size shall be at the discretion of the Development Authority
having regard to the requirements in the Industrial Hemp Regulations, SOR/2018-
145.
(11)
The minimum setback from any watercourse or water body shall be 30.0 m (98.0
ft.).
(12)
The maximum lot coverage shall be at the discretion of the Development Authority.
(13)
The maximum height shall be 10.0 m (32.8 ft.) for the principal building.
(14)
The minimum front setback from any property line next to a road right of way shall
be:
(a)
A From a municipal road - at the discretion of the Development Authority
(b)
From a highway - As required by Alberta Transportation
(15)
A building or structure used for security purposes for an Industrial Hemp
Production Facility may be located in the front yard and shall comply with the
required minimum setbacks identified within the applicable district.
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(16)
The minimum landscaping buffer width shall be as required by the Development
Authority excluding those developments proposed adjacent to a provincial highway
which are subject to Alberta Transportation regulations.
(17)
Buffers shall be required for all Industrial Hemp Production Facilities. Buffers may
combine: setbacks, landscaping, and fencing to mitigate the impacts on farming and
adjacent activities.
(18)
Parking and loading requirements for an Industrial Hemp Production Facility shall
be provided based on this regulation in Sections 8.39 and 8.40 of this Bylaw and
any applicable requirements and regulations under the Industrial Hemp
Regulations, SOR/2018-145, as amended.
The regulations in this section are not exclusive and shall not prevent the Town from
exercising any other remedy available under the law, nor shall the provisions of this section
prohibit or restrict other Federal or Provincial law or policy to be enacted upon.
8.28 In-law Suites
(1)
An in-law suite shall be restricted to a site occupied by a single family dwelling or
a duplex dwelling.
(2)
An in-law suite is prohibited from being constructed within an apartment building
or row house.
(3)
A maximum of one in-law suite is allowed on any lot on which a single family
dwelling or duplex is located.
(4)
An in-law suite shall remain accessory to and subordinate to the principal dwelling
and shall not exceed 80.0 sq. m (860.0 sq. ft.) in floor space.
(5)
Shared mechanical rooms and common areas shall be excluded from the floor area
calculation of the in-law suite.
(6)
An in-law suite includes, but not limited to, a food preparation area,
counter/cupboard space, sink, refrigerator, stove or provision of 220 volt wiring and
toilet with bathing facilities.
(7)
An in-law suite does not have an entrance separate from the entrance to the principal
dwelling.
(8)
The minimum floor area for an in-law suite is 30.0 sq. m (322.9 sq. ft.).
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8.29 Intensive Agriculture
(1)
All development proposals for intensive agriculture shall be considered and decided
upon by the Development Authority individually based upon their individual merit
and consideration should be given to such items as site selection, waste disposal,
first owner priority, and the distance from watercourses and waterbodies, and from
roads and highways.
8.30 Keeping of Domestic Pets & Livestock
(1)
The keeping of domestic pets in the Residential Districts shall be in accordance
with the following provisions without the need to obtain a development permit:
(a)
No animals other than domestic pets shall be allowed in Residential Districts.
(b)
The total number of domestic pets per lot shall not exceed three (3).
(2)
The keeping of domestic pets not in accordance with this Section shall require a
development permit.
(3)
On lots 0.61 ha (1.5 ac) in size and larger in the Urban Reserve District in addition to
domestic pets livestock units shall be allowed in accordance with the following:
Allowable Number of
Lot Size
Livestock Units
0.61 - 1.0 ha (1.5 - 2.5 ac.)
2
1.0 - 2.0 ha (2.5 - 5.0 ac.)
3
2.0 - 3.1 ha (5.0 - 7.5 ac.)
4
2.01 - 8.09 ha (7.5 - 19.99 ac.)
5
On lots greater than 8.09 ha (19.99 ac.) in the Urban Reserve District, livestock unit
restrictions shall not apply.
(4)
Animals shall be kept under such conditions that they do not act as a nuisance and
reduce the amenities of the residential area for other residents, nor shall they create any
health nuisance.
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(5)
The keeping of livestock not in accordance with this Section shall require a
development permit.
(6)
For the purposes of this section, "one (1) livestock unit" means:
(a)
one (1) horse (over one (1) year old), or
(b)
two (2) colts (up to one (1) year old), or
(c)
one (1) cow or steer (over one (1) year old), or
(d)
one (1) buffalo (over one (1) year old), or
(e)
two (2) calves (up to one (1) year old), or
(f)
one (1) llama, or
(g)
two (2) alpacas, or
(h)
one (1) pig (over one (1) year old), or
(i)
two (2) piglets (up to one (1) year old), or
(j)
ten (10) ducks, turkeys, geese or chickens, or
(k)
two (2) sheep or goats, or
(l)
twenty (20) rabbits or similar rodents.
(7)
The keeping of ostriches, emus, or other ratites shall only be allowed upon issuance of
a development permit. Two (2) ostriches, emus, or other ratites shall be the equivalent
of one livestock unit. Any development permit issued for the keeping of these animals
shall require, as a condition of the approval, the construction of a minimum 1.8 m (5.9
ft.) high perimeter fence comprised of tight lock game fencing or chain link fencing
with steel or wooden posts around the fenced pen area.
(8)
For animals specified in Subsections 8.30(6)(a) to (l), a perimeter fence not less than
1.2 m (3.9 ft.) in height shall be constructed of four (4) strand barbed wire, chain link
or wood/ steel rail. The perimeter fence is to be no closer than 20.0 m (65.6 ft.) from
the nearest dwelling. For all other animals specified in Subsection 8.30(7), appropriate
fencing will be constructed to contain said animals/birds within the property.
(9)
The municipality will discourage grazing within sensitive riparian areas.
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8.31
Landscaping
(1)
Landscaping in all developments shall be to the satisfaction of the Development
Authority and in accordance with the municipality's landscaping standards as stated
in Subsection (9) hereof. Where a landscaping plan is required with an application
for a development permit, no landscaping shall commence prior to the plan being
approved by the Development Authority.
(2)
Up to a $1000.00 landscaping deposit may be required with the submission of
Development Permit applications for residential, commercial and industrial
development. The deposit will be fully refundable after the first year of the
completion of the development if:
(a)
the landscaping is complete within one year of the house being constructed
to lockup; and
(b)
the landscaping conforms to the approved landscaping plan and meets with
the satisfaction of the Development Authority.
(3)
When landscaping or planting is a condition of the approval of a development
permit, all such landscaping and planting must be carried out, to the satisfaction of
the Development Authority, within one (1) year from the time the development is
available for occupancy or the commencement of operation of the proposed
development.
(4)
The Development Authority may require, as a condition of the approval of a
development permit, the preparation and implementation of a landscaping plan
(5)
Landscaping plans shall include the following information which adheres to the
following standards:
(a)
the final grading of the area and the placing and spreading of topsoil. In
particular:
(i)
the cross slope across boulevards shall be a minimum of two percent
(2%), and
(ii)
all areas to be landscaped shall be graded to drain to the road, into
catch basins, or into adjacent drainage easements. Under no
circumstances shall an area be designed, built, or landscaped to
drain from public property onto private property, or from private
property onto adjacent private property without appropriate
easements.
(b)
all physical features, both existing and proposed, including: shrubs and trees
identified by their common name, their botanical name, and their size;
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grassed areas; flower beds; berms showing contours; walls; fences; outdoor
furniture; surface utilities; water features; and decorative paving; and
(c)
playground equipment and public seating areas if the area forms part of a
communal amenity area.
(6)
Unless otherwise specified, plant material required in a landscape plan must meet the
following landscaping standards:
(a)
the plant material must be hardy to the municipality and the proposed site. The
Horticultural Standards of the Canadian Nursery Trades Association may be
used as a reference guide in selecting plants);
(b)
the proportion of deciduous to coniferous trees shall be approximately 60:40,
unless the landscaping plan is prepared by a professional landscape architect;
(c)
deciduous trees must have a minimum calliper width of 5.0 cm (1.9 in.)
measured 10.0 cm (3.9 in.) above the root ball;
(d)
coniferous trees must be a minimum height of 2.0 m (6.6 ft.) at the time of
planting: and
(e)
shrub material, if deciduous, must have a minimum height of 60.0 cm (23.6
in.) when planted and, if coniferous, must have a minimum spread of 40.0 cm
(15.7 in.) when planted.
(7)
Where trees are required within a parking lot, they shall be provided in a ratio of one
(1) tree per five (5) parking spaces (single row parking) or one (1) tree per ten (10)
parking spaces (double row parking), and planted in landscaped islands.
(8)
Landscaped islands must be:
(a)
designed to protect all plant material from damage,
(b)
raised at least 15.0 cm (5.9 in.) above finished grade, and
(c)
finished with tree grates, ground cover vegetation, and/or hard landscaping.
(9)
Landscaping must be consistent with the approved tree species list as established by
Council.
(10)
Tree species not currently on the municipality's Town's approved tree species list may
be allowed at the discretion of the Development Authority.
(11)
Landscaping must be located so that it will not have a negative impact on above or
below ground utilities.
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(12)
The Development Authority may impose conditions requiring the retention or removal
of trees, as well as additional tree planting.
(13)
The areas to be landscaped shall include all boulevards, buffer strips, drainage
easements, retention and detention ponds, walkways, and playgrounds.
(14)
Trees shall be planted on all buffers unless otherwise specified by the Development
Authority.
(15)
Buffers may include vegetation screens, distance separation, or a combination of these
or any such suitable interposing features as the Development Authority may require.
(16)
The developer shall be responsible for proper maintenance of the landscaping on
public lands associated with the development. If plant material does not survive a
two (2) year maintenance period, commencing when the Development Authority
determines that the landscaping has been completed in accordance with approved
plans, it must be replaced with plant material of similar type and size, at no cost to
the municipality.
(17)
All development in proximity to highways shall be screened, landscaped and buffered
to the satisfaction of the Development Authority.
(18)
When a commercial or industrial use is proposed adjacent to a Residential District, a
landscaped buffer shall be provided and maintained on the site of the commercial or
industrial land user between the commercial or industrial use and the Residential
District. The buffer may be comprised of any or all of the following: landscaped green
space, closed or open fencing, trees, and/or earth berming. All details of the buffer,
including its size, width, and components, shall be to the satisfaction of the
Development Authority.
(19)
A garbage collection area, an open storage area, or an outdoor service area which is
visible from an abutting site in a residential district, or from a public roadway other
than a lane, shall be fenced or have a screen planting. The location, length, thickness
and height of such fence or screen planting shall be in accordance with the landscaping
plan as approved by the Development Authority. Such fence or screen planting shall
be maintained to provide effective screening from the ground to a height of 1.8 m (6
ft.).
(20)
A minimum of 10% of the lot area of all apartment, row housing, and/or
commercial developments shall be landscaped to the satisfaction of the
Development Authority.
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8.32 Manufactured or Mobile Homes
(1)
Manufactured or mobile homes shall not be allowed to be placed within the
municipality.
8.33 Motels
(1)
Minimum Lot Area per Rentable Unit:
(a)
One Storey - 139.4 sq. m (1500 sq. ft.)
(b)
Two Storeys - 92.9 sq. m (1000 sq. ft.)
(2)
Minimum Floor Area per Rentable Unit - 26.5 sq. m (285 sq. ft.)
(3)
Minimum Yards:
(a)
Front - 7.62 m (25.0 ft.)
(b)
Side - 3.05 m (10.0 ft.)
(c)
Rear - 3.05 m (10.0 ft.)
(4)
Space Between Buildings
Except in the case of rentable units and any other buildings where connected by a
continuous roof to form a shelter for motor vehicles, not less than 3.66 m (12.0 ft.)
of clear and unoccupied space shall be provided between each rentable unit and any
other building on the lot.
(5)
Entrances and Exits
Not more than two accesses for vehicles to a road, each of a minimum width of 7.62
m (25.0 ft.), shall be permitted, provided however, that one (1) combined motor
vehicle entrance and exit may be permitted, not less than 9.14 m (30.0 ft.) in width.
(6)
The owner, tenant, operator or person in charge of a motel shall at all times:
(a)
maintain the lot and the buildings, structures and improvements thereon in
a clean, neat, tidy and attractive condition and free from all rubbish and
debris;
(b)
maintain garbage facilities to the satisfaction of the Development Authority;
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(c)
maintain an appropriate fence, where required by the Development
Authority, not less than 5.0 ft. in height, around the boundaries of the lot;
and
(d)
landscape and maintain landscaping to the satisfaction of the Development
Authority.
8.34 Moved-In Buildings
(1)
The movement of any building onto a lot, whether permanently or for a specific period
of time, and whether or not the building is portable or can easily be removed from the
lot, shall require an approved development permit.
(2)
The Development Authority may require the applicant to provide an acceptable security
equal to the estimated amount of repairs, to ensure completion of any renovations set
out as a condition of approval of a permit.
8.35 Multiple Dwelling Developments
(1)
Before any application for development of row housing or an apartment can be
considered, the applicant must submit to the Development Authority, in addition to
those requirements of Section 4.1(3) of this Bylaw:
(a)
Design plans and working drawings, including elevations; and
(b)
Site plans showing the proposed
(i)
Location and position of structures on the lot, including any signs;
(ii)
Location and number of parking spaces, exits, entries, and drives;
(iii)
Location of an access to garbage storage areas; and
(iv)
Landscape plan of the entire site which shall also show intended
fencing and surfacing for drives and parking areas.
(2)
The aforementioned plans will append the application. If the development permit is
approved, the plans shall be deemed conditions of approval.
(3)
The relationship of buildings to each other and to the landscape, in particular such
matters as architectural appearance, the provision of light, air, privacy, and
landscaping, shall be shown upon the site plans, and said relationships shall be to
the satisfaction of the Development Authority.
8.36 Municipal Services, Sanitary Facilities & Road
Availability
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(1)
A development permit shall not be valid for a proposed use without the necessary
approvals respecting the proposed type of sanitary facilities required by Provincial
regulation.
(2)
A development permit shall not be issued for residential, recreational, commercial
or industrial uses unless the Development Authority is satisfied that water supplies
of sufficient quality and quantity are available to support existing and proposed
development.
(3)
No development shall take place and no development permit shall be approved
unless the lot on which the development is to take place has direct access to a
developed, all-weather road constructed to municipal standards or better.
Alternatively, the Development Authority may establish as a condition of approval
that an all-weather road be constructed by the developer/landowner to municipal
standards or better from the nearest such road to the lot.
8.37 Neighbourhood Commercial Developments
(1)
Neighbourhood commercial developments located entirely within a standalone
building or located within a building that also contains residential use may be
allowed to locate in the R-1, R-1a,R-2, and R-3 Districts provided the development
meets all of the other regulations of this Bylaw and, further, that the development:
(a)
does not include as part of its operation a gas bar or vehicular servicing
component, and/or
(b)
is situated on a corner lot with safe access to a collector road.
(2)
The façade of a structure containing a commercial or mixed-used building, such as
a corner store, building containing a neighbourhood commercial development that
is located in a Residential District Area must be integrated with the surrounding
residential area.
(3)
The height of a mixed use commercial/residential building containing a
neighbourhood commercial development in a Residential District may not exceed
twice the height and massing of the adjacent buildings.
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Figure 23: Example of a Neighbourhood Commercial Building
8.38 Objects Prohibited or Restricted in Yards
(1)
No person shall keep or permit in any Residential District
(a)
any excavation, storage or piling up of materials in a manner unacceptable
to the Development Authority,
(b)
any commercial vehicle in excess of 1 tonne, or
(c)
more than one (1) unlicensed vehicle for more than fourteen (14) days.
(d)
any object, chattel, or other use of land which, in the opinion of the
Development Authority is unsightly or tends to adversely affect the
amenities of the district. This includes dismantled or wrecked motor
vehicles, and any excavation, stockpiling or storage of materials,
explosives, flammable liquids, diesel fuel, propane and gasoline products.
(2)
In addition, no person shall keep or permit in any part of any yard in any Residential
District any more than one (1) vehicle, loaded or unloaded, of a gross vehicle
weight in excess of 4,800.0 kg (10,560 lbs) for longer than is reasonably necessary
to load or unload the vehicle.
(3)
No person shall keep or permit in a yard adjacent to a dwelling, either:
(a)
a propane tank that is larger than 68.2 kg (150 lbs.);
(b)
more than four (4) propane tanks; or
(c)
any number of propane tanks with a total capacity which exceeds 68.2 kg
(150 lbs.);
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without first obtaining a development permit.
(4)
Notwithstanding Subsection (3) above, on lots in a Residential District which are:
(a)
greater than 1.2 ha (3 ac.) in area; and
(b)
where the proponent can prove to the satisfaction of the Development
Authority that the location and use of the propane tanks meets acceptable
fire code and safety standards;
The Development Authority may, at its sole discretion, allow more than four (4)
propane tanks or any number of propane tanks with a capacity which exceeds 91.0
kg (200 lbs.) to be located on a lot.
(5)
Notwithstanding Subsection (3) above, in Commercial Districts, where the
applicant for a development permit can prove to the satisfaction of the Development
Authority that the location and use of the proposed propane tanks meets acceptable
fire code and safety standards as well as emergency response requirements, the
Development Authority may, at its sole discretion, allow more than four (4)
propane tanks or any number of propane tanks with a total capacity which exceeds
91.0 kg (200 lbs.) to be located either:
(a)
within an individual lot; or
(b)
within each recreational vehicle stall located in an approved
campground/recreational trailer park.
(6)
All development permit applications to allow more than four (4) propane tanks, or
any number of propane tanks with a total capacity which exceeds 91.0 kg (200 lbs.),
to be located within individual stalls, in approved campground or recreational
vehicle park, will be required to include an Emergency Response Plan, prepared by
the developer, at no cost to the municipality. The Emergency Response Plan will
be circulated to the municipality's Fire Department for approval prior to issuance
of a development permit.
(7)
Development permits issued for more than four (4) propane tanks or any number
of propane tanks with a total capacity which exceeds 91.0 kg (200 lbs.) will only
be granted for a period of one year. New development permit applications must be
submitted annually if the proponent wishes to extend the development period.
8.39 Off-Street Loading
(1)
When required by the Development Authority, loading spaces shall:
(a)
have dimensions of not less than 4.0 m (13.1 ft.) in width, 8.0 m (26.2 ft.)
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in length and 4.3 m (14.1 ft.) in clearance above grade;
(b)
provide vehicular ingress to, and egress from, a road or lane such that no
backing or turning movements of vehicles going to or from the site cause
interference with traffic in nearby roads or lanes;
(c)
be sited at an elevation or elevations convenient to a major floor level in
building or to a utility elevator serving each major floor level;
(d)
be so graded and drained as to dispose of all storm water runoff. Drainage
shall only be allowed to cross lot lines or sidewalks if approved by the
Development Authority;
(e)
be paved or hard-surfaced where an off-street parking facility is required;
and
(f)
have adequate lighting to the satisfaction of the Development Authority.
(2)
Number of Off-Street Loading Spaces
The number of loading spaces required to be provided in a development shall be as
follows:
(a)
For a retail, industrial, warehouse, or similar development
(i)
of less than 1000 sq. m (10,764 sq. ft.) of gross floor area, one (1)
space,
(ii)
of between 1000 sq. m (10,764 sq. ft.) and 2000 sq. m (21,529 sq.
ft.) of gross floor area, two (2) spaces, and
(iii)
of over 2000 sq. m (21,529 sq. ft.), two (2) spaces plus one (1) for
each additional 2000 sq. m (21,529 sq. ft.) of gross floor area or
fraction thereof.
(b)
For an office building, place of public assembly, public convalescent home,
institution, club or lodge, public utility, school or any similar use
(i)
of less than 3000 sq. m (32,293 sq. ft.) of gross area, one (1) space,
and
(ii)
of over 3000 sq. m (32,293 sq. ft.), one (1) space plus one (1) for
each additional 3000 sq. m (32,293 sq. ft.) of gross floor area or
fraction thereof.
(1)
For an apartment building:
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(a)
One (1) stall per thirty (30) dwelling units
(2)
The Development Authority may require, at their discretion, that any other building
or use shall have one or more off-street loading spaces.
8.40 Off-Street Parking
(1)
Parking stalls and loading spaces shall be clearly marked in any parking facility.
Such marking shall be regularly maintained to ensure legibility to users.
(2)
All off-street parking facilities shall be located at least 1.0 m (3.3 ft.) from roads or
lanes, or a greater distance at the discretion of the Development Authority.
(3)
All off-street parking facilities shall be so constructed that:
(a)
necessary curb cuts are located and flared to the satisfaction of the
Development Authority;
(b)
every off-street parking area and the access thereto is hard-surfaced, paved,
or of a gravel mixture approved by the Development Authority;
(c)
parking facilities used at night have adequate lighting of the entire parking
facility. Such lighting shall be directed away from adjacent residential
properties and other properties where in the opinion of the Development
Authority it would have adverse effects; and
(d)
grades and drainage shall dispose of surface water. In no case shall surface
drainage cross any sidewalk or lot line without the approval of Development
Authority.
(4)
The minimum dimension of maneuvering aisles and parking spaces shall be in
accordance with Table 1.
(5)
Where the side of a parking space is against any permanent building or structure
greater than 0.2 m (8 inches) in height at any point in the front 3.6 m (11.8 ft.) of
the space (measured in the center perpendicular to the front of the space), the
minimum width of a space shall be 0.3m (1.0 ft.) wider than the width required by
the Table.
(6)
An off-street parking area or accessory off-street parking area:
(a)
shall not be located within 1 m (3.25 ft.) of a lot line;
(b)
shall be constructed so that adequate access to and exit from each parking
space is to be provided at all times by means of maneuvering aisles;
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(c)
shall have necessary access located and constructed to the satisfaction of the
Development Authority; and
(d)
shall be adequately signed so as to direct access to it.
(7)
Dimensions
(a)
All parking areas shall conform to the following requirements:
TABLE 1
Minimum Parking Standards
Parking
Angle in
Degrees
Width of
Space
Depth of
Space
Perpendicular
to
Maneuvering
Aisle
Width of
Space
Parallel to
Maneuvering
Aisle
Overall
Depth
Width of
Maneuvering
Aisle (one-
way)
Width of
Maneuvering
Aisle (two-
way)
a
b
c
d
e
f
0
3.0 m
(9.84 ft.)
3.0 m
(9.84 ft.)
7.0 m
(22.97 ft.)
9.1 m
(29.86 ft.)
3.6 m
(11.81 ft.)
6.7 m
(21.98 ft.)
30
3.0 m
(9.84 ft.)
5.2 m
(17.06 ft.)
5.5 m
(45.87 ft.)
14.0 m
(45.93 ft.)
3.6 m
(11.81 ft.)
7.3 m
(23.95 ft.)
45
3.0 m
(9.84 ft.)
5.8 m
(19.03 ft.)
4.0 m
(13.12 ft.)
15.2 m
(49.87 ft.)
3.6 m
(11.81 ft.)
6.7 m
(21.98 ft.)
60
3.0 m
(9.84 ft.)
6.1 m
(20.01 ft.)
3.1 m
(10.17 ft.)
18.2 m
(59.71 ft.)
6.0 m
(19.69 ft.)
7.3 m
(23.95 ft.)
90
3.0 m
(9.84 ft.)
6.1 m
(20.01 ft.)
3.0 m
(9.84 ft.)
19.5 m
(63.98 ft.)
7.3 m
(23.95 ft.)
7.3 m
(23.95 ft.)
(See following diagram for definitions of column headings)
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Figure 24: Parking Lot Layout
(b)
Within the M1 District, the Development Authority may require some
parking spaces provided to be a minimum width of 3.0 m (10 ft.) and a
minimum depth of 20 m (65.5 ft.), specifically designed for large trucks.
Maneuvering aisles and accesses will be sized appropriately to permit
vehicular access to these spaces.
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Figure 25: Off Street Parking Requirements
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(8)
Surfacing and Drainage
(a)
Every off-street parking space provided, and the access thereto, shall be
hard surfaced if the access is from a street or lane which is hard surfaced;
parking areas must be paved or of gravel mixture as approved by the
Development Authority.
(b)
Each parking area shall be so graded and drained as to dispose of all storm
water runoff. In no case shall drainage be allowed to cross a sidewalk unless
allowed otherwise by the Development Authority.
(9)
Required Number of Off-Street Parking Spaces
The minimum number of off-street parking spaces required for each building or use
shall be as in the following table. In the case of use not specifically mentioned, the
required number of off-street parking spaces shall be the same as for a similar use
as determined by the Development Authority. Where a development falls within
more than one class, the required number of spaces shall be the sum of the
requirements for each of the development classes.
USE OF BUILDING OR SITE
MINIMUM NUMBER OF PARKING SPACES
RESIDENTIAL USES
Apartments
dwelling units with 1 or fewer bedrooms
1.7 per dwelling unit
dwelling units with 2 bedrooms
2 per dwelling unit
dwelling units with 3 or more bedrooms
2 per dwelling unit
Visitor parking
1 per 7 dwelling units
Seniors' apartments
2 per 3 dwelling units
Boarding and lodging houses
1 per sleeping unit in addition to the parking
requirements for the primary dwelling
Senior citizens' homes
1.5 per 3 dwelling units
Secondary suites, garage suites and in-law suites
1 per dwelling unit
All other dwellings (single family, duplex, row
housing)
2 per dwelling unit
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COMMERCIAL USES
Office uses and government services
1 per 40.0 sq. m (430.0 sq. ft.) of gross leasable area
Health services
1 per 30.0 sq. m (325.0 sq. ft.) of gross leasable area
or 3 for each full time or part-time professional
whichever is greater
Eating and drinking establishments
Eating
and
drinking
establishments
(except those as noted below)l
1 per 4 seating spaces or 1 per 3 employees,
whichever is greater
Restaurants
1 per 13.0 sq. m (140.0 sq. ft.) of gross leasable area
plus 1 per 3 employees on maximum shift
Nightclubs
1 per 13.0 sq. m (140.0 sq. ft.) of gross leasable area
plus 1 per 3 employees on maximum shift
Bars and neighbourhood pubs
1 per 13.0 sq. m (140.0 sq. ft.) of gross leasable area
plus 1 per 3 employees on maximum shift
Drive-in restaurants
1 per 3.0 sq. m (32.3 sq. ft.) of gross leasable area
or 1 per 5 seating spaces, whichever is greater
Other drive-in businesses
8
Hotels and motels
1 per rentable unit plus 1 per 3 employees on
maximum shift
Workcamps
1 per rentable unit plus 1 per 3 employees on
maximum shift
Bed and breakfast establishments
1 per sleeping unit in addition to the parking
requirements for the primary dwelling
Major home occupations
1 in addition to the requirements for the residential
use
All other commercial uses
Less than 4,500 sq. m (48,437.5 sq. ft.) of
gross leasable area
2.5 per 100.0 sq. m (1,076.4 sq. ft.) of floor area
4,500 sq. m (48,437.5 sq. ft.) to 9,000 sq.
m (96,872.2 sq. ft.) of gross leasable area
3 per 100.0 sq. m (1,076.4 sq. ft.) of floor area
9,000 sq. m (96,872.2 sq. ft.) to 28,000 sq.
m (301,386.5 sq. ft.) of gross
3.5 per 100.0 sq. m (1,076.4 sq. ft.) of floor area
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leasable area
Greater than 28,000 sq. m (301,386.5 sq.
ft.) of gross leasable area
4 per 100.0 sq. m (1,076.4 sq. ft.) of floor area
PLACES OF PUBLIC ASSEMBLY
Auditoriums, halls, clubs, theatres and other
recreation places
1 per 5 seats
Places of worship
1 per 4 seats
Spectacular entertainment establishments
1 per 5 seats
Spectacular sports establishments
1 per 5 seats
Outdoor amusement establishments and
recreational uses
1 per 3 employees plus the requirements for any
accessory uses plus any additional requirements at
the discretion of the Development Authority
Golf courses
8 per hole plus 1 per 3 employees plus the
requirements for any accessory uses
Indoor amusement establishments
1 per 5 seats
Bowling alleys
4 per lane plus the requirements for accessory uses
Curling rinks
8 per sheet plus the requirements for accessory
uses
Health and fitness clubs
1 per 10.0 sq. m (107.6 sq. ft.) of floor area
Hockey rinks and swimming pools
1 per 5 seats
Racket sports facilities
2 per court plus the requirements for accessory uses
SCHOOLS
Elementary and junior high schools
1 per school employee during regular school hours
plus 8
High schools
4 per 10 students
Commercial schools
1 per on-site student
INDUSTRIAL USES
All industrial uses
1 per employee on maximum shift
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HOSPITALS AND SIMILAR USES
Health Centres and Hospitals,
1 per 100.0 sq. m (1,076.4 sq. ft.) of gross floor area
or 1 per 4 beds, whichever is greater, plus 1 per 2
employees on maximum shift
Extended medical treatment (sanatoriums,
convalescent homes, senior citizen lodges,
group care facilities, etc.)
1.5 per 3 dwelling units plus 1 per employee on
maximum shift
Nursing homes/Long term care facilities
1 per 3 beds plus 1 per employee on maximum shift
Auxiliary hospitals
1 per 3 beds plus 1 per employee maximum shift
(10)
No development shall occur unless provision is made for the required number of
parking spaces in accordance with this Bylaw. Notwithstanding this, the
Development Authority may waive this requirement in the case of any buildings
existing at the date of the approval of this Bylaw if, in his opinion,
(a)
space for parking is not available on site, and if adequate parking is
available on other sites or on the roads in the area of the development, or
(b)
parking requirements can be shared between various uses in the area of the
development, and agreements respecting such shared use are entered into
and registered on the titles of the affected lots, or
(c)
parking requirements may overlap because of differing times during the
day, week or year that parking requirements would normally be used.
8.41
On-Site Sewage Disposal & Water Supply
Services
(1)
No development permit shall be issued for a development to be served by private
sewage disposal or water supply systems until the systems have first been approved
in accordance with appropriate Provincial legislation or regulations.
8.42 Pet Shops, Kennels, Veterinary Clinics or
Hospitals & Animal Grooming Businesses
(1)
These uses shall strictly satisfy Section 8.46 of this Bylaw. Pens, rooms and runs
shall be adequately soundproofed.
(2)
Facilities which house animals overnight shall be equipped with an adequate
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number of indoor exercise runs relative to the maximum number of animals than
can be housed.
(3)
A separate air extractor system shall be provided in the animal holding area where
heating and air conditioning is shared with other businesses
8.43 Places of Worship
(1)
The lot on which a place of worship is situated shall have a frontage of not less than
30.0 m (98.4 ft.) and an area of not less than 900 sq. m (9688 sq. ft.) except in the
case where a building for a clergyman's residence is to be erected on the same lot.
The combined area of the lot in this case shall not be less than 1440 sq. m (15,500
sq. ft.).
(2)
Minimum front, side and rear yards shall be those required within the District in
which the place of worship except where the height restriction of the District is
exceeded. In such cases, the yard setback requirements shall be at the discretion of
the Development Authority.
8.44 Private Swimming Pools and Hot Tubs
(1)
Notwithstanding any other provision of this Bylaw to the contrary, a development
permit is required prior to the commencement of the installation or construction of
a private swimming pool or hot tub.
(2)
Private swimming pools and hot tubs shall not be located within any required
minimum front yard.
(3)
Every private swimming pool or hot tub shall be secured against entry by the public
other than owners, tenants, or their guests.
(4)
No private swimming pool or hot tub may be constructed except within an enclosed
building unless it is entirely fenced, except that a wall of a building may be
considered to replace any part of the required fence provided that the wall is a
minimum of 1.8 m (5.9 ft.) in height for the length that it replaces the fence.
(5)
Every fence enclosing a private swimming pool or a hot tub constructed outside of
an enclosed building shall be 1.8 m (5.9 ft.) in height or, at the discretion of the
Development Authority, higher, and shall be of appropriate design to limit the
ability of persons to use the fence parts to climb the fence or to crawl through or
under the fence. Gates shall be equipped with a self-latching device and a lock
mechanism located on the inside of the gate.
(6)
No barbed wire or electrification of any part of a fence or gate enclosing a
swimming pool or hot tub shall be allowed.
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8.45 Projections Into Yards
(1)
Except as provided in this part, and except for fences as noted in Sections 8.1 and 8.21
of this Bylaw, no portion of a building shall be located or project into a required yard.
(2)
The following features may project into a required yard:
(a)
steps, eaves, gutters, sills, and chimneys, or other similar projections, with
the amount of the projection to be as allowed by the Development
Authority;
(b)
bay windows, fireplaces chases, cantilevered sections of walls, etc.,
provided that the projection does not exceed 0.6 m (2 ft.);
(c)
patios, but not into a required minimum front yard;
(d)
canopies over entrances to buildings, provided such projections are
cantilevered and do not exceed 1.0 m (3.3 ft.);
(e)
exterior balconies on apartments provided that:
(i)
they are cantilevered and not enclosed, and designed as an integral
part of the building, and
(ii)
they do not project more than 1.98 m (6.5 ft.) into the front yard; and
(f)
any other features which, in the opinion of the Development Authority, are
similar to the foregoing.
8.46 Protection From Exposure Hazards
(1)
The location of any liquefied petroleum gas (LPG) storage tank with a water
capacity exceeding 9080 1 (2000 gal.) shall be in accordance with the requirement
of the Development Officer, but in no case be less than a minimum distance of 228
m (748 ft.) from assembly, institutional, mercantile or residential buildings. Nor
shall a storage tank be placed within a minimum of 38 m (124.5 ft.) of the centre
line of a grid road, 41 m (134.5 ft.) from the right-of-way of a minor two-lane
highway or 70 m (230 ft.) from the right-of-way of a major two-lane highway.
(2)
LPG containers with a water capacity of less than 9080 l (2000 gal.) shall be located
in accordance with regulations under the Alberta Safety Codes Act.
(3)
Flammable liquids storage tanks at bulk plants or service stations shall be located
in accordance with regulations under the Alberta Safety Codes Act.
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(4)
Setbacks from pipelines and other utility corridors shall be at the discretion of the
Development Authority and be in accordance with the appropriate provincial
regulations or acts, but in no case be less than a minimum distance of 30 m (98.4
ft.) for institutional, commercial, or residential buildings.
(5)
The location of the storage tank shall be completely enclosed by a security fence
having a minimum height of 1.8 m (6 ft.).
(6)
Dangerous Goods warning signs of an appropriate nature shall be clearly visible at
the site. Signs shall be attached to the fence and to the storage tanks.
(7)
No tanks for the storage of anhydrous ammonia shall be allowed within the
municipality.
(8)
In any District, no storage or activity may be undertaken which, in the opinion of
the Development Authority, constitutes a danger or annoyance to persons on the
site, on public property, or on any other sites by reason of the generation of:
noise
radiation hazard
vibration
fire and explosive hazards
dust, and other
heat, humidity and glare
particulate matter
smoke
refuse matter
odour
waste or waterborne waste
toxic and noxious matter
water or steam.
8.47 Recreational Uses
(1)
Recreational development shall be required to:
(a)
maintain an open space buffer of sufficient size and composition to act as a
visual and noise barrier from adjacent uses which may be incompatible; and
(b)
install, when necessary, adequate on-site water supply and sewage disposal
systems which have been approved by the authority having jurisdiction.
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8.48 Recreational Vehicles
(1)
Notwithstanding any other provision of this Bylaw to the contrary, no person may
occupy a recreational vehicle on any lot unless a development permit has been
received for the placement and use of the recreational vehicle.
(a)
If the intention is to rent the recreational vehicle for any consideration
(whether for money or for goods or service in kind), a development permit
for a recreational vehicle park must be approved. Such a permit may only
be approved in Districts where recreational vehicle parks are listed as a
permitted or a discretionary use.
(b)
If the intention is to have the recreational vehicle occupied by person or
persons, but not have any arrangement for any consideration as described
in Subsection (a) above, a development permit for the placement of the
recreational vehicle as an accessory building and use must be approved.
Such a permit may only be approved in Districts where residential uses are
listed as a permitted or a discretionary use, and may only be approved for a
period of time, which period shall not exceed six (6) months. In addition,
no more than one (1) recreational vehicle used for such a purpose shall be
allowed on any lot, and the placement of the recreational vehicle shall abide
by all requirements for accessory buildings on the subject lot.
(c)
If the intention is to store an unoccupied recreational vehicle, unless a
development permit has been issued for Outdoor Storage which includes
recreational vehicles, no more than one (1) recreational vehicle shall be
allowed on any lot. No development permit shall be required for the storage
of one (1) unoccupied recreational vehicle on a lot.
(2)
No recreational vehicle, whether located within a recreational vehicle park or on a
lot, may have associated with it any more than two (2) accessory structures,
buildings, or other appurtenances, in addition to fences, benches, fire pits, picnic
tables, a small shed with a maximum size of 10 sq. m (107.6 sq. ft.), and a screened
or roofed patio around or beside the recreational vehicle.
(3)
No structure accessory to a recreational vehicle shall be used as sleeping quarters.
(4)
Except for a recreational vehicle on a lot which may have an appurtenant garage
for the storage of vehicles or boats, the total floor area or ground area covered by
all accessory structures, buildings or other appurtenances (other than those
indicated in Subsection (2) above) shall not exceed the total floor area of the
recreational vehicle.
(5)
The storage of recreational vehicles will not be allowed on a vacant lot.
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8.49 Recreational Vehicle Campgrounds
(1)
The construction and maintenance of all internal roads are to be the responsibility
of the landowner/developer. Internal roads shall have a minimum of a 6 m (20 ft.)
usable top, except for one-way roads, which shall have a minimum of a 3.65 m (12
ft.) usable top.
(2)
Recreational vehicle or camping spaces shall have a minimum of 13.5 m (49 ft.)
width and a minimum of 273 sq. m (2938.5 sq. ft.) area. All such spaces shall be
set back a minimum of 30 m (98.4 ft.) from the shoreline of any body of water.
(3)
The developer shall provide an adequate on-site water supply.
(4)
As a condition of approval, the Development Authority shall require the developer
to obtain any necessary permits and approvals from all regulatory authorities and
agencies having jurisdiction over the type of development.
(5)
The development agreement may require the developer to construct, upgrade, or
pay to construct or upgrade the necessary Town roads to access the development.
(6)
The developer shall designate an area equivalent to ten percent (10%) of the total
recreational vehicle park area as a playground. This area is to be clearly marked
and free from all traffic hazards.
8.50 Relocation of Buildings Other Than Manufactured
Homes
(1)
No person shall alter the location on a lot of a building already constructed on that
lot, unless a development permit has been issued.
(2)
No person shall place on a lot of land within the municipality a building formerly
erected or placed on a different lot, including portable pre-fabricated buildings,
without an approved development permit.
(3)
Any application for a "relocated building" considered by the Development
Authority shall:
(a)
be accompanied by recent colour photographs of the structure; and
(b)
indicate if the building will meet current requirements of the Alberta
Building Code (ABC), and if it does not, how the building will be brought
up to these requirements; and
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(c)
meet all other requirements or conditions as required by the Development
Authority.
(4)
The Development Authority may, at his/her discretion, require, prior to the approval
of a development permit for a relocated building, that an inspection of the proposed
relocated building be completed by the Development Authority or a designated
officer to determine its suitability for relocation within the Town.
8.51 Sea Cans
(1)
Sea cans must be well-maintained and in good condition, or alternatively, must be
adequately buffered to the satisfaction of the Development Authority. The
Development Authority may require that a sea can be given a fresh coat of paint as
a condition of the issuance of a development permit.
(2)
A maximum of one (1) sea can may be allowed, at the discretion of the
Development Authority, for a temporary period not exceeding six (6) months
during the construction of the primary dwelling on a lot.
(3)
The maximum number of sea cans that may be placed on a lot in the C1, C2, C3,
M1 and UR District is at the discretion of the Development Authority.
(4)
The placement of a sea can on any lot in the municipality requires a development
permit.
(5)
If a temporary development permit for a sea can has been approved by the
Development Authority, then the sea can will be allowed to be placed on a site for
a period of 6 months. After that period has expired the developer will be required
to apply to the Town for an extension for the permit. Extensions may be issued for
up to six (6) month intervals at the discretion of the Development Authority.
(6)
Sea cans may not be stacked. The maximum height for a sea can allowed on a lot
is 3.0 m (10.0 ft).
(7)
Sea cans located in a Residential District may be a maximum of 6.0 m (20.0 ft.) in
length.
(8)
The exterior finish of a sea can sited within a Commercial or Residential District
must be consistent with the finish of the primary building.
(9)
Sea cans shall not be used as a dwelling, bunk house or a guest house on any lot
within the municipality.
(10)
No human or animal habitation will be allowed within a sea can.
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8.52 Secondary Suites
(1)
A secondary suite shall be restricted to a site occupied by a single detached dwelling
or a duplex.
(2)
A secondary suite is prohibited from being constructed within a row housing or
apartment building development.
(3)
A maximum of one (1) secondary suite is permitted in any single detached dwelling,
duplex lot or semi-detached lot.
(4)
A secondary suite shall remain accessory to and subordinate to the principal
dwelling and shall not exceed 80.0 sq. m (860.0 sq. ft.) in floor area.
(5)
Shared mechanical rooms and common areas shall be excluded from the floor area
calculation of the secondary suite.
(6)
A secondary suite includes, but not limited to, a food preparation area,
counter/cupboard space, sink, refrigerator, stove or provision of 220 volt wiring and
toilet with bathing facilities.
(7)
A secondary suite has an entrance separate from the entrance to the principal
dwelling, either from a common indoor landing or directly from the exterior of the
building.
(8)
A secondary suite may include the conversion of a portion of existing space in the
principal dwelling, the addition of new floor space to an existing dwelling.
(9)
The minimum lot size for a secondary suite is 360.0 sq. m (3,875.0 sq. ft.).
(10)
The minimum lot width requirement for secondary suites is 12.2 m (40.0 ft.).
(11)
The minimum floor area for a secondary suite is 30.0 sq. m (322.9 sq. ft.).
(12)
A secondary suite cannot exceed the maximum height of the principal dwelling.
(13)
Prior to development permit approval, the developer must submit, along with an
application for a development permit, a parking plan that indicates the location and
size of the onsite parking spaces.
(14)
One on-site parking stall shall be provided for the secondary suite, in addition to
the parking requirements for the principal dwelling pursuant to Section 8.40 of this
Bylaw. Tandem parking may be permitted at the discretion of the Development
Authority.
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8.53 Service Stations & Gas Bars
(1)
Service stations and gas bars shall be located in such a manner that:
(a)
No entrance or exit thereto for motor vehicles shall be within 60 m (197 ft.)
of an entrance to or exit from firehall, public or private school, playground,
library, religious assembly, hospital, children's or senior citizen's home, or
other public or quasi-public use;
(b)
No part of a service station or gas station building or of any pump or other
accessory shall be within 6 m (19.5 ft.) of a side or rear property line;
(c)
Service stations shall have a front yard of not less than 12 m (39.5 ft.) and
no fuel pump shall be located closer than 6.0 m (19.5 ft.) to the front
property line; and
(d)
Storage tanks shall be set back from adjacent buildings in accordance with
the Alberta Safety Codes Act and regulations made thereunder, and the
Alberta Fire Code.
(2)
Site Area and Coverage
(a)
The minimum site areas shall be 740 sq. m (7965.5 sq. ft.) and the maximum
building coverage shall be 25% of the site area. For service stations
including car wash, the minimum site area shall be 1115 sq. m (12,002 sq.
ft.).
(b)
Where a service station forms part of an auto dealership development, the
minimum site area and maximum building coverage may be varied at the
discretion of the Development Authority.
(3)
Site and Building Requirements
(a)
All parts of the site to which vehicles may have access shall be surfaced and
drained to the satisfaction of the Development Authority.
(b)
No activity may be carried on which constitutes an undue nuisance or
annoyance to persons occupying land in the immediate vicinity of the site,
by reason of dust, noise, gases, odour, smoke or vibration.
(c)
The site of the buildings shall be maintained in a clean and tidy condition
and free from all rubbish and debris.
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8.54 Signs
In addition to the other regulations of this Bylaw, the following additional regulations shall apply
to signs:
(1)
Limitations
(a)
Except as provided in Section 3.2 of this Bylaw, no person shall erect,
relocate or structurally alter or enlarge any sign, including an election sign,
unless they have complied with the requirements of this Section and any
other relevant provisions of this Bylaw, and have been issued a development
permit in respect thereof.
(b)
The Development Authority may issue a development permit for a sign as
part of the development permit for the use or the building to which the sign
pertains, provided the development permit application indicates that there
is to be a sign and provided further that all information requirements for a
development permit application for a sign are met to the satisfaction of the
Development Authority.
(c)
Provisions for election signs and property for sale or rent signs are provided
in Section 3.2 of this Bylaw.
(d)
No signs, billboards, advertising structure or signboards shall be erected on
or affixed to public property without the prior consent of the appropriate
public body.
(2)
Information Requirements for a Development Permit for a Sign
In addition to the requirements of Section 4.1 of this Bylaw, a development permit
application for a sign shall include the following information:
(a)
a letter of consent from the property owner,
(b)
two copies of colour drawings, drawn to scale, showing the sign, any
structural supports, and the dimensions, thickness, area, and colours, of the
sign,
(c)
any animation, moving copy, or other moving features of the sign, if
applicable,
(d)
method of illumination, if applicable,
(e)
mounting details,
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(f)
the location and size of all other existing and proposed signs on the building
façade or site,
(g)
mounting heights and clearances to grade, and
(h)
the amount of projection of the sign from a building, if any.
(3)
Additionally, the Development Authority may, at their sole discretion, require that
an applicant provide certification from a professional engineer that a roof sign, a
projecting sign, or a freestanding sign will be safe from collapse under strong wind
or storm conditions.
(4)
Signs as Permitted or Discretionary Uses
(a)
No sign, other than an off-site sign in the Districts indicated in Subsection
(b) below, or a sign which is otherwise exempted from the requirement of
obtaining a development permit as indicated in Section 3.2 of this Bylaw,
shall be allowed unless it is accessory to an existing use.
(b)
Notwithstanding any other provision of this Bylaw to the contrary, except
as otherwise indicated in this section, off-site signs shall be considered to
be discretionary developments in all Commercial Districts, in all Industrial
Districts, and in the Urban Reserve (UR) District.
(5)
Procedures for the Consideration of Development Permit Applications for Signs
All development permit applications for signs shall follow the process outlined in
Section 4 of this Bylaw and be subject to appeal if applicable in accordance with
Section 5 of this Bylaw.
(6)
General Sign Regulations
(a)
A sign shall not be erected, operated, used or maintained if, in the opinion
of the Development Authority:
(i)
its position, size, shape, colour, format or illumination obstructs the
view of, or may be confused with, an official traffic sign, signal or
device or other official sign, or otherwise poses a potential hazard
to traffic,
(ii)
it displays lights which may be mistaken for the flashing lights
customarily associated with danger or with those used by police,
fire, or other emergency vehicles, or
(iii)
it would be situated within the area regulated by Section 8.14 of this
Bylaw.
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(b)
A sign shall be integrated with the building on which it is to be located and
compatible with the general architectural lines and forms of the nearby
buildings or of adjoining developments.
(c)
Where possible, signs shall not cover architectural details such as arches,
sills, mouldings, cornices and transom windows.
(d)
A sign or sign structure shall be set back a minimum of 0.5 m (1.6 ft.) from
any property boundary and no part of a sign may encroach onto an adjacent
lot or a road or lane.
(e)
Except as otherwise specified in this Bylaw, the maximum area of any sign
shall be 18.0 sq. m (193.6 sq. ft.).
(f)
At the discretion of the Development Authority a maximum of five (5) signs
may be allowed on a lot, including temporary signs and portable signs.
(g)
Signs will not be allowed on fences in Residential Districts or Commercial
Districts.
(7)
Care and Maintenance of Signs
(a)
All signs shall be maintained in good and safe structural condition and shall
be periodically repainted.
(b)
Where the Development Authority determines that a sign is abandoned or
in an overall state of disrepair they may, by notice in writing to the owner
of the land on which the sign is located and, if it is indicated on the sign, the
owner or operator of the sign, order the owner of the land and the owner or
operator of the sign to:
(i)
remove the sign and all related structure components within what
the Development Authority deems to be a reasonable period of time,
or
(ii)
take such measures as they may specify in the notice to alter and/or
refurbish and/or repair the sign.
(c)
Failure to remove the sign or to comply with the measures specified in the
notice described in Subsection (b) above may result in the issuance of a
violation ticket as described in this Bylaw.
(d)
The notice described in Subsection (b) above shall be considered to be a
stop order for the purposes of this Bylaw.
(8)
Type of Signs
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(a)
A-Frame Signs
(i)
Notwithstanding any other provision of this Bylaw to the contrary,
A-frame signs shall be allowed only in Commercial Districts.
(ii)
The maximum area of each A-frame sign face which is located on a
sidewalk shall be 0.7 sq. m (7.5 sq. ft.). Figure 25 illustrates area and
height requirements for A-frame signs.
(iii)
The maximum area of each A-frame sign face located in another
location, approved by the development authority, shall be 1.5 sq. m
(16.0 sq. ft.). (See figure 25)
(iv)
The maximum height of an A-frame sign which is located on a
sidewalk shall be 1.0 m (3.3 ft.). (See figure 26).
(v)
No A-frame sign shall be located on a sidewalk in such a manner so
as to obstruct pedestrian flow. (See figure 25).
Figure 26: A-Frame Sign Requirements
(vi)
The maximum height of an A-frame sign placed in other locations
shall be 1.8 m (6 ft.), measured perpendicular distance from the
ground to the highest point of the sign when set up.
(vii)
No more than one (1) A-frame sign shall be allowed per business
frontage.
(viii) Where the back of an A-frame sign is visible, it shall be suitably
painted or otherwise covered to present a neat and clean appearance.
Angle iron shall not be open to public view unless finished in an
aesthetically pleasing manner to the satisfaction of the Development
Authority.
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(ix)
The area around an A-frame sign shall be kept clean. All vegetation
shall be cleared away to a distance of at least 1.5 m (4.9 ft.) around
the A-frame sign.
(x)
A-frame signs are not to be used in conjunction with projecting signs
at grade level.
(b)
Canopy Signs
Where a canopy is constructed solely as a support structure for a sign, the
following regulations shall be adhered to:
(i)
the maximum area of all canopy signs on one face of a canopy shall
not exceed 50% of the area of the face of the canopy,
(ii)
the bottom of the canopy shall be not less than 2.5 m (8.2 ft.) above
grade,
(iii)
no part of the canopy shall project over a road or lane,
(iv)
unless otherwise approved by the Development Authority, the
vertical dimension of the canopy shall not exceed 1.5 m (4.9 ft.),
(v)
signs suspended under a canopy shall have a vertical clearance of a
minimum of 2.5 m (8.2 ft.) from grade,
(vi)
each tenant of a building shall be allowed one (1) under-canopy sign
of no more than 0.5 sq. m (5.4 sq. ft.) in area, and
(vii)
all canopy signs shall be erected in such a manner that the structural
support elements are designed to appear as an integral part of the
overall sign design and concealed such that no angle iron bracing,
guy wires or similar support elements are visible from a road or lane.
(c)
Freestanding Signs
(i)
The sign area for a single or multi-faceted freestanding sign shall be
the average of the total area of all freestanding sign faces.
(ii)
One (1) freestanding sign per business frontage may be erected on a
site having a minimum business frontage of 15.0 m (49.2 ft.) at road
level.
(iii)
Notwithstanding Subsection (ii) above, a maximum of one (1)
freestanding sign may be allowed per site except:
A.
where a site has more than a 90.0 m (295.3 ft.) frontage, one
(1) additional freestanding sign may be erected at the
discretion of the Development Authority.
B.
where a site is considered by the Development Authority to
be a double fronting site, each frontage may have
freestanding signs providing that the freestanding signs are
at least 90.0 m (295.3 ft.) apart.
C.
Additional signs may be allowed at the discretion of the
Development Authority.
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(iv)
The total sign area of all freestanding signs on a site shall not exceed
0.3 sq. m (3.2 sq. ft.) in area for each lineal metre of frontage, to a
maximum of 8.4 sq. m (90 sq. ft.).
(v)
The maximum height of a freestanding sign shall be 7.0 m (23.0 ft.).
(vi)
Where a freestanding sign and a projecting sign are located along
the same frontage of a site, a minimum distance of 10.0 m (32.8 ft.)
shall be maintained between the signs.
(vii)
Any support structure for a freestanding sign shall be set back a
minimum of 0.3 m (1.0 ft.) from any site line and no part of the
freestanding sign itself shall encroach onto or overhang an adjacent
site, road or lane.
(d)
Portable Signs
(i)
Any support structure for a portable sign shall be set back a
minimum of 0.5 m (1.6 ft.) from any site line and no part of a
portable sign shall encroach onto or overhang an adjacent site, road
or lane.
(ii)
No more than one (1) portable sign shall be located on a site.
(iii)
Notwithstanding Subsection (ii) above, one (1) portable sign may be
allowed for each business in a multiple-occupancy development
provided that no portable sign is located closer than 15.0 m (49.2 ft.)
to another portable sign.
(iv)
All portable signs shall be double-faced.
(v)
No portable sign shall exceed a height of 2.5 m (8.2 ft.) above grade.
(vi)
Portable signs shall not be placed on a site so as to conflict with or
take up space for parking, loading, or walkways.
(vii)
Notwithstanding any other provision of this Bylaw to the contrary,
portable signs shall not be allowed in any Residential District.
(e)
Projecting Signs
(i)
No projecting sign shall project over another site, a road, or a lane.
(ii)
A projecting sign shall have a vertical clearance of a minimum of
3.05 m (10 ft.) from grade.
(iii)
No more than one (1) projecting sign of 0.5 sq. m (5.4 ft2 in size
shall be allowed for each frontage of a commercial or industrial use.
(iv)
All projecting signs shall be erected in such a manner that the
structural support elements are designed to appear as an integral part
of the overall sign design and concealed such that no angle iron
bracing, guy wires, or similar support elements are visible from a
road.
(f)
Roof Signs
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(i)
Roof signs must be manufactured and erected in such a way that
they appear as an architectural feature and they shall be finished in
such a manner that the visual appearance from all sides makes them
appear to be part of the building itself.
(ii)
No supporting structure for a roof sign shall be visible to the public
unless finished in an aesthetically pleasing manner to the
satisfaction of the Development Authority.
(iii)
All roof signs shall be set back a minimum of 1.0 m (3.3 ft.) from
the edge of the building on which the roof sign is located.
(g)
Fascia Signs
(i)
The portion of a wall which can be used for or which can be covered
by a wall sign on the front of a building shall be the space defined
by the following lower and upper limits:
A.
the lower limit of the portion shall be the lower limit of the
lintel or the window head of the first storey, but in no case
lower than 2.4 m (7.9 ft.) above grade,
Figure 27: Fascia Sign on a Single Storey Building
B.
in the case of a one storey building, the upper limit of the
portion shall be either:
1.
the roofline of a flat-roofed building, or, where there
is an existing majority of wall signs which exceed the
roofline, the upper limit of such existing wall signs,
or
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2.
a maximum of 0.8 m (31.5 inches) above the line of
the eaves, if there is a parapet wall, provided that the
sign does not project above the upper edge of the
parapet, or
Figure 28: Example of a Parapet Wall and Eaves
3.
the line of the eaves,
C.
in the case of a building that is not a one storey building, the
upper limit of the portion shall be the window sill of the
second storey or, in the absence of any windows on the
second storey, 0.8 m (31.5 inches) above the floor elevation
of the second storey.
Figure 29: Fascia Sign placement on a Two Storey Building
(ii)
Notwithstanding Subsection (i), a fascia sign may be located:
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A.
below the area defined in Subsection (a) above, provided:
1.
the sign consists of individual letters, symbols, or
logos that are directly attached to the building face,
2.
the sign states no more than the name of the building
or the principal tenant of the building, and
3.
the sign area does not exceed 20% of the building
face below the area defined in Subsection (a) above,
B.
between the second storey window lintel and the third storey
window sill, or, in the case of a two storey building, between
the second storey window lintel and the roof or parapet,
provided:
1.
the sign states no more than the name of the building
or the principal tenant of the building, and
2.
the sign area does not exceed 2.5 sq. m (26.9 sq. ft.),
or
C.
above the third storey window sill, provided:
1.
the sign states no more than the name of the building
or principal tenant of the building, and
2.
there is no more than one (1) sign per building face
above the third storey.
(iii)
A wall sign may be allowed on the side wall of a building facing a
road where a development is located on a corner site provided that
the sign is integrated with the other signage on the building and is
of the same height and width.
(iv)
Any other location for a wall sign shall be at the discretion of the
Development Authority, who shall have consideration for the
aesthetic quality and compatibility of the proposed wall sign with
adjacent developments.
(h)
Inflatable Signs
(i)
A small inflatable style sign can be placed on an approved temporary
sign location, and does not require a development permit, provided
it is, no larger than 5.5 sq. m (59.2 sq. ft.) as applicable.
(ii)
Larger inflatable signs require that a development permit be applied
for, and approval obtained before installation.
(iii)
One inflatable sign may be located on a site and must be tethered or
anchored so that it is touching the ground surface to which it is
anchored.
(iv)
The maximum height of an inflatable sign shall be the allowed
height of a freestanding sign for the site.
(v)
An inflatable sign can only be located on a site twice in a calendar
year and not for longer than 30 consecutive days.
(vi)
Inflatable signs cannot be located on the roof of a structure.
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(9)
Signs in or Adjacent to Residential Districts
(a)
Except as provided in Subsections (b) and (c) below, no sign shall be
permitted in Residential Districts except for places of worship, schools or
other public institutions.
(b)
An approved major home occupation may display a sign, not larger than 0.2
sq. m (2 sq. ft.) in the window of the dwelling.
(c)
An approved bed and breakfast may display a sign, not larger than 0.2 sq.
m (2.0 sq. ft.). If outside, the sign shall be placed in a location that is
satisfactory to the Development Authority. Alternatively, the sign may be
displayed from inside a window of the dwelling.
(d)
One (1) freestanding sign per site may be allowed for the purpose of
identifying the name of a multi-family dwelling, a neighbourhood, or a
subdivision, provided:
(i)
the sign area does not exceed 5.0 sq. m (53.8 sq. ft.),
(ii)
the height of the sign does not exceed 2.0 m (6.6 ft.), and
(iii)
the sign is not internally illuminated, though it may be lit from the
front.
(e)
Name or number signs shall have a surface area of no more than 0.3 sq. m
(3.0 sq. ft.).
(f)
When an illuminated sign is located in a District adjacent to a Residential
District, the illumination from that sign shall be deflected away from the
Residential District.
(g)
When, in the opinion of the Development Authority, a proposed sign in any
District adjacent to a Residential District might be objectionable to a
resident in the Residential District, the Development Authority may impose
such other requirements as they deem necessary, to protect the amenities of
the Residential District.
(10)
Signs Relating to Institutional Uses
In any District where a place of worship or a school or another institutional use is
allowed, one (1) sign of not more than 5.0 sq. m (53.8 sq. ft.) in area shall be allowed
to be erected on the site occupied by the place of worship, school, or other
institutional uses.
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8.55 Shopping Centres
(1)
The maximum floor area shall be equal to the site area; however, all other regulations
of this Bylaw, such as required yards, parking and loading requirements, etc. shall be
adhered to.
(2)
Section 8.54 of this Bylaw contains additional provisions relating to shopping centre
signs.
(3)
All shopping centres shall satisfy the Development Authority as to:
(a)
the orientation, exterior design, and architectural appearance of buildings,
(b)
the location of development in relation to adjacent land uses,
(c)
vehicular traffic flow patterns within and access to and from the site,
(d)
safe pedestrian access and egress within the site and from any pedestrian way,
and
(e)
the location of exterior signs.
(4)
A shopping centre shall only contain those uses listed as permitted or discretionary uses
within the District in which the shopping centre is located.
(5)
The Development Authority may require any other matters, regulations, or conditions
relating to the development as, in his opinion, are necessary, having regard to the nature
of the proposed shopping centre development and adjacent land uses.
8.56 Show Homes
(1)
In addition to the requirements of Section 3.4 of this Bylaw, a development permit
application for a show home shall be accompanied by information indicating:
(a)
the location and area intended as the site for the show home, and
(b)
proposed parking, exterior lighting and signs.
(2)
Development permits shall be issued for a maximum of one (1) year only, and if the
operator wishes to continue the use, must be renewed on an annual basis.
(3)
The appearance of the building shall, in the opinion of the Development Authority, be
compatible with the character of other buildings in the vicinity.
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8.57 Sidewalk Cafes
(1)
A sidewalk café permit is valid from the date of issuance for one (1) year and may
be renewed annually. In order to renew the permit, the developer must provide the
municipality with a request indicating that there will be no changes to the sidewalk
café. If any changes are required, the developer must make application for a new
permit.
(2)
If the applicant is not the owner of the property, authorization and written
permission of the property owner is required and must accompany the application.
(3)
A development permit will authorize only the consumption of food within the
sidewalk seating area and not liquor.
(a)
A permit holder who intends to serve alcohol inside any temporary sidewalk
seating area requires a separate license from the Alberta Gaming and Liquor
Commission. A copy of that license is to be provided to the municipality.
(b)
A copy of any approval from any involved Health Authority is to be
provided to the municipality.
(4)
The area designated for the sidewalk café shall be considered an extension of the
principal building and business; therefore, the location of the sidewalk café must
be directly in front of the building.
(5)
The following information must be provided with the application:
(a)
details of the proposed furniture or manufacturers' brochures,
(b)
site plan showing all existing buildings, proposed café area and setbacks,
(c)
layout of the furniture including signage, tables, chairs, placement and
number of planters and all other accessories,
(d)
location, structure and dimensions of any portable walls/barriers,
(e)
location of all doorways, windows and service openings,
(f)
length of restaurant/café frontage,
(g)
distance from property line to curb,
(h)
proposed width and length of sidewalk seating/café, and
(i)
proposed total area of sidewalk seating/café.
(6)
Furniture
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(a)
Applicants are encouraged to select furniture that is compatible with the
outdoor environment. The furniture should be strong, durable, waterproof
and weather resistant, designed for commercial outdoor use.
(b)
The furniture must fold or stack for storage, and if located on public right-
of-way, be readily removed and stored within the associated indoor
premises during non-business hours.
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(c)
The number of tables and chairs placed within a sidewalk area must allow
unobstructed access and circulation for patrons and staff. (See Figure 29)
Figure 30: Sidewalk Cafe Requirements
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(d)
The permit holder is responsible for ensuring that all furniture remains
within the approved sidewalk seating area. No fixed tables or chairs may
be used. Developers of sidewalk cafes shall be mindful of the rights of
pedestrians travelling past their sidewalk café at all times during the
operation of the sidewalk café. In order to ensure this, a sidewalk café is
required to maintain a clear path of at least 1.5 m. (5.0 ft.) minimum at all
times. In areas of higher pedestrian traffic or activity or in conditions that
suggest the need for additional clearance, a clear pedestrian path greater
than 1.5 m. (5 ft.) may be required by the Development Authority.
(7)
Use of Umbrellas
(a)
Umbrellas should be secured to ensure that they can withstand the effects
of wind.
(b)
Umbrellas shall be removed or closed in extremely windy conditions and
be removed when the outdoor seating area is not in use (off season).
(c)
Umbrellas shall not be attached to railings.
(d)
Umbrellas shall not encroach on, or interfere with pedestrian movement,
and at least 2.0 m (6.6 ft.) in height (see figure 30).
(e)
Umbrellas shall be manufactured from fire retardant material.
(f)
Umbrellas shall be market style (not beach umbrellas).
(8)
Lighting
(a)
Lighting for sidewalk cafes may be utilized if approved by the Development
Authority. Any such lighting shall complement the existing building and
Figure 31: Cross Section of Sidewalk Café requirements
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sidewalk café design and shall not cause a glare to passing pedestrians or
vehicles.
(9)
Outdoor Heaters
(a)
Outdoor heaters may be utilized upon the approval of the Development
Authority.
(10)
Limitations on use
(a)
No portion of a sidewalk seating/café area may be used for any purpose
other than seating, dining or circulation.
(b)
No portion of a sidewalk seating/café area may be used for the storage of
and sale of merchandise or objects other than those intended for seating,
dining or circulation.
(c)
The permit holder will bear all financial responsibility for any and all
improvements necessary to the public space, both within and surrounding
the sidewalk seating area.
(d)
Smoking is prohibited at all sidewalk/café locations. The Tobacco
Reduction Act, 2008 requires that managers or owners strictly enforce this
requirement or be liable to fines.
(11)
Operations
(a)
Hours of operation of an outdoor sidewalk seating area/café are 8:00 a.m.
to 10:00 p.m. or as stated in the approved Development Permit.
(b)
Sidewalk seating areas must conform to noise regulations of the current
municipal Bylaw and shall be prohibited from playing amplified music,
whether live or recorded.
(12)
Business Licensing
(a)
The principal establishment for each approved sidewalk seating area shall
have a valid municipal Business License.
(13)
Waste Management
(a)
The permit holder will ensure sidewalk seating areas are maintained in a
clean and hygienic state at all times and the following requirements will
apply:
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(i)
Tables and chairs shall be kept clean and litter shall be removed
from in and around the seating area and disposed of within the
commercial garbage provisions on site.
(ii)
Furniture, barriers and/or planters shall be clean, in good order and
well presented.
(iii)
Sidewalk seating debris must not be swept or allowed to enter into
gutters, parking or traffic lanes, storm-water, catch-basins or
pedestrian walkways.
(14)
Reinstatement of a Public Place
(a)
Every sidewalk seating area shall be temporary in nature and designed so
that the entire structure including chairs, tables, fencing, and planters can
be easily removed during periods of non-use.
(15)
Insurance Requirements
(a)
The permit holder will be required to hold valid comprehensive general
liability insurance to the satisfaction of the municipality but the limit shall
not be less than $1,000,000 per occurrence, $1,000,000 in the aggregate
combined single limit, for bodily injury, personal injury and property
damage liability.
(b)
The municipality shall be named as an additional insured for any liability
arising directly or indirectly from the operation of a sidewalk café located
on a public right-of-way.
(16)
Renewals and Amendments
(a)
Development permits must be renewed annually. The permit holder shall
submit their request for renewal in writing.
(b)
A permit holder will be required to submit an application in writing to the
Development Authority for any amendment to their existing sidewalk
seating plan.
(17)
Approval of a sidewalk café permit will require, as a conditional of approval, that
the Development Authority and the Fire Chief conduct a site inspection of the
approved sidewalk café and all elements placed therein after construction to ensure
that the sidewalk café and all sidewalk café elements are in compliance with the
approved permit and that the developer is in compliance with all other requirements
of the permit before any use of the sidewalk café may commence.
(18)
The issuance of a sidewalk café permit is a privilege granted by the municipality.
The municipality requires compliance with all rules and regulations as well as to
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have respect for the community in which the café is located. The Development
Authority and Bylaw Enforcement Officer will monitor the operation of the
sidewalk café and are empowered to issue citations for bylaw violations and may
also result in the revocation of the development permit.
8.58 Site Conditions
(1)
Development shall not be allowed on unstable slopes, land characterized by soil
instability, or land exhibiting evidence of poor drainage or flooding unless it can be
demonstrated to the satisfaction of the Development Authority that unique site
requirements warrant otherwise.
(2)
Lands Subject to Flooding or Subsidence
(a)
Notwithstanding that a proposed development conforms in all respects with this
Bylaw, where the application is for development on lands that are or may be
subject to flooding or subsidence, or in an area potentially subject to a 1:100
year flood, the Development Authority shall not approve a development permit
unless the applicant can demonstrate that preventive engineering and
construction measures can be instituted to make the site suitable for the
proposed development or to protect the development from the potential
flooding hazard.
(b)
If a development is subsequently approved in such an area, the developer shall
be required to implement the preventive measures referred to in Subsection (a)
above, and agree within an agreement that can be caveated against the titles of
the affected lands, that he and/or any subsequent landowners shall be
responsible for any damage or loss caused by flooding or subsidence.
(3)
The Development Authority may impose conditions on the approval of a
development permit requiring the retention of trees, or additional planting of such
a type and extent that is considered necessary.
(4)
The Development Authority may prescribe setback and/or buffering requirements
for uses which may be incompatible with adjacent land uses.
(5)
The Development Authority may prescribe or approve screening for uses which
involve the outdoor storage of goods, machinery, vehicles, building materials,
waste materials, and other similar uses.
8.59 Solar Energy Collection Systems
(1)
Solar energy collection systems shall only be allowed as accessory developments.
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(2)
Ground mounted solar collectors shall be located in a side or rear yard only.
(3)
When a solar energy collection system is installed on a lot, accessory structures or
vegetation on an abutting lot should not be located so as to block the solar
collector's access to solar energy. The portion of a solar collector that is protected
is the portion which:
(a)
is located so as not to be shaded between the hours of 10:00 a.m. and 3:00
p.m. by a hypothetical 3.66 m (12 ft.) obstruction located on the lot line;
and,
(b)
has an area not greater than one-half of the heated floor area of the structure,
or the largest of the structures, to be served.
Notwithstanding the foregoing, the Town shall not be held responsible for
protecting access to solar energy on private land.
(4)
No solar energy collection system that is tied into a grid shall be installed until
evidence has been given that the utility has been informed of the customer's intent
to install an interconnected customer-owner generator. A copy of a letter to the
applicant's utility is sufficient. No response or evidence of approval from the utility
is required. Off-grid systems and grid-tied systems that are not capable of feeding
onto the grid with advanced control grid fault protection and disconnect switches
covered under the electrical code shall be exempt from the requirement.
8.60 Sour Gas Facilities
(1)
No development shall be allowed within 100 m (328 ft.) of a Level 1 sour gas
facility (consisting of a well) as determined by the Alberta Energy Resources
Conservation Board (ERCB).
(2)
In the case of a Level 2 sour gas facility as determined by the ERCB:
(a)
no permanent dwelling shall be allowed within 100 m (328 ft.) of the sour
gas facility; and
(b)
no institutional use shall be allowed within 500 m (1640 ft.) of the sour gas
facility.
(3)
In the case of Level 3 sour gas facility as determined by the ERCB:
(a)
no permanent dwelling shall be allowed within 100 m (328 ft.) of the sour
gas facility;
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(b)
no residential development with a density of more than eight (8) dwelling
units per quarter section shall be allowed within 500 m (1640 ft.) of the sour
gas facility; and
(c)
no institutional use shall be allowed within 1500 m (4921 ft.) of the sour
gas facility.
(4)
The Town does not support the development of sour gas facilities within Town
boundaries.
8.61 Subdivision of Land
(1)
Where the development of land requires a subdivision, no development permit shall
be issued until the proposed subdivision has received tentative approval from the
Subdivision Authority for the Town.
(2)
Development agreements shall be required as a condition of approval for
subdivision of land within the Town.
8.62 Surveillance Suites
(1)
The issuance of a development permit for a surveillance suite, as defined in this
Bylaw, shall be in accordance with the following criteria and regulations:
(a)
A development permit for a surveillance suite will only be issued if the
surveillance suite is clearly compatible with and subordinate to the main
use of the subject lot. Moreover, in the opinion of the Development
Authority, the placement of a surveillance suite shall be compatible with all
existing, main development/land uses on adjacent properties and shall not
interfere with future main development/land uses of adjacent properties.
(b)
Where a surveillance suite is allowed in accordance with this Bylaw, the
Development Authority may issue a development permit for one
surveillance suite per associated development or lot.
(c)
Detached surveillance suites shall be sited in accordance with siting
regulations specified in the land use district within which the subject lot is
located or in accordance with the following requirements, whichever are
more stringent:
(i)
a minimum of 1.8 m (6.0 ft.) from any buildings; and
(ii)
a minimum of 1.8 m (6.0 ft.) from the rear and side property lines;
and
(iii)
no closer than the front line of main building.
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(d)
The maximum floor area of any non-basement surveillance suite, as defined
in this Bylaw, shall be 46.5 sq. m (500.0 sq. ft.).
(e)
The quality of exterior treatment and design of any surveillance suite shall
be to the satisfaction of the Development Authority, who shall ensure that
the design, character and appearance of any surveillance suite is compatible
with the development(s)/use(s) with which the suite is associated as well as
all development(s)/use(s) on adjacent properties.
8.63 Topsoil Removal
(1)
No person shall commence or continue the removal of topsoil without first
obtaining a development permit. There shall be provided upon the occupancy of
the development, a minimum topsoil coverage of 15.0 cm (6 in.) and the affected
area shall be landscaped to the satisfaction of the Development Authority.
(2)
The Development Authority may refer a copy of a development permit application
for topsoil removal to the appropriate provincial agencies for input prior to making
a decision.
8.64 Wind Energy Conversion Systems, Large
(1)
Prior to making a decision on an application for a development permit for a large
wind energy conversion system, the Development Authority shall consider input
from:
(a)
any adjacent municipality should the proposed development be located
within 2 km (1.2 mi.) of the municipality; and
(b)
landowners within 2 km (1.2 mi.) of the proposed development.
(2)
When making an application for a development permit for a Large Wind Energy
Conversion System, the developer shall provide to the Development Authority
appropriate reports and/or approvals from the following:
(a)
Transport Canada
(b)
NavCanada
(c)
Alberta Culture and Community Spirit
(d)
Alberta Environment
(e)
Alberta Sustainable Resource Development
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(f)
Alberta Tourism, Parks and Recreation
(g)
Alberta Transportation
(3)
Should a large wind energy conversion system discontinue producing power for a
minimum of two (2) years, the system operator shall be required to provide a status
report to the Development Authority. The Development Authority may then require
that the system be decommissioned. Failure to comply with a decommissioning
requirement shall be considered to be a breach of this Bylaw, and subject to the
enforcement provisions of this Bylaw.
(4)
A large wind energy conversion system shall comply with all the setbacks related
to roads and highways that govern the principal use in the district in which it is
located.
(5)
Where, in the opinion of the Development Authority, the setbacks referred to in
Section 8.64(4) above are not sufficient to reduce the impact of a large wind energy
conversion system from a road or highway, the Development Authority may
increase the required setback.
(6)
The turbine base shall be no closer to the property line than four times the height of
the wind turbine tower. Where in the opinion of the Development Authority the
setback from the property line should be varied, the Development Authority may
require an acoustical study to establish appropriate setbacks.
(7)
The minimum vertical blade clearance from grade shall be 7.4 m (24.6 ft.) for a
wind energy conversion system employing a horizontal axis rotor unless otherwise
required by the Development Authority.
(8)
To ensure public safety, the Development Authority may require that:
(a)
a secure fence not less than 1.8 m (5.9 ft.) in height with a lockable gate
surround a wind energy conversion system tower if the tower is climbable
or subject to vandalism that could threaten tower integrity;
(b)
no ladder or permanent tower access device be located less than 3.7 m (12.1
ft.) from grade;
(c)
a locked device be installed on the tower to preclude access to the top of the
tower; and
(d)
such additional safety mechanisms or procedures be provided as the
Development Authority may consider reasonable and appropriate.
The use of tubular towers, with locked door access, may, at the sole discretion of
the Development Authority, make unnecessary the above requirements.
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(9)
All power lines on the site of a large wind energy conversion system to the power
grid or a power substation will be underground except where the Development
Authority specifically approves overhead or above grade installations.
(10)
Unless otherwise required by the Development Authority, a large wind energy
conversion system shall be finished in a non-reflective matte and in a colour which
minimizes the obtrusive impact of a system to the sole requirements of the
Development Authority.
(11)
No lettering, advertising or other symbol shall appear on the towers or blades. On
other parts of the large wind energy conversion system, the only lettering or symbol
allowed will be the manufacturer's and/or owner's identification or symbol and
then, only upon the approval of and at the sole discretion of the Development
Authority.
(12)
The Development Authority may approve a large wind energy conversion system
on a case-by-case basis having regard for:
(a)
information provided in the application;
(b)
the proximity of the proposed development to other land uses;
(c)
the cumulative effect of all wind energy conversion systems approved or
proposed in the area;
(d)
underlying utilities; and
(e)
information received from the circulation of the application and from the
public.
(13)
Large wind energy systems must comply with applicable air traffic safety
regulations. Transport Canada must be notified of the location (latitude and
longitude) and height of all wind turbine installations through the aeronautical
clearance application process.
8.65 Wind Energy Conversion Systems, Micro
(1)
Notwithstanding any other provisions in this Bylaw, micro wind energy conversion
systems, which are systems which have a rated capacity of less than 0.5 KW, may
only be roof mounted or ground mounted within a side or rear yard.
(2)
Micro wind energy conversion systems shall be required to conform to set back
requirements for accessory buildings.
(3)
Maximum height shall be the maximum height provisions that apply within the
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District in which the micro wind energy conversion system is located.
(4)
Number per lot
One micro wind energy conversion system is allowed per lot. A second system
may be allowed at the discretion of the Development Authority if the applicant can
demonstrate that there is adequate room on the site.
8.66 Wind Energy Conversion Systems, Small
(1)
Small wind energy conversion systems shall only be allowed as accessory
developments.
(2)
For property sizes between 0.1 ha (0.25 ac.) and 0.2 ha (0.5 ac.) the wind turbine
tower height shall be limited to 25.0 m (82.0 ft.). For property sizes of 0.2 ha (0.5
ac.) or more, there is no limitation on wind turbine tower height, subject to the set-
back requirements below, and provided that the application includes evidence that
the proposed height does not exceed the height recommended by the manufacturer
or any distributor of the system.
(3)
The turbine base shall be no closer to the property line than the height of the wind
turbine tower, and no part of the system structure, including guy wire anchors, may
extend closer than 3.0 m (9.8 ft.) to the property boundaries of the installation site.
Additionally, the outer and innermost guy wires must be marked and clearly visible
to a height of 2.0 m (6.6 ft.) above the guy wire anchors. The Development
Authority may waive setback requirements from adjacent properties if such
adjacent property owner agrees to grant an easement binding on current and future
owners.
(4)
The mean value of the sound pressure level from small wind energy systems shall
not exceed more than 6 decibels (dBA) above background sound, as measured at
the exterior of the closest neighbouring inhabited dwelling (at the time of
installation or during operation), for wind speeds below 10 m per second (22 mph)
and except during short-term events such as utility outages and/or severe wind
storms.
(5)
Development permit applications for small wind energy systems shall be
accompanied by standard drawings of the wind turbine structure, including the
tower, base, footings, anchoring method and drawn to scale. An engineering
analysis of the wind turbine tower showing compliance with the International
Building Code and certified by a licensed professional mechanical, structural, or
civil engineer shall also be submitted. Documentation of this analysis supplied by
the manufacturer shall be accepted.
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(6)
Small wind energy systems must comply with applicable air traffic safety
regulations. A statement on compliance by the applicant is sufficient. Transport
Canada must be notified of the location (latitude and longitude) and height of all
wind turbine installations through the aeronautical clearance application process.
Small wind turbine towers shall not be artificially lit except as required by Nav
Canada.
(7)
Building permit applications for small wind energy systems shall be accompanied
by a line drawing of the electrical components in sufficient detail to allow for a
determination that the manner of installation conforms to existing electrical codes.
This information is frequently supplied by the manufacturer.
(8)
No small wind energy system that is tied into a grid shall be installed until evidence
has been given that the utility has been informed of the customer's intent to install
an interconnected customer-owner generator. A copy of a letter to the applicant's
utility is sufficient. No response or evidence of approval from the utility is required.
Off-grid systems and grid-tied systems that are not capable of feeding onto the grid
with advanced control grid fault protection and disconnect switches covered under
the electrical code shall be exempt from the requirement.
(9)
One Small Wind Energy System is allowed per single detached dwelling on a lot.
8.67 Wireless Communication Facilities
(1)
The municipality will encourage developers of wireless communications facilities
to demonstrate good planning and design with foremost regard to safety of the
general public; adherence to established construction standards in industry;
minimizing impacts to the natural environment; minimizing the visual impacts on
nearby residents; and ensuring public consultation in the early development stages.
A letter of support will be provided to licensing and approving authorities for
applications meeting these criteria. A letter of non-support will be provided to
licensing and approving authorities for applications not meeting these criteria.
(2)
Developers of a wireless communications facility that plan for the facility and can
accommodate other wireless operators on the site will be given priority status.
(3)
The application for development of a wireless communications facility is
encouraged to engage existing owner/operators of these structures for co-location
opportunities. Existing operators are encouraged to participate in the process by
charging reasonable rates for this privilege.
(4)
Applications for development of structures outside of the Alberta Building Code
such as lattice towers shall include a document from authoritative sources
demonstrating structural adequacy of the specified structure for the location and
loading defined in the application. Such authorities include: the Canadian Standards
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Association and qualified structural engineers. Stamps and Seals of approval shall
accompany the documentation.
(5)
Guyed-tower structures are to be located on properties that allow for a distance
from the base to boundary setbacks that is no less than equal to the final structure
height. In all cases that base and anchor structures must be designed for the soil
conditions present. A professional engineered design with supporting soil profiles
must accompany the application for development. Precise location (Latitude and
Longitude) of the base and anchors must be revealed.
Self-support towers are to be located respecting the building and safety codes for
the community. In all cases the base structures must be designed for the soil
conditions present. A professional engineered design with supporting soil profiles
must accompany the application for development.
(6)
Multiple tower structures will require individual development permit applications.
(7)
Applications for the development of wireless facilities must include in the
development application letters from the following authorities:
(a)
Transport Canada governing painting and lighting of the applicant's tower
for aeronautical safety;
(b)
Nav Canada governing aircraft communication and instrumentation
immunity from the applicant's tower transmissions;
(c)
Industry Canada governing the frequency of operations and public safety
from non-ionized radiation in accordance with Safety Code 6. Licensed
Exempt operators must provide a stamped letter from a licensed
professional RF engineer guaranteeing these conditions will be met; and
(8)
Appropriate fencing around the base, anchors and site limiting public access to the
tower and exposure to high RF energy fields must be provided with consideration
of community aesthetics.
(9)
The application for development must include consideration to minimizing
environmental damage through the following measures:
(a)
Consultation with Federal and Provincial environmental agencies to ensure
the site selected and the resultant construction does not impact upon
sensitive ecologies nor interfere with migrating birds or animals.
Confirming letters from these agencies must accompany the application for
development.
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(b)
The application for development shall include a signed letter from the
applicant detailing corrective action(s) to remediate any environmental
damages.
(10)
As a condition of obtaining a development permit the applicant agrees to the
following:
(a)
The site will be reclaimed within six (6) months of cessation of operation.
(b)
The site reclamation will comply with Alberta Environmental Laws to be
provided by Alberta Environment or their agent.
(11)
A public consultative process shall commence within the intent to establish a
wireless facility advertisement in the local newspapers and b a letter to the
neighbouring property owners 120 days prior to the anticipated date of construction.
The municipality will arrange for the public meetings at its discretion and at the
sole expense of the applicant.
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Regulations
9.1 R1a -Residential District
(1)
General Purpose
The general purpose of this District is to allow the development of single family
dwellings on large lots.
(2)
Permitted Uses
(a)
Day Homes
(b)
Minor home occupations
(c)
Parks, playgrounds and similar recreational uses
(d)
Public utilities, not including an enclosed building
(e)
Single family dwellings
(f)
Buildings and uses accessory to permitted uses
(3)
Discretionary Uses
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(a)
Bed and breakfast establishments
(b)
Day homes
(c)
Duplexes
(d)
Family care facilities
(e)
Garage Suites
(f)
Group Care Facilities
(g)
In-law Suites
(h)
Major home occupations
(i)
Modular dwellings
(j)
Neighbourhood commercial developments
(k)
Public or quasi-public buildings and uses required to serve the immediate area
(l)
Places of worship
(m)
Secondary suites
(n)
Show homes
(o)
Solar energy collection systems
(p)
Wind energy conversion systems, micro
(q)
Buildings and uses accessory to discretionary uses
(4)
Requirements
(a)
Minimum Lot Area for Single Family Dwellings and Modular Dwellings
(i)
In the case of road and lane systems:
A.
Internal Lots - 464.8 sq. m (5000.0 sq. ft.)
B.
Corner Lots - 533.7 sq. m (5740.0 sq. ft.)
(ii)
In the case of laneless systems:
A.
Internal Lots - 518.18 sq. m (5577.6 sq. ft.)
B.
Corner Lots - 595.0 sq. m (6400.1 sq. ft.)
(iii)
Development on existing substandard lots may be considered by the
development Authority
(b)
Minimum Lot Area for Other Uses - as required by the Development Authority.
(c)
Minimum Lot Width for Single Family Dwellings and Modular Dwellings
(i)
Internal Lots - 15.24 m (50.0 ft.)
(ii)
Corner Lots - 17.5 m (57.4 ft.)
(d)
Minimum Lot Width for Other Uses - as required by the Development
Authority.
(e)
Minimum Lot Depth
(i)
In the case of road and lane systems - 30.5 m (100 ft.)
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(ii)
In the case of laneless systems - 34.0 m (111.5 ft.)
(f)
Development on existing substandard lots may be considered by the
Development Authority. Compliance with provincial plumbing, drainage and
health Regulations will be required.
(g)
Minimum Floor Area for Residential Uses - 83.6 sq. m (900 sq. ft.) for each
dwelling unit
(h) Minimum Yard Requirements:
(i)
Front yard - 7.0 m (23.0 ft.)
(ii)
Minimum side yard
A.
In the case of a lot with an adjacent lane:
-1.5 m (4.9 ft.) for buildings of less than two storeys, or
-2.3 m (7.5 ft.) for buildings of two storeys or more
B.
In the case of a lot without an adjacent lane when the
dwelling on the lot does not have an attached garage or
carport:
-3.2 m (10.5 ft.) on one side, and in accordance with
Subsection A. above on the other
C.
Corner lot - 3.8 m (12.5 ft.) abutting road
(iii)
Rear yard
A.
6.0 m (19.7 ft.) for internal lots
B.
4.5 m (14.8 ft.) for corner lots
(i)
Notwithstanding these regulations, any requirements established pursuant to the
Alberta Safety Codes Act must be provided.
(j)
Maximum Lot Coverage - 40%
(i)
Dwellings - 28%
(ii)
Accessory buildings - 12%
(k) Design, Character and Appearance of Buildings:
(i)
Buildings may be either of new construction or moved in. Exterior finish
to be wood, metal or similar siding, brick or stucco to the satisfaction of
the Development Authority.
(ii)
All modular dwellings shall be factory built or of a quality equivalent
thereto with walls of pre-finished siding, stucco, brick, or equivalent, as
required by the Development Authority. Solid footings and a concrete
or wood block foundation, wall or skirting shall be provided so that the
appearance, design and construction compliment the modular dwelling.
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(iii)
All accessory structures such as patios, porches, additions, skirting and
storage facilities attached to a modular dwelling shall be factory pre-
fabricated units, or of a quality equivalent thereto, so that the
appearance, design and construction will complement the modular
dwelling.
(l) Other Requirements:
(i)
The maximum height of any building shall be 10 m (32.8 ft.).
(m) Relating to Duplexes
(i)
Minimum lot depth - 34 m (111.5 ft.)
(ii)
Minimum lot width
A.
In the case of a lot with an adjacent lane:
1.
9.0 m (29.5 ft.) for each dwelling unit for internal lots
2.
11.5 m (37.7 ft.) for each dwelling unit for corner lots
B.
In the case of a lot without an adjacent lane:
1.
10.5 m (34.4 ft.) for each dwelling unit for internal
lots
2.
13.0 m (42.6 ft.) for each dwelling unit for corner lots
(iii)
Minimum front yard - 7.0 m (23.0 ft.)
(iv)
Minimum rear yard
A.
6.0 m (19.7 ft.) for internal lots
B.
4.5 m (14.8 ft.) for corner lots
(v)
Minimum side yard
A.
On common wall between dwelling units - nil
B.
In the case of a lot with an adjacent lane:
1.
1.5 m (4.9 ft.) for buildings of less than two storeys,
or
2.
2.3 m (7.5 ft.) for buildings of two storeys or more
C.
In the case of a lot without an adjacent lane when the
dwelling on the lot does not have an attached garage or
carport:
1.
3.2 m (10.5 ft.) on one side, and
2.
In accordance with Subsections A. and B. above on
the other.
D.
Corner lot - 3.8 m (12.5 ft.) abutting road
(vi)
Minimum floor area - 70 sq. m (754 sq. ft.) for each dwelling unit
(vii)
Maximum lot coverage - 40%
(viii) Maximum height - 10.0 m (32.8 ft.) or 2.5 storeys, whichever is
lower
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9.2 R1b - Small Lot Residential District
(1)
General Purpose
The general purpose of this District is to allow the development of primarily smaller
single family dwellings on smaller lots.
(2)
Permitted Uses
(a)
Day Homes
(b)
Minor home occupations
(c)
Parks, playgrounds and similar recreational uses
(d)
Public utilities, not including an enclosed building
(e)
Single family dwellings
(f)
Buildings and uses accessory to permitted uses
(3)
Discretionary Uses
(a)
Bed and breakfast establishments
(b)
Day homes
(c)
Family care facilities
(d)
Garage Suites
(e)
Group Care Facilities
(f)
In-law Suites
(g)
Major home occupations
(h)
Modular dwellings
(i)
Neighbourhood commercial developments
(j)
Public or quasi-public buildings and uses required to serve the immediate area
(k)
Places of worship
(l)
Secondary suites
(m)
Show homes
(n)
Solar energy collection systems
(o)
Wind energy conversion systems, micro
(p)
Buildings and uses accessory to discretionary uses
(4)
Requirements
(a)
Minimum Lot Area for Single Family Dwellings and Modular Dwellings
(i)
In the case of road and lane systems:
A.
internal sites - 372.0 sq. m (4,004.2 sq. ft.)
B.
corner sites - 418.0 sq. m (4,499.3 sq. ft.)
(ii)
In the case of laneless systems:
A.
internal sites - 459.0 sq. m (4,940.6 sq. ft.)
B.
corner sites - 503.0 sq. m (5,414.2 sq. ft.)
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(iii)
Development on existing substandard lots may be considered by the
Development Authority.
(b)
Minimum Lot Area for Other Uses - as required by the Development Authority.
(c)
Minimum Lot Width for Single Family Dwellings and Modular Dwellings
(i)
internal sites - 12.2 m (40.0 ft.)
(ii)
corner sites - 13.7 m (45.0 ft.)
(d)
Minimum Lot Width for Other Uses - as required by the Development
Authority.
(e)
Minimum site depth
(i)
In the case of road and lane systems - 30.5 m (100 ft.)
(ii)
In the case of laneless systems - 33.5 m (110 ft.)
(f)
Development on existing substandard lots may be considered by the
Development Authority.
(g)
Minimum Floor Area for Residential Uses - 83.6 sq. m (900 sq. ft.) for each
dwelling unit
(h) Minimum Yard Requirements:
(i)
Front yard - 7.0 m (23.0 ft.)
(ii)
Minimum side yard
A.
In the case of a lot with an adjacent lane:
1.
1.5 m (4.9 ft.) for buildings of less than two storeys,
or
2.
2.3 m (7.5 ft.) for buildings of two storeys or more
B.
In the case of a lot without an adjacent lane when the
dwelling on the lot does not have an attached garage or
carport:
1.
3.2 m (10.5 ft.) on one side, and
2.
in accordance with Subsection A. above on the other
C.
Corner lot - 3.8 m (12.5 ft.) abutting road
(iii)
Rear yard
A.
6.0 m (19.7 ft.) for internal lots
B.
4.5 m (14.8 ft.) for corner lots
Notwithstanding these regulations, any requirements established pursuant to the
Alberta Safety Codes Act must be provided.
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(i) Maximum Lot Coverage - 50%
(i)
Dwellings - 38%
(ii)
Accessory buildings - 12%
(j) Design, Character and Appearance of Buildings:
(i)
Buildings may be either of new construction or moved in. Exterior finish
to be wood, metal or similar siding, brick or stucco to the satisfaction of
the Development Authority.
(ii)
All modular dwellings shall be factory built or of a quality equivalent
thereto with walls of pre-finished siding, stucco, brick, or equivalent, as
required by the Development Authority. Solid footings and a concrete
or wood block foundation, wall or skirting shall be provided so that the
appearance, design and construction compliment the modular dwelling.
(iii)
All accessory structures such as patios, porches, additions, skirting and
storage facilities attached to a modular dwelling shall be factory pre-
fabricated units, or of a quality equivalent thereto, so that the
appearance, design and construction will complement the modular
dwelling.
(k) Other Requirements:
(i)
The maximum height of any building shall be 10.0 m (32.8 ft.).
9.3 R2 - Medium Density Residential District
(1)
General Purpose
The general purpose of this District is to allow the development of a mixture of
residential uses at an overall moderate density, with the development, including its
design, being entirely at the discretion of the Development Authority.
(2)
Permitted Uses
(a)
Duplexes
(b)
Day homes
(c)
Home occupations, minor
(d)
Public parks
(e)
Single family dwellings
(f)
Buildings and uses accessory to permitted uses
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(3)
Discretionary Uses
(a)
Basement suites
(b)
Bed and breakfasts
(c)
Day cares
(d)
Family care facilities
(e)
Group care facilities
(f)
In-law suites
(g)
Home occupations, major
(h)
Neighbourhood commercial developments
(i)
Places of Worship
(j)
Public or quasi-public buildings required to serve the immediate area
(k)
Public utilities required to serve the immediate area
(l)
Other uses which, in the opinion of the Development Authority, are similar to
the above mentioned permitted and discretionary uses
(m)
Row housing
(n)
Secondary suites
(o)
Show homes
(p)
Single family dwellings
(q)
Solar energy collection systems
(r)
Buildings and uses accessory to discretionary uses
(4)
Requirements
(a)
Relating to Single Family Dwellings
Same as in the R-1a District
(b)
Relating to Duplexes
(i)
Minimum lot depth - 34 m (111.5 ft.)
(ii)
Minimum lot width
A.
In the case of a lot with an adjacent lane:
1.
9.0 m (29.5 ft.) for each dwelling unit for internal
lots
2.
11.5 m (37.7 ft.) for each dwelling unit for corner
lots
B.
In the case of a lot without an adjacent lane:
1.
10.5 m (34.4 ft.) for each dwelling unit for internal
lots
2.
13.0 m (42.6 ft.) for each dwelling unit for corner
lots
(iii)
Minimum front yard - 7.0 m (23.0 ft.)
(iv)
Minimum rear yard
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A.
6.0 m (19.7 ft.) for internal lots
B.
4.5 m (14.8 ft.) for corner lots
(v)
Minimum side yard
A.
On common wall between dwelling units - nil
B.
In the case of a lot with an adjacent lane:
20% of the lot width, or
1.
1.5 m (4.9 ft.) for buildings of less than two storeys,
or
2.
2.3 m (7.5 ft.) for buildings of two storeys or more
C.
In the case of a lot without an adjacent lane when the
dwelling on the lot does not have an attached garage or
carport:
1.
3.2 m (10.5 ft.) on one side, and
2.
in accordance with Subsections A. and B. on the
other
D.
Corner lot - 3.8 m (12.5 ft.) abutting road
(vi)
Minimum floor area - 70 sq. m (754 sq. ft.) for each dwelling unit
(vii)
Maximum lot coverage - 40%
(viii) Maximum height - 10 m (32.8 ft.) or 2.5 storeys, whichever is lower
(c)
Relating to Row Housing
(i)
Minimum Lot Requirements for Row Housing - at the discretion of the
Development Authority, who shall have regard for the amenities of the
neighbourhood in which the site is located, and all other requirements
of this section.
(ii)
Maximum density - 40 dwelling units per ha (16 per ac.)
(iii)
Minimum Yard Requirements
A.
Front yard - 7.5 m (24.6 ft.)
B.
Except as noted below, side yard - 3.0 m (9.84 ft.)
C.
Side yard abutting a road in the case of a corner lot - 4.5 m
(14.75 ft.)
D.
Side yard where there is no lane and where no attached garage
is provided - 3.0 m (9.84 ft.)
E.
Rear yard - 7.5 m (24.6 ft.)
(iv)
Each dwelling unit shall have an outdoor living area immediately
adjacent to it and accessible to it via an entranceway. The minimum
depth of this area shall be 7.5 m (24.6 ft.). Within this area, there shall
be a privacy zone measuring a minimum of 4.5 m (14.75 ft.) in depth,
contained by a fence with a minimum height of 1.5 m (5 ft.).
(v)
The maximum height shall be 10 m (32.8 ft.).
(d)
Relating to All other Uses
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(i)
All regulations shall be as required by the Development Authority
(e)
Other Regulations
(i)
Design, Character and Appearance of Buildings:
A.
The design characteristics of the overall development, including
landscaping, driveway pattern, and the spatial relationship of the
various uses on a lot shall be to the satisfaction of the
Development Authority.
B.
All modular dwellings shall be factory built or of a quality
equivalent thereto with walls of pre-finished siding, stucco,
brick, or equivalent, as required by the Development Authority.
Solid footings and a concrete or wood block foundation, wall or
skirting shall be provided so that the appearance, design and
construction compliment the modular dwelling.
C.
All accessory structures such as patios, porches, additions,
skirting and storage facilities attached to a modular dwelling
shall be factory pre-fabricated units, or of a quality equivalent
thereto, so that the appearance, design and construction will
complement the modular dwelling.
9.4 R3 - High Density Residential District
(1)
General Purpose
The general purpose of this District is to allow the development of a mixture of
residential uses at a higher density to include row housing and apartments, with the
development, including its design, being entirely at the discretion of the Development
Authority.
(2)
Permitted Uses
(a)
Apartments
(b)
Day homes
(c)
Home occupations, minor
(d)
Public parks
(e)
Public or quasi-public buildings required to serve the immediate area
(f)
Public utilities required to serve the immediate area
(g)
Row housing
(h)
Senior citizens' housing
(i)
Buildings and uses accessory to permitted uses
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(3)
Discretionary Uses
(a)
Day cares
(b)
Family care facilities
(c)
Group care facilities
(d)
Home occupations, major
(e)
Neighbourhood commercial developments
(f)
Places of Worship
(g)
Other uses which, in the opinion of the Development Authority, are similar
to the above mentioned permitted and discretionary uses
(h)
Senior Citizens Housing
(i)
Show homes
(j)
Solar energy collection systems
(k)
Wind energy conversion systems, micro
(l)
Buildings and uses accessory to discretionary uses
(4)
Requirements
(a)
Relating to Row Housing
(i)
Minimum Lot Requirements for Row Housing - at the discretion of the
Development Authority, who shall have regard for the amenities of the
neighbourhood in which the site is located, and all other requirements
of this section.
(ii)
Maximum density - 40 dwelling units per ha (16 per ac.)
(iii)
Minimum Yard Requirements
A.
Front yard - 7.5 m (24.6 ft.)
B.
Except as noted below, side yard - 3.0 m (9.84 ft.)
C.
Side yard abutting a road in the case of a corner lot - 4.5 m
(14.75 ft.)
D.
Side yard where there is no lane and where no attached garage
is provided - 3.0 m (9.84 ft.)
E.
Rear yard - 7.5 m (24.6 ft.)
(iv)
Each dwelling unit shall have an outdoor living area immediately
adjacent to it and accessible to it via an entranceway. The minimum
depth of this area shall be 7.5 m (24.6 ft.). Within this area, there shall
be a privacy zone measuring a minimum of 4.5 m (14.75 ft.) in depth,
contained by a fence with a minimum height of 1.5 m (5 ft.).
(b)
Relating to Apartments
(i)
Maximum density - 100 dwelling units per ha (40 per ac.)
(ii)
Minimum lot depth - 34 m (111.5 ft.)
(iii)
Minimum lot width - 11.0 m (35.1 ft.)
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(iv)
Minimum lot area - 374 sq. m (3980 sq. ft.)
(v)
Maximum Lot Coverage - 40%
(vi)
Maximum Building Height - 11.0 m (36.1 ft.) or three (3) stories
whichever is lower
(vii)
Minimum floor area
A.
For one bedroom dwelling units - 51 sq. m (550 sq. ft.)
B.
For two bedroom dwelling units - 65 sq. m (700 sq. ft.)
C.
For three bedroom dwelling units or larger - 79 sq. m (850
sq. ft.)
D.
For senior citizens' housing - 42 sq. m (450 sq. ft.) per
dwelling unit
(viii) Minimum front yard - 7.0 m (23.0 ft.)
(ix)
Minimum rear yard
A.
6.0 m (19.7 ft.) for internal lots
B.
4.5 m (14.8 ft.) for corner lots
(x)
Minimum side yard
4.5 m (14.8 ft.) or one-half the height of the highest building on the
lot, whichever is the greater
(xi)
Each development shall provide, outside of required side yards,
landscaped area on the basis of the following formula:
A.
for each bachelor dwelling unit - 18.5 sq. m (200 sq. ft.)
B.
For each one bedroom dwelling unit - 28.0 sq. m (300 sq. ft.)
C.
For each two bedroom dwelling unit - 70 sq. m (750 sq. ft.)
D.
For each dwelling unit with three or more bedrooms - 93.0 sq.
m (1000 sq. ft.)
(c)
Relating to All other Uses
(i)
All regulations shall be as required by the Development Authority
(d)
Other Regulations
(i)
Design, Character and Appearance of Buildings:
A.
The design characteristics of the overall development, including
landscaping, driveway pattern, and the spatial relationship of the
various uses on a lot shall be to the satisfaction of the
Development Authority.
B.
All modular dwellings shall be factory built or of a quality
equivalent thereto with walls of pre-finished siding, stucco,
brick, or equivalent, as required by the Development Authority.
Solid footings and a concrete or wood block foundation, wall or
skirting shall be provided so that the appearance, design and
construction compliment the modular dwelling.
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C.
All accessory structures such as patios, porches, additions,
skirting and storage facilities attached to a modular dwelling
shall be factory pre-fabricated units, or of a quality equivalent
thereto, so that the appearance, design and construction will
complement the modular dwelling.
9.5 C1 - Downtown Commercial District
(central business area)
(1)
General Purpose
The general purpose of this District is to provide for a wide variety of commercial uses
within the Town's downtown core.
(2)
Permitted Uses
(a)
Amusement establishment, indoor
(b)
Business support services establishments
(c)
Eating and drinking establishments
(d)
General retail establishments
(e)
Government services
(f)
Health services
(g)
Hotels
(h)
Household repair services
(i)
Indoor recreation facilities
(j)
Libraries and cultural exhibits
(k)
Office uses
(l)
Personal service shops
(m)
Public parks
(n)
Buildings and uses accessory to permitted uses
(3)
Discretionary Uses
(a)
Animal hospital
(b)
Auctioneering establishments
(c)
Automotive and equipment repair shops
(d)
Automotive and recreational vehicle sales/rentals establishments
(e)
Bus depots
(f)
Cannabis Retail Sales
(g)
Car Washes
(h)
Contractor service, limited
(i)
Day care facilities
(j)
Drinking establishment
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(k)
Drive-in businesses
(l)
Entertainment establishments
(m)
Equipment rental establishments
(n)
Head Shop
(o)
Institutional uses
(p)
Liquor stores
(q)
Motels
(r)
Parking lots
(s)
Private clubs
(t)
Protective and emergency services
(u)
Public or quasi-public buildings
(v)
Public or quasi-public uses
(w)
Public utilities
(x)
Public utility buildings
(y)
Religious assemblies
(z)
Service stations
(aa)
Single family dwellings existing as of the date of this bylaw
(bb)
Vehicle repair establishments
(cc)
Veterinary clinics
(dd)
Solar energy collection systems
(ee)
Wind energy conversion systems, micro
(ff)
Dwellings within buildings in which the predominant use is one or more of the
above-listed permitted or discretionary uses, provided, however, that the
dwellings have direct access to the outside of the building
(gg)
Other uses which are, in the opinion of the Development Authority, similar to
the above-listed permitted and discretionary uses
(hh)
Buildings and uses accessory to discretionary uses
(4)
Requirements
(a)
Relating to Single Family Dwellings - same as in the R-1a District
(c)
Relating to Apartments - same as in the R-3 District
(d)
Relating to Commercial uses:
(i)
Minimum Lot Area: 140 sq. m (1507 sq. ft.)
(ii)
Minimum Lot Width: 4.5 m (14.75 ft.)
(e)
Minimum Yard Requirements:
(i)
Front yard
A.
None, subject to the regulations of Subsection (5)
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B.
Notwithstanding A. above, the Development Authority may
require a setback in order to conform to existing adjacent
development.
(ii)
Side yard
A.
If the subject lot is bounded on both sides by land classified C1,
no side yard shall be required. If no side yard is provided, the
regulations of Subsection (5) below shall apply.
B.
If the subject lot is bordered by a lot in a Residential District, the
minimum side yard required shall be 2.5 m (8.2 ft.) or one-
half the height of the highest building on the lot, whichever is
the greater, shall be required.
(f)
Maximum Lot Coverage - 80%, provided that provisions have been made for
on-site parking, loading, storage and waste disposal to the satisfaction of the
Development Authority.
(g)
No development shall be allowed that will, in any way and in the sole opinion
of the Development Authority, become obnoxious by way of noise, odour, dust,
or fumes.
(h)
Design, Character and Appearance of Buildings:
(i)
Buildings may be either of new construction or moved in. Exterior finish
to be wood, metal or similar siding, brick or stucco to the satisfaction of
the Development Authority.
(ii)
All accessory structures shall be factory pre-fabricated units, or of a
quality equivalent thereto, so that the appearance, design and
construction will complement the main building.
(5)
Regulations Where No Yard is Provided
(a)
Where developments are proposed which are permitted to have no yard, the
other regulations of the District in which the development is proposed shall
apply.
(b)
Prior to the approval of any development with no yard, plans showing
grading and drainage on adjacent sites must be submitted and must be
deemed acceptable to the Development Authority
(c)
Easements Required
(i)
Where no yard is permitted, an easement shall be provided on the lot
abutting that yard for the maintenance of all main and accessory
buildings and for any overhang of main or accessory buildings onto
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that adjacent lot. The Development Authority may require that an
easement be registered against the title of the affected lot.
(ii)
Subsection (i) does not apply where adjacent owners are permitted
pursuant to this Bylaw to construct buildings or accessory buildings
(including garages) which are attached at the lot boundary or which
face each other at the lot boundary.
(iii)
Where an accessory building is permitted to have no yard abutting
a lot, the applicant will be responsible for the negotiation and
registration of any easements required pursuant to Subsection
(5)(c)(i) prior to the issuance of a development permit for the subject
development.
9.6 C2 - Highway Commercial District
(1)
General Purpose
The general purpose of this District is to allow for a wide variety of commercial uses
which are generally oriented towards the travelling public and somewhat more land
extensive.
(2)
Permitted Uses
(a)
Amusement establishments, indoor
(b)
Amusement establishments, outdoor
(c)
Animal hospitals
(d)
Business support service establishments
(e)
Cemetery
(f)
Contractor service, limited
(g)
Car washes
(h)
Drive-in restaurants
(i)
Eating and drinking establishment
(j)
Extensive agriculture
(k)
General retail establishments
(l)
Government services
(m)
Greenhouses
(n)
Health services
(o)
Highway commercial uses
(p)
Hotels
(q)
Household repair services
(r)
Indoor recreation facility
(s)
Libraries and cultural exhibits
(t)
Motels
(u)
Office uses
(v)
Personal service shops
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(w)
Protective and emergency services
(x)
Public parks
(y)
Religious assemblies
(z)
Relocated buildings
(aa)
Restaurants
(bb)
Service stations and gas bars
(cc)
Shopping centres
(dd)
Solar energy collection system
(ee)
Wind energy collection system, micro
(ff)
Buildings and uses accessory to permitted uses
(3)
Discretionary Uses
(a)
Auctioneering establishments
(b)
Automotive and equipment repair shops
(c)
Automotive and recreational vehicle sales/rentals establishments
(d)
Bulk fuel storage and sales
(e)
Bus depots
(f)
Cannabis Retail Sales
(g)
Contractor services, general
(h)
Day cares
(i)
Drive-in businesses
(j)
Entertainment establishments
(k)
Equipment rental establishments
(l)
Head shop
(m)
Institutional uses
(n)
Liquor stores
(o)
Private clubs
(p)
Public or quasi-public buildings
(q)
Public or quasi-public uses
(r)
Public utilities
(s)
Public utility buildings
(t)
Recreational vehicle parks
(u)
Residential uses located in the same building as a permitted or discretionary use
(v)
Sea cans
(w)
Service stations
(x)
Surveillance suite (maximum of one per lot)
(y)
Trucking and cartage establishments
(z)
Vehicle repair establishments
(aa)
Veterinary clinics
(bb)
Warehouse sales establishments
(cc)
Wind energy collection system, small
(dd)
Other uses which are, in the opinion of the Development Authority, similar to
the above-listed permitted and discretionary uses
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(ee)
Buildings and uses accessory to discretionary uses
(4)
Requirements
(a)
Minimum Lot Area: 232.3 sq. m (2500 sq. ft.)
(b)
Minimum Lot Width: 7.62 m (25 ft.)
(c)
Minimum Yard Requirements:
(i)
Front yard - 15.0 m (49.8 ft.), except that the Development Authority
may increase or decrease this requirement, at his discretion, depending
on the site and use characteristics and whether parking and loading
requirements are to be met on site. If no front yard is provided, the
regulations of Section 9.6(5) shall apply.
(ii)
Rear yard - 6.0 m (19.7 ft.), except that upper levels of the building may
extend to the rear line, and further excepting that the minimum rear yard
on any lot adjacent to a Residential District shall be 7.5 m (24.6 ft.) at
all levels. If no rear yard is provided, the regulations of Section 7.4(4)
shall apply.
(iii)
Side yard
A.
If the subject lot is bounded on both sides by land classified C1
C2 or C3, no side yard shall be required.
B.
If the subject lot is bordered by a lot in a Residential District, the
minimum side yard required shall be 2.5 m (8.2 ft.) or one-half
the height of the highest building on the lot, whichever is the
greater, shall be required. If no side yard is provided, the
regulations of Section (5) shall apply.
(d)
Maximum Lot Coverage - 70%, provided that provision has been made for on-
site parking, loading, storage and waste disposal to the satisfaction of the
Development Authority.
(e)
No development shall be allowed that will, in any way and in the sole opinion
of the Development Authority, become obnoxious by way of noise, odour, dust,
or fumes.
(f)
Design, Character and Appearance of Buildings:
(i)
Buildings may be either of new construction or moved in. Exterior finish
to be wood, metal or similar siding, brick or stucco to the satisfaction of
the Development Authority.
(ii)
All accessory structures shall be factory pre-fabricated units, or of a
quality equivalent thereto, so that the appearance, design and
construction will complement the main building.
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(g)
Maximum height - at the discretion of the Development Authority
(h)
Access
The number and design of any access provided from a lot to a road or lane
shall be to the satisfaction of the Development Authority.
(5)
Regulations Where No Yard is Provided
(a)
Where developments are proposed which are permitted to have no yard, the
other regulations of the District in which the development is proposed shall
apply.
(b)
Prior to the approval of any development with no yard, in addition to the
submission requirements of Section 11 of this Bylaw, plans showing grading
and drainage on adjacent sites must be submitted and must be deemed
acceptable to the Development Authority
(6)
Easements Required
(a)
Where no yard is permitted, an easement shall be provided on the lot
abutting that yard for the maintenance of all main and accessory buildings
and for any overhang of main or accessory buildings onto that adjacent lot.
The Development Authority may require that an easement be registered
against the title of the affected lot.
(b)
Subsection (a) does not apply where adjacent owners are permitted pursuant
to this Bylaw to construct main buildings or accessory buildings (including
garages) which are attached at the lot boundary or which face each other at
the lot boundary.
(c)
Where an accessory building is permitted to have no yard abutting a lot, the
applicant will be responsible for the negotiation and registration of any
easements required pursuant to Subsection (6)(a) prior to the issuance of a
development permit for the subject development.
9.7 C3 - General Commercial District
(1)
General Purpose
The general purpose of this District is to allow for a wide variety of commercial uses
which are somewhat more land extensive.
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(2)
Permitted Uses
(a)
Amusement establishments, indoor
(b)
Amusement establishments, outdoor
(c)
Animal hospitals
(d)
Auctioneering establishments
(e)
Business support service establishment
(f)
Car washes
(g)
Cemetery
(h)
Contractor service, limited
(i)
Car washes
(j)
Drive-in restaurants
(k)
Eating and drinking establishment
(l)
Extensive agriculture
(m)
General retail establishments
(n)
Government services
(o)
Greenhouses
(p)
Health services
(q)
Highway commercial uses
(r)
Household repair services
(s)
Indoor recreation facility
(t)
Libraries and cultural exhibits
(u)
Motels
(v)
Office uses
(w)
Personal service shops
(x)
Protective and emergency services
(y)
Public parks
(z)
Religious assemblies
(aa)
Relocated buildings
(bb)
Restaurants
(cc)
Sea cans
(dd)
Service stations and gas bars
(ee)
Shopping centres
(ff)
Solar energy collection system
(gg)
Truck wash
(hh)
Wind energy collection system, micro
(ii)
Buildings and uses accessory to permitted uses
(3)
Discretionary Uses
(a)
Automotive and equipment repair shops
(b)
Automotive and recreational vehicle sales/rentals establishments
(c)
Bulk fuel storage and sales
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(d)
Bus depots
(e)
Cannabis Retail Sales
(f)
Contractor services, general
(g)
Day cares
(h)
Drive-in businesses
(i)
Entertainment establishments
(j)
Equipment rental establishments
(k)
Head shop
(l)
Heavy truck and equipment storage
(m)
Hotels
(n)
Industrial vehicle and equipment sales/rentals establishments
(o)
Institutional uses
(p)
Kennels
(q)
Liquor stores
(r)
Livestock sales yard
(s)
Outdoor storage
(t)
Private clubs
(u)
Public or quasi-public buildings
(v)
Public or quasi-public uses
(w)
Public utilities
(x)
Public utility buildings
(y)
Recreational vehicle parks
(z)
Recreational vehicle storage
(aa)
Recycling depots
(bb)
Sea cans
(cc)
Service stations
(dd)
Surveillance suite (maximum of one per lot)
(ee)
Trucking and cartage establishments
(ff)
Vehicle repair establishments
(gg)
Veterinary clinics
(hh)
Warehouse sales establishments
(ii)
Wind energy collection system, small
(jj)
Other uses which are, in the opinion of the Development Authority, similar to
the above-listed permitted and discretionary uses
(kk)
Buildings and uses accessory to discretionary uses
(4)
Requirements
(a)
Minimum Lot Area: 232.3 sq. m (2500 sq. ft.)
(b)
Minimum Lot Width: 7.62 m (25 ft.)
(c) Minimum Yard Requirements:
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(i)
Front yard - 15.0 m (49.8 ft.), except that the Development Authority
may increase or decrease this requirement, at their discretion, depending
on the site and use characteristics and whether parking and loading
requirements are to be met on site. If no front yard is provided, the
regulations of Section 7.4(4) shall apply.
(ii)
Rear yard - 6.0 m (19.7 ft.), except that upper levels of the building may
extend to the rear line, and further excepting that the minimum rear yard
on any lot adjacent to a Residential District shall be 7.5 m (24.6 ft.) at
all levels. If no rear yard is provided, the regulations of Section 7.4(4)
shall apply.
(iii)
Side yard
A.
If the subject lot is bounded on both sides by land classified C1
C2 or C3, no side yard shall be required.
B.
If the subject lot is bordered by a lot in a Residential District, the
minimum side yard required shall be 2.5 m (8.2 ft.) or one-half
the height of the highest building on the lot, whichever is the
greater, shall be required. If no side yard is provided, the
regulations of Section (5) shall apply.
(d)
Maximum Lot Coverage -70%, provided that provision has been made for on-
site parking, loading, storage and waste disposal to the satisfaction of the
Development Authority.
(e)
No development shall be allowed that will, in any way and in the sole opinion
of the Development Authority, become obnoxious by way of noise, odour, dust,
or fumes.
(f)
Design, Character and Appearance of Buildings:
(i)
Buildings may be either of new construction or moved in. Exterior finish
to be wood, metal or similar siding, brick or stucco to the satisfaction of
the Development Authority.
(ii)
All accessory structures shall be factory pre-fabricated units, or of a
quality equivalent thereto, so that the appearance, design and
construction will complement the main building.
(g)
Maximum height - at the discretion of the Development Authority
(h)
Access
The number and design of any access provided from a lot to a road or lane
shall be to the satisfaction of the Development Authority.
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(i)
Extensive Agricultural uses shall not be offensive in nature, and shall
not include the breeding and raising of livestock of any kind.
(5)
Regulations Where No Yard is Provided
(a)
Where developments are proposed which are permitted to have no yard, the
other regulations of the District in which the development is proposed shall
apply.
(b)
Prior to the approval of any development with no yard, in addition to the
submission requirements of Section 4 of this Bylaw, plans showing grading
and drainage on adjacent sites must be submitted and must be deemed
acceptable to the Development Authority
(6)
Easements Required
(a)
Where no yard is provided, an easement shall be provided on the lot abutting
that yard for the maintenance of all main and accessory buildings and for
any overhang of main or accessory buildings onto that adjacent lot. The
Development Authority may require that an easement be registered against
the title of the affected lot.
(b)
Subsection (a) does not apply where adjacent owners are permitted pursuant
to this Bylaw to construct main buildings or accessory buildings (including
garages) which are attached at the lot boundary or which face each other at
the lot boundary.
(c)
Where an accessory building is permitted to have no yard abutting a lot, the
applicant will be responsible for the negotiation and registration of any
easements required pursuant to Subsection (6)(a) prior to the issuance of a
development permit for the subject development.
9.8 M1 - Industrial District
(1)
General Purpose
The general purpose of this District is to provide for industrial activities in the Town.
No industrial development shall take place which may have a detrimental effect on the
municipality or its environment.
(2)
Permitted Uses
(a)
Auctioneering establishments
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(b)
Automotive and equipment repair shops
(c)
Automotive and recreational vehicle sales and rentals
(d)
Cemeteries
(e)
Contractor services, limited
(f)
Contractor services, general
(g)
Equipment rental establishments
(h)
Green houses
(i)
Industrial uses, light
(j)
Intensive agriculture
(k)
Institutional uses
(l)
Livestock sales yard
(m)
Office uses
(n)
Protective and emergency services
(o)
Public or quasi-public buildings
(p)
Public or quasi-public uses
(q)
Public utilities
(r)
Public utility buildings
(s)
Sea cans
(t)
Service stations and gas bars
(u)
Shops
(v)
Solar energy collection systems
(w)
Wind energy conversion systems, small
(x)
Buildings and uses accessory to permitted uses
(3)
Discretionary Uses
(a)
Agricultural industries
(b)
Bulk fuel storage and sales
(c)
Drive-in businesses, but not including drive-in restaurants
(d)
Heavy truck and equipment storage
(e)
Indoor recreation facility
(f)
Industrial vehicle and equipment sales/rentals establishments
(g)
Industrial uses, medium
(h)
Kennels
(i)
Outdoor storage
(j)
Pipe and equipment storage yards
(k)
Recycling depot
(l)
Salvage yards and/or auto wreckers
(m)
Sewage lagoons and other sewage treatment facilities
(n)
Surveillance suite (maximum of one per lot)
(o)
Trucking and cartage establishments
(p)
Truck washes
(q)
Vehicle repair establishments
(r)
Warehouse sales
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(s)
Wind energy conversion systems, small
(t)
Other uses which are, in the opinion of the Development Authority, similar to
the above-listed permitted and discretionary uses
(u)
Buildings and uses accessory to discretionary uses
(4)
Requirements
(a)
Minimum Lot Area - as required by the Development Authority
(b) Minimum Yards:
(i)
Front - 6.0 m (19.7 ft.), except that the Development Authority may
increase this requirement, at his discretion, depending on the site and
use characteristics and whether parking and loading requirements
are to be met on site. No area for parking, loading or storage, or any
other like purpose, other than parking for visitors, shall be permitted
within 6.0 m (19.7 ft.) of the minimum front yard.
(ii)
Side - none, provided the regulations of Section 9.8(5) below apply.
Where a side yard is provided, it shall not be less than 6.0 m (19.7
ft.) on one side and 1.5 m (4.9 ft.) on the other for that part of a
building up to 4.5 m (14.8 ft.) high. For that part of a building
exceeding 4.5 m (14.8 ft.) in height, the minimum side yard shall be
0.3 ft. (1.0 ft.) for every metre of height, to a maximum yard
requirement of 6.0 m (19.7 ft.).
(iii)
Rear - 9.0 m (29.5 ft.), or as required by the Development Authority.
(c)
Maximum lot coverage - 60%
(d)
Maximum height - at the discretion of the Development Authority
(e)
Access
Each separate use or lot shall have accesses to any road designed to the
satisfaction of the Development Authority having regard to continuity of
traffic flow, the safety of vehicles, the avoidance of dangerous intersections,
use, and lot configuration
(f)
Storage
(i)
Outdoor storage shall be permitted only when accessory to a
permitted or discretionary use.
(ii)
Any storage area shall be screened to the height considered
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necessary by the Development Authority to screen the storage of
goods or 'materials.
9.9 US - Urban Services District
(1)
General Purpose
The general purpose of this District is to allow the use of land for service, mainly of a
public nature, which has a primary orientation to the community. Land within the US
District will normally be owned by the municipality or other government agency.
(2)
Permitted Uses
(a)
Assisted living facilities
(b)
Cemeteries
(c)
Day care facilities
(d)
Indoor recreation facility
(e)
Institutional uses
(f)
Extensive recreation
(g)
Government services
(h)
Library or cultural exhibit
(i)
Natural areas
(j)
Office uses
(k)
Protective and emergency services
(l)
Public parks
(m)
Public or quasi-public buildings
(n)
Public or quasi-public uses
(o)
Public utilities
(p)
Public utility buildings
(q)
Buildings and uses accessory to permitted uses
(3)
Discretionary Uses
(a)
Amusement establishments, indoor
(b)
Amusement establishments, outdoor
(c)
Group care facilities
(d)
Private clubs
(e)
Public uses
(f)
Public or quasi-public buildings
(g)
Public or quasi-public uses
(h)
Public utilities
(i)
Other uses which are, in the opinion of the Development Authority, similar to
the above-listed permitted and discretionary uses
(j)
Buildings and uses accessory to discretionary uses
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(4)
Requirements
All requirements shall be as required by the Development Authority.
9.10 DC - Direct Control District
(1)
General Purpose
This District is generally intended to establish an area which is to be developed with
the specific control of Council. The detailed plans are to propose standards not found
within any other District but which will provide sufficient information to the Council
so that they, acting as the Development Authority in the making of decisions on
development permits, can make a decision with respect to the development.
(2)
Permitted Uses
(a)
None
(3)
Discretionary Uses
(a)
Commercial uses
(b)
Industrial uses
(c)
Residential uses
(d)
Semi-public uses
(e)
Buildings and uses accessory to discretionary uses
(4)
Application for a Development Permit
(a)
In addition to the requirements of Section 3.4 of this Bylaw, an application
for a development permit within this District may, at the discretion of the
Council, be required to include:
(i)
a comprehensive plan of development for a site which may contain
the following information:
A.
the location of all proposed buildings,
B.
elevations and architectural treatment of all buildings or
structures,
C.
the number and type of dwelling units,
D.
the amount of non-residential space and description of
proposed non-residential uses,
E.
the location of all accesses: vehicular, pedestrian and
emergency to site and buildings,
F.
a plan of the internal vehicular and pedestrian circulation
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systems, and the integration of this with the local pedestrian
circulation system. This should include an
estimate of traffic generation and distribution patterns
outside the project area,
G.
the location, capacity and treatment of all parking areas,
H.
the location of all existing trees, with an explanation of
which trees are to be removed and why it is necessary to
remove them. As well, plans for tree relocation and/or
replacement should be included,
I.
the location and function of all open space and identification
of open space outside of the actual development that it is
anticipated the residents of the project will use,
J.
all yards, site coverage, site areas, floor areas, sizes of lots,
number of parking stalls,
K.
the location and extent of all utility services, and
L.
a scale model of plan showing the proposed development
and its relationship to surrounding developments; and
(ii)
a detailed narrative statement containing:
A.
an explanation of the intent of the project,
B.
the features and details of the project development,
C.
the features of the project which make it desirable to the
general public and the surrounding areas. This is to include
an evaluation of how the project will help to meet the present
and projected needs of the community as a whole,
D.
anticipated scheduling and sequence of development for the
plan,
E.
an economic analysis of the proposal's anticipated impact on
the municipality,
F.
the forms of ownership involved in the development and a
breakdown of same by area and number of units,
G.
where the project includes low-cost and/or innovative
housing, estimated market price of the units, together with a
statement of any government programs under which this
project is being done, if any. It is noted that "low cost" is not
interpreted meaning low income housing but rather housing
covering the full income range of the market but less
expensive than comparable conventional dwellings,
H.
clear identification of all elements of the plan considered
innovative and sufficient supportive material to establish the
characteristics and extent of these innovations,
I.
justification of each innovation in terms of its importance to
the total concept, the benefits to be derived from its
implementation, its impact on the provision of services and
amenities and its desirability to the general public,
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J.
those sections of municipal and Provincial regulations,
legislation and bylaws which will have to be waived to allow
for the innovations,
K
a delineation of the area of immediate and ongoing
responsibility in the development. The elements of the
proposed project to be developed and maintained by the
developer/applicant,
home
owner,
and/or
municipal
authorities are to be outlined. This would include the initial
servicing, and roadway construction and maintenance of the
site after completion,
L.
the mechanisms by which conformity to the plan as
submitted will be ensured. This would normally be done
through a combination of covenants, caveats, easements,
service agreements and performance bonds. In particular,
easements must be provided to allow the residents and
municipality free access to those structures, open spaces and
roads for which they will be responsible. The costs arising
from such items will be borne by the developer/applicant,
M.
the legal interest of the applicant in the proposal and a legal
description of the subject properties,
N.
the present land use of the subject properties and existing
land uses or land use designation, and
O.
school generation and population density statistics for the
area.
(b)
Before considering a decision, the Council, acting as Development
Authority, may request any additional information which he may deem
necessary to be included. Further, the Council may waive or postpone the
requirement of any of the above items where circumstances, in their opinion,
make it advisable.
(c)
In deciding the suitability of a proposed development and any conditions
that may be imposed as conditions of approval, the Council shall decide each
case on its own merits, but take into account among other things, the
following factors:
(i)
the degree to which the project fulfills the stated intent and its overall
value to the Town and the general public;
(ii)
any innovation that will unduly compromise safety standards will
not be acceptable;
(iii)
the relationships of buildings, structures and open spaces related to
any residential development;
(iv)
relationship of type and siting of buildings and structures to
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Town of Legal
maximize the utilization of private amenity spaces;
(v)
utilization of and integration with natural features (trees, elevations,
etc.);
(vi)
the provision of a choice of housing types;
(vii)
the provisions of community oriented facilities;
(viii) the provision of adequate parking and vehicular circulation;
(ix)
the provision and subsequent effectiveness of landscaped passive
and active open space;
(x)
the heights and architectural treatment of all buildings and structures;
(xi)
the relationship of the buildings to the present and proposed
circulation patterns;
(xii)
the relationship of the development to surrounding development
(schools etc.);
(xiii) the feasibility of servicing the proposed project; and
(xiv) any Outline Plan or Area Structure Plan, or any other approved
development plans for the area.
9.11 UR - Urban Reserve District
(1)
General Purpose
The general purpose of this District is to reserve lands for future community growth
and development.
(2)
Permitted Uses
(a)
Extensive agriculture
(b)
Buildings and uses accessory to permitted uses
(3)
Discretionary Uses
(a)
Extensive recreation
(b)
Intensive agriculture, but not including kennels
(c)
Greenhouses
(d)
Kennels
(e)
Parks and playgrounds
(f)
Public or quasi-public buildings
(g)
Public or quasi-public uses
(h)
Public utilities
(i)
Any temporary use or building which, in the opinion of the Development
Authority, will not prejudice the possibility of conveniently and economically
re-subdividing or developing the area in the future at urban densities.
(j)
Other uses which are, in the opinion of the Development Authority, similar to
the above-listed permitted and discretionary uses
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(k)
Buildings and uses accessory to discretionary uses
(4)
Requirements
(a)
The minimum lot area shall be 8 ha (20 ac.), or as required by the Development
Authority.
(b)
Minimum Yard Requirements:
(i)
Front yard - 7.5 m (24.6 ft.)
(ii)
Side yard - 7.5 m (24.6 ft.)
(iii)
Rear yard - 7.5 m (24.6 ft.)
(c)
The maximum height of any building or structure shall be 10 m (32.8 ft.),
except in the case of buildings accessory to farming and the cultivation of
land other than dwellings.
.
(d)
Other Requirements:
(i)
Extensive Agricultural uses shall not be offensive in nature, and shall
not include the breeding and raising of livestock of any kind.
(ii)
Any permit issued at the discretion of the Development Authority for a
temporary use shall be for the period of up to a year only, or for a
specified length of time to ensure that the use does not adversely affect
future subdivision, servicing and urban development of such lands.
Applications to extend the temporary use for a period of a year may be
considered at the discretion of the Development Authority.
(iii)
No subdivision of lands in this District shall be permitted unless the
lot is reclassified to another District.
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