Bylaw 24-007 - Land Use Bylaw
Lethbridge County, Alberta
· adopted 2024-04-01
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LAND USE BYLAW
No. 24-007
April 2024
(Consolidated to Bylaw No. 26-006, April 2026)
Prepared for Lethbridge County
in collaboration by
© 2024 Oldman River Regional Services Commission
Lethbridge County Land Use Bylaw No. 24-007 Amendments - Page 1
Lethbridge County Land Use Bylaw No. 24-007 - Amendments
Bylaw No.
Amendment Description
Legal Description
Passed
23-022
"Urban Fringe (UF)" to "Direct Control (DC)"
"Urban Fringe (UF)" to "Group Country Residential
(GCR)"
Portions of SE 1-9-21-W4M
1-Aug-24
24-003
"Urban Fringe (UF)" to "Grouped Country Residential
(GCR)" and "Business Light Industrial (BLI)"
Portions of Plan 899AA, Block A , Plan 899AA,
Block 7, Lots 1-2 and Plan 899AA, Block 6, Lots
31-32
16-May-24
24-010
"Urban Fringe (UF)" to "Direct Control (DC)"
Portion of SE 3-9-20-W4
18-July-24
24-012
"Direct Control (DC)" to "Direct Control (DC)"
Plan 1410983, Block 1, Lot 2 of NE 33-7-20-
W4M
1-Aug-24
24-015
"Rural Agriculture (RA)" to "Rural Recreational (RR)"
Portions of SW 1-10-22-W4M (south of
Highway 25)
3-Oct-24
24-016
"Rural Agriculture (RA)" to "Rural General Industrial
(RGI)"
Lot 1, Block 1, Plan 90110551 of SE 30-9-33-
W4M
21-Nov-24
24-017
"Direct Control" to "Direct Control"
Lot 3, Block 2, Plan 1711734 of SW 14-9-22-
W4M
21-Nov-24
Annexation - Order in Council 361/2024
January 1, 2025
24-018
"Urban Fringe" to "Rural General Industrial"
82028 RGE RD 210 (SE-13-8-24-W4M)
19-Dec-24
24-020
"Grouped Country Residential" to "Urban Fringe"
Plan 0210532, Block 2, Lot 2
19-Dec-24
24-021
"Rural Agriculture (RA)" to "Grouped Country
Residential (GCR)"
80028 RGE RD 205 (SE 6-5-20-W4M)
24-Jan-25
25-007
"Urban Fringe (UF)" to "Hamlet Industrial (HI)
Plan 19107 49, Block 1, Lot 9
1-May-25
25-009
"Grouped Country Residential (GCR)" to "Urban Fringe
(UF)
Plan 2210953, Block 2, Lot 2
1-May-25
25-010
"Urban Fringe (UF)" to "Direct Control (DC)"
Portion of SW 30-8-22-W4M, Portion of NW
30-8-22-W4M, and Portion of NE 25-8-23-
W4M
1-May -25
25-016
"Rural Agriculture" to "Rural Industrial"
Portion of NW-3-10-22-W4M
10-July-25
25-018
"Urban Fringe (UF)" to "Rural General Industrial (RGI)"
Plan 1113171, Block 1 Lot 5
4-Sept-2025
25-019
"Rural Agriculture (RA)" to "Rural General Industrial
(RGI)"
Approximate 2.0 ace portion of a title legally
described as "Those portions of legal
subdivision three (3) and four (4) in the SW ¼
35-9-22-W4M which lie north west of Rail
Right of Way on Plan RW1889 containing 10.4
ha (25.81 Aces) more or less".
18-Sept-2025
25-020
"Urban Fringe (UF)" to "Direct Control (DC)"
Plan 1311166, Block 2, Lot 1
18-Sept-2025
25-023
"Rural Agriculture (RA)" to "Direct Control (DC)"
Plan 9910323, Block 1, Lot 2
18-Dec-2025
25-024
"Rural Agriculture (RA)" to "Grouped Country
Residential (GCR)"
Plan 8710514, Block 1, Lot 4
18-Dec-2025
25-025
"Grouped Country Residential (GCR)" to "Direct Control
(DC)"
Descriptive Plan 9312230, Block 1, Lot 1
15-Jan-2026
25-027
"Direct Control (DC) (Bylaw 23-022) to "Direct Control
(DC)"
Portion of SE 1-9-21-W4M
15-Jan-2026
Lethbridge County Land Use Bylaw No. 24-007 Amendments - Page 2
25-029
Amend Part 1 Administrative sections 39 to 37 and 54
regarding development permit procedures.
5-Feb-2026
25-028
Amend Part 8 Subdivision Criteria to update policies,
criteria, and standards regarding the subdivision of
land.
Amend Part 3 Land Use Districts and Regulations to
align with the described parcel sizes with the Part 8
Subdivision Criteria updates.
Add Legacy Yard Site to Part 9 Definitions
2-Apr-2026
26-006
Addition of Solar Energy Commercial (SEC) Overlay
District to Part 3 Land Use Districts and Regulations.
Amend Part 7 Alternative/Renewable Energy
Developments to align large-scale solar collector facility
requirements with the Part 3 amendments.
Amend Part 9 Definitions to update the definitions for
Solar Energy Collector Facility and Battery Energy
Storage System (BESS) Commercial.
Add the Solar Energy Commercial (SEC) Overlay District
Portion of SW 36-7-22-W4M
SE 36-7-22-W4M
SW 31-7-21-W4M
Portion of NE 25-7-22-W4M
NW 30-7-21-M
NE 30-7-21-W4M
SE 31-7-21-W4M
Portion of SW 30-7-21-W4M
SE 30-7-21-W4M
2-Apr-2026
Land Use Bylaw No. 24-007
Table of Contents | i
TABLE OF CONTENTS
PART 1
ADMINISTRATIVE
ENACTMENT
1.
Title ......................................................................................................... PART 1 | 1
2.
Date of Commencement ......................................................................... PART 1 | 1
3.
Repeal of Former Land Use Bylaw .......................................................... PART 1 | 2
4.
Definitions ............................................................................................... PART 1 | 2
5.
Metric Measurements and Standards .................................................... PART 1 | 2
6.
Rules of Interpretation ............................................................................ PART 1 | 2
7.
Parts, Maps and Appendices .................................................................. PART 1 | 2
8.
Compliance With and Contravention of the Land Use Bylaw ................. PART 1 | 3
APPROVING AUTHORITIES
9.
Subdivision Authority .............................................................................. PART 1 | 3
10. Development Authority .......................................................................... PART 1 | 3
11. Subdivision and Development Appeal Board (SDAB) ............................. PART 1 | 4
SUBDIVISION AND DEVELOPMENT IN GENERAL
12. Land Use Districts ................................................................................... PART 1 | 4
13. Development Not Requiring A Development Permit ............................. PART 1 | 5
14. Development in Municipality Generally ................................................. PART 1 | 5
15. Non-Conforming Buildings and Uses ...................................................... PART 1 | 5
16. Development on Non-Conforming Sized Lots ........................................ PART 1 | 5
17. Non-Conforming Use Variances .............................................................. PART 1 | 5
18. Number of Dwellings on a Lot ................................................................ PART 1 | 6
19. Municipal Approval for Encroachments .................................................. PART 1 | 6
20. Suitability of Sites .................................................................................... PART 1 | 6
21. Contaminated Lands and Brownfield Development ............................... PART 1 | 7
22. Minimum Distance Separation Calculations ........................................... PART 1 | 8
23. Architectural Controls ............................................................................. PART 1 | 8
DEVELOPMENT PERMIT APPLICATIONS - RULES AND PROCEDURES
24. Development Permit Applications .......................................................... PART 1 | 8
25. Additional Information Requirements .................................................. PART 1 | 10
26. Incomplete Development Permit Applications ..................................... PART 1 | 10
27. Failure to Make a Decision - Deemed Refusal ...................................... PART 1 | 11
28. Processing Permitted Use Applications ................................................ PART 1 | 11
29. Processing Discretionary Use Applications ........................................... PART 1 | 12
Table of Contents | ii
Land Use Bylaw No. 24-007
30. Applications Requesting Waivers of Bylaw Provisions .......................... PART 1 | 12
31. Similar Uses ............................................................................................ PART 1 | 13
32. Change of Use ........................................................................................ PART 1 | 13
33. Notification of Persons Likely to be Affected ....................................... PART 1 | 14
34. Prohibited Uses ..................................................................................... PART 1 | 14
35. Temporary Uses .................................................................................... PART 1 | 14
36. Direct Control Districts .......................................................................... PART 1 | 15
37. Development Permit Notification ......................................................... PART 1 | 15
ADDITIONAL CONDITIONS
38. Development Agreements .................................................................... PART 1 | 16
39. Conditions to Provide Security ............................................................. PART 1 | 17
40. Off-Site Levies and Development Fees ................................................. PART 1 | 17
41. Occupancy Permit Obligations .............................................................. PART 1 | 17
DEVELOPMENT PERMIT VALIDITY AND TRANSFERABILITY
42. Reapplication ........................................................................................ PART 1 | 17
43. Development Commencement/Permit Validity ................................... PART 1 | 18
44. Permit Transferability ........................................................................... PART 1 | 18
45. Suspension of a Development Permit .................................................. PART 1 | 19
46. Withdrawing a Development Permit or Approval ................................ PART 1 | 19
47. Amendment of a Development Permit Application ............................. PART 1 | 20
APPEALS
48. Development Appeals ........................................................................... PART 1 | 21
49. Subdivision Decision Appeals ................................................................ PART 1 | 21
ENFORCEMENT
50. Notice of Violation ................................................................................ PART 1 | 21
51. Stop Order ............................................................................................. PART 1 | 21
52. Enforcement of Stop Orders ................................................................. PART 1 | 22
53. Penalties and Right of Entry................................................................... PART 1 | 22
AMENDMENTS
54. Amendments to the Land Use Bylaw .................................................... PART 1 | 23
55. Land Use Redesignation Application Requirements ............................. PART 1 | 23
56. Reapplication ........................................................................................ PART 1 | 24
57. Rescinding Land Use Redesignations Amending Bylaws ...................... PART 1 | 24
58. Notification to Adjacent Municipalities ................................................ PART 1 | 25
59. Subdivision Applications ....................................................................... PART 1 | 25
60. Incomplete Subdivision Applications .................................................... PART 1 | 26
Land Use Bylaw No. 24-007
Table of Contents | iii
PART 2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ..................... PART 2 | 1
PART 3
LAND USE DISTRICTS AND REGULATIONS
1.
Land Use Districts ................................................................................... PART 3 | 1
2.
Land Use Districts Maps .......................................................................... PART 3 | 1
LAND USE DISTRICTS REGULATIONS
RURAL AGRICULTURE - RA ....................................................................... PART 3 (RA) | 1
URBAN FRINGE - UF ................................................................................. PART 3 (UF) | 1
GROUPED COUNTRY RESIDNTIAL - GCR ............................................... PART 3 (GCR) | 1
RURAL GENERAL INDUSTRIAL - RGI ....................................................... PART 3 (RGI) | 1
BUSINESS LIGHT INDUSTRIAL - BLI .......................................................... PART 3 (BLI) | 1
RURAL COMMERCIAL - RC ....................................................................... PART 3 (RC) | 1
RURAL RECREATIONAL - RR ..................................................................... PART 3 (RR) | 1
HAMLET RESIDENTIAL - HR ..................................................................... PART 3 (HR) | 1
HAMLET COMMERCIAL - HC ................................................................... PART 3 (HC) | 1
HAMLET INDUSTRIAL - HI .......................................................................... PART 3 (HI) | 1
HAMLET PUBLIC / INSTITUTIONAL - HP/I .............................................. PART 3 (HP/I) | 1
HAMLET DIRECT CONTROL - HDC ......................................................... PART 3 (HDC) | 1
HAMLET TRANSITIONAL / AGRICULTURAL - HT/A ............................... PART 3 (HT/A) | 1
DIRECT CONTROL - DC ............................................................................. PART 3 (DC) | 1
DIRECT CONTROL DISTRICTS AND ADOPTING BYLAWS
LAND USE OVERLAY DISTRICTS REGULATIONS
SOLAR ENERGY COMMERCIAL - SEC ...................................................... PART 3 (SEC) | 1
PART 4
GENERAL LAND USE PROVISIONS
A. STANDARDS OF DEVELOPMENT
1.
Quality of Development .......................................................................... PART 4 | 1
2.
Building Design, Character and Appearance .......................................... PART 4 | 1
3.
Exterior Building Finishes ........................................................................ PART 4 | 1
4.
Pre-Planned Development ...................................................................... PART 4 | 2
5.
Number of Dwellings On A Lot ................................................................. PART 4 | 2
6.
Sub-Standard Lots ................................................................................... PART 4 | 3
7.
Corner Lot Restrictions in Hamlets ......................................................... PART 4 | 4
8.
Multiple Front Yard Provision ................................................................. PART 4 | 4
9.
Exposed Foundations .............................................................................. PART 4 | 5
10. Refuse Collection and Storage ................................................................ PART 4 | 5
Table of Contents | iv
Land Use Bylaw No. 24-007
11. Fences in Residential Areas .................................................................... PART 4 | 5
12. Fences, Trees and Shelter Belts in Rural Areas ....................................... PART 4 | 6
13. Decks and Amenity Spaces ..................................................................... PART 4 | 7
14. Building Setbacks .................................................................................... PART 4 | 8
15. Minimum Setbacks for Uses Involving Livestock or Animals .................. PART 4 | 9
16. Minimum Setbacks from Roadways ....................................................... PART 4 | 9
17. Dugouts ................................................................................................... PART 4 | 9
18. Access .................................................................................................... PART 4 | 10
19. Access To and Development Near Provincial Highways ....................... PART 4 | 11
20. Driveways .............................................................................................. PART 4 | 11
21. Demolition ............................................................................................ PART 4 | 11
22. Excavations ........................................................................................... PART 4 | 12
23. Utility Easements .................................................................................. PART 4 | 13
24. Pipeline and Other Utility Corridor Setbacks ........................................ PART 4 | 13
25. Landscaping and Screening ................................................................... PART 4 | 13
26. Drainage, Site Grading and Retaining Walls ......................................... PART 4 | 16
27. Low Impact Development (LID) ............................................................ PART 4 | 17
28. Services, Transportation and Utilities Facilities .................................... PART 4 | 18
29. Objects Prohibited or Restricted in Yards ............................................. PART 4 | 18
30. Off-Street Parking Requirements for Non-Agricultural Uses ................ PART 4 | 18
31. Permitted Projections into Setbacks .................................................... PART 4 | 24
32. Lighting .................................................................................................. PART 4 | 25
33. Heritage Conservation / Historical Sites and Variance Provisions ........ PART 4 | 25
B. SERVICING AND SITE SUITABILITY
34. Rural Servicing Standards and Soil Suitability ....................................... PART 4 | 27
35. Water Act Requirements ...................................................................... PART 4 | 29
36. Storm Water Management ................................................................... PART 4 | 30
37. Development of Lands Subject to Subsidence or Flooding .................. PART 4 | 30
38. Development Siting for Coulee / Steep Slope Areas ............................ PART 4 | 32
39. Hazard Lands ......................................................................................... PART 4 | 33
40. River Valleys and Shorelands ................................................................ PART 4 | 34
41. Setbacks from Sour Gas Facilities ......................................................... PART 4 | 35
42. Setbacks from Abandoned Wells .......................................................... PART 4 | 36
43. Environmentally Significant Areas (ESAs) / Sensitive Lands ................. PART 4 | 36
44. Minimum Setback Requirements from Railways .................................. PART 4 | 37
45. Canamex Freeway Development and Siting Requirements ................. PART 4 | 38
46. Wetlands ............................................................................................... PART 4 | 40
Land Use Bylaw No. 24-007
Table of Contents | v
PART 5
USE SPECIFIC LAND USE PROVISIONS
A. STANDARDS OF DEVELOPMENT
1.
Abattoirs ................................................................................................. PART 5 | 1
2.
Accessory Buildings, Structures and Uses ............................................... PART 5 | 1
3.
Airport Area Restrictions ........................................................................ PART 5 | 2
4.
Alternative Energy .................................................................................. PART 5 | 6
5.
Anhydrous Ammonia Storage Facility ..................................................... PART 5 | 6
6.
Automotive Repair / Detail / Paint Shops ............................................... PART 5 | 6
7.
Auto Wreckage / Salvage or Wrecking Yards ......................................... PART 5 | 7
8.
Batch Plants / Concrete or Asphalt ......................................................... PART 5 | 7
9.
Bed and Breakfast Operations ................................................................ PART 5 | 8
10. Campground Uses ................................................................................... PART 5 | 9
11. Cannabis Nursery, Cannabis Cultivation and Cannabis Processing ........ PART 5 | 9
12. Cannabis Retail Stores .......................................................................... PART 5 | 10
13. Car and Truck Washes ........................................................................... PART 5 | 11
14. Commercial Recreation Uses ................................................................ PART 5 | 12
15. Cryptocurrency (Bitcoin) Mining ........................................................... PART 5 | 12
16. Day Care / Child Care Facilities ............................................................. PART 5 | 13
17. Day Home ............................................................................................. PART 5 | 14
18. Fabric Buildings / Covered Storage Structures ..................................... PART 5 | 15
19. Group Care or Group Home Facility ..................................................... PART 5 | 15
20. Hay Plant / Storage Buildings or Structures .......................................... PART 5 | 17
21. Hazardous Industries ............................................................................ PART 5 | 17
22. Home Occupations ................................................................................ PART 5 | 18
23. Kennels - Kenneling, Breeding and Training Facilities ......................... PART 5 | 21
24. Manufactured / Ready-To-Move / Moved-In Home Standards ........... PART 5 | 23
25. Mixed-Use Developments (Buildings or Parcels of Land) ..................... PART 5 | 26
26. Motocross Tracks / Motor Sports Facilities ........................................... PART 5 | 28
27. Moved-In Buildings (Non-Residential) .................................................. PART 5 | 28
28. Paintball Recreational Uses .................................................................. PART 5 | 29
29. Personal Workshop and Storage (Non-Commercial) ............................ PART 5 | 30
30. Resource Extraction (Gravel and Sand Pits or Stone Quarries) ............ PART 5 | 30
31. Recreational Vehicle (RV) Storage ........................................................ PART 5 | 32
32. Sandblasting, Welding and Fabrication Facilities ................................. PART 5 | 33
33. Satellite Dishes and Telecommunication Antennas ............................. PART 5 | 33
34. Secondary Suites ................................................................................... PART 5 | 34
35. Service Stations and Gas Bars ............................................................... PART 5 | 36
36. Shipping Containers (or C-Containers, Sea-Containers) ....................... PART 5 | 37
Table of Contents | vi
Land Use Bylaw No. 24-007
37. Shooting Range Standards and Location Criteria ................................. PART 5 | 39
38. Signs ...................................................................................................... PART 5 | 41
39. Surveillance / Security Suites ................................................................ PART 5 | 42
40. Telecommunication Antenna Siting Protocols ..................................... PART 5 | 42
41. Tourist Homes/Short Term Rentals ...................................................... PART 5 | 42
42. Warehousing and Storage .................................................................... PART 5 | 43
43. Work Camps .......................................................................................... PART 5 | 44
PART 6
SIGN REGULATIONS
1.
Definitions ............................................................................................... PART 6 | 1
2.
General Rules and Criteria ...................................................................... PART 6 | 4
3.
Signs Not Requiring A Permit .................................................................. PART 6 | 7
4.
Specific Sign Type Standards ................................................................... PART 6 | 9
5.
Prohibited Signs .................................................................................... PART 6 | 15
PART 7
ALTERNATIVE / RENEWABLE ENERGY DEVELOPMENTS
1.
Definitions ............................................................................................... PART 7 | 1
2.
Solar Collectors ....................................................................................... PART 7 | 3
3.
Small Wind Energy Conversion Systems (SWECS) .................................. PART 7 | 4
4.
Wind Energy Conversion Systems (WECS) - Commercial / Industrial .... PART 7 | 8
5.
Other Alternative or Renewable Energy Commercial / Industrial
Development Projects .......................................................................... PART 7 | 13
PART 8
SUBDIVISION CRITERIA
1.
General Criteria ........................................................................................ PART 8 | 1
2.
Applying Minimum Distance Separation Calculations to Subdivisions ... PART 8 | 3
3.
Extensive Agricultural Uses ...................................................................... PART 8 | 4
4.
Country Residential Uses (Developed Residences) ................................. PART 8 | 5
5.
Country Residential Uses (Single Lot Vacant / Bareland) ....................... PART 8 | 6
6.
Grouped Country Residential Uses .......................................................... PART 8 | 7
7.
Commercial and Industrial Uses ............................................................. PART 8 | 8
8.
Hamlet Residential and Other Hamlet Uses ............................................ PART 8 | 9
9.
Non-residential Uses ............................................................................... PART 8 | 9
10. Public and Institutional Uses ................................................................... PART 8 | 9
11. Cut-off (Fragmented) Parcel .................................................................. PART 8 | 10
12. Property Realignment and Subdivision of Existing Small Titles ............. PART 8 | 11
13. Subdivision in Proximity to the Canamex Freeway ............................... PART 8 | 12
Land Use Bylaw No. 24-007
Table of Contents | vii
PART 9
DEFINITIONS
PART 10
LAND USE DISTRICTS MAPS
APPENDIX A
Telecommunication, Radiocommunication and Broadcast Antenna Systems
and Supporting Structures (Antenna Systems) Siting Protocol
Telecommunication Siting Protocol Application & Checklist
PART 1
ADMINISTRATIVE
Land Use Bylaw No. 24-007
Administrative Part 1 | 1
IN THE PROVINCE OF ALBERTA
LAND USE BYLAW NO. 24-007
BYLAW NO. 24-007 OF LETHBRIDGE COUNTY IS FOR THE PURPOSE OF ADOPTING THE LETHBRIDGE
COUNTY LAND USE BYLAW IN ACCORDANCE WITH SECTION 692 OF THE MUNICIPAL GOVERNMENT ACT,
REVISED STATUTES OF ALBERTA 2000, CHAPTER M-26, AS AMENDED (MGA).
WHEREAS the Council has adopted a new Municipal Development Plan in 2022;
AND WHEREAS the existing Land Use Bylaw No. 1404 has been in effect since the year 2013;
AND WHEREAS Council wishes to update the Land Use Bylaw to reflect changes that have occurred and
more effectively implement land use controls, address new development guidelines for certain types of
uses, and foster orderly growth and development in the County;
NOW THEREFORE, the Council of Lethbridge County, duly assembled, hereby enacts the following:
PART 1
ADMINISTRATIVE
Enactment
1.
TITLE
This bylaw may be cited as the Lethbridge County Land Use Bylaw No. 24-007.
2.
DATE OF COMMENCEMENT
This bylaw shall come into effect upon third and final reading thereof.
Administrative Part 1 | 2
Land Use Bylaw No. 24-007
3.
REPEAL OF FORMER LAND USE BYLAW
Bylaw No. 1404, being the current Land Use Bylaw of Lethbridge County and any amendments
thereto is hereby repealed upon third and final reading of this bylaw, with the exception of specified
amending bylaws for Direct Control districts which are hereby deemed to continue in full force and
effect and are hereby incorporated into this Bylaw, unless otherwise amended or repealed (see Part
3, Direct Control - DC land use district).
4.
DEFINITIONS
For definitions refer to Part 9, Definitions.
5.
METRIC MEASUREMENTS AND STANDARDS
For the purpose of applying the standards of the bylaw, the metric standards as specified in this bylaw
are applicable. Imperial measurements and standards are provided for convenience only.
6.
RULES OF INTERPRETATION
(1) Unless otherwise required by the context, words used in the present tense include the future
tense; words used in the singular include the plural; and the word person includes a corporation
as well as an individual. Unless otherwise stipulated, the Interpretation Act, Chapter I-8, RSA
2000 as amended, shall be used in the interpretation of this bylaw. Words have the same
meaning whether they are capitalized or not.
(2) The written regulations of this bylaw take precedence over any graphic or diagram if there is a
perceived conflict.
(3) The Land Use Districts Map takes precedence over any graphic or diagram in the district
regulations if there is a perceived conflict.
7.
PARTS, MAPS AND APPENDICES
(1) Parts 1 through 10, attached hereto, form part of this bylaw.
(2) Appendices A, B and C attached hereto are for information purposes only and may be amended
from time to time as they do not form part of the Lethbridge County Land Use Bylaw.
(3) For the purposes of administering the provisions of this bylaw, Council may authorize by
separate resolution or bylaw as may be applicable, the preparation and use of such fee
schedules, forms or notices as in its discretion it may deem necessary. Any such fee schedules,
forms or notices are deemed to have the full force and effect of this bylaw in execution of the
purpose for which they are designed, authorized and issued.
(4) In any case, where the required fee is not listed in the fee schedule, such fee shall be determined
by the Development Authority and shall be consistent with those fees listed in the schedule for
similar developments
Land Use Bylaw No. 24-007
Administrative Part 1 | 3
8.
COMPLIANCE WITH AND CONTRAVENTION OF THE LAND USE BYLAW
A person who develops land or a building in the municipality shall conform with:
(a) the use or uses prescribed in Part 3 - Land Use Districts and Regulations;
(b) the applicable standards and requirements of development specified in Parts contained in this
bylaw;
(c) any conditions attached to a development permit if one is required.
Approving Authorities
9.
SUBDIVISION AUTHORITY
(1) The Subdivision Authority is authorized to make decisions on applications for subdivisions
pursuant to the Subdivision Authority Bylaw, and may exercise only such powers and duties as
are specified:
(a) in the Lethbridge County Subdivision Authority Bylaw;
(b) in this bylaw; or
(c) by resolution of Council.
(2) The Subdivision Authority may delegate, through any of the methods described in subsection
(1) above, to any individual, municipal staff, or a regional services commission, any of its
required functions or duties in the processing of subdivision applications. In respect of this:
(a) the delegation of duties by the Subdivision Authority may include the authorized entity
being responsible for determining the completeness of a submitted subdivision application;
(b) the Subdivision Authority delegate is authorized to carry out the application process with
subdivision applicants as described in the Subdivision Application Rules and Procedures
section of the bylaw, including the task of sending all required notifications to applicants as
stipulated.
10. DEVELOPMENT AUTHORITY
(1) The Council shall, by resolution, appoint one or more persons to the office of Development
Authority to act in the position of the Development Authority in accordance with the
Development Authority Bylaw.
(2) In accordance with section 210 of the Municipal Government Act and for the purpose of this
bylaw the Development Authority shall be the designated Development Officer, or any other
appointment made by resolution of Council in accordance with the Development Authority
Bylaw.
(3) The Development Authority is an authorized person in accordance with section 624 of the
Municipal Government Act for the purpose of applying this bylaw and Part 17 of the MGA.
Administrative Part 1 | 4
Land Use Bylaw No. 24-007
(4) The Development Authority may exercise only such powers and duties as are specified:
(a) in the Lethbridge County Development Authority Bylaw;
(b) in this bylaw;
(c) in the Municipal Government Act; or
(d) by resolution of Council.
(5) The Development Authority is responsible for:
(a) receiving, processing, deciding upon and, as appropriate, referring all applications for a
development permit in accordance with this bylaw and determine whether a development
permit application is complete in accordance with Part 1, Section 24;
(b) maintaining a register of all applications together with their disposition and other relevant
details;
(c) maintaining for the inspection of the public during office hours, a copy of this bylaw and all
amendments thereto and ensure that copies of the same are available for public purchase;
(d) municipal inspections and enforcement in accordance with sections 542, 545, 546 of the
MGA, including issuing warning letters of contraventions and Stop Orders; and
(e) signature evidence in accordance with section 630 of the MGA, including signing the
issuance of development permits, decisions (approvals or refusals) and compliance
certificates or letters.
(6) Council shall be responsible for considering and deciding upon development permit applications
for any Direct Control district but may choose to delegate the decision-making authority to the
Development Authority if specified within the regulations of the direct control bylaw adopted.
11. SUBDIVISION AND DEVELOPMENT APPEAL BOARD (SDAB)
The Subdivision and Development Appeal Board (SDAB) is established by separate bylaw pursuant to
the Municipal Government Act, and may exercise such powers and duties as are specified in this
bylaw, the MGA and the Subdivision and Development Appeal Board Bylaw.
Subdivision and Development in General
12. LAND USE DISTRICTS
(1) The municipality is divided into those land use districts specified in Part 3 - Land Use Districts
and Regulations and depicted on the Land Use Districts Maps in Part 10.
(2) Part 3 prescribes the one or more uses of land or buildings that are:
(a) permitted in each land use district with or without conditions; and/or
(b) discretionary in each land use district with or without conditions; and/or
(c) prohibited in each land use district.
Land Use Bylaw No. 24-007
Administrative Part 1 | 5
(3) An application for a land use that is not listed as a permitted or discretionary use, but which is
reasonably similar in character and purpose to a permitted or discretionary use in that district
may be deemed a similar use by the Development Authority in accordance with Section 31
(Similar Uses).
(4) An application for a land use not listed as a permitted or discretionary use or not deemed a
similar use in a district is a prohibited use and shall be refused.
13. DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
(1) Certain developments may be exempted by the municipality from the requirement of obtaining
development permits, provided the standards of the land use bylaw are met. Any land use or
development exempted under this section are as prescribed in accordance with Part 2,
Development Not Requiring a Development Permit.
14. DEVELOPMENT IN MUNICIPALITY GENERALLY
(1) A person who develops land or a building in the municipality shall comply with the applicable
standards and requirements of development specified in this bylaw, in addition to complying
with the use or uses prescribed in the applicable land use district and any conditions attached
to a development permit if one is required.
(2) The issuance of a subdivision or development approval pursuant to this bylaw does not preclude
the applicant and/or their agent from the obligation to obtain any additional municipal,
provincial, or federal approvals that may be required before, during or after the subdivision or
development process.
15. NON-CONFORMING BUILDINGS AND USES
A non-conforming building or use may only be continued in accordance with the conditions detailed
in the Municipal Government Act.
16. DEVELOPMENT ON NON-CONFORMING SIZED LOTS
(1) Development on an existing registered non-conforming sized lot that does not meet the
minimum requirements for lot length, width or area specified in the applicable land use district
in Part 2 may be permitted at the discretion of the Development Authority.
(2) The Development Authority is authorized to permit development on existing registered non-
conforming sized lots for permitted uses where the Subdivision Authority issued a variance(s) to
the minimum requirements for lot length, width and/or area as part of a subdivision approval.
17. NON-CONFORMING USE VARIANCES
The Development Authority is authorized to exercise minor variance powers with respect to non-
conforming uses pursuant to section 643(5)(c) of the Municipal Government Act.
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Land Use Bylaw No. 24-007
18. NUMBER OF DWELLINGS ON A LOT
(1) The municipality may regulate through this bylaw the number, density, and type of dwellings
permissible on a parcel or lot.
(2) No person shall construct or locate, or cause to be constructed or located, more than one
dwelling unit on a parcel or lot except when permitted by the land use district or unless
authorized by the Development Authority through the issuance of a development permit in
accordance with Part 3, Land Use Districts and Regulations and Part 4, General Land Use
Provisions.
19. MUNICIPAL APPROVAL FOR ENCROACHMENTS
(1) A landowner or developer is required to obtain permission from the municipality for any
improvement or structure that may be located over an easement or utility right-of-way in favour
of the municipality or one of its utility agency designates.
(2) In situations where a development may be exempt from obtaining a development permit, the
landowner or developer is still required to obtain permission from the municipality for any
improvement or structure that may be located over an easement or utility right-of-way in favour
of the municipality or one of its utility agency designates. Notwithstanding that no permit may
be required, the municipality, at their prerogative, may deny the placement of structures or
improvements over an easement or right-of-way and may also order the removal or relocation
of such.
20. SUITABILITY OF SITES
(1) Notwithstanding that a use of land may be permitted or discretionary or considered similar in
nature to a permitted or discretionary use in a land use district, the Subdivision Authority may
refuse to approve the subdivision of a lot and the Development Authority may refuse to issue a
development permit if, the relevant Authority is made aware or if in their opinion, the site of
the proposed subdivision, building or use is not safe or suitable based on the following:
(a) the site does not have safe legal and physical access to a developed, maintained public road
in accordance with municipal requirements or those of Alberta Transportation if within 300
metres (984 ft.) of a provincial highway;
(b) has a high water table which makes the site unsuitable for foundations and/or sewage
disposal systems in accordance with provincial regulations;
(c) is situated on an unstable slope;
(d) consists of unconsolidated material unsuitable for building;
(e) is situated in an area which may be prone to flooding, subsidence or erosion;
(f)
does not comply with the requirements of any Provincial Land Use Policies or Regional Plan,
Subdivision and Development Regulations, Municipal Development Plan or applicable
conceptual design scheme or area structure plan;
(g) is situated over an active or abandoned coal mine or oil or gas well or pipeline;
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(h) would expose the structure itself and/or people living and working there to risk from the
operations of a nearby airstrip;
(i)
is unsafe due to contamination by previous land uses;
(j)
has an inadequate or unsafe water supply;
(k) is incompatible with all existing and approved uses of surrounding land;
(l)
is situated closer to a confined feeding operation than the minimum distance separation
recommended by the formulas established in the Agricultural Operation Practices Act
(AOPA);
(m) does not meet the lot size and/or setback requirements of this bylaw;
(n) would prevent or interfere with the natural and economic extension of a nearby developed
area, a coal mine, an oil or gas field, a sewage treatment plant, a waste disposal or transfer
site, a gravel pit, a pipeline or a road system; or
(o) is subject to any easement, caveat, restrictive covenant or other registered encumbrance
which makes it impossible to build on the site.
(2) Nothing in this section shall prevent the Subdivision Authority from approving a lot or prevent
the Development Authority from issuing a development permit if the Authority is satisfied that
there is no risk to persons or property or that these concerns will be met by appropriate
engineering measures acceptable to the municipality.
21. CONTAMINATED LANDS AND BROWNFIELD DEVELOPMENT
(1) Any application for either subdivision or development that is proposed on lands or in an area
known or deemed to potentially contain contaminated lands, or is the site of former chemical,
pesticide, heavy industrial, railway associated, oil and gas processing or storage, gas station,
automotive related uses or other similar type uses, may be subjected to special information
requirements and conditions, including but not limited to, professional engineering and
geotechnical studies, environmental assessments, water reports and soils analysis being
submitted to the municipality in addition to the other bylaw requirements.
(2) Notwithstanding that a use of land may be permitted or discretionary in a land use district, the
Development Authority or Subdivision Authority may:
(a) refuse to issue a development permit or approve a subdivision, if the relevant Authority is
of the opinion that the site of the proposed development or use is not safe or poses a
potential health or liability risk, based on the information provided; or
(b) if approving a development permit or subdivision, place conditions on the approval to
mitigate or address potential or identified hazards, health risks, contamination or site
specific land concerns, including but not limited to:
(i)
providing professional remediation, reclamation or clean-up of the parcel or site at the
applicant or land owner's expense;
(ii) limiting or restricting development on the parcel or applying special setbacks to
address the location of improvements on site;
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Land Use Bylaw No. 24-007
(ii) providing professional engineering or geotechnical reports bearing the seal of a
licensed engineer to support or verify any aspects of the proposal or condition of the
land;
(iv) having the land owner or applicant post bonds or other security as it relates to the
estimated costs of the reclamation or clean-up of the parcel;
(v) signing a legal agreement to indemnify and save harmless the municipality from all
potential actions, suits, damages, or claims as it relates to the development of the land
and any development permit being issued or subdivision approval;
(vi) any other reasonable conditions to ensure the development or subdivision may be
approved as safe as reasonably possible and is suitable for the land.
22. MINIMUM DISTANCE SEPARATION CALCULATIONS
For the purpose of this bylaw, unless specified otherwise, all minimum distance separation
calculations that apply between residential uses and neighbouring Confined Feeding Operations shall
be consistent with the processes and formulas established in the Agricultural Operation Practices Act
(AOPA). Relaxations or waivers of the application of the minimum distance separation may be
considered by the Development Authority or Subdivision Authority in circumstances as outlined in
the bylaw, the applicable land use district, or the applicable subdivision criteria.
23. ARCHITECTURAL CONTROLS
(1) Some areas within the County may have architectural control guidelines in place for the
construction of new buildings. Architectural control review of plans must be approved by the
Developers' Architectural Control Approval Officer prior to the County accepting a development
permit application.
(2) The Development Authority, Subdivision Authority, or Council on a bylaw redesignation or area
structure plan bylaw application:
(a) may require architectural control guidelines to be submitted for review and approval by
the municipality prior to subsequently being registered on title; and
(b) may stipulate specific development standards, land or building restrictions to be applied or
included in the covenants.
(3) The County shall not be held responsible for private restrictive covenants with regard to the
enforcement of any applicable architectural controls.
Development Permit Applications - Rules and Procedures
24. DEVELOPMENT PERMIT APPLICATIONS
(1) Except as provided in Part 2 - Development Not Requiring A Development Permit, no person
shall commence a development unless he has been issued a development permit in respect of
the development.
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(2) An application for a development permit must be made to the Development Authority by
providing the following:
(a) a completed application form (Form A of Appendix B);
(b) the applicable fees prescribed in accordance with the County's fee schedule bylaw;
(c) an accurate and legible site plan, if the application involves new buildings, structures or
additions to existing buildings or structures, acceptable to the Development Authority
indicating:
(i)
legal description of the lot;
(ii) if the proposal involves buildings or structures, the location of existing and proposed
development setbacks in relation to lot boundaries (property lines) and roads drawn
to scale;
(iii) north arrow and scale;
(iv) easements or utility rights-of-way present on the title, roads, water bodies,
topography, vegetation and other physical features of the land to be developed; and
(d) depending on the type of development proposal and whether it includes buildings, other
information that may be required at the discretion of the Development Authority includes:
(i)
floor plans, elevations and sections at a minimum scale of 1:200 or such other scale as
required by the Development Authority; and
(ii) studies of projected traffic volumes, utilities, landscaping, urban design, parking, social
and economic effects, environmental impact assessment, slope, soil, flood plain, sun
and wind impact studies, stormwater management plan, drainage plans, or any other
information as required by the Development Authority;
(iii) the Development Authority will require that any studies be professionally prepared;
(e) for parcels where architectural control guidelines are in place, documentation that the
proposal meets the applicable architectural control guidelines;
(f)
any such other information as may be required at the discretion of the Development
Authority in order to accurately evaluate the application and determine compliance with
the land use bylaw or other government regulations;
(g) any other information as required by the General Land Use Provisions Standards of
Development, Use Specific Land Use Provisions, or other parts of this bylaw.
(3) An application for a development permit must be made by the registered owner of the land on
which the development is proposed or, with the written consent of the registered owner, by any
other person.
(4) An application for a development permit will be evaluated primarily on the information
submitted by the applicant and Lethbridge County shall not be held liable for information
unknown or which should have been disclosed by the applicant.
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25. ADDITIONAL INFORMATION REQUIREMENTS
The Development Authority may require proof of ownership or right to land in question and may
require a surveyor's certificate as verification of location of any development on said land. The
provision of geotechnical information, soil analysis or percolation tests, soil or slope stability analysis
and/or the preparation of a conceptual design scheme or an area structure plan may be required
from the applicant prior to a decision being rendered on a development application to determine the
suitability of the land for the proposed use.
26. INCOMPLETE DEVELOPMENT PERMIT APPLICATIONS
(1) The Development Authority shall, within 20 days after the receipt of an application in
accordance with Section 24 for a development permit, determine whether the application is
complete.
(2) An application is complete if, in the opinion of the Development Authority, the application
contains the documents and other information necessary to review the application.
(3) The time period referred to in subsection (2) may be extended by an agreement in writing
between the applicant and the Development Authority.
(4) If the Development Authority does not make a determination referred to in subsection (2) within
the time required under subsection (2) or (4), the application is deemed to be complete.
(5) If a Development Authority determines that the application is complete, the commencement of
processing the application by the Development Authority is an acknowledgement to the
applicant that the submitted information and application is deemed to be complete. The
Development Authority may also issue to the applicant a written Notice of Completeness
acknowledging that the application is complete, delivered by hand, mail or electronic means.
(6) Where the information required under Sections 24 and 25 (Development Permit Applications
and Additional Information Requirements) is incomplete, or where, in the opinion of the
Development Authority, the quality of the material supplied is inadequate to properly evaluate
the development application, the Development Authority may deem the application incomplete
and request the required information be provided.
(7) If the Development Authority determines that the application is incomplete, the Development
Officer shall issue to the applicant a written notice indicating that the application is incomplete
and specifying the outstanding documents and information to be provided, including but not
limited to those required by Section 24(2) and 25. A submittal deadline date for the outstanding
documents and information shall be set out in the notice or a later date agreed on between the
applicant and the Development Authority in order for the application to be considered
complete.
(8) If the Development Authority determines that the information and documents submitted under
subsection (7) are complete, the Development Officer shall issue to the applicant a written
Notice of Completeness acknowledging that the application is complete, delivered by hand,
mail, or electronic means.
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(9) If the required documents and information under subsection (7) have not been submitted to the
Development Authority within the timeframe prescribed in the notice issued under subsection
(7), the Development Officer shall return the application to the applicant accompanied by a
written Notice of Refusal stating the application is deemed refused and the reasons for refusal.
(10) Despite issuance of a Notice of Completeness under subsection (6) or (8), the Development
Authority in the course of reviewing the application may request additional information or
documentation from the applicant that the Development Authority considers necessary to
review the application.
27. FAILURE TO MAKE A DECISION - DEEMED REFUSAL
(1) In accordance with section 684 of the Municipal Government Act, an application for a
development permit shall, at the option of the applicant, be deemed to be refused and may be
appealed when the decision of the Development Authority is not made within 40 days of receipt
of the completed application.
(2) Notwithstanding Section 27(1), the applicant and Development Authority may agree and sign a
time extension agreement in accordance with section 684 of the MGA to extend the 40-day
decision time period.
28. PROCESSING PERMITTED USE APPLICATIONS
(1) Upon receipt of a completed application for a development permit for a permitted use, the
Development Authority shall, if the application otherwise conforms to this bylaw, issue a
development permit with or without conditions.
(2) Notwithstanding that a use of land may be permitted in a land use district, the Development
Authority may place any or all of the following conditions to ensure any concerns over the
suitability of the land and development are satisfied:
(a) requirement for applicant to enter into a development agreement pursuant to the
Municipal Government Act;
(b) payment of any applicable off-site levy or redevelopment levy;
(c) the provision of a professional geotechnical investigation/test and report to ensure the site
is suitable in terms of topography, stability, soil characteristics, flooding subsidence,
erosion and sanitary sewerage servicing;
(d) require access to be provided so the site will be legally and physically accessible to a
developed municipal road or if within 300 metres (984 ft.) of a provincial highway will meet
the requirements of Alberta Transportation;
(e) stipulate the alteration of structure or building sizes or locations to ensure any setback
requirements of this land use bylaw or the Subdivision and Development Regulation can be
met;
(f)
provision of easements and/or encroachment agreements;
(g) any reasonable measures to ensure compliance with the requirements of this land use
bylaw or any other statutory plan adopted by Lethbridge County;
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Land Use Bylaw No. 24-007
(h) any measures to ensure compliance with applicable federal, provincial and/or other
municipal legislation and approvals;
(i)
any measures to adequately ensure applicable provincial legislation such as the Safety
Codes Act is complied with or not compromised, and the requirement to submit
documentation of such to the County;
(j)
the provision of a surveyor's sketch or plan from an engineer illustrating improvements and
existing and/or proposed lot grades and surface drainage;
(k) the filing of pertinent engineering reports prior to construction commencing.
29. PROCESSING DISCRETIONARY USE APPLICATIONS
(1) Upon receipt of a completed application for a Development Permit for a Discretionary Use, the
Development Authority may issue a Development Permit with or without conditions.
(2) Prior to making a decision on a Development Permit for a Discretionary Use, the Development
Authority shall notify and consider the comments of an Adjacent municipality, if the proposed
location is:
(c) within the boundary area of land subject to an intermunicipal Development plan adopted
by the County and the affected Adjacent municipality, in which case, the relevant referral
and comments policies stipulated in that plan must be followed.
(3) Prior to making a decision on a Development Permit for a Discretionary Use, the Development
Authority shall notify or cause to be notified any persons likely to be affected in accordance with
Section 33.
(4) Upon the issuance of a Development Permit, the Development Authority shall notify or cause to
be notified any persons likely to be affected in accordance with Section 33.
(5) The Development Authority may place any or all of the conditions outlined in Section 28(2) on
a Development Permit for a Discretionary Use in any Land Use District to ensure that any
concerns over the suitability of the Development are satisfied, in addition to any other
reasonable planning conditions to ensure the quality of a Development and its compatibility
with other existing and approved Uses in the area.
30. APPLICATIONS REQUESTING WAIVERS OF BYLAW PROVISIONS
(1) The Development Authority is authorized to decide upon an application for a Development
Permit notwithstanding that the proposed Development does not comply with this bylaw 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 or enjoyment or value of neighbouring
properties; and
(b) the proposed development conforms with the use prescribed for that land or Building in
Part 2.
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(2) Upon receipt of a completed application for a Development that does not comply with this
Bylaw, but in respect of which the Development Authority is requested by the applicant to
exercise its discretion under Section 30(1), the Development Authority shall evaluate the
application and may issue a Development Permit with or without conditions.
(3) For any request for a Waiver of the bylaw provisions that exceed 10%, the Development
Authority shall notify or cause to be notified any persons likely to be affected in accordance with
Section 33.
(4) For a Permitted use requesting a waiver or variance of bylaw standards the Development
Authority may, in addition to imposing any of the conditions in Section 28(2), stipulate other
conditions to ensure the compatibility of the Development and limit negative impacts to
Adjacent land Uses as determined necessary by the Development Authority.
(5) The Development Authority, or the Subdivision and Development Appeal Board on an appeal,
do not have the authority to Waive or vary an applicable standard of the Bylaw, if a section or
policy specifically states that the standard is not to be Waived or Varied.
31. SIMILAR USES
(1) Where an application is made for any proposed Use which is not specifically listed in any Land
Use District but which may be similar in character and purpose to other uses listed in the Land
Use District in which such use is proposed, the Development Authority shall, at the request of
the applicant:
(a) notify or cause to notify the affected persons pursuant to Section 33.
(b) rule whether or not that the proposed use is similar to either a Permitted or Discretionary
Use in the Land Use District in which it is proposed; and
(c) if the use is deemed similar to a Permitted or Discretionary Use listed in the Land Use
District in which it is proposed, the application shall be reviewed as a Discretionary Use and
a Development Permit may be issued with or without conditions after consideration of any
responses to the notifications of persons likely to be affected by the Development.
(2) If the use is not deemed similar to a Permitted or Discretionary Use listed in the Land Use District
in which it is proposed, the Development Permit shall be refused.
32. CHANGE OF USE
(1) Where, in the opinion of the Development Authority, a proposed new land use is deemed to be
a Change of Use from existing Development the applicant or developer shall be required to apply
for a Development Permit for a Change of Use of the Buildings or land. In such situations, the
following shall apply:
(a) A Change of Use is applicable where a developer is proposing to change a previously
approved Development to a different Use that is materially different, is defined separately
in the Bylaw as a use, or cannot be deemed similar in nature to the existing Use or is likely
to result in a change in the intensity of use of the land or Building.
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Land Use Bylaw No. 24-007
(b) The new Use being proposed for the Building or land must be a use that is listed as
either Permitted or Discretionary in the applicable Land Use District.
(c) The proposed Change of Use Development Permit must be processed in accordance
with the processing and notification requirements of this bylaw and is subject to the
Development standards applicable to the new proposed Use.
33. NOTIFICATION OF PERSONS LIKELY TO BE AFFECTED
(1) Where notification of persons likely to be affected is required under Sections 29, 30(3), 31, 32
and 35, the Development Authority shall, at least seven (7) days before making a decision on
the application:
(a) mail written notice of the application to:
(i)
the owners of land likely to be affected by the issuance of a Development Permit;
(b) electronic means of notice to an Adjacent municipality, government department or referral
agency that is deemed to be affected;
(c) During instances of regular mail delivery cessation, the copy of the written notice to be
pursuant to Section 33(1)(a), must be given by such other alternative method as
determined by the Development Authority, which may include publishing similar notice in
the newspaper circulating in the municipality, the municipality website, or posted in a
conspicuous place at the County office.
(2) In all cases, notification shall:
(a) describe the nature and legal location description of the proposed Use;
(b) state the date when the Development Authority will consider the application; and
(c) state the process for receipt of written submission on the application.
(3) For the purposes of applying Section 33(1), any landowner Adjacent to or within 60 meters of
the parcel subject to the Development application shall be considered an affected person and
shall be notified. A greater notification distance may be applied, if in opinion of the Development
Authority, such notification is warranted or it is required for specific land Uses as required in the
Land Use Districts, Standards of Development or Specific Use Provisions of the Bylaw.
34. PROHIBITED USES
Where a use is not specifically listed in a Land Use District as either Discretionary or Permitted and
is not deemed to be similar in nature in accordance with Section 31, then that Use is prohibited in
that Land Use District and shall be refused.
35. TEMPORARY USES
(1) Where, in the opinion of the Development Authority, a proposed Use is of a temporary nature:
(a) the Development Authority may issue a temporary Development Permit valid for a period
not exceeding three years;
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(b) it shall be a condition of every temporary Development Permit that the municipality shall
not be liable for any costs involved in the cessation or removal of any Development at the
expiration of the Permitted period;
(c) the Development Authority may require the developer(s) to post security guaranteeing the
cessation or removal of work at the end of the period;
(d) the use must be a Permitted or Discretionary Use, or determined to be similar in nature to
a Permitted or Discretionary Use in accordance with Section 31.
(2) Notification of persons likely to be affected, in accordance with Section 33.
(3) Upon the expiration of the temporary permit an applicant may reapply for a temporary
Development Permit, and at the discretion of the Development Authority, it may approve for a
maximum of one additional time a temporary Development Permit for the same or similar Use
for a period not exceeding three years.
36. DIRECT CONTROL DISTRICTS
(1) Upon receipt of a completed application for a Development Permit in a Direct Control District,
the Development Authority shall refer the application to Council for a decision, except where
the decision-making authority has been delegated to the Development Authority.
(2) In accordance with section 641(4)(a) of the Municipal Government Act, there is no appeal to the
Subdivision and Development Appeal Board for a decision on an application for a Development
Permit in a Direct Control District where Council was the decision-making authority.
37. DEVELOPMENT PERMIT NOTIFICATION
(1) A decision of the Development Authority on an application for a Development Permit must be
issued in writing in accordance with the following subsection (3)(a).
(2) Within 24 hours of the written approval and issuance of a Development Permit, the
Development Authority shall notify or cause to be notified, any persons likely to be affected or
who have the right to appeal the decision of the Development Authority. The following
notification processes shall be used:
PERMITTED USE PERMITS
(3) Upon issuance or refusal of a Development Permit for a Permitted Use that complies with this
Bylaw, the Development Authority shall:
(a) send the applicant a letter by electronic means, or by regular postal mail if requested by
the applicant, a written notice of decision; and
(b) notify persons likely to be affected by posting a notice of the decision on the County's
website.
ALL OTHER PERMITS
(4) Upon issuance or refusal of a Development Permit for a Discretionary Use, similar Use,
temporary Use, or an application involving a Waiver, the Development Authority shall:
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Land Use Bylaw No. 24-007
(a) send the applicant a letter by electronic means, or by regular postal mail if requested by
the applicant, a written notice of decision to the applicant; and
(b) notify persons likely to be affected by:
(i) regular postal mail a copy of the decision to those persons, departments and agencies
and
(ii) posting notice of the decision on the County's website.
(c) During instances of regular mail delivery cessation, the copy of the written notice to be
pursuant to Section 33(1)(a), must be given by such other alternative method as
determined by the Development Authority, which may include publishing similar notice in
the newspaper circulating in the municipality, the municipality website, posting in a
conspicuous place on
Additional Conditions
38. DEVELOPMENT AGREEMENTS
(1) The Development Authority or Subdivision Authority may require with respect to a development
or subdivision that as a condition of approval, the applicant enter into an agreement, in
accordance with the Municipal Government Act, to:
(a) construct or pay for the construction of public roadways, access or parking areas;
(b) install or pay for the installation of utilities, and/or any municipal service mutually agreed
upon;
(c) pay for an off-site levy or redevelopment levy imposed by bylaw;
(d) provide security or post bonds as it relates to covering the estimated costs of construction
for roads and the installation of necessary utility infrastructure.
(2) A more detailed development agreement may be required from a developer or applicant where
the proposal includes:
(a) an internal road system;
(b) a potable water distribution system or community septic treatment system;
(c) a comprehensive storm water management system; or
(d) any local improvement which would eventually be owned or maintained by Lethbridge
County.
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39. CONDITIONS TO PROVIDE SECURITY
The Development Authority or Subdivision Authority has the authority to request as a condition of
approval, the posting of security or bonds to be provided by the applicant to ensure that
development permit or subdivision approval conditions are met. The appropriate authority or their
designate(s) has the sole discretion to authorize the release of such funds, only when it has been
suitably demonstrated to their satisfaction that the conditions have been completed to the
requirements and standards of the municipality.
40. OFF-SITE LEVIES AND DEVELOPMENT FEES
If a person applies for a development permit or subdivision approval, he/she may be required to pay
an off-site levy fee and a development fee in respect of land that is to be developed or subdivided to
pay for all or part of the capital costs, in accordance with the current bylaws in effect.
41. OCCUPANCY PERMIT OBLIGATIONS
(1) The applicant and/or registered owner of an approved development permit shall be required to
obtain an occupancy permit before a building or use that was subject of a development permit
is occupied and/or the approved use initiated.
(2) The Development Authority may suspend or cancel the development permit through the
issuance of a Stop Order and/or impose a prescribed fee or penalty on the applicant and/or
registered owner if the Development Authority becomes aware that the occupancy permit has
not been obtained.
Development Permit Validity and Transferability
42. REAPPLICATION
(1) If an application for a development permit is refused by the Development Authority, or on
appeal by the Subdivision and Development Appeal Board, another application for a
development:
(a) on the same lot; and
(b) for the same or a similar use;
shall not be made for at least six months after the date of refusal. All applicable fees shall apply.
(2) If an application was refused solely because it did not comply with this bylaw, or was refused as
an incomplete application under Section 26, another application on the same lot for the same
or similar use may be accepted before the time period referred to in Section 42(1) provided the
application has been modified to comply with this bylaw. All applicable fees shall apply.
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43. DEVELOPMENT COMMENCEMENT/PERMIT VALIDITY
(1) Notwithstanding the issue of a development permit, no development authorized by the issue of
a permit shall commence:
(a) until at least 21 days after the date on which the decision is made and the notice of the
issuance of the permit is posted, published in a newspaper or deemed received, in
accordance with section 686(1) of the Municipal Government Act; or
(b) if an appeal is made, until the appeal is decided upon.
(2) Any development occurring prior to the dates determined under Section 43(1) is entirely at the
risk of the applicant, developer or land owner.
(3) Unless a development permit is suspended or cancelled, the development must be commenced
and carried out with reasonable diligence in the opinion of the Development Authority within
24 months from the date of issuance of the permit, otherwise the permit is no longer valid.
(4) An exception may be allowed to section 43(3) in circumstances of large-scale industrial
developments and commercial renewable energy projects which must be commenced and
carried out with reasonable diligence in the opinion of the Development Authority within 48
months.
(5) The validity of a development permit may be extended one time by the Development Authority
for up to an additional six months from the original date the permit was to expire.
(6) If, after a development permit has been issued, the Development Authority finds a clerical,
technical, grammatical, or typographical error on the issued permit which does not materially
affect the permit in principle or substance (e.g., wrong permit number, applicant name, legal
description or municipal address), the Development Authority may correct the error and reissue
the permit with the correct information and there is no renotification required and no avenue
for an appeal.
44. PERMIT TRANSFERABILITY
(1) A valid development permit is transferable where the use remains unchanged and the
development is affected only by a change in ownership, tenancy or occupancy.
(2) When any use of land or buildings has been discontinued for a period of two years or more, any
development permit that may have been issued is no longer valid and said use may not be
recommenced until a new application for a development permit has been made and a new
development permit issued.
(3) The requirements of Section 44(2) also apply to developments that may have originally
commenced prior to a bylaw being adopted and a permit was never issued. To recommence
the development after a period of two years or more where the use has been discontinued, a
new application for a development permit must be made and a new development permit issued
in order for the use to be valid.
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Administrative Part 1 | 19
45. SUSPENSION OF A DEVELOPMENT PERMIT
(1) If, after a development permit has been issued, the Development Authority becomes aware
that:
(a) the application for the development permit contained misrepresentations; or
(b) facts concerning the application, or the development were not disclosed, and which should
have been disclosed at the time the application was considered, have subsequently become
known;
the Development Authority may suspend or cancel the development permit by notice in writing
to the holder of the development permit stating the reasons for any suspension or cancellation.
(2) If a development permit is suspended, the Subdivision and Development Appeal Board shall
review the application if an appeal if filed by the applicant and either:
(a) reinstate the development permit; or
(b) cancel the development permit if the Development Authority, as the case may be, would
not have issued the development permit if the facts subsequently disclosed had been
known during consideration of the application; and
(c) provide written reasons for the decision made.
(7) If a permit is deemed to be no longer valid due to a discontinuance of use for the period of
time with respect to section 43 (Development Commencement/ Permit Validity), the permit is
no longer valid, and the development must cease.
46. WITHDRAWING A PERMIT APPLICATION OR APPROVAL
(1) If, after a development permit application has been submitted and it has been processed by the
Development Authority an applicant requests to withdraw the permit application prior to a
decision being rendered, such requests must be made by the original applicant in writing to the
Development Authority. If a permit application is withdrawn:
(a) the Development Authority shall acknowledge such by notice in writing to the applicant
which may be in the form of electronic mail correspondence; and
(b) other than the applicant, there is no requirement to notify any other person, including
those who may have originally been notified as part of an application referral process, that
the applied for permit was withdrawn.
(2) If, after a development permit application has been approved by the Development Authority
the permit holder requests to withdraw and cancel the development permit, such requests must
be made in writing by the permit holder to the Development Authority.
(a) Where a development permit is cancelled and no longer valid, all development and
activities to which the development permit relates must cease upon receiving notification
of the cancellation of permit by the Development Authority; and
(b) the processing steps in accordance with section 46(1)(a) through (b) shall apply.
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Land Use Bylaw No. 24-007
47. AMENDMENT OF A DEVELOPMENT PERMIT APPLICATION OR APPROVAL
(1) Amendment of a development permit application prior to issuance of a decision by the
Development Authority may be permitted at the discretion of the Development Authority and
may require renotification and recirculation fees as applicable.
(2) Except as provided in section 47(3), amendment of a development permit application or
approval after a decision has been issued by the Development Authority is not permitted except
for minor modifications at the discretion of the Development Authority. Otherwise, a new
development permit application is required and will be processed anew.
(3) With respect to section 47(2), minor modifications may be accepted by the Development
Authority to an approved development permit on condition that:
(a) the use is listed as a permitted use within the applicable land use district;
(b) the building size (square-footage) is not changing to be enlarged;
(c) if relocating the building location, it must be within 90% (up to a 10% variance allowed)
of the approved permit location and does not encroach into any setbacks;
(d) the applicant is responsible for providing an updated site plan to the satisfaction of the
Development authority; and
(e) the modification will not contradict or contravene any other requirements of a provincial
regulation or approval, such as Alberta Transportation and Economic Corridors.
(f)
Any approved landscaping plan may have minor changes as approved at the discretion of
the Development Authority.
(g) Minor modifications may be accepted by the Development Authority to an approved
development permit for discretionary use if relocating the building from the approved site
plan provided that a building envelope was approved as part of the development permit
approval. In such situations, the building may be sited anywhere within the building
envelope.
(h) The request for minor modifications must be submitted to the Development Authority
prior to commencement of the development and within 30-days of the issuance of the
development permit.
(4) If, after a notice of decision has been issued on a development permit or after a development
permit has been issued, the Development Officer finds a clerical, technical, grammatical, or
typographical error on the issued notice and/or permit which does not materially affect the
permit in principle or substance, the Development Officer may correct the error and reissue the
notice of decision and/or permit with the correct information and there is no renotification
required and no avenue for an appeal.
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Appeals
48. DEVELOPMENT APPEALS
Any person applying for a development permit or any other person affected by any order, decision,
or development permit made or issued by a Development Authority, or any development application
deemed refused in accordance with Section 27, may appeal such an order, decision or deemed
refusal to the Lethbridge County Subdivision and Development Appeal Board in accordance with the
procedures defined in the Municipal Government Act, or to the Land and Property Rights Tribunal
(LPRT) where the land may be subject to a matter of provincial interest in accordance with the
Municipal Government Act unless otherwise provided in the Regulations.
49. SUBDIVISION DECISION APPEALS
In accordance with the Municipal Government Act and the procedures outlined, any land owner who
applied for subdivision and was refused an approval, or had conditions attached to the approval, or
any subdivision application deemed refused in accordance with Section 60 or for the 60-day decision
time periods prescribed in the MGA, may appeal the decision to the Lethbridge County Subdivision
and Development Appeal Board, or Land and Property Rights Tribunal (LPRT) if the circumstances
require it. Adjacent or affected land owners have no right to appeal under the MGA.
Enforcement
50. NOTICE OF VIOLATION
(1) Where the Development Authority finds that a development or use of land or buildings is not in
accordance with the Municipal Government Act, the Subdivision and Development Regulation,
a development permit or subdivision approval, or this bylaw, the Development Authority may
issue a notice of violation to the registered owner or the person in possession of the land or
buildings or to the person responsible for the contravention.
(2) Such notice shall state the following:
(a) the nature of the violation;
(b) corrective measures required to comply; and
(c) the time period within which such corrective measures must be performed.
51. STOP ORDER
(1) In accordance with section 645(1) of the Municipal Government Act, the Development Authority
is authorized to issue a stop order if it finds that a development, land use or use of a building is
not in accordance with:
(a) the MGA or a land use bylaw or regulations; or
(b) a development permit or subdivision approval, or any conditions attached to the approval.
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Land Use Bylaw No. 24-007
(2) A person receiving a stop order under the MGA may, in accordance with section 645(2) of the
MGA, appeal the order.
52. ENFORCEMENT OF STOP ORDERS
(1) Pursuant to section 646 of the Municipal Government Act, if a person fails or refuses to comply
with an order directed to the person under section 645 or an order of a subdivision and
development appeal board under section 687, the Development Authority may, in accordance
with section 542, enter on the land or building upon obtaining a court order, and take any action
necessary to carry out the order.
(2) The County may register a caveat under the Land Titles Act in respect of an order referred to in
Section 52(1) against the certificate of title for the land that is the subject of an order.
(3) If a caveat is registered under Section 52(2), the County must discharge the caveat when the
order has been complied with.
(4) If compliance with a stop order is not voluntarily effected, the County may undertake legal
action, including but not limited to, seeking injunctive relief from the Alberta Court of Queen's
Bench pursuant to section 554 of the MGA. In accordance with section 553 of the MGA, the
expenses and costs of carrying out an order under section 646 of the MGA may be added to the
tax roll of the parcel of land.
53. PENALTIES AND RIGHT OF ENTRY
(1) Any person who contravenes any provision of this bylaw is guilty of an offence in accordance
with Part 13, Division 5, Offences and Penalties of the Municipal Government Act and is liable to
a fine of not more than $10,000 or to imprisonment for not more than one year or to both fine
and imprisonment.
(2) In accordance with section 542 of the MGA, a Development Authority may, after giving
reasonable notice to and obtaining consent from the owner or occupier of land upon which this
bylaw or MGA authorizes anything to be inspected, remedied or enforced or done by a
municipality:
(a) enter on that land at a reasonable time and carry out inspection, enforcement, or action
authorized or required by the enactment or bylaw;
(b) request anything to be produced to assist in the inspection, remedy, enforcement or action;
and
(c) make copies of anything related to the inspection, remedy, enforcement or action.
(3) If a person refuses to grant consent or refuses to produce anything to assist in the inspection,
remedy, enforcement or action referred to in section 542 of the MGA, the municipality under
the authority of section 543 of the MGA may obtain a court order.
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Administrative Part 1 | 23
Amendments
54. AMENDMENTS TO THE LAND USE BYLAW
(1) The Council may amend this Bylaw at any time in accordance with the procedures detailed in
section 692 of the Municipal Government Act.
(2) The public may request amendments to this Bylaw and all applications shall be submitted using
the applicable form and be accompanied by any additional information, as deemed necessary
by the Development Authority to process the application.
(3) The Development Authority may refuse to accept an application if, in their opinion, the
information supplied is not sufficient to make a proper evaluation of the proposed amendment.
(4) The Development Authority may require public consultation during the circulation of an
amendment application where, in the opinion of the Authority, the proposal is of significant
interest to adjacent or surrounding landowners or may have a broader community impact.
Methods of consultation may include mailed notices, signage, online postings, or other means
as determined appropriate by the Development Authority.
(5) The Development Authority shall forward the application to Council for consideration if their
satisfied sufficient information has been provided with the application.
(6) Public hearing and notification requirements shall be advertised per the Advertising Bylaw, as
amended.
55. LAND USE REDESIGNATION APPLICATION REQUIREMENTS
(1) A request for redesignation from one land use district to another shall be accompanied by:
(a) a completed application form and the applicable fee;
(b) a copy of the Certificate of Title for the lands, dated not more than 60 days prior to the date
on which the application was made;
(c) a narrative describing the:
(i)
proposed designation and future uses(s);
(ii) consistency with the applicable statutory plans;
(iii) compatibility of the proposal with surrounding uses and zoning;
(iv) development potential/suitability of the site, including identification of any
constraints and/or hazard areas (e.g. easements, soil conditions, topography,
drainage, floodplain, steep slopes, etc.);
(v) availability of facilities and services (sewage disposal, domestic water, gas, electricity,
fire protection, etc.) to serve the subject property while maintaining adequate levels
of service to existing development; and
(vi) any potential impacts on public roads;
(d) a conceptual subdivision design, if applicable or requested by the Development Authority
or Council; and
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Land Use Bylaw No. 24-007
(e) any other information deemed necessary by the Development Authority or Council to
properly evaluate the proposal.
(2) If deemed necessary by the Development Authority, Council, or in accordance with any
Municipal Development Plan or county policy, a redesignation application shall be accompanied
by a geotechnical report prepared by an engineer registered with The Association of
Professional Engineers, Geologists, and Geophysicists of Alberta (APEGA), addressing the
following but not limited to:
(a) slope stability,
(b) groundwater,
(c) soil characteristics for on-site sewage,
(d) traffic impact analysis,
(e) an evaluation of surface drainage which may include downstream properties,
(f)
environmental sensitive area studies or environmental impact analysis;
(g) shallow water table, and
(h) flood plain analysis.
(3) An Area Structure Plan or Conceptual Design Scheme shall be required in conjunction with a
redesignation application when the proposal meets the subject framework of the Municipal
Development Plan criteria, or if requested by the Development Authority or Council.
56. REAPPLICATION
(1) Where an application for an amendment to the Lethbridge County Land Use Bylaw has been
defeated by Council, another application that is the same or similar in nature may not be
accepted until at least 18 months after the date of defeat, unless Council applies its discretion
in accordance with Section 56(2).
(2) Council, at its sole discretion, may accept another application for an amendment to the
Lethbridge County Land Use Bylaw on a bylaw that was defeated, prior to the 18 months
described in Section 56(1), if the applicant applies in writing to Council and describes how the
circumstances or proposal has changed to address Council's concerns on defeat of the previous
bylaw, and Council is of the opinion the revised application may be accepted.
57. RESCINDING LAND USE REDESIGNATIONS AMENDING BYLAWS
(1) Council, at its sole discretion, may rescind an amending bylaw which has redesignated certain
lands within the municipality to accommodate a specific proposed subdivision and/or
development within 36 months of the redesignation bylaw being given third and final reading.
Council may rescind the said redesignation bylaw and rezone (redesignate) the lands back to
their original designation if:
(a) the proposed subdivision has not been applied for, decided upon or extended; and/or
Land Use Bylaw No. 24-007
Administrative Part 1 | 25
(b) the proposed development has not been applied for, decided upon, commenced or
extended; and
(c) Council is satisfied that, to the best of their determination, the developer has no intentions
to proceed with the proposal that was the purpose of applying for the redesignation
application,
(2) The rescinding of the redesignation bylaw shall be undertaken in accordance with section 191
of the Municipal Government Act.
58. NOTIFICATION TO ADJACENT MUNICIPALITIES
A draft version of any proposed:
(a) new Land Use Bylaw; or
(b) amendment to or the creation of an urban fringe land use district and associated Parts; or
(c) amendment to any other land use district lying 1.6 km (1 mile) or less from the boundary of an
urban or rural municipality;
shall be sent to the adjacent municipality for comments, in accordance with any policies of an
intermunicipal development plan, and any comments received shall be considered prior to
amendment of this bylaw.
59. SUBDIVISION APPLICATIONS
(1) An applicant applying for subdivision shall provide the required material and information as
requested by the Subdivision Authority or its designate. A completed application shall consist
of:
(a) an official application, in the manner and form prescribed, clearly and legibly filled out with
all the required information and signatures provided as requested on the form;
(b) the applicable fees paid;
(c) an up-to-date and current copy of the Certificate of Title to the subject land;
(d) a (clear and legible) diagram, surveyor's sketch or tentative subdivision plan with
dimensions and a north arrow, in the manner requested which may include the provision
that it be professionally prepared as stipulated;
(e) provincial abandoned gas well information;
(f)
any such other information as may be required at the discretion of the Subdivision
Authority in order to accurately evaluate the application and determine compliance with
the Land Use Bylaw or other government regulations. This may include but is not limited
to the provision of geotechnical information, soil analysis reports, water reports, soil or
slope stability analysis, drainage information, contours and elevations of the land,
engineering studies or reports, wetland reports, environmental impact assessments, utility
and servicing information, and/or the preparation of a conceptual design scheme or an area
structure plan may be required from the applicant prior to a decision being rendered on a
subdivision application to determine the suitability of the land for the proposed use;
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Land Use Bylaw No. 24-007
(g) the consent to authorize the Subdivision Authority or its designate to carry out a site
inspection on the subject land as authorized in accordance with the Municipal Government
Act (MGA) must also be provided on the submitted application form unless determined not
to be needed by the Subdivision Authority.
(2) In accordance with the Municipal Government Act (MGA), the Subdivision Authority or those
authorized to act on its behalf, shall provide notification to a subdivision applicant within the
20-day prescribed time period, on whether a submitted application is deemed complete, or if it
is determined to be deficient what information is required to be submitted by a specified time
period, by sending notification in the following manner:
(a) for an application deemed complete, the applicant shall be notified in writing as part of the
formal subdivision application circulation referral letter;
(b) for an application determined to be incomplete, written notification shall be given to the
applicant which may be in the form of a letter sent by regular mail to the applicant, or sent
by electronic means, or both, or by any other method as may be agreed to between the
applicant and Subdivision Authority;
(c) in respect of subsection (b) for a subdivision application determined to be incomplete, the
applicant will be advised in writing as part of the Notice of Incompleteness what the
outstanding or required information items are that must be submitted by the time specified
in the notice.
(3) Notwithstanding Section 59(2), the applicant and Subdivision Authority may agree and sign a
time extension agreement in writing in accordance with section 653.1(3) of the MGA to extend
the 20-day decision time period to determine whether the subdivision application and support
information submitted is complete.
(4) A determination made by the Subdivision Authority that an application is complete for
processing does not preclude the ability for the Subdivision Authority to request other
information or studies to be submitted by the applicant during the review and processing period,
prior to a decision being rendered, or as condition of subdivision approval.
60. INCOMPLETE SUBDIVISION APPLICATIONS
(1) The Subdivision Authority may refuse to accept and process a subdivision application where the
information required under Section 59 and/or as described in a Notification of Incompleteness
has not been submitted, is determined to be deficient, is still incomplete, or in the opinion of
the Subdivision Authority the quality of the material supplied is inadequate to properly evaluate
the application.
(2) If the Subdivision Authority makes a determination that the application is refused due to
incompleteness, the applicant shall be notified in writing with reasons in the manner as
described in subsection 59(2).
(3) The notification provided for in subsection (b) shall include for the applicant the required
information on the filing of an appeal and to which appeal board body the appeal lies, either the
local appeal board or provincial Land and Property Rights Tribunal (LPRT), in accordance with
the parameters of the MGA.
PART 2
DEVELOPMENT NOT REQUIRING
A DEVELOPMENT PERMIT
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Development Not Requiring A Permit Part 2 | 1
PART 2
DEVELOPMENT NOT REQUIRING A
DEVELOPMENT PERMIT
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
(1) This section does not negate the requirement of obtaining all required permits, as applicable,
under the Safety Codes Act and any other Provincial or Federal statute.
(2) Notwithstanding that no development permit may be required by the municipality for the uses
outlined below, any development within 300 metres (984 ft.) of the limit of a provincial
controlled highway or within 800 metres (2,625 ft.) from the centre point of an intersection of
a controlled highway and a public road would require the benefit of a permit from Alberta
Transportation. This includes dugouts, shelter belts, animal shelters, etc.
(3) The following developments and uses shall not require a development permit:
(a) any use or development exempted under section 618(1) of the Municipal Government Act;
(b) any use or development exempted by the Lieutenant Governor in Council pursuant to
section 618(4) of the MGA;
(c) telecommunication antenna systems that are regulated by Innovation, Science, and
Economic Development Canada subject to Part 5 - Standards of Development, Section 40
(Telecommunication Antenna Siting Protocols);
(d) the completion of a building which was lawfully under construction at the date this bylaw
came into effect provided that the building is completed in accordance with the terms and
conditions of any development permit granted;
(e) the completion of a building that did not require a development permit under the previous
land use bylaw and which was lawfully under construction provided the building is
completed within 12 months from the date this bylaw came into effect;
(f)
the use of any building referred to in Section 3(d) of this Part for the purpose for which
construction was commenced;
(g) the installation, maintenance or repair of public works buildings, services, roads, and
utilities carried out by or on behalf of federal, provincial, municipal, or public authorities on
land which is publicly owned or controlled.
(4) The following developments shall not require a development permit, but must otherwise
comply with all other provisions and standards of this bylaw:
(a) the carrying out of works of maintenance or repair to any building, if such works do not
include structural alterations or major works of renovation;
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Land Use Bylaw No. 24-007
(b) interior renovations to a building which do not:
(i)
create another dwelling unit,
(ii) increase parking requirements,
(iii) result in the change of use of a building,
(iv) increase the square footage (increase density);
(c) changing the exterior finish of a building unless it is required as a condition of an authorized
development permit;
(d) the temporary erection or placement of works, plants, machinery or structures needed
solely for the undertaking or completion of construction of a development that has an
approved permit, only while that construction is occurring, provided all standards of the
bylaw are met;
(e) the extensive cultivation or grazing of land;
(f)
confined feeding operations as defined and categorized (at or above the animal threshold
numbers where a NRCB authorization or approval is required) in accordance with the
Agricultural Operations and Practices Act. Notwithstanding that no development permit
may be required by the municipality, any such development would require the benefit of a
permit or registration approval from the Natural Resources Conservation Board (NRCB);
(g) except for dwellings or confined feeding operations, any use, building or structure
associated with extensive agriculture or grazing (including corrals, stockpiles, silage pits,
hay stacks, pole-barns, fencing, grain bins, and greenhouses, potato storage, sheds and
barns less than 92.9 m2 (1,000 sq. ft.) do not require a development permit unless they are
located within the following noted setbacks:
(i)
within 38.1 metres (125 ft.) of the centre line of a municipal road right-of-way;
(ii) within 70.0 metres (230 ft.) of the centre line or 40.0 metres (131 ft.) from the right-
of-way boundary, whichever is greater, of roads designated as provincial highways
under the Highways Development Protection Regulation; or
(iii) on a flood plain, or within 152.4 metres (500 ft.) of the boundary of a flood plain.
Note: On Rural Agriculture (RA) and Urban Fringe (UF) designated land, any extensive
agriculture related use, building or structure proposed to be located within the above
stipulated setback distances would require a development permit for an approved setback
waiver; and, any extensive agriculture related use, building or structure 92.9 m2 (1,000 sq.
ft.) or greater requires a development permit. [Dwellings, additions, garages and shop
buildings require a development permit.]
(h) a dugout or pond is exempt from a development permit if the applicable setbacks to all
roadways (including the required site triangle restriction) and property lines are met in
accordance with the bylaw (setbacks are to include the area for berms, stockpiles and
fencing associated with a dugout or pond);
(i)
with the exception of residential districts (HR, HMH, GCR), the construction of any fences
in all other land use districts is exempt from a development permit provided that applicable
setbacks to all roadways are met in accordance with the bylaw. In residential districts, the
erection, construction, maintenance of a gate, fence, wall or other structural means of
Land Use Bylaw No. 24-007
Development Not Requiring A Permit Part 2 | 3
enclosure equal to or less that regulated height as noted in Part 3 (10) of this bylaw does
not require a development permit;
(j)
on lots not associated with extensive agriculture or grazing, any accessory storage building,
garden shed or structure which is 9.3 m2 (100 sq. ft.) or less in area that is not on a
permanent foundation;
(k) the placement of a construction trailer during the construction, alteration, or maintenance
of a building for a term not to exceed two (2) years providing the trailer is removed upon
occupancy or issuance of an occupancy permit, whichever occurs first and there shall be no
residential occupancy of the construction trailer at any time;
(l)
the placement of storage, shipping, or c-containers (sea-containers):
(i)
in any land use district that are temporary during the construction, alteration, or
maintenance of a building (including in emergency situations to assist with remedying
fire or flood conditions) or moving by the occupants, for a term not to exceed six (6)
months providing the storage, shipping or c-container is removed upon completion of
the construction, renovations or move by the occupants;
(ii) that are located in the Rural Agriculture, Urban Fringe land use districts provided they
do not exceed two containers on a parcel at any given time (see Part 5, Section 36 for
specific regulations and standards);
(m) the use of a building or part thereof as a temporary polling station, returning officer's
headquarters, candidate's campaign office and any other official temporary use in
connection with a federal, provincial or municipal election, referendum or census;
(n) the extraction and processing exclusively by Lethbridge County, its authorized agents or
Alberta Transportation, of sand, gravel, or other earth materials and including asphalt or
concrete mixtures for any County purpose within the County;
(o) the stripping of any topsoil to accommodate a building or other development provided that
the topsoil is not removed from the parcel concerned;
(p) the installation of asphalt, concrete, brick, stone, wood or aggregate driveways, sidewalks,
patios or steps;
(q) landscaping that was not specially required as part of the original development permit,
provided any such landscaping meets the applicable setbacks to all roadways in accordance
with the bylaw;
(r) temporary or above ground outdoor swimming pools where an excavation is not involved,
and portable or above ground hot tubs smaller than 9.3 m² (100 sq. ft.);
(s) temporary outdoor and seasonal sales businesses that are:
(i)
not permanent (e.g. farmers markets, individual single-event farm auction or estate
sales, portable or seasonal fruit and vegetable stands, Christmas tree sales, etc.) that
do not operate on the site more than 30 days in a calendar year (the term operate
includes the set-up and removal of equipment which is to be included in the 30 days);
(ii) seasonal farm-gate sales where the stand is temporary or portable, is less than 9.3 m²
(100 sq. ft.) in size, and there is a reasonable off-road parking area for vehicles and
safety;
Development Not Requiring A Permit Part 2 | 4
Land Use Bylaw No. 24-007
(t) any private communication, television or satellite dish:
(i)
which is less than 1.0 metre (3.3 ft.) in diameter, or
(ii) is located on a parcel designated within the Rural Agriculture land use district;
(u) within the Rural Agriculture district single power generators providing power only to the
property on which it is located and small wind energy conversion systems (Type A) do not
require a development permit,
(v) in any land use district the following do not require a development permit provided they
meet the applicable setbacks and standards of the Land Use Bylaw:
(i)
individual solar collectors on roofs or wall mounted,
(ii) small wind energy conversion systems (SWECS) mounted on buildings or structures
(as defined in this bylaw); however,
individual ground mounted solar collectors and all other power generator proposals in all
land use districts must comply with the standards of the bylaw and may require a permit in
accordance with Part 7 of the bylaw;
(w) within the Rural Agriculture district decks do not require a development permit provided
they meet the applicable setbacks and standards of the Land Use Bylaw, but may require a
building permit (the landowner is responsible for obtaining any required Safety Code
approvals);
(x) the demolition or removal of any building or structure 9.29 m2 (100 sq. ft.) or less in size,
or an agricultural building located in the Rural Agriculture land use district, is exempt from
a demolition permit (and a development permit);
(y) the operation of a day home does not require a development permit;
(z) any signs stated in Part 6 - Sign Regulations, Section 3 (Signs Not Requiring A Permit).
Typically, real estate signs, election signs, garage sale signs, window signs, municipal
addresses, etc. will not require a development permit;
(aa) individual Recreational Vehicle (RV) units (e.g., motor homes, trailers/campers) which are
not considered permanent buildings or structures and are located in an approved RV park
or campground do not require a development permit but must adhere to the regulations
or requirements of any conceptual design scheme, area structure plan, or conceptual site
plan that may be approved for the parcel.
(5) If there is a doubt as to whether a development permit is required, the Development Authority
has the discretion to make the determination and may request that a development permit
application be submitted.
PART 3
LAND USE DISTRICTS AND REGULATIONS
Land Use Bylaw No. 24-007
Land Use Districts and Regulations Part 3 | 1
PART 3
LAND USE DISTRICTS AND REGULATIONS
1.
LAND USE DISTRICTS
The municipality is divided into those land use districts shown on the Land Use Districts Maps
listed in Section 2 of this Part and shall be known by the following identifying names and
symbols:
RURAL AGRICULTURE
- RA
URBAN FRINGE
- UF
GROUPED COUNTRY RESIDENTIAL
- GCR
RURAL GENERAL INDUSTRIAL
- RGI
BUSINESS LIGHT INDUSTRIAL
- BLI
RURAL COMMERCIAL
- RC
RURAL RECREATIONAL
- RR
HAMLET RESIDENTIAL
- HR
HAMLET COMMERCIAL
- HC
HAMLET INDUSTRIAL
- HI
HAMLET PUBLIC / INSTITUTIONAL
- HP/I
HAMLET DIRECT CONTROL
- HDC
HAMLET TRANSITIONAL / AGRICULTURAL
- HT/A
DIRECT CONTROL
- DC
SOLAR ENERGY COMMERCIAL (OVERLAY)
- SEC
2.
LAND USE DISTRICTS MAPS (see Part 10)
(1) Lethbridge County (and detailed diagrams)
(2) Designated Hamlets of:
Chin
Kipp
Diamond City
Monarch
Fairview
Shaughnessy
Iron Springs
Turin
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Rural Agriculture (RA) Part 3 | 1
RURAL AGRICULTURE - RA
1.
PURPOSE
To allow agriculture to continue as an important land use in the County and ensure that it can
continue to operate unencumbered by conflicting land uses, while giving the County the flexibility to
allow isolated non-agriculture uses in certain locations as a support to the agricultural base. The
terms of the Agricultural Operations Protection Act apply in Lethbridge County and must be
respected by both agricultural operators and non-agricultural land users.
2.
PERMITTED, DISCRETIONARY AND PROHIBITED USES
(1) Permitted Uses
Accessory Buildings, Structures and Uses to an Approved Permitted Use
Additions to Existing Buildings
Agricultural Buildings and Structures (see Part 2 - No permit required)
Alternative or Renewable Energy Facilities, Individual (see Part 7)
Day Homes (see Part 2 - No permit required and Part 5, Section 17)
Dwellings:
Single-detached Site-built
Single-detached Manufactured Home 1 (see Part 5, Section 24)
Single-detached Manufactured Home 2 (see Part 5, Section 24)
Single-detached Ready-to-move (see Part 5, Section 24)
Single-detached Moved-in (see Part 5, Section 24)
Extensive Agriculture and Grazing (see Part 2- No permit required)
Home Occupations 1 and 2 (see Part 5, Section 22)
Secondary Suites (contained within a single-detached dwelling) (see Part 5, Section 34)
Secondary Suites (detached garage) (see Part 5, Section 36)
Shipping Containers (see Part 2 - No permit required and Part 5, Section 36)
Signs Type 1 (in accordance with Part 6)
Signs Type 2 (in accordance with Part 6)
Small Wind Energy Conversion Systems (see Part 7, Section 3)
Solar Collectors, Individual (roof, wall mount) (see Part 2 - No Permit Required and Part 7,
Section 2)
(2) Discretionary Uses
Abattoir (see Part 5, Section 1)
Accessory Buildings, Structures and Uses to an Approved Discretionary Use
Agricultural Services
Airstrips
Alternative or Renewable Energy Commercial/Industrial Facilities (see Part 7)
Anhydrous Ammonia Storage (see Section 15 of this district and Part 5, Section 5)
Auction Markets (see Section 6 of this district)
Bed and Breakfasts (see Part 5, Section 9)
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Land Use Bylaw No. 24-007
Boarding Stables (see Section 6 of this district)
Breeding Facilities (see Section 6 of this district)
Cannabis Cultivation (see Part 5, Section 11)
Cannabis Nursery (see Part 5, Section 11)
Confined Feeding Operations (see Part 2 - No municipal permit required, but NRCB provincial
approval needed)
Cryptocurrency (bitcoin) mining (see Part 5, Section 15)
Day Care (see Part 5, Section 16)
Dwellings:
Semi-detached
Multiple-unit
Second or Additional Residence*
Dog Training Facilities (see Section 6 of this district, and Part 5, Section 23)
Farm Stands
Feed Mills / Grain Elevators
Hay Plants (see Part 5, Section 20)
Heliport Sites
Home Occupations 3 (see Part 5, Section 22)
Horticulture, including commercial intensive agriculture and commercial greenhouses
Intensive Livestock Operations (see Part 5 - municipal permit required for non NRCB
jurisdiction animal confinement as outlined in Part 5 standards)
Isolated commercial or industrial uses, pre-existing (see notation below***)
Isolated Country Residential
Kennels (see Section 6 of this district, and Part 5, Section 23)
Market Gardens and Nurseries
Meteorological Towers (see Part 7)
Moved-in Buildings (see Part 5, Section 27)
Personal Workshop and Storage (on vacant parcels) (see Part 5, Section 29)
Public or Private Utilities
Public/Institutional Uses including Cemeteries
Railway and Railway Related Uses
Recreation, Minor
Resource Extraction and Associated Works (see Section 14 of this district, and Part 5, Section
30)
Riding Arena (personal use)
Rodeo Grounds
Seed Processing Facility
Shipping Containers (more than 2) (see Part 5, Section 36)
Signs Type 3 (in accordance with Part 6)
Solar Collectors, Individual (ground mount) (see Part 7, Section 2)
Specialty Manufacturing/Cottage Industry
Stockpiles (inside the distances in Section 5 of this district)
Telecommunications Facilities (see Part 5, Section 40)
Tourist Homes/Short Term Rentals (see Part 5, Section 41)
Veterinary Clinics, Large and Small Animal (see Section 6(3) of this district)
Wind Energy Conversion Systems (see Part 7)
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Rural Agriculture (RA) Part 3 | 3
Work Camps (see Part 5, Section 43)
Any other uses determined by the Development Authority to be similar in nature to any
permitted or discretionary use
(3) Prohibited Uses
Grouped Country Residences - Non-designated**
Grouped Industrial Development - Non-designated**
Hazardous/Noxious Uses
Stripping and Sale of Topsoil
♦ Any use which is not listed as either a Permitted or Discretionary Use, or is not ruled to be
similar to a Permitted or Discretionary Use in accordance with Part 1, Section 34, is a
Prohibited Use.
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* May be allowed with compliance to Part 1, Section 18 of this bylaw.
** "Non-designated" means a cluster or grouping of such uses that has not been designated as such in the
land use bylaw.
*** Pre-existing isolated commercial or industrial uses means uses that are presently operating and have an
approved development permit issued prior to October 2013 and the adoption of Land Use Bylaw No. 1404.
3.
MINIMUM PARCEL AND LOT SIZES
(1) Extensive Agriculture
(a) existing parcels;
(b) quarter sections or parcels subdivided in accordance with Part 8 - Subdivision Criteria;
(c) cut-off parcels at the discretion of the Subdivision Authority;
(d) all other parcels shall be a minimum of. 0.8 ha (2 acres) or greater as may be required by
the Subdivision or Development Authority.
(2) Farmsteads or Isolated Country Residential
(a) existing parcels;
(b) minimum of 0.8 ha (2 acres) or greater as may be required by the Subdivision or
Development Authority.
(3) Confined Feeding Operations (Intensive Livestock Operations)
(a) minimum of 32.35 ha (80 acres); or
(b) on less than 32.35 ha (80 acre) sized parcels, the parcel size shall remain the same size for
which the development approval was originally issued.
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Land Use Bylaw No. 24-007
(4) All Other Uses
The minimum lot size (the area recorded on the Certificate of Title) shall be 0.8 ha (2 acres) or
greater as is reasonably required to support the proposed use as determined by the
Development Authority or Subdivision Authority after consideration of comments from relevant
agencies and in accordance with, but not limited to, the Municipal Government Act, a regional
plan, the Subdivision and Development Regulation, this Land Use Bylaw, the Municipal
Development Plan and any other applicable legislation or regulations.
4.
MINIMUM SETBACK REQUIREMENTS
(1) Side Yard
No building, structure (excluding fencing) or dugout banks shall be within 6.1 metres (20 ft.) of
a property line not fronting on or adjacent to a municipal roadway. For setbacks adjacent to or
fronting roadways, the following Section 5 stipulations shall apply.
(2) Special Setback Requirements
(a) All buildings, structures and development other than extensive cultivation or grazing on
parcels having frontage on a provincial highway may have special requirements for setback,
access and service roadways imposed as a condition of approval by the Development
Authority in accordance with the requirements of Alberta Transportation and the Highways
Development Protection Regulation.
(b) As determined by the Development Authority, all buildings, structures and development
that are to be located in the vicinity of an escarpment, coulee break, river bank or other
geographical feature may have special requirements for setbacks upon due consideration
of any geotechnical or slope stability analysis reports requested by the municipality.
5.
MINIMUM SETBACKS FROM ROADWAYS
(1) No part of a building, structure or development shall be located within:
(a) 38.1 metres (125 ft.) of the centre line of any of any developed or undeveloped municipal
road allowance or public roadway which is not designated as a provincial highway under
the Highways Development Protection Regulation;
(b) 70.0 metres (230 ft.) of the centre line or 40.0 metres (131 ft.) from the right-of-way
boundary, whichever is greater, of roads designated as provincial highways under the
Highways Development Protection Regulation;
(c) for any development adjacent to provincial roadways classified as a four-lane divided
highway or freeways/expressways, the required setback distances and accesses will be
reviewed on a highway-by-highway/development-by-development basis and shall be as
prescribed by Alberta Transportation;
(d) any greater distance that may be required by the Development Authority in order to
facilitate future road widening, service road dedication, to reduce potential snow drifting,
or vision restrictions.
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(2) Where any parcel or part of a parcel has frontage on a provincial highway, special standards for
setbacks, access, and service roadways may be required by Alberta Transportation under the
Highways Development Protection Regulation.
6.
MINIMUM SETBACKS FOR USES INVOLVING LIVESTOCK OR ANIMALS
(1) All corrals, feeders, shelters or other structures for the feeding of animals less than the numbers
outlined in the Agricultural Operations and Practices Amendment Act 2001 and Regulations
(AOPA) shall not be located closer to a neighbouring residence than 30.5 metres (100 ft.).
(2) All corrals, feeders, shelters or other structures for the feeding of animals less than the numbers
outlined in the Agricultural Operations and Practices Amendment Act 2001 and Regulations shall
not be located within 30.5 metres (100 ft.) of the boundary or right-of-way an irrigation district
canal, creek, stream, river, lake shore or water body.
(3) A large animal veterinary clinic (e.g. cattle, horses, pigs, sheep and goat) shall not be located
within 152.4 metres (500 ft.) of a neighbouring residential building.
(4) A kennel, breeding facility, livestock sales yard or abattoir shall not be located within 304.8
metres (1,000 ft.) of a neighbouring residential building.
(5) A confined feeding or intensive livestock operation shall be sited in consideration of prohibited
areas and be able to meet required development setbacks in accordance with the Lethbridge
County Municipal Development Plan.
(6) All confined feeding or intensive livestock operations and associated uses (barns, corrals,
feeders, manure stock piles, lagoons, compost areas, etc.) as defined in the Land Use Bylaw shall
adhere to the minimum distance separation as outlined in AOPA.
7.
MAXIMUM SITE COVERAGE
Unless specified elsewhere in this bylaw, the maximum percentage of the site that may be covered
by buildings and structures shall be as determined by the Development Authority. No building,
structure or driveway shall be located within the area or setbacks required to treat private septic
sewage.
8.
ACCESS
(1) The municipality may, at the time of subdivision or development, require the developer to enter
into an agreement for the construction of any approach(es) necessary to serve the lot or
development area in accordance with the Lethbridge County Engineering Guidelines and
Minimum Servicing Standards.
(2) To ensure proper emergency access, all developments shall have direct legal and developed
physical access to a public roadway in accordance with Lethbridge County Engineering
Guidelines and Minimum Servicing Standards, unless otherwise approved by the municipality. If
the development is within 300 metres (1,000 ft.) of a provincial highway, direct legal and
physical access to a public roadway shall be to the satisfaction of Alberta Transportation.
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Land Use Bylaw No. 24-007
(3) Access points adjacent to blind corners, hills, ridges, railway crossings and any other
obstructions shall be positioned so as to provide a reasonably unobstructed view in either
direction of 100 metres (328 ft.) on a local road.
(4) The requirement of a service road or subdivision street to provide access may be imposed as a
condition of approval for any new subdivision or development. Construction and survey costs
for a service road shall be the responsibility of the applicant.
9.
ACCESSORY BUILDINGS AND STRUCTURES
(1) An accessory building or structure shall not be located in the required setback from a public road
or on an easement.
(2) An accessory building or structure shall be setback a minimum 3.0 metres (10 ft.) from the
principal dwelling and from all other structures on the same lot.
(3) Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not
an accessory building.
(4) As a condition of a permit, if a development approval is required, the Development Authority
may stipulate specific requirements for the type of foundation, fastening or tie-down system,
finish, colour, roof pitch, and materials to be applied to the accessory building or structure.
10. FENCES AND SHELTERBELTS
In rural areas along local roads, the construction or erection of a fence, hedge or shelterbelt shall
comply with the following:
(a) no fence, hedge or shelterbelt shall be erected which would unduly restrict the vision of
approaching traffic;
(b) fencing surrounding public utility lots shall be as per the Lethbridge County Engineering
Guidelines and Minimum Servicing Standards or as stipulated in a Development Agreement;
(c) all fences must be sited to be able to meet the required corner site triangle setbacks as
stipulated in Part 4, Section 12.
(d) a chain link, split rail or barb wire type fence may be located adjacent to the property line or
within the required setbacks to a public road, but, solid material fences and snow fences must
meet the stipulated setbacks to the public road;
(e) no hedge or shelterbelt shall be erected closer than the distances as stipulated in Part 4, Section
12, Fences, Trees and Shelter Belts in Rural Areas, Diagram 4.5, of the right-of-way of a public
road.
11. OBJECTS PROHIBITED OR RESTRICTED IN YARDS
(1) No person shall allow a motor vehicle which has all or part of its superstructure removed, or a
motor vehicle which is in a dilapidated or unsightly condition to remain within 30.5 metres (100
ft.) of a local road or Provincial highway in the district unless it is suitably housed or screened to
the satisfaction of the Development Authority.
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(2) Not more than six (6) recreational vehicles shall be stored or parked on a parcel unless otherwise
approved by the Development Authority.
(3) A recreational vehicle parked on a lot in any district shall not be used for permanent living or
sleeping accommodation.
12. SERVICING REQUIREMENTS
(1) Every development shall be required to install a sewage disposal system and potable water
system in accordance with the Lethbridge County Engineering Guidelines and Minimum Servicing
Standards or other system as approved by the municipality.
(2) The Development Authority may refuse a development, and the Subdivision Authority may
refuse to approve a subdivision, if the parcel on which it is proposed is not large enough or does
not have suitable soil characteristics to support a sewage disposal system to the standard
required.
(3) The Development Authority may refuse a development, and the Subdivision Authority may
refuse to approve a subdivision, if it cannot be demonstrated to the satisfaction of the approval
authority that the parcel has access to a secure potable water source or system.
13. LOCATIONAL CRITERIA FOR ISOLATED COUNTRY RESIDENTIAL DEVELOPMENT
(1) Isolated country residential development shall be discouraged and may be denied an approval
if proposed to be located within:
(a) the minimum distance separation as calculated from an existing or approved confined
feeding operation;
(b) the required (reciprocal) setback distance of noxious industries or resource extraction uses
to residential or higher density urban uses; or
(c) the required or recommended safe setback distance to hazardous, ecologically sensitive,
or other geographical sensitive features (coulees, steep slopes, escarpment, floodplains or
flood prone areas, drainage courses, water bodies) in accordance with the bylaw standards,
or accepted engineering reports at the discretion of the Development Authority; or
(d) any other activity potentially detrimental to a residential environment;
unless the Development Authority or Subdivision and Development Appeal Board is satisfied
that adequate measures will be undertaken to mitigate any nuisance or hazard, or the
Development Authority determines that there is no other reasonable alternative or available
area on the parcel of land in which to suitably locate the dwelling.
(3) In all instances, a development permit application for a residential dwelling shall not be
approved if it is located within 500 metres (1,640 ft.) of an established anhydrous ammonia
bulk storage facility, or within the distances stipulated by the province (MGA, Subdivision and
Development Regulation) for setbacks to wastewater treatment facilities, landfills, or transfer
stations.
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Land Use Bylaw No. 24-007
14. RESOURCE EXTRACTION (GRAVEL AND SAND PITS OR STONE QUARRIES)
(1) For a sand, clay and gravel pit or a stone quarry development the standards and requirements
of Part 5, Use Specific Land Use Provisions, Section 30 shall apply.
(2) The Development Authority may refuse to approve an application for a private sand, clay and
gravel pit or a stone quarry in or adjacent to a river valley, shoreland area or flood prone area if
it is of the opinion that the area is unsuitable in accordance with Section 19 of this district.
(3) The Development Authority shall take into consideration the Cottonwood Report:
Environmentally Significant Areas in the Oldman River Region in making a decision on an
application for a resource extraction use and may deem a development application to be
unsuitable in accordance with that report, or may request additional information be provided
by the applicant to ensure any matters outlined in Section 19 of this district are addressed to
the satisfaction of the Development Authority.
15. ANHYDROUS AMMONIA STORAGE FACILITY
For a development permit application for a bulk anhydrous ammonia storage facility or a residential
dwelling in proximity to an existing bulk ammonia storage facility the Development Authority:
(a) shall consider the location of neighbouring residential uses and apply the "Guidelines for the
Location of Stationary Bulk Ammonia Facilities" prepared by Alberta Environment before making
a decision on a development application concerning a bulk ammonia storage facility; and
(b) in all instances, a development application for a residential dwelling shall not be approved if it
is located within 500 metres (1,640 ft.) of an established anhydrous ammonia bulk storage
facility.
16. AIRPORT AREA RESTRICTIONS
Properties that lie within the area shown in Map 1, Part 5, will have additional subdivision and
development restrictions as outlined in Part 5, Section 3, Airport Area Restrictions.
17. RIVER VALLEYS AND SHORELANDS
(1) Before approving any application in or adjacent to a river valley or shoreland area to locate or
expand a land use, or which requires a land use bylaw waiver, the Development Authority shall
refer such an application to any local, regional, provincial or federal government agency that, in
its opinion, has an interest in land use management.
(2) No application to locate or expand a land use in or adjacent to a river valley or shoreland area
shall be approved unless, in the opinion of the Development Authority, the proposal will not:
(a) be located in a flood prone area; and
(b) cause soil erosion or damage to a river bank; and
(c) cause deterioration of water quality; and
(d) hinder the flow of water to the river; and
(e) compromise aesthetic quality or natural amenities; and
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Rural Agriculture (RA) Part 3 | 9
(f)
be detrimental to area of ecologically sensitive habitat or of historic or scenic importance;
and
(g) have a detrimental effect on adjoining or nearby agricultural operations if the proposed
development is for a non-agricultural use; and
(h) have a detrimental effect on existing or proposed recreation areas; and
(i)
have a detrimental effect on existing or proposed irrigation canals or water diversion
structures.
(3) Notwithstanding Part 4, Section 40(2), a resource extraction and gravel pit operation may be
granted an approval to operate or expand in or adjacent to a river valley or shoreland area if an
engineering study has been completed that illustrates the use will not be detrimental or can be
managed in such manner it will not compromise the matters identified in Part 4, Section 40(2),
and the Development Authority in its discretion accepts the findings of the report.
(4) Where a proposed development is flood protected and is granted permission to locate within
the flood fringe area of the 1:100 year flood plain of any watercourse, the Development
Authority may request the developer to provide any of the following requirements prior to the
issuance of a development permit:
(a) the registration of a Save Harmless Agreement against the title indemnifying the
municipality in case of a subsequent flood causing damage to the development;
(b) the provision of an appropriate private sewage disposal system to the satisfaction of the
appropriate health authority and the Safety Codes Act;
(c) a certificate from a qualified Alberta Land Surveyor stating the top of the footings of any
proposed development will be at or above the 1:100 flood plain level and proof of such
elevation;
(d) an assurance that any proposed setback requirements as established by Alberta
Environment or other government department are met or exceeded.
(e) Notwithstanding that a use may be a permitted or discretionary use in a land use district, a
proposed development containing building or structures to be located in the known
floodway portion of the flood hazard area shall not be issued a development permit by the
Development Authority.
(5) The standards and requirements of Sections 37 to 40 of Part 4, General Land Use Provisions,
Standards of Development, must also be considered and may be applicable.
18. SERVICES, TRANSPORTATION AND UTILITIES FACILITIES
(1) No application to locate or expand a land use shall be approved unless, in the opinion of the
Development Authority, the proposed use will not have a detrimental effect on any:
(a) transportation or communication system, including provincial highways, railway, airport
site or communication facility; or
(b) regionally significant services or utilities facilities, including irrigation works, pipelines and
power transmission lines.
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(2) Any application for development located in the vicinity of a known sour gas pipeline shall be
circulated to the Energy Resources Conservation Board for comment.
19. COMPREHENSIVE DEVELOPMENT PLANS, AREA STRUCTURE PLANS AND CONCEPTUAL
DESIGN SCHEMES
Where it becomes apparent to the Development Authority or municipality that too much
development is being concentrated in one area:
(a) the Subdivision Authority or Development Authority may, with the approval of the Council,
require that future development applications for the area be accompanied by a comprehensive
development plan which has been approved by Council; or
(b) Council may require applicants proposing development in the area to undertake the preparation
of an area structure plan or conceptual design scheme.
20. STANDARDS OF DEVELOPMENT (See Part 4 - General Land Use Provisions)
(1) Part 4 contains land use and development standards that may be required and stipulated as a
condition of a subdivision or development approval.
(2) All development must comply with any additional standards that may be contained in an
adopted area structure plan or design scheme.
21. LANDSCAPING AND SCREENING (See Part 4 - General Land Use Provisions)
22. OFF-STREET PARKING REQUIREMENTS (See Part 4 - General Land Use Provisions)
23. USE SPECIFIC STANDARDS OF DEVELOPMENT (See Part 5 - Use Specific Provisions)
24. READY-TO-MOVE / MANUFACTURED HOME DEVELOPMENT STANDARDS (See Part 5 -
Use Specific Provisions)
25. MOVED-IN DWELLINGS AND BUILDINGS (See Part 5 - Use Specific Provisions)
26. HOME OCCUPATIONS (See Part 5 - Use Specific Provisions)
27. SIGN REGULATIONS (See Part 6)
28. ALTERNATIVE / RENEWABLE ENERGY DEVELOPMENTS (See Part 7)
29. SUBDIVISION CRITERIA (See Part 8)
30. FORMS (See Appendix B)
31. FEES (See Appendix C)
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Urban Fringe (UF) Part 3 | 1
URBAN FRINGE - UF
1.
PURPOSE
To protect agricultural land for agricultural use while managing the fringe areas of the urban
municipalities so they are developed in a balanced, non-conflicting manner and ensuring non-
agricultural uses are compatible with an urban environment, are of a high quality, and are
considerate of servicing and growth issues. To also adopt specific land use controls in the urban fringe
areas in accordance with the policies outlined in the Intermunicipal Development Plans adopted by
Lethbridge County and its neighbouring urban municipalities.
2.
PERMITTED, DISCRETIONARY AND PROHIBITED USES
(1) Permitted Uses
Accessory Buildings, Structures and Uses to an Approved Permitted Use
Agricultural Buildings and Structures (see Part 2 - No permit required)
Day Homes (see Part 2 - No permit required and Part 5, Section 17)
Dwellings:
Single-detached Site-built
Single-detached Moved-In Residence
Single-detached Manufactured Home 1 (see Part 5, Section 24)
Single-detached Manufactured Home 2 (see Part 5, Section 24)
Single-detached Ready-to-move (see Part 5, Section 24)
Extensive Agriculture and Grazing (see Part 2, - No permit required)
Home Occupations 1 (see Part 5, Section 22)
Public Utilities
Secondary Suites (contained within a single-detached dwelling) (see Part 5, Section 34)
Secondary Suites (detached garage) (see Part 5, Section 34)
Shipping Containers, Temporary (see Part 2 - No permit required and Part 5, Section 36)
Signs Type 1 (in accordance with Part 6)
Solar Collectors, Individual (roof, wall mount) (see Part 2 - No Permit Required and Part 7,
Section 2)
(2) Discretionary Uses
Accessory Buildings, Structures and Uses to an Approved Discretionary Use
Agricultural Services
Airports (YQL) ***
Airstrips ***
Alternative or Renewable Energy Facilities, Individual (see Part 7)
Bed and Breakfasts (see Part 5, Section 9)
Cemeteries
Day Care (see Part 5, Section 16)
Dog Training Facilities (see Section 6 (3) of this district, and Part 5, Section 23) ***
Dwellings:
Urban Fringe (UF) Part 3 | 2
Land Use Bylaw No. 24-007
Semi-detached (or duplex)
Second or Additional Residences*
Garden Centre
Resource Extraction and Associated Works (see Part 5, Section 30) ***
Home Occupations 2 and 3 (see Part 5, Section 22)
Horticulture
Kennels (see Section 6 (3) of this district, and Part 5, Section 23) ***
Isolated Country Residential (for subdivision purposes) (see Part 8)
Market Gardening and Nurseries
Moved-in Buildings (see Part 5, Section 27)
Municipal Servicing Installations
Personal Workshop and Storage (non-commercial, for vacant parcels) (see Part 5, Section 29)
Public/Institutional Uses
Public Parks
Railway and Railway Related Uses ***
Recreation, Minor
Recreational Vehicle Storage (see Part 5, Section 31)
Riding Arena (personal use)
Seed Processing Facility
Signs Type 2 Fascia (in accordance with Part 6)
Shipping Containers (more than 2) (see Part 5, Section 36)
Small Wind Energy Conversion Systems (see Part 7, Section 3)
Solar Collectors, Individual (ground mount) (see Part 7, Section 2)
Stockpiles
Telecommunication Facilities (see Part 5, Section 40)
Tourist Homes/Short Term Rentals (see Part 5, Section 41)
Veterinary Clinics, Large Animal
Veterinary Clinics, Small Animal
Wind Energy Conversion Systems (see Part 7)
(3) Prohibited Uses
Confined Feeding Operations
Grouped Country Residential - Non-designated**
Grouped Industrial - Non-designated**
Rural Commercial - Non-designated**
-
Any use listed in Section (4), Exceptions to Uses, is also prohibited.
♦ Any use which is not listed as either a Permitted or Discretionary Use, or is not ruled to be
similar to a Permitted or Discretionary Use in accordance with Part 1, Section 34, is a
Prohibited Use.
(4) Exceptions to Uses ***
Notwithstanding Sections (1) and (2) of this part, within the designated fringe areas of an urban
municipality the following land use applies and takes precedence over Sections (1) and (2):
Town of Coaldale: Airports, Kennels, Resource Extraction and Associated Works
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Urban Fringe (UF) Part 3 | 3
Town of Coalhurst: Airports, Airstrips, Kennels, Resource Extraction and Associated Works,
Railway and Railway Related Uses
Town of Picture Butte: Airports, Airstrips, Resource Extraction and Associated Works
Town of Nobleford: Airports, Airstrips, Kennels, Resource Extraction and Associated Works,
Railway and Railway Related Uses
Village of Barons: Airports, Airstrips, Kennels, Resource Extraction and Associated Works,
Railway and Railway Related Uses, Veterinary Clinics-Large animal
If there is found any conflict between this list and any Intermunicipal Development Plan policy
pertaining to land use, the IDP shall prevail.
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* May be allowed with compliance to Part 1, Section 18 of this bylaw and Part 4, Section 5.
** "Non-designated" means a cluster or grouping of such uses that has not been designated as such in the
land use bylaw.
*** There are certain land use restrictions for different urban fringe areas where uses listed as either
permitted or discretionary may be prohibited in some specified urban fringe boundaries as per the list in
Section 2(4) of this part.
3.
MINIMUM LOT SIZE
(1) The minimum required parcel or lot size shall be:
(a) existing parcels;
(b) 0.8 ha (2 acres) of developable land or greater as may be required by the Subdivision or
Development Authority to support the proposed use.
(2) Parcels or lots less than 0.8 ha (2 acres) in size may be considered in the following circumstances:
(a) the lots are to be connected to municipal services; or
(b) the lots are included in a municipal approved area structure plan or design scheme and the
lot area is based on an alternative or communal waste water treatment system acceptable
to the municipality. In such situations, the minimum lot area should not be less than 0.2
ha (20,000 sq. ft.) unless special circumstances warrant a smaller size.
4.
MINIMUM YARD SETBACK REQUIREMENTS
(1) No structure (excluding fencing) or dugout banks shall be within 6.1 metres (20 ft.) of a property
line. For setbacks adjacent to or fronting roadways, the following Section 5 stipulations shall
apply.
(2) Special Setback Requirements
All buildings, structures and development other than extensive cultivation or grazing on parcels
having frontage on a provincial highway may have special requirements for setback, access and
service roadways imposed as a condition of approval by the Development Authority in
accordance with the requirements of Alberta Transportation and the Highways Development
Protection Regulation.
Urban Fringe (UF) Part 3 | 4
Land Use Bylaw No. 24-007
5.
MINIMUM SETBACKS FROM ROADWAYS
(1) No part of a building, structure or development shall be located within:
(a) 38.1 metres (125 ft.) of the centre line of any public roadway which is not designated as a
provincial highway under the Highways Development Protection Regulation;
(b) 70.0 metres (230 ft.) of the centre line or 40.0 metres (131 ft.) from the right-of-way
boundary, whichever is greater, of roads designated as provincial highways under the
Highways Development Protection Regulation;
(c) for any development adjacent to provincial roadways classified as a four-lane divided
highway or freeways/expressways, the required setback distances and accesses will be
reviewed on a highway-by-highway/development-by-development basis and shall be as
prescribed by Alberta Transportation;
(d) any greater distance that may be required by the Development Authority in order to
facilitate future road widening, service road dedication, to reduce potential snow drifting,
or vision restrictions.
(2) Where any parcel or part of a parcel has frontage on a provincial highway, special standards for
setbacks, access, and service roadways may be required by Alberta Transportation under the
Highways Development Protection Regulation.
(3) Where any parcel or part of a parcel has frontage on to an adjacent municipality's roadway,
special standards for setbacks, access, and service roadways may be required in consultation
with the adjacent municipality; or, as stipulated in any intermunicipal agreement or
intermunicipal development plan adopted between the two municipalities.
(4) Landscaping and dugout setbacks shall be at the discretion of the Development Authority having
consideration for future road widening and possible adverse effects on the safety of the
roadway.
6.
MINIMUM SETBACKS FOR USES INVOLVING LIVESTOCK OR ANIMALS
(1) All corrals, feeders, shelters or other structures for the feeding of animals less than the numbers
outlined in the Agricultural Operations and Practices Amendment Act 2001 and Regulations shall
not be located closer to a neighbouring residence than 30.5 metres (100 ft.).
(2) All corrals, feeders, shelters or other structures for the feeding of animals less than the numbers
outlined in the Agricultural Operations and Practices Amendment Act 2001 and Regulations shall
not be located within 30.5 metres (100 ft.) of the boundary or right-of-way an irrigation district
canal, creek, stream, river, lake shore or water body.
(3) A kennel or breeding facility shall not be located within 304.8 metres (1,000 ft.) of a
neighbouring residential building.
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Urban Fringe (UF) Part 3 | 5
7.
MAXIMUM SITE COVERAGE
(1) Unless specified elsewhere in this bylaw, the maximum percentage of the site that may be
covered by buildings and structures shall be as determined by the Development Authority. No
building, structure or driveway shall be located within the area or setbacks required or identified
to treat private septic sewage.
(2) At the discretion of the Development Authority, the maximum size (i.e., square footage or
building footprint) of an accessory building or structure to be located on a parcel may be
stipulated as a condition of approval on a development permit.
8.
ACCESS
(1) The municipality may, at the time of subdivision or development, require the developer to enter
into an agreement for the construction of any approach(es) necessary to serve the lot or
development area in accordance with Lethbridge County Engineering Guidelines and Minimum
Servicing Standards.
(2) To ensure proper emergency access, all developments shall have direct legal and developed
physical access to a public roadway in accordance with Lethbridge County Engineering
Guidelines and Minimum Servicing Standards. If the development is within 304.8 metres (¼
mile) of a provincial highway, direct legal and physical access to a public roadway shall be to the
satisfaction of Alberta Transportation.
(3) Access points adjacent to blind corners, hills, ridges, railway crossings and any other
obstructions shall be positioned so as to provide a reasonably unobstructed view in either
direction of 100 metres (328 ft.) on a local road.
(4) The requirement of a service road or subdivision street to provide access may be imposed as a
condition of approval for any new development other than those deemed approved.
Construction and survey costs for a service road shall be the responsibility of the applicant.
(5) If access is required onto a roadway under the jurisdiction of an adjacent municipality, the
affected municipality shall be notified to obtain consent. In the case where an Intermunicipal
Development Plan is adopted by the two municipalities, any applicable road network/access
policies stipulated in that joint agreement shall apply.
9.
ACCESSORY BUILDINGS AND STRUCTURES
(1) An accessory building or structure shall only be constructed in conjunction with an approved
principal building or use and not be used as a permanent dwelling.
(2) An accessory building or structure shall not be located in the required setback from a public road
or on an easement.
(3) An accessory building or structure shall be setback a minimum 3.0 metres (10 ft.) from the
principal dwelling and from all other structures on the same lot.
Urban Fringe (UF) Part 3 | 6
Land Use Bylaw No. 24-007
(4) Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not
an accessory building.
(5) As a condition of a permit, if a development approval is required, the Development Authority
may stipulate specific requirements for the type of foundation, fastening or tie-down system,
finish, colour, roof pitch, and materials to be applied to the accessory building or structure.
10. FENCES AND SHELTERBELTS
In rural areas along local roads, the construction or erection of a fence, hedge or shelterbelt shall
comply with the following:
(a) no fence, hedge or shelterbelt shall be erected which would unduly restrict the vision of
approaching traffic;
(b) fencing surrounding public utility lots shall be as per Lethbridge County Engineering Guidelines
and Minimum Servicing Standards or as stipulated in a Development Agreement;
(c) all fences must be sited to be able to meet the required corner site triangle setbacks as
stipulated in Part 4, Section 12.
(d) a chain link, split rail or barb wire type fence may be located adjacent to the property line or
within the required setbacks to a public road, but, solid material fences and snow fences must
meet the stipulated setbacks to the public road;
(e) no hedge or shelterbelt shall be erected closer than the distances as stipulated in Part 4, Section
14, Fences, Trees and Shelter Belts in Rural Areas, Diagram 4.5, of the right-of-way of a public
road.
11. OBJECTS PROHIBITED OR RESTRICTED IN YARDS
(1) No person shall allow a motor vehicle which has all or part of its superstructure removed, or a
motor vehicle which is in a dilapidated or unsightly condition to remain within 30.5 metres (100
ft.) of a local road or provincial highway in the district unless it is suitably housed or screened to
the satisfaction of the Development Authority.
(2) Not more than six (6) recreational vehicles shall be stored or parked on a parcel unless otherwise
approved by the Development Authority.
(3) A recreational vehicle parked on a lot in any district shall not be used for permanent living or
sleeping accommodation.
12. SERVICING REQUIREMENTS
(1) Every development shall be required to install a sewage disposal system and potable water
system in accordance with Lethbridge County Engineering Guidelines and Minimum Servicing
Standards or other system as approved by the municipality.
(2) The Development Authority may refuse a development, and the Subdivision Authority may
refuse to approve a subdivision, if the parcel on which it is proposed is not large enough or does
Land Use Bylaw No. 24-007
Urban Fringe (UF) Part 3 | 7
not have suitable soil characteristics to support a sewage disposal system to the standard
required.
(3) The Development Authority may refuse a development, and the Subdivision Authority may
refuse to approve a subdivision, if it cannot be demonstrated to the satisfaction of the approval
authority that the parcel has access to a secure potable water source or system.
13. LOCATIONAL CRITERIA FOR ISOLATED COUNTRY RESIDENTIAL DEVELOPMENT
(1) Isolated country residential development shall be discouraged if located within:
(a) the minimum distance separation as calculated from an existing or approved confined
feeding operation;
(b) the required (reciprocal) setback distance of noxious industries or resource extraction uses
to residential or higher density urban uses; or
(c) the required or recommended safe setback distance to hazardous, ecologically sensitive,
or other geographical sensitive features (coulees, steep slopes, escarpment, floodplains or
flood prone areas, drainage courses, water bodies) in accordance with the bylaw standards,
or accepted engineering reports at the discretion of the Development Authority; or
(d) any other activity potentially detrimental to a residential environment;
unless the Development Authority or Subdivision and Development Appeal Board is satisfied
that adequate measures will be undertaken to mitigate any nuisance or hazard, or the
Development Authority determines that there is no other reasonable alternative or available
area on the parcel of land in which to suitably locate the dwelling.
(2) In all instances, a development permit application for a residential dwelling shall not be
approved if it is located within 500 metres (1,640 ft.) of an established Anhydrous Ammonia bulk
storage facility.
14. HAZARDOUS OR NOXIOUS INDUSTRY
Development of hazardous or noxious uses shall be discouraged in this land use district.
15. DEVELOPMENT APPLICATION REFERRALS
(1) Applications for development permits shall be forwarded to the adjacent urban municipality for
comments in accordance with the Intermunicipal Development Plan, prior to a decision being
made on an application.
(2) Pursuant to the Lethbridge County Municipal Development Plan, the Development Authority
may take into account the direct or indirect effects of development applications within this land
use district on the immediate and surrounding areas, as well as the possible effect on future
development of the Town of Coaldale, Town of Picture Butte, Town of Coalhurst, Village of
Barons, Town of Nobleford, or City of Lethbridge as applicable.
(3) In areas of the Town of Coalhurst rural urban fringe, applications may be referred to the City of
Lethbridge in accordance with any applicable Intermunicipal Development Plan policies.
Urban Fringe (UF) Part 3 | 8
Land Use Bylaw No. 24-007
(4) Land use policies, development restrictions or standards stipulated in any adopted
Intermunicipal Development Plan with the adjacent urban municipality, which are applicable to
the Urban Fringe area, shall take precedence over any policy or standard in this bylaw if there is
a perceived conflict.
16. STANDARDS OF DEVELOPMENT (See Part 4 - General Land Use Provisions)
(1) Part 4 contains land use and development standards that may be required and stipulated as a
condition of a subdivision or development approval.
(2) All development must comply with any additional standards that may be contained in an
adopted area structure plan or design scheme.
17. ARCHITECTURAL CONTROLS
All development must comply with any approved architectural controls if required as part of an area
structure plan or subdivision approval. Proof of compliance to the applicable architectural controls
is required at the time of submission of a development permit application.
18. BYLAW AMENDMENT APPLICATION REFERRALS
Applications for bylaw amendments to redesignate a parcel of land from the Urban Fringe to another
land use district shall be forwarded to the affected adjacent urban municipality for comments, prior
to a decision being made by Council, in accordance with the Intermunicipal Development Plan.
19. AIRPORT AREA RESTRICTIONS
Properties that lie within the City of Lethbridge fringe area shown in Map 4, Part 9, will have
additional subdivision and development restrictions as outlined in Part 5, Airport Area Restrictions.
All development and land uses on the airport (YQL) parcel, including sub-leased areas with
commercial or industrial development, are subject to the regulations and restrictions of Part 5,
Section 3, and do require a development permit.
20. URBAN STAR PARK OVERLAY DISTRICT
The following provisions are intended to protect Popson Park and the Oldman River Observatory
(ORO), located within the City of Lethbridge, which has been designated an Urban Star Park. The
purpose of these provisions is to protect the observatory from direct illumination by outdoor lighting
located within or adjacent to Popson Park and to limit contributions to sky glow in the vicinity of
Popson Park. The provisions consider a circular general Sky Glow Protection Region 1500 metres in
radius that is centred on the Oldman River Observatory in Popson Park and an irregular shaped zone
(Lighting Setback Area) that borders the south side of the Oldman River Valley. Within this area,
special luminaire and mounting height restrictions may be required at the discretion of the
Development Authority.
(1) Applicability
(a) For properties within the Lethbridge Urban Fringe that are located within the 1500-metre
radius to the ORO, as identified in the area illustrated on Part 9, Map 3, Lethbridge Urban
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Urban Fringe (UF) Part 3 | 9
Fringe - LUF Overlay Map 1500 m Lighting Restriction Area, specific restrictions pertaining
to lighting and illumination may be applied by the Development Authority.
(b) Lighting design is to achieve illumination levels minimizing stay illumination to the
observatory.
(c) As part of an approval for a development permit for either a permitted or discretionary use,
the Development Authority may place conditions on the permit that stipulate the type of
lighting, fixture and illumination that may be required and may also place restrictions on
the mounting height of lighting in order to ensure that the provisions of this section are
respected.
(2)
Information Requirements
In addition to the standard bylaw requirements for submitting a development permit
application, the Development Authority may request that a development permit application
also contain, but may not be limited to, the following:
(a) plans indicating:
(i)
the location of all buildings and structures on the property;
(ii) the location, number, type, position, elevation and mounting height of all Outdoor
Light Fixtures;
(iii) the number and location of Outdoor Light Fixtures to be equipped with Automatic
Timing Devices; and
(iv) any building design or other features which may affect the nature, intensity or
direction of light emission from Outdoor Light fixtures;
(b) a description of and background information regarding all Outdoor Light Fixtures, including:
(i)
power (in watts),
(ii) type of light source,
(iii) filtering, if any,
(iv) information evidencing whether or not Outdoor Light Fixtures are Shielded,
(v) information as to light distribution in the horizontal and vertical phase planes,
(vi) information as to light distribution in the horizontal plane between 10:00 p.m. and
6:00 a.m. the following day, and
(vii) manufacturer's catalogue information and drawings;
(c) information regarding the design capability of the Outdoor Light Fixture to permit any
change in the items referred to in paragraphs (a) and (b).
21. LANDSCAPING AND SCREENING (See Part 4 - General Land Use Provisions)
22. OFF-STREET PARKING REQUIREMENTS (See Part 4 - General Land Use Provisions)
23. USE SPECIFIC STANDARDS OF DEVELOPMENT (See Part 5 - Use Specific Provisions)
24. READY-TO-MOVE / MANUFACTURED HOME DEVELOPMENTS (See Part 5 - Use Specific
Provisions)
Urban Fringe (UF) Part 3 | 10
Land Use Bylaw No. 24-007
25. MOVED-IN DWELLINGS AND BUILDINGS (See Part 5 - Use Specific Provisions)
26. HOME OCCUPATIONS (See Part 5 - Use Specific Provisions)
27. SIGN REGULATIONS (See Part 6)
28. ALTERNATIVE / RENEWABLE ENERGY DEVELOPMENTS (See Part 7)
29. SUBDIVISION CRITERIA (See Part 8)
30. FORMS (See Appendix A)
Land Use Bylaw No. 24-007
Grouped Country Residential (GCR) Part 3 | 1
GROUPED COUNTRY RESIDENTIAL - GCR
1.
PURPOSE
To provide for a high quality of clustered residential development in areas where no conflict with
agriculture or industrial type land uses can be anticipated pursuant to the Municipal Development
Plan. Uses which are incompatible with the primarily residential character of this district are
discouraged.
2.
PERMITTED, DISCRETIONARY AND PROHIBITED USES
(1) Permitted Uses
Accessory Buildings, Structures and Uses to an Approved Permitted Use
Day Homes (see Part 2 - No permit required, and Part 5, Section 17)
Dwellings:
Single-detached Site-built
Single-detached Manufactured Homes 1 (see Part 5, Section 24)
Single-detached Ready-to-move (see Part 5, Section 24)
Home Occupations 1 (see Part 5,Section 22)
Secondary Suites (contained within a single-detached dwelling) (see Part 5, Section 34)
Shipping Containers, Temporary (see Part 2 - No permit required and Part 5, Section 36)
Signs Type 1 (in accordance with Part 6)
Solar Collectors, Individual (roof, wall mount) (see Part 2 - No permit required and Part 7, Section
2)
(2) Discretionary Uses
Accessory Buildings, Structures and Uses to an Approved Discretionary Use
Bed and Breakfasts (see Part 5, Section 9)
Day Care (see Part 5, Section 16)
Dwellings:
Moved-in
Semi-detached / Duplex
Single-detached Manufactured Homes 2 (see Part 5, Section 24)
Home Occupations 2 (see Part 5, Section 22)
Manufactured Home Parks
Moved-in Buildings (see Part 5, Section 27)
Parks, Playgrounds and Sportfields
Secondary Suites (detached garage) (see Part 5, Section 34)
Shipping Containers (up to 2 maximum) (see Part 5, Section 36)
Signs Type 2 Fascia (in accordance with Part 6)
Small Wind Energy Conversion Systems (see Part 7, Part 3)
Solar Collectors, Individual (ground mount) (see Part 7, Section 2)
Tourist Homes/Short Term Rentals (see Part 5, Section 41)
Grouped Country Residential (GCR) Part 3 | 2
Land Use Bylaw No. 24-007
(3) Prohibited Uses
♦ Any use which is not listed as either a Permitted or Discretionary Use, or is not ruled to be
similar to a Permitted or Discretionary Use in accordance with Part 1, Section 34, is a
Prohibited Use.
3.
MINIMUM LOT SIZE
(1) The minimum required parcel or lot size shall be:
(a) existing parcels;
(b) 0.8 ha (2 acres) of developable land or greater as reasonably required to support the
proposed use if private disposal sewage systems are used.
(2) Parcels or lots less than 0.8 ha (2 acres) in size may be considered in the following circumstances:
(a) the lots are to be connected to municipal services; or
(b) the lots are included in a municipal approved area structure plan or design scheme and the
lot area is based on an alternative or communal waste water treatment system acceptable
to the municipality. In such situations, the minimum lot area should not be less than 0.2
ha (20,000 sq. ft.) unless special circumstances warrant a smaller size; or
(c) the lots are part of an area that has a valid area structure plan or design scheme applicable
to it, which was approved by Council prior to this land use bylaw taking effect, and the
subdivision is being registered or developed in stages which have been initiated.
4.
MINIMUM YARD SETBACK REQUIREMENTS
(1) Side Yard
No building, structure (excluding fencing) or dugout banks shall be within 6.1 metres (20 ft.) of
a property line not fronting on or adjacent to a municipal roadway, or as established in an
adopted area structure plan or design scheme.
(2) Front yards
Front yards setbacks for all uses shall be a minimum of 15.2 metres (50 ft.) from the property
line adjacent to or fronting a local or internal subdivision road, not categorized as a statutory
municipal road allowance. For setbacks adjacent to or fronting other roadways Section 5
stipulations shall apply, unless a variance is approved by the Development Authority or Alberta
Transportation.
(3) Special Setback Requirements
(a) All buildings, structures and development other than extensive cultivation or grazing on
parcels having frontage on a provincial highway may have special requirements for setback,
access and service roadways imposed as a condition of approval by the Development
Authority in accordance with the requirements of Alberta Transportation and the Highways
Development Protection Regulation.
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Grouped Country Residential (GCR) Part 3 | 3
(b) As determined by the Development Authority, all buildings, structures and development
that are to be located in the vicinity of an escarpment, coulee break, river bank or other
geographical feature may have special requirements for setbacks upon due consideration
of any geotechnical or slope stability analysis reports requested by the municipality.
5.
MINIMUM SETBACKS FROM ROADWAYS
(1) No part of a building, structure or development shall be located within:
(a) 38.1 metres (125 ft.) of the centre line of any public roadway which is not designated as a
provincial highway under the Highways Development Protection Regulation;
(b) 70.0 metres (230 ft.) of the centre line or 40.0 metres (131 ft.) from the right-of-way
boundary, whichever is greater, of roads designated as provincial highways under the
Highways Development Protection Regulation;
(c) for any development adjacent to provincial roadways classified as a four-lane divided
highway or freeways/expressways, the required setback distances and accesses will be
reviewed on a highway-by-highway/development-by-development basis and shall be as
prescribed by Alberta Transportation;
(d) any greater distance that may be required by the Development Authority in order to
facilitate future road widening, service road dedication, to reduce potential snow drifting,
or vision restrictions.
(2) Where any parcel or part of a parcel has frontage on a provincial highway, special standards for
setbacks, access, and service roadways may be required by Alberta Transportation under the
Highways Development Protection Regulation.
6.
MINIMUM SETBACKS FOR USES INVOLVING LIVESTOCK OR ANIMALS
(1) All corrals, feeders, shelters or other structures for the feeding of animals less than the numbers
outlined in the Agricultural Operations and Practices Amendment Act 2001 and Regulations shall
not be located closer to a neighbouring residence than 30.5 metres (100 ft.).
(2) All corrals, feeders, shelters or other structures for the feeding of animals less than the numbers
outlined in the Agricultural Operations and Practices Amendment Act 2001 and Regulations shall
not be located within 30.5 metres (100 ft.) of the boundary or right-of-way an irrigation district
canal, creek, stream, river, lake shore or water body.
7.
MAXIMUM SITE COVERAGE
(1) Unless specified elsewhere in this bylaw, the maximum percentage of the site that may be
covered by buildings and structures shall be:
(a) as determined by the Development Authority - no building, structure or driveway shall be
located within the area or setbacks required or identified to treat private septic sewage; or
(b) as established in an adopted area structure plan or design scheme.
Grouped Country Residential (GCR) Part 3 | 4
Land Use Bylaw No. 24-007
(2) The maximum size (i.e., square footage or building footprint) of an accessory building or
structure to be located on a lot or parcel shall not exceed the sizes as stipulated in Section 10 of
this district.
8.
ACCESS
(1) The municipality may, at the time of subdivision or development, require the developer to enter
into an agreement for the construction of any approach(es) necessary to serve the lot or
development area in accordance with Lethbridge County Engineering Guidelines and Minimum
Servicing Standards.
(2) To ensure proper emergency access, all developments shall have direct legal and developed
physical access to a public roadway in accordance with Lethbridge County Engineering
Guidelines and Minimum Servicing Standards. If the development is within 300 metres (¼ mile)
of a provincial highway, direct legal and physical access to a public roadway shall be to the
satisfaction of Alberta Transportation.
(3) Access points adjacent to blind corners, hills, ridges, railway crossings and any other
obstructions shall be positioned so as to provide a reasonably unobstructed view in either
direction of 100 metres (328 ft.) on a local road.
(4) The requirement of a service road or subdivision street to provide access may be imposed as a
condition of approval for any new development other than those deemed approved.
Construction and survey costs for a service road shall be the responsibility of the applicant.
(5) A shared local service road or the construction of shared accesses/approaches may be required
to be provided by the developer of multi-lot subdivisions in accordance with Lethbridge County
Engineering Guidelines and Minimum Servicing Standards.
9.
ACCESSORY BUILDINGS AND STRUCTURES
(1) An accessory building or structure shall only be constructed in conjunction with an approved
principal building or use and not be used as a permanent dwelling.
(2) An accessory building shall not be located in the required setback from a public road or on an
easement.
(3) An accessory building shall be setback a minimum 3.0 metres (10 ft.) from the principal dwelling
and from all other structures on the same lot.
(4) Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not
an accessory building.
(5) As a condition of a permit, if a development approval is required, the Development Authority
may stipulate specific requirements for the type of foundation, fastening or tie-down system,
finish, colour, roof pitch, and materials to be applied to the accessory building.
(6) Maximum height - No accessory buildings shall exceed 8.5 m (28 ft.) in height.
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Grouped Country Residential (GCR) Part 3 | 5
(7) Maximum size of accessory buildings or structures:
(a) on parcels 0.8 ha (2.0 acres) or less in size, the maximum size of an accessory building or
structure shall not exceed 222.9 m2 (2,400 sq. ft.);
(b) on parcels greater than 0.8 ha (2.0 acres) in size, the maximum size of an accessory building
or structure shall not exceed 371.61 m2 (4 ,000 sq. ft.);
(c) the maximum size is the combined total size for all accessory buildings on a parcel (the
cumulative square footage of all accessory buildings)
(8) For permanent Shipping Containers only one container is allowed on a parcel 0.4 ha (1.0 acre)
or less in size and up to two may be allowed on parcels 0.8 ha (2.0 acres) or greater in size (this
does not include Temporary Shipping Containers). [see Part 5, Section 36]
10. FENCES AND SHELTERBELTS
In rural areas along local roads, the construction or erection of a fence, hedge or shelterbelt shall
comply with the following:
(a) no fence, hedge or shelterbelt shall be erected which would unduly restrict the vision of
approaching traffic;
(b) fencing surrounding public utility lots shall be as per Lethbridge County Engineering Guidelines
and Minimum Servicing Standards or as stipulated in a Development Agreement;
(c) all fences must be sited to be able to meet the required corner site triangle setbacks as
stipulated in Part 4, Section 12;
(d) a chain link, split rail or barb wire type fence may be located adjacent to the property line or
within the required setbacks to a public road, but, solid material fences and snow fences must
meet the stipulated setbacks to the public road.
(e) no hedge or shelterbelt shall be erected closer than the distances as stipulated in Part 4, Section
12, Fences, Trees and Shelter Belts in Rural Areas, Diagram 4.5, of the right-of-way of a public
road.
11. OBJECTS PROHIBITED OR RESTRICTED IN YARDS
(1) No person shall allow a motor vehicle which has all or part of its superstructure removed, or a
motor vehicle which is in a dilapidated or unsightly condition to remain within 30.5 metres (100
ft.) of a local road or provincial highway in the district unless it is suitably housed or screened to
the satisfaction of the Development Authority.
(2) Not more than three (3) recreational vehicles shall be stored or parked on a parcel unless
otherwise approved by the Development Authority.
(3) A recreational vehicle parked on a lot in any district shall not be used for permanent living or
sleeping accommodation.
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Land Use Bylaw No. 24-007
12. SERVICING REQUIREMENTS
(1) Every development shall be required to install a sewage disposal system and potable water
system in accordance with Lethbridge County Engineering Guidelines and Minimum Servicing
Standards or other system as approved by the municipality.
(2) The Development Authority may refuse a development, and the Subdivision Authority may
refuse to approve a subdivision, if the parcel on which it is proposed is not large enough or does
not have suitable soil characteristics to support a sewage disposal system to the standard
required.
(3) The Development Authority may refuse a development, and the Subdivision Authority may
refuse to approve a subdivision, if it cannot be demonstrated to the satisfaction of the approval
authority that the parcel has access to a secure potable water source or system.
13. STANDARDS OF DEVELOPMENT
Standards detailed in Parts 4 and 5 apply to all uses unless more detailed and restrictive standards
are established under an adopted area structure plan or design scheme.
14. DEVELOPMENT STANDARDS FOR MANUFACTURED AND READY-TO-MOVE HOMES
Standards detailed in Part 5, Section 24 apply to all uses unless more detailed and restrictive
standards are established under an adopted area structure plan or design scheme.
15. AREA STRUCTURE PLANS AND DESIGN SCHEMES
Pursuant to the criteria outlined in the Municipal Development Plan:
(1) Council may require applicants proposing development in the area to undertake the preparation
of an area structure plan or conceptual design scheme.
(2) The Subdivision Authority or Development Authority may recommend that Council require the
adoption of an area structure plan or design scheme prior to approving applications for
subdivision or development, where it becomes apparent to the relevant approval authority or
the municipality that too much development is being concentrated in one area without a formal
land use designation being approved.
16. SITE GRADING AND DRAINAGE
(1) If not provided in conjunction with an approved area structure plan or design scheme, or at the
land use redesignation stage, the Subdivision Authority or Development Authority may request
a drainage study conducted by a licensed, qualified engineer to be submitted as part of an
application for subdivision or development approval. The study must include the land that is
subject to the application as well as adjacent and other lands that may be affected by the
development and drainage proposals.
(2) The Development Authority may require as a condition of development approval:
Land Use Bylaw No. 24-007
Grouped Country Residential (GCR) Part 3 | 7
(a) engineered grading and drainage plans for the development and a legal survey
demonstrating that engineered grades have been met;
(b) grading and other measures, as appropriate, to control surface drainage, reduce or
eliminate grade difference between adjacent lots, and minimize erosion or slope instability;
(3) The applicant is responsible for ensuring adherence to any required final grades that are
established by the engineer and approved by the municipality.
17. ARCHITECTURAL CONTROLS
All development must comply with any approved architectural controls if required as part of an area
structure plan or subdivision approval. Proof of compliance to the applicable architectural controls
is required at the time of submission of a development permit application.
18. AIRPORT AREA RESTRICTIONS
Properties that lie within the area shown in Map 1, Part 5, will have additional subdivision and
development restrictions as outlined in Part 5, Section 3, Airport Area Restrictions.
19. RIVER VALLEYS AND SHORELANDS
(1) Before approving any application in or adjacent to a river valley or shoreland area to locate or
expand a land use, or which requires a land use bylaw waiver, the Development Authority shall
refer such an application to any local, regional, provincial or federal government agency that, in
its opinion, has an interest in land use management.
(2) No application to locate or expand a land use in or adjacent to a river valley or shoreland area
shall be approved unless, in the opinion of the Development Authority, the proposal will not:
(a) be located in a flood prone area; and
(b) cause soil erosion or damage to a river bank; and
(c) cause deterioration of water quality; and
(d) hinder the flow of water to the river; and
(e) compromise aesthetic quality or natural amenities; and
(f)
be detrimental to area of ecologically sensitive habitat or of historic or scenic importance;
and
(g) have a detrimental effect on adjoining or nearby agricultural operations if the proposed
development is for a non-agricultural use; and
(h) have a detrimental effect on existing or proposed recreation areas; and
(i)
have a detrimental effect on existing or proposed irrigation canals or water diversion
structures.
Grouped Country Residential (GCR) Part 3 | 8
Land Use Bylaw No. 24-007
(3) Where a proposed development is granted permission to locate within the one in one hundred
year flood plain of any watercourse, the Development Authority may request the developer to
provide any or all of the following requirements prior to the issuance of a development permit:
(a) the registration of a Save Harmless Agreement against the title indemnifying the
municipality in case of a subsequent flood causing damage to the development;
(b) the provision of an appropriate private sewage disposal system to the satisfaction of the
appropriate health authority and the Safety Codes Act;
(c) a certificate from a qualified Alberta Land Surveyor stating the top of the footings of any
proposed development will be at or above the one in one hundred flood plain level and
proof of such elevation;
(d) an assurance that any proposed setback requirements as established by Alberta
Environment or other government department are met or exceeded.
20. SITE SUITABILITY
(1) The Subdivision Authority or Development Authority shall take into consideration Part 1 -
Administrative, Sections 20-22 of this Bylaw, when making a decision on an application for
subdivision or development in this land use district.
(2) The Subdivision Authority or Development Authority may place any or all of the following
conditions, in addition to a development agreement, on subdivision or development permit
approval to ensure any concerns over the suitability of the land and development are satisfied:
(a) the provision of a professional geotechnical investigation/test and report to ensure the site
is suitable in terms of topography, stability, soil characteristics, flooding subsidence,
erosion and sanitary sewerage servicing;
(b) require the developer to provided suitable access, so the site will be legally and physically
accessible to a developed municipal road or if within 300 metres (984 ft.) of a provincial
highway will meet the requirements of Alberta Transportation;
(c) stipulate the alteration of proposed lot configurations, building sizes or locations to ensure
any setback requirements of this land use bylaw or the Subdivision and Development
Regulation can be met;
(d) any reasonable measures to ensure any other requirements of this Land Use Bylaw are
complied with;
(e) any measures to adequately ensure applicable provincial legislation such as the Safety
Codes Act is complied with or not compromised.
21. HAZARDOUS OR NOXIOUS USES
Development of hazardous or noxious uses shall be discouraged in this land use district.
22. LANDSCAPING AND SCREENING (See Part 4 - General Land Use Provisions)
23. STANDARDS OF DEVELOPMENT (See Part 4 - General Land Use Provisions)
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Grouped Country Residential (GCR) Part 3 | 9
24. OFF-STREET PARKING REQUIREMENTS (See Part 4 - General Land Use Provisions)
25. USE SPECIFIC STANDARDS OF DEVELOPMENT (See Part 5 - Use Specific Provisions)
26. READY-TO-MOVE / MANUFACTURED HOME DEVELOPMENT STANDARDS (See Part 5 -
Use Specific Provisions)
27. MOVED-IN BUILDINGS (See Part 5 - Use Specific Provisions)
28. HOME OCCUPATIONS (See Part 5 - Use Specific Provisions)
29. SIGN REGULATIONS (See Part 6)
30. ALTERNATIVE / RENEWABLE ENERGY DEVELOPMENTS (See Part 7)
31. FORMS (See Appendix B)
32. FEES (See Appendix C)
Land Use Bylaw No. 24-007
Rural General Industrial (RGI) Part 3 | 1
RURAL GENERAL INDUSTRIAL - RGI
1.
PURPOSE
To allow for the location of industrial uses, either isolated or grouped development, pursuant to the
Municipal Development Plan in areas that will not conflict with the conservation of agricultural land
for agricultural use or with adjacent non-industrial uses. This district provides for rural or agricultural-
related industry type land uses along with some more general industrial.
2.
PERMITTED, DISCRETIONARY AND PROHIBITED USES
(1) Permitted Uses
Accessory Buildings, Structures and Uses to an Approved Permitted Use
Agricultural Services
Automotive Repair and Service Shops (see Part 5, Section 6)
Automotive Sales
Building and Trade Contractor Services
Cartage/Moving Services
Farm Machinery and Equipment Sales
Farm Service Product Sales
Machinery and Equipment Sales, Rental and Service
Mini-storage
Minor Building Additions or Renovations to Existing Residential Structures
Offices, Public and Private
Outdoor Storage for an approved permitted use
Professional Services
Public or Private Utilities
Recreational Vehicle Storage (see Part 5, Section 31)
Recycling Drop-off
Retail Sales and Uses
Shipping Containers, Temporary (see Part 5, Section 36)
Signs Type 1 (in accordance with Part 6)
Signs Type 2 (in accordance with Part 6)
Small Wind Energy Conversion Systems (see Part 7, Section 3)
Solar Collectors, Individual (see Part 2 - No Permit Required and Part 7, Section 2)
Veterinary Clinic, Small Animal
Warehousing and Indoor Storage
(2) Discretionary Uses
Abattoirs (see Part 5, Section 1)
Accessory Buildings, Structures and Uses to an Approved Discretionary Use
Alternative or Renewable Energy Commercial/Industrial Facilities (see Part 7)
Anhydrous Ammonia Storage/Facilities (see Part 5, Section 5)
Asphalt Batch Plants (see Part 5, Section 8)
Rural General Industrial (RGI) Part 3 | 2
Land Use Bylaw No. 24-007
Auction Market (see Section 6 of this district)
Auction Sales, Non-livestock
Automotive Detail (see Part 5, Section 6)
Automotive Paint Shop (see Part 5, Section 6)
Bulk Fuel Storage and Sales
Cannabis Processing (see Part 5, Section 11)
Chemical Processing and Storage
Crypto-currency Mining (see Part 5, Section 15)
Concrete Batch Plants (see Part 5, Section 8)
Day Care (see Part 5, Section 16)
Feed Mills / Grain Terminals
Fertilizer Storage and Sales
Food Processing
Garden Centres / Greenhouses
Industrial Processing and Manufacturing
Industrial Supplies and Sales
Kennels / Dog Training Facilities (see Part 5, Section 23)
Lumber Yards / Building Supplies
Market Gardens and Nurseries
Moved-in Buildings (see Part 5, Section 27)
Oilfield Contractor Services
Outdoor Storage
Recreation, Minor
Recycling Depot Facilities
Recycling Oil Depots
Recycling Soils
Railway and Railway Related Uses
Retail Sales or Uses
Salvage or Wrecking Yards
Sandblasting (see Part 5, Section 32)
Security Suites (see Part 5, Section 39)
Seed Processing Facility
Service Stations / Gas Bars (see Part 5, Section 35)
Shipping Containers (see Part 5, Section 36)
Signs Type 3 (in accordance with Part 6)
Solar Collectors, Individual (ground mount) (see Part 7, Section 2)
Telecommunications Facilities (see Part 5, Section 40)
Trucking Operation
Truck Transportation Dispatch/Depots
Truck Washes (see Part 5, Section 13)
Veterinary Clinics, Large Animal
Waste Management Facilities, Minor
Welding / Metal fabrication
Wind Energy Conversion Systems (see Part 7)
Work Camps (see Part 5, Section 43)
Land Use Bylaw No. 24-007
Rural General Industrial (RGI) Part 3 | 3
(3) Prohibited Uses
♦ Any use which is not listed as either a Permitted or Discretionary Use, or is not ruled to be
similar to a Permitted or Discretionary Use in accordance with Part 1, Section 34, is a
Prohibited Use.
3.
MINIMUM LOT SIZE
(1) The minimum required parcel or lot size shall be:
(a) existing parcels;
(b) 0.8 ha (2 acres) of developable land or greater as may be required by the Subdivision or
Development Authority to support the proposed use.
(2) Parcels or lots less than 0.8 ha (2 acres) in size may be considered in the following circumstances:
(a) the lots are to be connected to municipal services; or
(b) the lots are included in a municipal approved area structure plan or design scheme and the
lot area is based on an alternative or communal waste water treatment system acceptable
to the municipality. In such situations, the minimum lot area should not be less than 0.2
ha (20,000 sq. ft.) unless special circumstances warrant a smaller size; and
(c) the Subdivision Authority or Development Authority is satisfied that the minimum setback
requirements of this bylaw can be met.
4.
MINIMUM LOT AREA
In addition to the minimum lot size required, the following minimum parcel and lot areas for all the
permitted and discretionary uses listed above are also applicable:
Use
Frontage Minimum
Depth Minimum
m
ft.
m
ft.
All uses
61.0
200
As required to meet lot size
5.
MINIMUM YARD SETBACK REQUIREMENTS
(1) All uses except extensive agriculture require a minimum property line setback of:
Front Yard
Side Yard
Rear Yard
m
ft
m
ft
m
ft
9.1
30
6.1
20
9.1
30
(2) Where any part of a parcel to be developed for a business or industrial use has frontage on a
provincial highway, special standards for setbacks, access, and service roadways may be
imposed as a condition of approval by the Development Authority in accordance with the
requirements of Alberta Transportation and the Highways Development Protection Regulation.
The following Section 6 stipulations shall also apply.
Rural General Industrial (RGI) Part 3 | 4
Land Use Bylaw No. 24-007
(3) As determined by the Development Authority, all buildings, structures and development that
are to be located in the vicinity of an escarpment, coulee break, river bank or other geographical
feature may have special requirements for setbacks, upon due consideration of any geotechnical
or slope stability analysis reports requested by the municipality.
(4) For setbacks on parcels adjacent to or fronting statutory road allowances, additional setbacks
as stipulated in Section 5(1) will be applied in accordance with Section 6 below, or on the
recommendations or requirements of the Director of Municipal Services for Lethbridge County.
6.
MINIMUM SETBACKS FROM ROADWAYS
(1) No part of a building, structure or development shall be located within:
(a) 38.1 metres (125 ft.) of the centre line of any municipal road allowance, unless authorized
by the Development Authority;
(b) 70.0 metres (230 ft.) of the centre line or 40.0 metres (131 ft.) from the right-of-way
boundary, whichever is greater, of roads designated as provincial highways under the
Highways Development Protection Regulation;
(c) for any development adjacent to provincial roadways classified as a four-lane divided
highway or freeways/expressways, the required setback distances and accesses will be
reviewed on a highway-by-highway/development-by-development basis and shall be as
prescribed by Alberta Transportation;
(d) any greater distance that may be required by the Development Authority in order to
facilitate future road widening, service road dedication, to reduce potential snow drifting,
or vision restrictions.
(2) Landscaping setbacks shall be at the discretion of the Development Authority having
consideration for future road widening and possible adverse effects on the safety of the
roadway.
7.
ACCESS
(1) The municipality may, at the time of subdivision or development, require the developer to enter
into an agreement for the construction of any approach(es) necessary to serve the lot or
development area in accordance with the Lethbridge County Engineering Guidelines and
Minimum Servicing Standards.
(2) To ensure proper emergency access, all developments shall have direct legal and developed
physical access to a public roadway in accordance with Lethbridge County Engineering
Guidelines and Minimum Servicing Standards, unless otherwise approved by the municipality. If
the development is within 300 metres (¼ mile) of a provincial highway, direct legal and physical
access to a public roadway shall be to the satisfaction of Alberta Transportation.
(3) No full-access frontages to parcels from local roads shall be allowed and developers shall be
limited to one access per parcel in accordance with Lethbridge County Engineering Guidelines
and Minimum Servicing Standards, unless otherwise approved by the municipality.
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Rural General Industrial (RGI) Part 3 | 5
(4) Access points adjacent to blind corners, hills, ridges, railway crossings and any other
obstructions shall be positioned so as to provide a reasonably unobstructed view in either
direction of 100 metres (328 ft.) on a local road.
(5) The requirement of a service road or subdivision street to provide access may be imposed as a
condition of approval for any new subdivision or development. Construction and survey costs
for a service road shall be the responsibility of the applicant.
8.
MAXIMUM SITE COVERAGE
The maximum site coverage for all permitted and discretionary uses:
(a) principal and accessory buildings combined - 50 percent; or
(b) as required by the Development Authority.
9.
ACCESSORY BUILDINGS AND STRUCTURES
(1) An accessory building or structure shall not be located in the required setback from a public road
or on an easement.
(2) An accessory building or structure shall be setback a minimum 3.0 metres (10 ft.) from the
principal dwelling and from all other structures on the same lot.
(3) Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not
an accessory building.
(4) As a condition of a permit, if a development approval is required, the Development Authority
may stipulate specific requirements for the type of foundation, fastening or tie-down system,
finish, colour, roof pitch, and materials to be applied to the accessory building or structure.
10. SERVICING REQUIREMENTS
(1) Every development shall be required to install a sewage disposal system and potable water
system in accordance with Lethbridge County Engineering Guidelines and Minimum Servicing
Standards or other system as approved by the municipality.
(2) The Development Authority may refuse a development, and the Subdivision Authority may
refuse to approve a subdivision, if the parcel on which it is proposed is not large enough or does
not have suitable soil characteristics to support a sewage disposal system to the standard
required.
(3) The Development Authority may refuse a development, and the Subdivision Authority may
refuse to approve a subdivision, if it cannot be demonstrated to the satisfaction of the approval
authority that the parcel has access to a secure potable water source or system.
(4) Industrial or business uses that require or use a large volume of water may be denied a
development permit if a secured source of water, relative to what is required for the
development, is not verified or cannot be guaranteed to the satisfaction of Lethbridge County.
Rural General Industrial (RGI) Part 3 | 6
Land Use Bylaw No. 24-007
This may include, but is not limited to, car/ truck wash facilities, food or other various processing
industries, and biofuel plants associated with ethanol production.
11. ARCHITECTURAL CONTROLS
All development must comply with any approved architectural controls if required as part of an area
structure plan or subdivision approval. Proof of compliance to the applicable architectural controls
is required at the time of submission of a development permit application.
12. AREA STRUCTURE PLANS AND DESIGN SCHEMES
Pursuant to the criteria outlined in the Municipal Development Plan, the Development Authority may
recommend that Council require the adoption of an area structure plan or design scheme prior to
consideration of an application.
13. INDUSTRIAL DEVELOPMENT STANDARDS
(1) No use shall be approved which may generate traffic problems within the district.
(2) Any proposed industrial development shall meet all the required and appropriate regulations of
the Alberta Building Code.
(3) On parcels located adjacent to provincial highways, any storage of goods, products, raw
materials, etc. shall be effectively screened from view by buildings, solid fences, landscaped
features, or combinations thereof and be maintained in good repair.
(4) Landscaping, fencing, screening and siting or setback restrictions may be imposed as a condition
of a development permit, with consideration for Section 14 below, and Part 4, Section 25.
(5) Where it appears that greater side yard setbacks may be necessary, the Development Authority
may impose such a requirement as a condition of a development permit.
(6) No large animal veterinary clinic, kennel or riding stable shall be located within 300 metres (1000
ft.) of a neighbouring residential building excepting an approved dwelling that is ancillary to the
designated use.
(7) See Part 4 - General Land Use Provisions for additional standards.
14. LANDSCAPING, SCREENING AND LOCATION OF STORAGE
(1) Separation, or buffering, between adjacent land uses may be required, including the use of
trees, shrubs, fences, walls, and berms to buffer or screen uses of negative impact.
(2) For landscaping requirements see Part 4 - General Land Use Provisions, Section 25.
(3) Outdoor storage is prohibited in the front yard.
(4) The outdoor display of goods, materials or equipment solely for advertisement purposes may
be allowed, unless otherwise stipulated by the Development Authority, subject to the following:
Land Use Bylaw No. 24-007
Rural General Industrial (RGI) Part 3 | 7
(a) the display of goods, materials or equipment may be permitted in the front yard provided
that it is restricted to examples of limited equipment, products, vehicles or items sold by
the business or industrial use located on the subject site containing the display area;
(b) the outdoor display areas are not located within any required setback; and
(c) the display areas are not located on any required and approved landscaping area.
(5) Refuse or garbage shall be kept in a suitably-sized container or enclosure, effectively screened,
and the refuse containers shall be located in a rear yard only.
(6) Wrecked or damaged motor vehicles which might be located or stockpiled on the property must
be effectively screened from all adjacent parcels and roadways in the vicinity.
(7) Where screen planting is not sufficient to buffer outdoor storage (including salvage yards,
lumber yards, pipe storage and similar uses), a fence and/or earth berm with sufficient height
to block the view may be required by the Development Authority.
15. LOADING AREA REQUIREMENTS
(1) For commercial, industrial and other uses, there shall be a minimum of one off-street designated
loading area, or more as required by the Development Authority.
(2) Each loading area shall be designed in such a manner that it will not interfere with convenient
and safe pedestrian movement, traffic flow, site access/approaches onto public roadways, or
parking.
(3) See Part 4 - General Land Use Provisions for additional standards.
16. STANDARDS OF DEVELOPMENT (See Part 4 - General Land Use Provisions)
(1) Part 4 contains land use and development standards that may be required and stipulated as a
condition of a subdivision or development approval.
(2) All development must comply with any additional standards that may be contained in an
adopted area structure plan or design scheme.
17. OFF-STREET PARKING REQUIREMENTS (See Part 4 - General Land Use Provisions)
18. USE SPECIFIC STANDARDS OF DEVELOPMENT (See Part 5 - Use Specific Provisions)
19. MOVED-IN BUILDINGS (See Part 5 - Use Specific Provisions)
20. SIGN REGULATIONS (See Part 6)
21. ALTERNATIVE / RENEWABLE ENERGY DEVELOPMENTS (See Part 7)
22. FORMS (See Appendix B)
23. FEES (See Appendix C)
Land Use Bylaw No. 24-007
Business Light Industrial (BLI) Part 3 | 1
BUSINESS LIGHT INDUSTRIAL - BLI
1.
PURPOSE
To allow low intensity businesses, light industrial and other compatible development in those areas
of the County considered most suitable, typically in a planned business centre or office park, which
is located in a highly visible and accessible location and displays a higher standard of design and
appearance. The stipulated permitted and discretionary uses include some minor service functions
and mixed-use developments, while prohibiting noxious uses.
2.
PERMITTED, DISCRETIONARY AND PROHIBITED USES
(1) Permitted Uses
Accessory Buildings, Structures and Uses to an Approved Permitted Use
Agricultural Services
Automotive Sales
Big Box/Comprehensive Retail
Business Support Services
Farmers Markets/Permanent Food Stands
Garden Centres / Greenhouses
Mini-storage
Minor Building Additions or Renovations to Existing Residential Structures
Offices, Public And Private
Professional Services
Public or Private Utilities
Retail, Convenience
Shipping Containers, Temporary (see Part 5, Section 36)
Signs Type 1 (in accordance with Part 6)
Signs Type 2 (in accordance with Part 6)
Small Wind Energy Conversion Systems (see Part 7, Section 3)
Solar Collectors, Individual (roof, wall mount) (see Part 2 - No Permit Required and Part 7,
Section 2)
Technology Centres/Hubs
(2) Discretionary Uses
Accessory Buildings, Structures and Uses to an Approved Discretionary Use
Agricultural Markets
Alternative or Renewable Energy Facilities (see Part 7)
Auction Sales, Non-livestock
Automotive Detail (see Part 5, Section 6)
Automotive Repair and Service Shops (see Part 5, Section 6)
Building and Trade Contractor Services
Bulk Fuel Storage and Sales
Car/Truck Washes (see Part 5, Section 13)
Business Light Industrial (BLI) Part 3 | 2
Land Use Bylaw No. 24-007
Cartage/Moving Services
Contractor Trade Shops
Crematorium/Funeral Homes
Day Care (see Part 5, Section 16)
Farm Service Product Sales
Light Industrial Processing and Manufacturing
Machinery and Equipment Sales, Rental and Service
Outdoor Storage
Recreation, Minor
Recreational Vehicle Storage (see Part 5, Section 31)
Restaurants
Retail, Large (5,000 sq. ft. or more)
Retail Uses Ancillary to Industrial or Warehousing Use
Security Suites
Service Stations / Gas Bars (see Part 5, Section 35)
Shipping Containers (see Part 5, Section 36)
Signs Type 3 (in accordance with Part 6)
Solar Collectors, Individual (ground mount) (see Part 7, Section 2)
Telecommunications Facilities (see Part 5, Section 40)
Truck Transportation Depots
Veterinary Clinics, Small Animal
Warehousing and Indoor Storage (see Part 5, Section 42)
Wind Energy Conversion Systems (see Part 7)
(3) Prohibited Uses
♦ Any use which is not listed as either a Permitted or Discretionary Use, or is not ruled to be
similar to a Permitted or Discretionary Use in accordance with Part 1, Section 34, is a
Prohibited Use.
3.
MINIMUM LOT SIZE
(1) The minimum required parcel or lot size shall be:
(a) existing parcels;
(b) 0.8 ha (2 acres) of developable land or greater as reasonably required to support the
proposed use if private disposal sewage systems are used.
(2) Parcels or lots less than 0.8 ha (2 acres) in size may be considered in the following circumstances:
(a) the lots are to be connected to municipal services; or
(b) the lots are included in a municipal approved area structure plan or design scheme and the
lot area is based on an alternative or communal waste water treatment system acceptable
to the municipality. In such situations, the minimum lot area should not be less than 0.2
ha (20,000 sq. ft.) unless special circumstances warrant a smaller size; and
(c) the Subdivision Authority or Development Authority is satisfied that the minimum setback
requirements of this bylaw can be met.
Land Use Bylaw No. 24-007
Business Light Industrial (BLI) Part 3 | 3
4.
MINIMUM LOT DIMENSIONS
In addition to the minimum lot size required, the following minimum parcel and lot areas for all the
permitted and discretionary uses listed above are also applicable:
Use
Frontage Minimum
Depth Minimum
m
ft.
m
ft.
All uses
45.7
150
As required to meet lot size
5.
MINIMUM YARD SETBACK REQUIREMENTS
(1) All uses except extensive agriculture require a minimum property line setback of:
Front Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
9.1
30
interior
lot
6.1
20
9.1
30
corner lot
1 @ 9.1
1 @ 30
1 @ 6.1
1 @ 20
(2) Where any part of a parcel to be developed for a business or industrial use has frontage on a
provincial highway, special standards for setbacks, access, and service roadways may be
imposed as a condition of approval by the Development Authority in accordance with the
requirements of Alberta Transportation and the Highways Development Protection Regulation.
For parcel setbacks adjacent to or fronting highways or municipal road allowances, the following
Section 6 stipulations shall apply.
(3) As determined by the Development Authority, all buildings, structures and development that
are to be located in the vicinity of an escarpment, coulee break, river bank or other geographical
feature may have special requirements for setbacks upon due consideration of any geotechnical
or slope stability analysis reports requested by the municipality.
6.
MINIMUM SETBACKS FROM ROADWAYS
(1) No part of a building, structure or development shall be located within:
(a) 38.1 metres (125 ft.) of the centre line of any municipal road allowance, unless authorized
by the Development Authority;
(b) 70.0 metres (230 ft.) of the centre line or 40.0 metres (131 ft.) from the right-of-way
boundary, whichever is greater, of roads designated as provincial highways under the
Highways Development Protection Regulation;
(c) for any development adjacent to provincial roadways classified as a four-lane divided
highway or freeways/expressways, the required setback distances and accesses will be
reviewed on a highway-by-highway/development-by-development basis and shall be as
prescribed by Alberta Transportation;
Business Light Industrial (BLI) Part 3 | 4
Land Use Bylaw No. 24-007
(d) any greater distance that may be required by the Development Authority in order to
facilitate future road widening, service road dedication, to reduce potential snow drifting,
or vision restrictions.
(2) Landscaping setbacks shall be at the discretion of the Development Authority having
consideration for future road widening and possible adverse effects on the safety of the
roadway.
7.
ACCESS
(1) The municipality may, at the time of subdivision or development, require the developer to enter
into an agreement for the construction of any approach(es) necessary to serve the lot or
development area in accordance with Lethbridge County Engineering Guidelines and Minimum
Servicing Standards.
(2) To ensure proper emergency access, all developments shall have direct legal and developed
physical access to a public roadway in accordance with Lethbridge County Engineering
Guidelines and Minimum Servicing Standards, unless otherwise approved by the municipality. If
the development is within 304.8 metres (¼ mile) of a provincial highway, direct legal and physical
access to a public roadway shall be to the satisfaction of Alberta Transportation.
(3) No full-access frontages to parcels from local roads shall be allowed and developers shall be
limited to one access per parcel in accordance with Lethbridge County Engineering Guidelines
and Minimum Servicing Standards, unless otherwise approved by the municipality.
(4) Access points adjacent to blind corners, hills, ridges, railway crossings and any other
obstructions shall be positioned so as to provide a reasonably unobstructed view in either
direction of 100 metres (328 ft.) on a local road.
(5) The requirement of a service road or subdivision street to provide access may be imposed as a
condition of approval for any new subdivision or development. Construction and survey costs
for a service road shall be the responsibility of the applicant.
8.
MAXIMUM SITE COVERAGE
The maximum site coverage for all permitted and discretionary uses:
(a) principal and accessory buildings combined - 50 percent; or
(b) as required by the Development Authority.
9.
ACCESSORY BUILDINGS AND STRUCTURES
(1) An accessory building or structure shall not be located in the required setback from a public road
or on an easement.
(2) An accessory building or structure shall be setback a minimum 3.0 metres (10 ft.) from the
principal dwelling and from all other structures on the same lot.
Land Use Bylaw No. 24-007
Business Light Industrial (BLI) Part 3 | 5
(3) Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not
an accessory building.
(4) As a condition of a permit, if a development approval is required, the Development Authority
may stipulate specific requirements for the type of foundation, fastening or tie-down system,
finish, colour, roof pitch, and materials to be applied to the accessory building or structure.
10. SERVICING REQUIREMENTS
(1) Every development shall be required to install a sewage disposal system and potable water
system in accordance with Lethbridge County Engineering Guidelines and Minimum Servicing
Standards or other system as approved by the municipality.
(2) The Development Authority may refuse a development, and the Subdivision Authority may
refuse to approve a subdivision, if the parcel on which it is proposed is not large enough or does
not have suitable soil characteristics to support a sewage disposal system to the standard
required.
(3) The Development Authority may refuse a development, and the Subdivision Authority may
refuse to approve a subdivision, if it cannot be demonstrated to the satisfaction of the approval
authority that the parcel has access to a secure potable water source or system.
(4) Commercial developments catering to the public, such as restaurants, food establishments, and
hotels, must a secure potable water source or system provided the satisfaction of Lethbridge
County and the Regional Health Authority.
(5) Industrial or business uses that require or use a large volume of water may be denied a
development permit if a secured source of water, relative to what is required for the
development, is not verified or cannot be guaranteed to the satisfaction of Lethbridge County.
This may include, but is not limited to, car/ truck wash facilities, food or other various processing
industries, and biofuel plants associated with ethanol production.
11. ARCHITECTURAL CONTROLS
All development must comply with any approved architectural controls if required as part of an area
structure plan or subdivision approval. Proof of compliance to the applicable architectural controls
is required at the time of submission of a development permit application.
12. AREA STRUCTURE PLANS AND DESIGN SCHEMES
Pursuant to the criteria outlined in the Municipal Development Plan, the Development Authority may
recommend that Council require the adoption of an area structure plan or design scheme prior to
consideration of an application.
13. AIRPORT AREA RESTRICTIONS
Properties that lie within the area shown in Map 1, Part 5, will have additional subdivision and
development restrictions as outlined in Part 5, Section 3 Airport Area Restrictions.
Business Light Industrial (BLI) Part 3 | 6
Land Use Bylaw No. 24-007
14. LIGHT INDUSTRIAL DEVELOPMENT STANDARDS
(1) No use shall be approved which may generate traffic problems within the district.
(2) Any proposed industrial development shall meet all the required and appropriate regulations of
the Alberta Building Code.
(3) On parcels located adjacent to provincial highways, any storage of goods, products, raw
materials, etc. shall be effectively screened from view by buildings, solid fences, landscaped
features, or combinations thereof and be maintained in good repair.
(4) Landscaping, fencing, screening and siting or setback restrictions may be imposed as a condition
of a development permit, with consideration for Section 15 below, and Part 4, Section 25.
(5) Where it appears that greater side yard setbacks may be necessary, the Development Authority
may impose such a requirement as a condition of a development permit.
(6) No veterinary clinic shall be located within 304.8 metres (1000 ft.) of a neighbouring residential
building excepting an approved dwelling that is ancillary to the designated use.
(7) No operation or activity associated with any use in this district shall be permitted which would
create a nuisance factor from noise, odour, earthborn vibrations, heat, intense light sources or
dust, outside an enclosed building.
(8) See Part 4 - General Land Use Provisions for additional requirements.
(9) See Part 5 - Use Specific Provisions.
15. LANDSCAPING, SCREENING AND LOCATION OF STORAGE
(1) Separation, or buffering, between adjacent land uses may be required, including the use of
trees, shrubs, fences, walls, and berms to buffer or screen uses of negative impact.
(2) See Part 4 - General Land Use Provisions, Section 25 for landscaping requirements.
(3) Outdoor storage is prohibited in the front yard. All loading, service, and storage areas (where
permitted), shall be located to the rear and sides of the principal building and shall be screened
from view from any public roadway other than a lane, and from adjacent sites by a wall,
landscape materials, berms, fences, or a combination of these features, to the satisfaction of
the Development Authority.
(4) The outdoor display of goods, materials or equipment solely for advertisement purposes may
be allowed, unless otherwise stipulated by the Development Authority, subject to the following:
(a) The display of goods, materials or equipment may be permitted in the front yard provided
that it is restricted to examples of limited equipment, products, vehicles or items sold by
the business or industrial use located on the subject site containing the display area;
(b) the outdoor display areas are not located within any required setback; and
(c) the display areas are not located on any required and approved landscaping area.
Land Use Bylaw No. 24-007
Business Light Industrial (BLI) Part 3 | 7
(5) Refuse or garbage shall be kept in a suitably-sized container or enclosure and shall be located in
a rear yard only. Refuse containers shall be screened from view from any public roadway other
than a lane, and from adjacent sites by a wall, landscape materials, berms, fences, or a
combination of these features, to the satisfaction of the Development Authority.
(6) Wrecked or damaged motor vehicles which might be located or stockpiled on the property must
be effectively screened from all adjacent parcels and roadways in the vicinity.
(7) The Development Authority may require that any exposed projections outside the building, such
as mechanical and electrical equipment and cooling towers, be screened from view from any
public roadway and adjacent sites if, in the opinion of the Development Authority such
projections are:
(a) inconsistent with the character and appearance of surrounding development or intended
visual qualities of this district; or
(b) are required in accordance with any area structure plan or intermunicipal development
plan policies.
16. LOADING AREA REQUIREMENTS
(1) For commercial, industrial and other uses, there shall be a minimum of one off-street designated
loading area, or more as required by the Development Authority. Uses such as office buildings,
business support services, and professional services that do not involve the production, sales,
storage or shipping of products or goods may be exempted from this requirement by the
Development Authority.
(2) Each loading area shall be designed in such a manner that it will not interfere with convenient
and safe pedestrian movement, traffic flow, site access/approaches onto public roadways, or
parking.
(3) See Part 4 - General Land Use Provisions for additional standards.
17. MIXED-USE DEVELOPMENTS
Development permit applications for mixed-use developments (buildings or parcels of land) may be
considered for approval in this district if the uses conform to the list of permitted or discretionary
uses. For specific details, the criteria and standards of development stipulated in Part 5 will apply.
18. SITE PLANS
(1) The Development Authority may require a professionally prepared detailed comprehensive site
plan as part of the development permit application to illustrate existing and proposed buildings,
structures, roads and access points, setbacks, landscaping, parking, and utility easements.
(2) The Development Authority shall require professionally prepared site plan as described in
Section 18(1) as part of the development permit application, for any proposed mixed-use parcel
of land.
Business Light Industrial (BLI) Part 3 | 8
Land Use Bylaw No. 24-007
19. STANDARDS OF DEVELOPMENT (See Part 4 - General Land Use Provisions)
(1) Part 4 contains land use and development standards that may be required and stipulated as a
condition of a subdivision or development approval.
(2) All development must comply with any additional standards that may be contained in an
adopted area structure plan or design scheme.
20. OFF-STREET PARKING REQUIREMENTS (See Part 4 - General Land Use Provisions)
21. USE SPECIFIC STANDARDS OF DEVELOPMENT (See Part 5 - Use Specific Provisions)
22. MOVED-IN BUILDINGS (See Part 5 - Use Specific Provisions)
23. SIGN REGULATIONS (See Part 6)
24. ALTERNATIVE / RENEWABLE ENERGY DEVELOPMENTS (See Part 7)
25. FORMS (See Appendix B)
26. FEES (See Appendix C)
Land Use Bylaw No. 24-007
Rural Commercial (RC) Part 3 | 1
RURAL COMMERCIAL - RC
1.
PURPOSE
To allow for the location of commercial uses pursuant to the Municipal Development Plan in areas
that will not conflict with the conservation of agricultural land for agricultural uses, while providing
services to the travelling public and ensuring efficient operation of the highway system. The district
includes allowing for the consideration of commercial power-centres or mixed-use developments in
buildings or on parcels of land in accordance with the standards of the bylaw.
2.
PERMITTED, DISCRETIONARY AND PROHIBITED USES
(1) Permitted Uses
Accessory Buildings, Structures and Uses to an Approved Permitted Use
Agricultural Markets
Agricultural Service and Repair
Building and Trade Contractor Services
Extensive Agriculture
Farmers Markets/Permanent Food Stands
Garden Centres / Greenhouses
Highway Commercial Uses: (see Parts 4 and 5)
Convenience Stores
Drive-in Restaurants
Hotels and Motels
Rest Stops
Restaurants
Service Stations / Gas Bars
Recreation, Minor
Retail, Small (less than 5,000 sq. ft. in size)
Shipping Containers, Temporary (see Part 2 - No permit required, and Part 5, Section 36)
Signs Type 1 (in accordance with Part 6)
Signs Type 2 (in accordance with Part 6)
Small Veterinarian Clinic
Solar Collectors, Individual (roof, wall mount) (see Part 2 - No Permit Required and Part 7,
Section 2)
Solar Electric Vehicle Charge Stations/Facilities
(2) Discretionary Uses
Accessory Buildings, Structures and Uses to an Approved Discretionary Use
Alternative or Renewable Energy Facilities (see Part 7)
Automotive Sales and Service
Big Box/Comprehensive Retail
Cannabis Retail Store (see Part 5, Section 12)
Rural Commercial (RC) Part 3 | 2
Land Use Bylaw No. 24-007
Farm Machinery Sales and Service
Flea Markets
Machinery and Equipment Sales and Service
Manufactured Home Sales
Public and Institutional
Public and Private Utilities
Recreational Vehicle Sales and Service
Residential Uses if Secondary to the Approved Commercial Use
Retail, Large (5,000 sq. ft. or greater in size)
Signs Type 3 (in accordance with Part 6)
Small Wind Energy Conversion Systems (see Part 7)
Solar Collectors, Individual (ground mount) (see Part 7, Section 2)
Specialty Manufacturing/Cottage Industry
Truck Stops
Workshop Institutional Use
(3) Prohibited Uses
♦ Any use which is not listed as either a Permitted or Discretionary Use, or is not ruled to be
similar to a Permitted or Discretionary Use in accordance with Part 1, Section 34, is a
Prohibited Use.
3.
MINIMUM LOT SIZE
(1) The minimum required parcel or lot size shall be:
(a) existing parcels;
(b) 0.8 ha (2 acres) of developable land or greater as reasonably required to support the
proposed use if private disposal sewage systems are used.
(2) Parcels or lots less than 0.8 ha (2 acres) in size may be considered in the following circumstances:
(a) the lots are to be connected to municipal services; or
(b) the lots are included in a municipal approved area structure plan or design scheme and the
lot area is based on an alternative or communal waste water treatment system acceptable
to the municipality. In such situations, the minimum lot area should not be less than 0.2
ha (20,000 sq. ft.) unless special circumstances warrant a smaller size; and
(c) the Subdivision Authority or Development Authority is satisfied that the minimum setback
requirements of this bylaw can be met.
4.
MINIMUM LOT DIMENSIONS
In addition to the minimum lot size required, the following minimum parcel and lot areas for all the
permitted and discretionary uses listed above are also applicable:
Use
Frontage Minimum
Depth Minimum
m
ft.
m
ft.
All uses
30.5
100
45.7
150
Land Use Bylaw No. 24-007
Rural Commercial (RC) Part 3 | 3
5.
MINIMUM YARD SETBACK REQUIREMENTS
(1) All uses except extensive agriculture require a minimum property line setback of:
Front Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
9.1
30
interior
lot
6.1
20
9.1
30
corner lot
1 @ 9.1
1 @ 30
1 @ 6.1
1 @ 20
(2) Where any part of a parcel to be developed for a business or industrial use has frontage on a
provincial highway, special standards for setbacks, access, and service roadways may be
imposed as a condition of approval by the Development Authority in accordance with the
requirements of Alberta Transportation and the Highways Development Protection Regulation.
For setbacks adjacent to or fronting highways or municipal road allowances, the following
Section 6 stipulations shall apply.
(3) As determined by the Development Authority, all buildings, structures and development that
are to be located in the vicinity of an escarpment, coulee break, river bank or other geographical
feature may have special requirements for setbacks upon due consideration of any geotechnical
or slope stability analysis reports requested by the municipality.
6.
MINIMUM SETBACKS FROM ROADWAYS
(1) No part of a building, structure or development shall be located within:
(a) 38.1 metres (125 ft.) of the centre line of any municipal road allowance, unless authorized
by the Development Authority;
(b) 70.0 metres (230 ft.) of the centre line or 40.0 metres (131 ft.) from the right-of-way
boundary, whichever is greater, of roads designated as provincial highways under the
Highways Development Protection Regulation;
(c) for any development adjacent to provincial roadways classified as a four-lane divided
highway or freeways/expressways, the required setback distances and accesses will be
reviewed on a highway-by-highway/development-by-development basis and shall be as
prescribed by Alberta Transportation;
(d) any greater distance that may be required by the Development Authority in order to
facilitate future road widening, service road dedication, to reduce potential snow drifting,
or vision restrictions.
(2) Landscaping setbacks shall be at the discretion of the Development Authority having
consideration for future road widening and possible adverse effects on the safety of the
roadway.
Rural Commercial (RC) Part 3 | 4
Land Use Bylaw No. 24-007
7.
ACCESS
(1) The municipality may, at the time of subdivision or development, require the developer to enter
into an agreement for the construction of any approach(es) necessary to serve the lot or
development area in accordance with Lethbridge County Engineering Guidelines and Minimum
Servicing Standards.
(2) To ensure proper emergency access, all developments shall have direct legal and developed
physical access to a public roadway in accordance with Lethbridge County Engineering
Guidelines and Minimum Servicing Standards, unless otherwise approved by the municipality. If
the development is within 300 metres (¼ mile) of a provincial highway, direct legal and physical
access to a public roadway shall be to the satisfaction of Alberta Transportation.
(3) No full-access frontages to parcels from local roads shall be allowed and developers shall be
limited to one access per parcel in accordance with Lethbridge County Engineering Guidelines
and Minimum Servicing Standards, unless otherwise approved by the municipality.
(4) Access points adjacent to blind corners, hills, ridges, railway crossings and any other
obstructions shall be positioned so as to provide a reasonably unobstructed view in either
direction of 100 metres (328 ft.) on a local road.
(5) The requirement of a service road or subdivision street to provide access may be imposed as a
condition of approval for any new subdivision or development. Construction and survey costs
for a service road shall be the responsibility of the applicant.
(6) To provide opportunities for convenient and free flowing traffic movements between lots,
development on adjoining lots may be integrated by direct on-site access connections.
(7) Vehicle-oriented highway or retail commercial uses, which cater to patrons generally remaining
inside their vehicles, such as drive-in restaurants, drive-through vehicular services and gas bars,
may be subject to special access and siting standards, in accordance with Section 15 below.
8.
MAXIMUM SITE COVERAGE
The maximum site coverage for all permitted and discretionary uses:
(a) principal and accessory buildings combined - 45 percent; or
(b) as required by the Development Authority.
9.
ACCESSORY BUILDINGS AND STRUCTURES
(1) An accessory building or structure shall not be located in the required setback from a public road
or on an easement.
(2) An accessory building or structure shall be setback a minimum 3.0 metres (10 ft.) from the
principal building and from all other structures on the same lot.
(3) Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not
an accessory building.
Land Use Bylaw No. 24-007
Rural Commercial (RC) Part 3 | 5
(4) As a condition of a permit, if a development approval is required, the Development Authority
may stipulate specific requirements for the type of foundation, fastening or tie-down system,
finish, colour, roof pitch, and materials to be applied to the accessory building or structure.
10. SERVICING REQUIREMENTS
(1) Every development shall be required to install a sewage disposal system and potable water
system in accordance with Lethbridge County Engineering Guidelines and Minimum Servicing
Standards or other system as approved by the municipality.
(2) The Development Authority may refuse a development, and the Subdivision Authority may
refuse to approve a subdivision, if the parcel on which it is proposed is not large enough or does
not have suitable soil characteristics to support a sewage disposal system to the standard
required.
(3) The Development Authority may refuse a development, and the Subdivision Authority may
refuse to approve a subdivision, if it cannot be demonstrated to the satisfaction of the approval
authority that the parcel has access to a secure potable water source or system. All food
establishments must be connected to a secure licensed or municipal potable water source.
(4) Industrial or business uses that require or use a large volume of water may be denied a
development permit if a secured source of water, relative to what is required for the
development, is not verified or cannot be guaranteed to the satisfaction of Lethbridge County.
This may include, but is not limited to, car/ truck wash facilities, food or other various processing
industries, and biofuel plants associated with ethanol production.
11. ARCHITECTURAL CONTROLS
All development must comply with any approved architectural controls if required as part of an area
structure plan or subdivision approval. Proof of compliance to the applicable architectural controls
is required at the time of submission of a development permit application.
12. AREA STRUCTURE PLANS AND DESIGN SCHEMES
Pursuant to the criteria outlined in the Municipal Development Plan, the Development
Authority may recommend that Council require the adoption of an area structure plan or
design scheme prior to consideration of an application.
13. AIRPORT AREA RESTRICTIONS
Properties that lie within the area shown in Map 1, Part 5, will have additional subdivision and
development restrictions as outlined in Part 5, Section 3, Airport Area Restrictions.
14. VEHICLE-ORIENTED USES SITING STANDARDS
(1) Vehicle-oriented uses should be located only where the development will not adversely affect
the functioning of surrounding public roadways.
Rural Commercial (RC) Part 3 | 6
Land Use Bylaw No. 24-007
(2) Queuing space should be provided as follows:
(a) In addition to the off-street parking requirements, a drive-through use is required to
provide the following minimum stacking spaces:
Restaurant use:
30.5 metres (100 ft.) from order box to pick-up window
Gas station:
9.1 metres (30 ft.) from each end on pump island
Bank machine:
22.9 metres (75 ft.) from bank machine window
Car wash:
15.2 metres (50 ft.) from car wash entrance
Vehicle services
(drive-in bay):
15.2 metres (50 ft.) from car wash entrance
Other:
As determined by the Development Authority
(b) The minimum stacking space requirements in Section 15(2)(a) may be varied by the
Development Authority depending upon the intensity of the proposed development.
(c) Queuing lanes should be located to the outer perimeter of the businesses parking lot
wherever possible, to avoid vehicles in queuing spaces from impeding/blocking other
vehicles navigating parking spaces.
(d) Queuing lanes must provide sufficient space for turning and manoeuvring, and be
maintained by the registered owner or lessee.
15. COMMERCIAL DEVELOPMENT STANDARDS
(1) No use shall be approved which may generate traffic problems within the district.
(2) Any proposed industrial development shall meet all the required and appropriate regulations of
the Alberta Building Code.
(3) On parcels located adjacent to provincial highways, any storage of goods, products, raw
materials, etc. shall be effectively screened from view by buildings, solid fences, landscaped
features, or combinations thereof and be maintained in good repair.
(4) Landscaping, fencing, screening and siting or setback restrictions may be imposed as a condition
of a development permit, with consideration for Section 16 below, and Part 4, Section 25.
(5) Where it appears that greater side yard setbacks may be necessary, the Development Authority
may impose such a requirement as a condition of a development permit.
16. LANDSCAPING, SCREENING AND LOCATION OF STORAGE
(1) Separation, or buffering, between adjacent land uses may be required, including the use of
trees, shrubs, fences, walls, and berms to buffer or screen uses of negative impact.
(2) See Part 4 - General Land Use Provisions, Section 25 for landscaping requirements.
(3) Outdoor storage is prohibited in the front yard.
(4) The outdoor display of goods, materials or equipment solely for advertisement purposes may
be allowed, unless otherwise stipulated by the Development Authority, subject to the following:
Land Use Bylaw No. 24-007
Rural Commercial (RC) Part 3 | 7
(a) the display of goods, materials or equipment may be permitted in the front yard provided
that it is restricted to examples of limited equipment, products, vehicles or items sold by
the business or industrial use located on the subject site containing the display area;
(b) the outdoor display areas are not located within any required setback; and
(c) the display areas are not located on any required and approved landscaping area.
(5) Refuse or garbage shall be kept in a suitably-sized container or enclosure, effectively screened,
and the refuse containers shall be located in a rear yard only.
(6) Equipment, parts, or wrecked or damaged motor vehicles which might be located or stockpiled
on the property as part of an approved development must be effectively screened from all
adjacent parcels and roadways in the vicinity.
17. LOADING AREA REQUIREMENTS
(1) For commercial, industrial and other uses, there shall be a minimum of one off-street designated
loading area, or more as required by the Development Authority.
(2) Each loading area shall be designed in such a manner that it will not interfere with convenient
and safe pedestrian movement, traffic flow, site access/approaches onto public roadways, or
parking.
(3) See Part 4 - General Land Use Provisions for additional standards.
18. STANDARDS OF DEVELOPMENT (See Part 4 - General Land Use Provisions)
(1) Part 4 contains land use and development standards that may be required and stipulated as a
condition of a subdivision or development approval.
(2) All development must comply with any additional standards that may be contained in an
adopted area structure plan or design scheme.
19. MIXED-USE DEVELOPMENTS
Development permit applications for mixed-use developments (buildings or parcels of land) may be
considered for approval in this district if the uses conform to the list of permitted or discretionary
uses. For specific details, the criteria and standards of development stipulated in Part 5 will apply.
20. SITE PLANS
(1) The Development Authority may require a professionally prepared detailed comprehensive site
plan as part of the development permit application to illustrate existing and proposed buildings,
structures, roads and access points, setbacks, landscaping, parking, and utility easements.
(2) The Development Authority shall require professionally prepared site plan as described in
Section 20(1) above as part of the development permit application, for any proposed mixed-use
parcel of land.
Rural Commercial (RC) Part 3 | 8
Land Use Bylaw No. 24-007
21. OFF-STREET PARKING REQUIREMENTS (See Part 4 - General Land Use Provisions)
22. USE SPECIFIC STANDARDS OF DEVELOPMENT (See Part 5 - Use Specific Provisions)
23. MOVED-IN BUILDINGS (See Part 5 - Use Specific Provisions)
24. SIGN REGULATIONS (See Part 6)
25. ALTERNATIVE / RENEWABLE ENERGY DEVELOPMENTS (See Part 7)
26. FORMS (See Appendix B)
27. FEES (See Appendix C)
Land Use Bylaw No. 24-007
Rural Recreational (RR) Part 3 | 1
RURAL RECREATIONAL - RR
1.
PURPOSE
The purpose of this district is to facilitate the development of both public and private/commercial
recreational uses at selective locations within Lethbridge County. This district may be used to
conserve, enhance and expand the County's recreational resources, without compromising
agricultural activities or the municipality's natural or environmentally significant attributes.
2.
PERMITTED, DISCRETIONARY AND PROHIBITED USES
(1) Permitted Uses
Accessory Buildings, Structures and Uses to an Approved Permitted Use
Boat Docks, Marinas and Ancillary Structures (see Section 18 of this district)
Club Houses Associated with a Recreational Use
Dwellings:
Single-detached Site-built
Single-detached Manufactured Home 1 (see Part 5, Section 24)
Single-detached Ready-to-move (see Part 5, Section 24)
Residential Accommodation (owner/caretakers suite) in Conjunction with an Approved
Recreational Use
Equestrian Facility
Playgrounds
Public Day Use Areas
Public Picnic Areas
Recreation, Minor (see Part 9)
Retail in Conjunction with an Approved Recreational Use
Riding Academies and Arenas (commercial)
Shipping Containers, Temporary (see Part 5, Section 36)
Solar Collectors, Individual (roof, wall mount) (see Part 2 - No Permit Required and Part 7,
Section 2)
Signs Type 1 and 2 (in accordance with Part 6)
(2) Discretionary Uses
Accessory Buildings, Structures and Uses to an Approved Discretionary Use
Campgrounds and Recreational Vehicle (RV) Parks (Seasonal Use) (see Section 14 of this district)
Cluster Lodges/Cabins Accommodation (see Section 15 of this district)
Driving Ranges
Golf Courses
Motocross / Motor Sports Park (see Part 5, Section 24)
Moved-in Buildings Associated with a Recreational Use (see Part 5, Section 27)
Paint Ball Operations (see Part 5, Section 28)
Park Model Trailers, Seasonal
Public and Private Utilities
Rural Recreational (RR) Part 3 | 2
Land Use Bylaw No. 24-007
Public/Institutional Uses
Recreational Facilities
Recreational Vehicle (RV) Parks* (see Section 13 of this district)
Restaurants as an Accessory Recreational Use
Rodeo Grounds
Shipping Containers (see Part 5, Section 36)
Shooting Ranges - Rifle, Pistol and Archery Ranges (see Section 16 of this district and Part 4,
Section 37)
Signs Type 3 (in accordance with Part 6)
Small Wind Energy Conversion Systems (see Part 7)
Solar Collectors, Individual (ground mount) (see Part 7, Section 2)
Tourist Accommodations (see Part 4)
Water Ski Parks (see Section 17 of this district)
Waterslides / Water Parks (see Section 17 of this district)
Any other uses determined by the Development Authority to be similar in nature to any
permitted or discretionary use
(3) Prohibited Uses
Confined Feeding Operations
Grouped Country Residential
Noxious Industry
Resource Extraction
Stripping and Sale of Topsoil
♦ Any use which is not listed as either a Permitted or Discretionary Use, or is not ruled to be
similar to a Permitted or Discretionary Use in accordance with Part 1, Section 34, is a
Prohibited Use.
* Individual Recreational vehicle units (motor homes/campers) which are not considered
permanent buildings or structures and are located in an approved RV park or campground do not
require a development permit [see Part 1 - Administrative, Section 13 (Development Not
Requiring a Development Permit)], but must adhere to the regulations or requirements of any
conceptual design scheme, area structure plan, or conceptual site plan that may be approved.
3.
MINIMUM PARCEL SIZE
Minimum parcel sizes shall be at the discretion of the Subdivision and Development Authority based
on the type of proposal with the following standards being applied:
(1) The minimum parcel size for any use which is not municipally serviced but which requires a
means of sewage disposal shall be:
(a) 0.8 ha (2 acres) in area; or
(b) as indicated in an approved area structure plan or conceptual design scheme.
(2) Parcels or lots less than 0.8 ha (2 acres) in size may be considered in the following circumstances:
(a) the lots are to be connected to municipal or communal services; or
Land Use Bylaw No. 24-007
Rural Recreational (RR) Part 3 | 3
(b) the lots are included in a municipal approved area structure plan or design scheme and the
lot area is based on an alternative or communal waste water treatment system acceptable
to the municipality.
(3) For municipal or communally serviced parcels or lots, the following minimum lot size is
recommended and may be imposed by the Subdivision and Development Authority for various
uses in this land use district:
Width
Area
m
ft.
m2
sq. ft.
Serviced lots
15.2
100
929.0
10,000
(4) At its discretion, the Subdivision and Development Authority may establish greater minimums
for specific proposals, based on the type of development.
4.
MINIMUM SETBACKS FROM ROADWAYS
(1) No part of a building, structure or development shall be located within:
(a) 38.1 metres (125 ft.) of the centre line of any municipal road allowance, unless otherwise
approved by the Development Authority;
(b) 70.0 metres (230 ft.) of the centre line or 40.0 metres (131 ft.) from the right-of-way
boundary, whichever is greater, of roads designated as provincial highways under the
Highways Development Protection Regulation;
(c) for any development adjacent to provincial roadways classified as a four-lane divided
highway or freeways/expressways, the required setback distances and accesses will be
reviewed on a highway-by-highway/development-by-development basis and shall be as
prescribed by Alberta Transportation;
(d) any greater distance that may be required by the Designated Officer in order to facilitate
future road widening, service road dedication, to reduce potential snow drifting, or vision
restrictions.
(2) Where any parcel or part of a parcel has frontage on a provincial highway, special standards for
setbacks, access, and service roadways may be required by Alberta Transportation under the
Highways Development Protection Regulation.
(3) Landscaping setbacks shall be at the discretion of the Designated Officer having consideration
for future road widening and possible adverse effects on the safety of the roadway.
(4) For uses which do not front or are adjacent to a provincial highway or statutory road allowance
and have frontage on an internal subdivision, service or private roadway will require a minimum
property line setback of:
Rural Recreational (RR) Part 3 | 4
Land Use Bylaw No. 24-007
Front Yard
7.62 m (25 ft.)
or such greater as
required by the
designated officer or as
specified in an adopted
area structure plan
Side Yard
interior lot - 3.05 m (10 ft.)
corner lot - 1 @ 3.05 m (10 ft.)
- 1 @ 6.1 m (20 ft.)
or greater, as required by the designated
officer or as specified in an adopted area
structure plan
Rear Yard
7.62 m (25 ft.)
or such greater as
required by the
designated officer or as
specified in an adopted
area structure plan
(5) In conjunction with the roadway setbacks required, all developments must also meet the
applicable minimum side and rear yard setbacks as stipulated in Section (4) above, unless
required otherwise by the Development Authority.
(6) At the discretion of the Development Authority, the applicable setbacks required may be in
conjunction with any approved area structure plan or to reasonably accommodate the proposed
use.
(7) Decks attached to any building are to be considered as part of the principal building and the
applicable setbacks referenced in (1) through (4) above shall apply.
5.
MAXIMUM LOT COVERAGE
As required by the Development Authority, but in all instances the principal building and ancillary
buildings combined shall cover no more than 60 percent of the total surface area of the lot.
6.
ACCESS
To ensure proper emergency access, all developments shall have direct legal and developed physical
access to a public roadway to the satisfaction of the Development Authority in accordance with
municipal road standard policy. If the development is within 300 metres (1,000 ft.) of a provincial
highway, direct legal and physical access to a public roadway shall be to the satisfaction of Alberta
Transportation.
7.
ACCESSORY BUILDINGS OR STRUCTURES
(1) An accessory building or structure shall be accessory to a recreational use and not be used as a
dwelling unless approved as a residential accommodation in conjunction with an approved
recreational use, and shall only be constructed in combination with or after the principal building
has been constructed.
(2) An accessory building or structure shall be setback a minimum 3.0 metres (10 ft.) from the
principal dwelling and from all other structures on the same lot.
(3) An accessory building or structure shall not be located in a front yard or on an easement.
(4) Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not
an accessory building.
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Rural Recreational (RR) Part 3 | 5
(5) For recreational vehicle (RV) parks, accessory buildings or structures shall not exceed 37.2 m²
(400 sq. ft.) in size and 5.47 metres (18 ft.) in height.
8.
AREA STRUCTURE PLANS AND CONCEPTUAL DESIGN SCHEMES
Pursuant to the criteria outlined in the Municipal Development Plan, Council may require the
adoption or approval of an area structure plan or conceptual design scheme prior to considering
applications for development. The Development Authority may recommend that Council require the
adoption of an area structure plan or conceptual design scheme prior to the approval of a
development application if, in the Development Authority's opinion, it is warranted.
9.
MIXED-USE DEVELOPMENTS
Development permit applications for mixed-use developments (buildings or parcels of land) may be
considered for approval in this district if the uses conform to the list of permitted or discretionary
uses. For specific details, the criteria and standards of development stipulated in Part 5 will apply.
10. SITE PLANS
(1) The Development Authority may require a professionally prepared detailed comprehensive site
plan as part of the development permit application to illustrate existing and proposed buildings,
structures, roads and access points, setbacks, landscaping, parking, and utility easements.
(2) The Development Authority shall require professionally prepared site plan as part of the
development permit application, for any proposed mixed-use parcel of land.
11. ARCHITECTURAL CONTROLS
As a development standard of the area structure plan, architectural controls are suggested to be
supplied by the developer to ensure that all development in the development area is of high quality
and is consistent with neighbouring property. These controls may be registered concurrently by a
Restrictive Covenant at the time a plan of survey is filed with the Land Titles Office.
12. SPECIAL DEVELOPMENT CONSTRAINTS
When a recreational development is proposed, Council or the Development Authority may consider
the potential effect on the following when rendering a decision on the application:
(a) the safe and efficient use of nearby highways and secondary roads;
(b) potential future resource developments in the vicinity;
(c) access to or development of existing or potential recreation amenities;
(d) surrounding agricultural operations, including confined feeding operations;
(e) critical wildlife habitats;
(f)
the visual aesthetics of the surrounding landscape;
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Land Use Bylaw No. 24-007
(g) the natural amenities provided by the land including, but not limited to, varied topography,
sloping land, a scenic view and tree cover;
(h) areas prone to flooding or groundwater inundation;
(i)
water supply and sewage disposal;
(j)
areas of historical or archaeological significance;
(k) the irrigation functions of the reservoirs;
(l)
future growth strategies of urban municipalities or conformity to existing inter-municipal plans
or agreements;
(m) the proximity to grouped country residential land uses in the area; and
(n) any other matter the Development Authority considers relevant.
13. RECREATIONAL VEHICLE (RV) PARKS
(1) Council or the Development Authority may impose special standards and requirements in
considering proposals for Recreational Vehicle (RV) parks, based on the type of proposal and
method of water and sewer being provided.
(2) The applicant may be requested to provide a professionally prepared detailed conceptual site
layout plan of the RV park and illustrate the location of related and proposed improvements.
(3) Through the application of architectural controls, homeowners association agreements, and the
approval of an area structure plan or conceptual design scheme, the number of recreational
vehicles (RVs) and related vehicles, (i.e. campers, boats) may be regulated and limited on
individual sites.
(4) RV sites are for the purpose of accommodating landowner's individual RV units for personal
recreational use, and are not to be used for RV storage.
(5) In conjunction with the roadway setbacks required, all developments must also meet the
applicable minimum side and rear yard setbacks to the property lines as stipulated in Section
4(1)(4) above, unless required otherwise by the Development Authority. The Development
Authority may request that individual RV lots are established with development building pockets
so that each lot should have a minimum of 6.1 metres (20 ft.) clearance between the side doors
of the recreational unit any other unit on an adjacent lot.
(6) Back-in lots shall be designed so not to exceed a 60 degree angle to the direction of traffic flows
on the RV park roadway or public road.
(7) All Recreational Vehicle (RV) park developments shall provide adequate potable water and
sewage disposal methods (individual or communal) acceptable to Lethbridge County and must
meet the provincial and public health regulations.
(8) Recreational Vehicle (RV) parks may consist of individually deeded (titled) lots for RV units if
approved by the Lethbridge County Subdivision and Development Authority in conjunction with
an approved plan.
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(9) The Development Authority may require that a minimum 10 percent of the RV park parcel area
be reserved for public space, which may include the provision of playground structures/facilities
for children.
(10) The Development Authority may refuse to approve a development permit for a Recreational
Vehicle (RV) park development if it is determined that the proposed site is situated too close to
an active confined feeding operation. The Development Authority shall use the minimum
distance separation calculations as outlined in the Agricultural Operations and Practices
Amendment Act 2001 and Regulations to determine the required setback to be considered.
14. CAMPGROUNDS
(1)
Campground developments shall be required to be located on one title or parcel, and individual titles for
camp sites shall not be permitted.
(2) An applicant may be requested to provide a professionally prepared detailed conceptual site
plan of the campground site illustrating the camp stalls with size dimensions, landscaping,
fencing, internal circulation, site access and egress, sani-dump stations, and illustrate the
location of public facilities, fire pits, garbage receptacles, and related or proposed
improvements.
(3) Minimum camp site (stall) sizes shall be 111.5 m² (1,200 sq. ft.) for each tent and recreational
vehicle including car parking areas. Lots with water and sewer shall be a minimum of 186 m²
(2,000 sq. ft.) with a minimum width of 8.5 m² (28 ft.).
(4) Individual camp sites shall have a minimum of 6.1 metres (20 ft.) clearance between the side
doors of the recreational unit any other unit.
(5) Roads leading to the proposed campground may be required as a condition of approval,
including the stipulation that the roads are to be brought into a condition necessary to sustain
the volume and type of traffic to be generated by the proposed campground. If the proposal is
situated adjacent to a provincial highway, the applicant is also responsible for obtaining
approval and a permit from Alberta Transportation.
(6) All campground developments shall provide adequate potable water and sewage disposal
methods acceptable to Lethbridge County and must meet the provincial and public health
regulations.
(7) Noise control measures may also be required and imposed as a condition of permit approval,
and may include the use of berms, natural barriers and screens, land use location setbacks, and
enforced camp management control (i.e., limiting active hours).
(8) The Development Authority may require that a minimum 5 percent of the campground parcel
area be reserved for public space, which may include the provision of playground
structures/facilities for children.
(9) The Development Authority may impose special standards of development and may consider
the Alberta Tourism Campground Standards or other provincial guidelines or similar regulations
to be applied as a condition of approval.
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Land Use Bylaw No. 24-007
(10) The Development Authority may refuse to approve a development permit for a campground
development if it is determined that the proposed site is situated too close to an active confined
feeding operation. The Development Authority shall use the minimum distance separation
calculations as outlined in the Agricultural Operations and Practices Amendment Act 2001 and
Regulations to determine the required setback to be considered.
(11) Campgrounds or campgrounds in conjunction with an associated RV Park design are categorized
as a seasonal type of land use activity.
The Development Authority may impose any of the standards listed in Section 14 above to the RV
Park component.
15. CLUSTER LODGES/CABINS ACCOMMODATION
(1) Cluster Lodges/Cabins Accommodation are intended as a type of recreational guest, rental, or
tourist accommodation which may consist of multiple buildings clustered together in proximity
and may include a main day/cooking lodge with associated multiple secondary private sleeping
accommodation units.
(2) Cluster Lodges/Cabins Accommodation developments shall be required to be located on one
title or parcel, and individual titles for accommodation buildings or cabins shall not be permitted.
(3) An applicant may be requested to provide a professionally prepared detailed conceptual site
plan of the cluster lodges or cabins site illustrating the buildings with size dimensions,
landscaping, parking, fencing, internal circulation, site access and egress, amenity areas, and
illustrate the location of public facilities, fire pits, picnic tables, garbage receptacles, and related
or proposed improvements.
(4) All cluster lodges/cabins accommodation developments shall provide adequate potable water
and sewage disposal methods acceptable to Lethbridge County and must meet the provincial
and public health regulations.
16. SHOOTING RANGES - RIFLE, PISTOL, AND ARCHERY RANGES
Part 5, Section 37, Use Specific Provisions / Standards of Development contains land use and
development standards that shall be required in consideration of a development permit or
subdivision for any such use, and may be stipulated as a condition of a subdivision or development
approval.
17. WATER SLIDES AND WATER PARKS
(1) Any proposed recreational use that involves using large volumes of water or a natural or
diverted source of water in conjunction with the operation of the development (e.g., rivers,
lakes, reservoirs, irrigation district canals) must provide evidence to the satisfaction of the
Development Authority that there is an adequate and approved source of water as required for
the development.
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Rural Recreational (RR) Part 3 | 9
(2) Applications to accommodate a water based recreational use shall be required to obtain all
necessary approvals from Alberta Environment and Sustainable Resource Development and/or
the irrigation district if applicable.
(3) Part 4, General Land Use Provisions, Standards of Development, contains land use and
development standards that may be required and stipulated as a condition of a subdivision or
development approval.
18. BOAT DOCKS AND MARINAS
(1) Any proposed recreational boat dock or marina to be installed on a water body may, depending
on the type of water body, require other agencies, irrigation districts, or provincial department
approvals. Development permit approval maybe denied by the Development Authority if the
entity having jurisdiction over the water denies permission for the placement of the boat dock
or marina.
19. APPLICATION REFERRALS
Applications to accommodate a Recreational Vehicle (RV) park, campground, or other recreation use
should be referred to the local health region, and any affected provincial agency or regulatory body
as needed, including Alberta Environment and Sustainable Resource Development, Alberta
Transportation, Tourism, Parks and Recreation, and the Historical Resource Administrator, for
comment prior to rendering a decision by the approval authority.
20. REFUSE SCREENING AND STORAGE
Refuse and garbage shall be required to be kept in suitably-sized and enclosed containers and it shall
be effectively screened until such time as collection or disposal is possible.
21. STANDARDS OF DEVELOPMENT (See Part 4 - General Land Use Provisions)
(1) Part 4 contains land use and development standards that may be required and stipulated as a
condition of a subdivision or development approval.
(2) All development must comply with any additional standards that may be contained in an
adopted area structure plan or design scheme.
22. USE SPECIFIC STANDARDS OF DEVELOPMENT (See Part 5 - Use Specific Provisions)
Part 5 contains additional land use and development standards that may be required and stipulated
as a condition of a subdivision or development approval for use specific developments, such as, but
not limited to, motocross/motor sport parks, moved-in buildings, paint ball operations, shooting
ranges (rifle, pistol and archery), etc.
23. LANDSCAPING AND SCREENING (See Part 4 - General Land Use Provisions)
24. MINIMUM SETBACK REQUIREMENTS FROM RAILWAYS (See Part 4 - General Land Use
Provisions)
Rural Recreational (RR) Part 3 | 10
Land Use Bylaw No. 24-007
25. PARKING AND LOADING AREA REQUIREMENTS (See Part 4 - General Land Use Provisions)
26. RURAL SERVICING STANDARDS AND SOIL SUITABILITY (See Part 4 - General Land Use
Provisions)
27. SIGN REGULATIONS (See Part 6)
28. SUBDIVISION CRITERIA (See Part 8)
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Hamlet Residential (HR) Part 3 | 1
HAMLET RESIDENTIAL - HR
1.
PURPOSE
To provide for a high-quality living environment for hamlet residents pursuant to the Municipal
Development Plan recognition that hamlets act as an important service centre for the agricultural
community. Non-residential uses within the hamlet should be considered with regard for nearby
residential uses and not create conflicts or adversely affect such uses as best as possible.
2.
PERMITTED, DISCRETIONARY AND PROHIBITED USES
(1) Permitted Uses
Accessory Buildings, Structures and Uses to an Approved Permitted Use
Day Homes (see Part 2 - No permit required and Part 5, Section 17)
Dwellings:
Semi-detached Dwellings
Single-detached Site-built
Home Occupations 1 (see Part 5, Section 22)
Parks, Playgrounds and Sportsfields
Public Utilities
Signs Type 1 (in accordance with Part 6)
Shipping Containers, Temporary (see Part 2 - No permit required and Part 5, Section 36)
Solar Collectors, Individual (roof, wall mount) (see Part 2 - No Permit Required and Part 7,
Section 2)
(2) Discretionary Uses
Accessory Buildings, Structures and Uses to an Approved Discretionary Use
Bed and Breakfasts (see Part 5, Section 9)
Day Care (see Part 5, Section 16)
Dwellings:
Duplex Dwellings
Moved-in Dwellings (see Part 5, Section 24)
Multiple-unit Dwellings
Row dwellings or Townhouses
Single-detached Manufactured Homes 1 (see Part 5, Section 24)
Single-detached Manufactured Homes 2 (see Part 5, Section 24)
Single-detached Ready-to-move (see Part 5, Section 24)
Home Occupations 2 (see Part 5, Section 22)
Lodging or Boarding Houses
Manufactured Home Additions
Manufactured Home Parks (on one title) (see Section 18 of this district)
Manufactured Home Park Maintenance/Storage Uses
Manufactured Home Park Maintenance / Utility Uses
Secondary Suites (contained within a single-detached dwelling) (see Part 5, Section 34)
Hamlet Residential (HR) Part 3 | 2
Land Use Bylaw No. 24-007
Senior Citizen Housing
Signs Type 2 Fascia (in accordance with Part 6)
Small Wind Energy Conversion Systems (see Part7, Section 3)
Solar Collectors, Individual (ground mount) (see Part 7, Section 2)
Tourist Homes/Short Term Rentals (see Part 5, Section 41)
(3) Prohibited Uses
Park Model Trailers
Shipping Containers (permanent)
♦ Any use which is not listed as either a Permitted or Discretionary Use, or is not ruled to be
Similar to a Permitted or Discretionary Use in accordance with Part 1, Section 34, is a
Prohibited Use.
♦ In the Hamlet of Fairview, Manufactured Homes 1 and 2 (including Mobile Homes) are
prohibited.
3.
MINIMUM LOT SIZE
(1) The minimum lot size required for parcels with public water supply and sewage disposal systems
shall be:
Width
Length
Area
Use
m
ft.
m
ft.
m2
sq. ft.
Single-detached dwelling
15.2
50
30.5
100
464.5
5,000
Duplex dwelling and semi-detached
dwelling
(for each unit side)
15.2
7.6
50
25
30.5
30.5
100
100
464.5
232.3
5,000
2,500
Row dwelling or townhouses
- interior unit
4.9
16
30.5
100
148.6
1,600
- end unit
7.6
25
30.5
100
232.3
2,500
Multiple-unit dwelling
24.4
80
30.5
100
743.2
8,000
Manufactured homes
15.2
50
30.5
100
464.5
5,000
All other uses
As required by the Development Authority
(2) The Development Authority may approve a development on an existing registered lot if the
minimum dimensions or area are less than those specified above in Section 3(1).
(3) Despite the above requirements, lots located on curved streets or cul-de-sacs may have a lesser
physical frontage due to the radius of the road curve, but in no instance shall it be less than a
minimum frontage of 6 metres (19.68 ft.).
(4) The minimum lot size required for all unserviced or partially serviced parcels developed for
single-detached, semi-detached, duplex, single-wide and double-wide manufactured home
dwellings shall be:
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Hamlet Residential (HR) Part 3 | 3
Width
Length
Area
Use
m
ft.
m
ft.
m2
sq. ft.
Municipal sewer only
30.5
100
30.5
100
929.0 10,000
Municipal water only
30.5
100
30.5
100
1393.5 15,000
No municipal water and no municipal
sewer
30.5
100
30.5
100
1858.0 20,000
or such greater area as may be required by the Development Authority in accordance with
Regional Health Authority and Alberta Environment regulations or recommendations.
(5) The minimum lot size required for all unserviced or partially serviced lots developed for multiple-
unit dwellings, row dwellings or townhouses, or other uses within this district shall not be less
than those measurements required by the Development Authority in accordance with Regional
Health Authority and Alberta Labour (Safety Code) regulations or recommendations.
4.
MINIMUM YARD SETBACK REQUIREMENTS
(1) The minimum setbacks required for any building or structure from the property lines shall be:
Front Yard
Side Yard
Rear Yard
Use
m
ft.
m
ft.
m
ft.
Single-detached and ready-to-move dwellings
6.1
20
1.5
5
7.6
25
Duplex dwellings (2 storeys)
6.1
20
1.5
5
7.6
25
Front Yard
Side Yard
Rear Yard
Use
m
ft.
m
ft.
m
ft.
Semi-detached dwellings (side-by-side, common
wall)
6.1
20
1.5
5
7.6
25
Row dwellings or townhouses
- interior unit
- end unit
6.1
6.1
20
20
--
3.05
--
10
7.6
7.6
25
25
Multiple-unit dwellings
6.1
20
3.05
10
9.1
30
Manufactured homes 1
6.1
20
1.5
5
7.6
25
Manufactured homes 2
6.1
20
4.6
15
3.0
10
main entrance
1.5
5
other side
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Land Use Bylaw No. 24-007
(2) Minimum Corner Lot Setbacks
Where any lot has more than one front yard line, the
front yard requirement shall apply to all yards, but at the
discretion of the Development Authority only one-half
the front yard requirement may apply to one of the
front yards, and that yard shall be considered a side
yard.
(3) Corner Lot Restrictions - See Part 4 - General Land
Use Provisions
(4) Minimum Lot Line Setbacks for Overhanging Eaves
The overhanging eaves of a principal building shall not
be less than 0.61 metre (2 ft.) from the side lot line.
5.
OTHER SETBACK REQUIREMENTS
In addition to municipal required setbacks of the bylaw, the Development Authority shall also
consider other provincially mandated setbacks that may apply to developments in certain situations,
including the following:
(1) Where a hamlet has a municipal wastewater treatment facility, an operating landfill, a non-
operating landfill, waste storage site or a hazardous waste management facility in the vicinity,
development (such as residential dwellings, food establishments, schools, etc. as outlined in the
Regulation) must meet the provincial specified setback distances as prescribed in the MGA,
Matters Relating to Subdivision and Development Regulation.
(2) At the discretion of the Subdivision or Development Authority, the required setback distance
may be reduced for subdivision or development within the 300 m setback buffer to the
wastewater treatment facility in the Hamlet of Shaughnessy in consideration of the engineered
Odour Assessment (Potential Nuisance Levels of Odour for the Shaughnessy Lagoons) report
(September 2023) and how the study's findings and modelling relates to the subject land
location and proposed use.
(3) In all hamlets, the Subdivision or Development Authority may apply setback discretion to the
items referenced in section 5(1) using the Alberta Environment and Protected Areas Guideline
for Setback Reviews to evaluate a development permit or subdivision application where the
setback distances are planned or being considered for a reduction provided the appropriate
study and mitigating measures are provided or in accordance with any other provincially
mandated requirements.
6.
MAXIMUM SITE COVERAGE
Principal and ancillary buildings combined shall cover no more than 45 percent of the total lot area.
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Hamlet Residential (HR) Part 3 | 5
7.
MINIMUM FLOOR AREA
Area
Use
m2
sq. ft.
Single-detached dwellings and Ready-to-move
dwellings
74.3
800
Duplex and semi-detached dwellings
65.0
700
Multiple-unit dwellings
65.0
700
Row dwellings or townhouses
65.0
700
Manufactured homes 1
74.3
800
Manufactured homes 2
Single-wide manufactured homes 2
Double-wide manufactured homes 2
65.0
72.0
700
775
Moved-in dwelling
74.3
800
All other uses
As required by the Development
Authority
8.
MAXIMUM HEIGHT OF BUILDINGS
Principal building - 10.0 metres (33 ft.)
Accessory building - 5.49 m (18 ft.)
All other uses - As required by the Development Authority
9.
ACCESSORY BUILDINGS AND STRUCTURES
(1) Maximum Height & Size - No accessory building shall exceed 5.49 m (18 ft.) in height. In no case
shall any detached accessory structure exceed 167.2 m2 (1,800 sq. ft) in area size.
(3) The first accessory building, which is 9.3 m² (100. sq. ft.) or less in area, placed on a lot does not
require a development permit, but any second or subsequent accessory building shall require a
development permit.
(4) The Development Authority may limit the number of accessory buildings on a lot.
(5) Where a structure is attached to the principal
building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered
a part of the principal building and is not an accessory
building.
(6) As a condition of a permit, if a development approval
is required, the Development Authority may
stipulate specific requirements for the type of foundation, fastening or tie-down system, finish,
colour, roof pitch, and materials to be applied to the accessory building or structure.
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Land Use Bylaw No. 24-007
(7) Minimum Yard Setback Requirements
(a) Accessory buildings and structures shall not be less than 1.5 metres (5 ft.) from a side lot
line or rear lot line.
(b) A carport is permitted in a side yard but shall not be less than 1.5 metres (5 ft.) from a side
lot line.
(c) The side yard requirement for a principal building with an attached garage shall be the same
as for a principal building.
(d) An accessory building or structure shall not be located in the required setback from a public
road or on an easement.
(e) An accessory building or structure shall be setback a minimum 1.2 metres (4 ft.) from the
principal dwelling and from all other structures on the same lot.
10. DECKS AND AMENITY SPACES
(1) A development permit is required for the construction of any deck 0.6 metre (2 ft.) or more
above grade in height. Deck height is measured from the finished grade to the finished floor
grade of the deck.
(2) A development permit is required for the construction of any deck that is covered or enclosed
(roof or walls), regardless of the height.
(3) A development permit is required for the construction of a deck if it will be attached to a
principal building.
(4) For the purpose of calculating yard setbacks and site coverage requirements as provided in this
bylaw, where a structure is attached to the principal building by a roofed structure (open or
enclosed), it shall be deemed to be part of the principal building and must meet the required
side and rear yard setbacks.
(5) Decks not attached to a building that are not 0.6 metre (2 ft.) or more in height, do not require
a development permit provided they meet the minimum setback requirements for accessory
buildings.
(6) Rear Yard Setbacks: uncovered decks may encroach into the minimum required rear yard
setback a maximum distance of 3 metres (9.8 ft.).
(7) For the purpose of applying these standards of the bylaw:
(a) A deck means a wooden, or other similar hard-surfaced platform, with or without a roof,
walls or railings intended for outdoor living space or amenity area and which is generally
attached to a building.
(b) A raised deck means a horizontal structure with a surface height 0.6 metre (2 ft.) or greater
above grade at any point, but generally no higher than the first storey floor level, and is
intended for use as a private outdoor amenity space.
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Hamlet Residential (HR) Part 3 | 7
(c) A ground level deck means an
unenclosed (no roof or walls) amenity
area of wood, or other similar
material, that is constructed less than
0.6 metre (2 ft.) above grade and is
typically attached to a dwelling.
(d) A ground level patio means an
unenclosed (no roof or walls) amenity
area of concrete, brick, wood, or other
material that is constructed at grade
and may or may not be or attached to a dwelling.
11. MAXIMUM FLOOR AREA AND STANDARDS FOR ATTACHED GARAGES (in Hamlets)
(1) The total first floor area of any attached garage shall be less than the total first floor area of the
principal building it is attached to but in all circumstances it is not to exceed 139.35 m² (1,500
sq. ft.).
(2) For the purpose of calculating maximum site coverage an attached garage shall be considered
as part of the principal building. When a garage or structure is attached to the principal building
by a roof, floor, common wall or foundation above or below grade, it is considered to be part of
the principal building. This includes a garage attached by a breezeway to the dwelling.
(3) The maximum height of any attached garage shall be compatible with the roof ridge height of
the principal building it is attached to, but in all circumstances, it is not to exceed by more than
10 percent the total height of the principal building. The maximum height is measured from the
average finished grade (floor entry level) to the top of roof ridge.
(4) The design, character and appearance of a garage attached to a dwelling shall complement and
be compatible with the dwelling it is associated with and be consistent with the intent of the
land use district in which the building is located.
(5) The Development Authority may impose reasonable conditions on a development permit if it
will make the attached garage or development more consistent with the character of the
attached dwelling or neighbouring land uses.
(6) The Development Authority may regulate the exterior finish, roofing material, window style and
colour scheme of attached garages to improve the quality of the proposed development or
ensure it is compatible with the dwelling it is attached to.
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Land Use Bylaw No. 24-007
12. AREA STRUCTURE PLANS AND DESIGN SCHEMES
If an area proposed for development will become a more densely developed residential area in the
future, an area structure plan or design scheme may be required.
13. ELIGIBLE MANUFACTURED HOMES
(1) New factory-built manufactured homes.
(2) Used factory-built manufactured homes, constructed from 1985 to present, as determined to
be in a state of good condition by the Development Authority.
(3) Manufactured homes shall be CSA (Canadian Standards Association) certified.
(4) Any application for a development permit to locate a used manufactured home on a
manufactured home lot shall include a recent colour photograph of the manufactured home.
(5) A Safety Codes inspection (at the expense of the applicant) of a used manufactured home
proposed to be located on a manufactured home lot may be required by the Development
Authority in order to determine if such a home is suitable.
(6) A development permit may be denied at the discretion of the Development Authority if the
Development Authority is of the opinion that the manufactured home is in a state of poor
disrepair, unsuitable, or older than 1985.
(7) The Development Authority may request that manufactured dwellings are registered with the
Provincial Personal Property Registration. The CSA model number, serial number, and Alberta
Personal Property Registration number should be provided at the time of submission of a
development permit application if required to be registered with the County.
14. MANUFACTURED HOME ADDITIONS
All manufactured home additions shall require a development permit and shall be of a design and
finish which will enhance and be compatible with the manufactured home.
Land Use Bylaw No. 24-007
Hamlet Residential (HR) Part 3 | 9
15. MANUFACTURED HOME _GENERAL APPEARANCE
In order to maintain the residential character of the development:
(a) the underside of the frames of manufactured homes, which are not provided with a basement,
shall be within 0.9 metres (3 ft.) of the finished grade;
(b) the front yard area of each lot shall be suitably developed and landscaped;
(c) wheels and hitch shall be removed and skirting shall be in place immediately after placement of
the manufactured home on the foundation.
16. ANCHORING A MANUFACTURED HOME DWELLING
Every manufactured home dwelling shall be securely anchored in conformity with CSA standards and
provincial Safety Codes.
17. BASEMENTS
A basement for a manufactured home may be required at the discretion of the Development
Authority. If a basement is to be provided, the access to the basement is to be housed within an
approved enclosure.
18. MANUFACTURED HOME PARK DESIGN CRITERIA AND DEVELOPMENT STANDARDS (ON
ONE PARCEL)
(1) General and Overall Appearance
The manufactured home park should incorporate detailed aesthetic consideration such as:
(a) substantial landscaping design of the entire park in general and of individual sites in
particular;
(b) treatment of communal areas both indoor and outdoor;
(c) imaginative handling of lamp standards, litter bins, street signs and things of this nature.
(2) Integration with Adjoining Residential Uses
The park design and subsequent placement of manufactured homes on lots should integrate
well with adjoining residential development so as not to be obtrusive.
(3) Density
The design of the park should be such that the net side density of the park does not exceed 20
units her ha (8 units per acre).
(4) Open Space Requirements
A minimum of 10 percent of the manufactured home park area should be developed for park
and playground use for the enjoyment of the inhabitants.
Hamlet Residential (HR) Part 3 | 10
Land Use Bylaw No. 24-007
(5) Street Layout and Streetscape
(a) Grouping or clustering of manufactured homes should provide a mixture of types and
aesthetic variety along the streets and spatial relationships between the manufactured
homes.
(b) Street furniture such as light standards, signs, telephone booths, litter bins, etc., should,
where possible, be of a high quality in design and harmoniously incorporated into the total
streetscape.
(c) Angled lots (60%) to the road are preferable to allow for easier transport and siting of
homes on lots.
(d) The required minimum road surface width for a manufactured home park, if the road is
part of a private condominium plan, must be not less than 9 metres (30 ft.).
(e) If the road is part of a municipal public road within an approved manufactured home park,
the required minimum road right-of-way width must be not less than 20.1 metres (66 ft.).
(6) Open Space, Recreational Area and Buffer Strip Standards
(a) Landscaping Standards
A substantial number of mature trees and a good variety of shrubbery should be utilized in
the landscaping of the park to provide both a park-like atmosphere and proper screening.
(b) Recreation Area and Development
The 10 percent of the manufactured home park which is dedicated to open space shall
include playground equipment to accommodate children's play. This 10 percent area
should also provide benches and a walkway for passive recreation.
(7) Servicing Requirements
(a) A qualified engineer should be engaged at the expense of the developer to consult with the
County and utility companies to arrive at a design for all interior servicing, including roads,
drainage, sewer, water, natural gas, telephone, electrical and fire protection.
(b) All on-site servicing should be built to the standards and requirements of Lethbridge
County, TransAlta, and private utility providers, which may include ATCO Gas, Shaw and
Telus.
(c) Utility easements as may be required shall be provided within the site and reasonable
access to these easements shall be granted to Lethbridge County and utility companies for
the installation and maintenance of services.
(8) Garbage Enclosures
Garbage enclosures shall be properly screened to the satisfaction of the Development
Authority. Common garbage receptacle areas, if provided in the comprehensive plan, must be
suitably and effectively screened to the satisfaction of the Development Authority.
Land Use Bylaw No. 24-007
Hamlet Residential (HR) Part 3 | 11
(9) Storage Compound
(a) The developer of the manufactured home park should provide and maintain in good repair
within the park, an area to accommodate the storage of recreational vehicles such as motor
boats, travel trailers, etc.
(b) The size of this storage compound shall be a percentage of the total site area as determined
by the Development Authority.
(c) The storage compound shall be screened by fences, trees, landscape features, or a
combination thereof, to the satisfaction of the Development Authority, and shall be
maintained in good repair.
(10) Park Maintenance / Storage Uses
The design of the park shall include an area or accessory building for the use of park
maintenance and storage uses to be constructed for the care and maintenance of the park.
(11) Drawings to be submitted by Applicants
(a) Site Plan
(i)
A scaled site plan shall be submitted showing the manufactured home park and its
immediate surroundings.
(ii) The site plan shall indicate, among other things, the mix of single-wide and double-
wide manufactured dwelling lots, the lot size dimensions, street and pavement widths,
parking stalls, location of service buildings, storage compound, playground and
walkway system.
(b) Utility Plan
(i)
The utility plan shall be based on the site plan.
(ii) The utility plan shall indicate the location of all utilities necessary for the provision of
the following services to the area to be developed:
- water supply (including any proposed irrigation)
- sanitary sewer
- storm sewer
- power
- natural gas
- telephone
- cablevision
- street lighting
(iii) The sizing and specifications of all utilities to be determined in consultation with the
County' Public Works Department and the respective utility companies or agencies.
(iv) In conjunction with the above (b), and in relation to the storm sewer, an engineered
storm water management plan must be provided to the satisfaction of the
Development Authority.
(c) Layout Plan Showing Typical Single-detached Manufactured Home Lots
(i)
The layout plan shall indicate typical arrangement of single-detached manufactured
dwellings.
Hamlet Residential (HR) Part 3 | 12
Land Use Bylaw No. 24-007
(ii) The layout plan shall also indicate parking areas and landscaping of the lot.
(d) Landscaping Plan
A detailed landscaping plan shall illustrate the types of tree planting and ground occupy for
internal buffer strips, open space and playground areas, irrigation layout, all single-
detached manufactured dwelling lots, and entrances to the park.
19. STANDARDS OF DEVELOPMENT (See Part 4 - General Land Use Provisions)
20. LANDSCAPING AND SCREENING (See Part 4 - General Land Use Provisions)
21. OFF-STREET PARKING REQUIREMENTS (See Part 4 - General Land Use Provisions)
22. USE SPECIFIC STANDARDS OF DEVELOPMENT (See Part 5 - Use Specific Provisions)
23. READY-TO-MOVE DWELLINGS (See Part 5 - Use Specific Provisions)
24. MANUFACTURED HOMES 1 AND 2 (See Part 5 - Use Specific Provisions)
25. MOVED-IN DWELLINGS (See Part 5 - Use Specific Provisions)
26. HOME OCCUPATIONS (See Part 5 - Use Specific Provisions)
27. FORMS (See Appendix B)
28. FEES (See Appendix C)
Land Use Bylaw No. 24-007
Hamlet Commercial (HC) Part 3 | 1
HAMLET COMMERCIAL - HC
1.
PURPOSE
To provide for a high quality and diverse range of commercial development for hamlet residents and
to complement the Municipal Development Plan's recognition of the fact that hamlets act as
important service centres for the agricultural community.
2.
PERMITTED, DISCRETIONARY AND PROHIBITED USES
(1) Permitted Uses
Accessory Buildings, Structures and Uses to an Approved Permitted Use
Banks / Financial Institutions
Convenience Stores
Medical Offices or Clinics
Offices
Personal Service Outlets
Restaurants
Retail Sales
Shipping Containers, Temporary (see Part 2 - No Permit Required and Part 5, Section 36)
Signs Type 1 (in accordance with Part 6)
Solar Collectors, Individual (roof, wall mount) (see Part 2 - No Permit Required and Part 7,
Section 2)
Signs Type 2 (in accordance with Part 6)
(2) Discretionary Uses
Accessory Buildings, Structures and Uses to an Approved Discretionary Use
Ancillary Buildings and Uses
Bars and Lounges
Bus/Transportation Depots
Crematoriums / Funeral Homes
Day Care (see Part 5, Section 16)
Grocery Stores
Hotels and Motels
Liquor Stores
Public Utilities
Residential uses being Secondary to the Commercial Use which is the primary use of the
property
Retail Cannabis Store
Signs Type 3 (in accordance with Part 6)
Service Stations / Gas Bars (including repair garage as an ancillary use) (see Part 5, Section 35)
Small Wind Energy Conversion Systems (see Part 7, Section 3)
Solar Collectors, Individual (ground mount) (see Part 7, Section 2)
Hamlet Commercial (HC) Part 3 | 2
Land Use Bylaw No. 24-007
(3) Prohibited Uses
♦ Any use which is not listed as either a Permitted or Discretionary Use, or is not ruled to be
similar to a Permitted or Discretionary Use in accordance with Part 1, Section 34, is a
Prohibited Use.
3.
MINIMUM LOT SIZE
Width
Length
Area
Use
m
ft.
m
ft.
m2
sq. ft.
(1) All uses
4.6
15
30.5
100
139.4
1,500
(2) On unserviced or partially serviced lots, the lot measurements may be increased by the
Development Authority and the following may be applied as the minimum lot size required for
all unserviced or partially serviced parcels:
Width
Length
Area
Use
m
ft.
m
ft.
m2
sq. ft.
Municipal sewer only
30.5
100
30.5
100
929.0 10,000
Municipal water only
30.5
100
30.5
100
1393.5 15,000
No municipal water and no municipal
sewer
30.5
100
30.5
100
1858.0 20,000
or such greater area as may be required by the Development Authority in accordance with
Regional Health Authority and Alberta Environment regulations or recommendations.
(3) Corner Lot Restrictions - See Part 4, Section 7.
4.
MINIMUM YARD REQUIREMENTS
The minimum setback required shall be:
Front Yard
Side Yard
Rear Yard
Use
m
ft.
m
ft.
m
ft.
All uses
4.6
15
0
0
9.1
30
Variances to the required front yard setback may be considered based on historical development
patterns for the street or block and the locations/setbacks of adjacent buildings or uses.
5.
MAXIMUM SITE COVERAGE
The principal and ancillary buildings combined shall cover no more than 80 percent of the lot area.
Land Use Bylaw No. 24-007
Hamlet Commercial (HC) Part 3 | 3
6.
ACCESSORY BUILDINGS AND STRUCTURES
(1) An accessory building or structure shall not be located in the required setback from a public road
or on an easement.
(2) An accessory building or structure shall be setback a minimum 3.0 metres (10 ft.) from the
principal dwelling and from all other structures on the same lot.
(3) Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not
an accessory building.
(4) As a condition of a permit, if a development approval is required, the Development Authority
may stipulate specific requirements for the type of foundation, fastening or tie-down system,
finish, colour, roof pitch, and materials to be applied to the accessory building or structure.
7.
LANDSCAPING, SCREENING AND LOCATION OF STORAGE
(1) Separation, or buffering, between adjacent land uses may be required, including the use of
trees, shrubs, fences, walls, and berms to buffer or screen uses of negative impact.
(2) See Part 4 - General Land Use Provisions, Section 25 for landscaping requirements.
(3) Outdoor storage is prohibited in the front yard. All loading, service, and storage areas (where
permitted), shall be located to the rear and sides of the principal building and shall be screened
from view from any public roadway other than a lane, and from adjacent sites by a wall,
landscape materials, berms, fences, or a combination of these features, to the satisfaction of
the Development Authority.
(4) The outdoor display of goods, materials or equipment solely for advertisement purposes may
be allowed, unless otherwise stipulated by the Development Authority, subject to the following:
(a) The display of goods, materials or equipment may be permitted in the front yard provided
that it is restricted to examples of limited equipment, products, vehicles or items sold by
the business or industrial use located on the subject site containing the display area;
(b) the outdoor display areas are not located within any required setback; and
(c) the display areas are not located on any required and approved landscaping area.
(5) Refuse or garbage shall be kept in a suitably-sized container or enclosure and shall be located in
a rear yard only. Refuse containers shall be screened from view from any public roadway other
than a lane, and from adjacent sites by a wall, landscape materials, berms, fences, or a
combination of these features, to the satisfaction of the Development Authority.
(6) Equipment, parts, wrecked or damaged motor vehicles which might be located or stockpiled on
the property as part of an approved development must be effectively screened from all adjacent
parcels and roadways in the vicinity.
(7) The Development Authority may require that any exposed projections outside the building, such
as mechanical and electrical equipment and cooling towers, be screened from view from any
Hamlet Commercial (HC) Part 3 | 4
Land Use Bylaw No. 24-007
public roadway and adjacent sites if, in the opinion of the Development Authority such
projections are:
(a) inconsistent with the character and appearance of surrounding development or intended
visual qualities of this district; or
(b) are required in accordance with any area structure plan or intermunicipal development
plan policies.
8.
LOADING AREA REQUIREMENTS
(1) For commercial, industrial and other uses, there shall be a minimum of one off-street designated
loading area, or more as required by the Development Authority. Uses such as office buildings,
business support services, and professional services that do not involve the production, sales,
storage or shipping of products or goods may be exempted from this requirement by the
Development Authority.
(2) Each loading area shall be designed in such a manner that it will not interfere with convenient
and safe pedestrian movement, traffic flow, site access/approaches onto public roadways, or
parking.
(3) See Part 4 - General Land Use Provisions for additional standards.
9.
MIXED-USE DEVELOPMENTS
Development permit applications for mixed-use developments (buildings or parcels of land) may be
considered for approval in this district if the uses conform to the list of permitted or discretionary
uses. For specific details, the criteria and standards of development stipulated in Part 5 will apply.
10. SITE PLANS
(1) The Development Authority may require a professionally prepared detailed comprehensive site
plan as part of the development permit application to illustrate existing and proposed buildings,
structures, roads and access points, setbacks, landscaping, parking, and utility easements.
(2) The Development Authority shall require professionally prepared site plan as described in above
Section 10(1) as part of the development permit application, for any proposed mixed-use parcel
of land.
11. AREA STRUCTURE PLANS AND DESIGN SCHEMES
If the Development Authority is of the opinion the area proposed for the development will become
a clustered commercial development in the future, an area structure plan or design scheme may be
required.
Land Use Bylaw No. 24-007
Hamlet Commercial (HC) Part 3 | 5
12. STANDARDS OF DEVELOPMENT (See Part 4 - General Land Use Provisions)
(1) Part 4 contains land use and development standards that may be required and stipulated as a
condition of a subdivision or development approval.
(2) All development must comply with any additional standards that may be contained in an
adopted area structure plan or design scheme.
13. LANDSCAPING AND SCREENING (See Part 4 - General Land Use Provisions)
14. OFF-STREET PARKING REQUIREMENTS (See Part 4 - General Land Use Provisions)
15. USE SPECIFIC STANDARDS OF DEVELOPMENT (See Part 5 - Use Specific Provisions)
16. MOVED-IN BUILDINGS (See Part 5 - Use Specific Provisions)
17. SIGN REGULATIONS (See Part 6)
18. FORMS (See Appendix B)
19. FEES (See Appendix C)
Land Use Bylaw No. 24-007
Hamlet Industrial (HI) Part 3 | 1
HAMLET INDUSTRIAL - HI
1.
PURPOSE
To encourage the efficient development of the area and ensure that industrial development is
compatible with other urban uses through the regulation of the following listed uses.
2.
PERMITTED, DISCRETIONARY AND PROHIBITED USES
(1) Permitted Uses
Accessory Buildings, Structures and Uses to an Approved Permitted Use
Buildings and Structures Ancillary to Grain Elevators
Building and Trade Contractor Services
Farm Machinery Sales and Service Outlets
Garden Centre / Greenhouses
Grain Terminals
Industrial Uses requiring Spur Trackage
Mini-storage
Non-noxious Manufacturing and Processing Facilities
Railway and Railway Installations
Shipping Containers, Temporary (see Part 2 - No Permit Required and Part 5, Section 36)
Signs Type 1 (in accordance with Part 6)
Signs Type 2 (in accordance with Part 6)
Solar Collectors, Individual (roof, wall mount) (see Part 2 - No Permit Required and Part 7,
Section 2)
Transportation Depots
Warehousing and Indoor Storage Facilities
(2) Discretionary Uses
Accessory Buildings, Structures and Uses to an Approved Discretionary Use
Alternative or Renewable Energy Facilities, Individual (see Part 7)
Automobile Sales and Service Outlets
Bulk Fuel Depots
Car and Truck Wash Facilities (see Part 5, Section 13)
Clubs/fraternal organizations
Fertilizer Storage and Sales
Outdoor Storage
Public Utilities Installations
Recreational Vehicle Storage (see Part 5, Section 31)
Recreation, minor
Residential in conjunction with an Approved Industrial Use
Seed Processing Facility
Service Stations and associated Repair Garages (see Part 5, Sections 6 and 35)
Shipping Containers (see Part 5, Section 36)
Hamlet Industrial (HI) Part 3 | 2
Land Use Bylaw No. 24-007
Signs Type 3 (in accordance with Part 6)
Small Wind Energy Conversion Systems (see Part 7, Section 3)
Solar Collectors, Individual (ground mount) (see Part 7, Section 2)
Veterinary Clinics, Small and Large Animal
(3) Prohibited Uses
Anhydrous Ammonia and Other Bulk Fertilizer Storage
♦ Any use which is not listed as either a Permitted or Discretionary Use, or is not ruled to be
similar to a Permitted or Discretionary Use in accordance with Part 1, Section 34, is a
Prohibited Use.
3.
MINIMUM LOT SIZE
Width
Length
Area
Use
Servicing
m
ft.
m
ft.
m2
sq. ft.
All uses (except
outdoor storage,
railway, and public
utilities installations)
Sewer and water
Sewer or water only
Unserviced
22.9
30.5
30.5
75
100
100
30.5
30.5
30.5
100
100
100
929.0
1393.5
1,858.0
10,000
15,000
20,000
4.
MINIMUM SETBACK REQUIREMENTS
Front Yard
Side Yard
Rear Yard
Use
m
ft.
m
ft.
m
ft.
(1) All uses
6.1
20
4.6
15
7.6
25
Or greater as required by the Planning and
Development Officer
(2) The Development Authority may require special standards for setbacks, access and service
roadways for parcels adjacent to provincial highways in accordance with Alberta Transportation
and Utilities recommendations, permit requirements and the Public Highways Development Act.
5.
MAXIMUM SITE COVERAGE
As required by the Development Authority.
6.
ACCESSORY BUILDINGS AND STRUCTURES
(1) An accessory building or structure shall not be located in the required setback from a public road
or on an easement.
(2) An accessory building or structure shall be setback a minimum 3.0 metres (10 ft.) from the
principal building and from all other structures on the same lot.
(3) Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not
an accessory building.
Land Use Bylaw No. 24-007
Hamlet Industrial (HI) Part 3 | 3
(4) As a condition of a permit, if a development approval is required, the Development Authority
may stipulate specific requirements for the type of foundation, fastening or tie-down system,
finish, colour, roof pitch, and materials to be applied to the accessory building or structure.
(5) The maximum height of an accessory building or structure shall be as determined suitable by
the Development Authority.
7.
SERVICING REQUIREMENTS
(1) Every development shall be required to install a sewage disposal system and potable water
system in accordance with Lethbridge County Engineering Guidelines and Minimum Servicing
Standards or other system as approved by the municipality.
(2) The Development Authority may refuse a development, and the Subdivision Authority may
refuse to approve a subdivision, if the parcel on which it is proposed is not large enough or does
not have suitable soil characteristics to support a sewage disposal system to the standard
required.
(3) The Development Authority may refuse a development, and the Subdivision Authority may
refuse to approve a subdivision, if it cannot be demonstrated to the satisfaction of the approval
authority that the parcel has access to a secure potable water source or system.
(4) Industrial or business uses that require or use a large volume of water may be denied a
development permit if a secured source of water, relative to what is required for the
development, is not verified or cannot be guaranteed to the satisfaction of Lethbridge County.
This may include, but is not limited to, car/ truck wash facilities, food or other various processing
industries, and biofuel plants associated with ethanol production.
8.
ACCESS
(1) The municipality may, at the time of subdivision or development, require the developer to enter
into an agreement for the construction of any approach(es) necessary to serve the lot or
development area in accordance with Lethbridge County Engineering Guidelines and Minimum
Servicing Standards.
(2) To ensure proper emergency access, all developments shall have direct legal and developed
physical access to a public roadway in accordance with Lethbridge County Engineering
Guidelines and Minimum Servicing Standards, unless otherwise approved by the municipality. If
the development is within 304.8 metres (¼ mile) of a provincial highway, direct legal and physical
access to a public roadway shall be to the satisfaction of Alberta Transportation.
(3) No full-access frontages to parcels from local roads shall be allowed and developers shall be
limited to one access per parcel in accordance with Lethbridge County Engineering Guidelines
and Minimum Servicing Standards, unless otherwise approved by the municipality.
(4) Access points adjacent to blind corners, hills, ridges, railway crossings and any other
obstructions shall be positioned so as to provide a reasonably unobstructed view in either
direction of 100 metres (328 ft.) on a local road.
Hamlet Industrial (HI) Part 3 | 4
Land Use Bylaw No. 24-007
(5) The requirement of a service road or subdivision street to provide access may be imposed as a
condition of approval for any new subdivision or development. Construction and survey costs
for a service road shall be the responsibility of the applicant.
9.
ARCHITECTURAL CONTROLS
All development must comply with any approved architectural controls if required as part of an area
structure plan or subdivision approval. Proof of compliance to the applicable architectural controls
is required at the time of submission of a development permit application.
10. AREA STRUCTURE PLANS AND DESIGN SCHEMES
Pursuant to the criteria outlined in the Municipal Development Plan, the Development Authority may
recommend that Council require the adoption of an area structure plan or design scheme prior to
consideration of an application.
11. INDUSTRIAL DEVELOPMENT STANDARDS
(1) No use shall be approved which may generate traffic problems within the district.
(2) Any proposed industrial development shall meet all the required and appropriate regulations of
the National Building Code - Alberta Edition.
(3) On parcels located adjacent to provincial highways, any storage of goods, products, raw
materials, etc. shall be effectively screened from view by buildings, solid fences, landscaped
features, or combinations thereof and be maintained in good repair.
(4) Landscaping, fencing, screening and siting or setback restrictions may be imposed as a condition
of a development permit, with consideration for Section 12 below, and Part 4, Section 25.
(5) Where it appears that greater side yard setbacks may be necessary, the Development Authority
may impose such a requirement as a condition of a development permit.
(6) No veterinary clinic shall be located within 300 metres (1,000 ft.) of a neighbouring residential
building excepting an approved dwelling that is ancillary to the designated use.
(7) No operation or activity associated with any use in this District shall be permitted which would
create a nuisance factor from noise, odour, earthborn vibrations, heat, intense light sources or
dust, outside an enclosed building.
(8) See Part 4 - General Land Use Provisions for additional requirements.
(9) See Part 5 - Use Specific Provisions.
12. LANDSCAPING, SCREENING AND LOCATION OF STORAGE
(1) Separation, or buffering, between adjacent land uses may be required, including the use of
trees, shrubs, fences, walls, and berms to buffer or screen uses of negative impact.
(2) See Part 4 - General Land Use Provisions, Section 25 for landscaping requirements.
Land Use Bylaw No. 24-007
Hamlet Industrial (HI) Part 3 | 5
(3) Outdoor storage is prohibited in the front yard. All loading, service, and storage areas (where
permitted), shall be located to the rear and sides of the principal building and shall be screened
from view from any public roadway other than a lane, and from adjacent sites by a wall,
landscape materials, berms, fences, or a combination of these features, to the satisfaction of
the Development Authority.
(4) The outdoor display of goods, materials or equipment solely for advertisement purposes may
be allowed, unless otherwise stipulated by the Development Authority, subject to the following:
(a) the display of goods, materials or equipment may be permitted in the front yard provided
that it is restricted to examples of limited equipment, products, vehicles or items sold by
the business or industrial use located on the subject site containing the display area;
(b) the outdoor display areas are not located within any required setback; and
(c) the display areas are not located on any required and approved landscaping area.
(5) Refuse or garbage shall be kept in a suitably-sized container or enclosure and shall be located in
a rear yard only. Refuse containers shall be screened from view from any public roadway other
than a lane, and from adjacent sites by a wall, landscape materials, berms, fences, or a
combination of these features, to the satisfaction of the Development Authority.
(6) Equipment, parts, wrecked or damaged motor vehicles which might be located or stockpiled on
the property as part of an approved development must be effectively screened from all adjacent
parcels and roadways in the vicinity.
(7) The Development Authority may require that any exposed projections outside the building, such
as mechanical and electrical equipment and cooling towers, be screened from view from any
public roadway and adjacent sites if, in the opinion of the Development Authority such
projections are:
(a) inconsistent with the character and appearance of surrounding development or intended
visual qualities of this District; or
(b) are required in accordance with any area structure plan or intermunicipal development
plan policies.
13. LOADING AREA REQUIREMENTS
(1) For commercial, industrial and other uses, there shall be a minimum of one off-street designated
loading area, or more as required by the Development Authority. Uses such as office buildings,
business support services, and professional services that do not involve the production, sales,
storage or shipping of products or goods may be exempted from this requirement by the
Development Authority.
(2) Each loading area shall be designed in such a manner that it will not interfere with convenient
and safe pedestrian movement, traffic flow, site access/approaches onto public roadways, or
parking.
(3) See Part 4 - General Land Use Provisions for additional standards.
Hamlet Industrial (HI) Part 3 | 6
Land Use Bylaw No. 24-007
14. MIXED-USE DEVELOPMENTS
Development permit applications for mixed-use developments (buildings or parcels of land) may be
considered for approval in this district if the uses conform to the list of permitted or discretionary
uses. For specific details, the criteria and standards of development stipulated in Part 5 will apply.
15. SITE PLANS
(1) The Development Authority may require a professionally prepared detailed comprehensive site
plan as part of the development permit application to illustrate existing and proposed buildings,
structures, roads and access points, setbacks, landscaping, parking, and utility easements.
(2) The Development Authority shall require professionally prepared site plan as described in above
Section 15(1) as part of the development permit application, for any proposed mixed-use parcel
of land.
16. STANDARDS OF DEVELOPMENT (See Part 4 - General Land Use Provisions)
(1) Part 4 contains land use and development standards that may be required and stipulated as a
condition of a subdivision or development approval.
(2) All development must comply with any additional standards that may be contained in an
adopted area structure plan or design scheme.
17. OFF-STREET PARKING REQUIREMENTS (See Part 4 - General Land Use Provisions)
18. USE SPECIFIC STANDARDS OF DEVELOPMENT (See Part 5 - Use Specific Provisions)
19. MOVED-IN BUILDINGS (See Part 5 - Use Specific Provisions)
20. SIGN REGULATIONS (See Part 6)
21. ALTERNATIVE / RENEWABLE ENERGY DEVELOPMENTS (See Part 7)
22. FORMS (See Appendix B)
Land Use Bylaw No. 24-007
Hamlet Public Institutional (HP/I) Part 3 | 1
HAMLET PUBLIC INSTITUTIONAL - HP/I
1.
PURPOSE
To provide the opportunity to develop a range of public and institutional uses needed to support the
agricultural community and hamlet residents, and enhance the quality of life.
2.
PERMITTED, DISCRETIONARY AND PROHIBITED USES
(1) Permitted Uses
Accessory Buildings, Structures and Uses related to an Approved Permitted Use
Cemeteries
Churches
Community or Civic Halls and Clubs
Day Care (see Part 5, Section 16)
Fire Halls / Emergency Services
Government Offices
Hospitals / Medical Offices or Clinics
Libraries
Museums
Parks, Playgrounds, and Sportsfields
Public Utilities
Schools / Educational Facilities
Senior Citizen Housing
Shipping Containers, Temporary (see Part 2 - No Permit Required and Part 5, Section 36)
Signs Type 1 (in accordance with Part 6)
Solar Collectors, Individual (roof, wall mount) (see Part 2 - No Permit Required and Part 7,
Section 2)
(2) Discretionary Uses
Accessory Buildings, Structures and Uses related to an Approved Discretionary Use
Crematorium / Funeral Home
Cultural Buildings and Facilities
Exhibition Grounds
Group Care Facility (see Part 5, Section 19)
Recreation, Minor
Private Utilities
Signs Type 2 (in accordance with Part 6)
Signs Type 3 (in accordance with Part 6)
Small Wind Energy Conversion Systems (see Part 7, Section 3)
Solar Collectors, Individual (ground mount) (see Part 7, Section 2)
Hamlet Public Institutional (HP/I) Part 3 | 2
Land Use Bylaw No. 24-007
(3) Prohibited Uses
♦ Any use which is not listed as either a Permitted or Discretionary Use, or is not ruled to be
similar to a Permitted or Discretionary Use in accordance with Part 1, Section 34, is a
Prohibited Use.
3.
MINIMUM LOT SIZE
(1) The minimum required parcel or lot size shall be:
(a) existing parcels;
(b) 0.8 ha (2 acres) of developable land or greater as reasonably required to support the
proposed use if private disposal sewage systems are used.
(2) Parcels or lots less than 0.8 ha (2 acres) in size may be considered in the following circumstances:
(a) the lots are to be connected to municipal services; or
(b) the lots are included in a municipal approved area structure plan or design scheme and the
lot area is based on an alternative or communal waste water treatment system acceptable
to the municipality. In such situations, the minimum lot area should not be less than 0.2 ha
(20,000 sq. ft.) unless special circumstances warrant a smaller size; and
(c) the Subdivision Authority or Development Authority is satisfied that the minimum setback
requirements of this bylaw can be met.
(3) The minimum required parcel or lot size must take into consideration the on-site parking
requirements of the use in accordance with the bylaw and the estimated sewage volume if
private sewage disposal systems are proposed, and the Development Authority or Subdivision
Authority may stipulate a larger minimum parcel size is required.
4.
MINIMUM YARD REQUIREMENTS
Front Yard
Side Yard
Rear Yard
Use
m
ft.
m
ft.
m
ft.
All uses
7.6
25
3.0
10
7.6
25
5.
MAXIMUM SITE COVERAGE
The principal building and ancillary buildings combined shall cover no more than 50 percent of the
total lot area.
6.
ACCESSORY BUILDINGS AND STRUCTURES
(1) An accessory building or structure shall not be located in the required setback from a public road
or on an easement.
(2) An accessory building or structure shall be setback a minimum 3.0 metres (10 ft.) from the
principal building and from all other structures on the same lot.
Land Use Bylaw No. 24-007
Hamlet Public Institutional (HP/I) Part 3 | 3
(3) Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not
an accessory building.
(4) As a condition of a permit, if a development approval is required, the Development Authority
may stipulate specific requirements for the type of foundation, fastening or tie-down system,
finish, colour, roof pitch, and materials to be applied to the accessory building or structure.
(5) The maximum height of an accessory building or structure shall be as determined suitable by
the Development Authority.
7.
LANDSCAPING, SCREENING AND LOCATION OF STORAGE
(1) Separation, or buffering, between adjacent land uses may be required, including the use of
trees, shrubs, fences, walls, and berms to buffer or screen uses of negative impact.
(2) See Part 4 - General Land Use Provisions, Section 25 for landscaping requirements.
(3) Outdoor storage is prohibited in the front yard. All loading, service, and storage areas (where
permitted), shall be located to the rear and sides of the principal building and shall be screened
from view from any public roadway other than a lane, and from adjacent sites by a wall,
landscape materials, berms, fences, or a combination of these features, to the satisfaction of
the Development Authority.
(4) Refuse or garbage shall be kept in a suitably-sized container or enclosure and shall be located in
a rear yard only. Refuse containers shall be screened from view from any public roadway other
than a lane, and from adjacent sites by a wall, landscape materials, berms, fences, or a
combination of these features, to the satisfaction of the Development Authority.
(5) The Development Authority may require that any exposed projections outside the building, such
as mechanical and electrical equipment and cooling towers, be screened from view from any
public roadway and adjacent sites if, in the opinion of the Development Authority such
projections are:
(a) inconsistent with the character and appearance of surrounding development or intended
visual qualities of this district; or
(b) are required in accordance with any area structure plan or intermunicipal development
plan policies.
8.
MIXED-USE DEVELOPMENTS
Development permit applications for mixed-use developments (buildings or parcels of land) may be
considered for approval in this district if the uses conform to the list of permitted or discretionary
uses. For specific details, the criteria and standards of development stipulated in Part 5 will apply.
Hamlet Public Institutional (HP/I) Part 3 | 4
Land Use Bylaw No. 24-007
9.
SITE PLANS
(1) The Development Authority may require a professionally prepared detailed comprehensive site
plan as part of the development permit application to illustrate existing and proposed buildings,
structures, roads and access points, setbacks, landscaping, parking, and utility easements.
(2) The Development Authority shall require professionally prepared site plan as described in
Section 9(1) as part of the development permit application, for any proposed mixed-use parcel
of land.
10. STANDARDS OF DEVELOPMENT (See Part 4 - General Land Use Provisions)
(1) Part 4 contains land use and development standards that may be required and stipulated as a
condition of a subdivision or development approval.
(2) All development must comply with any additional standards that may be contained in an
adopted area structure plan or design scheme.
11. OFF-STREET PARKING REQUIREMENTS (See Part 4 - General Land Use Provisions)
12. USE SPECIFIC STANDARDS OF DEVELOPMENT (See Part 5 - Use Specific Provisions)
13. MOVED-IN BUILDINGS (See Part 5 - Use Specific Provisions)
14. SIGN REGULATIONS (See Part 6)
15. ALTERNATIVE / RENEWABLE ENERGY DEVELOPMENTS (See Part 7)
16. FORMS (See Appendix B)
17. FEES (See Appendix C)
Land Use Bylaw No. 24-007
Hamlet Direct Control (HDC) Part 3 | 1
HAMLET DIRECT CONTROL - HDC
1.
PURPOSE
The Municipal Development Plan identified hamlets as being a valuable asset to the rural area by
providing a focal point for some economic activity. The Direct Control district allows considerable
flexibility for the location of a variety of industrial and commercial uses while protecting residential
areas of the hamlet by designating certain areas as direct control districts.
2.
PERMITTED USES
Commercial Uses considered suitable by Council
Industrial Uses considered suitable by Council
Solar Collectors, Individual
Other Uses considered suitable by Council
3.
MINIMUM LOT SIZE
As Council determines necessary, but should consider maintaining lots of:
Width
Length
Area
Use
m
ft.
m
ft.
m2
sq. ft.
Municipal sewer only
22.9
75
30.5
100
929.0 10,000
Municipal water only
30.5
100
30.5
100
1393.5 15,000
municipal water and no municipal sewer
30.5
100
30.5
100
1,858.0 20,000
4.
SUBDIVISION CRITERIA (See Part 8)
5.
Any and all other Parts of this bylaw shall be considered prior to implementation of the
subject bylaw and may include the following (as required by Council):
(1) STANDARDS OF DEVELOPMENT (See Part 4 - General Land Use Provisions)
(2) LANDSCAPING AND SCREENING (See Part 4 - General Land Use Provisions)
(3) OFF-STREET PARKING REQUIREMENTS (See Part 4 - General Land Use Provisions)
(4) WAREHOUSING AND STORAGE PERFORMANCE STANDARDS (See Part 5 - Use
Specific Provisions)
(5) MOVED-IN BUILDINGS (See Part 5 - Use Specific Provisions)
(6) SIGN REGULATIONS (See Part 6)
Hamlet Direct Control (HDC) Part 3 | 2
Land Use Bylaw No. 24-007
(7) ALTERNATIVE / RENEWABLE ENERGY DEVELOPMENTS (See Part 7)
Land Use Bylaw No. 24-007
Hamlet Transitional/Agricultural (HT/A) Part 3 | 1
HAMLET TRANSITIONAL / AGRICULTURAL -
HT/A
1.
PURPOSE
To maintain larger parcels of land within hamlets in extensive agricultural use until the land is
required for an appropriate urban use. Subdivision and development may be limited in this district
to prevent fragmentation.
2.
PERMITTED, DISCRETIONARY AND PROHIBITED USES
(1) Permitted Uses
Accessory Buildings, Structures and Uses to an Approved Permitted Use
Agricultural Buildings and Structures (see Part 2 - No permit required)
Bed and Breakfasts (see Part 5, Section 9)
Day Homes (see Part 2 - No permit required and Part 5, Section 17)
Dwellings:
Single-detached Site-built
Single-detached Moved-In Residence
Single-detached Manufactured Homes 1 (see Part 5, Section 24)
Single-detached Manufactured Home 2 (see Part 5, Section 24)
Single-detached Ready-to-move (see Part 5, Section 24)
Extensive Agriculture (see Part 2 - No permit required)
Home Occupations 1 (see Part 5, Section 22)
Secondary Suites (contained within a single-detached dwelling) (see Part 5, Section 34)
Secondary Suites (detached garage) (see Part 5)
Shipping Containers, Temporary (see Part 2 - No Permit Required and Part 5, Section 36)
Signs Type 1 (in accordance with Part 6)
Solar Collectors, Individual (roof, wall mount) (see Part 2 - No Permit Required and Part 7,
Section 2)
(2) Discretionary Uses
Accessory Buildings, Structures and Uses to an Approved Discretionary Use
Home Occupations 2 and 3 (see Part 5, Section 22)
Public Utility Structures
Small Wind Energy Conversion Systems (see Part 7, Section 3)
Solar Collectors, Individual (ground mount) (see Part 7, Section 2)
(3) Prohibited Uses
Confined Feeding Operations
Stripping and Sale of Topsoil
Hamlet Transitional/Agricultural (HT/A) Part 3 | 2
Land Use Bylaw No. 24-007
♦ Any use which is not listed as either a Permitted or Discretionary Use, or is not ruled to be
similar to a Permitted or Discretionary Use in accordance with Part 1, Section 34, is a
Prohibited Use.
3.
MINIMUM LOT SIZE
(1) Existing parcels of land; or
(2) A minimum of 4.0 ha (10 acres) in area.
4.
MINIMUM YARD REQUIREMENTS
As required by the Development Authority.
5.
DEVELOPMENT REQUIREMENTS
(1) The Development Authority may require special standards such as, but not limited to, access,
siting, and servicing in order to ensure the compatibility of any proposed development with
potential or existing adjacent development.
(b) No large-scale subdivision or development within this district shall be approved prior to a
reclassification of land to a more appropriate district.
6.
MINIMUM SETBACKS FROM ROADWAYS
(1) No part of a building, structure or development shall be located within:
(a) 38.1 metres (125 ft.) of the centre line of any public roadway which is not designated as a
provincial highway under the Highways Development Protection Regulation, unless
authorized by the Development Authority;
(b) 70.0 metres (230 ft.) of the centre line or 40.0 metres (131 ft.) from the right-of-way
boundary, whichever is greater, of roads designated as provincial highways under the
Highways Development Protection Regulation;
(c) for any development adjacent to provincial roadways classified as a four-lane divided
highway or freeways/expressways, the required setback distances and accesses will be
reviewed on a highway-by-highway/development-by-development basis and shall be as
prescribed by Alberta Transportation;
(d) any greater distance that may be required by the Development Authority in order to
facilitate future road widening, service road dedication, to reduce potential snow drifting,
or vision restrictions.
(2) Where any parcel or part of a parcel has frontage on a provincial highway, special standards for
setbacks, access, and service roadways may be required by Alberta Transportation under the
Highways Development Protection Regulation.
Land Use Bylaw No. 24-007
Hamlet Transitional/Agricultural (HT/A) Part 3 | 3
(3) Landscaping and dugout setbacks shall be at the discretion of the Development Authority having
consideration for future road widening and possible adverse effects on the safety of the
roadway.
7.
STANDARDS OF DEVELOPMENT (See Part 4 - General Land Use Provisions)
Part 4 contains land use and development standards that may be required and stipulated as a
condition of a subdivision or development approval.
8.
ALTERNATIVE / RENEWABLE ENERGY DEVELOPMENTS (See Part 7)
9.
SUBDIVISION CRITERIA (See Part 8)
Land Use Bylaw No. 24-007
Direct Control (DC) Part 3 | 1
DIRECT CONTROL - DC
1.
PURPOSE
To provide a means whereby Council may regulate and control the use and development of land or
buildings within a specific area of the municipality where the circumstances relating to the
development of a site are such that regulation and control by use of the other land use districts in
this bylaw is inadequate considering long-range planning goals and the greater public interest.
2.
USES
Council may by bylaw, specify permitted and/or discretionary uses and/or any prohibited uses.
3.
APPROVAL PROCEDURE
(1) Before Council considers an application for a use or development in the Direct Control district,
it shall:
(a) cause a Notice to be issued by the Development Authority in accordance with Part 1 -
Administrative, Section 36 of this bylaw;
(b) ensure that the notice contains the date and time that Council will hear the application for
waivers of development standards.
(c) hear any person that claims to be affected by the decision on the application.
(2) Council may then approve the application with or without conditions or refuse the application.
(3) Subsequent to a decision, notification shall be displayed/posted in the County Office and mailed
to the applicant.
(4) In addition to Section 3(3), where the Development Authority has been delegated the authority
to decide upon applications for permitted uses and has done so, then immediately upon
issuance of the development permit the Development Authority shall cause a notice to be
published in a newspaper circulating in the area stating the location of the property for which
the application has been made and the use approved.
4.
DELEGATION OF AUTHORITY
(1) The Development Authority, in accordance with Section 10 of the Land Use Bylaw and pursuant
to section 641(3) of the Municipal Government Act, is Council.
(2) Council may delegate the authority to decide upon an application for permitted, discretionary,
or uses involving waivers to the Development Authority as described in the adopting Direct
Control bylaw.
Direct Control (DC) Part 3 | 2
Land Use Bylaw No. 24-007
5.
APPEAL PROCEDURE
(a) Pursuant to Part 1 - Administrative, Section 36 and Section 641(4)(a) of the Municipal
Government Act, if a decision with respect to a development permit application is made by
Council, there is no appeal to the Subdivision and Development Appeal Board.
(b) If a decision with respect to a development permit application is made by the Development
Authority, then the appeal to the Subdivision and Development Appeal Board shall be limited to
whether the Development Authority followed the instructions properly as delegated by Council.
6.
MINIMUM LOT SIZE, SETBACKS, LOT COVERAGE AND BUILDING HEIGHT
As required by Council.
7.
ACCESSORY BUILDINGS AND STRUCTURES SETBACKS AND STANDARDS
As required by Council.
8.
Any and all other Parts shall be considered prior to implementation of the subject bylaw
and may include the following (as required by Council):
(1) STANDARDS OF DEVELOPMENT (See Part 4 - General Land Use Provisions)
(2) LANDSCAPING AND SCREENING (See Part 4 - General Land Use Provisions)
(3) OFF-STREET PARKING REQUIREMENTS (See Part 4 - General Land Use Provisions)
(4) WAREHOUSING AND STORAGE PERFORMANCE STANDARDS (See Part 5 - Use
Specific Provisions)
(5) MOVED-IN BUILDINGS (See Part 5 - Use Specific Provisions)
(6) SIGN REGULATIONS (See Part 6)
(7) ALTERNATIVE / RENEWABLE ENERGY DEVELOPMENTS (See Part 7)
(8) SUBDIVISION CRITERIA (See Part 8)
Land Use Bylaw No. 24-007
Direct Control (DC) Part 3 | 3
DIRECT CONTROL DISTRICTS AND ADOPTING BYLAWS
(1) Any parcel designated as Direct Control or Hamlet Direct Control as illustrated on the Maps in Part
10, Land Use Districts Maps, is designated for that purpose.
(2) Where a parcel has been designated to Direct Control prior to this Land Use Bylaw coming into effect
and is included in the list below, the standards or regulations approved by Council at that time of
such designation to the Direct Control land use district shall continue to apply.
(a) Direct Control items No. 1 - 4 were adopted as amendments to Land Use Bylaw No. 1211, and
items No. 4 - 15 were adopted as amendments to Land Use Bylaw No. 1404, and for continuity
are adopted as part of this bylaw and remain in full force unless otherwise amended or repealed.
The amending bylaws follow this section.
No.
BYLAW
NO.
LEGAL DESCRIPTION
DATE OF
ADOPTION
1.
1246
Lot 18, Block 15, Plan 8210515 in the Hamlet of
Monarch
September 18,
2003
2.
1372
The most southerly 20 acres of a portion of the
SW¼ 10-9-21-W4
October 6, 2011
3.
1389
SW¼ 4-10-21-W4, SE¼ 4-10-21-W4, NE¼ 4-10-21-W4
November 2, 2012
4.
1397
The northwesterly 10 acres of a portion of the
NE¼ 33-7-20-W4
August 1, 2013
(3) The following is a reference list of redesignation bylaws adopted by County Council which designated
the specified parcels of land to a Direct Control - DC land use district. This list will be updated on an
ongoing basis and displays the amending bylaws to the most recent date of the Land Use Bylaw being
consolidated (updated). The amending bylaws follow this section.
No.
BYLAW
NO.
LEGAL DESCRIPTION
DATE OF
ADOPTION
5.
1456
Portion of Lot 2, Block 2, Plan 0210532
August 18, 2016
6.
1502
Lots 2 and 3, Block 1, Plan 1012612
June 15, 2017
7.
17-003
Lot 7, Block 1, Plan 8811143
September 21,
2017
8.
17-007
Portion of Lot 2, Block 1, Plan 9211866 in SE 17-9-20-
W4
November 20, 2017
Direct Control (DC) Part 3 | 4
Land Use Bylaw No. 24-007
No.
BYLAW
NO.
LEGAL DESCRIPTION
DATE OF ADOPTION
9.
18-018
Lots 2 and 3, Block 1, Plan 1012612
September 6, 2018
10.
19-004
North half of SE 2-9-21-W4
April 4, 2019
11.
18-029
Portion of Lot 1, Block 1, Plan 1611965 in NW 19-10-
22-W4
September 5, 2019
12.
19-031
S½ of NW 7-10-19-W4
September 19, 2019
13.
19-032
Portion of the N½ of SE 12-10-20-W4
September 19, 2019
14.
20-014
Lot 2, Block 4, Plan 9610161 in the NW 34-10-21-W4
August 6, 2020
15.
21-018
Lot 1, Block 1, Plan 171 1672 within the SE 15-10-22
W4M
December 6, 2021
16.
24-010
Portion of SE 3-9-20-W4M
July 18, 2024
17.
23-022
Portion of SE 1-9-21-W4M
August 1, 2024
18.
24-012
Lot 2, Block 1, Plan 1410983 within he NE 33-7-20-
W4M
August 1, 2024
19.
25-010
Portion of SW 30-8-22-W4M, Portion of NW 30-8-22-
W4M, and Portion of NE 25-8-23-W4M
May 1, 2025
20.
25-020
Plan 1311166, Block 2, Lot 1
September 18, 2025
21.
25-023
Plan 9910323, Block 1, Lot 2
December 18, 2025
22.
25-025
Descriptive Plan 9312230, Block 1, Lot 1
January 15, 2026
23.
25-027
Portion of SE 1-9-21-W4M
January 15, 2026
t!
LETHBRIDGE COUNTY
IN THE PROVINCE OF ALBERTA
BYLAW NO. 17.003
Bylaw 17-003 of Lethbridge County being a Bylaw for the purpose of amending
Land Use Bylaw 1404, in accordance with Sections 230, 606 and 6g2 of the
Municipal Govemment Act, R.S.A. 2000, Chapter lr&26.
WHEREAS the purpose of Bylaw 17-003 is to redesignate Plan 8811143 Btock
1 Lot 7, containing approximately 3.17 hectares (7.8 acres), from Grouped
Country Residential (c.C.R.) to Direct Control (D.C.);
(As shown in Schedule'A')
AND WHEREAS the purpose of proposed Bylaw 17-003 is to establish the uses
and regulations for a Direct Control district pertaining to the aforementioned land
and are as described in Schedule "B" attached hereto;
AND WHERFAS policies in the Municipal Development Plan Bylaw No 1331
refer to the Direct Control Designation being used by Council to regulate land
use;
AND WHEREAS once an application has been submitted the municipality must
ptepare an amending bylaw and provide for its notification and consideration at a
public hearing;
NOW THEREFORE, under the authority of the Municipal Government Acl,
R.S.A. 2000, C-26, as amended, the Council of Lethbridge County in the
Province of Alberta duly assembled does hereby enact the following:
Bylaur# 17-003
t Trr..itrnalll{l
f7l
Arce proposcd fr ruzoning
LJJ
from Gmupcd Cornty Rasidcntel
to Dirct Control (BC)
-
$
t{E 3-10-234
UJ
&
NW 2-t 0-23-l
tot I .Bloct I
PL.n 9at2Gi:l
flial
cai
(lio'
G
i
I
i
tot 6 .Bloct 2
Pten 06t0t73
I
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X:\Execuhve Frles\l15By'auo\2017 By,larw\8ylaw 17{03 - Calvrn Chnstran School - Amendment to LUB.doc
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\
--\-
1. The uses and regulations for the Direct Control District shall be as
described in Schedule uB" attached hereto and be applied to the lands
described above and identified on the above map.
2. Bylaw No 1404 - The Land Use Bylaw of Lethbridge County is hereby
amended.
3. The Bylaw shall come into effect upon third and final reading hereof.
GIVEN first reading this 17tr. day of
2017
GIVEN second reading this
*sirnr nol_t d
Jl'+ day
20E
20 17
of
t#y
GIVEN third readins this llSl
day of
Ad mi nistrative Officer
Administrative Officer
Notes:
Public
Second
X;\Executive Files\l 15Bylawst201 7 Bylaua\By'ar
1 7{03 - Calvrn OmsUan School - Amendrnent to LUB.doc
t-
#
g-?
u.*"fi
ii
ii
ii
Bylaw 17-003
Schedule "B"
1. Purpose
To provide a means whereby Council may regulate and control the use and
development on a site specific basis for the following lands:
Plan 881 1 143 Block 1 Lot 7 within SW 3-10-23-W4 consisting of 3.17 hectares
(7 .84 acres)
For the specific purposes of allowing further additions or accessory uses to the
existing institutional operations of Calvin Ghristian School located on Plan
0610872 Block 2 Lot 6 in SW 3-10-23-W4
2. Uses
Discretionary Uses - Type A
o Accessory Buildings/Structures to an approved permitted use
. Dwelling:
o Single-detached Site Built
o Single-detached Manufactured Home 1
o Single-detached Ready-to-Move
. Home Occupation 1
. Outdoor Storage related to the principle institutional/Education Use
. Vehicle Parking
. Playfields/Playgrounds
Discretionary Uses - Type B
. Accessory Buildings/Structures to an approved discretionary use
o lnstitutional / Educational Buildings
. Office Administration
3. 9efinitions
"Accessory Buildings/ Structure" means a building or structure that is incidental
or subordinate to and customarily found in connection with a primary structure
use, located on the same lot as the principle building or use but does not include
a building or structure for human habitation
"lnstitutional/Educational Building" means a building for housing a school or
school related activities
'Outdoor Storage" means the open storage of goods, merchandize, materials or
equiprnent outside a building
'Vehicle Parking" means an outside area designated or reserved on a parcel or
lot for the explicit purpose of parking and storing vehicles associated with an
approved institutional type land use on the same or associated parcel of lands
"Office Administration Building" means a building or office space on-site for the
coordination of all business activities on the premises and acts to serve the
professional, managerial or administrative needs of Calvin Christian School
4. Minimum Lot Size
The minimum lot size shall be 3.17 hectares (7.84 acres)
5. Minim,um Setback Rgquirem.ents
o Side and Rear Yard Setbacks - 6.1 metres (20 feet)
o Setback to Range Road 23-2 - 22S metres (75 feet)
. Setback to Township Road 10-0A (Westview Road) - 38.1 metres (125
feet)
.
Outdoor parking areas and fencing may be permitted to project into the
required side and rear yard setback, with fencing allowed on the side and
rear property lines
o Fencing along the road sides shall conform to Part 3 of the Lethbridge
County Land Use Bylaw
X:\ExeanUve Files\l'lSBylaus\2O'|7 Bylawstsylaw 17{03 - Calvtn Chrlsttan School - Amendment to LUB.doc
6. Maximum Site Coverage
The Maximum site coverage for all principal and accessory buildings combined is
40 percent.
7. Agcessorv Buildinqg.?nd Structures
a) Accessory buildings or structures shall not be located within a required
setback as identified in section 5 or on an easement
b) An accessory building or structure shall only be constructed after or in
conjunction with an approved principal use or building on the parcel.
8. General Standards of Development
At the discretion of Council or the Development Officer acting as the
Development Authority having regarding for Part 3 of the Lethbridge County
Land Use Bylaw
9. Sion Reoulations
All signage shall conform to Part 5 of the Lethbridge County Land Use Bylaw.
10.@
a) All finished lot grading shall be constructed and maintained to the
satisfaction of Lethbridge County and shall be in accordance with the
Engineering Guidelines and Minimum Servicing Standards.
b) Approaches and driveway access shall be in accordance with the
Engineering Guidelines and Minimum Servicing Standards or as
otherwise stipulated by Council.
c) Any additional Standards as required by Council or the Development
Officer acting as the Development Authority.
11. Other Requirements
a) Site, Layout, and Grading Plan - that shows the property dimensions,
building locations, student parking area, outdoor storage areas, employee
parking areas, and utility easements and servicing areas, including the
septic field location and any dugouts or storm ponds.
b) Landscaping Plan - that shows landscaping and fencing (height and type)
on the property.
c) Refuse or garbage shall be kept in a suitably sized container or
enclosure, effectively screened and the refuse containers shall be located
in a rear yard only.
d) Servicing - the developer shall be responsible for ensuring all required
servicing is provided to the development, including potable water and
private septic. lf an on-site private septic treatment systern is used to
handle sewage disposal, then the system and field must be installed by a
certified installer licensed with the provincial department of Municipal
Affairs.
i. Parking and storage or prohibited from being located over any of
the septic systern including the disposal field area.
12. Slrbdivision
a) No additional subdivision of lands contained within this bylaw shall be
permitted.
b) Council, acting in the capacity of the Subdivision Authority, shall make
decisions on subdivision applications.
13. Delqsation of Authoritv
a) The Development Officer, in accordance with Part 1 Section 35 of the
Land Use Bylaw under the direction of County Council, shall act as the
Development Authority and receive and decide upon development permit
applications for Discretionary Uses - Type A provided they conform to
the standards of this Bylaw.
b) Council shall be the Development Authority to decide on developrnent
permit applications for Discretionary Uses - Type B or applications for
wavier of development standards.
X:\Executive Files\ll5Bylavs\2017 Eylaur\By'aw 17{03 - Calvin Chdstan Sdod - Amendment to LUB.doc
ll
ll
14. Approval Procedure
a) Where the Development Officer, as the Development Authority, has been
delegated the authority to decide upon development permit applications
for Discretionary Uses - Type A and has done so, then immediately upon
issuance of the development permit the Development Officer shall cause
a notice to be published in a newspaper circulating in the area stating the
location of the property for which the application has been made and the
use approved.
b) Before consideration of a permit application for a discretionary use or a
development requiring waivers on the subject property, Council shall:
i. Cause a notice to be issued by the designated officer to any
person likely to be effective.
ii. Ensure that the notice contains the date and time that Counci! will
hear the application for discretionary uses or application for
waivers of development standards.
iii. Here any persons that claims to be affected by the decision on the
application.
c) Council may then approve the development application with or without
conditions or refuse the application with reasons.
d) Where county has made the decision on a development permit
application, the Development Officer acting on behalf of Council, shall
cause a notice of the decision to be issued to the applicant and post a
copy of the decision in the lobby of the County Office and on the County's
website.
e) When applicable, Council should seek comments from other agencies
such as the planning advisor, regional health authority, Alberta
Transportation or any applicable provincial govemment department.
15. Appeal Procedure
a) Pursuant to Section 641(4Xa) of the Municipal Government Act, if a
decision with respect to a development permit is made by Council, there
is no right to appeal to the Subdivision and Development Appeal Board.
b) lf the development Officer has been delegated the authority to decide
upon development permit applications as the Development Authority,
then an appeal to the Subdivision and Development Appeal Board is
limited to whether the Development Officer followed the directions of
Council.
X:\Executive Fil€s\115Bylaws\2017 Bylaws\Bylaw 17{03 - Cdvrn Chflstran School - Amendment to LUB.doc
LETHBRIDGE COUNTY
IN THE PROVINCE OF ALBERTA
BY-I-^AW NO. 1g-019
Bylaw 18-018 of Lethbridge County being a ByJaw for the purpose of amending
Land Use By-law 1404, in accordance with Sections 230, 606 and 692 of the
Municipal Government Act, R.S.A. 2000, Chapter M-26.
WHEREAS the purpose of Bylaw 18-018 is to re-designate Plan 1012612, Block
1, Lots 2 and 3, containing approximately 8.84 acres, from Direct Control (D.C.)
to Direct Control (D.C.);
HWY 5r2
no,rect
contol (DC) to Drec{ controt (DC)
$
i+ytf
-Laril
0
tr
lx.
AND WHEREAS the purpose of proposed Bylaw 18-018 is to establish the uses
and regulations for a Direct Control district pertaining to the aforementioned land
and are as described in Schedule "B' attached hereto;
AND WHEREAS policies in the Municipal Development Plan Bylaw No 1331
refer to the Direct Control Designation being used by Council to regulate land
use;
AND WHEREAS once an application has been submitted the municipality must
prepare an amending bylaw and provide for its notification and consideration at a
public hearing;
NOW THEREFORE, under the authority of the Municipal Govemment Act,
R.S.A. 2000, C-26, as amended, the Council of Lethbridge County in the
Province of Alberta duly assembled does hereby enact the following:
1. The uses and regulations for the Direct Control District shall be as described
in Schedule "B" attrached hereto and be applied to the lands described above
and identified on the above map.
L-
N
Notr
u,
c,
G,
2. Bylaw No 1404 - The Land Use Bylaw of Lethbridge County is hereby
amended.
3. Bylaw 1502, the former Direct Control Bylaw, is hereby repealed.
4. The Bylaw shallcome into effect upon third and final reading hereof.
GIVEN first reading this 2nd day of August,
GIVEN second reading this /-.-lJa day of
18.
Chief Adrni nistrative Officer
Chief Administrative
20I8
20lq.
GIVEN third reading this [-{4
day of
Ptrtoli. I[eqri 1j- 5e+* tl Por B
,'Ljil
Officer
1"'Readinq
L<to :l-, [J"orP
2"o Readinq
.5alA b'{^ ao?
3'o Readino
'-tL [.rrrr
SCHEDULE B
DIRECT GONTROL
1. PURPOSE
To provide a means whereby Council may regutate and control the use,
development, or subdivision on a site specific basis the following lands:
Lot 2 and 3 Block 1 Plan 1012612in SW 2-9-21-W4
For the specific purposes of securing long term viability for the Norland
Estates Heritage Site by providing,
2. PERMITTED USES
Accessory Buildings/Structures to the listed Permitted Uses
Ad rni nistration/Office Bu ild i ng
Events Tent (to be removed no Iater than September 2019)
Single Detached Residence with Events Ballroom
Free Standing Signage
DISCRETIONARY USES
Accessory Buildings/Structures to the listed Discretionary Uses
Food Prep Kitchen
3. DEFINITIONS
Accessory buildings/structures mean a building or structure that is
identical or subordinate to and customarily found in connection with a
primary structure or use, located on the same lot as the principal building
or use, but does not include a building or structure for human habitation.
Office Administration Building means a building or office space on-site
that can be used for the managerial, administrative purposes of the
primary or principal business activities on the premises, and/or to provide
an income stream to the property owner by renting entities such as
professionals, medical/wellness, technical, and events support
businesses, ie. photography studio, wedding apparel shop, esthetics,
salon, d6cor.
Sign(s) means any device (including but not limited to lefters, words,
numerals, figures, emblems, pictures, or any part or @mbination) used for
visual @mmunication intended to attract the attention of the public and
visible to the contiguous public right-of-way and streets. Free Standing
Signs are as outlined in the Land Use Bylaw No. 1404.
Residence means residence to be used as B&B/Lodging, personal or
caretaker residence, and support space for primary or principal business
on the premises.
Events Ballroom means the ballroom contiguous to and on the west side
of the historic residence used for event for up to 300 people, depending
on the activity/event.
Events Tent means a seasonal tent erected within the property
boundaries. Existing seasonal tent will be perrnanently removed no later
than the end of September 2019. Until such time as the seasonal tent is
permanently removed, the use of the seasonal tent and events ballroom
will be limited to one event and not exceeding the allowable occupant load
of 300 people based on current plumbing fixtures and parking counts.
AII other words or terms have the same meaning as what is specified in
the Land Use Bylaw.
4. M|N|MUM LOT SIZE
The minimum lot size shall be 2.01 acres or.814 hectares. Direct Control
applies to both lots:
6.83 acres - Lot 3 Block 1 Plan 101 2612
2.01 acres - Lot 2 Block 1 101 2612
5. MINIMUM YARD SETBACK REQUTREMENTS
Side Yard (east of property)
o 25' qr 7.62 meters
Side Yard (Range Road 212)
. 125' or 38.1_meters for permanent structures
Rear Yard (north of property)
o 20'or.6.096 meters
Front Yard (Highway 512)
2 230'or 70 meters from the centerline of HWY 512
Outdoor parking areas and fencing may be permitted to project into the
required side and rear yard setbacks, with fencing allowed at or close to
the property line.
6. ACCESSORY BUILDINGS AND STRUCTURES
a.Any new or additional accessory buildings or structures shall not be
located in the required setback from a public road or an easement.
At present, there is a pump house providing irrigation service
entrance for St. Mary's lrrigation District in UROW Plan 101 2613.
b.An accessory building or structure shall be setback a minimum 4.0
meters (13'-1 .5") from the principal buildings and from all other
structures on the same lot.
c. An accessory building or structure shall only be constructed after or
in conjunction with an approved principal use or building on the
parcel.
7. GENERAL STANDARDS OF DEVELOPMENT
At the discretion of Council or the Development Officer acting as the
Development Authority having regard for the Land Use Bylaw.
8. SIGN REGULATIONS
a.As per the Lethbridge County Land Use Bylaw
9. OTHER STANDARDS
a.All storm water shall be retained on site to predevelopment levels. At
the subdivision or Development Permit stage, a Storm Water
Management Plan by a certified professional engineer shall be
submitted.
b.All finished lot grading shall be constructed and maintained to the
satisfaction of the County of Lethbridge and shall be in accordance
with the Engineering Guidelines and Minimum Servicing Standards.
c.Approaches and driveway access shall be maintained in the existing
pre-approved cond ition.
d. Parking for the parcel will be as per the submitted site plan.
e.Any additional standards as required by Council or the Development
Officer.
10. oTHER REqUTREMENTS
a.Site, Layout, and Grading Plan - that shows the property
dimensions, building locations, parking areas, and utility easements
and servicing areas, including the septic field location, and
dugouts/storm ponds.
b. Landscaping Plan - that shows front yard landscaping and fencing
(height and type) on the property, ES well as an aerial photograph
to help clarify the historic garden. The conceptual design of the
historic garden shall be maintained.
c. Refuse or solid waste shall be kept in a suitability sized container or
enclosure, and the refuse containers shall be located in a rear yard
only, as per the existing plan.
d.Servicing - the developer shall be responsible for ensuring all
required servicing is provided to the development, including potable
water and private septic. City of Lethbridge potable water is
presently on site through the South Sunnyside Water Users
Association, and the existing septic treatment system is to the
standards of the Provincial Department of Municipal Affairs.
i. Parking and storage areas are prohibited from being located
over any of the septic system, including the disposal field
area.
e. Development Agreement - As a condition of a subdivision or
Development Permit approval, the applicant may be required to
enter into a Development Agreement with the County of
Lethbridge, in accordance with Sections 37 and 38 of the Land Use
Bylaw.
1 1. SUB_P!V!SrON
Council, acting in the capacity of the Subdivision Authority, shall make
decisions on any future subdivision applications.
12. DELEGATION OF AUTHORITY
a. Council shall be the Development Authority to decide on
Development Permit Applications for discretionary uses or
application for waivers of development standards. Council may also
decide on Development Permit Applications for permitted uses.
b.The Development Otficer, in accordance with Section 9 of the Land
Use Bylaw, and pursuant to Section 641 (3) of the Municipal
Government Act, ffiay, with the direction of Council, act as the
Development Authority and receive and decide upon Development
Permit Applications for permitted uses, provided they confirm to the
standards of the Bylaw.
1 3. AP P ROVAT, -P ROqF.p. _U R-E
a.Where the Development Officer, ?s the Development Authority has
been delegated, the Authority to decide upon Development Permit
Applications, for permitted uses and has done so, then immediately
upon issuance of the Development Permit, the Development
Officer shall cause a notice to be published in a newspaper
circulating in the area stating the location of the property for which
the Application has been made and the Use approved.
b. Before consideration of a Permit Application for Developing requiring
waivers on the subject propeff, Council shall:
i. Cause a notice to be issued by the designated officer to any
person likely to be affected.
ii. Ensure that the notice contains the date and time that
Council will hear the Application for Discretionary Uses or
Application for waivers of development standards.
iii. Hear any persons that claims to be affected by the decision
on the Application.
c. Council may then approve the Development Application with or
without conditions or refuse the Application with reasons.
d.Where Council has made the decision on a Development Permit
Application, the Development Otficer acting on behalf of Council,
shall cause a notice of the decision to be issued to the applicant
and post a copy of the decision in the lobby of the County Office.
e.When applicable, Council should seek comments from other
agencies such as the Planning Advisor, Regional Health Authority,
Alberta Transportation, or any applicable Provincial Government
department.
14.APPEAL PROCEDURE
a. Pursuant to Section 641 (4Xa) of the Municipal Government Act, if a
decision with respect to a Development Permit Application is made
by Council, there is no appeal to the Subdivision and Development
Appeal Board.
b.lf the Development Otficer has been delegated, the Authority to
decide upon Development Permit Applications as the Development
Authority, then the appeal to the Subdivlsion Appeal Board is
limited to whether the Development Otficer followed the directions
of Council.
SE3-9-20-4
NE3-9-20-4
-4
0-4
NE34 8 20 4
0 4
3
Area of Rezoning - Rural Urban Fringe to Direct Control
HWY 512
HWY 845
Bylaw 24-010
LETHBRIDGE
COUNTY
IN THE PROVINCE OF ALBERTA
BYLAW NO. 25-020
By aw No. 25-020 of Lethbridge
County being
a by aw for the purpose of amending Land
Use Bylaw 24-007, in accordance with Sections 230, 606 and 692 of the Municipa
Government
Act, R.S.A. 2000, Chapter M-26 as amended.
WHEREAS
the purpose
of By aw No. 25-020 is to re-designate an approximate 8.29 acre
portion of atite
ega
y described
as P an" 3°°
66, B ock 2, Lot"
in the NE% 23-9-20-W4M
containing
0.57 ha ( 26.*°
acre) more or ess' from " Urban Fringe -
UF" to " Direct Contro
DC" as shown be ow;
Bylaw 25-020: Urban Fringe (UF) to Direct Control ( DC)
N
Plan 1311166; Block 2; Lot 1;( NE 23-9-20-W4M) Approx 8.29 Acres
A
Located in Lethbridge
County, AB
Bylaw 25-020- Urban Fringe to Direct Control
BRIDGECOUNTY
AND WHEREAS
the re-designation
of the
ands
is for the purpose
of a owing
an existing
excavating company to be ocated on the site and the designation wi
a ow for
and uses
as prescribed
in Direct
Contro
By aw No. 25-020;
AND WHEREAS
the further
purpose
of Bylaw
No. 25-020 is to estab ish the uses, process
and regu ations for a Direct
Contro
district pertaining
to the aforementioned
and and as
described in Schedule " A" attached hereto;
AND
WHEREAS
the
municipa
ity must prepare
an amending
by aw
and
provide
for
its
notification
and consideration at a pub ic hearing;
NOW THEREFORE,
under
the authority
of the Municipa
Government Act, R.S.A. 2000,
C- 26,
as amended,
the Counci
of Lethbridge
County in the Province of A berta du y assemb ed
does
hereby
enact the
fo
owing,
wth
the
byaw
ony
coming ' nto effect
upon
three
successfu
reading
thereof;
To redes gnate an approximate 8.29 acre
portion
of a tite egal y described
as P an
3°°°* 66, B ock 2, Lot" inthe NE% 23-9-20-W4M contain ng
2."
4ha ( 30 Acres) more
or ess' from Urban
Fr' nge to Direct Contro
from " Urban Fringe -
UF" to " Direct Contro
DC" as shown on the map.
2.
Toadoptthe
Direct Contro
district and ' ts regu ations
pertaining
to the aforementioned
and and as described
in Schedu e " A".
3.
ByawNo. 24-007, being the municipa
Land Use By aw, is hereby
amended.
4.
Theland
use distrct map sha
be amended
to ref ect this change.
G VEN first reading this " 4" day of August 2025,i
Reeve WY \
G VEN second reading this
day of Se@temes)
2028
ative Officer
Schedule 'A'
DIRECT CONTROL BYLAW NO. 25-020
1.
PURPOSE
To provide a means whereby Council may regulate and control the use and development
on a site specific basis for the following lands:
A portion of Plan 1311166 Block 2 Lot 1 in NE 23-9-20-W4 (title comprised of 10.57 ha
(26.11 acres) in total) with the DC area consisting of approximately 3.35 ha (8.29
acres) as shown in Map 1.
For the specific purposes of allowing an excavating business and/or transportation
dispatch/depot business to operate on said lands.
2.
PERMITTED USES
-
Accessory Buildings/Structures to an approved permitted use
-
Equipment Repair and Service related to the primary business
-
Signs
-
Office
-
Outdoor Storage
-
Stockpiles
-
Truck Transportation Dispatch/Depot
-
Excavating Business
-
Accessory Buildings/Structures to an approved discretionary use
-
Indoor Warehousing and Storage
DISCRETIONARY USES
-
Any light industrial uses not prescribed as permitted are at the discretion of County
Council
3.
DEFINITIONS
All other words or terms have the same meaning as what is specified in the Land Use Bylaw.
4.
MINIMUM YARD SETBACK REQUIREMENTS (Buildings)
No part of a building, structure or development shall be located within:
-
Side Yard 6.1 metres (20 feet)
-
Rear Yard 6.1 metres (20 feet)
5.
MINIMUM SETBACK FROM ROADWAY
No part of a building, structure or development shall be located within 38.1 metres (125
feet) of the centre line of the public roadway.
6.
ACCESSORY BUILDINGS AND STRUCTURES
-
An accessory buildings or structures shall not be located in the required setback
from a public road or an easement.
-
An accessory building or structure shall be setback a minimum 3.0 metres (10 feet)
from the principle building and from all other structures on the same lot.
-
An accessory building or structure shall only be constructed after or in conjunction
with an approved principle use or building on the parcel.
7.
GENERAL STANDARDS OF DEVELOPMENT
At the discretion of Council or the Development Officer acting as the Development
Authority having regard for the Lethbridge County Land Use Bylaw.
8.
SIGN REGULATIONS
As per the Lethbridge County Land Use Bylaw.
9.
OTHER STANDARDS
-
All storm water shall be retained on-site to predevelopment levels. At the
subdivision or development permit stage a storm water management plan certified
by a professional engineer may be required by Lethbridge County.
-
All finished lot grading shall be constructed and maintained to the satisfaction of
the Lethbridge County and shall be in accordance with the Engineering Guidelines
and Minimum Servicing Standards.
-
Approaches and driveway access shall be in accordance with the Lethbridge County
Engineering Guidelines and Minimum Servicing Standards or as otherwise
stipulated by Council.
-
Any additional standards as required by County Council or the Development Officer.
10. OTHER REQUIREMENTS
-
Site, Layout, and Grading Plan - that shows the property dimensions, buildinge
locations, parking areas, outdoor storage areas, employee parking areas, and utilitye
easements and servicing areas, including the septic field location and any dugoutse
or storm ponds.
-
Refuse or garbage shall be kept in a suitably sized container or enclosure, effectivelye
screened, and the refuse containers shall be located in a rear yard only.
-
Servicing
o
the developer shall be responsible for ensuring all required servicing ise
provided to the development, including potable water and private septic. Ife
an on-site private septic treatment system is used to handle sewagee
disposal, then the system and field must be installed by a certified installere
licensed with the provincial department of Municipal Affairs.
-
Development Agreement - as a condition of a subdivision or development permite
approval the applicant may be required to enter into a Development Agreement withe
Lethbridge County, in accordance with the Land Use Bylaw.
11. SUBDIVISION
Council, acting in the capacity of the Subdivision Authority, shall make decisions on any
future subdivision applications.
12. DELEGATION OF AUTHORITY
-
County Council shall be the Development Authority to decide on development
permit applications for discretionary uses or application for waivers of development
standards. Council may also decide on development permit applications for
permitted uses.
-
The Development Officer, in accordance with the Land Use Bylaw and pursuant to
Section 641 (3) of the Municipal Government Act may, with the direction of Council,
act as the Development Authority and receive and decide upon development permit
applications for permitted uses provided, they conform to the standards of this
bylaw.
13. APPROVAL PROCEDURE
-
Where the Development Officer as the Development Authority has been delegated
the authority to decide upon development permit applications for permitted uses
and has done so, then immediately upon issuance of the development permit the
Development Officer shall cause a notice to be published in a newspaper circulating
in the area stating the location of the property for which the application has been
made and the use approved.
-
Before consideration of a permit application for development requiring waivers on
the subject property, Council shall:
o
Cause a notice to be issued by the designated officer to any person likely to
be affected.
o
Ensure that the notice contains the date and time that Council will hear the
application for discretionary uses or application for waivers of development
standards.
o
Here any persons that claims to be affected by the decision on the
application.
-
Council may then approve the development application with or without conditions
or refuse the application with reasons.
-
Where Council has decided on a development permit application, the Development
Officer acting on behalf of Council, shall cause a notice of the decision to be issued
to the applicant and post a copy of the decision in the lobby of the County office.
-
When applicable, Council should seek comments from other agencies such as the
planning advisor, Alberta Health Service, Alberta Transportation and Economic
Corridors, or any applicable provincial or federal government department.
14. APPEAL PROCEDURE
-
Pursuant to Section 685(4)(a) of the Municipal Government Act, if a decision with
respect to a Development Permit Application is made by Council, there is no
appeal to the Subdivision and Development Appeal Board.
-
Pursuant to Section 685(4)(b) of the Municipal Government Act, f the Development
Officer has been delegated, the Authority to decide upon Development Permit
Applications as the Development Authority, then the appeal to the Subdivision
Appeal Board is limited to whether the Development Officer followed the directions
of Council.
Map 1 - Direct Control Area
Schedule 'A'
DIRECT CONTROL BYLAW NO. 25-023
1. PURPOSE
To provide a means whereby Council may regulate and control the Use and Development
on a site-specific basis for the following Site:
Descriptive Plan 9910323 Block 1 Lot 2 in NW 30-9-22-W4 (title comprised of 22.35 ha
(55.22 acres) in total) as shown in Map 1.
For the specific purpose of allowing an existing agriculture-based trucking and commodity
storage operation to develop Fertilizer Storage and Sales, which including fertilizer blending
with an associated office space.
2. PERMITTED, DISCRETIONARY AND PROHIBITED USES
(1) Permitted Uses
Accessory Buildings/Structures to an approved Permitted Use
Fertilizer Storage and Sales
Warehousing
Signs Type 1 and 2 (see Part 6 of the Land Use Bylaw)
(2) Discretionary Uses
Any Permitted or Discretionary Uses that are not already listed in this Bylaw but are
prescribed in the Rural General Industrial District under this Land Use Bylaw are at the
discretion of County Council.
(3) Prohibited Uses
Any Use which is not listed as either a Permitted or Discretionary Use, or is not ruled to be
similar to a Permitted or Discretionary Use in accordance with Part 1 Section 31 of the Land
Use Bylaw, is a prohibited Use.
3. DEFINITIONS
Fertilizer Storage and Sales means a development used to store bulk fertilizer for wholesale
distribution and may include fertilizer blending and associated office space to support the
administrative and/or operational needs of the business.
Land Use Bylaw means the Lethbridge County Land Use Bylaw No. 24-007.
All other words or terms have the same meaning as what is specified in the Land Use Bylaw.
4. MINIMUM YARD SETBACK REQUIREMENTS
-
No part of a Building, structure or Development shall be located within:
Side Yard 6.1 metres (20 ft.)
Rear Yard 9.1 metres (30 ft.)
-
As determined by the Development Authority, all Buildings, structures or
Development that are to be located in the vicinity of an escarpment, coulee break,
river bank or other geographical feature may have special requirements for
setbacks upon due consideration of any geotechnical or slope stability analysis
reports requested by the municipality.
5. MINIMUM SETBACK FROM ROADWAY
-
No part of a Building, structure or Development shall be located within 38.1 metres
(125 ft.) of the centre line of the Public Roadway.
6. ACCESSORY BUILDINGS AND STRUCTURES
-
An Accessory Buildings or Structures shall not be located in the required Setback
from a Public Roadway or an Easement.
-
An Accessory Buildings or Structures shall be setback a minimum 3.0 metres (10
feet) from the principal building and from all other structures on the same Lot.
-
An Accessory Buildings or Structures shall only be constructed after or in
conjunction with an approved principal Use or Building on the parcel.
7. GENERAL STANDARDS OF DEVELOPMENT
-
At the discretion of Council or the Development Officer acting as the Development
Authority having regard for the Land Use Bylaw.
8. SIGN REGULATIONS
-
As per the Lethbridge County Land Use Bylaw.
9. OTHER STANDARDS
-
All finished Lot Grading shall be constructed and maintained to the satisfaction of
the Lethbridge County and shall be in accordance with the Engineering Guidelines
and Minimum Servicing Standards.
-
Approaches and Driveway access shall be in accordance with the Lethbridge
County Engineering Guidelines and Minimum Servicing Standards or as otherwise
stipulated by Council.
-
Any additional standards as required by County Council or the Development Officer.
10. OTHER REQUIREMENTS
-
At the time of the Development Permit application, a storm water management
plan certified by a professional engineer and a geotechnical report will be required
by Lethbridge County.
-
Site, Layout, and Grading Plan - that shows the property dimensions, Building
locations, parking areas, Outdoor Storage areas, employee Parking Areas, and utility
Easements and servicing areas, including the septic field location and any dugouts
or storm ponds.
-
Refuse or garbage shall be kept in a suitably sized container or enclosure, effectively
screened, and the refuse containers shall be located in a rear yard only.
-
Servicing
o the developer shall be responsible for ensuring all required servicing is
provided to the development, including potable water and private septic. If
an on-site private septic treatment system is used to handle sewage
disposal, then the system and field must be installed by a certified installer
licensed with the provincial department of Municipal Affairs.
-
Development Agreement - as a condition of a Subdivision or Development Permit
approval the applicant may be required to enter into a Development Agreement with
Lethbridge County, in accordance with the Land Use Bylaw.
11. SUBDIVISION
-
Council, acting in the capacity of the Subdivision Authority, shall make decisions on
any future Subdivision applications.
12. DELEGATION OF AUTHORITY
-
The Development Officer in accordance with the Land Use Bylaw and pursuant to
Section 641 (3) of the Municipal Government Act may approve Development Permit
applications for Permitted Uses only, provided that they confirm to the standards of
this bylaw.
-
County Council shall be the Development Authority to decide on Development
Permit applications for Discretionary Uses or for any Waivers of Development
standards.
13. APPROVAL PROCEDURE
-
Where the Development Officer as the Development Authority has been delegated
the authority to decide upon Development Permit applications for Permitted Uses
and has done so, then immediately upon issuance of the Development Permit the
Development Officer shall cause a notice to be published in a newspaper circulating
in the area stating the location of the property for which the application has been
made and the Use approved.
-
Before consideration application for a Discretionary Use or Development requiring
waivers on the subject property, Council shall:
o Cause a notice to be issued by the Designated Officer to any person likely to
be affected.
o Ensure that the notice contains the date and time that Council will hear the
application for Discretionary Uses or application for Waivers of Development
standards.
o Hear any persons that claims to be affected by the decision on the
application.
-
Council may then approve the Development application with or without conditions
or refuse the application with reasons.
-
Where Council has decided on a Development Permit application, the Development
Officer acting on behalf of Council, shall cause a notice of the decision to be issued
to the applicant and post a copy of the decision in the lobby of the County office.
-
When applicable, the County should seek comments from other agencies such as
the planning advisor, Alberta Health Service, Alberta Transportation and Economic
Corridors, or any applicable provincial or federal government department.
14. APPEAL PROCEDURE
-
Pursuant to Section 685(4)(a) of the Municipal Government Act, if a decision with
respect to a Development Permit application is made by Council, there is no
appeal to the Subdivision and Development Appeal Board.
-
Pursuant to Section 685(4)(b) of the Municipal Government Act, if the
Development Officer has been delegated the Authority to decide upon
Development Permit applications as the Development Authority, then the appeal to
the Subdivision Appeal Board is limited to whether the Development Officer
followed the directions of Council.
Map 1 - Direct Control Area
Schedule 'A'
DIRECT CONTROL BYLAW NO. 25-025
1. PURPOSE
To provide a means whereby Council may regulate and control the use and Development
on a site-specific basis for the following Lot:
Descriptive Plan 9312230 Block 1 Lot 1 in NE 36-9-23-W4 (title comprised of 15.75 acres)
in total) as shown in Map 1.
For the specific purpose of allowing the operation of a floral arranging and floral u-pick
business as an Institutional / Specialty Manufacturing Use on the established Grouped
Country Residential Lot, in which the Parcel shall maintain its residential character while
permitting a limited Commercial Use.
2. PERMITTED, DISCRETIONARY AND PROHIBITED USES
(1) Permitted Uses
Accessory Buildings, Structures and Uses to an Approved Permitted Use
Day Homes (see Part 2 - Development Not Requiring a Development Permit)
Dwelling:
Single Detached Site-built
Single Detached Manufactured Home 1
Single Detached Ready-to-move
Home Occupation 1
Secondary Suites (contained within a Single-Detached Dwelling)
Shipping Containers, Temporary (see Part 2 - Development Not Requiring a Development
Permit)
Signs Type 1
Solar Collectors, Individual (roof, wall mount) (see Part 2 - Development Not Requiring a
Development Permit)
(2) Discretionary Uses
Institutional Workshop / Specialty Manufacturing
Farm Stand (see Part 2 - Development Not Requiring a Development Permit)
Home Occupation 2
Secondary Suites (contained within a detached garage) (see Part 5 of the Land Use Bylaw)
Sign Type 2
Any Permitted or Discretionary uses that are not already listed in this Bylaw but are
prescribed in the Grouped Country Residential District are at the discretion of the
Development Authority.
(3) Prohibited Uses
Any use which is not listed as either a Permitted or Discretionary Use, or is not ruled to be
similar to a Permitted or Discretionary Use in accordance with Part 1 Section 31 of the Land
Use Bylaw, is a prohibited Use.
3. DEFINITIONS
Commercial Use - see "Institutional Workshop / Specialty Manufacturing".
Customer means any non-resident person or organization, paying or non-paying, visiting
the Parcel for the purposes of participating or purchasing goods or services from a
Commercial Use.
Grouped Country Residential District has the same meaning as the "Grouped Country
Residential - GCR" Land Use District in the Lethbridge County Land Use Bylaw No. 24-007.
Institutional Workshop / Specialty Manufacturing means a development that is associated
with floral arranging and a floral u-pick on a Parcel and which may include facilities to
process or package flowers and related goods. The use may include areas devoted to retail
sales, display and storage. The word "Commercial Use" shall have the same meaning as
the word "Institutional / Specialty Manufacturing".
Land Use Bylaw means the Lethbridge County Land Use Bylaw No. 24-007.
All other words or terms have the same meaning as what is specified in the Land Use Bylaw.
4. SITE SUITABILITY
-
The Subdivision Authority or Development Authority shall take into consideration,
all applicable sections of the Land Use Bylaw No. 24-007, when making a decision
on an application for Subdivision or Development in this Direct Control District.
-
The Subdivision Authority or Development Authority may place any or all of the
following conditions, in addition to a Development Agreement, on Subdivision or
Development Permit approval to ensure any concerns over the suitability of the
land and Development are satisfied:
o the provision of a professional geotechnical investigation/test and report
to ensure the Site is suitable in terms of topography, stability, soil
characteristics, flooding subsidence, erosion and sanitary sewerage
servicing;
o require the developer to provided suitable access, so the Site will be
legally and physically accessible to a developed municipal road or if within
300 metres (984 feet) of a provincial highway will meet the requirements of
Alberta Transportation and Economic Coordinator;
o stipulate the alteration of proposed Lot configurations, Building sizes or
locations to ensure any Setback requirements of this Land Use Bylaw or
the Subdivision and Development Regulation can be met;
o any reasonable measures to ensure any other requirements of this Land
Use Bylaw are complied with;
o any measures to adequately ensure applicable provincial legislation such
as the Safety Codes Act is complied with or not compromised; and
o The Development Authority will provide direction as to which sections of
the Bylaw are relevant and applicable to each particular Lot.
5. MINIMUM LOT SIZE
The minimum lot size shall be 15.74 acres.
6. MINIMUM YARD SETBACK REQUIREMENTS
(1) Side and Rear Yard - 6.1 metres (20 feet).
(2) Front Yard (River Brink Road) - 15.2 metres (50 feet).
(3) Front Yard (River Ridge Road) - 38.1 metres (125 feet) of the centre line of the public
roadway.
(4) Special Setback Requirements
(a) Horticultural features, including flower beds associated with the Commercial
Use, are permitted within the required Setback area, provided that a Fence with
a minimum height of 1.0 metres (3.3 feet) is maintained along the top of the
coulee edge to ensure customer safety.
(b) As determined by the Development Authority, all buildings, structures and
Development that are to be located in the vicinity of an escarpment, coulee
break, river bank or other geographical feature may have special requirements
for setbacks upon due consideration of any geotechnical or slope stability
analysis reports requested by the municipality.
7. ACCESSORY BUILDINGS AND STRUCTURES
(1) An Accessory Building shall not be located in the required setback from a Public
Roadway or on an Easement.
(2) An Accessory Building shall be setback a minimum 3.0 metres (10 feet) from the
principal dwelling and from all other structures on the same lot.
(3) Maximum height - No Accessory Buildings shall exceed 8.5 metres (28 feet) in
height.
(4) Maximum size of accessory buildings or structures:
(a) the maximum size of an Accessory Building or Structure shall not exceed 371.61
metres sq. (4 ,000 sq. feet) and
(b) the maximum size is the combined total size for all Accessory Buildings on a
Parcel (the cumulative square footage of all accessory buildings).
8. INSITUTIONAL WORKSHOP / SPECIALTY MANUFACTURING
(1) The Commercial Use shall be contained within the area labeled "Commercial Area"
as shown on Map 1.
(a) The Single-Detached Dwelling and detached garage located outside of the
Commercial Area may be used only for administrative purposes and ancillary
business-related purposes such as office work, storage, or processing activities
associated with the approved Commercial Use, provided that no public access
or retail activity occurs.
(2) A Development Permit application for an Institutional Workshop / Specialty
Manufacturing Use shall not be approved if an Institutional Workshop / Specialty
Manufacturing Use has previously been approved for the same Parcel, and that
approval remains valid at the time of the new application.
(3) Customer visits
(a) Customer visits shall be by reservation only;
(b) A maximum of 25 Customers may be on-site at one time; and
(c) The maximum number of on-site Customers shall not exceed 100 per week.
(4) To maintain the residential character of the Lot, the Commercial Use shall only be
permitted to allow Customer visits up to eight (8) hours per week.
(5) Visitor parking must be provided on-site in a safe and orderly manner within the area
labelled "Commercial Area" in Map 1. Parking shall not be located on an Easement.
(6) The Commercial Use may only have up to six (6) non-resident employees up to
five (5) commercial vehicles and/or trailers on the Lot.
9. GENERAL STANDARDS OF DEVELOPMENT
-
At the discretion of the Development Authority having regard for the Land Use
Bylaw.
-
The Lot shall maintain its residential character in accordance with the Wild Rose
Acres (RiverBrink) Area Structure Plan.
10. SIGN REGULATIONS
-
As per the Land Use Bylaw.
11. OTHER STANDARDS
(1) A Commercial Use may operate a single-day, temporary outdoor event up to two (2)
times per year, such that the number of visitors is staggered. The parcel shall not
have more than 50 customer vehicles on the Lot at one time and not exceed 100
customer vehicles in a single day. All vehicle parking shall be provided on-site.
(2) All finished lot grading shall be constructed and maintained to the satisfaction of
the Lethbridge County and shall be in accordance with the Engineering Guidelines
and Minimum Servicing Standards.
(3) Approaches and Driveway access shall be in accordance with the Lethbridge
County Engineering Guidelines and Minimum Servicing Standards or as otherwise
stipulated by Council.
(4) Any additional standards that apply to the Grouped Country Residential District may
apply to the Development at the discretion of the Development Authority.
(5) Any additional standards as required by the Development Authority.
12. OTHER REQUIREMENTS
-
At the time of any Development Permit application a Site, Layout, and Grading Plan
is required - that shows the property dimensions, building locations, parking areas,
outdoor storage areas, and utility easements and servicing areas, including the
septic field location and any dugouts or storm ponds.
-
At the time of any Development Permit application, the provision of Professionally
Prepared Reports / Study Plans may be required. This includes but is not limited to
a professional geotechnical investigations/tests and report, storm water
management plans, and septic evaluation reports.
-
Servicing
o the landowner shall be responsible for ensuring all required servicing is
provided to the development, including potable water and private septic. If
an on-site private septic treatment system is used to handle sewage
disposal, then the system and field must be installed by a certified installer
licensed with the provincial department of Municipal Affairs.
-
At the time of the Development Permit application, the Development Authority may
impose Landscaping or Screening requirements if, in their opinion, they would serve
to improve the quality or compatibility with nearby uses of any proposed
commercial-related uses, as per Part 4 of the Land Use Bylaw.
13. SUBDIVISION
-
No further subdivision of this Lot shall be allowed. Council, acting in the capacity of
the Subdivision Authority, shall make decisions on any future Subdivision
applications with respect to this bylaw.
14. DELEGATION OF AUTHORITY
-
The Development Officer in accordance with the Land Use Bylaw and pursuant to
Section 641 (3) of the Municipal Government Act may approve development permit
applications for Permitted Uses, provided that they confirm to the standards of this
bylaw.
-
County Council shall be the Development Authority to decide on applications for
Discretionary Uses and any Waivers of development standards.
15. APPROVAL PROCEDURE
-
Where the Development Officer as the Development Authority has been delegated
the authority to decide upon Development Permit applications and has done so,
then immediately upon issuance shall cause a notice of the decision to be issued to
the applicant and persons likely to be affected accordance with Part 1.
-
Before consideration of an application for a Development requiring a Waiver on the
subject Lot, Council shall:
o Cause a notice to be issued by the designated officer to any person likely to
be affected.
o Ensure that the notice contains the date and time that Council will hear the
application for Waiver of Development standards.
o Hear any persons that claims to be affected by the decision on the
application.
-
Council may then approve the Development application with or without conditions
or refuse the application with reasons.
-
Where Council has decided on a Development Permit application, the Development
Officer acting on behalf of Council, shall cause a notice of the decision to be issued
to the applicant and persons likely to be affected accordance with Part 1.
-
When applicable, the County should seek comments from other agencies such as
the planning advisor, Alberta Health Service, Alberta Transportation and Economic
Corridors, or any applicable provincial or federal government department.
16. APPEAL PROCEDURE
-
Pursuant to Section 685(4)(a) of the Municipal Government Act, if a decision with
respect to a development permit application is made by Council, there is no appeal
to the Subdivision and Development Appeal Board.
-
Pursuant to Section 685(4)(b) of the Municipal Government Act, if the
Development Officer has been delegated the Authority to decide upon
development permit applications as the Development Authority, then the appeal to
the Subdivision and Development Appeal Board is limited to whether the
Development Officer followed the directions of Council.
Map 1 - Direct Control Area
Schedule 'A'
DIRECT CONTROL BYLAW NO. 25-027
1. PURPOSE
To provide a means whereby Council may regulate and control the Use, Development
or Subdivision, on a Site-specific basis, the lands described on Figure 1.
To provide a clustered residential Development with high quality large Lots. The larger
residential Lots shall allow for larger Accessory Buildings (Area 1) and provide
opportunities for Commercial and light Industrial Uses (Area 2). No stand-alone
businesses or Use areas shall be Permitted without a residence on the property.
Careful Site planning and more intense Landscaping will be required to help buffer the
on-Site Industrial/ Commercial Development and the proposed Industrial/ Commercial
Development to the east from the existing grouped country residential Development.
2. PERMITTED, DISCRETIONARY AND PROHIBITED USES
(1) Permitted Uses
Accessory Buildings, Structure and Uses to an Approved Permitted Use
Automotive Detail (see Part 5 of the Land Use Bylaw)
Automotive Service (see Part 5 of the Land Use Bylaw No. 24-007)
Bed and Breakfast (see Part 5 of the Land Use Bylaw)
Business Support Service
Contractor Trade Shops
Day Care Centre (see Part 5 of the Land Use Bylaw)
Day Home
Dwelling:
-
Single Detached Site-built
-
Single Detached Ready-to-move (see Part 5 of the Land Use Bylaw)
-
Manufactured Homes 1 (see Part 5 of the Land Use Bylaw)
Home Occupation 1 and 2 (see Part 5 of the Land Use Bylaw)
Indoor Storage
Office, Public and Private
Professional Services
Secondary Suite (contained within Dwelling, Single Detached (see Part 5 of the
Land Use Bylaw)
Sign, Type 1 (see Part 6 of the Land Use Bylaw)
Solar Collector, Individual (roof and wall mounted) (see Part 2 of the Land Use
Bylaw, Development Not Requiring a Development Permit)
Technology Centre/ Hub
(2) Discretionary Uses
Agricultural Market
Agricultural Services
Building and Trade Contractor Service
Farm/Industrial Machinery Sales, Rental and Service
Industrial Processing and Manufacturing
Industrial Supplies and Sales
Secondary Suite (detached garage) (see Part 5 of the Land Use Bylaw No. 24-007)
Sign, Type 2 (see Part 6 of the Land Use Bylaw No. 24-007)
Solar Collectors, Individual (Ground Mount) (see Part 7 of the Land Use Bylaw)
Type A Small Wind Energy Conversion System
Retail Sales or Use ancillary to the onsite Industrial/ Commercial Development
Warehousing
Veterinary Clinic, Small Animal
(3) Prohibited Uses
Any use which is not listed as either a Permitted or Discretionary Use or is not ruled to
be similar to a Permitted or Discretionary Use in accordance with Part 1, Section 34,
of the Land Use Bylaw is a prohibited Use.
3. DEFINITIONS
Land Use Bylaw means the Lethbridge County Land Use Bylaw No. 24-007
All words and terms have the same meaning as what is specified in the Lethbridge
County Land Use Bylaw.
4. SITE SUITABILITY
-
The Subdivision Authority or Development Authority shall take into consideration,
all applicable sections of the Land Use Bylaw, when making a decision on an
application for Subdivision or Development in this Direct Control District.
-
The Subdivision Authority or Development Authority may place any or all of the
following conditions, in addition to a Development Agreement, on Subdivision or
Development Permit approval to ensure any concerns over the suitability of the
land and Development are satisfied:
o
the provision of a professional geotechnical investigation/test and report to
ensure the Site is suitable in terms of topography, stability, soil
characteristics, flooding subsidence, erosion and sanitary sewerage
servicing;
o
require the developer to provided suitable access, so the Site will be
legally and physically accessible to a developed Public Roadway or if
within 300 metres (984 feet) of a provincial highway will meet the
requirements of Alberta Transportation and Economic Coordinator;
o
stipulate the alteration of proposed Lot configurations, Building sizes or
locations to ensure any Setback requirements of this Land Use Bylaw or the
Subdivision and Development Regulation can be met;
o
any reasonable measures to ensure any other requirements of this Land
Use Bylaw are complied with;
o
any measures to adequately ensure applicable provincial legislation such as
the Safety Codes Act is complied with or not compromised; and
o
The Development Authority will provide direction as to which sections of the
Bylaw are relevant and applicable to each particular Lot.
5. LOT SIZE
-
Lot sizes shall be as shown conceptually on Figure 1 and shall not be less than 6.0
acres.
-
The residential portion of each Lot shall be the front 75 metres of each Lot or as
shown in Figure 1.
-
The balance of each Lot shall be used and referred to as the light Industrial portion
of each Lot.
6. ACCESS
-
All access shall be located as shown on Figure 1.
-
The municipality may, at the time of Subdivision or Development, require the
developer to enter into an agreement for the construction of any approach(es)
necessary to serve the Lot or Development area in accordance with Lethbridge
County Engineering Guidelines and Minimum Servicing Standards.
-
To ensure proper emergency access, all Developments shall have direct legal and
developed physical access to a Public Roadway in accordance with Lethbridge
County Engineering Guidelines and Minimum Servicing Standards. If the
Development is within 304.8 metres (¼ mile) of a provincial highway, direct legal
and physical access to a Public Roadway shall be to the satisfaction of Alberta
Transportation and Economic Corridors.
-
A shared local service road or the construction of shared accesses/approaches
may be required to be provided by the developer of multi-Lot Subdivisions in
accordance with Lethbridge County Engineering Guidelines and Minimum
Servicing Standards.
7. SUBDIVISION
-
After the initial Subdivision of a parcel, no further Subdivision of any Lot shall be
allowed. Council, acting in the capacity of the Subdivision Authority, shall make
decisions on any future Subdivision applications with respect to this bylaw.
8. SERVICING REQUIREMENTS
-
Every Development shall be required to install a sewage disposal system and
potable water system in accordance with Lethbridge County Engineering
Guidelines and Minimum Servicing Standards or other system as approved by the
municipality.
-
The Development Authority may refuse a Development, and the Subdivision
Authority may refuse to approve a Subdivision, if the parcel on which it is
proposed is not large enough or does not have suitable soil characteristics to
support a sewage disposal system to the standard required.
-
The Development Authority may refuse a Development, and the Subdivision
Authority may refuse to approve a Subdivision, if it cannot be demonstrated to the
satisfaction of the approval authority that the parcel has access to a secure
potable water source or system.
-
Industrial or business uses that require or use a large volume of water may be
denied a Development permit if a secured source of water, relative to what is
required for the Development, is not verified, or cannot be guaranteed to the
satisfaction of Lethbridge County. This may include, but is not limited to, car/
truck wash facilities, food or other various processing industries, and biofuel
plants associated with ethanol production.
9. SITE GRADING AND DRAINAGE
-
Development on both the residential and industrial portions of each Lot must
follow the grading and drainage requirements as set out in the Country Side Area
Structure Plan and Figure 1 contained in this Direct Control District.
-
No building or structure shall be located on any part of the Lot that is identified as
being used to store water or used to provide drainage.
-
An engineered grading and drainage plan must be submitted with the
Development permit application. This plan must also be approved as required in
the Architectural Controls.
-
All finished Lot grading shall be constructed and maintained to the satisfaction of
Lethbridge County and shall be in accordance with the County's Engineering
Guidelines and Minimum Servicing Standards.
-
The applicant is responsible for ensuring adherence to the final grades.
-
Following the completion of a Development, the applicant must supply evidence
by an engineer, that the requirement of the as-built grading meets the approved
grading plan. This evidence must also be submitted for approval in accordance
with the Architectural Controls.
10. MINIMUM YARD SETBACK REQUIREMENTS
-
Side and Rear Yard Setback
o
Side Yard Setbacks for all uses shall be a minimum of 6.1 metres (20 feet)
from a Property Line not fronting on or Adjacent to a Public Roadway or as
shown in Figure 1.
o
Rear Yard Setbacks for all uses shall be a minimum of 10.7 metres (35feet)
from a Property Line and not within an Easement in accordance with Figure
1.
-
Front Yard Setback
o
Front Yards Setbacks shall be a minimum of 12 metres (39.4 feet) from the
front Property Line or as shown in Figure 1.
11. BUILDING SIZE & SITING REQUIREMENTS
-
Unless specified elsewhere in this bylaw, the maximum percentage of the Site that
may be covered by buildings and structures shall be:
o
As determined by the Development Authority - no building, structure or
driveway shall be located within the area or Setbacks required or identified to
treat private septic sewage;
o
Established in an adopted Area Structure Plan design scheme; and
o
In accordance with the Land Use Bylaw No. 24-007.
-
No building, structure or driveway shall be located within the area required for
drainage swales, drainage storage, sanitary sewer, septic fields, or any easements.
-
Where a structure is attached to the principal building by a roof, an open or closed
structure, a floor or foundation, it is to be considered a part of the principal building
and is not an accessory building.
-
The total combined area of all structures within each Lot boundary shall be no
greater than 10% of the Lot gross area of that Lot.
-
Residential Area (Area 1)
o The maximum total area of a Dwelling and Accessory Building on the Lot
shall be 1,114.8 sq metres (12,000 sq. feet).
o The maximum size of an Accessory Building shall be 371.61 sq. metres
(4,000 sq. feet).
o The maximum height of an Accessory Building is 8.5 metres (28.0 feet).
-
Light Industrial Area (Area 2)
o The maximum total area of all the Buildings on the Lot shall be 1,115 sq.
metres (12,000 sq. feet).
o More than one Accessory Building is permitted, provided the maximum total
area does not exceed 1,114.8 sq. metres (12,000 sq. feet).
o Area 2 shall only allow a secondary suite that is ancillary to the onsite
Industrial / Commercial Development and is within an Accessory Building.
12. ACCESSORY BUILDING
-
An Accessory Building or Structure on both the residential and Industrial portion
of the Lot shall only be constructed in conjunction with an approved Principal
Building or Use and not be used as a principal Dwelling.
-
An Accessory Building shall not be located in the required Setback from a public
Roadway or on an Easement.
-
An Accessory Building in the residential portion of the Lot, shall be Setback a
minimum 3.0 metres (10 feet) from the principal Dwelling and from all other
structures on the same Lot.
-
Where a structure is attached to the Principal Building on a Site by a roof, an
open or enclosed structure, a floor or foundation, it is to be considered a part of
the Principal Building and is not an Accessory Building.
-
As a condition of a permit, if a Development approval is required, the
Development Authority may stipulate specific requirements for the type of
foundation, fastening or tie-down system, finish, colour, roof pitch, and materials
to be applied to the Accessory Building.
13. GENERAL STANDARDS OF DEVELOPMENT
-
At the discretion of Council or the Development Officer acting as the
Development Authority having regards for the Land Use Bylaw.
-
Standards detailed in Parts 4 and 5 of Bylaw No. 24-007 apply to all uses unless
more detailed and restrictive standards are established under an adopted Area
Structure Plan or Conceptual Design Scheme or Architectural Controls.
14. LANDSCAPING
-
Landscaping is required, for the purpose of providing screening between the
residential area of each Lot and the remainder of the Lot. This Landscaping in
also intended to provide a buffer for the Adjacent Grouped Country Residential
Development and any future light industrial use east of this Development.
Landscaping plans must be approved by the Architectural Control Consultant
prior to any construction.
-
The area between the road and the rear side of a residence and residential
Accessory Building shall be irrigated and landscaped with lawn, trees and shrubs.
-
All trees, shrubs, and lawn must be irrigated. Notwithstanding this, all
Landscaping must be completed within two years of the date a Development
Permit is issued.
-
All plant materials shall be planted in accordance with good horticultural
practices.
-
When trees are planted in a group, they shall be planted at the minimum spacing
recommended between each particular species of trees.
-
The minimum calliper for deciduous trees shall be 50mm. Coniferous trees shall
be a minimum 2.0 metres in height.
15. ARCHITECTURAL CONTROLS
-
All Development must comply with any approved Architectural Controls. Proof of
compliance to the applicable Architectural Controls is required at the time of
submission of a Development Permit application and upon final grading
approval. Copies of these approvals must be submitted to the Development
Authority.
16. DELEGATON OF AUTHORITY
-
The Development Officer in accordance with the Land Use Bylaw and pursuant to
Section 641 (3) of the Municipal Government Act may approve Development
Permit applications for Permitted and Discretionary Uses, provided that they
conform to the standards of this bylaw.
-
County Council shall be the Development Authority to decide on applications for
any Waivers of Development standards.
17. APPROVAL PROCEDURE
-
Where the Development Officer as the Development Authority has been
delegated the authority to decide upon Development Permit applications and has
done so, then immediately upon issuance shall cause a notice of the decision to
be issued to the applicant and persons likely to be affected accordance with Part
1.
-
Before considering a Development Permit application requiring Waiver on the
subject Lot, Council shall:
o Cause a notice to be issued by the designated officer to any person
likely to be affected.
o Ensure that the notice contains the date and time that Council will hear
the application for Waiver of Development standards.
o Hear any persons that claims to be affected by the decision on the
application.
-
Council may then approve the Development application with or without
conditions or refuse the application with reasons.
-
Where Council has decided on a Development Permit application, the
Development Officer acting on behalf of Council, shall cause a notice of the
decision to be issued to the applicant and persons likely to be affected
accordance with Part 1.
-
When applicable, the County should seek comments from other agencies such
as the planning advisor, Alberta Health Service, Alberta Transportation and
Economic Corridors, or any applicable provincial or federal government
department.
18. APPEAL PROCEDURE
-
Pursuant to Section 685(4)(a) of the Municipal Government Act, if a decision with
respect to a Development permit application is made by Council, there is no
appeal to the Subdivision and Development Appeal Board.
-
Pursuant to Section 685(4)(b) of the Municipal Government Act, if the
Development Officer has been delegated the Authority to decide upon
Development permit applications as the Development Authority, then the appeal
to the Subdivision and Development Appeal Board is limited to whether the
Development Officer followed the directions of Council.
Figure 1
Land Use Bylaw No. 24-007
Solar Energy Commercial (SEC) Part 3 | 1
SOLAR ENERGY COMMERCIAL - SEC
1.
PURPOSE
The Solar Energy Commercial (SEC) District, established as an overlay district, is designed specifically
to regulate the development of Solar Collection Facility, Commercial. Within the SEC District, the land
use regulations and requirements of the underlying zoning district continue to apply, ensuring that
the established land use is maintained alongside the development of Solar Collect Facility,
Commercial.
If the regulation is not listed below, the underlaying district regulation shall apply.
2.
PERMITTED, DISCRETIONARY, AND PROHIBITED USES
(1) Permitted Uses
(2) Discretionary Uses
Battery Energy Storage System (BESS), Commercial
Solar Collection Facility, Commercial
(3) Prohibited Uses
♦
Any use which is not listed as either a Permitted or Discretionary Use in this overlay district
or the underlaying district, or is not ruled to be similar to a Permitted or Discretionary Use in
accordance with Part 1, Section 34, is a Prohibited Use.
3.
MINIMUM SETBACK REQUIREMENTS
(1) Side and Rear Yard
No building, structure (excluding fencing) or dugout banks shall be within 6.1 metres (20 ft.) of
a property line not fronting on or adjacent to a municipal roadway.
(2) Special Setback Requirements
Setbacks shall apply only to the perimeter of the Solar Energy Facility. Internal setbacks between
arrays or equipment located on adjacent parcels forming part of the same project are not
required.
4.
MINIMUM SETBACKS FROM ROADWAYS
(1) No part of a building, structure or development shall be located within:
(a) 38.1 metres (125 ft.) of the centre line of any developed or undeveloped municipal road
allowance or public roadway which is not designated as a provincial highway under the
Highway Development Protection Regulation;
Solar Energy Commercial (SEC) Part 3 | 2
Land Use Bylaw No. 24-007
(b) 70.0 metres (230 ft.) of the centre line or 40.0 metres (131 ft.) from the right-of-way
boundary, whichever is greater, of roads designated as provincial highways under the
Highways Development Protection Regulations;
(c) for any development adjacent provincial roadways classified as a four-lane divided highway
or freeways/expressways, the required setback distances and accesses will be reviewed on
a highway-by-highway/development-by-development basis and shall be as prescribed by
Alberta Transportation;
(d) any greater distance that may be required by the Development Authority in order to
facilitate future road widening, service road dedication, to reduce potential snow drifting,
or vision restrictions.
(2) Where any parcel or part of a parcel has frontage on a provincial highway, special standards for
setbacks, access, and service roadways may be required by Alberta Transportation under the
Highways Development Protection Regulation.
5.
MAXIMUM SITE COVERAGE
Unless specified elsewhere in this bylaw, the maximum percentage of the site that may be covered
by buildings and structures shall be as determined by the Development Authority.
6.
SOLAR COLLECT FACILITY DEVELOPMENT REQUIREMENTS
(1) Development permit applications for a Solar Collection Facility, Commercial shall be
accompanied by the following information:
(a) The approval by the Alberta Utilities Commission for the Solar Collection Facility,
Commercial.
i.
A detailed site plan including the following:
-
the entire parcel,
-
all roads used for construction, access and egress, and reclamation of the site,
-
all existing structures,
-
any proposed buildings and the proposed array(s),
-
all setbacks from the property lines and the proximity to structures or uses on the
site and adjacent parcels of land (including residential dwellings within 2 km); and
-
Detailed information showing any proposed temporary storage and/or laydown
yard locations on the property during the construction phase(s).
ii.
Detailed information about the system type, number of structures, height of
structures, and the energy process, storage (grid tied or battery storage), and rated
output.
iii.
Descriptions, drawings, with dimensions, showing the footings system, the mounting
system, racking and/or tethering that is to occur, the type and size of solar panels, the
minimum clearance of solar collectors from grade within the proposed installation.
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Solar Energy Commercial (SEC) Part 3 | 3
iv.
Preliminary grading/drainage plan, including site construction/grading plan with
details on proposed management practices for any soil stripping and erosion control.
v.
A copy of the public consultation completed, or participant involvement program
submitted as part of the application to the AUC and/or a copy of the public information
that includes but is not limited to, an outline of the impacts and benefits relayed by
attendees, and how the proponent intents on addressing the matters;
vi.
Identification of any sensitive, environmental, or topographical features.
vii. A decommissioning plan and reclamation plan or agreement with the landowner, to
the satisfaction of the Development Authority, to cover the decommissioning and
security needs to address the discontinuation and end-of-life of the project;
viii. A vegetation, weed and pest management plan that addresses how invasive plant,
weeds, and pest will be controlled during the construction period and the projected
lifespan of the development, to be reviewed by Lethbridge County Agricultural
Services;
ix.
A landscaping and screening plan showing how the installation will be visually screened
from neighbouring parcels and adjacent roadways is to be submitted to the
satisfaction of the County and in accordance with any screening standards or
guidelines applicable on the subject lands. The plan will include sufficient construction
details, plant lists and minimum sizes, and cost estimates.
x.
A Fire Safety Plan submitted with the application for review and approval by the Safety
Codes Officer prior to project commencement.
xi.
A Fire Mitigation Strategy submitted for review and approval by the County's
Emergency Services department. Any changes to the fire mitigation plan, the solar
installation layout, spacing between solar collectors, the screening plan or any other
aspect of the project as requested by the County's Emergency Services department
must be undertaken and resubmitted to the satisfaction of the County's Emergency
Services department prior to the submission of the development permit for
consideration.
xii. An Emergency Response Plan prepared by a qualified professional and approved by
the County's Emergency Management Department prior to the submission of the
development permit.
xiii. A Neighbour Emergency Response Plan prepared by a qualified professional which
address safety, education, and emergency response plans for the benefit of
landowners and businesses within the vicinity of the solar installation is to be
submitted to the satisfaction of the County's Emergency Management Department
prior to the submission of the development permit for consideration.
(2) Development Permits issued for Solar Collection Facility, Commercial are required to be
completed within 48 months of the date of issuance of the Development Permit.
(3) The Approving Authority may impose conditions as authorized in other sections of the Land Use
Bylaw or any reasonable condition to ensure suitability, compatibility, and to mitigate potential
impacts, consistent with giving consideration to the terms and conditions of the AUC approval.
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(a) A Development Agreement for the following:
i.
interior and/or exterior road construction, or upgrades;
ii.
for undertaking the actions as noted in the approved Soil Management and Erosion
Control Plan and the approved Vegetation, Weed, and Pest Management Plan are met;
or
iii.
for undertaking the actions as noted in the approved Decommissioning and
Reclamation Plan.
(b) Copies of executed Crossing Agreements for all collector lines that are proposed within the
Municipal rights of way.
(c) A stormwater management plan, (including grading and drainage);
(d) Prior to commencing construction, a Construction Traffic Management Plan has been
submitted and approved by the County, and any required Road Use Agreement or Road Use
Maintenance Agreement has been executed.
(e) The operator and/or landowner shall be responsible for preventing soil loss, erosion, and
deterioration from taking place in accordance with the approved management plan and the
Alberta Soil Conservation Act.;
(f)
The operator and/or landowner shall be responsible for controlling invasive plant threats
and weeds in accordance with the approved management plan and the Alberta Weed
Control Act.
(g) All recommendations and actions noted in the approved Fire Safety Plan, Fire Mitigation
Plans, Emergency Response Plans and Neighbour Response Plans will be required to be
undertaken to the satisfaction of the County.
(h) Require the provision of the financial security, in a form and amount acceptable to the
municipality, to ensure that municipal conditions imposed on the Development Permit are
complied with during construction and development activities
Where the development is subject to provincial reclamation security requires under
applicable provincial legislation, including the Alberta Environmental and Protection and
Enhancement Act, the Development Authority shall not require municipal financial security
for the same reclamation or remediation obligations, unless the Development Authority
determines that:
i.
If the development, or any portion of the development, is not subject to provincial
reclamation security; or
ii.
the municipal conditions relate to matters not addressed by provincial security,
including but not limited to road damage, drainage impacts, erosion control, or
protection of municipal infrastructure.
PART 4
GENERAL LAND USE PROVISIONS
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PART 4
GENERAL LAND USE PROVISIONS
A. STANDARDS OF DEVELOPMENT
1.
QUALITY OF DEVELOPMENT
The Development Authority may impose conditions on development applications which serve to
improve the quality of any proposed development within any land use district. Such special
conditions may include, but are not limited to: landscaping, paved parking areas, exterior building
finishes, setback variations, building mass, the control of noise, smoke, smell, and industrial wastes.
2.
BUILDING DESIGN, CHARACTER AND APPEARANCE
The Development Authority will impose conditions, where deemed applicable, to ensure:
(a) that the design, character and appearance of a building is compatible with other buildings in the
vicinity unless it is setting a higher standard of design, character and appearance for the land
use district or a particular locality of it;
(b) that the design, character and appearance of the building is consistent with the purpose of the
land use district in which the building is located;
(c) that a development complies with any provision of a statutory plan applicable to the design,
character and appearance of the building in the district; and
(d) that, where the development is to be located adjacent to or within the distance prescribed by
the Public Highways Act, the design of a building will be to a higher standard than that required
elsewhere in the County. This may include, but is not limited to:
(i)
appearance of building,
(ii)
landscaping,
(iii) access/egress from property, and
(iv) fire protection.
3.
EXTERIOR BUILDING FINISHES
The Development Authority may require specific finishing materials and/or colours to be used to
ensure the compatibility of a proposed:
(a) development with surrounding or adjacent developments,
(b) building addition or accessory structure with existing buildings or structures on the same parcel.
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4.
PRE-PLANNED DEVELOPMENT
Where a comprehensive pre-planned coordinated development is proposed for an area greater than
0.81 hectares (2 acres), the standards shown in the bylaw may be relaxed by the Development
Authority to an amount necessary to enable the area to be developed to the highest standards of
use, servicing and amenity provided that:
(a) this is done on the basis of a comprehensive development plan approved by Council; and
(b) it is completed in one continuous operation (i.e. not in phases) unless the approved
comprehensive development plan clearly indicates logical phasing or stages.
(c) This may also be considered if the application is to accommodate a mixed-use or clustered
higher density development proposed in accordance with smart growth objectives or policies
identified by the municipality and is deemed to be in conformity with a plan approved by
Council.
5. NUMBER OF DWELLINGS ON A LOT
(1) No person shall construct or locate or cause to be constructed or located more than one dwelling
unit on a parcel unless authorized by the Development Authority subject to Sections 5(2)
through (7).
(2) If the parcel has an area of at least 32.4 ha (80 acres) and the application otherwise conforms to
the standards and requirements of this bylaw, the Development Authority:
(a) shall issue a development permit to a person that would permit the construction or location
of a second dwelling unit on a parcel;
(b) may issue a development permit to a person that would permit the construction or location
of additional dwellings (i.e. more than 2), if the requirements of section 5(3)(a) to (d) are
met.
(3) On parcels less than 32.4 ha (80 acres), the Development Authority may issue a development
permit to a person that would permit the construction or location of more than one dwelling
unit on a parcel if the second or additional dwelling unit:
(a) will be located in a district that allows for such use and the proposal can be supported by
the land with consideration for meeting the following criteria:
(i)
the land is suitable to accommodate the required septic treatment system on-site;
(ii) access to a public roadway can be provided to the satisfaction of the municipality;
(iii) the second dwelling is placed in such a manner so that the two dwellings do not utilize
an area (i.e., shared yard) greater than 4.0 ha (10 acres). The configuration of the 4.0
ha (10 acre) area must strive to be compact in nature and must be acceptable to the
Development Authority;
(iv) the parcel contains a minimum of 1.62 ha (4.0 acres) of developable land for two
dwellings, any additional dwelling having an additional of 0.81ha (2.0acres);
(v) the parcel, site or land can meet all other requirements and standards of the bylaw,
including that the location of the additional dwelling will not be located in a flood
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prone area, will not be located within any applicable minimum distance separation
(MDS) required to a neighbouring confined feeding operation, amongst other
applicable standards; and
(vi) the dwelling meets the standards of development criteria as stipulated in Parts 4 and
5;
(b) is contained in a building that, or in buildings each of which, is designed for or divided into
two or more dwelling units such as but not limited to a duplex, semi-detached dwelling,
and multi-unit dwelling;
(c) is a manufactured home forming part of a park for manufactured home units;
(d) 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 Condominium Property
Act; or
(e) is a secondary suite dwelling located in a district that allows for such use and the applicable
standards of development criteria as stipulated in Part 5 for the use can be met.
(4) Development Authority may limit the number of additional dwelling units approved on any one
parcel of land.
(5) In making a decision on whether to approve a development permit for a second or additional
dwelling unit in Sections 5(2) through (5), the Development Authority shall take into
consideration compliance to all other standards and requirements of the bylaw.
(6) The Development Authority may also consider the following in making a decision on whether to
approve a development permit for a second or additional dwelling unit in Sections 5(2) through
(5):
(a) that either the second dwelling unit or the main residence shall be occupied by the owner
of the property and is considered the owner's primary residence;
(b) the second dwelling unit shall be subject to the same minimum required setbacks for front,
side and rear yards as the principal dwelling on the parcel;
(c) joint access may be required as a condition of approval;
(7) The applicant shall have a professional soil test/analysis done at their expense to ensure that
the soil characteristics are capable of supporting multiple septic fields. The analysis must include
identifying and confirming the depth to water table to meet provincial requirements. Analyses
of the test must be performed and approved by an engineer or approved agency under Alberta
Labour, with a copy of the report submitted with the development permit application.
6.
SUB-STANDARD LOTS
(1) The Development Authority may approve a development on an existing urban registered lot the
minimum dimensions or area of which are less than those specified in Part 2 provided that the
minimum area allowed is not less than 232.25 m2 (2,500 sq. ft.) or as established by the
Subdivision and Development Regulation.
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Land Use Bylaw No. 24-007
(2) Development of existing lots which are contained in an existing Certificate of Title and do not
meet the minimum size requirements, or any other requirements of this bylaw, will be
considered by the Development Authority on a case-by-case basis.
7.
CORNER LOT RESTRICTIONS IN HAMLETS
On a corner lot nothing shall be erected, placed, planted, or allowed to grow in such a manner as to
materially impede vision between a height of 0.91 and 3.05 metres (3 and 10 ft.) above the centre
line grades of the intersecting streets in the area bounded by the property lines of such corner lots
and a line joining points along the said property lines 7.62 metres (25 ft.) from the point of
intersection.
DIAGRAM 4.1
DIAGRAM 4.2
8.
MULTIPLE FRONT YARD PROVISION
(1) In any hamlet, where any lot has more than one front yard line, the front yard requirement shall
apply to all yards, but at the discretion of the Development Authority only one-half the front
yard requirement may apply to one of the front yards, and that yard shall be considered a side
yard.
(2) In the Grouped Country Residential land use district, where a lot fronts onto an internal
subdivision municipal roadway, the front yard setback shall apply to the primary lot frontage as
determined by the Development Authority, but at the Development Authority's discretion, it
may apply only one-half the front yard setback requirement to the other internal municipal
roadway. If one of the side corner roads is a statutory road allowance, the requirement of a
38.1 m (125 ft.) setback shall apply.
(3) If a lot is located on (between) a double-sided road, the applicable lot street frontage shall be
considered as the internal subdivision road or road where primary access is obtained from.
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DIAGRAM 4.3
9.
EXPOSED FOUNDATIONS
The maximum allowable height above the average finished surface level of the surrounding ground
of the exposed portion of a concrete, block, or wood foundation may be limited by the Development
Authority.
10. REFUSE COLLECTION AND STORAGE
(1) In all land use districts, refuse and garbage shall be stored in suitable containers or enclosures.
(2) Refuse and garbage holding areas, including containers, shall be effectively screened from public
view.
(3) In a residential land use district, no outdoor storage of garbage shall be permitted in any front
yard, including any unscreened portion of either front yard on a corner lot except in an approved
enclosure until such time as disposal or pick-up occurs.
(4) All refuse on any construction site shall be properly screened from view and contained in an
approved enclosure until such time as disposal occurs.
(5) In all non-residential land use districts, refuse and garbage holding areas, enclosures, and
compaction areas are to be located a minimum of 7.62 metres (25 ft.) from an adjacent
residential use.
11. FENCES IN RESIDENTIAL AREAS
(1) Hamlets
(a) No fence, wall, vegetation (i.e. shrubs, hedges, bushes, coniferous trees or any other plant
that, in the opinion of the Development Authority, creates a visual obstruction and/or
barrier) or any combination thereof, lying within 7.62 metres (25 feet) of the right-of-way
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Land Use Bylaw No. 24-007
of a public roadway (excluding lanes) shall extend no more than 0.91 metres (3 feet) above
the ground (except in the case of corner lots where one yard is considered as the side yard
as indicated in Section 6 and in accordance with Section 7 of this part) without a permit
issued by the Development Authority
(b) Fences in rear and side yards shall not exceed 1.83 metres (6 ft.) in height.
(2) Grouped Country Residential Areas
(a) No fence, wall, vegetation (i.e., shrubs, hedges, bushes, coniferous trees, or any other plant
that, in the opinion of the Development Authority, creates a visual obstruction and/or
barrier) or combination thereof, lying within 10 metres (33 feet) of the right-of-way of a
public roadway shall extend more than 1.22 metres (4 feet) above the ground without a
permit issued by the Development Authority.
(b) Fences in the rear and side yards shall not exceed 1.83 metres (6 feet) in height and can be
installed to the property line.
(c) Wind screen fences shall meet all applicable setbacks to municipal roads and property lines.
DIAGRAM 4.4
12. FENCES, TREES AND SHELTER BELTS IN RURAL AREAS
In rural areas along local roads, the construction or erection of a fence, hedge or shelterbelt shall
comply with the following:
(a) no fence, hedge or shelterbelt shall be erected which would unduly restrict the vision of
approaching traffic;
(b) fencing surrounding public utility lots shall be as per Lethbridge County Engineering Guidelines
and Minimum Servicing Standards or as stipulated in a Development Agreement;
(c) all fences must be sited to be able to meet the required corner site triangle setbacks to roadways
as depicted in Diagram 4.5;
(d) a chain link, split rail or barb wire type fence may be located adjacent to the property line or
within the required setbacks to a public road, but solid material fences and snow fences must
meet the stipulated setbacks to the public road;
(e) no hedge or shelterbelt shall be erected within the distances to a right-of-way of a public road,
as depicted in Diagram 4.5;
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(f)
wind screen fences shall meet all setbacks to municipal roads and provincial highways as
required for the applicable land use district.
13. DECKS AND AMENITY SPACES
(1) A development permit is required for the construction of any deck 0.61 metres (2 ft.) or more
above grade in height. Deck height is measured from the finished grade to the finished floor
grade of the deck.
(2) A development permit is required for the construction of any deck that is covered or enclosed
(roof or walls), regardless of the height.
(3) A development permit is required for the construction of a deck if it will be attached to a
principal building.
DIAGRAM 4.5
Tree and Shelter Belt Setback Requirements
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Land Use Bylaw No. 24-007
(4) For the purpose of calculating yard setbacks and site coverage requirements as provided in this
bylaw, where a structure is attached to the principal building by a roofed structure (open or
enclosed), it shall be deemed to be part of the principal building and must meet the required
side and rear yard setbacks.
(5) Decks not attached to a building that are not 0.61 metres (2 ft.) or more in height, do not require
a development permit provided they meet the minimum setback requirements for accessory
buildings.
(6) REAR YARD SETBACKS: uncovered decks may encroach into the minimum required rear yard
setback a maximum distance of 3.05 metres (10 ft.).
(7) For the purpose of applying these standards of the bylaw:
(a) a deck means a wooden, or other
similar hard-surfaced platform, with
or without a roof, walls or railings
intended for outdoor living space or
amenity area and which is generally
attached to a building;
(b) a raised deck means a horizontal
structure with a surface height 0.61
metres (2 ft.) or greater above grade
at any point, but generally no higher
than the first storey floor level, and is
intended for use as a private outdoor amenity space;
(c) a ground level deck means an unenclosed (no roof or walls) amenity area of wood, or other
similar material, that is constructed less than 0.61 metres (2 ft.) above grade and is typically
attached to a dwelling;
(d) a ground level patio means an unenclosed (no roof or walls) amenity area of concrete,
brick, wood, or other material that is constructed at grade and may or may not be or
attached to a dwelling.
(8) In accordance with Part 2, Development Not Requiring a Development Permit, decks in the Rural
Agriculture - RA land use district do not require a development permit but may require a
building permit. The applicant shall be responsible for obtaining any required Safety Code
permit pertaining to the construction of a deck.
14. BUILDING SETBACKS
(1) The Development Authority may waive the building setback requirement in a well-established
residential area if, in its opinion, the setback blends in with the prevailing yard pattern.
(2) The Development Authority may require varied building setbacks in new residential areas if, in
its opinion, the variation in setbacks will enhance the development of that area.
(3) The Development Authority may require increased building setbacks other than those listed in
14(1) and (2) if, in its opinion, such setbacks would be necessary.
DIAGRAM 4.6
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15. MINIMUM SETBACKS FOR USES INVOLVING LIVESTOCK OR ANIMALS
(1) All corrals, feeders, shelters or other structures for the feeding of animals less than the numbers
outlined in the Agricultural Operations and Practices Amendment Act 2001 and Regulations shall
not be located closer to a neighbouring residence than 30.48 metres (100 ft.).
(2) All corrals, feeders, shelters or other structures for the feeding of animals less than the numbers
outlined in the Agricultural Operations and Practices Amendment Act 2001 and Regulations shall
not be located within 30.48 metres (100 ft.) of the boundary or right-of-way an irrigation district
canal, creek, stream, river, lake shore or water body.
(3) A large animal veterinary clinic (e.g. cattle, horses, pigs, sheep and goat) shall not be located
within 152.40 metres (500 ft.) of a neighbouring residential building.
(4) A kennel, breeding facility, livestock sales yard or abattoir shall not be located within 300 metres
(1,000 ft.) of a neighbouring residential building.
16. MINIMUM SETBACKS FROM ROADWAYS
(1) No part of a building, structure or development shall be located within:
(a) 38.10 metres (125 ft.) of the centre line of any public roadway which is not designated as a
provincial highway under the Highways Development Protection Regulation, unless
authorized by the Development Authority;
(b) 70.00 metres (230 ft.) of the centre line or 40.00 metres (131 ft.) from the right-of-way
boundary, whichever is greater, of roads designated as provincial highways under the
Highways Development Protection Regulation;
(c) any greater distance that may be required by the Development Authority in order to
facilitate future road widening, service road dedication, to reduce potential snow drifting,
or vision restrictions.
(2) For any development adjacent to provincial roadways classified as a four-lane divided highway
or freeways/expressways, the required setback distances and accesses will be reviewed on a
highway-by-highway/development-by-development basis and shall be as prescribed by Alberta
Transportation.
(3) Where any parcel or part of a parcel has frontage on a provincial highway, special standards for
setbacks, access, and service roadways may be required by Alberta Transportation under the
Highways Development Protection Regulation.
(4) Landscaping and dugout setbacks shall be at the discretion of the Development Authority having
consideration for future road widening and possible adverse effects on the safety of the
roadway.
17. DUGOUTS
(1) No part of any dugout, regardless of size, shall be located within:
(a) 45.72 metres (150 ft.) of the right-of-way of a highway; and
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(b) 38.10 metres (125 ft.) of the centre line, whichever is greater, of any public roadway which
is not designated as a provincial highway under the Highways Development Protection
Regulation, unless authorized by the Development Authority.
(2) In accordance with Part 2, section (4)(h), a dugout or pond is exempt from a development permit
if the applicable setbacks to all roadways (including the required site triangle restriction) and
property lines are met in accordance with the bylaw (setbacks are to include the area for berms,
stockpiles and fencing associated with a dugout or pond);
18. ACCESS
(1) The municipality may, at the time of subdivision or development, require the developer to enter
into an agreement for the construction of any approach(es) necessary to serve the lot or
development area in accordance with Lethbridge County Engineering Guidelines and Minimum
Servicing Standards.
(2) All newly created lots shall have frontage on a public roadway which enables direct physical and
legal access onto that public road. The minimum frontage requirements shall be as defined by
the minimum lot dimensions in the applicable land use district or as required by the Subdivision
or Development Authority.
(3) All new development shall have frontage on and direct physical and legal access to a maintained
public roadway, except for:
(a) development internal to a condominium plan containing private roadways;
(b) development internal to a manufactured home community, dwelling group, or multi-use
development containing internal roadways as approved by the Development Authority;
and
(c) in limited circumstances where the Subdivision or Development Authority has allowed legal
access to be provided by an easement.
(4) To ensure proper emergency access, all developments shall have direct legal and developed
physical access to a public roadway constructed in accordance with Lethbridge County
Engineering Guidelines and Minimum Servicing Standards. If the development is within 304.80
metres (¼ mile) of a provincial highway, direct legal and physical access to a public roadway shall
be to the satisfaction of Alberta Transportation.
(5) Access points adjacent to blind corners, hills, ridges, railway crossings and any other
obstructions shall be positioned so as to provide a reasonably unobstructed view in either
direction of 100.00 metres (328 ft.) on a local road.
(6) The requirement of a service road or subdivision street to provide access may be imposed as a
condition of approval for any new development other than those deemed approved.
Construction and survey costs for a service road shall be the responsibility of the applicant.
(7) The Development Authority may require access to be located so that it can be shared with an
adjoining lot or development.
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19. ACCESS TO AND DEVELOPMENT NEAR PROVINCIAL HIGHWAYS
(1) All accesses on provincial highways shall be approved by Alberta Transportation. The
department will review any development adjacent to a provincial highway and determine
whether an access, existing or proposed, is acceptable.
(2) All land redesignations and new developments that will cause intensified or increased use of any
access to provincial highways shall be approved by Alberta Transportation.
(3) Provincial legislation may require that Alberta Transportation issue a Roadside Development
Permit when development takes place in proximity of the provincial highway system.
20. DRIVEWAYS
(1) In hamlets, vehicle access to and from corner lots shall generally be limited to locations along
the minor street or cul-de-sac.
(2) In hamlets, every vehicular entrance and exit shall be located at least 6.10 metres (20 ft.) from
the intersection of two streets, excluding lanes, and a greater distance where reasonable and
appropriate (reference to 6.10 metres distance illustrated as setback A on Diagram).
(3) In all other cases, every vehicular access
and exit to a parcel shall be located to the
satisfaction of the municipality.
(4) As a condition of a development or
subdivision approval, the Development
Authority or Subdivision Authority may
stipulate the minimum width and type of
private driveways required to ensure
adequate access for emergency vehicles,
applicable to all land use districts.
(5) No access for vehicles will be permitted
from a municipal roadway where, in the
opinion of the Development Authority, there would be an excessive number of access points
onto a roadway.
(6) Outside of hamlets, the minimum parcel frontage or width required to accommodate a private
parcel access or driveway onto a public roadway shall be a minimum of 6.10 metres (20 ft.).
21. DEMOLITION
For the purposes of the application of the Land Use Bylaw, the demolition or removal of buildings
shall be considered a permitted use subject to complying with the following:
(1) No person shall commence or cause to be commenced the demolition or removal of any building
or structure, or portion thereof, until all necessary permits have been obtained unless otherwise
exempted by the bylaw.
DIAGRAM 4.7
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Land Use Bylaw No. 24-007
(2) The demolition or removal of any building or structure 9.29 m2 (100 sq. ft.) or less in size or an
agricultural building located in the Rural Agriculture land use district is exempt from a municipal
development permit in accordance with Part 2, Development Not Requiring a Development
Permit.
(3) A demolition permit must be obtained for the demolition or removal of any building or structure
greater than 9.29 m2 (100 sq. ft.) in size, unless it is deemed by the Development authority to
be exempt as an agricultural building located in the Rural Agriculture land use district.
(4) Whenever a demolition permit is issued for the demolition or removal of a building or structure,
it shall be a condition of the permit that the lot shall be cleared, with all debris removed, and
left in a graded condition upon completion of the demolition or removal to the satisfaction of
the Development Authority.
(5) When a demolition permit is to be approved for the demolition or removal of a building or
structure, the Development Authority may require the applicant to provide a cash deposit, an
automatically renewable irrevocable letter of credit, or other acceptable form of security in such
amount as to occupy the costs of reclamation to any public utility or municipal property if
applicable.
(6) Whenever a demolition or removal of a building or structure is carried out, the property owner
shall, at their own expense, protect any wall, structure, sidewalk, landscaping (hard and/or soft)
or roadway liable to be affected by such demolition or removal, including those on neighbouring
properties, from damage or displacement.
(7) The Development Authority may require as a condition of the demolition or development permit
that the site be fenced and screened to ensure adequate public safety.
(8) The applicant shall be responsible for obtaining all necessary Safety Codes approvals and utility
service disconnections before demolition or removal of buildings or structures.
(9) A development permit for demolition may be treated as a discretionary use by the Development
Authority, if it is combined and processed in conjunction with a discretionary use development
permit application. Demolition may also be approved through the issuance of a development
permit if it is processed in conjunction with a permitted use development permit application.
(10) At the discretion of the Development Authority, affected landowners or utility agencies may be
notified of the application prior to the issuance of the permit.
22. EXCAVATIONS
For the purpose of this bylaw, an excavation shall be considered a development and is subject to the
requirements of obtaining a development permit from the municipality, unless otherwise exempted
in the bylaw.
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General Land Use Provisions Part 4 | 13
23. UTILITY EASEMENTS
(1) No development permit may be issued for a development that encroaches into or over a utility
easement or right-of-way without the written consent of the easement owner or the person
whose utility line is found in the easement, or both.
(2) All development permit applications submitted to the municipality shall illustrate on the site
plan the specific location any easements or utility rights-of-way on the parcel. Prior to deeming
a development permit application complete, the Development Authority may require a
developer or landowner to provide utility easement or right-of-way information in the form of
agreements or registered plans.
24. PIPELINE AND OTHER UTILITY CORRIDOR SETBACKS
Any development involving pipeline and/or power line transmission rights-of-way shall be sited to
comply with all relevant Federal and Provincial legislation. Setbacks from pipelines and other utility
corridors shall be in accordance with appropriate Provincial Regulations or Acts and any regulations
or directives established by the Alberta Energy Regulator (AER).
25. LANDSCAPING AND SCREENING
(1) The Development Authority may impose landscaping or screening requirements on
development applications for permitted and discretionary uses if, in their opinion, they would
serve to improve the quality or compatibility with nearby uses of any proposed development.
Landscaping or screening requirements will usually be required for business, commercial or
industrial developments, especially adjacent to transportation corridors and within commercial
or industrial parks.
(2) Landscape securities shall be provided if requested by the Development Authority, with the
minimum deposit amount as determined sufficient by the Development Authority, which shall
be held until an inspection has been completed by the municipality to determine compliance.
(3) The Development Authority may require that a high-quality landscape plan/design be submitted
for review and approval by the municipality:
(a) as part of a development permit application prior to being deemed complete; or
(b) as a condition of a development permit approval.
(4) The front yard (except for sidewalks and driveways) shall be landscaped to the satisfaction of
the Development Authority.
(5) In the case of corner lots, the minor street frontage shall also be landscaped to the satisfaction
of the Development Authority.
(6) Landscaping may consist of any or all of the following:
(a) trees, shrubs, lawn, flowers;
(b) large feature rocks, bark chips, field stone;
(c) berming, terracing;
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Land Use Bylaw No. 24-007
(d) other innovative landscaping features.
(7) Within hamlets and the Grouped Country Residential land use district, landscaping of lots shall
be carried out within two years of the date a development permit is issued, to the satisfaction
of the Development Authority. In other districts, the landscaping shall be carried out within the
time prescribed on the development permit approval.
(8) In addition to any other provisions of this bylaw, landfill sites, gravel pits, sewage lagoons,
sewage treatment plants, commercial or industrial storage yards and other similar forms of
development may be required to be screened from view by a vegetated buffer strip or some
other form of screening.
(9) The Development Authority, in considering a development permit application, may impose
conditions requiring the retention of trees or additional plantings of such a type and extent that
are considered necessary.
(10) If landscaping is required as a condition of a development permit approval, the Development
Authority may impose any or all of the following standards:
(a) If water is readily available, soft landscaping guidelines pertaining to more typical or
traditional forms of landscaping (not including xeriscaping or xerigardening) that shall be
provided must be in consistency with following (at a minimum):
(i)
trees must be planted in the overall minimum ratio of one tree per 130 m2 (1399 sq.
ft.) of landscaped area provided;
(ii) the mixture of tree sizes at the time of planting must be equivalent to a minimum of
50 percent larger trees;
(iii) at the discretion of the Development Authority, the mixture of tree sizes at the time
of planting may be equivalent to 2/3 trees with an option of providing 1/3 remaining
with shrubs with no less than 3.0 shrubs per tree;
(iv) all plant materials shall be planted according to good horticultural practice;
(v) selection of plant varieties shall be based on regional climatic conditions, constraints
of location, effectiveness in screening (if required), resistance to disease and insect
attack, cleanliness, appearance and ease of maintenance;
(vi) wherever space permits, trees shall be planted in groups;
(vii) if trees are planted, the minimum requirements for tree sizes at the time of planting
shall be:
Table 1
TREE TYPE
CALLIPER / HEIGHT
Deciduous trees (small)
40 mm calliper
Deciduous trees (large)
80 mm calliper
Coniferous trees (small)
1.5 metres height
Coniferous trees (large)
2.5 metres height
Shrubs
0.5 metres height or spread
(b) If water is not available, xeriscaping or xerigardening, which refers to landscaping and
gardening in ways that reduce or eliminate the need for supplemental water from
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General Land Use Provisions Part 4 | 15
irrigation and emphasizes plants whose natural requirements are appropriate to the local
climate, shall be highly encouraged. Xeriscaping or xerigardening may include
incorporating rocks, mulch, boulders in the design, but it must also focus on including
some form of greenery (plants) that require less water.
(11) Additional landscaping that may be required at the discretion of the Development Authority
may include, but is not limited to, the following:
(a) additional separation, or buffering, between adjacent land uses;
(b) the use of trees, shrubs, fences, walls, and berms to buffer or screen uses of negative
impact; and
(c) the use of trees, shrubs, planting beds, street furniture and surface treatments to enhance
the appearance of a proposed development.
(12) Where any parcel or part of a parcel adjacent to a provincial highway is used for outdoor
storage of goods, machinery, vehicles, buildings, or waste materials, the Development
Authority shall require screening by buildings, fences, hedges, trees, berming, or other
landscaping features to their satisfaction.
(13) Where screen planting is required, low water use and indigenous species should be used, but
evergreen trees and flowering trees are acceptable.
(14) Fencing shall only be utilized for the visual screening of outside storage, waste/garbage,
equipment, product, vehicles or for security purposes provided it is located in the side or rear
yards of the principal building. At the discretion of the Development Authority, decorative
fencing may be permitted in the front yard of a principal building in compliance with the
standards of the Land Use Bylaw and any approved architectural controls. Additionally, fencing
may be permitted in the front yard of a principal building at the discretion of the Development
Authority with consideration of the following:
(a) it may be exempted in older, well established industrial or commercial areas in
consideration of the existing prevalent yard and neighbourhood patterns;
(b) where no principal building is present on parcel or the use is for outdoor storage;
(c) where municipally approved architectural controls are present and/or the area structure
plan for the land or business park enables such use;
(d) on corner lots, the required site corner triangle setbacks must be able to be adhered to.
If the above described criteria cannot be met, fencing shall only be utilized for visual screening
in the side and rear yards of the principal building.
(15) The location, type, height or size of visual screening that may be required shall be provided as
determined necessary at the discretion of the Development Authority.
(16) To the satisfaction of the Development Authority, the following shall be enclosed from view, or
screened to soften the visual impact on adjacent or proximal sites, public roadways, and public
thoroughfares:
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Land Use Bylaw No. 24-007
(a) all heating, ventilating, and air conditioning (HVAC) apparatus on the roof, with the
exception of solar power;
(b) outside storage areas;
(c) exterior work areas;
(d) garbage, waste, and waste handling and collection areas;
(e) wrecked or damaged motor vehicles;
(f)
outdoor service areas, including any loading and vehicular service areas, that are visible
from an adjacent residential property or from a public road other than a lane;
(g) bulk outdoor storage, including but not limited to auto wrecking, lumber yards, pipe
storage, vehicle storage and similar uses; and
(h) the parking or storage of large trucks, tractor-trailers, and heavy industrial equipment.
(17) Limited outside storage display areas may be allowed at the discretion of the Development
Authority, provided that they are limited to examples of equipment, products, vehicles or items
sold by the business use located on the subject site containing the display area, are not located
within any required setback, and are not located on any required and approved landscaping
area.
(18) The location, length, thickness and height of screening shall be in accordance with the
Landscaping Plan or Development Permit approved by the Development Authority.
(19) Such screening shall be maintained to mitigate visual impact from the ground to a height of
1.98 metres (6.5 ft.), or as may be stipulated as a condition of Development Permit.
(20) Where, because of the height of materials stored, a form of screening to a height of 1.98 metres
(6.5 ft.) would not be sufficient, a form of screening with sufficient height to mitigate the view
shall be provided, to the satisfaction of the County.
26. DRAINAGE, SITE GRADING AND RETAINING WALLS
(1) The Development Authority may require as a condition of development approval:
(a) engineered grading and drainage plans for the development;
(b) a legal land survey demonstrating that engineered grades have been met;
(c) grading and other measures, as appropriate, to control surface drainage, reduce or
eliminate grade difference between adjacent lots, and minimize erosion or slope instability;
(d) the final grades of the development must be approved by the Development Authority
before the issuance of a building permit;
(e) the applicant is responsible for ensuring adherence to final grades.
(2) At the discretion of the Development Authority, the applicant shall be required to grade a parcel
in such a manner that all surface water will drain from the building and other site improvements.
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General Land Use Provisions Part 4 | 17
(3) The Development Authority or Subdivision Authority may require the applicant of a
development or subdivision to provide at their expense, a storm water drainage management
plan prepared by a licensed professional engineer as part of the information requirements in
considering an application or as a condition of approval.
(4) The Development Authority or Subdivision Authority may refuse to approve a development
permit or a subdivision application if it cannot be demonstrated to the satisfaction of the
relevant approval authority that storm water drainage can be suitably managed.
(5) The Development Authority may require an applicant to provide a site grading plan for any
development if there is the possibility the development may block drainage, natural drains or
drain water onto neighbouring lands.
(6) The Development Authority may require the construction of a retaining wall as a condition of a
development permit if, in his opinion, significant differences in grade exist or will exist between
the parcel being developed and adjacent parcels.
(7) As a condition of a development permit, the Development Authority may require special grading
and/or paving to prevent surface drainage problems with neighbouring lots.
(8) Where no specific engineered grading and drainage plan is submitted or requested for a
development, the Development Authority may establish and specify building grades at its
discretion.
(9) In no instance shall a lot owner develop, construct, regrade or alter the grading of a lot where it
would result in improper drainage or adversely impact a neighbouring property owner or cause
flooding.
27. LOW IMPACT DEVELOPMENT (LID)
(1) Low Impact Development (LID) consists of a set of best management practices (BMPs) which
seek to reduce storm water quantity and improve storm water quality at its source. These
practices include but are not limited to:
(a) green roofs;
(b) bioretention areas;
(c) porous pavement;
(d) water re-use; and
(e) bioswales.
(2) LID measures such as those described above may be required by the County to be implemented
on new development projects, renovations to existing buildings, or revisions to existing
developments/subdivisions or parcels of land by individual land owners. These measures may
be mandatory for land development and required as part of an area structure plan, conceptual
design scheme, or condition on a development permit approval, as determined necessary by
County Council or the Development Authority.
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Land Use Bylaw No. 24-007
(3) As part of a sustainable neighbourhood design, landscaping may be required to utilize native
vegetation wherever possible to reduce the irrigation demand (xeriscaping). Irrigation of public
areas with reclaimed water and storm water from centralized storm ponds is an option to
further reduce potable water demands.
28. SERVICES, TRANSPORTATION AND UTILITIES FACILITIES
(1) An application to locate or expand a land use shall not be approved unless, in the opinion of the
Development Authority, the proposed use will not have a detrimental effect on any:
(a) transportation or communication system, including highways, railway, airport site or
communication facility; or
(b) regionally significant services or utilities facilities, including irrigation works, pipelines and
power transmission lines.
(2) Any application for development located in the vicinity of a sour gas pipeline shall be circulated
to the Alberta Energy Regulator (AER) for comment prior to a decision being made on the
application.
29. OBJECTS PROHIBITED OR RESTRICTED IN YARDS
(1) In accordance with the applicable land use district, the number of recreational vehicles that shall
be stored or parked on a parcel shall not exceed the number as specified in a land use district or
unless otherwise approved by the Development Authority.
(2) A recreational vehicle parked on a lot in any district shall not be used for permanent living or
sleeping accommodation.
(3) Unless otherwise authorized in the bylaw and allowed in a land use district as a permitted or
discretionary use, shipping containers (or c-containers, sea-containers) are prohibited from
being used or stored in yards. (See Section 36 of Part 5 - Use Specific Provisions)
30. OFF-STREET PARKING REQUIREMENTS FOR NON-AGRICULTURAL USES
APPLICABILITY
(1) The off-street parking and loading requirements and design standards apply to:
(a) all new buildings and uses;
(b) the expansion or enlargement of existing buildings or uses; and
(c) a change in a land use.
(2) In the case of expansion or enlargement of an existing building or use, additional off-street
parking spaces will be required to serve the expanded or enlarged area only, not the entire
building or use.
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General Land Use Provisions Part 4 | 19
GENERAL REQUIREMENTS
(3) Parking areas shall be laid out and delineated in a manner which will provide for orderly parking
(see diagram on following pages).
(4) The Development Authority may require that driveways and parking areas or portions thereof
be properly gravelled or hard surfaced (e.g., asphalt, concrete, pavement, stones).
(5) All parking spaces shall be provided on the same lot as the building or use, except where the
Development Authority may permit parking space to be on a lot within 152.40 metres (500 ft.)
of the building or use if, in his opinion, it is impractical to provide parking on the same lot as the
building or use. Where such other parking space is provided, a caveat, to the approval of the
Development Authority, shall be registered against the lot.
MINIMUM REQUIRED OFF-STREET PARKING
(6) Table 2, Minimum Required Off-Street Parking, shall be used to calculate the minimum number
of off-street parking spaces a use is required to provide.
(7) Off-street parking requirements based on floor area are to be computed on the gross floor area
(GFA) of the building.
(8) Calculation of off-street parking requirements resulting in a fractional number of 0.5 or greater
shall be rounded up and rounded down when resulting in a fractional number of 0.49 or less.
(9) A multiple use development must provide parking in an amount equal to the number of spaces
for all uses, except where a shared parking provision is approved by the Development Authority.
A shared parking provision based upon the proposed sharing of parking spaces between two or
more uses must include a written agreement between the owners on record. Where such off-
site parking is approved, a caveat shall be registered against the lot to guarantee the continuous
use of the site for parking.
(10) Where a use is not listed, minimum required off-street parking shall be provided as required by
the Development Authority having regard to the listed use that is most similar to the proposal.
As an alternative, the Development Authority may require a parking study prepared by a
qualified professional at the applicant's expense to determine the parking requirements for a
use not listed.
Table 2 - Minimum Required Off-Street Parking
USE
MINIMUM PARKING SPACES
RESIDENTIAL
Dwellings:
Single-detached dwellings (all types)
Duplex and semi-detached dwellings
Multiple family dwellings
Single- and double-wide mobile homes
2 spaces per dwelling unit
2 spaces per dwelling unit
1.5 spaces per unit
2 spaces per unit
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Land Use Bylaw No. 24-007
Bed and breakfast/Tourist Homes /Short Term
Rentals
1 off-street parking space for each guest room plus
the parking requirements for the dwelling
Day Care
1 pick-up/drop-off space per 10 children plus 1 space
per employee
Day Home
2 spaces per dwelling
Home Occupations
-
Home occupation 1
-
Home occupation 2
-
Home occupation 3
No additional (just regular 2 per dwelling)
1 additional space (in addition to 2 per dwelling)
1 additional space per employee (in addition to 2 per
dwelling)
Secondary suites
1 space per unit (in addition to principal dwelling
units 2 per dwelling)
Senior citizen housing
1 space per 2.5 dwelling units
PUBLIC AND INSTITUTIONAL
Governmental (e.g., civic offices, government
offices, library)
1 space / 46.45 m2 (500 sq. ft.) of GFA
Group Care (facility)
Group Home (within a residence)
1 space per 3 client rooms plus 1 per employee
2 spaces per each dwelling unit plus 1 space per
employee
Schools - Elementary, Junior High, Educational
Instruction Facilities
Schools - High School
1.5 per employee or more as required by the
Designated Officer
3 spaces per classroom
Hospitals, Clinics
1 space per 3 beds or 1 per examination/patient
room
Public assembly (e.g., churches, private or
public halls, clubs, auditoriums)
1 space per 6 seating places
Public or private utilities
As required by the Development Authority
Passive recreation, Parks, Playgrounds
As required by the Development Authority
Public and Institutional (not specified)
As required by the Development Authority
COMMERCIAL
Licensed premises (bars, lounges)
1 space per each 2 seating places
Hotel, motel and other guest lodging
1 space per guest room plus 1 per on-site employee
Restaurants, cafes, food establishments
1 space per employee and 1 for each 4 seats
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General Land Use Provisions Part 4 | 21
Retail, Sales and Service commercial uses,
Personal Services, Banks, Financial Services,
Offices
1 space / 37.16 m2 (400 sq. ft.) of GFA
Service stations/gas bars
1 space / 37.16 m2 (400 sq. ft.) of GFA
Recreation facility, public or private
1 space / 27.87 m2 (300 sq. ft.) of GFA
Commercial (not specified)
As required by the Development Authority
INDUSTRIAL
Autobody sales & service, Auto repair/paint
shop
1 space /46.45 m2 (500 sq. ft.) of GFA
Business support service
1 space / 46.45 m2 (500 sq. ft.) of GFA
Car wash/Truck wash
1 space per employee (plus required queuing
stacking space per bylaw standards)
Manufacturing and Processing, Construction
supply and contractor, Landscaping materials
sales, Light industry/ manufacturing, Grain
elevators/seed cleaning, Auctioning
establishment, Equipment sales, Warehousing/
Wholesale trade
1 space / 65.03 m2 (700 sq. ft.) of GFA
Mini-storage, Indoor & Outdoor Storage
As required by the Development Authority
Specialty manufacturing/rural cottage industry,
Transportation/delivery service
1 space / 46.45 m2 (500 sq. ft.) of GFA
Industrial (not specified)
1 space per employee or more as required by the
Development Authority
All other (any use not specifically listed)
As required by the Development Authority
BARRIER-FREE PARKING
(11) The minimum number of barrier-free parking spaces to be provided for shall be a portion of the
total number of off-street parking spaces required, in accordance with Table 3, Barrier-Free
Parking Spaces.
(12) Each barrier-free parking space for the disabled shall be:
(a) at least 3.66 metres (12 ft.) wide;
(b) have a firm, slip-resistant and level surface;
(c) be clearly marked as being for the use of persons with disabilities only.
(13) Where there are two or more adjacent barrier-free parking stalls, a 1.52 metres (5 ft.) wide
access aisle shall be provided between the stalls.
(14) Barrier-free parking stalls shall be clearly identifiable in accordance with Safety Codes.
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Land Use Bylaw No. 24-007
(15) There must be a well-lit, distinguishable, barrier-free path of travel from the parking areas to
the building entrance.
(16) The Development Authority may require an additional number of spaces be provided when the
purpose or use of the building facilities may cause an increase in the number of seniors or
persons with disabilities who require accessible parking, such as, but not limited to, medical
services and restaurants.
Table 3 - Barrier-Free Parking Spaces
Number of parking spaces required for a use
Number of barrier-free spaces required
for use by persons with disabilities
0-10
11-25
26-50
51-100
for each additional increment of 100 or part
thereof
0*
1
2
3
one additional stall
* Development is encouraged to provide at least one barrier-free parking space for use by persons
with disabilities.
LOADING SPACE REQUIREMENTS
(17) One loading space shall be provided for each loading door.
(18) The minimum dimensions for a loading space shall be 3.05 metres (10 ft.) by 9.14 metres (30 ft.)
with an overhead clearance of 3.96 metres (13 ft.).
(19) Each loading area shall provide a doorway into the building sufficient to meet the needs of the
use within the building.
(20) Each loading area shall be designed in such a manner that it will not interfere with convenient
and safe pedestrian movement, traffic flow or parking.
(21) The Development Authority may require additional loading areas or doors if such additional
areas or doors are deemed necessary.
(22) The Development Authority may consider a joint loading area for two or more uses if such a
loading area would facilitate orderly development or relieve congestion in the immediate area.
STACKING SPACES FOR DRIVE-THROUGH USES
(23) In addition to the off-street parking requirements, a drive-through use is required to provide the
following minimum stacking spaces:
Restaurant use:
30.48 metres (100 ft.) from order box to pick-up window and
24.38 m (80 ft.) from order box to street/property line
Gas station:
9.14 metres (30 ft.) from each end on pump island
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General Land Use Provisions Part 4 | 23
Bank machine:
22.86 metres (75 ft.) from bank machine window to
street/property line
Car wash:
15.24 metres (50 ft.) from car wash entrance to street/property
line
Other:
As determined by the Development Authority
(24) The minimum stacking space requirements in Section (23) above may be varied by the
Development Authority depending upon the intensity of the proposed development.
OFF-STREET PARKING DESIGN STANDARDS
(25) Off-street parking areas shall be accessible and designed in a manner which will provide for
orderly parking in accordance with the minimum parking space dimensions in Table 4, Minimum
Parking Space Dimensions and Figure 1, Minimum Parking Space Dimensions.
(26) Parking space designs proposing tandem or stacked parking to a maximum of two vehicles per
stall may be approved by the Development Authority provided the spaces are for employee
parking only.
(27) The stall width and depth requirements for an off-street parking space may be reduced by the
Development Authority where spaces are designed to accommodate compact vehicle parking.
(28) Where a use or development may need to accommodate over-sized vehicles such as tractor-
trailers, large recreational vehicles, buses or other similar vehicles, the Development Authority
may require larger parking space and aisle dimensions.
(29) Off-street parking areas shall be constructed in a manner which will permit adequate drainage,
snow removal, and maintenance.
(30) Off-street parking spaces adjacent to a road right-of-way shall be provided with bumper blocks,
curbing or other similar protective feature to ensure public safety and prevent vehicle overhang.
(31) The Development Authority may require that off-street parking areas or portions thereof be
paved as a condition of approval.
Table 4 - Minimum Parking Space Dimensions
A: Parking Angle
B: Stall Width
C: Stall Depth
D: Aisle Width
Degrees
Metres
Feet
Metres
Feet
Metres
Feet
0
2.44
8.0
6.71
22
3.66
12
30
2.74
9.0
5.49
18
3.35
11
45
2.59
8.5
6.10
20
3.96
13
60
2.59
8.5
6.40
21
5.49
18
90
2.90
9.5
5.64
18.5
7.32
24
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Land Use Bylaw No. 24-007
Figure 1: Minimum Parking Space Dimensions
31. PERMITTED PROJECTIONS INTO SETBACKS
(1) In no circumstances shall any part of any structure encroach or cause runoff on an adjoining
property.
(2) The following features may, subject to the relevant provisions of Safety Codes, project into the
required setbacks under this bylaw:
(a) unenclosed steps or unenclosed fire escapes;
(b) a wheelchair ramp at the discretion of the Development Authority;
(c) fences or walls to the property line in accordance with the applicable land use district and
the Corner Lot Sight Triangle requirements;
(d) driveways, curbs and sidewalks;
(e) off-street parking in accordance with the applicable land use district and the Corner Lot
Sight Triangle requirements;
(f)
cooling units not to exceed 0.91 metres (3 ft.);
(g) mailboxes;
(h) landscaping, fish ponds, ornaments, flagpoles less than 4.57 metres (15 ft.) in height, or
other similar landscaping features in accordance with the Corner Lot Sight Triangle
requirements;
(i)
temporary swimming pools in accordance with the applicable land use district; and
(j)
signs, in accordance with Part 6 (Sign Regulations).
(3) The portions of an attachment to a principal structure which may, subject to the relevant
provisions of Safety Codes, project over a setback are as follows:
(a) eaves, fireplaces, belt courses, bay windows, cornices, sills or other similar architectural
features may project over a side setback as permitted under the relevant provisions of
Safety Codes and over a front or rear setback a distance not to exceed 1.22 metres (4 ft.);
B
D
A
A: Parking Angle
B: Width Of Stall
C: Depth Of Stall
D: Width Of Aisle
C
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General Land Use Provisions Part 4 | 25
(b) a deck, balcony, porch, veranda, cantilever, or other similar feature may project over a
front, rear or side setback a distance not to exceed 1.22 metres (4 ft.).
(4) In all cases, projections into any required setback must comply with the requirements of Safety
Codes.
32. LIGHTING
Site lighting may be required as a condition of development and any such lighting shall be located
and/or oriented as required by the Development Authority.
33. HERITAGE CONSERVATION / HISTORICAL SITES AND VARIANCE PROVISIONS
The intent of these policies and standards is to preserve and protect historical buildings and
landscapes which become landmarks and touchstones for the community, as the retention of historic
elements serves to moderate the impact of rapid societal change.
The Federal Standards & Guidelines for the Conservation of Historic Places in Canada and the Alberta
Historical Resources Act may be used to provide for the means to identify and protect historic
resources in the municipality.
(1) The Development Authority may relax or vary a standard of the bylaw pertaining to site
coverage, setbacks, height restrictions, access, parking and loading requirements, lot
dimensions and sizes, if it is to accommodate the preservation or redevelopment of a building
or development that has been officially designated as a historic building or site or meets the
criteria in Section (2) below.
(2) Sites or buildings considered as eligible to receive special consideration under the land use bylaw
include; archaeological sites, cultural landscapes, ethnic and local heritage sites, pioneer and
agricultural sites, schools, churches and community halls, historic commercial buildings or
structures, transportation heritage and cemeteries.
(3) In consideration of Sections 33(1) and (2), the Development Authority may waive certain
requirements of the standards of the land use bylaw subject to the following conditions:
(a) the proposed work on the site would be compatible with and sympathetic to the character
and context of the heritage site according to the federal heritage Standards and Guidelines
for the Conservation of Historic Places in Canada;
(b) the heritage character-defining elements of the site are maintained;
(c) the existing buildings or use would be compromised if strict adherence to the land use
bylaw standards were enforced;
(d) legal protection, in the form of a heritage designation or a covenant, may be a pre-requisite
for any municipal heritage incentive.
(4) Where Council has, after giving the owner 60 days notice, designated by bylaw a historic
resource within the municipality whose preservation it considers to be in the public interest,
together with any land in or on which it is located that may be specified in the bylaw as a
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Land Use Bylaw No. 24-007
"Municipal Historic Resource", no person shall alter or destroy or repair the resource without
the approval of Council or a person appointed by Council.
(5) In conjunction of a development permit application submitted for a proposal declaring to be a
historic building or site, the Development Authority may request that the applicant provide
verification that the building, site or land has obtained official historic designation.
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B. SERVICING AND SITE SUITABILITY
34. RURAL SERVICING STANDARDS AND SOIL SUITABILITY
SEWAGE SERVICING REQUIREMENTS
(1) Where a development requires a means of sewage disposal or treatment, the developer shall
be required to install a sewage disposal system in accordance with Lethbridge County
Engineering Guidelines and Minimum Servicing Standards or other system as approved by the
municipality. The Subdivision Authority may refuse to approve an application for subdivision or
the Development Authority may refuse to approve an application for a development if the parcel
on which it is proposed is not large enough to support a sewage disposal system to the standard
required.
ON-SITE PRIVATE SEWAGE SYSTEMS
(2) The Development Authority or Subdivision Authority may ask for a professional soil test/analysis
at any time it is of the opinion it is warranted, to determine the soil texture and the suitability
of the land for private sewage septic systems in relation to the development or subdivision
proposal.
(a) required on parcels that are less than 0.8 hectares (2 acres) in size
(b) required where a development is on a coulee slope or near a river/lake
(3) The soils test/analysis must be carried out in accordance with the Alberta Private Sewage
Systems Standard of Practice 2022 (or subsequent update).
(4) All on-site private sewage treatment systems, including the holding tank and field or
lagoons/ponds, must be located entirely within the legal property boundaries of the dwelling or
building the system is associated with.
(5) All required distances the private sewage treatment system must be setback from the various
attributes and property lines of the site shall be as per stipulated in the Alberta Private Sewage
Systems Standard of Practice 2022 (or subsequent standard update).
(6) Residential developments are required to have an on-site private sewage treatment system (i.e.,
septic field, mound) and sewage holding pump-out tanks may only be considered at the
discretion of the Development Authority in unique circumstances (e.g., topography or soils does
not support it) and where no other reasonable alternative is available.
(7) For non-residential developments where the volume of daily waste produced is considered low,
and in the opinion of the Development Authority, either a sewage treatment system (i.e., septic
field, mound) is not necessary or soil or water table conditions are such that no other reasonable
alternative is available, the Development Authority may allow the use of a sewage holding
pump-out tank at its discretion.
(8) Where an area structure plan or conceptual design scheme approved by the municipality has
indicated the type of private sewage treatment system to be provided for the development, the
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developer shall be required to provide the type of system referenced in the plan and adhere to
any specific soil or system installation recommendations or requirements.
(9) The Development Authority may, as a condition on a development permit for a dwelling or
building that requires a private septic sewage system, require that the applicant be responsible
for having the private septic sewage system installed to meet all provincial regulations or
standards including the Alberta Private Sewage Systems Standard of Practice 2022 (or
subsequent standard update).
COMMUNAL TREATMENT SYSTEMS
(10) For multi-lot, clustered or grouped country residential developments, Lethbridge County may
consider as an acceptable method to treat sewage effluent. In determining the suitability of
allowing such systems, the municipality may take into consideration:
(a) the type of system proposed and the technology involved in the treatment;
(b) the engineering specifications and documented operating record of such systems;
(c) if Alberta Environment would approve the system;
(d) the projected life cycle of such a system;
(e) the annual maintenance and operating costs;
(f) the required monitoring and reporting of the system and what level of certification of the
operator is required;
(g) the proposed access, fencing, and security of the infrastructure associated with the
treatment system;
(h) the location of the system and its associated infrastructure or disposal area and the
proximity to adjacent or nearby land uses;
(i)
if a setback waiver request is needed in relation to any nearby or proposed residences
determined to be located within the provincially regulated 300 metres (984 ft.) setback
requirement of the Municipal Government Act Matters Relating to Subdivision and
Development Regulations;
(j)
if the parcel the system is to be located on is to be designated as a PUL to the dedication of
Lethbridge County;
(k) comments or recommendations from the Regional Health Authority, Alberta Environment,
and any other government or referral agency;
(l)
any other matter Lethbridge County deems relevant to the proposal and consideration of
approval of the treatment system.
(11) At its sole discretion and prerogative, Lethbridge County may accept or may refuse to approve
or accept any communal sewage treatment system.
(12) The costs related to the preparation of an engineering report and application to be submitted
to Lethbridge County, in support of a setback waiver request in relation to the provincially
regulated 300 metres (984 ft.) setback requirement to a communal sewage treatment system,
shall be borne entirely by the developer, unless otherwise agreed to by Lethbridge County.
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(13) If approving a communal sewage treatment system, Lethbridge County may at the time of
subdivision or development, require the developer to enter into a development agreement with
the municipality for the construction and installation of the system necessary to serve the
subdivision or development at the applicant's expense.
MUNICIPAL TREATMENT SYSTEMS
(12) If a development is proposing to install, extend, or connect to a municipal sewage treatment
system, Lethbridge County may consider approval of such requests at its own discretion. An
applicant proposing this method will be requested to obtain written authorization from the
County consenting to such prior to a subdivision or development permit application being
deemed complete, unless this has been specified in other agreements with the municipality.
POTABLE WATER
(13) All subdivisions shall have a potable water supply suitable to Lethbridge County and Alberta
Environment and Protected Areas.
(14) The Subdivision Authority may refuse to approve an application for subdivision, or the
Development Authority may refuse to approve an application for a development, if the
proposed source of water is deemed to be not acceptable or cannot be verified.
35. WATER ACT REQUIREMENTS
The provincial Water Act came into force in January 1999. It is the intent of the provincial
government to eventually adopt Water Management Plans (WMPs) for all water basins in Alberta.
Until such time these plans are prepared and put into practice in accordance with provincial
guidelines, Lethbridge County shall meet the legislative requirements of section 23 of the Water Act
regarding subdivision and development by applying the following policies:
(1) Prior to the preparation of a water management plan (WMP), Lethbridge County shall require
that a certified water report be prepared for any application for subdivision approval or a
proposed land use redesignation which proposes to create six or more parcels of land in a
quarter section where the water is not being provided by a licensed or municipal source.
(2) All certified reports shall be prepared in accordance with the Report Requirements under Section
23 of the Water Act for Subdivision Development as produced by Alberta Environment,
September 1999.
(3) The certified report shall be forwarded to the Regional Director for the Water Act for
interpretation, evaluation and comment.
(4) All costs associated with the preparation, evaluation, interpretation and/or distribution of the
said report shall be borne by the registered owner or the agent authorized to act on behalf of
the registered owner.
(5) At its sole discretion, Lethbridge County may charge additional fees to ensure that any certified
report is referred to the appropriate authorities for evaluation and interpretation pursuant to
section 61 of the Municipal Government Act.
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(6) Upon the preparation and subsequent adoption of a water management plan within Lethbridge
County, these policies shall be reviewed, re-evaluated and modified if necessary.
36. STORM WATER MANAGEMENT
(1) The Subdivision Authority or Development Authority may require the applicant of a
development or subdivision to provide at their expense, a storm water drainage management
plan prepared by a licensed professional engineer as part of the information requirements in
considering an application or as a condition of approval.
(2) As a condition of a subdivision or development application approval, the Subdivision Authority
or Development Authority may impose any of the requirements outlined in Part 1, Section 20
and 28(2) and section 26 of this Part.
(3) All storm water drainage management plans submitted to the municipality must be prepared to
the satisfaction of Lethbridge County in accordance with Alberta Environment and Sustainable
Resource Development's Stormwater Management Guidelines and Lethbridge County
Engineering Guidelines and Minimum Servicing Standards, Lethbridge County Storm Water
Management Master Plans, or other required municipal standards or policies as directed by the
County.
(4) When Alberta Environment and Protected Areas approval is required for a storm water drainage
management plan, the applicant is responsible for obtaining the necessary approval and filing a
copy of the approval or refusal with the municipality once the application decision has been
issued by the provincial department.
(5) The Development Authority may require the applicant of a development to provide at their
expense, a lot grading or finished elevation plan prepared by an Alberta Land Surveyor,
professional engineer or architect as part of the information requirements in considering an
application or as a condition of approval.
37. DEVELOPMENT OF LANDS SUBJECT TO SUBSIDENCE OR FLOODING
(1) If, in the opinion of the Subdivision or Development Authority, land upon which development is
proposed is subject to subsidence or flooding, the relevant Approval Authority may require the
applicant to submit a structural building plan prepared and sealed by a qualified professional
engineer, and/or a slope stability analysis, and/or geotechnical report, and/or flood mapping
prepared by a qualified professional engineer demonstrating that any potential hazards can be
mitigated.
(2) Development requiring a development permit must be set back a minimum of at least 20 metres
(65.6 ft.) from the boundary of a naturally occurring watercourse unless an engineering study,
as required by Sections 38(1) or (6) is provided.
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DIAGRAM 4.8
(3)
New development within the flood hazard area (consisting of both the floodway and flood
fringe) shall be strongly discouraged; however, should the Subdivision or Development
Authority consider it appropriate, a development may be allowed in the flood fringe area subject
to the following requirements:
(a) development shall be restricted to non-residential buildings or structures that can be
adequately protected to minimize potential flood damage, and
(b) the first floor and mechanical and electrical installations within any structures or buildings
shall be a minimum of 0.5 metres (1.6 ft.) above the 1:100 year flood elevation level, and
(c) the lowest elevation of any unprotected opening shall not be less than 0.5 metres (1.64 ft.)
above the 1:100 year flood elevation.
(4) Buildings shall have no "finished" floor space developed below the 1:100 year flood elevation.
This includes a crawl space under a dwelling.
(5) The applicant must provide information on the grade elevations of the proposed building site,
the building, as well as the building openings and mechanical or electrical equipment all
referenced in geodetic elevations.
(6) Before a development permit is issued, the Development Authority may require that the
applicant provide a certificate containing the seal and signature of a Professional Engineer of
The Association of Professional Engineers and Geoscientist of Alberta (APEGA) or Architect
indicating that the requirements listed above have been met and that the building or structure
is adequately protected against flood damage to the 1:100 year flood elevation.
(7) The Subdivision or Development Authority may consult with Alberta Environment and Protected
Areas or other appropriate organization or individual to assist in determining high-water marks,
flood hazard/risk area, banks and the level of a lake, dam, river or other waterway taking into
account 1:100 water levels, wind set-up and wave run-up.
(8) If an existing parcel is contained within a 1:100 year flood plain, in whole or in part, so that the
parcel has no developable area, any residential building or principal building on that parcel must
satisfy the provisions of Section38(4).
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(9) Where flood plain/slope information is not available, but the Development Authority believes
that lands may be subject to flooding, the Authority may require that development requiring a
development permit be set back such distance as the Authority considers reasonable and
appropriate to minimize the risk of flooding.
(10) The Subdivision or Development Authority may refuse to approve an application for subdivision
or development if it is of the opinion that the parcel or development will be located within the
1:100 year flood plain or flood hazard area, or if it cannot be clearly demonstrated to the
satisfaction of the approval authority that the parcel will not be subject to flooding.
(11) Land areas identified as permanent wetlands or have wetland status as identified by Alberta
Environment and Protected Areas are considered generally unsuitable for the majority of
developments and may be denied a development permit at the discretion of the Development
Authority.
(12) The Subdivision Authority and the Development Authority shall also take into consideration the
findings, recommendations and policies of any municipally approved storm water drainage
plans, Lethbridge County Storm Water Management Master Plans, or other required municipal
standards or policies relating to storm water or drainage.
38. DEVELOPMENT SITING FOR COULEE / STEEP SLOPE AREAS
(1) For any proposed subdivision or development on sites with known or verified slopes of 15
percent or greater, the Subdivision or Development Authority shall require that an applicant
submit a professionally prepared geotechnical analysis.
(2) The Subdivision or Development Authority may at its discretion, exempt an applicant from the
requirements of Section 39(1), if the land is to be used for agricultural, grazing, or resource
extraction purposes and no buildings are being proposed to be located on the land.
(3) The Subdivision or Development Authority may, at its discretion, require that an applicant
submit a professionally prepared geotechnical analysis for any proposed subdivision or
development on sites adjacent to coulee or river valley brinks of slope, or with slopes of less
than 15 percent, if it is of the opinion it is warranted.
(4) For the purposes of this section, "top of the bank" is as determined by the Subdivision or
Development Authority in consultation with Alberta Environment and Protected Areas or a
qualified professional of The Association of Professional Engineers, Geologists, and
Geophysicists of Alberta (APEGA).
(5) Based on the "Interim Guidelines for Subdivision of Land Adjacent to Steep Valley Banks" by
Alberta Environmental Protection, it is recommended that the lot developable area setback
from the crest of the slope be determined by the slope or grade of the coulee. At a minimum,
the slope or grade should be calculated by a professional geotechnical engineer so that the
dwelling and permanent building required setback formula can be applied (see Topographical
Features Diagram below):
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(6) Notwithstanding a use may be a permitted use or discretionary use, the Development Authority
may require a greater setback than is prescribed in Section 38(5) above if the Development
Authority deems it is warranted.
DIAGRAM 4.9
39. HAZARD LANDS
(1) The Subdivision Authority may refuse to approve an application for subdivision or the
Development Authority may refuse to approve an application for a development if the proposed
development is located in potential hazard land areas (e.g. floodplains, steep or unstable slopes,
permanent wetlands) or on other areas where hazard lands are identified, such as coal mining
areas, gas wells, abandoned wells, or former industrial lands, unless the relevant approval
authority is satisfied the subdivision development can proceed safely.
(2) Prior to making a decision on a subdivision or development application, the Subdivision or
Development Authority may:
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(a) request that a professionally prepared geotechnical analysis, be submitted at the
applicant's expense;
(b) circulate the application proposal and corresponding geotechnical report to any relevant
government departments for comment; and
(c) depending on the nature of the hazard, request that an Environmental Impact Assessment
(EIA) as prepared by a qualified professional be submitted at the applicant's expense.
40. RIVER VALLEYS AND SHORELANDS
(1) Before approving any application to locate or expand a land use in or adjacent to a river valley
or shoreland area which requires a land use bylaw waiver, the Development Authority shall refer
such an application to any local, regional, provincial or federal government agency that, in its
opinion, has an interest in land use management.
(2) No application to locate or expand a land use in or adjacent to a river valley or shoreland area
shall be approved unless, in the opinion of the Development Authority, the proposal will not:
(a) be located in a flood prone area; and
(b) cause soil erosion or damage to a river bank; and
(c) cause deterioration of water quality; and
(d) hinder the flow of water to the river; and
(e) compromise aesthetic quality or natural amenities; and
(f)
be detrimental to area of ecologically sensitive habitat or of historic or scenic importance;
and
(g) have a detrimental effect on adjoining or nearby agricultural operations if the proposed
development is for a non-agricultural use; and
(h) have a detrimental effect on existing or proposed recreation areas; and
(i)
have a detrimental effect on existing or proposed irrigation canals or water diversion
structures.
(3) Notwithstanding section 40(2), a resource extraction and gravel pit operation may be granted
an approval to operate or expand in or adjacent to a river valley or shoreland area if an
engineering study has been completed that illustrates the use will not be detrimental or can be
managed in such manner it will not compromise the matters identified in section 40(2), and the
Development Authority in its discretion accepts the findings of the report.
(4) Where a proposed development is flood protected and is granted permission to locate within
the flood fringe area of the 1:100 year flood plain of any watercourse, the Development
Authority may request the developer to provide any of the following requirements prior to the
issuance of a development permit:
(a) the registration of a Save Harmless Agreement against the title indemnifying the
municipality in case of a subsequent flood causing damage to the development;
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(b) the provision of an appropriate private sewage disposal system to the satisfaction of the
appropriate health authority and the Safety Codes Act;
(c) a certificate from a qualified Alberta Land Surveyor stating the top of the footings of any
proposed development will be at or above the 1:100 flood plain level and proof of such
elevation;
(d) an assurance that any proposed setback requirements as established by Alberta
Environment and Protected Areas or other government department are met or exceeded.
(e) The standards and requirements of above sections 36 to 39 of Part 4, General Land Use
Provisions, Standards of Development must also be considered and may be applicable.
(f)
Notwithstanding that a use may be a permitted or discretionary use in a land use district, a
proposed development containing building or structures to be located in the known
floodway portion of the flood hazard area shall not be issued a development permit by the
Development Authority.
41. SETBACKS FROM SOUR GAS FACILITIES
(1) A residence, rural public facility or country residential subdivision shall be set back such distance
from a sour gas facility as the Subdivision or Development Authority considers reasonable and
appropriate, having regard to:
(a) the comments of the Alberta Energy Regulator (AER) and the owner of the sour gas facility;
and
(b) the minimum separation distances contained in the districts of this bylaw.
(2) The Development Authority shall solicit and consider the comments of the Alberta Energy
Regulator (AER) and the owner of the sour gas facility if a development application:
(a) proposes to locate a residence or a rural public facility within 100 metres (328 ft.) of a level
1 sour gas facility, unless the facility is a pipeline;
(b) proposes to locate a residence within 100 metres (328 ft.) of a level 2 sour gas facility;
(c) proposes to locate a rural public facility within 500 metres (1,640 ft.) of a level 2 sour gas
facility;
(d) proposes to locate a residence within 100 metres (328 ft.) of a level 3 or 4 sour gas facility;
(e) would result in unrestricted country development, namely, more than eight dwellings per
quarter section within 500 metres (1,640 ft.) of a level 3 or a level 4 sour gas facility; or
(f)
proposes to locate a rural public facility within 1.5 kilometres (0.9 miles) of a level 3 or a
level 4 sour gas facility.
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42. SETBACKS FROM ABANDONED WELLS
The Subdivision and Development Regulation (Alberta Regulation 160/2012) requires municipalities
to ensure that applicants include abandoned well information from the Alberta Energy Regulator
(AER) in applications for both subdivisions and development permits. Lethbridge County shall meet
the legislative requirements of Alberta Regulation 160/2012 regarding subdivision and development
by applying the following policies:
(1) It the responsibility of the applicant of the proposed subdivision and/or development to take
measures to identify any abandoned wells within that property and to apply the required
setback.
(2) The Subdivision or Development Authority shall not deem a subdivision or development permit
application complete until the applicant has provided the required abandoned well information
from the AER.
(3) The applicant shall be required to provide the following information:
(a) the AER information, including a map of the search area from the viewer and a statement
that there are no wells in the project area or a list and map identifying the location of
abandoned wells within the search area (including the surface coordinates, as provided by
the viewer or AER Information Services); and
(b) if an abandoned well is present, a detailed site plan must be provided that accurately
illustrates the actual well location (i.e., latitude, longitude) on the subject parcel as
identified in the field and the setback established in the AER Directive 079 [a minimum 5
metre (16.4 ft.) radius around the well] in relation to existing or proposed building sites.
(4) If there is an abandoned well located in the area of the proposed surface development, the
applicant is advised to contact the well licensee of record for any additional information that
may be needed or to physically locate the well, and to discuss the proposed development and
abandoned well issue in more detail.
(5) Notwithstanding a use may be a permitted use or discretionary use, surface structures on top
of an abandoned well are not permitted and a minimum 5 metre (16.4 ft.) setback radius around
the well shall be maintained.
43. ENVIRONMENTALLY SIGNIFICANT AREAS (ESAs) / SENSITIVE LANDS
(1) Either prior to making a decision on a subdivision or development application or as a condition
of approval, the Subdivision or Development Authority may require an applicant/developer to
provide further studies by qualified professionals identifying the important aspects of land
known or suspected to be environmentally significant.
(a) The Subdivision or Development Authority may consider the Cottonwood Report:
Environmentally Significant Areas in the Oldman River Region, County of Lethbridge or
other provincial information resources to determine the location of environmentally
significant areas or features which may be required to be addressed.
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(b) When an Environmental Impact Analysis or Assessment is required by the relevant approval
authority for environmentally significant areas, the submitted report may be required to
provide:
(i)
the boundaries of ESAs delineated through more detailed field surveys;
(ii) a comparison of alternatives;
(iii) an assessment of long-term consequences; and
(iv) the development of management plans for the land.
(2) Notwithstanding that a use may be permitted or discretionary in the land use districts of the
bylaw, the Subdivision or Development Authority may, at its discretion, either stipulate
development setbacks or restrict development to identified environmentally significant or
sensitive areas as a condition of subdivision or development permit approval.
(3) A minimum 20 metre (65.6 ft.) development setback from the boundary of a water body may
be required by the Subdivision or Development Authority applicable to both permitted and
discretionary uses.
(4) At the discretion of the Subdivision or Development Authority, it may apply specific setbacks or
buffers to a specific land use activity if its impacts have been assessed by an Environmental
Impact Assessment.
44. MINIMUM SETBACK REQUIREMENTS FROM RAILWAYS
At the discretion of the Subdivision or Development Authority, the following setbacks may be applied
to subdivision or development applications adjacent to a CPR right-of-way where it is determined it
is necessary or prudent to do so:
RESIDENTIAL
(1) A residential or country residential subdivision should not be approved, unless the parcel size is
sufficient to allow the dwelling to be setback a minimum of 75 metres (246 ft.) of the CPR
property line.
(2) Except for in designated hamlets, a development application for a new residential dwelling on a
previously undeveloped parcel should not be approved if the structure is located within 75
metres (246 ft.) of the CPR property line.
(3) Should a 75 metre (246 ft.) separation from the CPR property line not be achievable, the
Development Authority may allow a dwelling no closer than 30 metres (98.4 ft.), subject to a
berm being erected on the property, parallel to the railway right-of-way, with construction
according to the following specifications: berm minimum height to be 2.5 metres (8.2 ft.) and
side slopes not steeper than 2.5 to 1.
(4) An unoccupied accessory building, such as a garage, storage shed, etc., may be permitted closer
than 30 metres (98.4 ft.), with the applicable districts' minimum side yard setbacks to apply.
(5) The Development Authority, at its discretion, may allow a pre-existing dwelling within the 75
metre (246 ft.) distance to be repaired or rebuilt, if the structure has been damaged by flood or
fire and is to be placed on the original permanent foundation.
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(6) In a designated hamlet, a development application for a new residential dwelling to be located
within 75 metres (246 ft.) of the CPR property line may be approved at the discretion of the
Development Authority, subject to the owner entering into and signing an indemnity or Save
Harmless Agreement with Lethbridge County, that shall be registered on the land title by caveat
prior to the development permit being issued.
COMMERCIAL AND NON-INDUSTRIAL
(7) A commercial development not serviced by rail and/or non-industrial (excluding residential) use
should be setback from the track centre line a minimum distance of:
(a) 4.57 metres (15 ft.) for a non-main track,
(b) 15.24 metres (50 ft.) for a main track with a speed more than 65 km per hour (40 mph),
(c) 12.19 metres (40 ft.) for a main track with a speed of 65 km per hour (40 mph) or less.
CONDITIONS OF APPROVAL
(8) As a condition of approval, the Development Authority, at its discretion, may place other
conditions on a development permit including the requirement that the developer install a chain
link fence along the common property line of the railway, address drainage issues, or other such
matters it considers necessary.
45. CANAMEX FREEWAY DEVELOPMENT AND SITING REQUIREMENTS
The approval of non-agricultural land uses shall be in consideration of the County's policy objectives
to efficiently manage growth, and in consideration of the provinces mandate to protect the Provincial
Highway Network as a safe and efficient transportation corridor. Parcels and land uses impacted by
or in close proximity of the officially gazetted Canamex Freeway (Designated Future Alignment)
should respect the Lethbridge County Municipal Development Plan, the County of Lethbridge and
Town of Coaldale Integrated Development Strategy approved for the Highway 3 corridor, and the
Lethbridge County Industrial-Commercial Land Use Strategy and have regard for the location of the
Canamex Freeway. Enhanced setbacks, access restrictions, clustering land use concepts, servicing
and storm water management plans, must be taken into consideration. To address this, the following
standards and siting criteria may be applied:
(1) For parcels adjacent to Highway 3 or in proximity to the area identified for the Canamex Freeway
corridor, additional setbacks to those stipulated in any land use district may be applied between
proposed developments and the Canamex Freeway Designated Future Alignment in accordance
with the recommendations and requirements of Alberta Transportation and Economic
Corridors, or in accordance with an area structure plan or design scheme approved for the lands.
Where no area structure plan or design scheme is applicable, the designated setbacks may be
applied by the Development Authority in consideration of subsection (7).
(2) Any redesignation application, area structure plan or design scheme prepared for lands
impacted by or in close proximity of the Canamex Freeway shall take into consideration and
address to the satisfaction of Council:
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(a) the recommendations and issues identified in the Integrated Development Strategy report,
as endorsed by Lethbridge County and Town of Coaldale, as it applies to the Highway 3
corridor area; or,
(b) for other areas adjacent to the Canamex, demonstration of how the proposed plan and
design aligns and is compatible with the transportation network and overall land use and
growth management strategies of Lethbridge County.
(3) Special setbacks to the Canamex Freeway boundary may be applied in accordance with an
approved area structure plan in consideration of the Integrated Development Strategy and the
Industrial-Commercial Land Use Strategy.
(4) The Development Authority may in regard to a development permit approval, or the Subdivision
Authority in regard to a subdivision application approval, impose any reasonable conditions it
determines necessary to ensure either appropriate setbacks are met and the future integrity of
the Canamex Freeway system is not compromised.
(5) Grouped County Residential or other uses deemed not to be compatible with the Lethbridge
County Industrial-Commercial Land Use Strategy should not be approved for redesignation
within 1.6 km (1-mile) of the proposed interchange areas of the Canamex. In circumstances
where a non-compatible use already exists within the defined area and may have potential to
expand or further develop, any land use proposal will be reviewed on the basis of its own
individual merit and circumstances.
(6) The Development Authority may consider the approval of drainage plans which propose to
incorporate innovative or new technologically advanced drainage systems as part of the
management plan in consideration of the Integrated Development Strategy report, as endorsed
by Lethbridge County and Town of Coaldale, as it applies to the Highway 3 corridor area.
(7) For situations where a development proposal is identified to be impacted by the Canamex
Freeway, and notwithstanding that a use or building may be listed as a permitted or
discretionary use in a land use district, the Development Authority may place specific setback
conditions on a permit approval to locate the use, building, structure or improvement elsewhere
on the quarter section or parcel outside the proposed freeway take area of the Designated
Future Alignment.
(8) In consultation with Alberta Transportation and Economic Corridors, the Development Authority
may approve a development permit for a permitted use, building, structure or improvement
even though it that may result in it being located within the identified Canamex Freeway area:
(a) if it is determined there is no other reasonable or suitable location on the parcel to
accommodate the development, and all other aspects and standards of the bylaw are able
to be met; or
(b) if the proposed buildings, structures or improvements are to be located within an existing
parcel or yard where utilities and infrastructure already exist and it would be unreasonable
or an undue hardship on the landowner to relocate the existing utilities and infrastructure;
and the conditions or requirements of Alberta Transportation and Economic Corridors have
been addressed.
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(9) Notwithstanding that the Development Authority for Lethbridge County may approve a
development permit by the municipality, any such approval is contingent on the
landowner/developer obtaining the necessary permit for development from Alberta
Transportation and Economic Corridors subject to the Highways Development and Protection
Act and Regulation.
Subdivision Criteria and Canamex
(10) For the subdivision of lands impacted by or in close proximity of the Canamex Freeway, the
Subdivision Authority shall review the proposal in the context of present County policy and
determine if the application conforms or does not conform to the regular subdivision criteria,
with consideration for the following:
(a) If a parcel would not be eligible for subdivision consideration, regardless if the Canamex
Freeway was to impact the title or parcel of land or not, then the County Subdivision
Authority may refuse to approve the proposed subdivision.
(b) For an isolated parcel or country residential subdivision with existing improvements that
meets other subdivision criteria of the bylaw and may be eligible for subdivision, any
concerns or requirements from Alberta Transportation will be taken into consideration in
making a decision on the application.
(c) For proposed industrial, commercial, or grouped country residential uses the subdivision
shall be considered in accordance with the applicable land use designation and if it complies
to any area structure plan, conceptual design scheme, statutory plan, or growth strategy
plan approved for the affected lands and any applicable Canamex requirements, standards
or policies.
(d) For a proposed vacant or bareland parcel that meets other subdivision criteria of the bylaw
and may be eligible for subdivision consideration, the County will consult with the applicant
to see if a more appropriate area of land could be subdivided so that there would be no or
less potential impact to the Canamex. A vacant parcel subdivision application submitted
for a proposal that may impact the integrity of the Canamex may be denied if it is
determined, at the discretion of the municipality, that the landowner has a more suitable
area could be subdivided that would have less potential impact.
46. WETLANDS
Alberta's Wetland Policy provides strategic direction required to make informed management
decisions in the long term to minimize the loss and degradation of wetlands, while allowing for
continued growth and economic development in the province. The goal of the Alberta Wetland
Policy is to conserve, restore, protect and manage Alberta's wetlands to sustain the benefits they
provide to the environment, society and economy. Municipalities must make land use decisions, and
consideration of subdivision and development decisions in respect of the provincial policies.
(1) Applicability
The land use regulations and provisions in this section apply to the use and development of all
land and buildings in all land use districts.
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General Land Use Provisions Part 4 | 41
(a) Applicants/developers must follow the Alberta Wetland Assessment and Impact Report
Directive whenever an activity is proposed that will impact a wetland.
(b) Where applicable, all development proponents are to submit wetland-related Water Act
and Public Lands Act applications in accordance with the Alberta Wetland Policy.
(c) The Development Authority may require the developer to retain all or portions of naturally
occurring wetlands where the Development Authority determines that the development
may be done in a manner that avoids, minimizes, or mitigates the impacts to the wetlands.
(d) The applicant/developer is solely responsible for adhering to all relevant provincial and
federal legislation and regulations including the Water Act, R.S.A. 2000, c. W-3, and the
Alberta Wetland Policy.
(e) Land areas identified as permanent wetlands or have wetland status as identified by
Alberta Environment and Protected Areas are considered generally unsuitable for the
majority of developments and may be denied a development permit at the discretion of
the Development Authority.
(2) Process
(a) Where an activity is proposed that will impact a wetland, and prior to receiving an Area
Structure Plan or redesignation of land approval, the developer shall consult with Alberta
Environment and Protected Areas to determine whether the Crown intends to claim the
wetlands on the site in accordance with the provisions of the Public Lands Act, R.S.A. 2000,
c. P-40. Crown claimed wetlands shall be retained in accordance with the directions from
Alberta Environment and Parks.
(b) Where practical to retain wetlands, the Development Authority may not approve
development that disturbs a wetland. Where it can be demonstrated to the satisfaction of
the Development Authority that it is not practical to avoid impacting a wetland, for
example, due to inherent site constraints or the requirements for the proper functioning
of a wetland, the Development Authority may approve development that disturbs a
wetland with conditions designed to mitigate the impact of the development on the
wetland.
(c) The developer is solely responsible for any costs associated with retaining a Qualified
Wetland Science Practitioner (QWSP) to prepare a Wetland Report, or for wetlands that
will be impacted by the proposed development, the developer shall submit a Wetland
Mitigation Report as prepared by a Qualified Professional (QP) who is registered with the
province as a wetland specialist.
(d) The onus is on the developer to ensure compliance with all applicable regulatory
documents.
(3) Standards and Setbacks
(a) For those wetlands to be retained, the developer shall provide a strip of land, not less than
6 metres in width, abutting the bed and shore.
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Land Use Bylaw No. 24-007
(b) Minimum building setbacks beyond the 6 metre (20 ft.) buffer of a naturally occurring
wetland shall be proposed through a Wetland Report as submitted by the developer and
approved by the Development Authority.
(c) The 6 metres or more in width of land to be provided may be dedicated at the time of
subdivision as Environmental Reserve (ER) if the municipality determines it is necessary.
PART 5
USE SPECIFIC LAND USE PROVISIONS
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Use Specific Land Use Provisions Part 5 | 1
PART 5
USE SPECIFIC LAND USE PROVISIONS
A. STANDARDS OF DEVELOPMENT
The standards in this Part establish additional requirements for specific uses, buildings or structures. The General
Development Standards in Part 4 and the requirements of the applicable land use district shall also apply unless
otherwise stated.
1.
ABATTOIRS
(1) The abattoir must not be located closer than 304.80 metres (1,000 ft.) to any adjacent residential
dwelling.
(2) All abattoir facilities must have a designated loading area in accordance with the bylaw
standards (see Part 4, Standards of Development).
(3) Applications for abattoirs shall be referred to Alberta Health Services and the provincial
Regulatory Services Division of the Meat Inspection Branch for comment prior to a decision
being made by the Development Authority.
(4) The applicant shall be responsible for compliance with the Alberta Health Standards and
Guidelines and the Alberta Building Code requirements.
(5) The facility and all processing must be able to comply with the Alberta Meat Inspection Act and
Regulations or the Canada Meat Inspection Act and Regulations.
(6) The abattoir must be a licensed Federal abattoir or a Provincial abattoir that is inspected by the
Regulatory Services Division of the Meat Inspection Branch of the province of Alberta.
2.
ACCESSORY BUILDINGS, STRUCTURES AND USES
(1) No accessory building, structure or use shall be allowed on a lot without an approved principal
structure or use, unless the applicable land use district otherwise authorizes. An exception to
this requirement may be considered for personal workshop buildings in accordance with Part 5,
Section 29, Personal Workshop and Storage (non-commercial), where such accessory buildings
may be allowed on vacant parcels at the discretion of the Development Authority.
(2) Accessory buildings, structures and uses that are not specifically included within a development
permit require a separate development permit application.
(3) Any accessory building, structure or use standard as specifically stipulated in a land use district
shall apply unless otherwise relaxed or varied by the Development Authority.
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Land Use Bylaw No. 24-007
(4) Specific accessory buildings, structures and uses that may be exempt from the requirement of
obtaining a development permit is specified in Part 2, Development Not Requiring a
Development Permit.
3.
AIRPORT AREA RESTRICTIONS
PURPOSE
(1) The purpose of this section is to protect lands adjacent to the Lethbridge Airport (YQL) from the
impact of air travel.
APPLICATION
(2) Restrictions contained in this section apply to all lands and land use districts shown in the
boundary of the Airport Protection Area on Map 1 of this section. The Airport Protection Area is
also illustrated on Map 4 in Part 10, Land Use Districts maps.
DEFINITIONS
(3) In this section:
Airport means the Lethbridge Airport.
Airport Protection Area means the Airport Protection Area shown on Map 1 of this section.
Airport Runway means the area of land within the airport that is used or intended to be used
for the take-off and landing of aircraft.
C, followed by a number where it appears in one of the NEP Area columns in Table 1 opposite a
particular land use, means that the land use is permitted subject to the conditions set out in
Table 1.
Department means the Director of the Planning Branch in the Planning Services Division of
Alberta Municipal Affairs.
Land Use Bylaw means the Land Use Bylaw for Lethbridge County.
Municipality means Lethbridge County in the Province of Alberta.
NA, where it appears in one of the NEP columns in Table 1 opposite a particular land use, means
that the land use is not allowed and prohibited in that NEP Area.
NEP Contour means a numbered contour as shown on Map 1 in this section.
NEP 25- Area means the NEP Area that lies between the 25 NEP Contour and the boundary of
the Airport Protection Area.
NEP 25-30 Area means the NEP Area that lies between the 25 NEP Contour and the 30 NEP
Contour.
NEP 30-35 Area means the NEP Area that lies between the 30 NEP Contour and the 35 NEP
Contour.
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NEP 35-40 Area means the NEP Area that lies between the 35 NEP Contour and the 40 NEP
Contour.
NEP 40+ Area means the NEP Area enclosed by the 40 NEP Contour.
Noise Exposure Projection Area or NEP Area means an area of land shown on Map 1 of this
section that:
(a) is enclosed by the 40 NEP Contour;
(b) lies between 2 NEP Contours; or
(c) lies between the 25 NEP Contour and the boundary of the Airport Protection Area;
as shown on Map 1 of this section.
P, where it appears in one of the NEP columns in Table 1 opposite a particular land use, means
that the land use in that NEP Area is permitted, but subject to other sections of the Land Use
Bylaw.
Residential Replacement or Infilling Unit means any new residential development that:
(a) will replace a residential development that has been demolished or destroyed; or
(b) is to be built on a lot that is:
(i)
registered under the Land Titles Act, and
(ii) designated for residential development,
in this bylaw.
GENERAL
(4) All development within the Airport Protection Area requires a development permit except for
those uses in Part 2 - Development Not Requiring a Permit.
(5) The Development Authority and Subdivision and Development Appeal Board are not precluded
by this section from attaching any other conditions in accordance with the land use bylaw to a
development permit.
LAND USE
(6) The Airport Protection Area is divided into the following districts:
(a) the Airport Clear District, designated A-D; and
(b) the Airport Agricultural District, designated A-A
as shown on Map 1 in this section.
(7) The Development Authority or Subdivision and Development Appeal Board may issue a
development permit without any conditions under these restrictions for any application that
involves a use that is designated "P" in Table 1 of this section and meets other requirements and
uses of the land use bylaw.
(8) The Development Authority or Subdivision and Development Appeal Board may issue a
development permit for an application that involves a conditional use or a similar use in
accordance with Table 1 of this section only if the appropriate condition specified is prescribed
as a condition of the development permit.
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Land Use Bylaw No. 24-007
(9) The Development Authority or Subdivision and Development Appeal Board shall not issue a
development permit for an application for development if that use is designated "NA" within
Table 1 of this section, or if the use is similar in the opinion of the Development Authority or
Subdivision and Development Appeal Board to a prohibited use, or involves a use that is not
listed in Table 1.
(10) A use listed in Table 1 includes accessory uses and buildings unless otherwise noted.
HEIGHT LIMITATIONS
(11) A development permit shall only be issued for a development within the Airport Protection Area
if that development does not exceed the maximum elevation identified on Map 2 of this section
or on the certificate of title for the land on which the development will be located.
TABLE 1
LAND USE IN RELATION TO NOISE EXPOSURE PROJECTION AREAS
Airport Clear District (A-D)
LAND USES: Land uses within this district shall be in accordance with Transport Canada's zoning criteria.
Airport Agricultural District (A-A)
LAND USES
NOISE EXPOSURE PROJECTION AREAS
NEP
25-
Area
NEP
25-30
Area
NEP
30-35
Area
NEP
35-40
Area
NEP
40+
Area
Airport and Related Facilities
P
P
P
P
P
Agricultural Machinery Sales and Service
P
P
C1
C1
C1
Agricultural Sales and Service
P
P
C1
C1
C1
Bulk Fertilizer
P
NA
NA
NA
NA
Church and Manse
P
C1
C1
NA
NA
LAND USES
NOISE EXPOSURE PROJECTION AREAS
NEP
25-
Area
NEP
25-30
Area
NEP
30-35
Area
NEP
35-40
Area
NEP
40+
Area
Community Centre
P
C1
C1
NA
NA
Contractor's Business
P
P
C1
C1
C1
Extensive Recreational Uses
P
P
P
P
NA
Farms (extensive agriculture)
P
P
P
P
P
Fur Farm
P
NA
NA
NA
NA
Gravel and Sand Pit
P
P
NA
NA
NA
Part 5 - Map 1
Part 5 - Map 2
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Use Specific Land Use Provisions Part 5 | 5
Grain Elevators
P
P
P
P
P
Home Occupation
P
C1
C1
C1
C1
Kennel
P
P
C1,C2
NA
NA
Manufacture of Asphalt
P
P
NA
NA
NA
Market Gardening
P
P
P
P
NA
Minor Light Industrial Facility
P
P
C1
C1
C1
Minor Recreational Facility
P
P
C1
C1
C1
Manufactured home (non-farm)
P
NA
NA
NA
NA
Park
P
P
P
C3
C3
Public Incinerator
P
NA
NA
NA
NA
Public and Quasi-Public Buildings and Uses
P
C1
C1
NA
NA
Radio, Television and Other Communication
Tower
P
P
P
P
P
Ready Mix Concrete Pit
P
P
NA
NA
NA
Residential Replacement or Infilling Unit
P
C1
C1
C1
NA
Riding Stable
P
P
P
C3
NA
Sanitary Landfill
NA
NA
NA
NA
NA
School
P
C1
NA
NA
NA
Seed Cleaning Plant
P
P
NA
NA
NA
Sewage Treatment Plant or Lagoon
P
C2
C2
NA
NA
Single-Detached Dwelling (non-farm)
P
C1
NA
NA
NA
Sod Farm
P
P
P
P
NA
Veterinary Clinic
P
P
C1,C2
NA
NA
Water Reservoir and Treatment Plant
P
C2
C2
NA
NA
LAND USE CONDITIONS:
C1 Construction shall conform to the exterior acoustic insulation requirements of the Alberta Safety
Standards Act or subsequent legislation for those NEP Areas other than the NEP 25 - Area unless
otherwise stated in this section. Where this condition is specified, the Development Authority shall
indicate on the development permit between which noise contours the proposed development site
would be located for reference of the building inspector at the time of the building permit
application.
C2 The development shall be covered completely.
C3 The development shall not include structures for the seating of spectators except as varied to allow
for seating of a minor nature as specified in the condition.
NA Land use not allowed - Where NA appears in one of the NEP columns in Table 1 opposite a particular
land use, means that the land use is not allowed and is prohibited in that NEP Area.
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Land Use Bylaw No. 24-007
P
Land use permitted - Where P appears in one of the NEP columns in Table 1 opposite a particular
land use, means that the land use in that NEP Area is permitted, but subject to other sections of the
land use bylaw.
4.
ALTERNATIVE ENERGY
See Part 7 - Alternative / Renewable Energy Developments
5.
ANHYDROUS AMMONIA STORAGE FACILITY
For a development application for a bulk anhydrous ammonia storage facility or a residential dwelling
in proximity to an existing bulk ammonia storage facility the Development Authority:
(a) shall consider the location of neighbouring residential uses and apply the "Guidelines for the
Location of Stationary Bulk Ammonia Facilities" prepared by Alberta Environment before making
a decision on a development application concerning a bulk ammonia storage facility; and
(b) in all instances, a development application for a residential dwelling shall not be approved if it
is located within 500 metres (1,640 ft.) of an established Anhydrous Ammonia bulk storage
facility.
6.
AUTOMOTIVE REPAIR / DETAIL / PAINT SHOPS
(1) Automotive repair shops shall not be located within 50 metres (164 ft.) of the boundary of any
property in a residential or grouped country residential land use district. This distance may be
relaxed if the parcel of land on which the automotive repair shop is located is within a hamlet
and is designated as Hamlet Commercial or Hamlet Industrial land use.
(2) Automotive detail and paint shops uses are not permitted within 75 metres (246 ft.) of the
boundary of any property in a residential or grouped country residential land use district, or
within 100 metres (328 ft.) from an existing residential dwelling, whichever distance is greater.
This distance may be relaxed if the use is for automotive detail only and it is not associated with
a paint shop.
(3) All operations associated with automotive repair, detail or paint shop uses shall be contained
within a completely enclosed building except where outdoor storage is expressly permitted.
(4) Where exterior storage is permitted, such storage shall not be located in the front yard and shall
be screened from view from any road or lane in accordance with Part 4, Section 25. Wherever
possible, outdoor storage should not back onto or face an adjacent residential yard. The
Development Authority may place conditions on a development permit approval to require
screening in accordance with Part 4, Section 25.
(5) The applicant shall be responsible for compliance with Alberta Environment and Protected Areas
regulations and guidelines for containing, storing and disposing of paint or fluids.
(6) For any business that is involved in selling, repairing, or salvaging automotive vehicles, the
applicant shall be responsible for compliance with the Alberta Motor Vehicles Industry Council
(AMVIC) licensing requirements. The Development Authority shall require the applicant obtains
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Use Specific Land Use Provisions Part 5 | 7
the AMVIC license as a condition of a development permit or municipal business license being
issued.
(7) For an individual or business involved in auto automotive vehicle sales only (including lease
consignment), a development permit approval will be required if transactions correspond to the
licensing requirements of the Alberta Motor Vehicles Industry Council (AMVIC). The
Development Authority shall require the applicant obtains the AMVIC license as a condition of
a development permit or municipal business license being issued.
7.
AUTO WRECKAGE / SALVAGE OR WRECKING YARDS
(1) The site shall be situated a minimum distance of 500 metres (1,640 ft.) from any adjacent
residence.
(2) The site shall not be located on good quality agricultural land unless the maximum area for
storage is 16.19 hectares (40 acres) or less, or the land is located in an area with an approved
area structure plan and designated for such use.
(3) The storage site must be fenced by a type approved by the Development Authority to a
minimum height of 2.44 metres (8 ft.). At a minimum, the storage yard must be fenced on the
side fronting a public roadway and may be required to be fenced on other sides and at a
specified distance, at the discretion of the Development Authority.
(4) All vehicles and machinery must be stored within the enclosure and maintenance of the site
should be in accordance with the standards deemed necessary for the use of the site in an
acceptable fashion at the discretion of the Development Authority.
8.
BATCH PLANTS / CONCRETE OR ASPHALT
(1) The Development Authority shall solicit and consider the comments of Alberta Environment and
Protected Areas and Alberta Health Services before making a decision on a development
application concerning a batch concrete or asphalt plant.
(2) The building or working area used for processing/mixing aggregate shall not be located closer
than 300 metres (984 ft.) to a residential dwelling, the separation distance being measured from
the edge of the dwelling to the nearest edge of the planned working area of the sand and gravel
extraction operation.
(3) The Development Authority may require that the developer enter into a Road Use Management
or Road Use Maintenance Agreement with the County in order control traffic on county roads
and manage dust control and/or maintenance issues.
(4) The applicant shall be responsible for obtaining an approval and complying with Alberta
Environment and Protected Areas regulations and guidelines.
(5) The Development Authority may require verification of a secure and suitable water supply, as
required for the type of development, in consideration of a permit approval.
(6) For other batch plants - see Part 5, Section 30 (Resource Extraction) (Gravel and sand pits or
stone quarries).
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Land Use Bylaw No. 24-007
9.
BED AND BREAKFAST OPERATIONS
(1) A Bed and Breakfast operation is its' own separate defined use in this bylaw and is not
considered or processed as a home occupation. To be considered a Bed and Breakfast
establishment, the business must have the operator residing in the dwelling while guests are
present.
(2) A Bed and Breakfast operation shall only provide breakfast meals to registered overnight guests
prepared in the common kitchen of the principal residence.
(3) No more than eight (8) registered guests are permitted at one time.
(4) No cooking facilities are allowed in sleeping rooms or suites.
(5) In addition to the off-street parking requirements for the dwelling/accessory building units itself,
one (1) off-street parking space per rented guest room shall be required for a Bed and Breakfast
operation.
(6) A Bed and Breakfast operation may include a maximum of one (1) supplementary building, other
than an accessory building, such supplementary building being:
(a) an existing farm building or similar building that is proposed to be converted into temporary
sleeping quarters and used in conjunction with an existing residence for a Bed and
Breakfast; or
(b) an authorized supplementary residence.
(7) Employees working in the business shall be limited to the residents of the dwelling unit.
(8) Alterations to the principal building may be permitted but shall not change the principal
character or external appearance of the principal building.
(9) A development permit is based solely on the location of use. If a permit holder relocates within
the municipality, the person must apply for a development permit to continue the use from the
new location.
(10) Advertising may only be permitted in compliance with Part 6, Sign Regulations.
(11) Applications for Bed and Breakfast operations shall be referred to Alberta Health Services for
comment.
(12) A Bed and Breakfast establishment must comply to building standards set out by the Alberta
Building Code and a development permit does not exempt compliance with health regulations
or any other provincial and municipal requirements.
(13) The applicant shall be responsible for compliance with the Alberta Health "Bed and Breakfast"
Health Standards and Guidelines and the Alberta Building Code requirements for Bed &
Breakfast accommodations.
(14) A Bed and Breakfast operation development permit shall not be approved for a dwelling if a
Tourist Home/Short Term Rental use has been approved for the same property and dwelling.
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10. CAMPGROUND USES
See Part 3 - Land Use Districts and Regulations (Rural Recreational - RR land use district).
11. CANNABIS NURSERY, CANNABIS CULTIVATION AND CANNABIS PROCESSING
The requirements of this section apply to cannabis nursery, cannabis cultivation and cannabis
processing facilities as defined by the Land Use Bylaw and are in addition to any federal regulations
required by the Government of Canada.
(1) The owner or applicant must provide, as a condition of development approval, a copy of the
current license for all activities associated with a cannabis facility as issued by Health Canada.
(2) The owner or applicant must obtain any other approval, permit, authorization, consent, or
license that may be required to ensure compliance with applicable federal, provincial, or
municipal legislation.
(3) For indoor facilities, the development must be done in a manner where all processes and
functions are fully enclosed within a stand-alone building including all loading stalls and docks,
and garbage containers and waste material.
(4) For outdoor cultivation facilities, the development must include security and fencing as per the
Federal Regulations.
(5) The development must include equipment designed and intended to remove odours and
particles from the air where it is discharged from the building as part of the ventilation system.
(6) The cannabis facility shall not be located on a parcel of land that is adjacent to or within 300
meters (984.26 feet) of a:
(a) parcel with a school
(b) parcel with a Day Care / Care Facility
(c) parcel zoned residential (i.e. HR, HMH, GCR)
(d) parcel designated as a Municipal Reserve or Rural Recreation
(e) from an adjacent residence
(7) The separation distance to a residence or residential parcel may be relaxed or varied if the
appropriate waivers have been obtained by the applicant from the affected landowners.
(8) The separation distance shall be measured from the closest point of the cannabis facility
building or other structure (i.e. fence).
(9) The Development Authority may require, as a condition of a development permit, a public
utility waste management plan, completed by a qualified professional that includes details
regarding:
(a) The incineration of waste products and airborne emissions, including smell;
(b) The quantity and characteristics of liquid and waste material discharged by the facility;
and
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Land Use Bylaw No. 24-007
(c) The method and location of collection and disposal of liquid waste material.
12. CANNABIS RETAIL STORES
Application Requirements
(1) In addition to the development application requirements as stipulated in Part 1, Section 24,
items (2) through (4) of the 'Administrative' part of the Land Use Bylaw, the following additional
requirements for an application for a development permit for a Retail Cannabis Store must also
be provided when requested by the Development Authority:
(a) details of the proposed store location and a detailed listing and site plan of surrounding
businesses and uses, both on adjacent (contiguous) parcels and those identified as sensitive
sites (as outlined in Section 43(5) below) within 300 m (drawn on a high quality and clearly
legible site plan with text descriptions; and
(b) decision the proposed days of operation hours on.
Criteria and Standards
(2) All Retail Cannabis Stores approved for a development permit must obtain a Retail Cannabis
Store license from the Alberta Gaming Liquor and Cannabis (AGLC) and failure to secure an AGLC
license will make the local development permit approval null and void. Proof of provincial
license (for a Retail Cannabis Store) shall be required as a condition of a development permit
approval.
(3) A Retail Cannabis Store must be a separate use from any other business activities (i.e., non-
Cannabis store) unless it is an activity or use expressly authorized by the AGLC.
(4) A Retail Cannabis Store shall not be approved for a development permit if the premises is
located within a 300-metre separation distance of:
(a) the boundary of a parcel of land on which a provincial health care facility is located; or
(b) the boundary of a parcel of land containing a school (public or private) facility; or
(c) the boundary of a parcel of land containing an approved child or daycare facility; or
(d) the boundary of a parcel of land that is designated as school reserve or municipal and
school reserve under the Municipal Government Act; or
(e) the boundary of a parcel of land containing a municipal park or playground facility, if the
land is not designated as school reserve or municipal and school reserve under the
Municipal Government Act; or
(f)
the boundary of the parcel of land which contains a church, community centre, library or
recreation facility where persons under 18 years of age may attend or congregate.
(5) Additionally, a Retail Cannabis Store shall not be approved for a development permit if the
premises is located within the distance of (as measured wall to wall of the buildings) 100 metres
of a building containing a separate Retail Cannabis Store that has been approved (in the absence
of any provincial set of rules regarding how closely the standalone stores will be allowed to
operate to one another, otherwise the provincial rules apply).
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(6) The specified separation distances applicable to Retail Cannabis Stores are not eligible to be
varied or waived by the Development Authority, or on an appeal by the Subdivision and
Development Appeal Board.
(7) The specified separation distances are reciprocal and apply to those described sensitive uses
(i.e., school, park, childcare facility, recreation facility, etc.) applying for a development permit
locating in proximity of established Retail Cannabis Stores.
(8) All signage, including the contents, must comply with the Land Use Bylaw Part 6, Sign
Regulations, and municipal development permit approval is required. The applicant/developer
is also responsible to ensure any signage and its message contents comply with all federal and
provincial requirements, including AGLC policies.
(9) All parking requirements shall be provided in accordance with Part 4, General Land Use
Provisions, Section 30 of the bylaw, and shall be deemed to be similar to other 'retail store' uses
for determining the number and size of the required parking spaces.
(10) If an approved Retail Cannabis Store's existing AGLC license expires, the business must provide
verification to the municipality that a new license has been obtained within 12 months of the
expiry date, otherwise, the use will be deemed to have been discontinued and any development
permit that may have been issued is no longer valid and said use may not be recommenced until
a new application for a development permit has been made and a new development permit
issued.
(11) The Development Authority may, as a condition of approval on a development permit, specify a
time limit on the development permit in regard to its validity, which may be considered a
temporary use. At the time of expiry, the applicant/developer must reapply to the municipality
for a development permit approval to continue the use.
(12) A developer/operator of a Retail Cannabis Store is responsible for meeting and adhering to all
provincial requirements for the physical security for the premises.
(13) The design and construction of a Retail Cannabis Store must meet all provincial building code
requirements.
13. CAR AND TRUCK WASHES
(1) All washing facilities shall occur within an enclosed building with at least two bay doors.
(2) Vacuuming facilities may be outside the building but shall not be in the front yard and shall not
be closer than 15.24 metres (50 ft.) from the boundary of any residential land use district.
(3) The building surfaces shall be faced with masonry, porcelainized steel, baked enamel steel or
other material equal in durability and appearance.
(4) The building shall be located a minimum of 30.48 metres (100 ft.) from the boundary of any
residential land use district.
(5) All off-street parking areas shall be hard-surfaced and dust-free.
Use Specific Land Use Provisions Part 5 | 12
Land Use Bylaw No. 24-007
(6) Any lights used to illuminate the area shall be directed away from adjacent residential
properties.
(7) A permanent screening fence or wall not less than 1.83 metres (6 ft.) in height shall be
constructed along any site property line which abuts a residential land use district.
(8) For parking and stacking requirements, refer to Part 4 - General Land Use Provisions.
(9) As part of the complete development permit application requirements for a car or truck wash
use, the Development Authority may ask the applicant to provide verification, to the satisfaction
of the Development Authority, that there is a secure water source sufficient to service the
development.
(10) A development permit approval for a car or truck wash may be denied, if in the opinion of the
Development Authority, there is not a sufficient water source to service the development.
(11) Lagoons or private sewage septic treatment systems may not be used for handling the grey
water resulting from the washing of vehicles if the proposed system is determined to be not
suitable by the Development Authority. As a condition of a development permit approval, the
Development Authority:
(i)
may require the proposed grey water system to be engineered by a qualified professional
with a technical report submitted to the satisfaction of the municipality and deemed
acceptable; or,
(ii) may require the proposed development to be connect to municipal sewage services, if
available, at the applicant's expense.
(12) In the Rural Agriculture land use district, the Development Authority may exempt the
requirements of any sections of 11 (2) through (8) if it determines they are not applicable based
upon location considerations.
14. COMMERCIAL RECREATION USES
See Part 3 - Land Use Districts and Regulations (Rural Recreational - RR land use district).
15. CRYPTOCURRENCY (BITCOIN) MINING
(1) Cryptocurrency (bitcoin) mining activities, including as an ancillary use to other development,
are required to apply for a development permit from the municipality. If the capacity of the
plant is less than 10 MW, municipal approval is required, while 10 MW or greater AUC approval
is also required in conjunction with a municipal approval.
(2) An operator of a power plant must apply for AUC approval under Section 11 of the Hydro and
Electric Energy Act, or demonstrate an exemption applies under Section 13 of the Hydro and
Electric Energy Act and Rule 007: Applications for Power Plans, Substations, Transmission Lines,
Industrial System Designations and Hydro Developments.
(3) Information to be provided to the development officer includes, but not limited to, details on
the type of system, building or structure being used, cooling system proposed, projected noise
levels, noise abatement plans, source of electricity, land and topographic conditions, and details
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Use Specific Land Use Provisions Part 5 | 13
on vegetation on the site and within 150 metres of the development with it being illustrated on
a professionally prepared site plan, fire response plan, and public road and access available to
the site.
(4) The Development Authority shall only approve a cryptocurrency (bitcoin) mine if it is satisfied
there are no adverse effects on the environment, potential for fire hazard, and no neighbours
are adversely affected.
16. DAY CARE/CHILD CARE FACILITIES
All day care facilities may be approved subject to the following conditions and requirements:
(1) If determined necessary by the Development Authority, the applicant for a day or child care
facility may be required to meet and consult with all adjacent land owners in the vicinity of
where the use is proposed.
(2) In any residential district, no exterior alterations shall be undertaken to a dwelling or former
dwelling which would be inconsistent with the residential character of the building or property.
(3) Signage for day/child care facilities must comply with the following:
(a) a maximum of one sign;
(b) sign must be no greater than 0.74 m2 (8 sq. ft.) in size; and
(c) sign must be located in the building's window in a residential land use district.
(d) In a residential land use district a request for more than one sign or a sign greater than 0.74
m2 (8 sq. ft.) requires a separate development permit application. In a commercial or
industrial land use district, one exterior building sign may be permitted in addition to a
window sign.
(4) Site lighting must be designed not to "flood or spill" into adjacent property.
(5) The site must allow for secure storage and pick up of garbage and recycling material located
away from public areas.
(6) The use shall not generate traffic problems within the district.
(7) The use requires a minimum of one (1) on-site pick-up and drop-off space for every 10
children/clients and the location of passenger loading zones for day care facilities may be
specified by a condition of a development permit.
(8) On-site parking is required with the provision of one (1) space per employee, in accordance with
Part 4, Section 30.
(9) On-site parking should be separated from pedestrian traffic and outdoor areas for children.
(10) A day (child) care facility/site catering to children must have screening for any outdoor play areas
to the satisfaction of the Development Authority.
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Land Use Bylaw No. 24-007
(11) All applications for day care facilities shall, as a condition of approval, obtain the necessary
approvals required from regulatory agencies. All child care facilities must be licensed and
operate in accordance with the provincial Child Care Licensing Act.
(12) It is highly encouraged that day (child) care facilities have some sort of secure, outdoor or active
play area space available for children on the parcel, which may be stipulated as conditions on a
development permit approval.
(13) In considering the suitability of a building or site for a discretionary day care/child care use, the
Development Authority may consider the appropriateness of the location for child care with
regard for the proximity to required services, parks, neighbourhood characteristics, traffic issues
or congestion in the neighbourhood, and if the size is adequate to meet program requirements,
including outdoor space, parking, and the drop-off zone.
(14) In considering the suitability of a building or site for a discretionary day care/child care use in a
commercial or industrial land use district, the Development Authority shall:
(a) only approve a permit for the day/child care facility if it is located within or operated by an
existing business within an industrial park;
(b) consider the compatibility of adjacent land uses, as the Development Authority may refuse
to approve an application if the development would be located adjacent to or in the
proximity of hazardous or noxious industry; and
(c) require an emergency response/evacuation plan for the day/child care facility to be
prepared and submitted to the satisfaction of the Development Authority.
17. DAY HOME
(1) The operation of a day home does not require a development permit - see Part 2 Development
Not requiring a Development Permit.
(2) A day home shall have no more than six (6) clients a day.
(3) A day home shall not be located within a dwelling containing another Home Occupation.
(4) Signage for day home facilities must comply with the following:
(a) a maximum of one sign;
(b) sign must be no greater than 0.74 m2 (8 sq. ft.) in size; and
(c) sign must be located in the buildings window.
(5) Notwithstanding that a development permit may not be required; all day homes must comply
with provincial requirements and regulations.
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18. FABRIC BUILDINGS / COVERED STORAGE STRUCTURES
Fabric buildings or covered storage structures which meet the
definition of this bylaw are to be considered as permanent
buildings or structures and must meet the required setbacks,
maximum height, maximum site coverage and other applicable
standards of the bylaw. Development permit applications
involving fabric buildings shall be considered with regard to the
following:
(1) Permit applications will be processed in accordance with the use proposed, which must meet or
be similar to the applicable land use district permitted or discretionary uses listed.
(2) For certain uses, such as agricultural, Part 2, Development Not Requiring a Development Permit,
may be applicable, provided the required setbacks and other applicable standards of the bylaw
are met.
(3) Fabric buildings which do not meet the definition of this bylaw, or are associated with uses which
are prohibited in the bylaw, are deemed to be prohibited uses.
(4) Fabric building / storage accessory building or structures are not to be located:
(a) in the front or side yard in any hamlet residential land use district, and
(b) shall not be located in the front yard within all other districts.
(5) A fabric storage accessory building or structure shall not be located within the required setback
from a public road or on an easement.
(6) A fabric storage accessory building or structure shall be setback a minimum 1.22 metres (4 ft.)
from the principal dwelling and from all other structures on the same lot.
(7) All buildings or structures must be securely tethered and anchored to the ground in accordance
with provincial Safety Code requirements. Additionally, all fabric covers must be securely
tethered to the structures' frame.
(8) As a condition of a development permit approval, the Development Authority may stipulate
specific requirements for the type of fastening or tie-down system and fabric material colour to
be applied to the accessory building or structure.
19. GROUP CARE OR GROUP HOME FACILITY
(1) The applicant is required as part of the development permit application, to provide information
on the following:
(a) the type of client served,
(b) the number of clients accommodated,
(c) the number of staff employed, and
(d) the submission of a plan that describes how communication with neighbours will be carried
out and how neighbourhood compatibility problems are to be resolved.
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Land Use Bylaw No. 24-007
(2) All group home facilities that may be approved are subject to the following conditions and
requirements:
(a) The applicant for a group home facility shall be required to meet and consult with all
adjacent land owners in the vicinity of where the use is proposed.
(b) The total occupancy by clients and staff shall be specified for each development by
condition of a development permit. The total number of clients shall not exceed more than
two (2) per bedroom in a residential District.
(c) The Development Authority may establish the maximum number of residents allowed in a
group home facility on a case specific basis with attention given to the District in which the
use is located and the type of facility seeking approval.
(d) In any residential district, no exterior alterations shall be undertaken to a dwelling or
former dwelling which would be inconsistent with the residential character of the building
or property.
(e) If the group home facility is operating within a single-detached dwelling the dwelling must
be located on a street with a rear lane and is not permitted to be located within cul-de-sacs
or lane-less streets.
(f)
The use of accessory buildings, structures or uses not associated with the principal
residential dwelling are not permitted on the property.
(g) Site lighting must be designed not to "flood or spill" into adjacent property.
(h) The site must allow for secure storage and pick up of garbage and recycling material located
away from public areas.
(i)
The use shall not generate traffic problems within the district.
(j)
On-site parking is required with the provision of two (2) spaces per each dwelling unit plus
one (1) space per employee, in accordance with Part 4, Section 30, subsections 6 -10.
(k) Signage for group home facilities must comply with the following:
(i)
a maximum of one sign,
(ii) sign must be no greater than 0.74 m2 (8 sq. ft.) in size, and
(iii) sign must be located in the buildings window.
(l)
All applications for group home facilities shall, as a condition of approval, obtain the
necessary approvals required from regulatory agencies and the group home shall comply
with provincial standards.
(3) All group care facilities that may be approved are subject to the following conditions and
requirements:
(a) The applicant is required as part of the development permit application, to provide
information as stipulated in section 17(1) above.
(b) Site lighting must be designed not to "flood or spill" into adjacent property.
(c) The site must allow for secure storage and pick up of garbage and recycling material located
away from public areas.
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(d) The use shall not generate traffic problems within the district.
(e) On-site parking is required in accordance with Part 4, Section 30.
(f)
Signage for group care facilities shall be in accordance with Part 6, Sign Regulations.
(g) All applications for group care facilities shall, as a condition of approval, obtain the
necessary approvals required from regulatory agencies and the group home shall comply
with provincial standards.
(h) As a condition of a development permit approval, the Development Authority may stipulate
specific requirements for the development as listed in Part 4, General Land Use Provisions.
20. HAY PLANT / STORAGE BUILDINGS OR STRUCTURES
(1) A hay plant shall require a development permit from the municipality. In addition to the permit
requirement, the building or structure:
(a) shall meet all the applicable setbacks of the land use district within which it is located; and
(b) must be located no closer than 200 metres (656 ft.) to an adjacent boundary of an urban
municipality or designated grouped country residential land use district; and
(c) shall contain a dugout or fire pond on site with water available that is readily accessible for
fire suppression purposes, with the pond being provided at a size and location as stipulated
by the County.
21. HAZARDOUS INDUSTRIES
Hazardous industries are those uses as defined in Part 9, Definitions, and typically include uses that
may be detrimental to public health, safety or welfare beyond the boundaries of the site or parcel
upon which it is situated. For such uses, the following shall apply:
REFERRALS
(1) The Development Authority shall solicit and consider the comments of Alberta Environment and
Protected Areas and Alberta Health Services before making a decision on a development
application concerning a hazardous industry.
(2) The Development Authority shall solicit and consider the comments of an urban municipality
before making a decision on a development application which proposes to establish or enlarge
a hazardous industry within the boundary or referral area policies in an Intermunicipal
Development Plan.
(3) Prior to a decision being made on a hazardous industry, the Development Authority may hold a
public meeting in order to solicit the views of the public in regard to the application.
GENERAL LOCATION
(4) The Development Authority may require that a hazardous industry shall be located in a
designated industrial land use district and specified area, in accordance with the Municipal
Development Plan.
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Land Use Bylaw No. 24-007
(5) Unless otherwise authorized in the bylaw, development of hazardous or noxious uses shall be
discouraged:
(a) within a designated hamlet;
(b) within the boundary of an Intermunicipal Development Plan where the plan policies do not
allow for such consideration;
(c) less than 0.8 km (½ mile) from an existing or approved residence;
(d) less than 0.8 km (½ mile) from an existing or approved grouped country residential
development;
(e) less than 1.6 km (1 mile) from a provincial, regional or municipal park or recreation area;
(f)
less than 0.8 km (½ mile) from either side of a designated highway, unless the parcels is
redesignated specifically to accommodate the use, conforms to the policy directions of the
Municipal Development Plan, or is provided for in an area structure plan approved by
Alberta Transportation;
(g) within such distance of other roads as designated scenic, tourist or recreational access
roads as established in a municipal bylaw;
(h) adjacent to water bodies; or
(i)
adjacent to an environmentally sensitive or regionally significant area;
unless the Development Authority or Subdivision Authority is satisfied that suitable measures
and high operational standards will be undertaken and maintained to minimize any nuisance,
hazard or noxious effect on vicinity land uses, and it is therefore reasonable and appropriate to
approve the use.
(6) Unless a use deemed to be hazardous or noxious is specifically listed as a permitted or
discretionary use in the land use district, such applications shall require a redesignation to the
appropriate industrial land use district prior to the Development Authority making a decision on
these types of development permits.
22. HOME OCCUPATIONS
(1) An approved home occupation shall be valid only for the period of time the property is occupied
by the applicant / owner or resident lease holder for the approved use. The business or
occupation must be one that is primarily carried out by the owner or lease holder of the
residence and not a third party, as the applicant must currently reside in the residential dwelling.
(2) An application for a home occupation shall only be considered by the Development Authority
upon an application endorsed or filed by the registered owner of the property.
(3) No permit shall be issued if, in the opinion of the Development Authority, the home occupation
would undermine the liveability standards of the residential use of the property or any adjacent
properties or not be compatible with the agricultural character of the area on rural parcels.
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(4) No permit shall be issued if the parcel does not have a habitable residence, power, on-site
potable water supply, a sewage disposal system, and legal and physical access to a municipal all-
weather road.
(5) No advertising shall be permitted on the property except for a window sign and up to one
indirectly illuminated sign of 0.37 m2 (4 sq. ft.) in Hamlets and 1.48 m2 (16 sq. ft.) in all other
districts, to be placed against the building or fence. Larger signage may be permitted, if, in the
opinion of the Development Authority, the signage does not interfere with the residential or
agricultural character of the area.
(6) The number of on-premises non-resident employees allowed shall be as outlined in the Home
Occupation category. - see Section (10) of this part. The number of mobile employees
conducting associated work activity off premises of a home occupation shall be taken into
consideration and allowed at the discretion of the Development Authority. This may be limited
as a condition of a development permit.
(7) Home occupations may be approved subject to the following criteria and conditions:
(a) The use shall not involve the display of goods upon the premises; however, goods may be
stored subject to the approval of a Home Occupation 3 by the Development Authority
provided the storage of such shall not be exposed to the public view and shall not involve
a change in the appearance of the residence or its accessory buildings.
(b) No variation from the external appearance and residential character of land or building
shall be permitted.
(c) A home occupation use is considered the secondary use of a residence or ancillary building
to a residence, for an occupation, trade, profession, craft or small scale retail business
which must not change the character of the area and does not show significant evidence of
such secondary use. Any use which appears more commercial in nature or is on a larger
scale may be directed to locate within an appropriate commercial, business light industrial,
or industrial land use district.
(d) The use shall not generate traffic problems within the district.
(e) Consideration shall be given to the potential for a home occupation to impact adjacent uses
due to noise, vibration, smoke dust or odours. No offensive noise, vibration, smoke, dust,
odours, heat, or glare should be produced by the use.
(f)
The Development Authority may limit the number of home occupation permits issued to
operate per residence if it is of the opinion an additional home occupation may negatively
impact the neighbours or area.
(g) In a hamlet, a Home Occupation 2 or 3 cannot be issued if a Bed & Breakfast or Tourist
Home/Short-term Rental accommodation has been approved for the property.
(h) Day homes, for the care of up to six children, are defined as its own use and does not
require a development permit as outlined in Part 2.
(i)
The number of employees, including mobile employees conducting associated work activity
off premises of a home occupation, may be limited by the Development Authority and
placed as a condition of a development permit. For mobile employees, the Development
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Land Use Bylaw No. 24-007
Authority shall consider if the employees need to visit the subject home occupation parcel
(e.g., pick up vehicles, trailers, supplies etc., to perform work off-site) and how many
employee trips per day or week this may entail.
(8) If at any time, in the opinion of the Development Authority, the conditions of a Home
Occupation Permit have not been complied with, the Development Authority may issue a stop
order, pursuant to section 645 of the Municipal Government Act.
(9) The following information must be provided when applying for a Home Occupation Permit:
(a) proof of ownership and residency;
(b) description of business;
(c) materials, equipment and/or vehicles that will be used for the Home Occupation;
(d) number of resident and non-resident employees on the premises;
(e) number of business/clients visits per day;
(f)
number of parking spaces on the property;
(g) projected commercial vehicle traffic volumes related to deliveries or shipping products;
(h) materials or information on what type of business activity will be conducted and if it
includes processing, assembly, or manufacturing; and
(i)
type of signage for the Home Occupation.
(10) Based on the information provided in the application, the Development Authority shall
determine what level of Home Occupation Permit is applicable for the operation using the chart
below. If a specific Home Occupation level is not listed as a permitted or discretionary use in the
applicable land use district the proposal is located within, then a development permit shall not
be issued.
Home Occupation 1
Home Occupation 2
Home Occupation 3
Non-Resident
Employees (on
premises)
None
Up to 2
Up to 6
Commercial Vehicles
and/or Trailers
None
Up to 2
Up to 5
Outside Storage
None
At Development
Authority's discretion
At Development
Authority's discretion
Parking Stalls
One if there are client
visits
One per employee plus
one for customers
One per employees, plus
one for customers
Client visits
Limited daily or
weekly business-
related visits
Limited daily or weekly
business-related visits
Limited daily or weekly
business-related visits
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(11) The Development Authority, in its discretion, may limit the number of client business-related
visits to a premise on a daily or weekly basis for a Home Occupation 1, 2, or 3. A Home
Occupation 1 should have less daily or weekly client visits than what a Home Occupation 2 or 3
would typically be allowed.
(12) The days and hours of operation may be defined and limited by the Development Authority to
minimize impacts on surrounding residential uses.
(13) A Home Occupation 3 may be considered by the Development Authority in relation to the size
and proportionate scale of the use relative to the residential building and property, and
agricultural activities or accessory buildings related to the home occupation may not be subject
to the same criteria pertinent to a typical application for a home occupation.
(14) If, in the opinion of the Development Authority, a Home Occupation Permit may require a
detailed review after a limited period of operation to determine if it is compatible with the
amenities of the neighbourhood on a more permanent basis, the Development Authority may
issue a temporary permit for a defined period of time in accordance with the bylaw.
(15) A home occupation permit does not exempt compliance with health regulations or any other
municipal or provincial regulations.
23. KENNELS - KENNELING, BREEDING AND DOG TRAINING FACILITIES
Sections 21(1) through (14) below shall be applied by the Development Authority for the kennelling,
boarding, training or breeding of any such use involving dogs; however, a dog agility or training facility
may be exempted from any or all of the requirements in accordance with Section 21(15).
(1) An application for a development permit must be made to the Development Authority by
submitting:
(a) a completed development application form;
(b) the fee;
(c) a site plan indicating the legal description, all property lines and easements, fencing, and
the location of existing and proposed development in relation to lot boundaries;
(d) a business plan with information on the number of dogs, type off facility proposed,
description of how waste (feces) will be managed; and, if a breeding kennel, the type
(breed), ratio of females to males, anticipated puppy litters, description of how the facility
will meet the Canadian Veterinary Medical Association Code of Practice for Canadian
Kennel Operations - Edition May 2007 (or subsequent amendment);
(e) floor plans, elevations and sections of the kennel buildings at a minimum scale of 1:200 or
such other scale as required by the Development Authority; and
(f)
the floor plan is to illustrate the number and size of pens for the dogs in the building and
any outside areas.
(2) No buildings or exterior exercise area(s) to be used to accommodate dogs shall be allowed
within 304.80 metres (1,000 ft.) of any dwelling located on adjacent parcels and a diagram
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Land Use Bylaw No. 24-007
indicating the distances shall be submitted with the development permit application. A
reciprocal setback from existing kennels shall be applied to all new dwellings.
(3) All dog facilities, including buildings and exterior exercise areas, shall be located to the rear of
the principal building and shall be constructed to the following standards:
(a) interior walls and ceilings shall be constructed of washable building material;
(b) exterior walls should be fire-resistant and impervious to moisture;
(c) doors, window frames and window sashes should be impervious to moisture and rodent
resistant;
(d) insulation shall be required, taking into consideration the breed, age and overall health of
the dogs; and
(e) all facilities must have adequate ventilation, heating and light.
(4) The Development Authority may, when issuing a development permit, determine the maximum
number of adult dogs that may be kept at any one time by the operator of a private or
commercial kennel.
(5) All pens, rooms, exercise runs, and holding stalls shall be soundproofed if deemed necessary by
the Development Authority which shall base its decision on the number of animals to be kept at
the kennel, the proximity of the kennel to other uses and/or other kennels, and possibility that
the noise from the kennel may adversely affect the amenities of the area.
(6) In addition to soundproofing requirements, the times at which the animals are allowed outdoors
may be regulated. In particular, all dogs at a kennel, including pups, may be required to be kept
indoors between the hours of 10:00 p.m. and 7:00 a.m.
(7) All kennel facilities shall be screened by both a visual and sound barrier, by fences and/or
landscaping, from existing dwellings on adjacent parcels to the satisfaction of the Development
Authority.
(8) Kenneling facilities shall be operated in accordance with health regulations and, in particular,
excrement and similar waste shall be disposed of in a manner acceptable to Alberta Health
Services.
(9) All dog food stored on-site must be securely stored inside buildings and no outdoor storage is
allowed.
(10) As a condition of approval on a development permit, the Development Authority may require
that pen sizes, dog runs, enclosures, whelping areas, and exercise or play areas and other facility
standards are in compliance with the Canadian Veterinary Medical Association Code of Practice
for Canadian Kennel Operations - Edition May 2007 (or subsequent amendment).
(11) If encountered, a dead animal should be disposed of in accordance with the most current
'Destruction and Disposal of Dead Animals Regulation'.
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(12) Permits issued for kennel development may be limited to a maximum period of three years and
shall be subject to immediate revocation if the kennel is not developed or operated in
accordance with the conditions of approval.
(13) Application for a renewal of a development permit for a kennel operation shall take into
consideration the following:
(a) mandatory inspection report by a Doctor of Veterinary Medicine submitted with
application;
(b) any previous complaints or comments from adjacent landowners;
(c) complaints filed to the Alberta Society for the Prevention of Cruelty to Animals (SPCA);
(d) compliance with the Canadian Veterinary Medical Association Code of Practice for
Canadian Kennel Operations - Edition May 2007 (or subsequent amendment).
(14) As a condition of approval, the Development Authority shall require that the applicant submit
an inspection report, prepared by a Doctor of Veterinary Medicine, to Lethbridge County on the
anniversary date of the permit. In addition, at the discretion of the Development Authority, the
applicant may be required to submit yearly inspection reports as a condition of approval.
(15) A dog agility or training facility that does not involve the kennelling, boarding or breeding of
dogs may be exempted from sections 21(2)and (5) through (14) at the discretion of the
Development Authority.
24. MANUFACTURED / READY-TO-MOVE/ MOVED-IN HOME STANDARDS
ELIGIBLE HOMES
Manufactured Home 1:
- New factory-built units within the past year of application for a permit and not previously
occupied. In appearance, a Manufactured Home 1 shall generally resemble conventional
site-built (stick-built) constructed homes;
- current Canadian Standards Association (CSA) certified units and to meet National
Building Code - 2019 Alberta Edition (or subsequent update);
- this category includes modular or prefabricated homes that conform to the bylaw
standards;
- the minimum roof pitch shall not be less than a 4/12 pitch;
- the minimum floor area of the principal dwelling not including attached garage shall not
be less than 74.32 m2 (800 sq. ft.);
- the dwelling shall be a minimum 7.32 metres (24 ft.) in width;
- must be placed on a basement foundation. If a basement is not feasible, the foundation
must be permanent (e.g., continuous concrete, as timber supports or concrete block are
not acceptable) and shall be as required by the Development Authority.
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Manufactured Home 2:
- Used factory-built units, not constructed prior to 1985, in a state of good condition as
determined by the Development Authority (note: previously referred to as mobile
homes);
- Current Canadian Standards Association (CSA) certified units;
- Any application for a development permit to locate a used manufactured home shall
include recent colour photographs of all elevations (i.e., front, side and rear views)
including additions.
- Foundations may include continuous concrete, timber supports, or concrete block.
Ready-to-Move Homes (new):
- New stick framed (conventional) dwelling units built off-site within the past year of
application for a permit and/or not previously occupied.
Moved-in Dwellings / Homes:
- Previously occupied dwellings, relocated from on parcel of land to another.
- Any application for a development permit to locate a moved-in dwelling shall include
recent colour photographs of all elevations (i.e., front, side and rear views) including
additions.
[Moved-in buildings (non-residential) see section 23]
APPLICATION REQUIREMENTS
(1) Any application for a Manufactured Home 1 or Ready-to-Move shall adhere to the development
permit application requirements and standards of the bylaw.
(2) In addition to meeting the requirements of Section 24(2), any application for a development
permit to locate a Manufactured Home 2, a used dwelling unit, or a moved-in dwelling:
(a) shall include recent colour photographs of all elevations including additions;
(b) may require a personal inspection by the municipality to determine the unit's suitability;
(c) accurate site plan for the location to which the building is to be placed or moved;
(d) floor plan and specifications of the structure of the building; and
(e) photo of the serial number plate.
(f)
Applications for used units or moved-in dwellings may also be required to provide a
certified Safety Codes officer's report indicating the condition of the home, whether it
complies with provincial building codes, and what work would need to be done to enable
it to meet code if it is found to be deficient.
FOUNDATIONS, BASEMENTS, AND ROOF LINES
(3) All units shall be placed on foundations which conform to provincial building requirements and
Canada Mortgage and Housing regulations.
(4) All homes not placed on a basement shall be skirted in compatible materials and enclosed.
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Use Specific Land Use Provisions Part 5 | 25
(5) Any portion of a concrete block foundation above grade shall be parged unless otherwise
finished with another approved material.
(6) The maximum height of the exposed portion of a concrete block foundation shall be not more
than 0.91 metres (3 ft.) above the average finished grade level of the surrounding ground.
(7) To ensure compatibility of housing types, the variation of roof lines between manufactured,
modular, ready-to-move and moved-in homes and conventional homes may be limited.
Generally, the homes should not be more than 0.61 metres (2 ft.) higher or lower than an
adjacent home.
ADDITIONS
(8) Any additions, such as enclosed patios, entrance porches, carports, storage areas, additional
rooms, or any other roofed structure, shall require a development permit.
(9) All home additions shall be of a design and finish which will complement the unit.
(10) The materials and colours used in the construction of additions shall be of a quality, style and
design which will match or complement the dwelling.
(11) Materials used shall be those commonly used for exterior finishing of residences.
CONDITIONS
(12) As a condition of approval, the Development Authority, at their discretion, may place conditions
on a development permit including stipulating exterior finish colour and type of material, new
roof material, colour and type, and orientation of building on parcel.
(13) As a condition of approval, the Development Authority, at their discretion, may place other
conditions on a development permit including the requirement that the developer provide
landscaping, fencing, address drainage issues, or other such matters it considers necessary if, in
his or its opinion, they would serve to improve the quality or compatibility of any proposed
development.
(14) The building and the land upon which it is to be located shall be subject to all conditions and
regulations specified for the particular land use district set out in the Land Use Bylaw.
(15) The Development Authority may require a security deposit of a minimum $5000.00 to a
maximum value of up to 50 percent of the assessed value of the building to ensure the
conditions of the development permit are met.
(16) Return of the posted bond or irrevocable letter of credit is contingent on the Development
Authority verifying to its satisfaction, the completion of all the conditions of this section and the
development permit.
(17) Conditions for single detached dwelling, Manufactured Home 1 shall generally correspond with
typical conditions for a single-detached dwelling, site built.
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Land Use Bylaw No. 24-007
SUITABILITY
(18) Notwithstanding that a moved-in dwelling may be listed as a permitted or discretionary use in
any land use district, the Development Authority may refuse to approve a permit for such a use
if it is determined at the discretion of the Development Authority, the dwelling is in such a state
of poor condition that it is unsuitable, unlikely to be able to be brought up to a standard to meet
bylaw or safety code requirements, is incompatible with existing dwellings in the vicinity, or may
negatively affect or impact neighbouring land uses.
25. MIXED-USE DEVELOPMENTS (BUILDINGS OR PARCELS OF LAND)
Mixed-use developments shall be subject to the following:
(1) As part of the development proposal review the applicant must submit a concept plan.
(2) To serve its purposes, the mixed-use development (residential/commercial) should be sited at
the edges of a residential neighbourhood, at a collector and arterial street intersection or a
collector and local street intersection, at the entrance to a neighbourhood, at the entrance to a
commercial-hub area, or in conjunction with a park, school, civic use, or public space.
(3) Open space shall constitute at least:
(a) 20 percent of net land area for mixed-use projects in which residential uses constitute
greater than 80 percent of gross floor area; or
(b) 10 percent of net land area for commercial and institutional uses, and for mixed-use
projects which include office, eating and entertainment, and/or retail sales and service uses
that constitute 10 percent or more of gross floor area.
(4) Parking requirements will be based on the following:
(a) Space for parking should be balanced between a project's mix of uses and may be
developed as joint use parking areas.
(b) No more than 50 percent of the parking spaces required for a building or use may be
supplied by parking facilities required for any other building or use.
(c) Flexible parking regulations based on peak parking hours may be considered by the
Development authority based on the consideration of:
(i)
providing sufficient parking, balancing the parking needs of different land use types
based on hours of operation; and
(ii) where parking demands peak during different times of the day, parking may be shared
if the Development Authority is of the opinion that there will be minimal impacts to
adjacent land uses.
(d) Parking and vehicle driveways should be located away from building entrances and not
between a building entrance and the street, except as may be allowed when a direct
pedestrian connection is provided from the sidewalk to the building entrance.
(e) For buildings with mixed residential/commercial uses, the residential component should
have the required minimum off-street parking requirements which are not shared with
business uses. The additional off-street parking spaces shall be provided for the business
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component in consideration of the parking standards outlined in Section (d) above and in
Part 4 - General Land Use Provisions, Sections 6 - 10 (Off-street Parking Requirements).
BUILDINGS WITH RESIDENTIAL/COMMERCIAL UNITS (MIXED)
(5) A building may be occupied by a combination of one or more of the uses listed for a district and
each use shall be considered a separate use and each use shall obtain a development permit.
(6) The Development Authority may require that each use has its own separate utility servicing lines
and infrastructure provided.
(7) The minimum size of a dwelling unit shall be 65.03 m2 (700 sq. ft.).
(8) The non-residential portion of residential/commercial units shall be limited to the permitted
and discretionary uses in the appropriate land use district.
(9) The business/commercial component of a residential/commercial unit must be a minimum of
25 percent of the Gross Floor Area.
(10) The dwelling unit shall be part of and contiguous with the building that contains the principal
commercial land use.
(11) Separate entrances shall be provided for the commercial and residential uses. Each entrance
shall have direct or indirect (via a hallway) access to a public street.
(12) The building must be able to comply with all applicable provincial Safety Code requirements.
PARCELS WITH MIXED-USE
In addition to Sections (1) through (4) of this section, parcels of land which propose mixed-use
development, either residential/commercial; or commercial with business, commercial, industrial, or
institutional mixes; or industrial mixed with various industrial uses; through the development of a
number of separate buildings or uses on the parcel, are also subject to the following requirements:
(13) A building or use may be a combination of one or more of the uses listed for a district and each
use shall be considered a separate use and each use shall obtain its own development permit.
(14) Building separation setbacks are required when an abutting property or site with an existing
building has windows facing to the side. In such circumstances, any new development or
addition shall provide at least ten feet of separation between the existing and new building, or
other separation as required or may be applicable in compliance to the provincial Safety Code.
(15) The building must be able to comply with all applicable provincial Safety Code requirements.
(16) Comprehensive parcel/site landscaping and storage/screening provisions may be required in
consideration of Part 4 - General Land Use Provisions, Section 25 (Landscaping and Screening
Requirements).
(17) The development of the land is subject to Lethbridge County Engineering Guidelines and
Minimum Servicing Standards, and must provide acceptable road access, storm water
management, fire suppression, and utility and servicing requirements that are acceptable to the
municipality.
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Land Use Bylaw No. 24-007
26. MOTOCROSS TRACKS/ MOTOR SPORTS FACILITIES
The following minimum separation distances shall be required between recreational motocross
tracks and land uses that would be sensitive to engine noise and dust activity:
(1) Setbacks for outdoor motocross/ motor sport tracks are:
(a) 2.4 kilometres (1.5 miles) from schools, residences, campgrounds, hospitals, parks,
playgrounds, churches and other institutions, recreational trails, shopping centres and
known habitat of rare, threatened or endangered animal species;
(b) 1.6 kilometres (1.0 mile) from national wildlife refuges, migratory bird sanctuaries,
protected natural areas designated under legislation, deer wintering areas, and industrial
areas.
(2) In deciding on an application, including establishing any conditions of approval, the
Development Authority shall have regard to the potential impact on existing and proposed uses
in the vicinity of the proposed site.
(3) The Development Authority shall consider the site, natural features, and the quality of the land
on which the development is proposed as such uses shall be discouraged on good quality
agricultural land and in environmentally sensitive or significant areas.
(4) Motocross or motor sport facilities may include associated accessory uses that cater to the
public which may include public washrooms, food sales, parking and viewing areas, which shall
be reviewed and considered at the discretion of the Development Authority on site specific
basis.
27. MOVED-IN BUILDINGS (NON-RESIDENTIAL)
(1) Before considering any application for a moved-in building, the Development Authority shall
require:
(a) recent colour photographs of all elevations (side views) including additions;
(b) may require a personal inspection by the municipality to determine the unit's suitability;
(c) accurate site plan for the location to which the building is to be placed or moved;
(d) floor plan and specifications of the structure of the building;
(e) photo of the serial number plate, if applicable; and
(f)
application fee as established by Council.
(2) In deciding on an application, including establishing any conditions of approval, the
Development Authority shall have regard to the potential impact on existing and proposed uses
in the vicinity of the proposed site.
(3) As a condition of approval, the Development Authority, at their discretion, may place conditions
on a development permit including stipulating exterior finish colour and type of material, new
roof material, colour and type, and orientation of building on parcel.
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(4) As a condition of approval, the Development Authority, at their discretion, may place other
conditions on a development permit including the requirement that the developer provide
landscaping, fencing, address drainage issues, or other such matters it considers necessary if, in
his or its opinion, they would serve to improve the quality or compatibility of any proposed
development.
(5) The building and the land upon which it is to be located shall be subject to all conditions and
regulations specified for the particular land use district set out in the Land Use Bylaw.
(6) The Development Authority may require a security deposit of a minimum $5000.00 to a
maximum value of up to 50 percent of the assessed value of the building to ensure the
conditions of the development permit are met.
(7) Return of the posted bond or irrevocable letter of credit is contingent on the Development
Authority verifying the completion of all the conditions of this section and the development
permit.
28. PAINTBALL RECREATIONAL USES
(1) Before considering any application for a paintball recreational development, the Development
Authority shall require from the applicant:
(a) an accurate site plan for the location of the paintball recreation zone and any structures,
buildings, or topography to be used as part of the use, access, setbacks to public roadways,
parking areas, and any environmentally sensitive features present on the land, including
the location of creeks, streams or canals;
(b) information on the type and proximity of adjacent land uses, including the identification of
all residential dwellings located within a 1.6-kilometre (1 mile) radius;
(c) a narrative describing the operation, whether it is seasonal or year-round, proposed days
and hours of business.
(2) A recreational paintball operation shall not be located closer than 300 metres (984 ft.) to an
adjacent residential dwelling. The separation distance being measured from the edge of the
dwelling to the nearest edge of the planned active recreational paintball use area.
(3) A recreational paintball operation shall not be permitted within 500 metres (1,640 ft.) of a multi-
lot or designated grouped country residential subdivision, hamlet or urban centre. The
separation distance shall be measured from the nearest property line of the multi-lot subdivision
the nearest edge of the planned active recreational paintball use area.
(4) Prior to making a decision on a development permit application for a paintball recreational
development the Development Authority shall notify all landowners within a 1.6-kilometre (1
mile) radius.
(5) If approving a development permit for a paintball recreational development, the Development
Authority may place conditions on the approval limiting the business hours and days of the week
the development may operate.
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Land Use Bylaw No. 24-007
29. PERSONAL WORKSHOP AND STORAGE (NON-COMMERCIAL)
(1) The following regulations shall be applied to Personal Workshop and Storage (non-commercial)
uses as defined in this bylaw on vacant parcels:
(a) the use and buildings are considered a discretionary use and an approval shall take into
consideration the suitability of the land and compatibility with adjacent land uses;
(b) the maximum size of buildings shall be 278.7 m² (3,000 sq. ft.) in the UF land use districts
and 464.5 m² (5,000 sq. ft.) in the RA land use district;
(c) the use shall be for personal use only and not associated with or part of a commercial use
or business; and
(d) setbacks shall be in accordance with the regulation of the applicable land use district.
(2) The use and standards are applicable to vacant parcels of land only where Personal Workshop
and Storage (non-commercial) is listed as a discretionary use in Part 3 - Land Use Districts and
Regulations. For all other storage buildings, workshops, accessory buildings or structures on
developed lots or parcels or where not listed as a separate use, the accessory buildings or
structures definitions and standards and criteria of the bylaw shall apply.
30. RESOURCE EXTRACTION (GRAVEL AND SAND PITS OR STONE QUARRIES)
(1) Both Class 1 and Class 2 pits as defined in the provincial Code of Practice for Pits shall require a
development permit approved by the municipality to operate.
(2) The Development Authority on shall solicit and consider the comments of:
(a) Alberta Environment and Protected Areas; and
(b) any landowners within 804 metres (½-mile) of the lot proposed for a natural resource
extractive use;
before approving a development application for a pit or natural resource extractive use.
(3) A sand, clay and gravel pit or a stone quarry may be considered for approval provided that:
(a) if it is less than 5 hectares (12.5 acres) in size, a reclamation plan must be provided to the
satisfaction of the municipality; or
(b) if it is 5 hectares (12.5 acres) or greater, a reclamation plan must be filed with Alberta
Environment and Sustainable Resource Development that complies with its regulations and
the recommendations of its Land Reclamation division, and a copy provided to the
municipality.
(4) Topsoil must be stockpiled and used to reclaim the worked-out site.
(5) Pursuant to the Municipal Development Plan, pits in close proximity to recreation areas should
be discouraged.
(6) The working area (defined as the area used for excavation, stockpiling and crushing) of a sand,
clay and gravel pit or a stone quarry operation shall not be located closer than 300 metres
(984 ft.) to a residential dwelling, the separation distance being measured from the edge of the
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dwelling to the nearest edge of the planned working area of the sand and gravel extraction
operation.
(7) Sand and gravel extraction may be permitted within 300 metres (984 ft.) of an individual
residence where provision is made regarding site-specific mitigation of noise, dust, visual, traffic,
lighting and other effects of the sand and gravel operation as agreed to by the resident in
writing.
(8) A commercial sand and gravel extraction operation shall not be permitted within 400 metres
(1,312 ft.) of a multi-lot or grouped country residential subdivision, hamlet or urban centre. The
separation distance shall be measured from the nearest property line of the multi-lot subdivision
to the nearest edge of the planned working area of the sand and gravel extraction operation.
(9) In respect of Section 27(8), a redesignation of land for residential multi-lot or grouped country
residential purposes should not be permitted within 400 metres (1,312 ft.) of the boundary of
the working area of the sand and gravel extraction operation.
(10) In addition to the above requirements, the following shall be submitted with a development
permit application for surface mineral excavation:
(a) submission of operation plans;
(b) details of roads, haul routes, access points and traffic volumes;
(c) surface access agreement with the landowner;
(d) location and phasing of vegetation clearance and stripping of topsoil;
(e) identification of areas to be left undisturbed; and
(f)
reclamation performance guarantees in the form of security or bonds.
(11) New surface workings should not be opened, nor should existing workings be extended if
unmitigated damage may occur to nearby land having high recreation, wildlife, scientific or
archaeological value.
(12) The Development Authority shall consider the effects of visual intrusion, dust, noise, traffic, and
air and water pollution and how it may impact adjacent land uses when evaluating applications
for these types of development permits.
(13) The Development Authority may require that the developer enter into a Road Use Management
Agreement with the County in order control traffic on county roads and manage dust control
and/or maintenance issues.
(14) The Development Authority may place conditions on an approved development permit that
pertain, but are not limited to, regulating days and hours of operation, imposing setbacks,
control or mitigate dust and noise, require berming or screening, or monitor ambient air quality.
(15) The Development Authority shall take into consideration Part 4, Section 40, River Valleys and
Shorelands when deciding on development permit applications for resource extraction uses in
such areas, where applicable.
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Land Use Bylaw No. 24-007
(16) The Development Authority shall take into consideration the Cottonwood Report:
Environmentally Significant Areas in the Oldman River Region in making a decision on an
application for a resource extraction use and may deem a development application to be
unsuitable in accordance with that report, or may request additional information be provided
by the applicant to ensure any matters outlined in Part 3, Section 41 are addressed to the
satisfaction of the Development Authority.
31. RECREATIONAL VEHICLE (RV) STORAGE
(1) The maximum number of recreational vehicle units permitted on the site shall be as determined
by the Development Authority. Generally, there should not be permitted more than 60 units per
acre of land.
(2) Storage shall be carried out as required under the Alberta Fire Code pertaining to water for fire
suppression, fencing and access.
(3) Vehicle entrances and exits, as well as internal vehicle routes shall be designed in a manner that
provides a safe and clearly defined circulation pattern.
(4) All on-site roadways shall have a durable hard surface of gravel or similar material and the same
shall be drained and developed to the satisfaction of the Development Authority and the County
Public Works Department.
(5) Where on-site parking or storage is illuminated, all lighting shall be positioned in such a manner
that lighting falling onto abutting properties is minimized.
(6) Any developed portion of the site must be graded, contoured and seeded and shall provide for
a satisfactory disposal of surface water by grading and drainage in such a manner that no surface
water shall drain onto public roadway or other neighbouring property.
(7) There shall be no storage of hazardous materials or goods on-site.
(8) No day use or over-night accommodation shall be allowed on-site.
(9) The storage of recreational vehicles shall not include storage for the salvage of, or for derelict
recreational vehicles.
(10) The recreational vehicle compound may be required to be fenced with a minimum 1.83 metres
(6.0 ft) high chain link fence around the periphery of the storage area, or as otherwise required
by the Development Authority.
(11) Any proposed sanitation dump shall be in accordance with the Alberta Safety Code.
(12) At the discretion of the Development Authority, a landscape plan may be required as part of the
submission for a development permit and the plan must be prepared by a certified landscape
architect, an arborist, or a person qualified to perform such work.
(13) Landscaping, if required by the Development Authority, shall be as follows:
(a) on sites smaller than 1.5 ha (3.0 acres) a minimum of 10 percent, or as otherwise required
by the Development Authority, of the site shall be landscaped;
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Use Specific Land Use Provisions Part 5 | 33
(b) on sites larger than 1.5 ha (3.0 acres) a minimum of 50 percent, of the required front and
side yard setbacks of the site shall be landscaped or as required by the Development
Authority;
(c) any or all landscaping standards as outlined in Part 4, Section 25 may be required by the
Development Authority.
32. SANDBLASTING, WELDING AND FABRICATION FACILITIES
(1) Where the proposed use is located within 150 metres (492 ft.) of an existing residential use or
residential, park, conservation or institutional land use district, all welding, fabrication,
sandblasting and similar potentially obnoxious uses and operations shall be fully contained
within a building or other suitable structure designed to contain noise, odours, and dust.
(2) In all instances, the building or structure containing any approved sandblasting, welding, or
fabrication operation shall be located no closer than 90 metres (295 ft.) to an adjacent
residential dwelling.
(3) Required yards, buffers and landscaped areas shall not be used for storage, parking, loading,
unloading or similar uses.
(4) The operator is prohibited from disposing of any shop wastes into a storm drain, septic tank,
onto the ground or into surface water.
(5) All materials must be stored in the proper containers with the correct label in accordance with
any provincial environmental regulations or procedures.
(6) The applicant may be required to store materials and wastes indoors or under cover whenever
possible to prevent moisture from seeping into the container.
33. SATELLITE DISHES AND TELECOMMUNICATION ANTENNAS
(1) In all hamlet residential land use districts:
(a) satellite dishes greater than 1 metre (3 ft.) in diameter or radio or television antenna shall
be classified as an accessory structure and shall be placed in the rear or side yard;
(b) satellite dishes greater than 1 metre (3 ft.) in diameter shall not be mounted or attached
to the roof of any dwelling or accessory building and shall not be illuminated or contain
advertising other than the manufacturer's trademark or logo.
(2) Radio and television antennas, which are not regulated by Innovation, Science, and Economic
Development Canada, are classified as an accessory structure.
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Land Use Bylaw No. 24-007
34. SECONDARY SUITES
SECONDARY SUITES (CONTAINED WITHIN A SINGLE-DETACHED DWELLING)
Secondary Suite means a development consisting of an
ancillary dwelling unit located within, and accessory to, a
structure in which the principal use is a single detached
dwelling or in conjunction with an approved detached
garage. These uses are also often referred to as Accessory
Dwelling Units.
Example of basement suite
Secondary Suite General Standards
(1) A secondary suite shall have cooking facilities, food preparation area, sleeping and sanitary
facilities, which are physically separate from those of the principal dwelling within the structure.
A Secondary Suite shall also have an entrance separate from the entrance to the principal
dwelling, either from a common indoor landing or directly from the side or rear of the structure.
(2) A secondary suite shall be restricted to a lot occupied by a single-detached dwelling. A
secondary suite is prohibited from being constructed within or in conjunction with a duplex,
semi-detached dwelling, multi-attached or multi-unit dwelling or apartment housing.
(3) All secondary suites developed after December 31, 2006, shall comply with all Alberta Building
Code requirements, including separate heating/ventilation systems for each dwelling unit. Pre-
existing suites developed prior to December 31, 2006, must meet the requirements of the
Alberta Fire Code.
Secondary suites shall comply with the following regulations:
(4) The maximum floor area of the secondary suite shall be as follows:
(a) in the case of secondary suite located completely below the first storey of a single detached
dwelling (other than stairways or a common landing), the floor area (excluding the area
covered by stairways) shall not exceed the floor area of the first storey of the associated
principal dwelling;
(b) in the case of a secondary suite developed completely or partially above grade, the floor
area (excluding the area covered by stairways) shall not exceed 40 percent of the total floor
area above grade of the building containing the associated principal dwelling.
(5) A secondary suite (contained within a single-detached dwelling) shall remain accessory to and
subordinate to the single-detached dwelling and shall not exceed the main floor area of the
principal dwelling and shall have a minimum floor area not less than 30 m2 (322.93 sq. ft.).
(6) A secondary suite shall be developed in such a manner that the exterior of the principal building
containing the secondary suite shall appear as a single dwelling.
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(7) In Hamlet Residential land use districts, only one secondary suite may be developed in
conjunction with a principal single-detached dwelling, and it may not be developed within a
multi-unit dwelling (e.g. duplex, semi-detached or fourplex unit).
(8) A secondary suite shall not be developed within the same principal dwelling containing a Home
Occupation, unless it is proven to the satisfaction of the Development Authority that the amount
of traffic generated is limited and adequate parking is available without adversely affecting the
neighbourhood.
(9) The secondary suite shall not be subject to separation from the principal dwelling through a
condominium conversion or subdivision.
(10) The secondary suite shall have full utility services through service connections from the principal
dwelling unit.
(11) Development of a secondary suite shall adhere to the Alberta Building Code and Alberta Fire
Code as a condition of approval.
(12) Parking must be able to be adequately provided on site for the additional suite in consideration
of bylaw requirements. In Hamlet Residential land use districts requirements: one (1) off-street
parking stall per secondary suite (in addition to regular residential requirements).
SECONDARY SUITES (DETACHED GARAGE) STANDARDS
(13) The maximum height to roof peak of the
garage shall not exceed 9.1 metres (30 ft.)
(14) A secondary suite (detached garage) shall
have an entrance separate from the
entrance to the garage, either from a
common indoor landing or from the exterior
of the structure.
(15) One on-site parking space shall be provided
for each secondary suite.
(16) A secondary suite (detached garage) shall
remain accessory to and subordinate to the single-detached dwelling and shall:
(a) have a minimum floor area of 29.73 m2 (320 sq. ft.), and
(b) not exceed 112 m2 (1205 sq. ft.) in all land use districts.
Shared mechanical rooms and common areas shall be excluded from the floor area calculation
of the secondary suite.
(17) The maximum lot coverage of a secondary suite (detached garage) shall be limited to the area
as stipulated for an accessory building for the applicable land use district.
(18) A secondary suite in conjunction with a detached garage shall be located a minimum of:
(a) 3.05 metres (10 ft.) from the principal dwelling unit, and
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Land Use Bylaw No. 24-007
(b) 6.1 metres (20 ft.) from a side or rear property line.
(19) A secondary suite (detached garage) shall be located on the upper floor of the garage and the
main (grade) floor shall be restricted for garage/accessory use. In all land use districts, the
building must be utilized as a functional garage/accessory building for purposes incidental to the
single unit dwelling with a functional overhead garage door installed and cannot be used for
additional living space. In all other land use districts, the applicable district and whether
secondary dwellings are permitted or not shall regulate the type of secondary suite (detached
garage) building that may be built and whether the functional garage component is required.
(20) On lots or parcels where sewage treatment is managed individually on-site, the soils and private
septic treatment system must be designed and sized to manage the additional effluent produced
for the additional dwelling suite on the parcel of land.
(21) An applicant is responsible to ensure that a secondary suite (detached garage) must be able to
be constructed on a foundation of strip footings and concrete walls, concrete piers set below
frost level, or other suitable foundation in accordance with the Alberta Building Code, unless
otherwise permitted under the code.
(22) A secondary suite (detached garage) is only allowed in a land use district where it is prescribed
as a use. In Hamlet Residential land use districts, only one secondary suite may be developed in
conjunction with a principal dwelling. (A secondary suite (detached garage) is not permitted in
the Hamlet Residential land use districts).
(23) An applicant is responsible for obtaining all required building permits and the development of a
secondary suite (detached garage) shall adhere to the Alberta Building Code and Alberta Fire
Code as a condition of approval.
35. SERVICE STATIONS AND GAS BARS
The following regulations apply:
(1) The minimum front yard shall be 12.19 metres (40 ft.) and no gasoline pumps shall be located
closer than 6.10 metres (20 ft.) from the front property line.
(2) The side and rear yard shall be 6.10 metres (20 ft.) with no intervening pumps or accessories.
(3) Maximum site coverage shall be 30 percent.
(4) The location and installation of the fuel tanks shall be in accordance with the Fire Protection Act
and Alberta Environment.
(5) The exits and entrances to the station site shall be clearly marked by curb cuts, painted markings,
concrete abutments or any other means satisfactory to the Development Authority.
(6) An appropriate chain link fence not less than 0.91 metres (3 ft.) high may be required around
the property to catch debris and trash.
(7) The stacking or queuing lanes must be in accordance with Part 4, Section 30 of this bylaw.
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Use Specific Land Use Provisions Part 5 | 37
36. SHIPPING CONTAINERS (or C-Containers, Sea-Containers)
GENERAL STANDARDS
(1) Shipping containers shall only be allowed in the land use
districts where they are listed as a permitted or discretionary
use in Part 3 - Land Use Districts and Regulations.
(2) See Part 2, Development Not Requiring a Development Permit,
for the land use districts where a permit requirement may be
exempted.
(3) In the Grouped Country Residential (GCR) land use district for
permanent Shipping Containers, only one container is allowed on a parcel 0.4 ha (1.0 acre) or
less in size and up to two may be allowed on parcels 0.8 ha (2.0 acres) or greater in size (this
does not include Temporary Shipping Containers).
(4) An application for a development permit for a proposed shipping container(s) must be
completed and submitted to the Development Authority along with the appropriate application
fee. At least two recent colour photographs of each container (one end view and one side view)
must accompany the application.
(5) There shall be a primary use on the property where the shipping container is proposed, except
as provided in section 32(16).
(6) All shipping containers must be located in the rear or side yards only, and the rear and side
setback requirements shall be regulated by the Development Authority and the requirements
of the appropriate land use district.
(7) The maximum number of shipping containers permitted on a lot shall be regulated by the
Development Authority. The placement of shipping containers may be restricted if architectural
controls are in place for a subdivision and registered on the subject land which prohibit shipping
containers.
(8) Where multiple shipping containers are permitted on a lot, they shall be stacked no more than
two containers high.
(9) The Development Authority may require as a condition of approval that any shipping container
must be painted to match the colour(s) of the principal building or be sandblasted and/or
painted to the satisfaction of the Development Authority.
(10) The Development Authority may require as a condition of approval that any shipping container
be screened from view or landscaped.
(11) The exterior of all shipping containers must be kept clean and regularly painted.
(12) Shipping containers shall not display advertising, company logos, names or other marketing
without an approved sign permit. Shipping containers used for temporary storage in the case of
an emergency may be exempted from this requirement.
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(13) The Development Authority may regulate the time period for which a development permit is
valid through the issuance of a temporary permit. The validity of a temporary permit shall not
exceed one year.
(14) The Development Authority may require as a condition of approval the posting of a security
deposit guaranteeing compliance with the conditions of the permit.
(15) A development that proposes to convert shipping containers to use as a building or structure
for a different use may be considered by the Development Authority subject to the following:
(a) the use is a permitted or discretionary use in the applicable land use district in which the
development is proposed;
(b) the shipping container conversion will be able to meet all applicable building and safety
code requirements; and
(c) the Development Authority is satisfied that the design, character and appearance of the
finished building is compatible with other buildings in the vicinity and that the design,
character and appearance of the building is consistent with the purpose of the land use
district in which the building is located.
(d) The Development Authority may require engineering reports, structural engineer stamped
schematic drawings, and building inspection reports in consideration of approving a
development permit for a shipping container conversion.
TEMPORARY SHIPPING CONTAINERS - CONSTRUCTION RELATED
(16) A shipping container may be placed temporarily on a construction site, for the period of
construction only, or in conjunction with renovation work being done to a building, in any land
use district without obtaining a development permit in accordance with Part 2, Development
Not Requiring a Development Permit, provided the time period does not exceed 6-months from
the time of placement on the property subject to the following provisions:
(a) the shipping container is needed in connection with construction of a development for
which a development permit has been issued;
(b) the construction site is active (i.e., construction has commenced and is on-going or is about
to commence within one week); placement of a shipping container on an inactive
construction site is not permitted;
(c) no more than one shipping container is placed on the construction site (a development
permit will be required for any additional shipping containers that are required);
(d) the exterior of the shipping container is kept clean and does not display any advertising
other than the company logo or trademark;
(e) in hamlet land use designations, the shipping container shall be located a minimum of 3.05
metres (10 ft.) from the front property line and 1.52 metres (5 ft.) from the side and rear
property lines. On corner lots, placement of the container shall also comply with the corner
lot restrictions in Part 4, Section 7;
(f)
in rural land use designations, the placement of the shipping container shall comply with
public roadway setback requirements in Part 4, Section 16;
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(g) the shipping container shall be removed within 21 days upon completion of construction
or sooner as may be required by the Development Authority. If the time period exceeds the
6-months from the time of placement on the property a development permit is required.
TEMPORARY SHIPPING CONTAINERS - EMERGENCY/REMEDIATION
(17) A shipping container may be placed temporarily on a property in the case of an emergency to
temporarily accommodate the storage of goods where a dwelling or building has been damaged
in a fire or flood in conjunction with salvage and renovation work being done to a building, and
does not need a development permit if the time period does not exceed 6-months (refer to Part
2) subject to the following provisions:
(a) The shipping container shall be sited entirely on the property and in hamlets it shall not
encroach over property lines or municipal streets, lanes, or sidewalks. In rural land use
designations, the placement of the shipping container shall comply with public roadway and
property line setback requirements.
(b) The temporary shipping container may only be placed on a property in any land use district
where it is listed as a permitted use without a development permit being required.
(c) Only one temporary shipping container shall be placed on a property in any land use district
at any one time unless otherwise authorized by the Development Authority.
(d) The shipping container shall be removed as soon as possible, but for a period not to exceed
21 days, upon completion of clean-up remediation work or construction or as may be
required by the Development Authority.
(e) If additional time is required beyond the 6-months a development permit application must
be applied for.
SHIPPING CONTAINERS ASSOCIATED WITH AGRICULTURE
(18) Within the Rural Agricultural - "RA", Urban Fringe - "RUF" land use districts a maximum of two
shipping containers are permitted without obtaining a development permit (refer to Part 2)
subject to the following provisions:
(a) the shipping containers are associated with agriculture;
(b) the location of the containers complies with the public roadway and property line setback
requirements, of the land use district;
(c) the exterior of the shipping containers are kept clean and regularly painted;
(d) the shipping containers shall not display advertising, company logos, names or other
marketing.
(19) Where allowed in the applicable land use district, more than two shipping containers
associated with agriculture may be permitted by obtaining a development permit.
37. SHOOTING RANGE STANDARDS AND LOCATION CRITERIA
The following standards and criteria will apply for consideration of a development permit application
for a shooting (firing) range, including rifle, pistol, shot guns for skeet shooting and archery:
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Land Use Bylaw No. 24-007
APPLICATION INFORMATION
(1) An application must be accompanied by the following documentation:
(a) a comprehensive site plan illustrating the location of the range and any buildings on the
parcel of land, accessory buildings or structures, access and egress to the parcel, parking
areas, landscaping, utility easements or corridors. For outdoor ranges, the site plan, or
supplementary plan, must illustrate or identify the adjacent land uses within the 1
kilometre setback distance prescribed in section (2) below;
(b) a surveyed site plan;
(c) information on the type of water and sewer servicing proposed;
(d) a report or evidence demonstrating compliance with any operating licences required by
federal or provincial laws;
(e) evidence that the proposal will conform to the Firearms Act, Shooting Clubs and Shooting
Ranges Regulations and the R.C.M.P. Range Design and Construction Guidelines for
Shooting Ranges.
SETBACKS FROM OTHER USES
In addition to firing range standards administered by the province, the following minimum separation
distances shall be required between firing ranges and land uses that would be sensitive to gunshot
noise and range activity:
(2) Setbacks for outdoor shooting (firing) ranges are:
(a) 2.4 kilometres (1.5 miles) from schools, residences, campgrounds, hospitals, parks,
playgrounds, churches and other institutions, recreational trails, shopping centres, and
known habitat of rare, threatened or endangered animal species;
(b) 1.6 kilometres (1.0 mile) from national wildlife refuges, migratory bird sanctuaries,
protected natural areas designated under legislation, deer wintering areas, and industrial
areas.
(3) The above setbacks apply only to new ranges and not to firing ranges in existence at the time
this bylaw came into effect.
(4) The direction of fire and orientation of ranges approved after this bylaw came into effect must
not be toward a public highway, road, trail, developed area or public use area.
(5) For outdoor archery ranges, the applicable minimum land use district setbacks apply, however,
the direction of fire and orientation of ranges approved must not be toward a public highway,
road, trail, developed area or public use area.
(6) Indoor shooting (firing) ranges must be located no closer than 152.40 metres (500 ft.) to the
nearest school, hospital or residence.
PARKING
(7) Parking requirements shall be calculated on the basis of the average number of shooters and
visitors that would be at the range at any one time, plus staff.
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ACCESS
(8) Outdoor shooting (firing) ranges must have access to a public all weather road. As a condition
of a development permit approval, the applicant may be required to enter into a Development
Agreement with Lethbridge County to construct or improve a public road to required acceptable
municipal engineering standards, to provide suitable public access.
ACCESSORY BUILDINGS
(9) Accessory buildings may be permitted at a firing range provided they are used for purposes
incidental to the firing range such as:
(a) firearm safety training;
(b) hunter education;
(c) fundraising and social activities that support the Shooting Club;
(d) grounds or building maintenance; and
(e) sale of items for the convenience of range users, such as snack foods.
PUBLIC CONSULTATION
(10) Public notification is required prior to the Development Authority rendering a decision on a
development permit application, by the Development Authority sending a letter to adjacent
landowners within a one-kilometre distance of the site on which a firing range is being proposed
(including the range safety area) and inviting them to respond back with any comments and
concerns within 21 days of the notification being mailed.
(11) The Development Authority may, prior to rendering a decision, require the applicant to conduct
a public consultation session with landowners within a one-kilometre distance of the site by
advertising and holding a public meeting. If this is required, then the applicant must
subsequently submit to the Development Authority a report regarding the public response to
the proposal and copies of all written submissions.
OTHER REQUIRED APPROVALS
(12) Notwithstanding that a development permit may be approved by the municipality, this in no
way exempts an applicant from being responsible for obtaining all required federal or provincial
licenses or approvals.
(13) As a condition on a development permit approval, the Development Authority may require that
the applicant file copy of all federal or provincial licenses, approvals or refusals issued by federal
or provincial authority with the municipality.
38. SIGNS
See Part 6 - Sign Regulations.
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39. SURVEILLANCE / SECURITY SUITES
(1) A development permit for a surveillance/security suite will only be issued if the surveillance suite
is clearly compatible with and subordinate to the principal use of the subject parcel. Moreover,
in the opinion of the Development Authority, the placement of a surveillance suite shall be
compatible with all existing, principal development/land uses on adjacent properties and shall
not interfere with future principal development/land uses of adjacent properties.
(2) Where a surveillance / security suite is attached to the building on a site by a roof, an open or
enclosed structure, floor or a foundation, it is to be considered a part of the principal building.
(3) The minimum and maximum floor area of any detached surveillance / security suite shall be
50 m2 (538 sq. ft.) and 102 m2 (1098 sq. ft.) respectively.
(4) Where a surveillance / security suite is a manufactured home unit, the following shall apply:
(a) the unit shall have a CSA certification or equivalent, proof of which shall accompany the
development permit application;
(b) the unit shall be secured and skirted to the satisfaction of the Development Authority.
40. TELECOMMUNICATION ANTENNA SITING PROTOCOLS
Telecommunication, radio communication and broadcast antenna systems are regulated by
Innovation, Science, and Economic Development Canada. An applicant proposing to locate a
telecommunication, radio communication or broadcast antenna system within the County, which
does not meet the exclusion criteria in Appendix A shall be subject to the Siting Protocol process as
stipulated in Appendix A. The Telecommunication Antenna Siting Protocol Application form and
applicable fee must be submitted by the proponent to the Development Authority who will
determine if the municipality will grant a letter of concurrence or non-concurrence.
(1) See Appendix A - Telecommunication, Radiocommunication and Broadcasting Antenna Systems
(Antenna Systems) Siting Protocol.
41. TOURIST HOMES/SHORT TERM RENTALS
A tourist home/short term rental means a dwelling unit operated as a rental or lease accommodation
unit, occupied by a guest or guests for a period not to exceed 30 days. The dwelling owner/operator
may or may not be residing in the dwelling during the period it is being occupied by guests.
(1) The operation of a tourist home/short term rental requires an approved development permit.
(2) Tourist homes/short term rental are prohibited in residential districts except where they are
expressly listed as a permitted or discretionary use.
(3) Development Permit applications for tourist homes/short term rental shall be referred by the
Development Authority to the regional Health Authority for comment, prior to making a decision
on an application.
(4) Where approved, tourist home/short term rental s shall be developed and operated in
accordance with the following regulations in order to ensure that the impacts of this commercial
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use do not unduly affect the amenities of the residential neighbourhood in which they are
located:
(a) The maximum number of bedrooms in a dwelling unit used for a tourist home/short term
rental shall be four (4), with maximum of eight (8) 'sleeping' guests at one time.
(b) No sleeping units shall contain kitchen facilities.
(c) Tourist homes/short term rental require a development permit. The Development
Authority may issue a Stop Order at any time if, in the opinion of a Development Authority,
the operator has violated any provision of this bylaw or the conditions of a permit.
(d) Tourist homes/short term rental shall not interfere with the rights of other residents to
quiet enjoyment of a residential neighbourhood.
(e) Prior to making a decision on a development permit application for a tourist home/short
term rental, the Development Authority may require the applicant to submit a building
inspection report to verify if the dwelling meets Alberta Safety Code requirements or if
deficient, if it may be brought into compliance to address any safety issues.
(f) A Tourist Home/Short Term Rental development permit shall not be approved for a
dwelling if a bed and breakfast establishment has been approved for the same dwelling.
(5) The operator of the tourist home/short term rental shall:
(a) not publicly advertise the tourist home/short term rental unless in possession of a valid
development permit at the time the advertisement is placed and displayed;
(b) keep and maintain, or have kept and maintained by a company or individual identified in
the development permit application, a guest register that shall be reasonably available for
inspection by Development Authority;
(c) provide one hard surfaced, on-site parking stall per bedroom. Parking stalls shall not be
tandem;
(d) not display any form of advertising related to the tourist home/short term rental except as
provided for in this bylaw;
(e) ensure that the building conforms to the Alberta Safety Code and any other provincial
regulations; and
(f) be responsible for complying with Alberta Government requirements relating to the
provincial tourism levy on accommodation.
(6) Development Permit applications and approvals for tourist homes/short term rental may
include a maximum of 12 RV (recreational vehicle) sites for seasonal rental or lease as an
accessory use to the tourist home, provided the Development Authority is satisfied that the site
is suitable, effectively screened from neighbouring residence's view, and potable water and
septic disposal is adequate.
42. WAREHOUSING AND STORAGE
See Part 3 - Land Use Districts and Regulations (Rural Industrial - RI, Business Light Industrial - BLI
land use districts) and Part 4 - General Land Use Provisions, Section 25 (Landscaping and Screening).
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Land Use Bylaw No. 24-007
43. WORK CAMPS
(1) Work camps shall only be allowed in the land use districts where they are listed as a
discretionary use in Part 3 - Land Use Districts and Regulations.
(2) A concept plan shall be provided, to the satisfaction of the Development Authority that indicates
the location, design standards and site requirements of any proposed:
(a) common accessory uses and services, such as washrooms, laundromats, recreational
buildings, retail stores, food concessions, fire pits, fire wood storage;
(b) lighting;
(c) water supply;
(d) wastewater disposal facilities;
(e) solid waste collection facilities; and
(f)
any other similar uses or services that may be associated or required for the development
of a work camp.
(3) The following regulations shall be applied in designing the work camp site plan:
(a) the road system shall be properly signed for users and for emergency response vehicles,
and shall to sensitive to the topography and environmental characteristics of the site;
(b) roads shall be surfaced to the satisfaction of the Development Authority;
(c) all utility services and all utility wires and conduits shall be provided as required by the
Development Authority; and
(d) setbacks shall be in accordance with the regulation of the applicable land use district.
(4) All work camps shall be developed in compliance with the Work Camps Regulation, Public Health
Act, Alberta Regulation 218/2002 as amended.
PART 6
SIGN REGULATIONS
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Sign Regulations Part 6 | 1
PART 6
SIGN REGULATIONS
This Part prescribes requirements for signs, and sign owner responsibilities. It also contains regulations
pertaining to safety of the signs installation and requirements for specific types of signs. The intent of this
Part is to ensure that safe, well-designed and aesthetically pleasing signs are located around the County.
1.
DEFINITIONS
In addition to the definitions in Part 9 of this bylaw, the following definitions apply to this Part:
Abandoned Sign means a sign which advertises or identifies an activity, business, owner, product,
lessee or service which no longer exists or a sign for which no legal owner can be found.
Animated Sign means a sign which uses movement or change of lighting to depict action or to create
a special effect or scene, but does not include a changeable copy sign.
Awning means an adjustable or temporary roof-like covering fitted over windows and doors and used
for either shelter, advertising or decoration.
Banner Sign means a temporary sign that is made of lightweight
material intended to be secured to the flat surface of a building or
structure, at the top and the bottom on all corners, excluding
official flags and emblems.
Balloon Sign means any inflatable device, used or employed as a sign that is anchored to the ground
or to a building.
Billboard means a large freestanding structure to provide a medium for advertising where the copy
can be periodically replaced and is a sign greater than 3.0 m2 (32.3 sq. ft.) that may or may not contain
advertising related to the development within the parcel upon which the billboard sign is located.
This does not include an identification sign.
Canopy Sign means a sign placed on a permanent projection from the exterior wall of a building and
is typically mounted, printed, painted or otherwise attached to an awning, canopy or marquee, and
where the projection or canopy has been primarily designed to provide shelter to pedestrians or
vehicles.
Changeable Copy Sign means a sign where the content changes automatically through electronic
and/or mechanical means and may include typical features such as an electronic message centre, or
time and temperature unit.
Construction Sign means a temporary sign erected on a site where construction is taking place to
identify the construction project and those parties having a role or interest in the construction.
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Land Use Bylaw No. 24-007
Copy means the message on a sign in either permanent or removable form.
Copy Area means the entire area within a single straight line geometric figure or a combination of
squares or rectangles that will enclose the extreme limits of the advertising message or
announcement including decorations related to the specific nature of the advertising message or
announcement.
Community Signs means any sign advertising a local community organization.
Directional and Information Sign means a sign, the message of which is limited to
providing direction guidance, distance, facility or similar information and which may
contain a name or logo.
Facade means the entire front of a building including the parapet.
Fascia Sign means a sign attached across the face of a building, located approximately parallel
thereto, in such a manner that the wall becomes the supporting structure for, or forms the
background surface of the sign, which does not project more than 0.30 metre (1 ft.) from the building
or structure supporting said sign.
Freestanding Sign means any sign supported by a freestanding column(s) or structure placed in or
on the ground and not attached to any building or other structure.
Home occupation Sign means a sign advertising a home occupation approved under the provisions
of the Land Use Bylaw.
Incidental Sign means a small sign, decal or emblem advertising goods, facilities, business hours or
services available on the premises.
Identification Sign means a sign which typically relays information pertaining to the identification of
a site or development, the address, or where the copy contains only the following information:
(a) the name and/or address of a building, use or person; and/or
(b) the activity carried out by that person, or at that location; or
(c) directions to the business or development.
Lawn Sign means a sign where the base of the sign structure is located on the ground or a maximum
of 0.3 metre (1 ft.) above the adjacent grade and the width of the base and the top of the sign
structure are approximately equal.
Merchandising Aid means a device, such as statues, inflatables, and tethered balloons intended to
call attention to a business and which may contain a name, logo, advertising message or
announcement.
Multiple Listing or Multi-tenant Sign means a sign that contains within one structural frame two or
more smaller signs, each of which identifies or advertises a different business, organization, or
facility.
Off-premises Sign means any sign that may contain sign content that advertises or otherwise
identifies a service, product or activity conducted, sold, or offered at a location other than the
premises on which the sign is located.
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Parapet means the extension of a false front wall above a roof line.
Portable Sign means a sign that is not permanently affixed to a building, structure or the ground and
is supported on a structure or trailer allowing it to be readily moved from one location to another
with the sign area not exceeding 4.46 m2 (48 sq. ft.).
Projecting Sign means a sign other than a canopy sign or fascia sign which is attached to and projects,
more than 0.3 metre (1 ft.) horizontally from a structure or building face. Shingle signs may be
considered a type of projecting sign.
Real Estate Sign means a sign pertaining to the sale or lease of the premises or a portion of the
premises on which the sign is located.
Resident Identification Sign means a sign located on the premises, limited to providing the address
and/or name of the owner or occupant of a building or premises.
Roof Sign means a sign that is placed on, above or is incorporated as part of the roof of a building or
a sign where more than 50 percent of the copy face projects above the roof of a building.
Shingle Sign means a small sign which is suspended from a mounting attached directly to the building
wall. Shingle signs are generally placed perpendicular to the face of a building.
Sidewalk or A-board Sign means a portable sign which is set on the ground, built of two similar pieces
of material and attached at the top by a hinge(s) so as to be self-supporting when the bottom edges
are separated from each other and designed and built to be easily carried by one person.
Sign means a development or location of any object, device, display or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify, display, relay information, direct
or attract attention to an object, person, institution, organization, business, product, service, belief,
event or location by any means, including words, letters, figures, design, symbols, fixtures, colours,
illumination or projected images.
Sign Area means the entire face of a sign
including the advertising surface and any framing,
trim or moulding, but not including the
supporting structure, with the sign area of
individual letter signs being the sum total of the
area of the smallest straight line geometric figure
that encloses the individual letters or figures of
the sign.
Sign Content Area means the entire area within a
single straight line geometric figure or a combination of squares or rectangles that will enclose the
extreme limits of the advertising message or announcement including decorations related to the
specific nature of the advertising message or announcement.
Sign Band means a prominent exterior display surface located horizontally between storefront
windows and the cornice or roofline.
Sign area = length of A x length of B
Sign content area = length of C x length of D
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Land Use Bylaw No. 24-007
Sign Clutter Area means any area of Lethbridge County that Council has declared by resolution to
appear cluttered by an excessive number of signs, and therefore warranting special restrictions in
order to limit the sign clutter.
Sign Height means the vertical distance measured from the highest point of the sign or sign structure
to the finished grade.
Sign Illumination means the lighting or exposure of a sign to artificial lighting either by lights on or in
the sign or directed toward the sign.
Sign Projection Style means the method by which the sign content is conveyed to the viewer (e.g.
lettering/logo, animation, changeable content, movement/motion).
Sign Type means the type of structure of a sign (e.g. billboard, freestanding, portable, etc.) used to
convey sign content.
Temporary Sign means a sign other than a portable sign which is not permanently attached to a
supporting structure or building and designed or intended to be displayed for a short period of time,
typically in place for less than 12 weeks.
Theme Sign means any sign that is part of a series or group of signs incorporating a distinctive theme,
design or logo.
Third Party Sign means any permanent off-premises sign advertising a commercial activity not
located on the same lot or parcel of land as the sign.
Wall Sign means a sign fastened to or painted on the wall of a building.
Window Sign means a sign painted on, attached to or installed on a window intended to be viewed
from outside the premises.
Vehicle Sign means a sign mounted, painted, placed on, attached or affixed to a trailer, watercraft,
truck, automobile, or other form of motor vehicle so parked or placed so that the sign is discernible
from a public street or right-of-way as a means of communication or advertising.
2.
GENERAL RULES AND CRITERIA
All signs within Lethbridge County shall comply with the following:
(1) No one shall erect, place, alter, or relocate a sign without having first obtained a development
permit from the Development Authority, excepting signs that do not require a development
permit in Section 3 of this Part.
(2) In addition to information submitted with any development permit application, the
Development Authority may require additional details including:
(a) the location of all existing and proposed signs on the lot or premises;
(b) all size, height, and other dimensions of the proposed signs and any supporting structures,
including mounting details if the sign is proposed to be mounted to a building;
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(c) the exact message content of the proposed sign face, the finish proposed for the sign(s)
and the type of illumination or animation, if any; and
(d) photos and/or drawings at a suitable scale.
(3) A sign shall not be erected on any property or building unless permission is granted in writing
from the registered property owner.
(4) The owner of the sign shall be considered the registered owner of the property on which the
sign is placed.
(5) The owner of a sign shall at all times maintain the sign in a proper, safe and tidy state of repair
and shall not permit the sign to become dilapidated or unsightly, to the satisfaction of the
Development Authority.
(6) The Development Authority may, by notice in writing:
(a) direct the owner to correct the condition of any sign or remove any sign within thirty (30)
days of receipt of the notice where, in the opinion of the Development Authority, the
condition of the sign constitutes a violation of this Bylaw or any permit hereunder and/or
has become unsightly or is unsafe;
(b) order the owner to stop work on a sign if it is proceeding in contravention of this Bylaw or
if a sign permit has not been issued.
(7) All sign structures shall be securely built, constructed, and erected to conform to the standards
set forth in this bylaw and the current Alberta Safety Codes, as applicable.
(8) No person shall erect, construct or maintain a sign or a display structure so as to create a hazard
for pedestrian or vehicular traffic by blocking sight lines between pedestrian and vehicular traffic
or distracting a driver or pedestrian, as determined by the Development Authority.
(9) No sign shall be placed or projected within a public roadway or be attached to any object in a
public roadway except as may be authorized by Alberta Transportation or Lethbridge County.
(10) Unless otherwise specified in the specific land use district or by the Development Authority,
signs may be located within the 38.1 metres (125 ft.) setback of the centre line of a municipal
public roadway provided the footing or projection of each sign shall not be less than a minimum
distance of 6.1 m (20 ft.) of the right-of-way boundary and they are located in such a manner as
to not impede safety or obstruct views of vehicular traffic.
(11) Within designated hamlets, designated commercial or industrial parcels, or business parks, no
sign shall be placed or project within a municipal public roadway. Signs may be located subject
to the following:
(a) unless otherwise specified in the specific land use district, the Development Authority, or
by Alberta Transportation, the footing or projection of each sign shall not be less than 3 m
(9.8 ft.) from the property line or road right-of-way boundary; and
(b) the Development Authority may regulate the required setbacks to a public roadway and
property lines as they determine necessary.
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Land Use Bylaw No. 24-007
(12) No person shall erect a sign within 300 metres (1,000 ft.) of a highway, or 800 metres (0.5 miles)
of a highway intersection, unless approved by Alberta Transportation. The applicant shall
contact Alberta Transportation to ensure the proposed signage is in compliance with the Alberta
Highway Development Control Regulations and to obtain any required roadside development
permits. Where required, a copy of the approved Roadside Development Permit shall be
submitted as part of the application or placed as a condition of sign permit approval by the
Development Authority.
(13) Upon consent of Alberta Transportation, the Development Authority may approve the sign
adjacent to a provincial highway at a distance no closer than the setback approved by Alberta
Transportation.
(14) Signs shall be located so as not to become a visual obstruction or other traffic hazard.
(15) As a condition of approval, the Development Authority may regulate the size, location,
materials, and design of the sign to ensure that the quality of the sign is suitable in its proposed
location.
(16) Unless it is signage located on a multi-tenant sign, no more than 5 individual signs combined in
total that require a development permit shall be permitted on a property unless the
Development Authority agrees to grant a variance.
ILLUMINATED OR ANIMATED SIGNS
(17) No sign shall be illuminated unless the source of light is steady and suitably shielded, unless it is
otherwise permitted with a specific sign type.
(18) Illuminated, moving or animated signs, digital and electronic message boards (changeable copy)
that are distracting to vehicle users on highways shall not be allowed.
(19) Any sign that is illuminated, animated, or a digital and electronic message board (changeable
copy) located within 300 metres (1,000 ft.) of a provincial highway right-of- way or within 800
metres (2,625 ft.) of the centreline of a highway and a public road intersection must be approved
by Alberta Transportation.
(20) Animated signs, digital and electronic message boards (changeable copy) are only permitted at
the sole discretion of the Development Authority in accordance with the sign type where it is
allowed and on parcels containing approved commercial or industrial uses, or on parcels
designated for such use. Animated signs, digital and electronic message boards (changeable
copy) are strictly prohibited in any residential land use district.
(21) Permitted sign type - Only fascia, freestanding and portable signs may be considered for
projection using animation, digital or electronic message board changeable copy.
(22) Not more than two (2) animated, digital or electronic message board sign is permitted on the
premises.
(23) Signs using animation, digital or electronic message board (changeable copy) must not directly
face or be visible from nearby dwellings or residential districts within 300 metres (984 ft.)
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(24) There shall be a minimum 400 metres (1,312 ft.) separation distance between all signs using
animation, digital or electronic message board (changeable copy).
(25) Where buildings abut a highway or municipal road allowance, signs facing and visible from that
roadway may be considered for approval by the Development Authority with animated, digital,
and electronic message boards (changeable copy) if they comply with the following principles:
(a) one (1) sign per visible frontage (building façade). The maximum dimension of such sign
should not exceed 3.0 metres (9.8 ft.) by 3.0 metres (9.8 ft.) in size and not exceed a depth
of 0.3 metres (1.0 ft.);
(b) the sign shall comply with the setback standards to residential uses in Section (23) above;
and
(c) signs within the prescribed distances referred to in Section (19) above must be approved
by Alberta Transportation.
(26) As a condition of approval, the Development Authority may regulate the size, location, materials
and design of the sign to ensure that the quality of the sign is suitable in its proposed location.
(27) Variances may be considered by the Development Authority in exceptional circumstances if
warranted by the merits of the case, in accordance with Part 1, Section 30 of this bylaw.
(28) The applicant shall be responsible for obtaining any other necessary municipal, provincial or
federal permits.
(29) When a sign cannot be clearly categorized as one of the sign types as defined in this bylaw, the
Development Authority shall determine the sign type and any and all applicable standards.
(30) No illuminated signage shall be permitted in developments where they might, in the opinion of
the Development Authority, affect residents in adjacent housing or residential area.
3.
SIGNS NOT REQUIRING A PERMIT
(1) No development permit is required for the following types of signs, provided they meet the
requirements of this bylaw:
(a) construction company signs, provided such signs are removed within 14 days of the
completion of construction;
(b) signs erected for any public building or use;
(c) political posters/election signs that comply with the standards in Section 4(8) through (15)
of this Part, provided all such signs are removed within 14 days after the completion of the
relevant election or plebiscite;
(d) real estate, rental or for lease signs, provided all such signs are removed within 30 days
after the sale or lease of the premises upon which the sign is located;
(e) municipal address/residency identification signs, provided the sign is no greater than 0.2 m2
(2 sq. ft.) in area;
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(f)
garage sale signs, provided the owner of the property upon which the sign is located has
approved its placement and that the sign is removed immediately upon the conclusion of
the sale;
(g) on-premises directional and informational signs and incidental signs 0.4 m2 (4 sq. ft.) or less
in area;
(h) any traffic or directional and informational signs erected by Lethbridge County or the
provincial or federal government;
(i)
any community service bulletin board erected by Lethbridge County and any notices posted
on the bulletin board;
(j)
any balloon sign subject to the standards in Section 4(2) of this Part;
(k) any window sign posted on the interior of the premises, in accordance with Section 4(19-
20) window signs;
(l)
any sign approved in conjunction with a home occupation permit;
(m) sidewalk or A-board signs provided they are not located within the public right-of-way and
are located in a manner so as not to hinder pedestrian traffic;
(n) any sign appearing on street furniture, such as benches or garbage containers, that are
located on private property;
(o) any sign appearing on street furniture, such as benches or garbage containers, that are
located on public land if an agreement to locate the street furniture has been reached with
Council;
(p) any banner sign appearing on a commercial, industrial or public/institutional building,
structure or property provided such signs are:
(i)
located on private property;
(ii) are displayed for a period not to exceed 60 days;
(iii) are not located within 304.8 metres (1,000 ft.) of a highway, or 800 metres (0.5 miles)
of a highway intersection, unless the prior approval of Alberta Transportation has been
obtained; and,
(v) are not attached to shipping containers, or attached to licensed or un-licensed vehicles
or trailers;
(q) signs 3.0 m2 (32.3 sq. ft.) or less, painted or erected on extensive agricultural parcels, farm
buildings and structures promoting or identifying agricultural pursuits or on-site farm
products for sale;
(r) maintenance of a lawful sign that does not alter its location, height, dimensions, structural
framework;
(s) change in copy of a lawful sign provided all such signs are suitably maintained to the
satisfaction of the Development Authority; or
(t) portable signs that otherwise conform to the standards of the bylaw.
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(2) Permits may be required for all the above sign uses (Section 3(1)) if the land is contained within
the Airport Protection Area - See Part 5 - Use Specific Provisions, Section 3 (Airport Area
Restrictions).
4.
SPECIFIC SIGN TYPE STANDARDS
OFF-PREMISES SIGNS
(1) Off-premises signs shall only identify businesses or services that operate in Lethbridge County,
charitable organizations, service clubs, or public and institutional uses. The standards applied
to off-premises signs shall be in accordance with the type of sign proposed to relay the message
or advertisement, and whether the sign type is allowed in the applicable land use district.
TYPE 1 SIGNS
BALLOON SIGNS
(2) Notwithstanding that no permit is required in accordance with Section
3 of this Part, a balloon sign shall:
(a) not be permitted in any residential land use district;
(b) be securely anchored or fastened to wind resistant ground
structures or building fasteners; and
(c) not be located within the public right-of-way, and not hinder or
obstruct pedestrian or vehicle traffic.
DIRECTIONAL AND INFORMATIONAL SIGNS
(3) Directional and informational signs that are either off-premises
and/or greater than 0.4 m2 (4 sq. ft.) in size require a development
permit.
(4) The Development Authority may limit the number and size of
directional signs in commercial, business or industrial parks to ensure the signs are coordinated
with the design of the building and site in terms of locations, scale, materials, finishes and
colours. Gateway features should be designed and constructed at strategic locations identified
in the development site plan.
HOME OCCUPATION SIGNS
(5) In all Hamlet Residential land use districts, a sign associated with a
home occupation shall:
(a) be limited to one fascia sign, wall sign, shingle type projecting
sign or window sign on the premises of an approved home
occupation use;
(b) not exceed 0.4 m2 (4 sq. ft.) in area; or
(c) not cover more than 50 percent of the surface area of the
window.
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(6) In all land use districts, except the Hamlet Residential land use district, a sign associated with a
home occupation shall:
(a) be limited to one fascia sign, wall sign, shingle type projecting sign, window sign or
freestanding sign on the premises of an approved home occupation use;
(b) not exceed 1.5 m2 (16 sq. ft.) in area;
(c) not exceed a total height of 1.5 metres (4.9 ft.) from the ground (as measured from grade);
and
(d) for a window sign, not cover more than 50 percent of the surface area of the window.
(7) The standards for home occupation signs may also be applied by the Development Authority to
other similar uses, such as Bed and Breakfasts, Tourist homes, Day homes, Day-cares, and Group
homes.
POLITICAL / ELECTION SIGNS
Political / Election Signs, notwithstanding that no permit is required in accordance with Section 3 of
this Part, are subject to the following standards:
(8) Election signs may be placed on private or public property (with the authorization of the
property owner).
(9) No encroachment of an election sign from private property onto public property will be
permitted unless it is at a designated location authorized by the municipality.
(10) Election signs must be located at least 2.0 metres (6.6 ft.) from the edge of the travelling surface
of a public roadway.
(11) Election signs on public property may not exceed 1.5 m2 (16.0 sq. ft.) in size nor 3.6 metres
(11.8 ft.) in height.
(12) Candidates shall remove their election signs from public and private property within 14 days
after the close of the voting stations on election day.
(13) If a candidate fails to remove his or her election signs within 14 days after the voting stations
close on Election Day, the County may remove them and the candidate shall be liable for the
cost of removal.
(14) When an election sign interferes with work being carried out by County work crews or
contractors doing work on behalf of the County, the crews may remove and dispose of such
signs.
(15) The County may remove any election signs which have been erected, affixed, posted or placed
on any County property in contravention of this bylaw or which become unsightly or defaced.
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Sign Regulations Part 6 | 11
SIDEWALK OR A-BOARD SIGNS
Notwithstanding that no permit is required in accordance with Section
3 of this Part, sidewalk signs are subject to the following standards:
(16) The location of any sidewalk sign shall be such that it does not
become a visual obstruction to vehicle traffic, is not located within
the public right-of-way, and is located in a manner so as not to
hinder pedestrian traffic.
(17) The maximum height of any lawn sign shall not exceed 1.0 metre
(3.28 ft.).
(18) Not more than two signs shall be permitted on the premises.
WINDOW SIGNS
Window signs, notwithstanding that no permit is required in
accordance with Section 3 of this Part, are subject to the following
standards:
(19) Window signs shall not be illuminated in any residential land
use district;
(20) Window signs shall not cover more than 50 percent of the
surface area of the window.
SUBDIVISION IDENTIFICATION SIGNS
(21) A temporary subdivision identification sign, depicting the layout and lots available for purchase,
is allowed without a development permit as per a development agreement, and shall meet the
following standards:
(a) it must be professionally designed and maintained;
(b) it must be located on private property adjacent to the entry of the subdivision;
(c) it must not exceed 12.0 m2 (129.2 sq. ft.) in area unless the sign is located more than 10.0
metres (328.1 ft.) from a roadway;
(d) not more than one sign for each entrance to the subdivision shall be installed; and
(e) the temporary subdivision identification and sales sign must be removed after five years or
upon sale of all the lots, whichever event occurs first.
(22) Permanent subdivision name signs (e.g. "Mountain Meadows Estates") require a development
permit and are subject to the following standards:
(a) it must be professionally designed and maintained;
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(b) the sign and structure must be made of durable, low or
maintenance free materials that can withstand seasonal
weather;
(c) it must be located on private property adjacent to the
entry of the subdivision;
(c) it must meet any applicable setbacks from roadways;
(d) it shall not be located over any registered utility
easement(s) or right(s)-of-way unless agree to by the County;
(e) the Development Authority may stipulate design and types of materials to apply to
permanent subdivision name signage, including but not limited to, mounting and base type,
signboard finish, lighting, copy, and size of letters. As part of a development permit
application for such signage, the applicant may be required to submit a professionally
designed and drawn to scale sketch of the sign.
(23) Subdivision identification signs are not counted as part of the total signage limitations of a
property.
PORTABLE SIGNS
(24) A portable sign shall only be located on the premises for a period of no longer than 60 days.
(25) After the stipulated period of time has expired the sign shall be removed at the owner's expense.
(26) Copy area of a portable sign shall not exceed 3.7 m2 (40 sq. ft.).
(27) The physical size of the sign shall not exceed 4.46 m2 (48 sq. ft.).
(28) Portable signs shall not be projected using animation, digital or electronic changeable copy
unless it is located on a parcel designated or associated with commercial or industrial land use,
and approved for such at the discretion of the Development Authority.
(29) No sign shall be located in such a way as to create traffic hazards.
(30) The same or similar portable sign, portraying the same or similar message or copy, shall not be
located or placed on the same parcel of land or site for a period of 30 days from the 60-day
expiration of a previous sign installation.
(31) For a portable sign not complying with the standards as stipulated, the Development Authority
may undertake any enforcement measure necessary to ensure compliance with the bylaw.
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Sign Regulations Part 6 | 13
Portable sign examples
TYPE 2 SIGNS
CANOPY AND PROJECTING SIGNS
(32) No part of a canopy sign or projecting sign shall project more than 1.2 metres (4 ft.) over a public
sidewalk or within 1.0 metre (3.3 ft.) of a curb adjoining a public roadway.
(32) A canopy sign or projecting sign shall be mounted no less than
2.4 metres (8 ft.) above grade.
(34) A canopy sign or any physical supports for the sign shall not
extend beyond the lateral or vertical dimensions of the canopy
or its apron.
(35) A canopy sign shall be clad with textile material (fabric, cloth,
vinyl, PVC, canvas) and not be clad with wood, metal, or solid fibre glass.
(36) Approval of any canopy sign or projecting sign overhanging public land under this sign Part is
conditional upon the owners and/or occupiers of the premises upon which said sign is located
entering into an encroachment and hold harmless agreement with Lethbridge County. The
agreement may be registered on title.
Fascia sign example
Lawn sign example
Freestanding sign example
FASCIA SIGNS
(37) Not more than five fascia signs shall be permitted on the building. Buildings with two frontages
are allowed to have fascia signs on each side of the building provided the overall combined
maximum of five in total is not exceeded.
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(38) No fascia sign shall be in excess of 11.1 m2 (120 sq. ft.) in area,
but two or more permitted signs may be combined if total
fascia area does not exceed 44.6 m2 (480 sq. ft.).
(39) Whenever there is a band of several fascia signs, they should
be of a consistent size and located near the same level as other
similar signage on the premises and adjacent buildings.
(40) A fascia sign shall only be permitted either in a non-residential
land use district or in conjunction with an approved home occupation subject to Section 4(5) of
this Part.
(41) Multi-fascia signs for cluster, multi-tenant or comprehensive mall-like developments may be
permitted if warranted by the merits of the case, or as approved in a comprehensive site plan.
(42) Fascia signs projected using animation, digital or electronic changeable copy shall be at the
discretion of the Development Authority, and only on parcels designated or approved for
commercial or industrial land use. Any sign projected using animation, digital or electronic
changeable copy shall also be subject to Section 2(13-26) provisions.
(43) Fascia signs projected using animation, digital or electronic changeable copy, shall be strictly
prohibited in any residential land use district.
LAWN AND FREESTANDING SIGNS
(44) The location of any lawn sign shall be such that it does not become a visual obstruction to traffic.
(45) The maximum height of any lawn sign shall not exceed 1.5 metres (4.9 ft.).
(46) Only one sign in total of either lawn or freestanding type are allowed on the premises.
(47) The maximum height of any freestanding sign shall not exceed 10 metres (33 ft.).
(48) The maximum sign area for each face of a freestanding sign shall not exceed 11.1 m2 (120 sq.
ft.) in area.
(49) The bottom of any freestanding sign shall not be less than 1.8 metres (5.9 ft.) from ground
(average grade) level.
(50) Freestanding signs pertaining to cluster, comprehensive mall-like developments may be
required to group business signage onto single freestanding signs (multi-tenant signs) which may
warrant a variance on the size restriction by the Development Authority.
(51) Freestanding signs using animation, digital or electronic changeable copy, shall be at the
discretion of the Development Authority, and only on parcels designated or approved for
commercial or industrial land use. Any sign projected using animation, digital or electronic
changeable copy shall also be subject to Section 2(14-26) provisions.
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Sign Regulations Part 6 | 15
ROOF SIGNS
(52) No more than one roof sign per building shall be permitted.
(53) A roof sign shall not project more than 3.0 metres (10 ft.) above
the highest point of the roof.
(54) The sign shall not be placed on the sloped portion of a roof.
(55) The display surface of a roof sign shall not exceed 8.4 m2 (90 sq. ft.).
(56) Where the roof sign display surfaces are back-to-back in a common structure, it shall be
construed to be a single sign.
(57) Every roof sign shall be erected in such a manner that the support structure, guy wires, braces,
and all other secondary supports are not visible, so that the roof sign appears to be an
architectural component of the building, unless otherwise directed by the Development
Authority.
(58) No roof sign shall extend beyond the ends or sides of the building.
(59) Multi-tenant roof signs may be considered by the Development Authority, provided the
advertising is located on one roof sign only.
TYPE 3 SIGNS
Any Type 2 sign that also includes digital, illuminated or animated copy shall be categorized as a Type
3 Sign.
(60) Type 3 signs shall only be permitted in the land use districts as specified.
(61) Type 3 signs that are illuminated, moving or animated are subject to the standards as outlined
in subsections 13 through 26 of section 2 (Illuminated or Animated Signs) of this Part 5.
(62) In respect of Section 2, General rules and Criteria, Illuminated and Animated signs, no
illuminated signage shall be permitted in developments where they might, in the opinion of the
Development Authority, affect residents in adjacent housing or residential area.
5.
PROHIBITED SIGNS
All signs that are not in accordance with the definitions for signs under Section 1 or deemed to be
similar to by the Development Authority shall be prohibited from development. Specific types of
signs prohibited include, but are not limited to, the following:
(1) signs attached to or painted on Shipping Containers (C-containers/sea-containers) which are
located on parcels of land for the purpose of communicating a message or advertising;
(2) signs attached to or painted on licensed or un-licensed vehicles or trailers which are parked for
the purpose of communicating a message or advertising;
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(3) flashing or animated signs that are moving or contain digital or electronic message boards,
unless approved on commercial or industrial parcels in conjunction with Section 2(13-25) of this
Part of the bylaw;
(4) billboard or similar type signs, as defined in the definitions of this bylaw, whose main purpose is
off-premise or third party commercial advertising.
Billboard sign example
Trailer/vehicle sign example
PART 7
ALTERNATIVE / RENEWABLE ENERGY
DEVELOPMENTS
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Alternative / Renewable Energy Developments Part 7 | 1
PART 7
ALTERNATIVE / RENEWABLE ENERGY
DEVELOPMENTS
1.
DEFINITIONS
In addition to the definitions in Part 9 of this bylaw, the following definitions apply to this Part:
Alternative/Renewable Energy, Commercial / Industrial means a use that produces energy (and in
some cases other marketable by-products depending on the process utilized) fueled in ways that do
not use up natural resources or harm the environment. Energy may be derived from natural and/or
non-traditional sources (e.g. geothermal, solar, water, wind, tides, waste, etc.) and once produced is
sold and distributed off-site (commercially) to the marketplace.
Alternative/Renewable Energy, Individual means a use that produces energy that is generated from
an alternative or renewable source and that is generally derived from natural and/or non-traditional
sources (e.g. geothermal, solar, water, wind, tides, waste, etc.) and is primarily utilized on-site for
the sole consumption of the landowner, resident or occupant.
Anaerobic Digester means a facility or system designed to process animal manure, organic or septic
waste, and typically converts what used to be waste, into biogas. The biogas can be used to heat
water or create electricity and may also provide a source of organic fertilizer.
Biodiesel means a clean burning alternative fuel, produced from domestic, renewable resources,
such as soy oil and other feedstocks. Biodiesel is made through a chemical process called
transesterification whereby the glycerin is separated from the fat or vegetable oil.
Bioenergy means the energy stored in organic matter to generate electricity. This organic matter
can include agricultural residues, animal manure, waste wood, wood chips and bark. Bioenergy can
be generated in a variety of ways such as Thermal treatment, Anaerobic digestion, Biofuel or Landfill
gas.
Biofuel means a fuel derived from biological raw materials or biomass (recently living organisms or
their metabolic by-products, such as manure from cows). It is a renewable energy source and
typically, it is considered a fuel with an 80% minimum content by volume of materials derived from
living organisms harvested within ten years preceding its manufacture.
Blade means an element of a wind energy system rotor, which acts as a single airfoil, thereby
extracting kinetic energy directly from the wind.
Blade Clearance means, in reference to a horizontal axis rotor, the distance from grade to the bottom
of the rotor's arc.
Geothermal Energy means thermal energy that is generated and stored in the Earth.
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Horizontal Axis Rotor means a wind energy conversion system, typical of conventional or traditional
windmills, where the rotor is mounted on an axis horizontal to the earth's surface.
Meteorological (MET) Tower is a free-standing tower or a removed mast, which carries measuring
instruments with meteorological instruments such as thermometers and wind anemometer.
Typically, for wind farms these mount anemometers at a range of heights up to the hub height of the
proposed wind turbines (up to heights of 80 meters) and they log the wind speed data at frequent
intervals (e.g. every ten minutes) for at least one year and often for two or more.
Micro-hydro means a type of hydroelectric power that typically produces up to 100 kW of electricity
using the natural flow of water. These installations can provide power to an isolated home or small
community, or are sometimes connected to electric power networks.
Over Speed Control means a device which prevents excessive rotor speed.
Rotor's Arc means the largest circumferential path travelled by a blade.
Small Wind Energy Conversion System (SWECS) means a micro-generation wind energy conversion
system consisting of a wind turbine, a tower, and associated control or conversion electronics, which
has a rated capacity that does not exceed the allowable rated capacity of 10 kW and which will be
used primarily to reduce onsite consumption of utility power:
Type A Small Wind Energy Conversion System: This use is defined as a Small Wind Energy
Conversion System that is either roof mounted or has a tower which does not exceed 12.19
metres (40 ft.) in height.
Type B Small Wind Energy Conversion System: This use is defined as a Small Wind Energy
Conversion System that has a tower which is greater than 12.19 metres (40 ft.) in height but
does not exceed 24.38 metres (80 ft.) in height.
Solar Collector means a device or combination of devices, structures, or
part of a device or structure that transforms direct solar energy into
thermal, chemical, or electrical energy.
Solar Collector (Individual) means a smaller-scale solar device, array, or
panel that transforms direct solar energy into electrical or thermal energy
and is primarily utilized on-site, on an individual parcel, lot, or building,
for the sole or primary consumption of the landowner, resident or
occupant.
Solar Collection Facility, Commercial means a grouping of devices, panels
or structures and the substation that are capable of collecting and
distributing solar energy at one megawatt or greater for the purpose of
transforming it into thermal, chemical or electrical energy for uses no
located on-site or for distribution and/or sale office. The use includes any
associated solar panels, solar modules, supports or racks, inverters,
electrical transformer or substations required for the operation, or
associated utility structures.
Tower
Height
Ground
Level
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Alternative / Renewable Energy Developments Part 7 | 3
Total Height means the height from grade to the highest vertical extension of a SWECS. In the case
of a SWECS with a horizontal axis rotor, total height includes the distance from grade to the top of
the tower, plus the distance from the top of the tower to the highest point of the rotor's arc.
Tower means the structure which supports the rotor above grade (average ground level).
Vertical Axis Rotor means a wind energy conversion system where the rotor is mounted on an axis
perpendicular to the earth's surface.
Wind Energy Conversion System (WECS) means a wind energy conversion system consisting of a
wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity
that is greater than 10kW, the purpose of which is to produce wind energy for the commercial
market. These are typically referred to as commercial or industrial wind farms.
2.
SOLAR COLLECTORS
SOLAR COLLECTOR INDIVIDUAL
(1) A solar collector (individual) attached to a wall or roof of a building may be permitted in any land
use district as an accessory structure without the requirement for a development permit (see
Part 2, Development Not requiring A Development Permit, subject to the following:
(a) A solar collector (individual) mounted on a roof:
(i)
may project a maximum of 1.22 metres (4 ft.) from the
surface of the roof and shall not exceed the maximum
height requirements of the applicable land use district;
and
(ii) must not extend beyond the outermost edge of the
roof.
(b) A solar collector (individual) mounted to a wall:
(i)
must be located such that it does not create undue
glare on neighbouring property or public roadways;
(ii) must be located a minimum of 2.44 metres (8 ft.) above
grade;
(iii) may project a maximum of 1.52 metres (5 ft.) from the
surface of the wall, when the wall faces the rear
property line, subject to the setback requirements of
the applicable land use district; and
(iv) may project a maximum of 0.61 metres (2 ft.) from the surface of the wall when the
wall faces the front, secondary front or side property line, subject to the setback
requirements of the applicable land use district.
(2) A free-standing solar collector or a solar collector mounted to any structure other than a roof or
wall of a building shall be classified as an accessory use and processed subject to the applicable
land use district (including meeting all required setbacks to roadways and property lines) and
the following additional standards:
(a) A free-standing solar collector or a solar collector mounted to any structure other than a
roof or wall of a building:
Alternative / Renewable Energy Developments Part 7 | 4
Land Use Bylaw No. 24-007
(i)
must be located such that it does not create undue
glare on neighbouring property or public roadways;
and
(ii) must not exceed 4.5 m (15 ft.) in height above existing
grade when oriented at maximum tilt, in the GCR and
HR land use districts; and
(iii) must not exceed 6.1 m (20 ft.) in height above existing
grade when oriented at maximum tilt, in all other land use districts where the use is
allowed.
(b) In addition to the above two standards (2)(a)(i) and (ii), a free-standing solar collector or a
solar collector mounted to any structure other than a roof or wall of a building in any hamlet
residential land use district must not be located in the front, secondary front, or side yard.
(3) Individual free-standing (e.g., ground, pole mount) solar collectors on a parcel that primarily
produce power for an individual property, shall apply for a development permit and are deemed
to be a discretionary use.
(4) The use of multiple free-standing solar collectors where the primary purpose and intent of the
project is to collect, convert, and feed energy back into the provincial power/electrical grid for
the commercial sale and distribution off-site to the marketplace, shall be redesignated to Direct
Control and shall be required to obtain a development permit and comply with the following
subsection 5.
SOLAR COLLECTOR FACILITY, COMMERCIAL
(5) Developments of Solar Collector Facility, Commercial shall make an application to amend the
Land Use Bylaw to add the Solar Energy Commercial (SEC) overlay district to the subject lands.
All regulations set form in the SEC in Part 3 apply to the Development.
3. SMALL WIND ENERGY CONVERSION SYSTEMS (SWECS)
This section establishes standards development for small wind energy conversion systems for micro-
generation for use by individual households, agricultural operators or individual businesses or
industry. This section is intended to implement the necessary requirements while protecting the
scenic and natural resources of Lethbridge County and the safety and welfare of its residents.
PERMIT REQUIREMENTS
(1) In the Rural Agriculture land use district, a development permit is
not required for a Type A SWECS provided it meets the
requirements of this Part. (Type A use is defined as a Small Wind
Energy Conversion System that is either roof mounted or has a
tower which does not exceed 12.19 metres (40 ft.) in height.)
(2) In all other land use districts other than the Rural Agriculture
district, a development permit is not required for Type A SWECS
roof mounted, but Type A tower ground mounted and all Type B
SWECS (as defined) shall require a development permit unless
otherwise stipulated in the bylaw.
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INFORMATION REQUIREMENTS
(3) Applications for SWECS shall include the following information where applicable:
(a) all proposed SWECS shall be commercially manufactured, and applications shall include the
manufacturers make and model number;
(b) the manufacturer's specifications indicating:
(i)
the SWECS rated output in kilowatts;
(ii) safety features and sound characteristics;
(iii) type of material used in tower, blade, and/or rotor construction;
(iv) blade diameter and rotor clearance;
(c) tower height;
(d) potential for electromagnetic interference;
(e) nature and function of over speed controls which are provided;
(f)
specifications on the foundations and/or anchor design, including location and anchoring
of any guy wires;
(g) information demonstrating that the system will be used primarily to reduce on-site
consumption of electricity;
(h) specifications on the foundation and/or anchor design, including the location and
anchoring of any guy wires;
(i)
engineered plans, prepared by a professional engineer, for SWECS that are mounted or
attached to any building demonstrating that the building can structurally support the
SWECS;
(j)
a site plan acceptable to the Development Authority indicating:
(i)
the exact location of the SWECS on the parcel and all buildings and structures,
registered easements or right-of-way, and any overhead utilities, dimensioned to the
property lines and drawn to a satisfactory scale;
(ii) and, if located on a non-agricultural designated parcel, existing and proposed parking
and loading areas, driveways, abutting streets, avenues and lanes, and surface
drainage patterns.
REFERRALS
(4) Prior to making a decision on a development application for a SWECS, the Development
Authority may refer the application and consider the input of the following agencies and
departments:
(a) Alberta Utilities Commission,
(b) Transport Canada,
(c) NavCanada,
(d) Alberta Transportation (within prescribed distances to provincial roadways),
(e) any other federal or provincial agencies or departments deemed necessary.
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SETBACKS
(5) A SWECS shall comply with all the setbacks that govern the principal use in the district in which
it is located, or the setbacks stipulated in Section (6) below, whichever is greater. Greater
setbacks may be imposed in conjunction with Sections (8-26), Development Standards, as
outlined below.
(6) The system's tower shall be set back a minimum distance equal to the height of the tower from
all property lines and a minimum distance of 3.05 metres (10 ft.) from any other structure on
the parcel on which the system is located. On parcels 4.05 hectares (10 acres) or more, the
parcel line setback may be reduced if the applicant demonstrates that because of topography,
strict adherence to the setback requirement would result in greater visibility of the system's
tower than a reduced setback.
(7) No part of the wind system structure, including guy wire anchors, may extend closer than 3.05
metres (10 ft.) to the property boundaries of the installation site.
DEVELOPMENT STANDARDS
Small Wind Energy Conversion Systems shall comply with the following standards, which may be
placed as conditions on a development permit approval:
(8) There shall be a limit of one (1) SWECS per parcel.
(9) The system's tower shall not exceed a maximum height of 12.19 metres (40 ft.) on a parcel of
less than 0.40 hectare (1 acre), a maximum of 19.81 metres (65 ft.) on a parcel of 0.40 hectare
(1 acre) to less than 2.02 hectares (5 acres), and maximum height of 24.38 metres (80 ft.) on a
parcel 2.02 hectares (5 acres) or more.
(10) The system's tower should be located and screened by landforms, natural vegetation, or other
means to minimize visual impacts on neighbouring residences and public roads, public trails and
other public areas.
(11) The system's tower and supporting structures shall be painted a single, neutral, non-reflective,
non-glossy (for example, earth-tones, grey, black) that, to the extent possible, visually blends
the system with the surrounding natural and built environments.
(12) The SWECS shall not be artificially illuminated except as required by a federal or provincial
agency or department.
(13) The system shall be equipped with manual and automatic over speed controls. The
conformance of rotor and over speed control design and fabrication to good engineering
practices shall be certified by a licensed mechanical, structural or civil engineer.
(14) The system's tower-climbing apparatus and blade tips shall be no closer than 4.57 metres (15 ft.)
from ground level unless the system is enclosed by a 1.83 metre (6 ft.) high fence.
(15) The system's utility lines shall be underground where economically practical.
(16) The system shall be operated such that no electro-magnetic interference is caused.
(17) The system's maximum power shall not exceed 10 kW.
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(18) Except for on parcels designated as Rural Agriculture, the system shall be located in the rear
yard. Special considerations to relax this location standard may be made by the Development
Authority for commercial or industrial parcels, based on parcel size, specific site planning issues,
and location factors which include consideration for the type of land uses adjacent to the
proposal.
(19) Small wind turbines shall not exceed 60 dB(A), or in excess of 6 dB(A) above the background
noise, whichever is greater. The level, however, may be exceeded during short-term events
including utility outages and severe windstorms.
(20) Brand names or advertising associated with the system or the system's installation shall not be
visible from any public place.
(21) Prior to the installation of a SWECS the applicant and/or landowner shall obtain:
(a) all relevant federal and provincial permits and permissions;
(b) an electrical permit, and if applicable, a building permit;
(c) wire service provider approval for SWECS with a rated output of less than 10 kW that are
proposed to be connected to the grid.
(22) All components of the SWECS, including any electrical components, shall comply with the
Canadian National Standards and shall bear the appropriate certification marks.
(23) Roof mounted SWECS shall comply with all Alberta Building Code requirements and the
applicant and/or landowner shall be responsible for ensuring the roof and support structure is
reinforced, braced, or constructed to handle extreme wind conditions and the weight and
vibrations of the roof wind turbine unit.
(24) As a condition on a development permit, the Development Authority may require that the
installation of the roof mounted SWEC be reviewed by a structural engineer to verify mounting
and structural safety.
(25) The SWECS system must be installed by a certified electrical contractor prior to operation.
(26) Upon abandonment or termination of the system's use, the entire facility, including the system's
tower, turbine, supporting structures and all equipment, shall be removed and the site shall be
restored to its pre-construction condition (refer to Section 27).
DECOMMISSIONING
(27) Where the SWECS has been inactive for more than 12 consecutive months the applicant and/or
landowner is required to decommission and remove the system at their expense. If the SWECS
is not decommissioned and removed after 12 months of inactivity, the County may undertake
enforcement action.
(28) Prior to removal of the SWECS the applicant and/or landowner shall submit documentation to
the Development Authority demonstrating that the system has been disconnected from any
electrical utilities.
(29) All refuse associated with the decommissioning and dismantling of the SWECS shall be removed
from the property and disposed of appropriately.
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(30) Upon removal of the SWECS the property shall be restored to its pre-construction condition to
the satisfaction of the Development Authority.
METEOROLOGICAL (MET) TOWERS
(31) Towers that are not regulated through Transport Canada may be required by the Development
Authority to be marked with aviation paint (e.g., banding in orange and white or otherwise
conspicuous colour combination) and marker balls (in solid orange) installed on the top of guy
wires. This may be stipulated as a condition on a development permit approval.
(32) A MET tower not regulated through Transport Canada shall comply with the following setbacks:
(a) the tower shall be set back a minimum distance equal to the total height of the tower from
all property lines;
(b) the tower's guy wire anchors may extend no closer than 3.05 metres (10 ft.) to the property
boundaries of the installation site;
(c) the tower shall comply with all required setbacks to municipal roads or provincial highways,
unless a variance has been approved by the Development Authority or Alberta
Transportation.
4.
WIND ENERGY CONVERSION SYSTEMS (WECS) - COMMERCIAL/INDUSTRIAL
This section establishes standards for the development of alternative
energy projects for the purpose of producing wind energy for the
commercial market. These are typically referred to as commercial or
industrial wind facilities.
INFORMATION REQUIREMENTS
(1) For the purposes of a development permit application, WECS will
be classified as commercial if they produce more than 10 Kw or
produce wind energy for the commercial market:
(2) All development applications for a WECS may be required to be
accompanied by the following if determined necessary by the Development Authority:
(a) an accurate site plan showing and labelling the information outlined in this section (with
GIS coordinates), the location of any existing turbines, and the location of overhead
utilities on or abutting the subject lot or parcel;
(b) an analysis of the visual impact of the project, especially with respect to the scenic
qualities of the County landscape. The analysis will include the cumulative impact if
other WECS are in the area and the impact of overhead transmission lines and photos
from residences;
(c) scale elevations or photographs of the proposed WECS showing total height, tower
height, rotor diameter, and colour;
(d) the manufacturer's specifications indicating:
-
the WECS rated output in megawatts;
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safety features and sound characteristics;
-
type of material used in tower, blade, and/or rotor construction;
(e) an analysis of the potential for noise, both at the site of the installation and at the
boundary of the property containing the development - Provincial Noise Standards must
be met (see AUC rule 12);
(f) specifications on the foundations and/or anchor design, including location and
anchoring of any guy wires;
(g) the results of any public consultation process;
(h) the status of the applicant's circulation to NavCanada, Transport Canada, Alberta
Utilities Commission and any other government departments required for provincial
approval;
(i)
any information regarding general public safety;
(j)
any impacts to the local road system including required approaches from public roads
having regard to Lethbridge County standard;
(k) plans and methods of weed control;
(l) a plan outlining how the site will be decommissioned and reclaimed after the
development has ceased and confirmation of an agreement with the landowner, to the
satisfaction of the municipality, to cover the decommissioning and security needed to
address the discontinuation and end-of-life of the project.
(3) The Development Authority may also request that a post-construction reclamation plan be to
ensure any new roadways or ditches required for the site are cleaned-up.
(4) As a condition of approval, Lethbridge County may require a bond or irrevocable letter of credit
to ensure the reclamation/decommissioning plan is implemented. The condition may include a
periodic review of the bond or letter of credit to ensure the amount is sufficient to implement
the reclamation/decommissioning plan.
(5) As a precursor to decommissioning, the County may request that the developer provide a status
report on the defunct operation.
(6) If an application requires the provision of a plan outlining how the site will be decommissioned
and reclaimed to the state prior to the development, the plan should include information
relating to:
(a) treatment of footings,
(b) reclamation of roads and other disturbances,
(c) notice to land owners and the municipality,
(d) containment of hazardous materials,
(e) site security,
(f)
discussion of the timetable for the submission of a final decommissioning plan.
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(7) As a condition of a development permit approval for commercial WECS (utility scale)
development the Development Authority may apply, in addition to any other conditions either
stipulated or as authorized in other sections of the Land Use Bylaw, the following specific
conditions:
(a) require a condition to enter into a Development Agreement and either a Road Use
Agreement or Road Use Maintenance Agreement with the Lethbridge County to address
road maintenance and repairs that may arise from the development;
(b) require the application of approved weed control measures as the landowner/developer
shall be responsible for controlling invasive plant threats and weeds in accordance with the
Alberta Weed Control Act. A vegetation and weed management plan must be provided to
the satisfaction of the municipality, to be reviewed by the Agricultural Services Board and
Agricultural Fieldman;
(c) stipulate grading, stockpiling, and soil erosion control measures. The landowner/developer
shall be responsible to prevent soil loss or deterioration from taking place in accordance
with the Alberta Soil Conservation Act. Soil erosion must be managed, and a soils
management plan must be provided to the satisfaction of the municipality with details on
proposed control of erosion caused by both wind and water;
(d) the landowner/developer shall be responsible to ensure surface drainage and erosion
control must adequately be accounted for on the site; and
(e) require the provision of an emergency management plan acceptable to the municipality.
REFERRALS
(8) Prior to making a decision on a development application for a WECS, the Development Authority
should refer and consider the input of the following agencies and departments:
(a) Alberta Utilities Commission,
(b) Transport Canada,
(c) NavCanada,
(d) Alberta Culture and Community Spirit,
(e) Alberta Environment and Protected Areas,
(f)
AESO (Alberta Energy Systems Operator),
(g) STARS (air ambulance),
(h) Alberta Transportation (within prescribed distances to provincial roadways),
(i)
any other federal or provincial agencies or departments deemed necessary.
(9) The Development Authority shall also refer a development application for a WECS to:
(a) an adjacent municipal jurisdiction if the boundaries of the municipal jurisdiction are within
1.6 km (1 mile) of the proposed WECS, or other distance as specified in any applicable
Intermunicipal Development Plan;
(b) landowners within 2 km (1.2 miles) of the proposed WECS.
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SETBACKS
(10) A WECS shall comply with all the setbacks that govern the principal use in the district in which it
is located, or the setbacks stipulated in Section (11) below, whichever is greater. The distance
shall be measured to the outside of the rotor arc. However, in the case of where a single project
wind farm is to be located on land owned by the same land owner, but on separate titles or
quarter sections, the required setbacks to adjacent property lines involved in the development
proposal may be exempted. Similarly, if a single project involved different landowners' titles,
those landowners may grant consent whereas the Development Authority may relax the
required setback to adjacent property lines involved in the development proposal.
(11) Where, in the opinion of the Development Authority the setbacks referred to in Section (10)
above are not sufficient to reduce the impact of a WECS from a public roadway or a primary
highway, the Development Authority may increase the required setback.
(12) A WECS shall be located so that the horizontal distance measured at grade from the tower to
any road or property boundary is at least the total height of the WECS;
(13) In the case of multiple WECS, setbacks can be increased from the minimum setback
requirements of Section (12) above or as stipulated in the applicable land use district depending
upon the number of WECS in a group and the prominence of the location.
(14) Meteorological (MET) towers shall comply with the following setbacks:
(a) the tower shall be set back a minimum distance equal to the total height of the tower from
all property lines (with the exception of adjacent property lines involved in the same
development proposal in accordance with section (10) of this part);
(b) the tower's guy wire anchors may extend no closer than 3.05 metres (10 ft.) to the property
boundaries of the installation site;
(c) the tower shall comply with all required setbacks to municipal roads or provincial highways,
unless a variance has been approved by the Development Authority or Alberta
Transportation; and
(d) the tower may be required to be marked with aviation paint (e.g., banding in orange and
white or otherwise conspicuous colour combination) and marker balls (in solid orange)
installed on the top of guy wires, in accordance with Transport Canada requirements or
guidelines.
(15) Bat or bird monitoring towers are considered to be similar use as meteorological towers and
development application permits may be processed and approved in a similar manner by the
Development Authority. The setbacks listed in above section (14)(a) through (d) shall also apply.
MINIMUM BLADE CLEARANCE
(16) The minimum vertical blade clearance from grade shall be 7.50 metres (24.6 ft.) for a WECS
employing a horizontal axis rotor unless otherwise required by the Development Authority.
TOWER ACCESS AND SAFETY
(17) To ensure public safety, the Development Authority may require that:
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Land Use Bylaw No. 24-007
(a) a security fence with a lockable gate shall surround a WECS tower not less than 1.80 metres
(5.9 ft.) in height if the tower is climbable or subject to vandalism that could threaten tower
integrity;
(b) no ladder or permanent tower access device shall be located less than 3.66 metres (12 ft.)
from grade;
(c) a locked device shall be installed on the tower to preclude access to the top of the tower;
(d) all of the above be provided or such additional safety mechanisms or procedures be
provided as the Development Authority considers reasonable and appropriate;
(e) the use of tubular towers, with locked door access, will preclude the above requirements.
TRANSMISSION LINES
(18) All powerlines on the site of the approval to the substation or grid shall be underground except
where the Development Authority approves overhead installation in case specific purposes.
COLOUR AND FINISH
(19) Unless otherwise required by the Development Authority, a WECS shall be finished in a non-
reflective matte and in a colour which minimizes the obtrusive impact of a WECS to the
satisfaction of the Development Authority.
(20) No lettering or advertising shall appear on the towers or blades. In other parts of the WECS, the
only lettering permitted will be the manufacturer's identification or municipal symbol.
NUMBER OF WECS
(21) Two or more WECS on a parcel or lot will be considered a multiple WECS for the purposes of this
bylaw.
(22) The Development Authority may approve multiple WECS on a case-by-case basis having regard
for:
(a) proximity to other immediate land uses,
(b) density of WECS,
(c) underlying utilities,
(d) information received through the circulation process and at a public meeting if one is
required in accordance with Section (23) below.
PUBLIC CONSULTATION
(23) An application for a commercial WECS shall be subject to the following requirements:
(a) Prior to a decision being made by the Development Authority, a developer of a WECS must
conduct a public consultation program, at the complete expense of the developer, which
provides all landowners and residents within 2 km (1.2 miles) of the property or parcel
subject to a WECS proposal information regarding the proposal.
(b) The public consultation program shall include one (1) public meeting prior to the
application for a WECS being submitted to the County.
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(c) The notice for the public meeting may be made either by mail our or newspaper
advertising.
(d) The applicant shall prepare a report or summary of the comments or feedback received
from the public in regard to the proposal, with a copy of the report submitted to the
Development Authority.
(24) The Development Authority may exempt a public consultation process, as stipulated in Section
(23)(b) above, for any proposal for 6 or less WECS if warranted with consideration for the
location of the land, adjacent land uses, and any natural, scenic or ecological features of the
landscape.
DEVELOPMENT COMMENCEMENT
(25) Applications for commercial WECS installations are permitted to be completed within 48 months
of the date of issuance of the development permits.
5.
OTHER ALTERNATIVE OR RENEWABLE ENERGY COMMERCIAL / INDUSTRIAL
DEVELOPMENT PROJECTS
All alternative or renewable energy commercial or industrial developments, such as but not limited
to, geothermal, micro-hydro, solar photovoltaic, solar thermal, geo-exchange, anaerobic digesters,
waste-to-energy, biodiesel, biofuel or fuel cells, require a development permit. This section is specific
and applicable to those commercial/industrial development projects whose primary intent and
purpose is to process, sell and/or export energy (or any other by-product of a particular process) off-
site.
INFORMATION REQUIREMENTS
(1) A development permit application shall be accompanied by the following information:
(a) an accurate site plan showing and labelling the proposed development and the location of
overhead utilities on or abutting the subject lot or parcel, and identification of any sensitive,
environmental or topographical features which may be present on the parcel, including
canals, streams or water wells;
(b) detailed information on the type of facility, structure or system and the energy process
involved;
(c) the manufacturer's specifications indicating (if applicable):
- the rated output in megawatts,
- safety features and sound characteristics;
(d) any information regarding general public safety;
(e) identification of any impacts to the local road system including required approaches from
public roads having regard to Lethbridge County standards;
(f)
information regarding setbacks from property lines and the proximity to structures or uses
on both the site and adjacent parcels of land;
(g) information or verification of the proposed source of water if required for the type of
facility such as an ethanol plant; and
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Land Use Bylaw No. 24-007
(h) a plan outlining how the site will be decommissioned and reclaimed if the use is
discontinued.
(2) Large commercial/industrial facilities shall submit studies identifying noise, odour, and pollutant
impacts and how these impacts will be addressed.
SETBACKS
(3) The buildings or structures of a commercial or private energy project shall comply with all the
property line and public roadway setbacks as established in the district in which it is located.
(4) In addition to the requirements of Section (3) above, structures or facilities related to anaerobic
digesters, biodiesel, or biofuels developments shall not be located within:
(a) 250.0 metres (820 ft.) of any neighbouring residential dwelling or public use facility or
building;
(b) 120.0 metres (394 ft.) of the boundary or right-of-way a nearby irrigation district canal,
creek, stream, river, lake shore or water body.
(c) The parts of the project related to the transmission lines and associated structures and to
the roads, culverts, etc. associated with the facility may be allowed within 30.48 metres
(100 ft.) of a water body.
(5) The Development Authority may require a larger setback than required in the applicable land
use district having regard for the location of the development, adjacent land uses and natural,
scenic or ecologically features of the landscape.
DEVELOPMENT APPLICATION REFERRALS
(6) Prior to making a decision on a development application for an alternative or renewable energy
commercial project, the Development Authority may refer and consider the input of the
following agencies and departments:
(a) Alberta Utilities Commission,
(b) Transport Canada,
(c) NavCanada,
(d) Alberta Culture and Community Spirit,
(e) Alberta Environment and Protected Areas,
(f)
AESO (Alberta Energy Systems Operator),
(g) STARS (air ambulance),
(h) Alberta Transportation and Economic Corridors (within prescribed distances to provincial
roadways),
(i)
any other federal or provincial agencies or departments deemed necessary.
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DEVELOPMENT STANDARDS
Depending on the type of alternative or renewable energy project proposed, the Development
Authority may require that the applicant comply with any or all of the following standards or
requirements:
(7) All surface drainage must be contained on site and any adjacent water bodies must be
adequately protected from run-off.
(8) The applicant is responsible for preparing at their own expense an engineered surface drainage
management plan and submitting an application for approval to Alberta Environment and
Protected Areas, if applicable.
(9) Any biodiesel waste or water contaminated with biodiesel, is prohibited to be discharged
directly into any sewers or surface waters.
(10) All feedstock and materials are to be stored and contained within buildings, and no outside
storage is permitted.
(11) That the semi-truck traffic used for the hauling and shipment of raw material or feedstock and
finished/processed goods associated with the development shall be limited to a designated
truck haul route as agreed to or specified by Lethbridge County.
(12) The preferred location of alternative or renewable energy commercial or industrial
developments is on parcels designated for heavy industry land use and located in proximity to
highways or railway corridors. The Development Authority may require a parcel redesignation
to the applicable industrial land use district be approved prior to accepting a development
application.
(13) The applicant is responsible to apply for any Alberta Environment and Protected Areas, AUC,
AER or other applicable provincial approvals or permits that may be required and must provide
the municipality with a copy to be kept on file.
(14) All energy transmission lines on the site of the energy generating facility to the substation or
grid shall be underground unless otherwise approved by the Development Authority.
(15) The Development Authority may apply to any energy generating facility any other standards that
are provided for in the Land Use Bylaw, including:
(a) a condition to enter into a road use agreement with the County to address road
maintenance and repairs that may arise from the development;
(b) a condition to post security with the County; and
(c) a condition to allow the developer to register the approved project in phases.
(16) The Development Authority may stipulate any or all of the Sections (7) through (15) criteria
listed above to be addressed by the applicant as a condition of a development permit application
approval.
(17) Any licence, permit, approval or other authorization granted by AUC or AER shall prevail over
any Land Use Bylaw requirements or development permit decisions or conditions if there is a
perceived conflict.
PART 8
SUBDIVISION CRITERIA
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PART 8
SUBDIVISION CRITERIA
The following criteria in this schedule apply to the Subdivision of land for various land uses:
1.
GENERAL CRITERIA
These general criteria shall apply to all Subdivision applications:
(1) Data provided to support a redesignation application may be required to be adopted by an area
structure plan or approved design scheme. Area structure plans or design schemes may be
requested where:
(a) more than one owner is involved;
(b) several pieces of fragmented land are adjacent to the proposal;
(c) three or more lots are to be created; and/or
(d) when internal public Roadways are required.
(2) In some areas of the County, statutory plans have been adopted and may contain certain
standards or requirements that shall be complied with.
(3) Potable water:
(a) All Subdivisions shall have a potable water supply suitable to Lethbridge County and Alberta
Environment.
(b) In compliance with the Water Act:
(i)
On Subdivision applications that create or amount to six or more lots in a quarter
section and propose to use a licenced source of water, a certified water report will not
be required as part of the application. The application will be circulated to the Water
Resources Administrator, Alberta Environment for comment. A report would be
required if requested by Alberta Environment.
(ii) On Subdivision applications that create or amount to six or more lots in a quarter
section and propose to use an unlicensed water supply, a certified water report will
be required with the application. The application and report will be circulated to the
Water Resources Administrator, Alberta Environment for evaluation.
(iii) The approval authority should not consider the application for a decision until the
comments are received.
(4) Soil and geotechnical reports:
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(a) Subdivision applicants may be requested to provide at their expense, a professional soil
test/analysis at any time the approval authority is of the opinion it is warranted, to
determine the suitability of the land for private sewage septic systems in relation to the
Subdivision proposal.
(b) Professional engineered geotechnical reports or tests may be requested to be provided at
the applicant's expense to ensure the site being Subdivided is suitable in terms of
topography, soil characteristics, slope stability, flooding subsidence, erosion and sanitary
sewerage servicing.
(5) Municipal Engineering Standards: The County has adopted an Engineering Guidelines and
Minimum Servicing Standards manual which is to be consulted and applied to any type of
Subdivision proposal on any lands. Developers will be responsible for complying with the
requirements outlined in these standards and additional information may be requested by the
County as deemed necessary. Conditions may be placed on a tentative Subdivision approval to
address any servicing standards issues.
(6) Applications for a redesignation to the Grouped Country Residential land use district shall be
circulated for comment to:
(a) the Regional Health Authority,
(b) Alberta Agriculture, Food and Rural Development,
(c) Alberta Environment and Protected Areas,
(d) applicable irrigation district,
(e) Alberta Transportation if the parcel is adjacent to or within 800 metres of a provincial
highway, and
(f)
any other provincial agency that may be affected by the proposal.
(7) All requirements of this bylaw must be met for the proposed parcel(s) and the residual parcel.
(8) Each proposed Parcel and Residual Lot shall:
(a) have a minimum area of 0.8 ha (2.0 acres), or great where required by the Subdivision or
Development Authority;
(b) be eligible for smaller Parcel sizes only within a Hamlet or where sanitary sewer service
permits, subject to County approval; and
(c) contain a suitable Building Envelope and Developable Area, as determined by the
Subdivision or Development Authority in consideration of land constraints.
(9) The proposed lot to be Subdivided and the Residual Lot must both have direct legal and physical
access to a public roadway. The Subdivision Authority may at its discretion, consider allowing
access to a proposed lot or Residual Lot by way of a registered easement or right-of-way in
limited circumstances, such as when both direct legal and physical access is impossible due to a
significant physical barrier (i.e., irrigation canal, river valley) which makes it impossible to obtain
physical access to a Public Roadway. In such a circumstance, an easement or right-of-way plan
may only be registered over one parcel (title) to grant legal access to the isolated parcel.
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(10) On an unsubdivided quarter-section of land designated as Rural Agriculture - RA or Urban Fringe
- UF the approval authority may only approve one initial Subdivided title from the quarter-
section. With respect to the applicability of this policy:
(a) The approving authority may consider a quarter-section to be unsubdivided if previous
Subdivisions were for the purpose of public or quasi-public use (as defined in this bylaw).
(b) Further or additional limited Subdivision opportunity may be considered in some defined
instances (e.g., Subdivision of existing small titles, Subdivision of cut-off (fragmented)
parcels, Subdivision of a Legacy Yard Site etc.) in accordance with the policies and criteria
of this Part 8.
(c) Additional Subdivision criteria depending on the particular use of the parcel are identified
in Sections 3-5 of this Part.
[For quarter-sections that have been Subdivided, the Subdivision policies and criteria as
outlined in Sections 6-12 of this Part will are applicable apply and/or the parcel's applicable
designated land use district criteria and standards.]
(11) The criteria stipulated in sections 2 - 5, and 9 -12 of this Part, apply to Subdivisions on lands
designated as Rural Agriculture - RA, Urban Fringe - UF land use districts unless otherwise
indicated.
(12) The Subdivision of a proposed vacant parcel shall only be considered by the approval authority
in conformity to the applicable policies including Section 3, Extensive Agricultural Uses; Section
5, Single Lot Vacant Bareland Country Residential; Section 11, Cut-off (Fragmented) Parcels; and
Section 12, Property Realignment and Subdivision of Existing Small Titles.
(13) Where a parcel or lot has been designated to a land use district that allows for multi-lot
Subdivision of land (e.g., Grouped Country Residential - GCR, Rural General Industrial - RGI,
Business Light Industrial- BLI, various hamlet districts, etc.) the applicable designated land use
district's policies, minimum lot sizes and standards of development shall apply, which are
dependent on the type of use proposed and the availability of servicing.
2.
APPLYING MINIMUM DISTANCE SEPARATION CALCULATIONS TO SUBDIVISIONS
For the purpose of applying the minimum distance separation calculation to Subdivision proposals,
the following criteria shall be applied:
(1) The proposal must meet or exceed the minimum distance separation (MDS) requirements from
an existing confined feeding operation (CFO), as established in the Agricultural Operations
Practices Act Standards and Administration Regulation; and will be measured in the following
manner:
(a) For existing farmsteads or Country Residential Uses with a dwelling present - measured
from the closet point of the existing dwelling wall to the closest point of the CFO facility,
including barns, pens, corrals or manure storage or composting areas.
(b) For vacant or bareland parcels - measured from the closet point of the existing or proposed
new property line (whichever is closer) to the closest point of the CFO facility, including
barns, pens, corrals or manure storage or composting areas.
Subdivision Criteria Part 8 | 4
Land Use Bylaw No. 24-007
(c) The MDS requirements shall apply to a CFO owner/operator who applies to Subdivide their
own dwelling from the quarter section or parcel, including if the residence is located on the
same site/parcel that may contain their own livestock confined feeding operation.
(d) The MDS requirements do not apply to a subdivision for an Industrial use or the subdivision
of a quarter-section into two 80-acre titles.
(e) The MDS requirements shall apply to a Subdivision for the purpose of a school, food
establishment, commercial and high-use recreational use.
(2) The resubdivision of an existing title of land that contains 8.1 ha (20 acres) or less of farmable
land shall not be permitted if the parcel or existing dwelling lies within any applicable MDS from
an existing CFO.
(3) An existing farmstead or Country Residential Use that was in existence prior to a separate
adjacent or neighbouring CFO being established may, at the sole discretion of the Subdivision
Authority, be granted a waiver of any MDS measurement that would normally be applied to a
Subdivision proposal if:
(a) it can be demonstrated to the satisfaction of the Subdivision Authority that the farmstead
or County Residential Use was in fact developed/established before a neighbouring CFO
was either granted a permit or began operations; and
(b) it can be determined that the CFO is limited in expansion capabilities due to the presence
and location of the existing dwelling; and
(c) it can be verified that the dwelling in which the MDS is being applied to existed prior to
August 1998, the date in which the MDS regulation became a policy in County of Lethbridge
Land Use Bylaw No.1170.
(d) The owner/operator of a CFO who has on the same parcel of the CFO a farmstead or
Country Residential Use containing a dwelling that was in existence prior to August 1998
and/or their own CFO being established, are not applicable for consideration a relaxation
of the MDS to their own operation as afforded in section (3)(a) through (c) as described
above.
3.
EXTENSIVE AGRICULTURAL USES
For the purpose of subdividing or realigning areas or boundaries of agricultural titles in the Rural
Agricultural - RA, Urban Fringe - UF, and Hamlet Transition / Agricultura - HT/A Uses, the following
criteria shall apply:
(1) A previously unsubdivided quarter-section of irrigated or dryland may be considered for
Subdivision approval into two 32.4 ha (80 acres) titles provided other standards and
requirements of the bylaw are met, including provisions (2) through (7) of this section.
(2) No irrigated or dryland parcel will be less than 32.4 ha (80 acres) in size except as provided in
subsection (3).
(3) Parcel sizes for Extensive Agricultural Uses on irrigated or dryland parcels shall be:
(a) 32.4 ha (80 acres) having no registered exceptions from the title;
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Subdivision Criteria Part 8 | 5
(b) 28.3 ha (70 acres) having a maximum of 4.0 ha (10 acres) of registered exceptions for rights-
of-way or public uses.
(4) The approval authority may only approve one separately titled Subdivision on an unsubdivided
quarter-section unless other criteria of this Part 8 section apply. The approving authority may
consider a quarter-section to be unsubdivided if previous Subdivisions were for the purpose of
public or quasi-public use.
(5) If a quarter-section has been Subdivided into two 32.4 ha (80 acres) titles, the 32.4 ha (80 acres)
titles are ineligible to be further Subdivided to allow the creation of a separate title unless the
land is designated to a land use district that permits additional Subdivision, or subsection (6)
below is applicable, or the criteria of Section 5 pertaining to Legacy Yard Sites may be applied.
(6) The Subdivision of an undeveloped or developed cut-off (fragmented) parcel may be considered
for approval from both a 64.8 ha (160 acres) and a 32.4 ha (80 acres) parcel if it complies with
the cut-off Subdivision criteria of Section 11, subsection (1).
(7) Adjacent lands may be reconfigured and consolidated to achieve the minimum required parcel
size.
4.
COUNTRY RESIDENTIAL USES (DEVELOPED RESIDENCES)
(1) A proposed Subdivision for a single lot (isolated) country residential use for a developed
residence may only be approved if:
(a) it is located on an unsubdivided quarter-section or title containing 64.8 ha (160 acres) of
land in consideration of parcel sizes outlined in section 3 above; and,
(b) the area of the proposed lot is as small as possible in order to conserve agricultural land
but must contain a minimum 0.8 ha (2.0 acre) in size or greater as may be required by the
Subdivision Authority, with a maximum Parcel size of 4.05 ha (10 acres);
(c) the proposed lot on which the dwelling is located and the proposed Residual Lot both have
direct legal and physical access to a public roadway;
(d) the size and location of the proposed lot will not significantly affect the irrigation system of
the area;
(e) the dwelling unit located on the proposed country residential lot can meet or exceed the
minimum distance separation (MDS) requirements from an existing confined feeding
operation, as established in the Agricultural Operations Practices Act Standards and
Administration Regulation.
(2) A proposed Subdivision for a Legacy Yard Site (as defined in this Bylaw) from an agricultural title
containing a minimum of 28.3 ha (70 acres) within a previously Subdivided quarter-section
maybe approved at the sole discretion of the Subdivision Authority provided that:
(a) the Subdivision Authority is satisfied that Legacy Yard Site is well established and has
existed for at least 50 years;
(b) the Subdivision will not result in more than four titled Parcels within the quarter-section;
Subdivision Criteria Part 8 | 6
Land Use Bylaw No. 24-007
(c) the Subdivided Lot is as small as reasonably possible to conserve agricultural land, but shall:
have a minimum of 0.80 ha (2.0 acres) of land, a maximum of 4.05 ha (10 acres) based on
the existing improvements and will result in a residual agricultural Parcel size of a minimum
28.3 ha (70 acres)
(d) the Yard has existing services or services that can be re-established. Any existing onsite
private sewage system must be contained within the Lot boundary, or a new system must
have a sufficient area on the proposed Lot; and
(e) the criteria stipulated in Section 4, subsection (1)(c) through (e) also apply.
(f)
One subdivided as a Legacy Yard Site title, the resulting Lot created may not be further
subdivided (re resplit) and divided into two separate titles (i.e. Section 12(2) of this Part 8
is not eligible for consideration.)
(3) Variance or Waiver request considerations by the Subdivision Authority for Parcels that exceed
the maximum Parcel size may include if:
(a) the proposed parcel is further developed with accessory buildings, such as sheds, shops
and garages, Agricultural Buildings such as Quonsets and grain bins, structures such as
storage compounds and/or storage or areas used for farm machinery, produce and
fertilizer, dugout and/or water well and septic system;
(b) the parcel is of a compact size and physically defined by topography, historic or well-
established shelterbelts or other physical characteristics; and
(c) the parcel does not include any cultivated farmland, pasture land used for grazing of
animals or lands determined to be more suitable for agricultural production unless included
within a shelterbelt and/or physically defined area.
(4) For any proposal that exceeds the maximum parcel size, the Subdivision Authority may
determine the maximum size and may exclude any feature or improvement it determines is not
necessary to be included in the Subdivision.
(5) Applications for single lot (isolated) country residential uses shall have the Residual Lot sizes
outlined in Section 3(3) of this Part.
(6) In instances where a proposed Subdivision may result in a remaining or remnant land area that
would be less than 100 m (328 ft.) in width between the new property line being created and
the adjacent quarter section or adjacent property line, the Subdivision Authority may approve
the proposal on the condition that the parcel being Subdivided is to be squared-off or extended
to the closest quarter section or adjacent property line to eliminate the intermediary strip of
land.
5.
COUNTRY RESIDENTIAL USES (SINGLE LOT VACANT / BARELAND)
(1) A Subdivision which proposes to Subdivide a Parcel without a habitable dwelling or create a
vacant Lot for a Single (isolated) Country Residential Use lot as the first parcel out of a quarter-
section or title containing 64.8 ha (160 acres) of land may be approved provided that:
(a) the proposed vacant lot to be created is a maximum of 1.2 ha (3 acres) in size; and
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Subdivision Criteria Part 8 | 7
(b) the proposed vacant lot contains, in the opinion of the approval authority, a buildable site
including a minimum 0.8 ha (2.0 acres) of land; and
(c) the proposed vacant lot can be serviced to the satisfaction of the Subdivision Authority,
including the provision of potable water and septic; and
(d) the proposed vacant lot and the Residual Lot both have direct legal and physical access to
a public roadway to the satisfaction of the Subdivision Authority; and
(e) the access is satisfactory to Alberta Transportation and Economic Corridors where the
access is onto or in close proximity to a primary highway; and
(f)
the size and location of the proposed vacant lot will not significantly affect any irrigation
system in the area; and
(g) the parcel boundary of the proposed vacant Lot can meet or exceed the minimum distance
separation (MDS) requirements from an existing confined feeding operation, as established
in the Agricultural Operations Practices Act Standards and Administration Regulation; and
(h) the development on the proposed vacant Lot will not, in the opinion of the approval
authority, inhibit public access to or otherwise have a detrimental effect on agriculture or
the recreational use of a river valley, water body, environmentally sensitive area or special
scenic location; and
(i)
the applicant has a professional soils tests/analysis done at their expense to ensure that
the soil characteristics are capable of supporting a private septic system. Analyses of the
test must be performed and approved by an engineer or approved agency under Alberta
Municipal Affairs, with a copy of the report submitted to the Subdivision Authority as a
condition of Subdivision approval unless deemed necessary as part of the submitted
application; and
(j)
the Subdivision application includes a tentative Subdivision plan as prepared by a certified
Alberta Land Surveyor which illustrates the location, area and dimensions of the parcel to
be Subdivided.
(2) Applications for vacant Lot for a Single (Isolated) Country Residential Uses shall have the
Residual Lot sizes outlined in Section 3(3) of this Part.
6.
GROUPED COUNTRY RESIDENTIAL USES
(1) Except where lands have been redesignated to the Grouped Country Residential - GCR Use, the
Subdivision Authority shall not approve any application for Subdivision approval which would
create three or more adjacent (contiguous) Country Residential Parcels or four Parcels per
quarter section in the Rural Agricultural - RA, Urban Fringe - UF land Uses.
(2) Lands defined as higher quality agricultural land should not be approved for grouped country
residential uses; cut-off parcels may be considered for approval. Exceptions to prohibiting
Subdivision on higher quality agricultural land may be considered with regard to applicable
Municipal Development Plan policies.
(3) No area shall be approved for the Subdivision of grouped country residential use unless it is
specifically designated for the use under the Land Use Bylaw.
Subdivision Criteria Part 8 | 8
Land Use Bylaw No. 24-007
(4) Grouped country residential development will be discouraged in areas shown in the Municipal
Development Plan as being land where confined feeding operations are encouraged.
(5) Grouped country residential uses will be encouraged to locate within the areas shown in the
Municipal Development Plan as being areas where confined feeding operations are restricted.
In these areas, with an approved area structure plan or Conceptual Design Scheme, Council may
redesignate parcels of land having consideration for:
(a) protection of high quality agricultural land,
(b) comments from affected persons,
(c) effects on the irrigation system,
(d) servicing capabilities or constraints,
(e) storm water drainage,
(f)
other applicable policies of the Municipal Development Plan.
7.
COMMERCIAL AND INDUSTRIAL USES
(1) Lands defined as higher quality agricultural land should not be approved for industrial or
commercial use Subdivisions; cut-off parcels may be considered for approval. Exceptions to
prohibiting Subdivision on higher quality agricultural land may be considered with regard to
applicable Municipal Development Plan policies.
(2) No area shall be approved for the Subdivision of industrial/commercial use unless it is
specifically designated for the use under the Land Use Bylaw. The applicable designated land
use district's policies, minimum lot sizes and standards of development shall apply to the
Subdivision, which are dependent on the type of use proposed and the availability of servicing.
(3) Where there are more than 4 contiguous industrial/commercial designated parcels proposed or
in an intermunicipal area where it is required, an Area Structure Plan or Concept Plan will be
submitted to support the development. The proposed Subdivision must conform to the plan
approved for the land.
(4) Industrial and Commercial uses will be encouraged to locate within the areas shown in the
Municipal Development Plan. In these areas, Council may redesignate parcels of land having
consideration for:
(a) protection of high-quality agricultural land,
(b) comments from affected persons,
(d) servicing capabilities or constraints,
(e) storm water drainage,
(f)
access and proximity to major transportation networks,
(g) other applicable policies of the Municipal Development Plan.
Land Use Bylaw No. 24-007
Subdivision Criteria Part 8 | 9
(5) Except where lands have been redesignated to an Industrial or Commercial district, the
Subdivision Authority shall not approve any application for Subdivision approval which would
create an Industrial or Commercial Parcel unless it is the initial Subdivision from the quarter-
section and the Use is permissible in the applicable Use.
8.
HAMLET RESIDENTIAL AND OTHER HAMLET USES
For Subdivisions for various residential or other uses within designated hamlets, the applicable
hamlet land use district minimum lot sizes and standards of development shall apply, which are
dependent on the type of use proposed and the availability of servicing.
9.
NON-RESIDENTIAL USES
(1)
When approving an application for Subdivision of a proposed non-residential principal use as
listed within the Rural Agriculture - RA or Urban Fringe - UF land use districts, either on parcels
developed or on vacant (bareland), the following shall apply:
(a) the maximum parcel size shall be 4.05 ha (10 acres) in size where improvements are
present; or
(b) if vacant, the proposed lot to be created shall be a maximum of 1.2 ha (3 acres) in size; or
(c) shall otherwise be limited to 32.4 ha (80 acres) in size having no registered exceptions
from the title, or 28.3 ha (70 acres) having a maximum of 4.0 ha (10 acres) of registered
exceptions for rights-of-way or public uses.
(d) All Subdivision proposals shall have the Residual Lot sizes as outlined in Section 3 (1)(b) of
this Part.
(2) If this type of Subdivision is approved, this will preclude the ability of a separate Country
Residential Use or farmstead title to be subdivided from the quarter-section.
10. PUBLIC AND INSTITUTIONAL USES
(1) A Subdivision application for public and institutional uses as defined by the Land Use Bylaw may
be recommended for approval if:
(a) the Subdivision Authority is satisfied that suitable, existing alternative parcels are not
reasonably available in an urban or rural area in the vicinity;
(b) for an existing public and institutional use, the parcel size is limited to the developed
portion of the site only to encompass improvements;
(c) the legal and physical access, including access to the residual agricultural lot, satisfies
Alberta Transportation and Economic Corridors in the case of a provincial highway or
Lethbridge County in the case of municipal roads; and
(d) the Subdivision Authority is satisfied that the use is suitable, serviceable and will be
developed as proposed.
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Land Use Bylaw No. 24-007
(2) The maximum parcel size shall be as determined suitable at the discretion of the Subdivision
Authority with consideration for the proposed use and the land area required to accommodate
it.
(3) The minimum parcel size for public and institutional uses shall be 1.2 ha (3.0 acres) of land for
private septic treatment systems or other such minimum as may be established under an
adopted area structure plan, approved Conceptual Design Scheme, or as required by the
Subdivision or Development Authority.
(4) A Subdivision or existing certificate of title for a public use may be exempted from the maximum
four titles per quarter section policy.
(5) For a Subdivision of a public and institutional use in a County hamlet, the standards and parcel
size criteria of the Hamlet Public / Institutional - HP/I land use district shall apply.
11. CUT-OFF (FRAGMENTED) PARCEL
(1) Subdivision of an undeveloped or developed cut-off (fragmented) parcel may be approved if:
(a) the proposed lot is separated from the residual by:
(i)
a registered exception from the title (e.g. registered roadway, irrigation district canal,
rail line);
(ii) a registered title that is owned by a public or quasi-public department or agency (e.g.
municipal, provincial, irrigation district, rail company)
(iii) a feature that creates a significant physical barrier to use of both sides as a unit (this
may include a coulee, embankment, river valley, rail line, developed public roadway,
irrigation district reservoirs or canals for the conveyance and delivery of water, or a
permanent waterbody -- trees, shrubs, or tree shelter belts and private or landowner
constructed ditches or canals shall not be considered as a feature that creates a
significant physical barrier and shall not be eligible for Subdivision as a cut-off parcel);
(b) the proposed lot and Residual Lot both have physical and legal access, or the Subdivision
Authority is acceptable to access by a limited easement or right-of-way in accordance with
policy 1(9);
(c) the results of a minimum distance separation (MDS) calculation from an existing confined
feeding operation, as established in the Agricultural Operations Practices Act Standards and
Administration Regulation shall be considered;
(d) neither the proposed lot or the Residual Lot is occupied by a confined feeding operation.
(2) At the discretion of the Subdivision Authority, a registered title containing 160 acres or a quarter
section which has been Subdivided pursuant to the above cut-off Subdivision policy or previous
provincial policies (refer to Section 12(3) below) may be eligible for the Subdivision of an existing
farmstead, Country Residential Use or Legacy Yard Site from the greater half (area) of the cut-
off (fragmented) quarter section provided that the proposal is consistent with the requirements
established for the Country Residential Use (Developed Residence) parcels outlined in Section 5
of this Part, and the Subdivision does not result in the creation of more than four titles per
quarter section.
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Subdivision Criteria Part 8 | 11
(3) In respect of Matters Related to Subdivision and Development Regulation 43/2002, a quarter
section is considered unsubdivided if it is a parcel of land that has been created pursuant to
section 86(2)(d) of the Planning Act RSA 1980 on or before July 6, 1988, or pursuant to section
29.1 of the Subdivision Regulation (AR 132/78), from a quarter section, lake lot, river lot or
settlement lot if that parcel of land constitutes more than ½ of the area that was constituted by
that quarter section, lake lot, river lot or settlement lot.
12. PROPERTY REALIGNMENT AND SUBDIVISION OF EXISTING SMALL TITLES
The Subdivision of a parcel to accommodate a property or boundary realignment, or a parcel of poor-
quality land containing 8.1 ha (20 acres) or less of farmable land, may be approved subject to the
following:
(1) In the case of enlargement, reduction or realignment of existing separate titles (parcels):
(a) the additional lands required are to accommodate existing or related improvements, or to
rectify encroachment or access issues; or
(b) the proposal is to rectify or rationalize existing titles, occupancy, cultivation or settlement
patterns; and
(c) no additional parcels are created over and above those presently in existence; and
(d) the proposed new lot and the proposed Residual Lot will continue to have direct legal and
physical access to a public roadway, adequate development setbacks, and a suitable
building site; and
(e) the size, location and configuration of the proposed lot will not significantly affect any
irrigation or transportation system in the area nor the urban expansion strategies of
neighbouring municipalities.
(2) An existing title of land that contains 8.1 ha (20 acres) or less of farmable land and considered
by Council to be poor agricultural land may be divided into two parcels if:
(a) the required minimum distance separation (MDS) distance to any neighbouring CFOs is
met, and
(b) both parcels have direct physical and legal access to a public roadway, and
(c) both parcels have a suitable developable building site with the required minimum area as
defined by the Land Use Bylaw, and
(d) the minimum parcel size of each of the lots shall not be less than 0.8 ha (2.0 acres) in size
or greater as may be required by the Development Authority, and
(e) the Subdivision does not result in the creation of more than four titles per quarter section,
or result in the creation of three adjacent (contiguous) country residential lots.
(f)
Any proposal that would create more than four titles per quarter section or would result in
creating three adjacent (contiguous) country residential lots (including existing adjacent
lots under separate title) would be required to provide the applicable conceptual design
scheme or area structure plan and must apply for a redesignation of the land, prior to a
Subdivision application being considered.
(3) For the purpose of determining a "farmable or unfarmable area of land" as referenced in Section
13(2) above, the Subdivision Authority may at its discretion, consider:
Subdivision Criteria Part 8 | 12
Land Use Bylaw No. 24-007
(a) An "unfarmable area" to include registered irrigation rights-of-way, natural land features
such as coulees, steep embankments, rivers, streams or seasonal creeks, wetlands, and
land that is impractical or difficult to farm due to steep slopes, sloughs/swamps. Generally,
the Subdivision Authority will not consider man made improvements, tree shelter belts, or
agricultural lands that are fenced off to be included as an "unfarmable area";
(b) "farmable land" to specifically include any cultivated or uncultivated farmland, pasture land
used for grazing of animals, lands suitable for agricultural or horticultural production, or
land that may be incorporated or returned into agricultural production.
13. SUBDIVISION IN PROXIMITY TO THE CANAMEX FREEWAY
The Subdivision of a parcel of land in proximity to the designated Canamex Freeway will be reviewed
in consideration of Part 4, General Land Use Provision, B. Servicing and Site Suitability, Section 45,
Canamex Freeway Development and Siting Requirements.
PART 9
DEFINITIONS
Land Use Bylaw No. 24-007
Definitions Part 9 | 1
PART 9
DEFINITIONS
In this land use bylaw, words in the singular include the plural, and words using the masculine gender
include the feminine gender.
A
Abattoir means the use of land or building in which animals are slaughtered and may include the packing, treating,
storing and sale of the product.
Accessory Building/Structure means a building or structure that is incidental or subordinate to and
customarily found in connection with a primary building, structure or use, does not precede the
development of a primary structure or use, is located on the same lot as the principal building or use, but
does not include a building or structure used for human habitation. (see Diagram 9.1)
DIAGRAM 9.1
Accessory Use means a use of a building or land which is incidental to and subordinate to the principal
use of the site on which it is located.
Act means the Municipal Government Act, Revised Statutes of Alberta, 2000, Chapter M-26, as amended.
Addition means any construction that increases the size of a building or structure in terms of site
coverage, height, length, width, or gross floor area.
Adjacent Land or Adjacent means land that is contiguous to a parcel of land proposed for development,
subdivision or redesignation and includes land that would be contiguous if not for a road, railway,
walkway, watercourse, water body, utility lot, right-of-way, reserve land or other similar feature.
Aggregate Extraction/Processing - see "Resource Extraction and Associated Works"
Definitions Part 9 | 2
Land Use Bylaw No. 24-007
Agricultural Buildings and Structures means a building or structure associated with and generally
essential to an agricultural operation. Such structures or facilities may include but are not limited to the
following: machine sheds, storage sheds, granaries, grain bins, silos, animal housing and/or feeding
facilities, repair shops, corrals, pens, and other accessory farm structures. - also see "Farm Buildings".
Agricultural Land, Higher Quality means land contained in an irrigable unit or having a CLI classification
of 1-4, comprising of 64.8 ha (160 acres) parcels of dryland or 32.4 ha (80 acres) parcels of irrigated land,
or land having a CLI classification of 5-7 with permanent water rights. This does not include land
considered as cut-off parcels or badly fragmented land as defined in the bylaw.
Agricultural Market means a use involving the sale of raw agricultural products but may include as an
accessory to the principal use, the sale of factory-sealed or pre-packaged food products that normally do
not require refrigeration.
Agricultural Operation(s) means an agricultural activity (either intensive or extensive) conducted on
agricultural land for gain or reward or in the hope or expectation of gain or reward, and includes:
(a) the cultivation of land;
(b) the raising of livestock, but excluding 'Confined Feeding Operations' as defined by the Agricultural
Operations and Practices Act (AOPA);
(c) the production of agricultural field crops;
(d) the production of fruit, vegetables, sod, trees, shrubs and other specialty horticultural crops;
(e) the production of milk and eggs;
(f)
the production of honey;
(g) the operation of agricultural machinery and equipment including irrigation pumps and the
application of fertilizers, manure, insecticides, pesticides, fungicides and herbicides including
application by ground and aerial spraying for agricultural purposes.
See also Extensive Agriculture and Intensive Horticulture Operations.
Agricultural Pursuit means gaining a livelihood for at least six months a year from employment associated
with the primary production of crops, intensive or horticultural activities (such as market gardens,
vegetable or fruit farms) or raising of livestock which includes ranching/grazing operations and operating
or being employed with a confined feeding operation, but not including uses associated with servicing,
processing, or transporting agricultural products. Hobby farms or operating or working at equestrian
facilities for recreational purposes are also not included.
Agricultural Services means establishments primarily engaged in supplying and servicing materials and
services for soil preparation, crop treating, landscaping, horticultural services or other animal services.
Agricultural Use means a use of land or buildings for the production of crops, vegetables or raising of
livestock.
Agriculture means the primary production of food and fibre by either intensive or extensive methods.
Management, financing or ownership is not considered.
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Definitions Part 9 | 3
Airport means the Lethbridge Airport (YQL) and includes any area, designed, prepared, equipped or set
aside for the arrival, departure, movement or servicing of commercial and private aircraft; and includes
any associated buildings, installations, open space, runways and equipment for landing/takeoff and flight
control. This also includes aircraft and airport-related manufacturing services.
Airstrip means a structure, facility or use of land owned or operated by a corporation, association, person,
or persons, to accommodate private airplane use.
Alternative Energy means renewable or sustainable energy that is generally derived from natural sources
(for example, the earth, sun, wind, water).
Amenity Area means an area or areas within the boundaries of a development which provides active or
passive recreation opportunities for the enjoyment of the occupants of a development and their guests.
These may include such things as views, landscaped areas, patios, art, decks, swimming pools, tennis
courts and other similar uses.
Anhydrous Ammonia Storage/Facility means a tank, structure or facility used for the storage and
distribution of anhydrous ammonia used for fertilizer for agricultural crops and includes any development
that meets the criteria described in the "Guidelines for the Location of Stationary Bulk Ammonia Facilities"
prepared by Alberta Environment.
Antenna System(s) means a type of an electrical communications system or device that is a transducer
that couples energy from one electronic system to another at some distant location and may be mast,
tower, or other antenna supporting structure used for the purpose of telecommunication,
radiocommunication or broadcasting (transmitting or receiving) and includes guy wires or other similar
mechanisms used to support the antenna (e.g. support lines, cables, wires or braces).
Applicant means the registered owner of the land or his/her appointed representative or agent certified
as such to act on their behalf.
Approved Use means a use of land and/or building for which a development permit has been issued by
the Development Authority.
Architectural Controls means a set of development guidelines or standards that have been established
by the developer and registered on a certificate of title for the purpose of creating and maintaining a
higher quality of development/construction than is the norm for a particular subdivision and/or
development project. Standards normally address design diversity, square footage, roof slopes and
materials, siding, landscaping, garages, setbacks, driveway materials and other appealing neighbourhood
aesthetics and may also address building lot restrictions, special setbacks and lot grading.
Area Redevelopment Plan means a statutory plan accepted or adopted by Council as an area
redevelopment plan pursuant to the Municipal Government Act.
Area Structure Plan means a statutory plan in accordance with the Municipal Government Act and for the
purpose of providing a framework for subsequent subdivision and development of an area of land in the
municipality.
Definitions Part 9 | 4
Land Use Bylaw No. 24-007
Arts and Culture Centre means a building or complex that promotes and showcases culture and the arts
in many forms and provides facilities such as studios, theatre space, gallery space, venues
for musical performance, workshop and craft areas, educational facilities, and space for accessory
technical equipment.
Asphalt Batch Plant means a use of land, building or structure which produces and/or recycles asphalt or
similar material(s) and has equipment designed to heat and dry aggregate and to mix mineral aggregate
with bitumen and/or tar, and includes the stockpiling and storage of bulk materials used in the process or
finished product(s) manufactured on the premises and the storage and maintenance of equipment.
Attached Garage means a building or portion of a building that is used for the storage of motor vehicles,
which is attached to the principal building by sharing a common wall with the dwelling, and usually
contains an access doorway into the principal building. For the purpose of calculating setbacks and site
coverage requirements, an attached garage is deemed to be part of the principal building.
Auction Market means a use of land or buildings for the auctioning or sale and related temporary storage
of primarily livestock, but may also include household effects, personal goods and equipment, and
vehicles. This use includes livestock sales yards but does not include on-site slaughtering such as an
abattoir or one time on-site estate auction sales.
Auction Sales, Non-Livestock means the use of land or buildings for the auctioning and related temporary
storage of goods and equipment which may include household effects, antiques, personal goods and
equipment, and vehicles. This use does not include livestock auction markets or one-time on-site estate
auction sales.
Auto Wrecker - see "Salvage and Wrecking Yard"
Automotive Detail/Paint Shop means a building where motor vehicle bodies are replaced or repaired and
also where motor vehicle bodies and parts, and other metal machines, components, or objects may be
painted. See also "Sandblasting facility".
Automotive Sales means a development or use of land or buildings for the retail sale, lease, and/or rental
of new or used automobiles. The service of automobiles is considered a separate use, but may be
combined with automotive sales if permitted in the district.
Automotive Service means a facility for the repair and servicing of motor vehicles including, but not
limited to, mufflers, oil changes, transmissions, engine replacement services and glass repair. Such
facilities do not include the sale of gasoline and petroleum products.
B
Balcony means a platform, attached to and projecting from the face of a principal building with or without
a supporting structure above the first storey, normally surrounded by a baluster railing and used as an
outdoor amenity area with access only from within the building.
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Definitions Part 9 | 5
Bar/Lounge means a development where the primary purpose of the facility is the sale of alcoholic
beverages to the public, for consumption within the premises and typically includes neighbourhood pubs,
bars, beverage rooms, and cocktail lounges. This use typically has a limited menu and minors are
prohibited from patronizing the establishment during at least some portion of the hours of operation.
Basement means the lowest storey of a building, partly or wholly below grade and having its floor below
grade by a distance greater than one-half the distance from floor to ceiling. (see Diagram 9.2)
DIAGRAM 9.2
Battery Energy Storage (BESS), Commercial means one or more devices, structures, or systems, including
batteries, battery modules, containers, enclosures, inverters, cooling or ventilation systems, fire
suppression systems, transformers, substations, and associated utility infrastructure, that store electrical
energy for later use, redistribution, or sale, whether or not co-located with an electricity generation
facility.
Bed and Breakfast means a home based development in a private owner-occupied dwelling where rooms
are rented for short-term accommodation and a breakfast meal is prepared in the common kitchen of the
principal residence by the owner and provided for registered guests.
Berm means a dyke-like land form used to separate incompatible areas or uses, or constructed to protect
the site or district from road, rail or other noise or nuisance.
Big Box/Comprehensive Retail means a comprehensively-planned development consisting of a linear
strip center or clustering/group of stand-alone retail stores (open air) or mall (enclosed) that is normally
located on a single parcel, provides shared on-site parking, and is occupied primarily by retail, restaurant
and personal service uses and managed/maintained as a single entity.
Blade means an element of a WECS rotor which acts as a single airfoil, thereby extracting kinetic energy
directly from the wind.
Blade Clearance means, in reference to a horizontal axis rotor, the distance from grade to the bottom of
the rotor's arc.
Boarding House means a building (other than a hotel or motel) containing not more than 15 sleeping
rooms where meals and lodging for five or more persons are provided for compensation pursuant to a
private agreement with the operator.
Boarding Stables or facility means an accessory building, barns or corrals having stalls or compartments
where animals, typically horses, are sheltered, kept and fed and may include an arena or fenced area for
exercising animals.
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Land Use Bylaw No. 24-007
Boat Dock, Individual means a structure that is built over or floats upon the water and that serves one
property owner/user for the launching, landing and mooring of watercrafts and which does not exceed
13.94 m2 (150 sq. ft.).
Boat Dock, Public means a structure that is built over or floats upon the water and that serves the general
public for the launching, landing and mooring of watercrafts and which does not exceed 27.87 m2 (300 sq.
ft.).
Breeding Facility means a commercial development primarily for the breeding of small animals, normally
considered household pets such as dogs or cats, excluding livestock, and also includes the accessory
boarding, caring and training of these small animals but excludes a veterinary clinic or a kennel.
Breezeway means a roofed often open passage connecting two buildings (such as a house and garage) or
halves of a building that allows sheltered passage, and is an architectural feature similar to a hallway that
allows the passage of a breeze between structures to accommodate high winds, allow aeration, or provide
aesthetic design variation; sometimes it can be much more like a tunnel with windows on either side.
Buildable Area - see "Developable Area" and "Building Envelope"
Building has the same meaning as in the Act.
Building Envelope means that portion of a lot or parcel within which development may occur after all
setbacks and separation distances and other standards of the district have been deducted.
Building Height means the vertical distance between the average natural grade of a lot, as determined by
the Development Authority, and the highest point of a building, excluding an elevator housing, a roof
stairway entrance, a ventilating fan, skylight, steeple, chimney, smoke stack, or other similar structure as
determined by the Development Authority.
Building Inspector means the person or persons appointed or contacted by the municipality to be the
chief building inspector(s) in and for Lethbridge County.
Building and Trade Contractor Service means the use of land or buildings for businesses engaged in
activities commonly referred to as construction including plumbing, heating, dry walling, framing,
electrical, renovating and related excavating and the interior storage of materials and storage related to
the same and may include an office.
Bulk Fertilizer Storage and Sales means an establishment where fertilizer goods, most commonly for
agricultural purposes, are received and stored for the purpose of distribution and sales.
Bulk Fuel Storage and Sales means an establishment where fuel is received and stored for the purpose of
distribution and sales excluding cardlock operations and truck stops.
Bus Depot means any premises for the transient housing or parking of motor-driven buses, the loading
and unloading of passengers and the accessory transportation of limited goods.
Business Support Service means an establishment primarily engaged in providing services for other
business establishments such as advertising, building maintenance, clerical, printing, book keeping,
financial services, employment services, professional advice, security and other similar services.
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Definitions Part 9 | 7
C
Campground, Private means, in addition to the definition of "Campground, public", the use of the facility
is intended for private financial gain and/or admittance is limited to a specific membership, club or
organization such as a church, Boy Scouts, youth organization, etc.
Campground, Public means a development designed with two or more distinct sites to be used by the
general public for short-term camping purposes. The use of the land is intended for seasonal occupancy
by camping-related equipment. The campground may also include supplementary facilities such as an
administrative office, washrooms, cooking and eating shelters, convenience retail operations, laundry
facilities and a living area for the owner/operator.
Cannabis means a plant Cannabis sativa, including the phytocannabinoids produced by, or found in, such
a plant, regardless of whether that part has been processed or not, and any substance or mixture of
substances that contains or has on it any part of such a plant; and any substance that is identical to any
phytocannabinoid produced by, or found in, such a plant, regardless of how the substance was obtained,
but does not include a non-viable seed of a cannabis plant.
Cannabis Cultivation means the growing and harvesting of cannabis as licensed by Health Canada.
Cannabis Nursery means the growing and harvesting of cannabis for the purposes of a nursery as licensed
by Health Canada.
Cannabis Processing means a development (micro or standard size), as licensed by Health Canada, where
cannabis is grown, harvested, processed, tested, destroyed and/or stored on site, but does not include
Cannabis Retail Store.
Carport means a partially-enclosed structure open on at least two sides intended for the shelter of one or
more motor vehicles, and is typically attached to a dwelling along at least one side.
DIAGRAM 9.3
Cartage/Moving Services means the use of land or buildings by a commercial company to move by
transport truck the possessions of a family or business from one site to another for the purpose of
relocating people or businesses. Moving services include personalized services, packing and unpacking,
general moving and transport, storage and specialty shipping.
Car/Truck Wash means the use of a building, structure or area providing for the washing and cleaning of
motor vehicles including truck washes and may be a private or a commercial operation.
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Land Use Bylaw No. 24-007
Casino means a building or large room used for various legal gaming, games of chance, and gambling
activities and is often equipped with gambling devices, video lottery terminals and slot machines,
gambling tables, and which is licensed by government authorities and may include rooms or space for
meetings, entertainment, a beverage lounge and food services, etc.
Cemetery means land used or dedicated to the burial of the dead, including crematoriums, mausoleums,
necessary sales, and maintenance facilities.
Change of Use means the conversion of land or building or portion thereof from one land use activity to
another in accordance with the Permitted or Discretionary Uses as listed in each land use district.
Chemical Processing and Storage means the use of land or buildings for the alteration, mixing and
separation of chemical compounds in order to produce a new material and is typically considered as an
intense industrial activity. Also includes the storage and distribution of related goods.
Church - see "Place of Worship"
Clear Vision Triangle means a triangular area on a corner lot formed by an imaginary line starting at the
point of intersection of the two street property lines and extending 7.62 m (25 ft.) from their point of
intersection.
Clubs and Fraternal Organizations means development used for the meeting, social or recreational
activities of members of a normally non-profit philanthropic, social service, athletic, business or fraternal
organization, without on-site residences. Clubs and fraternal organizations may include rooms for eating,
drinking and assembly.
Cluster Lodges/Cabins Accommodation means a commercial development intended as a type of
recreational guest, rental, or tourist accommodation which may consist of multiple buildings clustered
together in proximity and may include a main day/cooking lodge with associated multiple secondary
private sleeping accommodation units.
Clustered Development means a planning and development land use approach that concentrates
buildings in close proximity together on a portion of the site, often sharing common yard space, to allow
the remaining land to be used for recreation, open space, agriculture or preservation of historically or
environmentally sensitive lands.
Code of Practice means the most recent Code of Practice for the Safe and Economic Handling of Animal
Manures prepared by Alberta Agriculture, Food and Rural Development, as amended from time to time.
Commercial means the use of land and/or buildings for the purpose of public sale, display and storage of
goods and/or services on the premises. Any on-premises manufacturing, processing or refining of
materials shall be incidental to the sales operation.
Community or Civic Halls means a non-commercial typically public development or building established
primarily for the benefit, use and service of the population of the community in which it is located.
Composting means processing organic waste in a controlled environment to produce a stable product by
microbiologically degrading organic matter under aerobic conditions.
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Definitions Part 9 | 9
Comprehensive Development means a development approach which completely provides for the
planned, detailed, orderly development of a parcel or group of parcels, and which has taken into account
the effects of such development on the immediate and surrounding area and considers servicing
(infrastructure) efficiencies or constraints.
Conceptual Design Scheme means a planning document consisting of a proposed subdivision plan and
support information which is applied to smaller subdivision proposals involving four (4) or fewer adjacent
lots and is usually not adopted by bylaw. The plan typically illustrates the number of parcels and minimum
lot sizes, the location of roadways and access points, general indication of the parcel surface drainage or
contour maps, and information or illustrations showing any existing utility, easements, rights-of-way or
canals present. Information is also provided on the proposed potable water and sewer system, and the
plan may be required to include engineered storm water plans or soils tests or other information that the
Subdivision Authority may request which it feels is relevant to the land or proposal.
Conceptual Site Plan means a plan (to scale) showing uses and structures proposed for a parcel of land as
required by the Subdivision or Development Authority. Its purpose is to show how the intended land use
relates to the topography, landscape features, adjacent land uses and typically includes proposed lot lines,
roads, building sites, reserved open space, buildings, landscape features - both natural and man-made,
proposed utility lines, recreation areas, parking areas, and utilities.
Concrete Batch Plant means the use of land or buildings where concrete or concrete products used in
building or construction are produced, and is described as a mixing plant where sand, gravel, cement,
water, and other materials are turned into concrete, and includes facilities for the administration or
management of the business, the stockpiling of bulk materials used in the production process or of
finished products manufactured on the premises and the storage and maintenance of required
equipment, but does not include the retail sale of finished concrete products.
Condominium means a building or structure where there exists a type of ownership of individual units
generally in a multi-unit development or project where the owner possesses an interest as a tenant in
common with other owners.
Condominium Plan means a plan of survey prepared in accordance with the provisions of the
Condominium Act, Revised Statues of Alberta 2000, Chapter C-22, as amended, and registered in the Land
Titles Office.
Conference Centre means a large building that is designed to hold a convention or conference for public
assembly, where individuals and groups gather to promote and share common interests, knowledge,
hobbies, or business practices or for promoting educational, economic, cultural, political, religious or
charitable pursuits. Conference centres typically offer sufficient floor area to accommodate several
thousand attendees and are suitable for major trade shows, and are sometimes known as exhibition halls.
Conference centers typically have at least one auditorium and may also contain meeting rooms, lecture
halls, concert halls and ancillary kitchen/food services.
Confined Feeding Operations has the same meaning as defined in the Agricultural Operation Practices
Act, RSA 2000, Chapter A-7, as amended and means fenced or enclosed land or buildings where livestock
are confined for the purpose of growing, sustaining, finishing or breeding by means other than grazing
and any other building or structure directly related to that purpose but does not include residences,
livestock, seasonal feeding and bedding sites, equestrian stables, auction markets, race tracks or
exhibition grounds.
Definitions Part 9 | 10
Land Use Bylaw No. 24-007
Contractor Trade Shops means any building or premises used by a carpenter, mill worker, cabinet maker,
plumber, electrician or similar trades persons for assembling materials or products or storing tools,
materials, trailers or supplies related to the business, but does not involve any sales on the premises.
Convenience Store - see "Retail, Convenience"
Corner Lot means a lot located at the intersection or junction of two or more streets (not including lanes).
Corner Side means the lot line on a corner lot that has road frontage but is not the lot line from which
primary access or development to the building is gained. (see Diagram 9.4) See - "Setback".
DIAGRAM 9.4
Corral means any enclosed area, pen, stable or coop intended to enclose animals at densities and numbers
lower than those outlined by the Natural Resources Conservation Board (NRCB).
Council means the Council of Lethbridge County in the Province of Alberta.
Country Residential, Grouped means existing or proposed residential uses on more than two adjacent
parcels of less than the minimum extensive agricultural parcel size.
Country Residential, Isolated means one or two existing or proposed country residential parcels.
Country Residential Use means a use of land, the primary purpose of which is for a dwelling or the
establishment of a dwelling in a rural area, whether the dwelling is occupied seasonally, for vacation
purposes or otherwise, or permanently.
Crematorium means a development fitted with equipment for the purpose of the cremation of human
remains and may include associated facilities for the preparation of the dead human body for internment
or cremation.
Cryptocurrency (bitcoin) Mining means the process by which new digital or virtual currencies, bitcoins or
altcoins are entered into circulation and is also the way the network confirms new transactions and is a
critical component of the blockchain ledger's maintenance and development. "Mining" is performed
using sophisticated hardware that solves an extremely complex computational math problem and
involves using multiple powerful computers and dozens of cooling fans.
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Definitions Part 9 | 11
Cultural Building and Facility means the use of land or buildings for the preservation or provision of
cultural amenities to the public, such as but not limited to museums, historical sites and art galleries by a
public or private, non-profit service provider.
Cut-off Parcel means a parcel separated by:
- a permanent irrigation canal right-of-way as defined by the irrigation district,
- a permanent watercourse normally containing water throughout the year,
- a railway,
- a graded public roadway or highway,
- an embankment, or
- some other physical feature,
which makes it impractical to farm or graze either independently or as part of a larger operation, including
nearby land.
D
Day Care Centres means a building or portion thereof used for the provision of care, maintenance and
supervision of seven or more children, by persons unrelated to the children by blood or marriage, for
periods not exceeding 24 consecutive hours and includes all day-care centres, nurseries and after-school
or baby-sitting programs which meet the conditions of this definition or are required to be licensed by the
provincial government.
Day Home means a private residence where care, development and supervision are provided for a
maximum of six children clients between the ages of 0-12 years, by persons unrelated to the children by
blood or marriage, including children under the age of 12 who reside in the home, for periods not
exceeding 24 consecutive hours.
Deck means a wooden, or other similar hard-surfaced platform, with or without a roof, walls or railings
intended for outdoor living space or amenity area and which is generally attached to a building.
Ground Level Deck means an unenclosed (no roof or walls) amenity area of wood, or other similar
material, that is constructed less than 0.6 m (2 ft.) above grade and is typically attached to a
dwelling.
Ground Level Patio means an unenclosed (no roof or walls) amenity area of concrete, brick, wood,
or other material that is constructed at grade and may or may not be or attached to a dwelling.
Raised Deck means a horizontal structure with a surface height 0.6 m (2 ft.) or greater above
grade at any point, but generally no higher than the first storey floor level, and is intended for use
as a private outdoor amenity space.
Demolition means any act or process that destroys or removes in part or in whole a building or structure.
Density means a measure of intensity and when used in reference to a residential or residential related
development, refers to the number of dwellings on a site, expressed in dwelling units per hectare or acre.
Definitions Part 9 | 12
Land Use Bylaw No. 24-007
Designated Officer means a person authorized by Council to act as a Development Authority pursuant to
section 624(2) of the Municipal Government Act and in accordance with the municipality's Development
Authority Bylaw.
Developable Area means an area of land in a title that can be developed or constructed upon for buildings,
structures, driveways, septic fields, various utilities, and dugouts if required, and may not include land
that is located within required road and property line setbacks, land that is too steep, situated within
floodplain, or an area that has easements or rights-of-way registered over it in which buildings or
structures cannot be placed over. See "Building envelope".
Development means:
(a) an excavation or stockpile and the creation of them;
(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;
(c) a change of use of land or a building or an act done in relation to land or a building that results in a
change in the use of the land or building; or
(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.
Development Agreement means an agreement between the developer and the municipality, pursuant to
sections 648, 650, 654 and 655 of the Municipal Government Act, to:
(a) construct or pay for the construction of a road required to give access to the development;
(b) construct or pay for the construction of:
(i)
a pedestrian walkway system to serve the development, or
(ii) pedestrian walkways to connect the pedestrian walkway system serving the development with
a pedestrian walkway system that serves or is proposed to serve an adjacent development, or
both;
(c) install or pay for the installation of public utilities, other than telecommunication systems or works,
that are necessary to serve the development;
(d) construct or pay for the construction of:
(i)
off-street or other parking facilities, and
(ii) loading and unloading facilities;
(e) pay an off-site levy or redevelopment levy;
(f)
give security to ensure that the terms of the agreement under this section are carried out.
Development Authority means the Municipal Planning Commission or the Designated Officer, including
the Development Officer authorized to act as a Designated Officer, as provided for within this Bylaw and
the Development Authority Bylaw of the County.
Development Hearing means a public meeting which is convened at the discretion of the Development
Authority in accordance with the requirements of the Land Use Bylaw, to obtain comment and
information on a proposed development prior to the Development Authority's issuance of a decision on
a development permit application or other type of municipal approval such as an antenna systems siting
proposal.
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Definitions Part 9 | 13
Development Permit means a permit issued pursuant to this Bylaw authorizing a development. A
development permit does not constitute a building permit.
Discretionary Use - see "Use, Discretionary"
District means a defined area of the municipality as set out in Part 3 of this Bylaw and indicated on the
Land Use District Maps in Part 10.
Dog Training Facility means any premises or building containing four or more dogs, which are five months
or older, where these domestic animals are trained, exercised, and socialized, but are not kept or boarded
over night, bred, sold, or let for hire.
Drive-in Restaurant means an establishment where food is prepared and served on the premises for sale
to the public and includes car attendant and/or drive-through, pick-up service.
Driveway means a private drive on land individually titled providing vehicular access to a lot, parcel,
parking area, garage, dwelling or other building, use or facility in conformance with the Land Use Bylaw,
and may be utilized for the off-street parking of vehicles where designed to accommodate such.
Driving Ranges means an area equipped with distance markers, clubs, balls, and tees for practicing golf
drives and putting, and which may include a snack-bar and pro shop and other incidental activities
pertaining to this activity.
Dryland means an existing title of agricultural land with no acreage classified by an irrigation district as
"to be irrigated".
Dugout mean a development or excavation of land or the ground for the purpose of the containment and
storage of raw or irrigation water, most often typically located on an agricultural parcel or farmyard.
Dwelling means a self-contained premises or building designed for human habitation which includes
provisions for cooking, sleeping and sanitary facilities, and is or has been constructed in compliance with
all provincial building codes.
Duplex means a building constructed on the lot intended for occupancy containing two dwelling units
with separate exterior access to each unit, connected by a common floor or ceiling, but not legally
subdivided by a property line.
Manufactured Home means a residential building containing one dwelling unit built in a factory and
designed to be transported in one or more sections to a suitable site. The home is typically
transported to a site on its own chassis and wheel system or on a flatbed truck. New manufactured
homes shall be constructed to either the CSA Z240 or CSA A277 standards and must be able to meet
all applicable provincial building codes once completed. The homes are typically placed on
foundation supports, skirted, installed to CSA Z240.10.1 standards, and connected to utilities.
Manufactured Home 1 means a manufactured home as defined by this Bylaw constructed
within the past year of application for a development permit and not previously occupied, and
may include modular homes, and in appearance, generally resembles site-built (stick-built)
constructed homes.
Definitions Part 9 | 14
Land Use Bylaw No. 24-007
Manufactured Home 2 means a manufactured home not constructed prior to 1985 has been
either previously occupied or does not meet the definition or standards of Manufactured home
1. These are commonly or have previously been referred to as "Mobile homes" and may consist
of "Double-wide", which means a manufactured home consisting of two sections, moved
separately, that are joined together into one integrated dwelling unit on site, or "Single-wide"
which means a manufactured home designed to stand alone as a single dwelling unit.
Moved-in means a previously occupied, conventional, site-built, dwelling unit which is physically
removed from one site, transported and re-established on another site for use as a residence, but
does not include modular dwellings, manufactured homes, or ready-to-move dwellings.
Multi-unit means a building other than a townhouse/row dwelling containing three or more separate
dwelling units. (see Diagram 9.5)
DIAGRAM 9.5
Ready-to-move (RTM) means a new dwelling unit not previously occupied that is site-built on a
construction site, plant site, or building yard. The dwelling is then transported as one unit, delivered
to the client's location, and installed on a basement or foundation.
Semi-detached means a building constructed on the lot intended for occupancy containing two
separate dwelling units with separate exterior access to each unit, connected by a common (shared)
wall between the two units, and may legally be subdivided by a property line. (see Diagram 9.6)
DIAGRAM 9.6
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Definitions Part 9 | 15
Second or Other Residence means a standalone additional dwelling unit on a lot which is not
contained within the principal residence or an accessory building. A secondary dwelling unit may be
a manufactured dwelling, ready-to-move dwelling, modular, moved-in dwelling or a site-built
dwelling as permitted in accordance with the land use district it is proposed to be located within.
Single Detached means a residential building constructed and intended for occupancy containing a
single dwelling unit which is not attached to any other dwelling by any means. For the purposes of
this Bylaw, single detached dwelling may include site-built dwellings, manufactured homes, modular
dwellings, or ready-to-move dwellings. (see Diagram 9.7)
DIAGRAM 9.7
Site-built means a building that is constructed from individual parts and materials into a whole and
complete formation on the site (lot) and does not include prefabricated parts other than floor joists
and roof trusses.
Townhouse/Row means a building containing three or more separate dwelling units with each unit
placed side by side and each having a separate front and rear entrance. (see Diagram 9.8)
DIAGRAM 9.8
E
Easement means a right held by one party in land owned by another (a dominant and servient tenant),
typically for access thereto or to accommodate a utility over the parcel and is typically registered on title.
Definitions Part 9 | 16
Land Use Bylaw No. 24-007
Educational Facility means a development or building used for the purposes of offering training,
instruction, education, courses or studies to the public and may be public or privately operated or funded
and may include such courses as adult education, advanced learning, English as a second language.
Emergency Service means the use of land or buildings for the provision of maintaining safe living
conditions and responding to crisis situations such as, but not limited to, fire stations, police stations, and
emergency medical and ambulance service.
Environmental Impact Assessment means a comprehensive report professionally prepared by a qualified
professional (i.e. engineer, biologist) assessing the impacts a proposed development may have on the
environment.
Equestrian Facility means a development or use of land involving buildings and structures to
accommodate equestrian (horse) related activities and may consist of horse boarding stables, riding
arenas, riding schools and academies, horse exhibition facilities and pack stations. This use may include
barns, stables, corrals, arenas, fencing, animal shelters and paddocks which are accessory uses on-site to
the principal use.
Established Grade - see "Grade"
Excavation means the clearing and removal of earth or soil from its natural position and includes a cavity
or hole formed by or as if by cutting, digging, tunnelling or scooping the earth, typically to accommodate
development, but excludes breaking up the earth, tilling or ploughing for agricultural purposes.
Exhibition Ground means a commercial facility used for conventions, conferences, seminars, product
displays, recreation activities, and entertainment functions, along with accessory functions including
temporary outdoor displays, and food and beverage preparation and service for on-premise consumption.
Extensive Agriculture means the production of crops and/or livestock by the extensive cultivation or open
grazing of existing titles or proposed parcels usually 64.8 ha (160 acres) on dryland or 32.4 ha (80 acres)
on irrigated land.
F
Fabric Building means a structure, truss or tube-frame building system, which is covered with fabric,
generally of canvas, vinyl, plastic, or cotton material, which is typically used as an accessory building or
for storage. For use purposes these may be considered as an Accessory building.
Farm Building means any agricultural improvement or development other than a residence, to the extent
it is used for farming and agricultural operations. Farm Building refers to an accessory building that:
(a) Does not contain a residential Occupancy;
(b) Is used in connection with the Agricultural Pursuits and farming Agricultural Operations of the
owner;
(c) Is not used or occupied by, or expected to be used or occupied by, the public or persons, other
than the farmer or farmers that own the building, their immediate family, and/or their
employees, that may be in the farm building from time to time during the natural course of
farming Agricultural Operations;
Land Use Bylaw No. 24-007
Definitions Part 9 | 17
(d) And the farm building is used for:
(i) Housing livestock,
(ii) Storing, sorting, grading, or bulk packaging primary agricultural products, or
(iii) Housing, storing, or maintaining equipment or machinery associated with the operation of
the farm on which it is located.
-
also see "Agricultural Buildings and Structures", "Agricultural Operation(s)" and Agricultural
Pursuit
Farm Dwelling means a single-family dwelling that is located on and used in connection with a farm, with
a farm generally being defined as an area of land and its buildings associated with the use of growing crops
and rearing animals, typically under the control of one owner or manager.
Farm/Industrial Machinery Sales, Rental and Service means the use of land or buildings for the sale,
service and/or rental of agricultural implements and/or vehicles over 5,900 kg (13,000 lbs.) tare weight
and heavy machinery used in the operation, construction or maintenance of buildings, roadways,
pipelines, oil fields, mining, or forestry operations, and in freight hauling operations. Cleaning, repairing
and sale of parts and accessories may be allowed as part of the principal use.
Farm Stands means a building or structure used for the retail sales of fresh fruits, vegetables, flowers,
herbs, or plants by individuals typically in their yard or at the farm gate. May also involve the accessory
sales of other unprocessed foods, or home processed food products such as jams, jellies, pickles, sauces,
or baked goods, and home-made handicrafts.
Farmer's Market means an occasional or periodic market held in an open area or in a building or structure
where multiple sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh
flowers, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed
from booths located on-site.
Farmstead means the part of an agricultural parcel developed with a dwelling(s), structures, shelter belts,
dugouts, storage areas for farm equipment, produce and fertilizer, etc. necessary to the extensive
cultivation and/or grazing use of the major portion of land.
Feed Mills/Grain Terminals means a facility for the collection, grading, processing, storage, and shipping
and receiving of grain crops.
Fence means a structure usually made of wood, rails, bricks or wire used as an enclosure, to mark parcel
boundaries or for screening purposes for all or part of a parcel or lot.
Fertilizer Storage and Sales means a development used to store bulk fertilizer for wholesale distribution.
Financial Institution means a development primarily for providing the service of banking, financial
investments or lending money, such as a bank, savings and loan institution, or credit union.
Fire Hall - see "Emergency Service"
Firing Range - see "Shooting Range"
Definitions Part 9 | 18
Land Use Bylaw No. 24-007
Flea Market means an occasional or periodic market where goods are offered for sale to the general
public by individual sellers. Typical goods for sale include art, jewellery, household goods, souvenirs,
textiles, and homemade or artisan crafts.
Flood Fringe means that portion of the flood plain that lies outside of the flood way and is susceptible to
inundation by flood waters characterized by relatively low velocity flows, shallow depths and/or standing
water.
Flood Hazard Area means the area including and adjacent to a watercourse that is subject to both regular,
intermittent or 1:100 year flooding, or any area officially designated as such by government departments
or identified in government studies, legislation, or mapping, and includes but is not limited to the flood
plain.
Flood Plain means the areas adjacent to a watercourse that are susceptible to inundation by flood waters
and includes both the flood way and the flood fringe.
Flood Way means that portion of the flood plain, normally lying adjacent to the channel of a watercourse,
which is susceptible to regular inundation by flood waters characterized by high velocity flows, extensive
depths and/or standing water.
Floor Area means the sum of the gross horizontal area of the several floors and passageways of a building,
but not including cellars, attached garages and open porches. All dimensions shall be outside dimensions.
Basement floor areas shall be included only where the building contains a basement suite.
Floor Area, Gross means the total floor area of a building contained within the outside surface of exterior
walls and basements.
Floor Area, Net means the gross floor area of building excluding walls, partitions, mechanical rooms,
washrooms, stairways, elevators and internal garbage storage areas.
Food Processing means a development for the preparation, processing, or canning and packaging of food
products and the wholesale distribution of the same.
Foundation means the supporting base structure of a building which has been designed and engineered
to support the associated weight of the building or structure.
Fragmented Parcel - see "Cut-off Parcel"
Front Yard means a yard extending across the full width of a lot and situated between the front lot line
and the nearest portion of the principal building.
Frontage means the front lot line or that side of a lot abutting a public roadway, but does not include any
side abutting a lane, unless said lane is the only means of physical access to a lot.
Funeral Home means a development used for the arrangement of funerals, the preparation of the
deceased for burial or cremation, the holding of funeral services and the carrying out of cremation. A
crematorium may be operated in conjunction with a funeral home but for the purposes of this bylaw is
defined separately.
Land Use Bylaw No. 24-007
Definitions Part 9 | 19
G
Garage (residential) means an accessory building designed and used for storage of motor vehicles.
Garden Centre means a development for the commercial retail sales of vegetable plants, flowers, shrubs,
trees or other plants for transplanting or sale and includes retail uses accessory to the use, such as tools,
hardware, fertilizer, and may include the in-ground growing of plants or trees on the premises.
Garden Suite means a supplementary temporary dwelling unit that is a small, portable, self-contained,
manufactured housing unit which is located on the same lot or parcel as a principal dwelling unit and
where the supplementary dwelling is used to temporarily accommodate no more than two individuals
that are dependent or associated with the residents in the principal dwelling, or where circumstance
warrants, it may be used to temporarily house individuals providing care to the resident(s) of the principal
building.
General Utility Structure means a structure used for the support or conveyance of utilities.
Golf Course means a tract of land developed for the purpose of playing golf, improved with tees, greens,
fairways, hazards, water features, club houses, shelters and accessory buildings. This use may also include
driving ranges.
Government Service means a development providing
municipal, provincial or federal government services
directly to the public or the community at large.
Grade or Established Grade means with reference to a
building, the average elevation of the finished surface of
the ground where it meets the exterior of such building,
and when used with reference to a structure, shall mean
the average elevation of the finished grade of the ground
immediately surrounding such structures, exclusive in
both
cases
of
any
artificial
embankment
or
entrenchment and when used with reference to a street, road or highway means the elevation of the
street, road or highway established by the municipality or Development Authority.
Grading means the stripping, cutting or filling of earth or land for the purpose of establishing a new grade
but does not include excavation that forms a cavity or hole or the stripping of top soil for commercial
purposes.
Grain Terminal - See "Feed Mill/Grain Terminal"
Gravel and Sand Pits - See "Resource Extraction and Associated Works"
Greenhouse means an indoor (i.e. within a building or covered structure) horticultural operation used in
the year-round cultivation of herbs, vegetables and plants and does not include retail sales from the
greenhouse site. Any associated retail sales is considered a secondary use. See "Garden Centre". This
use does not include Cannabis Production Facility which is a separate use.
DIAGRAM 9.9
Definitions Part 9 | 20
Land Use Bylaw No. 24-007
Grocery Store means a retail establishment with a gross floor area in excess of 278.7 m² (3,000 ft²)
primarily selling pre-packaged and perishable food for household consumption as well as other
convenience and household goods.
Group Care Facility means a development which provides residential accommodation and rehabilitative
services to persons who are handicapped, aged, disabled or undergoing rehabilitation and are provided
care to meet their needs. Persons are typically referred to a group care facility by hospitals, government
agencies or recognized social service agencies or health professionals but may also voluntarily request
care or accommodation. This use includes supervised uses such as seniors long-term care facility, but a
group care facility shall not include a group home, hospital, sanatorium, jail, prison, reformatory or hostel.
Group Home Facility means supervised residential dwelling units, licensed or approved by the Province,
for the accommodation of persons, excluding staff, and in which supervisory, educational, developmental,
daily living and/or personal care services are provided or made available for more than three persons
typically referred by hospitals, courts, government agencies or recognized social service agencies or health
professionals. A group home shall not include a hospital, sanatorium, seniors long-term care facility, jail,
prison, reformatory or hostel.
H
Hay Plant means a development for the processing and storage of hay and the wholesale distribution of
the same.
Hazardous Industry means a use or development involving or used for manufacturing, fabricating,
processing, assembly, storage, production or packaging of goods, materials, or products where:
(a) the use may be detrimental to public health, safety or welfare beyond the boundaries of the site or
parcel upon which it is situated; or
(b) the use may involve the manufacturing or processing of substances or products that involve
significant risks to the safety, health or welfare of persons and may include explosives, radioactive
materials, poisons, pesticides, herbicides, or toxic gases or fumes; or
(c) the use may be incompatible with residential or other development because of toxic gases, smells,
wastes, noise, dust or smoke emission which are not confined to the site or parcel upon which the
use is situated. This use includes:
(i)
abattoirs, slaughterhouses and rendering plants; or
(ii)
alfalfa processing plants; or
(iii) anhydrous ammonia storage facilities; or
(iv) explosives storage or manufacturing facilities; or
(v)
fertilizer manufacturing plants; or
(vi) gas processing plants; or
(vii) petrochemical industries or refineries; or
(viii) metal industries, which are involved in the concentration, refining, smelting, or re-smelting of
ores or metals; or
Land Use Bylaw No. 24-007
Definitions Part 9 | 21
(ix) warehousing, storage and wholesale distribution facilities associated with the above shall be
treated as part of this use. "Waste disposal facility" and "Wastewater treatment plants" are
separate uses; and
(x)
such other uses as established by the Development Authority to be similar to the above or to
the intent of this definition.
Heliport means an area designed to be used for the landing or takeoff of helicopters including operations
facilities, such as maintenance, loading and unloading, storage, fueling, or terminal facilities.
Highway Commercial means a use which provides goods and/or services essential to the motoring public
such as, but not necessarily limited to, service stations, cafes, restaurants, motor hotels, public roadside
rest stops and campgrounds, recreation vehicle sani-dumps and commercial recreational development.
Hobby Farm means a development or use of land or buildings and structures related to a small agricultural
holding or small scale farm that is maintained without expectation of being a primary source of income.
They may be managed as working farms for sideline income, or are even run at an ongoing loss as a
lifestyle choice by people with the means to do so, functioning more like a country home than a business.
Typically they are merely to provide some recreational land to accommodate a few horses or specialty
animals (goats, rabbits, llamas) for hobby or recreational purposes.
Home Occupation means any occupation, trade, profession or craft carried on by an occupant of a
residential building as a use secondary to the residential use of the building, and which does not change
the character thereof. No offensive noise, vibration, smoke, dust, odours, heat, or glare should be
produced by the use. For all Home occupation categories, a Home Occupation shall not be allowed if the
use would be more appropriately located in a Commercial or Industrial district or if it is deemed
incompatible with the residential character of the district or the agricultural character of the area on rural
parcels.
Home Occupation 1 means a home occupation where very limited traffic will be generated as a
result of the operation, no outside storage, and no related vehicles or trailers. Typical such uses
may include an in-home office for business administration or book keeping, computer or internet
based business, direct sales from home, etc.
Home Occupation 2 means a home occupation that may generate limited business-related visits.
Up to two non-resident employees may be employed on-site for this type of home occupation
and up to two related vehicles or trailers may be used. Limited outdoor storage may be allowed
as part of this type of home occupation.
Home Occupation 3 means a home occupation that will generate daily or weekly business-related
visits. Up to six non-resident employees may be employed on-site for this type of home
occupation and up to five related vehicles or trailers may be used. Limited outside storage may
be allowed as part of this type of home occupation.
Horizontal Axis Rotor means a wind energy conversion system, typical of conventional or traditional
windmills, where the rotor is mounted on a downward 5 percent angle to the earth's surface.
Definitions Part 9 | 22
Land Use Bylaw No. 24-007
Horticulture means the use of land or buildings for an agricultural operation concerned with intensively
cultivated plants produced on site, typically utilizing smaller areas of land than extensive agricultural
practices, high yield production or specialty crops and are either used for food, for medicinal,
environmental, aesthetic purposes or sold. These uses may include plant nurseries, greenhouses, market
gardens, hydroponic, tree farms, wood lots, mushroom farms, sod farms, specialty crops, or experimental
crops. All woodlot operations shall comply and adhere to the Woodlot Management Guidelines of
Alberta. This use does not include Cannabis Production Facility which is a separate use.
Hospital means a building providing medical treatment on both an in-patient and an out-patient basis and
may include provision for outdoor amenity areas, laundry facilities, maintenance buildings and air
transport facilities. See "Emergency service".
Hotel/Motel means a building used primarily for sleeping accommodation and accessory services
provided in rooms or suites of rooms that may contain bar/kitchen facilities. The building may also contain
commercial or other uses and may offer such additional services as parking facilities, restaurant or dining
room, room service or public convention facilities.
I
Illumination means the lighting of a building, structure, landscaping, or sign by artificial means.
Indoor Storage means the enclosed storage of goods, merchandise, materials or equipment within a
building.
Industrial means the use of land and/or buildings for the purpose of manufacturing, processing, refining,
storing, and/or distributing materials or products for sale or application elsewhere. Any on-premises sales
shall be incidental to the operation of the industry.
Industrial, Grouped means a proposed or existing industrial use which is located on a parcel less than the
minimum extensive agricultural parcel size and adjacent to one or more other parcels, either designated
or proposed for industrial use or with an existing industrial use.
Industrial, Isolated Single Lot means industrial uses, located or proposed to be located on parcels of land
not adjacent to other proposed or existing industrial uses. This use does not include Cannabis production
facility which is a separate use.
Industrial Processing and Manufacturing means a development for manufacturing, assembling or
fabricating activities on a small or large scale, as well as administrative offices and warehousing and
wholesale distribution uses which are accessory uses to the above, provided that the use does typically
generate any detrimental impact, potential health or safety hazard or any nuisance beyond the
boundaries of the site or lot upon which it is situated.
Industrial Supplies and Sales means a development or use of building for the purpose of sales and
distribution of commercial industrial products associated with plumbing, heating, mechanical and
fastener products, with typical products including plumbing fixtures, tools, pipes, valves, fittings, electrical
tools, fasteners, cutting tools, hand tools, pressure washing equipment, bolts, screws, clamps, etc.
Land Use Bylaw No. 24-007
Definitions Part 9 | 23
Institutional means a use by or for an organization or society for public or social purposes and, without
restricting the generality of the term, includes senior citizen housing, nursing homes, day care centres,
places of worship, museums, libraries, schools, service and fraternal organizations, and government
buildings.
Institutional Workshop / Specialty Manufacturing means a development that is associated with a public,
non-profit or community institutional use on a parcel and which may include facilities to process or
package specialty agricultural related products, horticultural related products, related various artisan and
craftsman production (e.g. glass, art, textile, pottery and sculpture studios), luthiers, cabinetry and wood
working, specialty furniture production, decorative or home furnishing making, and small product
assembly, that is manufactured or produced for the primary purpose of providing employment and skill
training opportunities or supplementary income/funding for the institution or its client patrons. The use
may include areas devoted to retail sales, display and storage.
Interior Lot means any lot other than a corner lot as defined in this Bylaw. See Lot, Interior.
Irrigated Land means:
(a) an existing title or a proposed parcel that contains some acreage classified by an irrigation district as
"to be irrigated";
(b) land that contains some acreage with rights to pump from a river.
Isolated Commercial Recreation means the recreational use of land or a building on a single lot for
financial gain where the public is admitted only on the payment of a fee or where admission is limited to
members of a club, organization or association. Examples include go-cart tracks, riding stables or
academies, golf driving ranges.
K
Kennel means a facility where dogs or cats or other domestic pets are maintained, boarded, trained or
cared for or kept for the purposes of sale or temporary care, but excludes a veterinary clinic or a breeding
facility.
L
Land-locked Parcel means that a parcel does not have a means of physical access.
Landscaped Area means that portion of the site that is required to be landscaped.
Landscaping means the modification, beautification and enhancement of a site or development through
the use of the following elements:
(a) natural landscaping consisting of vegetation such as trees, shrubs, hedges, grass, flowers and other
ground cover materials;
(b) hard landscaping consisting of non-vegetative materials such as brick, stone, concrete, tile and wood;
and
Definitions Part 9 | 24
Land Use Bylaw No. 24-007
(c) innovative landscaping materials such as sculptures, ornamental ponds, benches, lighting and other
structures and materials used in landscape architecture.
Lane means a public roadway which provides a secondary means of access to a lot.
Legacy Yard Site means the developed area of a long established rural property that contains an existing
residential Dwelling or that formerly contained a residence, and contains or may have contained other
accessory buildings, structures and improvements such as shop buildings, dugouts, various agricultural
out-buildings, tree shelter belts, etc., and that has been in place for multiple generations. This Use is
commonly associated with the property of generational farming families and the classification of such
acknowledges the historical settlement patterns of the area and allows the preservation of long
established homesteads or farms, which can have significant community and heritage value.
Legal Access means access by any vehicular way which is an existing provincial or county roadway or which
is shown on a plan, such as a subdivision or road plan, or legal agreement, such as an easement, registered
in the Land Titles Office and includes the land between the street lines, whether improved or unimproved.
Libraries means a public facility for the use or loaning, but not sale, of literary, musical, artistic, or
reference materials.
Licensed Premises - see "Liquor Establishment"
Lighting Restriction Area means an irregular shaped zone that borders the south side of the Oldman river
Valley and within which special luminaire mounting height restrictions may be required in accordance
with the Urban Star Park Overlay district.
Liquor Establishment means a commercial establishment licensed and regulated pursuant to provincial
legislation where alcoholic beverages are served for consumption on the premises, and typically includes
a bar, pub, tap-house, lounge or restaurant.
Liquor Store means a retail establishment licensed and regulated under provincial authority for the sale
of any or all of beer, wine or spirits for consumption off-premises.
Loading Space means an unobstructed area provided and maintained for the temporary parking of trucks
and other motor vehicles for the purpose of loading and unloading goods, wares, materials, and
merchandise on a lot.
Lodging House - see "Boarding House"
Lot means an area of land the boundaries of which are shown on a plan registered in a Land Titles Office,
or are described in the certificate of title to the land, and that has not been divided into smaller areas by
any plan or instrument registered in the Land Titles Office. The words site and parcel shall have the same
meaning as the word lot.
Lot Area means the total area contained within the lot lines of a lot.
Lot, Corner means a lot located at the intersection or junction of two or more streets. (see Diagram 9.10)
Lot, Double Fronting means a lot which abuts two parallel or approximately parallel streets. (see Diagram
9.10)
Land Use Bylaw No. 24-007
Definitions Part 9 | 25
Lot, Interior means a lot situated between two lots or another lot and a lane and having access to not
more than one street. (see Diagram 9.10)
DIAGRAM 9.10
DIAGRAM 9.11
Lot Length means the distance between the front and rear lot lines measured along the median between
the side property boundaries. (see Diagram 9.11)
Lot Line means the legally defined boundary of any lot. The term property line shall have the same
meaning. (see Diagrams 9.10, 9.11)
Lot Width means the measurement between the side lot lines measured at the front setback line. (see
Diagram 9.11)
Lumber Yard/Building Supply Store means a commercial retail store where lumber, building materials,
hardware and household accessories and other related goods are stored, offered or kept for sale and may
include outdoor storage but does not include the manufacturing or fabrication of lumber or similar
products.
Lumen means a unit of luminous flux equal to the light emitted in a unit solid angle by a uniform point
source of one candle intensity.
Lux means a unit of illumination equal to the direct illumination on a surface that is everywhere one meter
from a uniform point source of one candle intensity or equal to one lumen per square meter.
Definitions Part 9 | 26
Land Use Bylaw No. 24-007
M
Machinery and Equipment Services - see "Farm/Industrial Machinery Sales, Rental and Service"
Manufactured Home Park means a comprehensively planned development for the placement and
occupancy of new or previously occupied manufactured dwellings as residences which is managed by an
operator and may include amenity areas and accessory facilities for the use and maintenance of the
residents. Manufactured home park does not include transient uses such as campgrounds.
Manufactured Home Sales and Service means development for the sale, rental or storage of new and
used manufactured homes, and includes supplementary maintenance services and the sale of parts and
accessories.
Marina means any facility for the mooring, berthing, storing, docking or securing of watercraft, but not
including community piers and other non-commercial boat docking and storage facilities. A marina may
include boat sales, boat fuel sales, boat construction, boat repair, marine equipment sales, or promotional
events, boat and jet ski rental, and other uses clearly incidental to watercraft activities.
Market Gardening and Nurseries means a horticultural type of establishment for the growth, display,
and/or sale of vegetables, fruits, plants, shrubs, trees, and materials used in indoor or outdoor planting,
conducted within or without an enclosed building. This use includes a limited area for the display and sale
of goods or produce grown or raised on site. For more comprehensive gardening associated retail sales
(i.e. tools, pots, hoses, fertilizer, supplies, etc.) the use would be categorized as a "Garden centre". This
use does not include Cannabis Production Facility which is a separate use.
May means, within the context of a policy, that a discretionary action is permitted.
Measurable Standard means a minimum dimensional standard stipulated in Part 2, 3 or 4 of the Land Use
Bylaw, limited to minimum lot size, minimum setbacks, maximum lot coverage, maximum building height
and driveway width.
Medical/Dental Office means development providing medical, health, or dental care on an outpatient
basis. Dispensaries are considered a retail store for the purposes of this Bylaw.
Medical Cannabis means a substance used for medical and pharmaceutical purposes authorized by a
license issued under the federal government and in accordance with the Government of Canada's Access
to Cannabis for Medical Purposes Regulations (ACMPR) or any subsequent legislation which may be
enacted in substitution.
Meteorological Tower means a structure used to facilitate the collection and analysis of wind,
temperature, precipitation, air pressure or other atmospheric data and may include an anemometer, wind
direction vane, temperature and pressure sensors and other measurement devices attached to it at
various levels above the ground.
Mini Storage means a development which includes a series of enclosed storage bays or lockers, and may
include outside storage sites for recreation vehicles, all of which are intended for rental or lease to the
general public.
Mining - see "Resource Extraction and Associated Works"
Land Use Bylaw No. 24-007
Definitions Part 9 | 27
Minor Building Additions or Renovations to Existing Residential Structures means changes to a structure
or part thereof that the exterior, size, or appearance of a building and/or increases the net floor area of
the building but are cosmetic, minor in nature, replace existing structures or do not generally exceed 15
percent of the net floor area.
Mixed-use Development means a tract of land or building with more than one type of use (such as a mix
of office, retail, residential, entertainment, cultural, recreation, etc.), all of which are physically and
functionally integrated and are mutually supporting and developed in a compact urban form.
Motel - see "Hotel/Motel"
Motocross/Motor Sports Park means a development or facility to allow a form of motorcycle racing held
on enclosed off-road circuits or open courses consisting of trails, lanes, or racetracks, and also may consist
of artificially made dirt tracks consisting of steep jumps and obstacles. Accessory uses to a
motocross/motor sports park may include a pit/paddock, test track, mechanics area, concession or food
sales, bleachers/viewing areas and public washroom facilities.
Moved-in Building means a conventional, pre-constructed, previously occupied building, which is
physically removed from one site, transported and re-established on another site and does not include
manufactured homes, modular homes, or ready-to-move homes. See "Dwelling, moved-in".
Municipal Development Plan means a statutory plan, formerly known as a general municipal plan,
adopted by bylaw in accordance with section 632 of the Municipal Government Act.
Municipal Government Act (MGA) means the Municipal Government Act, Statutes of Alberta, 2000,
Chapter M-26, as amended.
Municipal Historic Resource means a heritage resource, together with any land in or on which it is located,
designated by Council as a Municipal Historic Resource by bylaw, whose preservation is considered to be
in the public interest.
Municipal Reserve means the land specified to be municipal reserve by a subdivision approving authority
pursuant to sections 664 and 666 of the Municipal Government Act.
Municipal Servicing Installations means the installation of or the development of municipal services such
as, water and sewer facilities, roads, storm water drainage facilities, parks, and fire protection and
includes municipal structures or infrastructure.
Municipality means Lethbridge County in the Province of Alberta.
Mural means a graphic displayed on the exterior of a building generally for the purpose of decoration or
artistic expression.
N
Natural Area means an area of land that is left in its natural and undeveloped state and is intended for
use as active or passive recreation areas or for resource protection as a principal use.
Naturally Occurring Wetland - see "Wetland, Naturally Occurring"
Definitions Part 9 | 28
Land Use Bylaw No. 24-007
Noise, Decibel (dB) means a unit used for measuring the magnitude of sound.
Noise Impact means the extent to which a level of noise interferes with the full utilization of a building or
tract of land.
Non-conforming Building, in accordance with the Municipal Government Act, means a building:
(a) that is lawfully constructed or lawfully under construction at the date of a Land Use Bylaw or any
amendment thereof affecting the building or land on which the building is situated becomes
effective; and
(b) that on the date of the Land Use Bylaw or any amendment thereof becomes effective does not, or
when constructed will not, comply with the Land Use Bylaw.
Non-conforming Use - see "Use, non-conforming"
Non-noxious or Non-hazardous Use means a use that is determined not to be detrimental to public
health, safety and welfare because of the emission or discharge of toxic gases, noxious smells, wastes,
noise, dust, smoke, or other detrimental substance.
Noxious or Hazardous Uses means a use or development, usually industrial or commercial in nature,
where the use may be detrimental to public health, safety or welfare beyond the boundaries of the site
or parcel upon which it is situated, often by reason of emissions (i.e., air, water or noise) created as a
result of the use. The use may be incompatible with residential or other development because of toxic
gases, noxious smells, wastes, noise, dust or smoke emissions or other detrimental substance which are
not confined to the site or parcel upon which the use is situated. This use typically includes types of
manufacturing, fabricating, processing, assembly, storage, production or packaging of goods, materials,
or products, such as abattoirs, slaughterhouses and rendering plants, alfalfa processing plants anhydrous
ammonia storage facilities, fertilizer manufacturing plants, gas processing plants, petrochemical industries
or refineries, and metal industries, which are involved in the concentration, refining, smelting, or re-
smelting of ores or metals.
Nuisance means any use, prevailing condition or activity which adversely affects the use or enjoyment of
property or endangers personal health or safety.
O
Occupancy Permit means a permit issued by the municipality or Safety Codes Officer that authorizes the
right to occupy or use a building or structure for its intended use.
Office means development primarily for the provision of professional, managerial or consulting services;
the administrative needs of architects, engineers, businesses, trades, contractors and other organizations;
and service-related businesses such as travel agents and insurance brokers. This excludes government
services, personal services, the servicing and repair of goods, and the manufacturing or handling of a
product and may include the sale of related goods as an accessory use.
Off-street Parking means a lot or portion thereof, excluding a public roadway which is used or intended
to be used as a parking area for motor vehicles.
Land Use Bylaw No. 24-007
Definitions Part 9 | 29
Oilfield Contractor Services means a use of land or buildings for the service of equipment, parts, and
supplies used in the operation, construction or maintenance of oilfield businesses and operations.
Associated activities may include cleaning, repairing and sale of parts and accessories.
Oilfield/Pipe Equipment and Storage means a use of land or buildings for the use, storage, sale and rental
of equipment, parts, pipes and supplies used in the operation, construction or maintenance of oilfield
businesses and operations.
Open Space means land or water areas retained for use as passive or active recreation areas or for
resource protection, visual relief, buffering, flood control, storm water retention, agricultural land
protection, or a similar purpose and normally left in an essentially undeveloped state.
Orientation means the arranging or facing of a building or other structure with respect to the points of
the compass.
Outdoor Storage means the open storage of goods, merchandise, materials or equipment outside a
building on a parcel of land.
Over Speed Control means a device which prevents excessive rotor speed.
Owner means the Crown or the person(s) registered under the Land Titles Act as the owner(s) of the fee
simple estate in the land.
P
Paint Ball Operations means an outdoor commercial recreation premises consisting of woodlands, water
courses, structures, buildings and fields used for paintball activities and do not require modifying the
existing setting.
Parcel - see "Lot"
Parent Parcel means the complete area contained within a certificate of title of the parcel of land that is
proposed to be the subject of a development or subdivision proposal prior to the development or
subdivision of that land occurring.
Park and Playground means land developed for public recreational activities that do not require major
buildings or facilities, and includes picnic areas, playgrounds, benches, open green space, pedestrian and
bicycle paths, outdoor courts, landscaped areas and associated public washrooms and may include
equipment for play purposes usually for children and any associated structures and uses.
Park Model Recreation Vehicle means a transportable unit designed to be transported on its own wheels.
The unit is intended to be moved to other sites infrequently, however, is approved for towing on public
roadways and subject to highway safety standards. These units are occupied on a short-term or seasonal
basis and are generally wider and longer than recreational vehicles. They are not considered full-time
residential living units.
Definitions Part 9 | 30
Land Use Bylaw No. 24-007
Park Model Trailer means a recreational vehicle that is either: (a) built on a single chassis mounted on
wheels designed for infrequent towing by a heavy-duty tow vehicle but is restricted in size and weight so
that it does not require a special highway movement permit and conforms to the CSA-Z-240 standard for
recreational vehicles; or (b) a recreational vehicle intended for temporary residence or seasonal use built
on a single chassis mounted on wheels, which may be removed and returned to the factory, requiring a
special tow vehicle and highway permit to move on the road and conforms to the CSA-Z-241 standard for
recreational vehicles. A park model trailer shall not be used as a permanent dwelling unless certified by
a Safety Codes Officer and approved by the Development Authority.
Parking Facility means an area, space, or structure for the temporary storing of motor vehicles as defined
below:
(a) Parking Area means a portion of land or a building set aside for and capable of providing spaces for
the parking of multiple motor vehicles.
(b) Parking Space means a space set aside for and capable of being used for the parking of one motor
vehicle.
(c) Parking Structure means a building or structure designed for parking motor vehicles in defined tiers
on one or more levels either above or below ground.
Parking Lot means a site or a portion of a site, devoted to the off-street parking of vehicles, including
parking space, aisles, access drives, and landscaped areas, and providing vehicular access to a public
street. When identified as a specific use in a land use district, the use is contemplated as a principal use
of a lot. In all other cases, it is accessory to a principal use.
Parking Stall means that portion of a parking lot that is delineated to accommodate a parked vehicle.
Patio - see "Deck" and "Ground Level Patio"
Permanent Foundation means a foundation installed to provide structural support for a building or
structure for a period of at least 20 years and normally includes a concrete slab on grade, concrete strip
footing, wood or concrete full basement and pile or pier footing.
Permitted Use - see "Use, Permitted"
Personal Service means a development used for the provision of services related to personal care and
appearance or the cleaning and repair of personal effects and may include the retail sale of associated
products. Typical uses include but are not limited to beauty salons, barber shops, health spas, tailors and
dressmakers, dry cleaners, laundromats and shoe repair shops but excludes household equipment repair
establishments and the provision of medical or health services.
Personal Workshop and Storage (Non-Commercial) means a building or use associated with a rural
parcel, acreage or yard, which is to be used, or intended to be used, for the private non-commercial, non-
industrial personal storage or shop use of the property owner. The primary purpose is to provide private
shop or storage space to store personal belongings which typically may include equipment, tools, goods,
antiques, furniture, artisan materials or crafts, private contractor materials, or vehicles of the property
owner with the workshop space allowing for limited small-scale associated hobby work, crafting, repair,
assembly, and personal auto care type uses that are non-commercial in nature.
Land Use Bylaw No. 24-007
Definitions Part 9 | 31
Place of Worship means a building dedicated to the undertaking of religious practices and activities and
includes churches, chapels, temples, parish halls, synagogues, convents, seminaries, monasteries,
rectories, mosques and other similar uses and may include such accessory uses as offices for
administration of the place of worship, a childcare facility and space for social recreational and community
activities.
Plan of Subdivision means a plan of survey prepared by an Alberta Land Surveyor in accordance with the
relevant provisions of the Land Titles Act for the purpose of effecting a subdivision.
Planning Advisor means the person or organization retained by Lethbridge County to provide planning-
related advice and services.
Porch means a roofed, open structure projecting from the exterior wall of a building with walls which are
open or screened to facilitate use as an outdoor living area. A porch shall be included in site coverage
calculations.
Portable Storage Structure - see "Fabric Building"
Post Office - see "Government Service"
Power Generation Facilities means a facility that converts one or more energy sources, including but not
limited to water power, fossil fuels, nuclear power, or solar power for the purposes of producing,
generating, transmitting, delivering, or furnishing electricity for the production of power.
Pre-planned Development means a comprehensively pre-conceived plan for a tract of land typically
involving two or more principal uses or structures on a single parcel, with the plan addressing the
anticipated uses, lot or building envelope sizes, amount of open space, design standards, landscaping,
servicing and any other information required by the Development Authority.
Primary Access means the location and manner of the principal means of access to a building or lot.
Principal Building or Use means the building or use of land or buildings that constitutes the dominant and
primary structure, building or activity on the lot and in which all other uses are subordinate and incidental
to said use.
Private Nursing Home means a private health facility or institutional-type residential building with
multiple accommodation or dwelling units for the care, supervision or rehabilitation of senior-aged
individuals, and containing overnight or long term accommodation.
Private Roadway or Private Road means an area of land that provides access to a parcel and is contained
within common property forming part of a bare land condominium plan or bare land that is used for the
purpose of accommodating a private roadway for access purposes in accordance with an easement
agreement registered on it.
Professional Services means an occupation involving the dispensation of a service or advice that requires
a specific skill or knowledge and/or registration with a professional administrative/regulatory body that
awards a professional designation, for a profit (i.e. lawyers, accountants, engineers, financial planners,
pharmacists, etc.), and which may include the accessory sale of goods.
Definitions Part 9 | 32
Land Use Bylaw No. 24-007
Professionally Planned Report / Study Plan means a study or report that has been professionally
prepared on a computer and signed by a registered/licensed professional in the respective field. This may
include, but is not limited to, drainage plans, grading plans, slope stability study, septic evaluation report,
stormwater management plans. The requirement to be signed and stamped by a professional engineer
for some plans may be waived by the Development Authority if it is deemed appropriate.
Provincial Land Use Policies means policies established by order of the Lieutenant Governor in Council
pursuant to section 622 of the Municipal Government Act.
Public Day Use Area means an area open to the general public for temporary resting and relaxing and
which typically consists of off-street parking areas, refuse containers, benches, picnic tables and public
washrooms. It may also include an area for low impact recreational activities such as walking, hiking,
overlooks and wildlife viewing points, swimming or fishing areas, but does not allow for camping or
overnight stays on the premises.
Public/Institutional means public or quasi-public uses, areas or facilities such as, but not necessarily
limited to: churches, schools, community halls, cemeteries, weigh scales, government agricultural
research stations, public utility facilities and structures, designated federal, provincial or municipal parks,
recreation and camping areas.
Public or Private Utility - see "Utility"
Public Roadway means:
(a) the right-of-way of all or any of the following:
(i)
a local road,
(ii) a service road,
(iii) a street,
(iv) an avenue, or
(v) a lane,
that is or is intended for public use; or
(b) a road, street or highway pursuant to the Public Highways Development Act.
Q
Qualified Professional means a professional educated in their field of practice or study and who can
demonstrate appropriate knowledge, expertise and abilities and one who practices the principle of
professional accountability (architect, landscape architect, land use planner, municipal planner, biologist,
civil engineer, geotechnical engineer, municipal engineer, Alberta Land Surveyor, agrologist, geoscientist,
hydrologist). A qualified professional can be described as an expert with specialized knowledge in field
which one is practicing professionally and practices a high standard of professional ethics, behaviour and
work activities while carrying out one's profession. See "Professional services".
Land Use Bylaw No. 24-007
Definitions Part 9 | 33
Qualified Professional, Wetlands, means a person recognized and registered with the province as a
Qualified Wetland Science Practitioner (QWSP) who is a person with experience and training in the
applicable field. Typically, a qualified professional must have obtained a B.S. or B.A. or equivalent degree
in biology, engineering, environmental studies, fisheries, geology or related field, and a minimum of 2
years of related work experience.
Quarry - see "Resource Extraction and Associated Works"
Queuing Aisle means an area of a lot designed to accommodate vehicles waiting in line at a vehicle-
oriented facility.
Queuing Space means the part of a queuing aisle need to accommodate a single vehicle.
R
Railway and Railway Related Uses means the use of land, buildings or structures for purposes directly
connected with rail transportation and may include such facilities as tracks, sidings, signal devices, shops
and yards for storage and maintenance, loading platforms, and freight terminals.
Real Property Report (RPR) means a legal document that illustrates in detail the location of all relevant,
visible public and private improvements relative to property boundaries and is prepared by an Alberta
Land Surveyor.
Recreation, Minor means a recreation area, use, facility, structure or building that is passive, of low
impact, or is isolated and smaller in scale with typically less potential for off-site impacts to adjacent land
uses, and may include a scenic or natural view spot, public park, playground, sports field, small commercial
recreational operation, historic or archaeological site or any similar facility or use of land or buildings and
may be privately operated or owned and/or administered by any level of government. Typical facilities
would include neighbourhood parks, swimming pools, spray parks, playground structures, tot-lots,
athletics clubs, an indoor or outdoor rink, gymnasium, gymnastic or dance facilities, roller skating rinks,
bowling alleys, designated fishing areas, boat moor/dock areas, sports field training facilities, mini-golf,
paint ball facilities in rural areas, and racquet clubs. The facility could involve a fee for use and may also
include eating and retail areas if suitable for the site and land use district.
Recreational Facilities means buildings or structures associated with accommodating recreational uses
and used exclusively for those recreational pursuits which require physical alteration to the area in which
they are performed, or those facilities used exclusively for the preparation, maintenance, and storage of
equipment used in recreational activities. Play apparatus such as swing sets and slides, sandboxes, poles
for nets, unoccupied boats and trailers, picnic tables, benches, barbecue stands, and similar equipment
or structures, business operations and non-residential shelter facilities for persons engaged in said
activities.
Definitions Part 9 | 34
Land Use Bylaw No. 24-007
Recreational Vehicle (RV) means a vehicle or trailer built on a single chassis and designed to be self-
propelled, mounted on, or towed by another vehicle, and which is not normally more than 2.6 m (8.5 ft.)
in width and 37.16 m² (400 sq. ft.) in area, and conforms to the CSA Z240 standard for RVs. A recreational
vehicle is not designed or intended for use as a permanent dwelling, but as temporary living quarters for
recreational camping, travel, vacation or seasonal use and shall not be used as a permanent dwelling
unless certified by a Safety Codes Officer and approved by the development authority. Examples include
but are not limited to a travel trailer, camping trailer, truck camper, motor home, fifth-wheel trailer, or
van.
Recreation Vehicle (RV) Park means a tract of land for intended for occupancy by RVs for a temporary
period of time (i.e. seasonal) and which may include facilities such as washrooms, showers, sani-dumps,
water stations and recreational amenities.
Recreational Vehicle (RV) Storage means the storage, outdoors or inside a permanent structure, of
recreational vehicles as defined in this Bylaw, and other recreational or off-road vehicles including, but
not limited to, boats, trikes, quads, personal watercraft, snowmobiles and trailers used to transport
recreational vehicles.
Recycling Drop-off means the use of land or buildings for receiving and/or temporary storage of discarded
and recyclable articles, such as paper, plastic, tin, glass and cardboard.
Recycling Facility means a development used for the buying, collection, sorting, temporary storage of and
processing for the preparation of shipment discarded and recyclable articles where most of the storage is
contained within an enclosed building but may include limited outdoor storage.
Recycling Oil Depot means a development or facility used to recycle or where the public may to drop off
used oil, oil filters, antifreeze, and their containers along with Diesel Exhaust Fluid (DEF) containers with
the operation being a Registered Used Oil Processors (recyclers) company that has been audited and
approved by the Alberta Recycling Management Authority (ARMA).
Recycling Soils means a process of soils treatment that consists of excavating a contaminated area and
then transporting and disposing the contaminated soils to a certified treatment site away from ready
pathways for human or sensitive ecosystem contact. The use may also commonly be referred to as
landfarming. The process typically involves the aeration of soils where it is mixed into the soil surface and
periodically turned over (tilled) to aerate the mixture but may also involve bioremediation or
biotreatment
cells
and
which
the
process
commonly
uses
a clay or composite
liner to
intercept leaching contaminants and prevent groundwater pollution.
Regionally Significant Areas means a public park, designated historic or archaeological site,
environmentally sensitive area, forest reserve or any similar facility owned and/or administered by any
level of government which has some significance to a broad geographic area.
Registered 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:
(i)
the purchase of the fee simple estate in the land under an agreement for sale that is the subject
of a caveat registered against the Certificate of Title in the land, and any assigned of the
purchaser's interest that is the subject of a caveat registered against the Certificate of Title; or
Land Use Bylaw No. 24-007
Definitions Part 9 | 35
(ii) in the absence of a person described in paragraph (i), the person registered under the Land Titles
Act as the owner of the fee simple estate in the land.
Reserve Land means environmental reserve, municipal reserve, school reserve or municipal and school
reserve pursuant to the Municipal Government Act.
Residential accommodation in conjunction with an approved commercial/industrial/recreational use
means a residential unit that is physically part of or detached from, a commercial building so that the
dwelling unit is supplementary use to that principal use. Typical uses include residential units on the
second storey above a main floor commercial use or a caretaker dwelling at a manufactured home park,
RV park, campground, or industrial complex requiring a resident on site for security.
Residual Lot means the portion of a lot which is not the primary objective of a subdivision and will be the
remainder area of the original title once a subdivision has occurred. For example, if a 32.4 ha (80 acre)
title was subdivided to provide for a 2.0 ha (5 acre) farmstead, the remaining 30.4 ha (75 acres) would be
considered the residual lot.
Resource Extraction and Associated Works means a use involving on-site extraction of surface or
subsurface mineral products or natural resources and the storage of the same. Typical uses are quarries,
borrow pits, sand and gravel operations, mining, and soil mining.
Rest Stop means a place for vehicles to pull off a public roadway which may or may not include public
restrooms and picnic areas but does not include campgrounds.
Restaurant means an establishment where food is prepared and served on the premises for sale to the
public and may include supplementary alcoholic beverage service and supplementary on-or-off-premises
catering services. This term includes restaurants, cafes, coffee shops, lunch and tea rooms, fast food
establishments, sandwich shops, ice cream parlours, banquet facilities, drive-in or take-out restaurants
and other uses similar in character and nature to any one of these.
Retail Cannabis Store means the use of a store, premises or a building for a commercial retail cannabis
business, licensed by the Province of Alberta, where legal non-medical cannabis and cannabis accessories
are sold to individuals who attend at the premises and the product sales or associated sales are expressly
authorized by the Alberta Gaming and Liquor Commission (AGLC).
Retail, Convenience means a retail store that sells a limited line of groceries and household goods for the
convenience of the neighbourhood and does not exceed 278.7 m² (3,000 sq. ft.) in gross floor area.
Retail, Large (5,000 sq. ft. or more) means a retail store in which the gross floor area of the building meets
or exceeds 5,000 sq. ft.
Retail Sales or Use means a business use or activity involving the selling of goods, wares or merchandise
directly to the consumer and typically may include clothing, food, household items, electronics, furniture,
pharmaceuticals and hardware related goods. This use does not include Retail Cannabis Store which is a
separate use.
Retail, Small (less than 5,000 sq. ft.) means a retail store in which the gross floor area of the building is
less than 5,000 sq. ft.
Definitions Part 9 | 36
Land Use Bylaw No. 24-007
Retail Store means a building where goods, wares, merchandise, substances, articles or things are stored,
offered or kept for sale at retail, and includes storage on or about the store premises of limited quantities
of such goods, wares, merchandise, substances, articles or things, sufficient only to service such a store.
This use does not include Retail Cannabis Store which is a separate use.
Retained Wetlands - see "Wetlands, Retained"
Riding Academies and Arenas means an establishment where horses are boarded and cared for and
where instruction in riding, jumping and showing is offered and the general public may, for a fee, hire
horses for riding.
Riding Arena (personal non-commercial use) means an establishment where horses are boarded and
cared for, for the benefit of the homeowner only. This does not include instructions for riding, jumping,
showing, or boarding horses for the general public.
Rifle, Pistol and Archery Ranges - see "Shooting Range"
Riparian Area means a vegetated buffer strip that provides a wildlife habitat that is located adjacent to
and is strongly influenced by a watercourse.
Rodeo Grounds means an agricultural-recreation oriented facility for the exhibition or competition of an
animal's bloodline, behaviour, quality or other trait and which may also include facilities (arena, chutes,
grandstand, corrals, stables, concession booths, etc.) to carry out such a purpose.
Rotor's Arc means the largest circumferential path traveled by a WECS' blade.
Rowhouse - see "Dwelling, Townhouse/Row"
S
Safety Codes means a code, regulations, standard, or body of rules regulating things such as buildings,
electrical systems, elevating devices, gas systems, plumbing or private sewage disposal systems, pressure
equipment, fire protection systems and equipment, barrier free design and access, in accordance with the
Safety Codes Act, RSA 2000, Chapter S-1, as amended.
Salvage and Wrecking Yard means the use of land or buildings for the receiving, dismantling, resale or
transportation of inoperable motor vehicles, machinery, equipment, parts metals, construction material
or other similar materials. Such uses include, but are not limited to, junkyards, auto wreckers, and salvage
and scrap yards.
Sandblasting Facility means a development or buildings where the major source of activity involves the
large scale sandblasting of agricultural, industrial, automotive or oilfield equipment. Sandblasting
facilities may also include welding and painting facilities on-site.
Satellite Dishes and Radio or Television Antenna means a structure designed specifically to receive
television and radio signals.
School means a place of instruction offering courses of education or study operated with public or private
funds pursuant to the provincial School Act.
Land Use Bylaw No. 24-007
Definitions Part 9 | 37
Screening means a visual barrier consisting of a fence, wall, berm hedge or similar feature used to visually
separate areas or functions.
Secondary Suite means a development consisting of an ancillary dwelling unit located within, and
accessory to, a structure in which the principal use is a single detached dwelling or in conjunction with an
approved detached garage and has cooking facilities, food preparation area, sleeping and sanitary
facilities, which are physically separate from those of the principal dwelling within the structure.
Security Suite means a living area of less than 92.9 m2 (1000 sq. ft.) that may contain office, kitchen,
sleeping and washroom facilities, but is not intended for permanent occupation of multiple residents and
is not a dwelling. The security suite is a secondary use to an approved use, therefore requiring the
industrial or commercial use to be in operation while the suite is located.
Seed Processing Facility means a building or facility used for the storage, cleaning, sorting, bagging and
preparation of seeds, for agricultural purposes.
Seniors Housing means development, including lodges, which is used as a residence for elderly individuals
not requiring constant or intensive medical care and complies with the Alberta Housing Act, as amended
and is sponsored and administered by any public agency or any non-profit organization, either of which
obtains its financial assistance from Federal, Provincial, or Municipal Governments or agencies or public
subscriptions or donation or any combinations thereof. Senior citizen accommodation may include
lounge, dining, health care, and recreation facilities.
Service Station/Gas Bar means the use of land or buildings for the retail sale of motor vehicle accessories,
gasoline or other fuels and the supply of minor repair services for motor vehicles.
Setback means the minimum distance required between property line of a lot and the nearest part of any
building, structure, development, excavation or use on the lot and is measured at a right angle to the lot
line. (see Diagram 9.12)
DIAGRAM 9.12
*Note: On a corner lot, the corner side setback is assigned to the frontage that does not provide the
primary access to the building or development.
Definitions Part 9 | 38
Land Use Bylaw No. 24-007
Shall means, within the context of a policy, that the action is mandatory.
Shipping Container (c-container or sea-container) means any
container that was used for transport of goods by means of rail, truck
or by sea, they may also be referred to as cargo containers, c-
containers or sea-containers. These containers are rectangular in
shape and are generally made of metal. When used for any purpose
other than transporting freight, a shipping container shall be
considered a building and subject to the standards and requirements
of the Land Use Bylaw.
Shooting Club means a non-profit organization whose activities include target practice or target shooting
competitions using firearms at an identified approved shooting range.
Shooting Range means an area, building or structure that is designed or intended for the safe discharge,
on a regular and structured basis, of firearms including but not limited to rifles, shotguns, pistols,
silhouettes, skeet, trap, black powder, or any similar firearm, for the purpose of sport shooting, target
practice or shooting competitions.
Sign means any device (including but not limited to letters, words, numerals, figures, emblems, pictures,
or any part or combination) used for advertising or visual communication intended to attract the attention
of the public and is visible to the public right-of-way or other properties.
Site - see "Lot"
Site Coverage means the percentage of the lot area which is covered by all buildings and structures on
the lot.
Site Coverage, Accessory means the percentage of the lot area which is covered by the combined area of
all accessory buildings and structures and includes uncovered decks.
Site Coverage, Principal means the percentage of the lot area which is covered by the principal building
including any structure attached to the principal building by an open or enclosed roofed structure,
including but not limited to attached garages, verandas, covered balconies, covered decks, and porches.
Site, Density means the average number of families, persons or dwelling units per unit of land.
Site Plan means a plan drawn to scale illustrating the proposed and existing development prepared in
accordance with the requirements of this Bylaw.
Sky Glow Protection Region means a 1.5 kilometre setback radius that is centered on the Oldman River
Observatory located in Popson Park in the City of Lethbridge where special lighting restrictions may apply.
Smart Growth means a collection of land use and development principles (summaries below) that aim to
enhance quality of life, preserve the natural environment, and save money over time. The principles
include:
(1) Using land resources more efficiently (i.e. compact building forms, infill development etc.)
(2) Locating non-residential land uses within walking distance of residential neighbourhoods
(3) Providing a variety of housing choices (i.e. varying size and varying affordability)
Land Use Bylaw No. 24-007
Definitions Part 9 | 39
(4) Supporting transportation and design alternatives to the motor vehicle (i.e. walking, cycling etc.)
(5) Connecting infrastructure and development decisions (i.e. locating density where capacity
exists)
(6) Improving the development review process to encourage developers to apply said principles
Solar Collector means a device or structure that is capable of collecting and distributing solar energy for
the purpose of transforming it into thermal, chemical or electrical energy.
Solar Collection Facility, Commercial means a grouping of devices, panels or structures and the substation
that are capable of collecting and distributing solar energy at one megawatt or greater for the purpose of
transforming it into thermal, chemical or electrical energy for uses located on-site or for distribution
and/or sale offsite. The use includes any associated solar panels, solar modules, supports or racks,
inverters, electrical transformer or substations required for the operation, or associated utility structures.
Solar Collector (Individual) means a smaller-scale solar device, array, or panel that transforms direct solar
energy into electrical or thermal energy and is primarily utilized on-site, on an individual parcel, lot, or
building, for the sole or primary consumption of the landowner, resident or occupant.
Solar Electric Vehicle Charge Stations/Facilities means a type of service station for recharging electric
vehicles (charging station) with the energy used in the recharging process being 100% renewable due to
a photovoltaic energy generation infrastructure and a battery energy storage system; offering the
necessary power to supply ultra-fast recharges to electric vehicles that need it. The solar charging stations
may use their own photovoltaic park or use those that are already operating in the vicinity, connected to
the electricity grid.
Specialty Manufacturing / Cottage Industry means a development that involves the small-scale, on-site
production, fabrication, or processing of goods in a building not exceeding a gross floor area of 929 m2
(10,000 sq. ft.), including areas devoted to retail sales, display, product sampling, and storage. This use
includes, but is not limited to, bakeries and specialty food production facilities, distilleries, micro-
breweries, wineries, various artisan and craftsman (e.g., glass, art, textile, pottery and sculpture studios),
luthiers, tanners, taxidermists, wood working, specialty furniture makers, cabinetry, home furnishing
makers, decorative, and small product assembly.
Sportsfields means a recreational use of land to accommodate passive or active type athletic, sport or
recreational activities such as soccer, football, rugby, field hockey, and baseball and may include minor
associated uses or structures such as benches, bleachers, washrooms, maintenance buildings.
Spur Line means a short railway line normally used for a single industrial development.
Statutory Plan means an Intermunicipal Development Plan, Municipal Development Plan, Area Structure
Plan, or Area Redevelopment Plan adopted pursuant to the Municipal Government Act.
Stockpile means the temporary storage of materials on or off a hard surface including but not limited to
soil, manure, forage or feed crops, or machinery.
Stop Order means an order issued by the development authority pursuant to section 645 of the Municipal
Government Act.
Definitions Part 9 | 40
Land Use Bylaw No. 24-007
Storage Display Area means a limited or defined area on a commercial or industrial lot which provides
examples of equipment, products, vehicles or items sold by the business use and located on the subject
site containing the display area, but not located within any required setback, or located on any required
and approved landscaping area unless approved by the Development Authority.
Storey means that portion of a building included between the top of any floor and the top of the floor
next above, or of the ceiling if there is no floor above it.
Street means a public thoroughfare affording the primary means of access to abutting parcels. It does
not include lanes.
Stripping and Sale of Topsoil means the stripping of topsoil for commercial purposes but does not include
excavation that forms a cavity or hole.
Structure means anything constructed or erected with a fixed location on the ground or attached to
something having a fixed location on the ground. Among other things, structures include buildings, walls,
fences, flagpoles, stairs and signs.
Subdivision means the division of a parcel of land by an instrument. Subdivide has a corresponding
meaning.
Subdivision and Development Appeal Board means the tribunal established, by bylaw, to act as the
municipal appeal body for subdivision and development.
Subdivision and Development Regulation means regulations established by order of the Lieutenant
Governor in Council pursuant to section 694 of the Municipal Government Act.
Subdivision Authority means the municipal body established by bylaw to act as the subdivision authority
in accordance with section 623 of the Municipal Government Act.
Subsidence means a localized downward settling or sinking of a land surface.
Such As means includes but is not limited to.
Surface, Hard means an asphalt or concrete surface or other similar surface approved by the development
authority but excludes rocks, gravel and dirt.
T
Technology Centre/Hub means a facility that promotes the clustering of innovative, similar or associated,
or start-up industries of technology, IT, computer science or telecommunication-based businesses, such
as those involved in the internet, Geomatics, or the information and communications technology sectors,
with the centre focusing on sharing knowledge, skills, digital or fibre optics/electronic infrastructure, and
which may provide low-cost computer access and/or training.
Telecommunication Antenna means a structure and any associated system, including all masts, towers
and other antenna supporting structures that is used for the transmission, emission or reception of
television, radio or telecommunications.
Land Use Bylaw No. 24-007
Definitions Part 9 | 41
Telecommunication Facility means an antenna or tower, typically constructed of metal and used to
convey telecommunications signals and includes any related accessory structures. It may also be a
shortened tower or antennae on top of a structure.
Temporary Development means a use, building and/or structure maintained for a designated time period
(i.e. not meant to be permanent) as specified in a temporary development permit and ceased and
removed after that time.
Total Height (in relation to WECS) means the height from grade to the highest vertical extension of a
WECS. In the case of a WECS with a horizontal axis rotor, total height includes the distance from grade to
the top of the tower, plus the distance from the top of the tower to the highest point of the rotor's arc.
Tourist Accommodation means a building, or part thereof, containing either sleeping or dwelling units,
or a combination of both, where accommodations are provided for transient paying guests, with or
without meals, typically for a period of less than 28 days, which may also contain commercial uses and
additional services such as restaurants, dining rooms, room service, convenience stores or conference
related facilities.
Tourist Home/Short Term Rental means a residential dwelling unit operated as a rental or leased
accommodation unit, occupied by a guest or guests for a period of less than 30 days, where the
homeowner may typically be absent from the premises during the period of the guests stay.
Tower means the structure which supports the rotor above grade.
Townhouse - see "Dwelling, Townhouse/Row"
Truck Stop means a commercial use of land or buildings in which or upon which a business, service or
industry involved in the maintenance, servicing, temporary parking or storage, or report of commercial
vehicles is conducted or rendered including the dispensing or fuel products, the sale of accessories and/or
equipment for trucks and similar commercial vehicles. A truck stop may also include convenience stores,
washrooms and restaurant facilities, and may include showers or overnight accommodation facilities
solely for the use of truck crews.
Truck Transportation Dispatch/Depot means a facility for the purpose of storing and/or dispatching
trucks, buses, fleet vehicles, and transport vehicles and may include towing operations. The use may also
involve the transfer of goods primarily involving the loading and unloading of freight-carrying trucks.
U
Unsubdivided Quarter Section has the same meaning as the Municipal Government Act, Subdivision and
Development Regulation definition and also means a single titled area containing 64.8 ha (160 acres) more
or less, but excluding registered right-of-way plans for public roadways, road widenings, irrigation canals,
utilities, pipelines and previous subdivisions for government, quasi-public (e.g. irrigation districts) uses or
school sites.
Use means the purposes for which land or a building is arranged or intended, or for which either land, a
building or a structure is, or may be, occupied and maintained.
Definitions Part 9 | 42
Land Use Bylaw No. 24-007
Use, Discretionary means those uses as prescribed in Part 3 of this Bylaw for which a development permit
may be issued with or without conditions by the Development Authority at its discretion upon application
having been made to the development authority if the proposed use conforms with this Bylaw.
Use, Non-conforming, in accordance with the Municipal Government Act, 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 of a Land Use Bylaw or any amendment thereof, affecting the land or building, becomes
effective; and
(b) that on the date the Land Use Bylaw or any amendment thereof becomes effective does not, or in
the case of a building under construction will not comply with the Land Use Bylaw.
Use, Permitted means those uses as prescribed in Part 3 of this Bylaw for which a development permit
shall be issued with or without conditions by the Development Authority upon application having been
made to the Development Authority if the proposed use conforms to this Bylaw.
Use, Principal means the main purpose or primary activity for which a site or its buildings are designed,
arranged, developed or intended, or for which it is occupied or maintained.
Use, Similar means a use of land or building(s) for a purpose that is not provided in any district designated
in this Bylaw, but is deemed by the Development Authority to be similar in character and purpose to
another use of land or buildings that is included within the list of uses prescribed for that district.
Utility means any one or more of the following:
(a) systems for the distribution of gas, whether artificial or natural;
(b) waterworks systems (facilities for the storage, transmission, treatment, distribution or supply of
water);
(c) sewage systems (facilities for the collection, treatment, movement of disposal of sanitary sewage);
(d) storm sewage drainage facilities;
(e) telecommunications systems;
(f)
systems for the distribution of artificial light or electric power;
(g) facilities used for the storage of telephone, cable, remote weather stations or internet infrastructure;
and
(h) any other things prescribed by the Lieutenant Governor in Council by regulation;
but does not include those systems or facilities referred to in subclause (a) through (g) that are exempted
by the Lieutenant Governor in Council by regulation.
Within the context of this definition, "Public Utility" means a utility that is owned or operated by some
level of government, and "Private Utility" means the utility is owned or operated by a non-government
entity, private company, publicly traded company or utility agency.
V
Valley Crest means the transition line between the valley bank where grades exceed 15 percent and the
adjacent upland area where grades are less than 15 percent.
Land Use Bylaw No. 24-007
Definitions Part 9 | 43
Variance - see "Waiver"
Vehicle has the same meaning as in the Traffic Safety Act and the regulations thereunder.
Veranda means a generally unenclosed, roofed structure adjoining a principal building or built as a
structural part of it. A veranda shall be included in site coverage calculations.
Vertical Axis Rotor means a wind energy conversion system where the rotor is mounted on an axis
perpendicular to the earth's surface.
Veterinary Clinic, Large Animal means a facility for the medical treatment of primarily large animals (e.g.
typically horse, cows, hogs, etc.) but may treat animals of all sizes and can consist of inside and outside
pens and may include associated office space and the supplementary sale of associated products.
Veterinary Clinic, Small Animal means a facility for the medical treatment of small animals (e.g. typically
domestic household pets such as dogs, cats, rabbits, etc.) and includes the provision for their overnight
accommodation within the building only, and may include associated office space, with no provision for
outside pens or cages. This use may include off-site treatment of animals or livestock of any size and the
supplementary sale of associated products.
W
Waiver means a whole or partial exemption or relaxation of the numerical standard(s) required of a
development as established in the Land Use Bylaw and which has been allowed by the Development
Authority authorized to grant it pursuant to this bylaw. A waiver cannot be granted for use.
Warehousing means the use of a building or portion thereof for the storage and distribution of materials,
products, goods and merchandise but does not include a retail component. This use does not include
Cannabis Production Facility which is a separate use.
Waste Management Facility, Major means a site used primarily for the storage, processing, treatment
and disposal of solid and/or liquid wastes, which may have adverse environmental impact on adjacent
sites by virtue of potential emissions and/or appearance. Typical uses include sanitary landfills, garbage
transfer and compacting stations, incinerators, sewage lagoons, and similar uses.
Waste Management Facility, Minor means a site used for the storage, disposal and filling of clean clay,
waste concrete and paving materials, non-noxious scrap building materials, and similar non-hazardous
wastes which normally do not generate any environmental pollution to the site and surrounding lands.
This includes a dry-waste site.
Water Ski Park means a constructed water structure or facility which consists of a narrow lake, river/canal
diversion or man-made reservoir designed to accommodate outdoor recreational or professional water
skiing or wake boarding use, typically with water diverted from an adjacent water source. The water ski
park lake may include internal islands/buoys constructed in order to enable boats or motorized ski-pulls
to turn around skiers and pull them in the other direction. The facility may be privately or commercially
operated and may include associated docks, marinas, boat houses, picnic tables, benches, public
restrooms, competition viewing areas, parking lots and club house uses on the premises.
Definitions Part 9 | 44
Land Use Bylaw No. 24-007
Water Slide, Water Park means a structure or facility which consists of a type of slide or tube designed
for outdoor warm-weather or indoor recreational use, typically with water pumped to its top and allowed
to flow down its surface, although some may simply be wet. A water slide or water park may be
considered as a type of amusement park that features waterplay areas, such as slides, splash pads, spray
grounds (water playgrounds), lazy rivers, or other recreational bathing environments. The facility may be
privately or commercially operated and may include associated retail or restaurant uses on the premises.
Water Treatment Plants and Reservoirs means any facility used in the collection, treatment, testing,
storage, pumping, or distribution of water for public water system.
Welding/Metal Fabrication means a commercial operation engaged in the fabrication, assembly or
structural repair of machinery, equipment or vehicles by welding. Such a facility may include offices and
a general area for the repair and servicing of machinery, equipment or vehicles and storage of parts and
equipment related to the operations of the business.
Wetland means land saturated with water long enough to promote the formation of water altered soils,
growth of water tolerant vegetation, and various kinds of biological activity that are adapted to the wet
environment.
Wetland Classification means the designation assigned to a wetland pursuant to various
methodologies including the Stewart and Kantrud (1971) Wetland Classification Methodology.
Wetland Function means a process or series of processes that take place within a wetland.
Wetland, Naturally Occurring means a wetland where water has or does accumulate to the water
elevations documented to have occurred under natural conditions.
Wetlands, Retained means wetlands that will not be disturbed during development, which requires
that any development be designed to maintain the pre-development wetland classification as set out
in a municipal approved Wetland Report.
Wetland Value means the importance of a wetland from an ecological and human perspective. It is
assessed based on the relative abundance on the landscape and other key criteria such as
biodiversity, water quality improvement, flood reduction, and human values, such as recreation,
education, and cultural significance.
Wildlife Corridor means an area which provides or is designed to provide connectivity between patches
of wildlife habitat. Wildlife corridors generally do not fulfill the requirements of wildlife habitat patches
except for the physical security provided by vegetative cover or other buffers from development.
Wind Energy Conservation System (WECS) means a system consisting of subcomponents which convert
wind energy to electrical energy and having major components being generator rotors, tower and a
storage system.
Work Camp means a parcel used for the temporary accommodation of construction or resource industry
workers. The site will typically include on-site buildings, trailers or other acceptable means of
accommodation used to house and feed the workers and/or store project construction materials and/or
provide office space for contractors and sub-contractors.
Land Use Bylaw No. 24-007
Definitions Part 9 | 45
Workshop Institutional Use means a secondary or accessory use associated with an institution, which
may include but is not limited to crafts, wood working, pottery, agricultural related products, home
furnishings, artisan crafts, with the primary purpose to provide employment opportunities or
supplemental income to the institution or its clients.
Y
Yard means the area between a lot line and the nearest part of any building, structure, development,
excavation or use on the lot. (see Diagram 9.13)
Corner Side Yard means a yard on a corner lot with street frontage but which is not the frontage
where the main entrance to the building is oriented. (see Diagram 9.13)
Front Yard means a yard extending across the full width of a lot and situated between the front lot
line and the nearest portion of the principal buildings. On a corner lot, it is the yard associated with
the front lot line. (see Diagram 9.13)
Rear Yard means a yard extending across the full width of a lot and situated between the rear lot
lines and the nearest portion of the principal building. (see Diagram 9.13)
Side Yard means a yard extending from the front yard to the rear yard and situated between the side
lot lines and the nearest portion of the principal building. (see Diagram 9.13)
DIAGRAM 9.13
All other words and expressions, not otherwise defined, shall have the same meaning assigned to them
in the Municipal Government Act.
PART 10
LAND USE DISTRICTS MAPS
APPENDIX A
Telecommunication, Radiocommunication and
Broadcast Antenna Systems and Supporting
Structures Siting Protocol
Land Use Bylaw No. 24-007
Telecommunication, Radiocommunication, and Broadcast Antenna Systems
Appendix A | 1
APPENDIX A
TELECOMMUNICATION,
RADIOCOMMUNICATION AND BROADCAST
ANTENNA SYSTEMS (ANTENNA SYSTEMS)
SITING PROTOCOL
1.
PURPOSE
This Appendix serves as the protocol for the installation and modification of telecommunication,
radiocommunication and broadcasting antenna systems (antenna systems) in Lethbridge County.
The protocol establishes the procedural standard for public participation and consultation that
applies to proponents of antennas systems and identifies Lethbridge County's preferred
development and design standards.
2.
APPLICABILITY
The federal Minister of Industry is the approval authority for the development and operation of
antenna systems, pursuant to the Radiocommunication Act. Innovation, Science, and Economic
Development Canada recognizes the importance of considering input from local Land Use Authorities
and the public regarding the installation and modification of antenna systems and encourages Land
Use Authorities to establish a local protocol to manage the process of identifying and conveying
concerns, questions, and preferences to the proponent of an antenna system and Innovation,
Science, and Economic Development Canada.
The local protocol established in this Appendix applies to any proposal to install or modify a
telecommunication, radiocommunication or broadcast antenna system within Lethbridge County
which is not excluded from the consultation requirements established by Innovation, Science, and
Economic Development Canada in Client Procedures Circular CPC-2-03 [or subsequent/amended
publications]. Proponents of excluded antenna systems are nevertheless encouraged to contact
Lethbridge County to discuss the proposal and identify any potential issues or concerns and give
consideration to the development and design standards in Section 5 of this Appendix.
(1) Antenna Systems Siting Protocol Exclusion List:
Innovation, Science, and Economic Development Canada has determined that certain antenna
structures are considered to have minimal impact on the local surroundings and do not require
consultation with the local Land Use Authority or the public. Innovation, Science, and Economic
Development Canada's publication, Radiocommunication and Broadcast Antenna Systems CPC-2-
0-03 lists the types of antenna installations exempted from the requirement to consult with the
local Land Use Authority and the public. The installations listed in CPC-2-0-03 are therefore
Telecommunication, Radiocommunication, and Broadcast Antenna Systems
Land Use Bylaw No. 24-007
Appendix A | 2
excluded from the municipal Land Use Bylaw, Appendix A, Telecommunication,
Radiocommunication and Broadcast Antenna Systems and Supporting Structures Siting Protocol,
which currently include:
(a) New Antenna Systems: where the height is less than 15 metres above ground level. This
exclusion does not apply to antenna systems proposed by telecommunications carriers,
broadcasting undertakings or third party tower owners;
(b) Existing Antenna Systems: where modifications are made, antennas added or the tower
replaced*, including to facilitate sharing, provided that the total cumulative height increase
is no greater than 25% of the height of the initial antenna system installation.** No increase
in height may occur within one year of completion of the initial construction. This exclusion
does not apply to antenna systems using purpose built antenna supporting structures with a
height of less than 15 metres above ground level operated by telecommunications carriers,
broadcasting undertakings or third party tower owners;
(c) Non-Tower Structures: antennas on buildings, water towers, lamp posts, etc. may be excluded
from consultation provided that the height above ground of the non-tower structure,
exclusive of appurtenances, is not increased by more than 25% and
(d) Temporary Antenna Systems: used for special events or emergency operations and must be
removed within three months of the start of the emergency or special event.
No consultation is required prior to performing maintenance on an existing antenna system.
Proponents, who are not certain if their proposed structure is excluded, or whether consultation may
still be prudent, are advised to contact the Lethbridge County or Innovation, Science, and Economic
Development Canada for guidance.
* The exclusion for the replacement of existing antenna systems applies to replacements that
are similar to the original design and location.
** Initial antenna system installation refers to the system as it was first consulted on, or
installed.
[Note: Height is measured from the lowest ground level at the base, including the foundation, to
the tallest point of the antenna system. Depending on the particular installation, the tallest
point may be an antenna, lightning rod, aviation obstruction lighting or some other
appurtenance. Any attempt to artificially reduce the height (addition of soil, aggregate, etc.)
will not be included in the calculation or measurement of the height of the antenna system.]
3.
MUNICIPAL REVIEW AND ISSUANCE OF CONCURRENCE OR NON-CONCURRENCE
(a) The Lethbridge County Development Authority shall be responsible for reviewing and issuing
municipal concurrence or non-concurrence for all antenna system proposals within Lethbridge
County which are not excluded under Section 2 of this Appendix.
(b) Concurrence with a proposal will be measured against the requirements of the applicable land
use district within which the antenna system is proposed, the development and design
standards in Section 5 of this Appendix, applicable policies of the Lethbridge County Municipal
Development Plan, and consideration of comments received during the public consultation
Land Use Bylaw No. 24-007
Telecommunication, Radiocommunication, and Broadcast Antenna Systems
Appendix A | 3
process (section 7 of this Appendix) and any other matter deemed relevant by the Development
Authority:
i.
when a proposal is given a concurrence decision, the proponent will receive a letter of
concurrence from the Development Authority documenting its decision and any conditions;
ii.
when a proposal is given a non-concurrence decision, the proponent will receive a letter of
non-concurrence from the Development Authority describing the reasons for the decision.
(c) Municipal concurrence does not constitute approval of uses, buildings and structures which
require issuance of a development permit under the Land Use Bylaw. A proposal which includes
uses, buildings or structures in addition to the antenna system, is required to obtain
development permit approval for such uses, buildings and structures in accordance with the
provisions of the Land Use Bylaw.
4.
MUNICIPAL REVIEW PROCESSING PERIOD
(a) Except as provided in subsection 4(b), the Development Authority will issue a decision of either
concurrence or non-concurrence within 40 days of receiving a complete application package.
(b) The 40-day processing time period may be extended by the proponent or Lethbridge County,
through mutual consent.
5.
DEVELOPMENT AND DESIGN STANDARDS
Lethbridge County requests that the following antenna systems development and design standards
be adhered to:
(a) Co-utilization
Co-utilization of existing antenna systems is the preferred option within Lethbridge County and
is encouraged whenever feasible. Lethbridge County recognizes that while this is the preferred
option, co-utilization of existing antenna systems is not always possible.
(b) Public Roadway Setbacks
Rural:
i.
In order to facilitate future widening/service road dedication and reduce potential snow
drifting/sight restrictions, an antenna system (excluding any guy wires or similar support
mechanisms) should be placed no closer than 38.1 metres (125 ft.) from the centre line of
a rural road. A lesser setback may be considered at the discretion of the Development
Authority on a site-specific basis.
Hamlet:
ii.
An antenna system (including any guy wires or similar support mechanisms) proposed
within a hamlet should be placed no closer than 7.62 metres (25 ft.) from the property line
abutting the public road. A lesser setback may be considered at the discretion of the
Development on a site-specific basis.
(c) Locational Criteria
i.
Antenna systems should maintain an adequate setback from coulees and steep slopes,
consistent with the setback requirements in Part 3, section 39.
Telecommunication, Radiocommunication, and Broadcast Antenna Systems
Land Use Bylaw No. 24-007
Appendix A | 4
ii.
Proponents should consult the Lethbridge County Municipal Development Plan, to
determine whether the proposed location of the antenna system is within an
environmentally significant area. If the proposed site of the antenna systems is located
within an identified environmentally significant area, the proponent should submit
documentation to the Development Authority demonstrating site suitability.
(d) Lighting and Signage
i.
Aerial crop spraying is a regular occurrence in Lethbridge County and vital to the Municipal
Development Plan goal of supporting agricultural pursuits. While aerial crop sprayers are
encouraged to undertake comprehensive site reconnaissance, it is the preference of
Lethbridge County that all antenna systems be lighted and marked as follows to help
minimize aeronautical hazard:
a.
the antenna should be marked with alternating bands of aviation orange and
white paint or other approved Transport Canada colour combinations;
b.
the top of the antenna should be lit with a flashing strobe light or other Transport
Canada approved lighting;
c.
the antenna guy wires (or other similar support cables, lines, wires) should be
marked with aviation balls or other Transport Canada approved markers.
ii.
Proponents for antenna structures which are visible from higher density residential areas
may be requested to employ innovative design measures to mitigate the visual impact of
these structures. The proponent shall provide stealth structure options when requested
by the Municipality. Stealth structure options will be based on an evaluation of the
massing, form, colour, material, and other decorative elements, that will blend the
appearance of the facility into and with the surrounding lands.
iii. The placement of signage on antenna systems is not permitted, except where required by
applicable federal agencies.
6.
APPLICATION SUBMITTAL REQUIREMENTS
(a) Proponents are encouraged to contact Lethbridge County in advance of making their submission
to obtain information about the County's Antenna Systems Siting Protocol and identify any
preliminary issues or concerns.
(b) The following application package shall be submitted to Lethbridge County for consideration of
a proposed antenna system:
i.
a completed Telecommunication Antenna Siting Protocol application, including site plan;
ii.
the prescribed fee - see Appendix C;
iii. a description of the type and height of the proposed antenna system and any guy wires or
other similar support mechanisms (e.g. support cables, lines, wires, bracing);
iv. the proposed lighting and aeronautical identification markings for the antenna and any
supporting structures;
v.
documentation regarding potential co-utilization of existing towers within 800 metres (0.5
miles) of the subject proposal; and
vi. any other additional information or material the Development Authority determines to be
necessary and appropriate to properly evaluate the proposed submission.
Land Use Bylaw No. 24-007
Telecommunication, Radiocommunication, and Broadcast Antenna Systems
Appendix A | 5
(c) Proposals for freestanding telecommunication antennas shall not be required to obtain a
development permit unless buildings or structures are also proposed in addition to the antenna
system and supporting structures. For such proposals, the following shall be submitted in
addition to the requirements of 6(b):
i.
a completed development permit application;
ii.
the prescribed fee - see Appendix C.
7.
NOTIFICATION AND PUBLIC CONSULTATION PROCESS
(a) Upon receipt of an application package, the Development Authority shall review the application
for completeness and, if deemed complete, will:
i.
schedule a date for a public development hearing to be held by the Development Authority,
at which the proposal will be reviewed and comment received regarding the proposal;
ii.
notify the proponent and/or representative of the antenna system of the development
hearing date;
iii. post a notice of the development hearing in a newspaper in accordance with Section
32(1)(b) of the Land Use Bylaw; and
iv. notify by mail persons likely to be affected by the proposal of the development hearing
date, including:
a.
landowners within 1.61 km (1 mile) of the proposed antenna system;
b.
any review agencies deemed affected, as determined by the Development
Authority;
c.
any other persons deemed affected, as determined by the Development
Authority.
d.
The notifications must be sent 19 days prior to the public meeting date.
(b) The proponent or a representative should attend the development hearing and be prepared to
explain all aspects of the proposal including the siting, technology, and appearance of the
proposed antenna system.
Lethbridge County
#100, 905 - 4th Ave S
Lethbridge, AB T1J 4E4
403-328-5525
TELECOMMUNICATION SITING PROTOCOL
APPLICATION & CHECKLIST
Land Use Bylaw No. 24-007
Page 1 of 4
For Office
Use Only:
Date application
received:
Date deemed
complete:
Land Use District
(zoning):
Development permit application
also required:
Yes No
Application No:
PART 1 - APPLICANT INFORMATION
Name of Applicant
(please print):
Phone (primary):
Mailing Address:
Phone (alternate):
Fax:
Email:
Postal Code:
Check this box if you would like to
receive documents through email.
As applicant, are you the owner of the property?
Yes
No
Name of Owner:
Phone (primary):
Phone (alternate):
Mailing Address:
Applicant's interest in the property:
Agent
Antenna proponent/developer
Contractor
Tenant
Other _____________________________
Postal Code:
PART 2 - PROPERTY INFORMATION
Municipal Address:
Legal Description:
All/Part ________ ¼ Section ________ Twp ________ Range ________ W4M
Lot(s)
Block
Plan
Parcel size/area:
What is the existing use
on the parcel?
IF "NO" please complete box below
Lethbridge County
#100, 905 - 4th Ave S
Lethbridge, AB T1J 4E4
403-328-5525
TELECOMMUNICATION SITING PROTOCOL
APPLICATION & CHECKLIST
Land Use Bylaw No. 24-007
Page 2 of 4
PART 3 - DETAILS OF THE PROPOSED DEVELOPMENT
What currently exists on the parcel? (i.e. buildings, structures, improvements) _______________________________________
______________________________________________________________________________________________________
What will the antenna / tower be used for? __________________________________________________________________
______________________________________________________________________________________________________
Are there any roads or approaches on the parcel? (THIS DOES NOT INCLUDE OIL/GAS FACILITY ACCESSES) _____________
______________________________________________________________________________________________________
Are there any other antenna towers located within 800 metres of the subject proposal? (If yes, describe what the tower is used
for and who the operator is along with providing a map identifying the location.) ____________________________________
______________________________________________________________________________________________________
Is Co-utilization with existing antenna systems proposed? _______________________________________________________
______________________________________________________________________________________________________
Describe the proposed finish/color and if lighting or any markings are proposed for the antenna. _______________________
______________________________________________________________________________________________________
TOWER SIZE
Overall tower height ___________________ m ft
Commencement Date: _______________________________
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts. I
also consent to an authorized person designated by the municipality to enter upon the subject land and buildings for the purpose
of an inspection during the processing of this application.
APPLICANT
REGISTERED OWNER (if not the same as applicant)
Please note that all information that you provide will be treated as public information in the course of the municipality's consideration of the
development application pursuant to the MGA RSA 2000 Chapter M-26 and the Land Use Bylaw. By providing this information, you are deemed
to consent to its public release. Information you provide will only be used for purposes related to the evaluation and consideration of the
development application. Questions about information can be directed to the FOIP Coordinator, #100, 905 - 4 Ave S, Lethbridge, AB T1J 4E4,
403-328-5525.
I, hereby consent to the public release and disclosure of all information contained within the application and supporting
documentation as part of the approval process.
Applicant's Signature:
Date Signed:
Lethbridge County
#100, 905 - 4th Ave S
Lethbridge, AB T1J 4E4
403-328-5525
TELECOMMUNICATION SITING PROTOCOL
APPLICATION & CHECKLIST
Land Use Bylaw No. 24-007
Page 3 of 4
TELECOMMUNICATION SITING PROTOCOL CHECKLIST
A COMPLETED APPLICATION REQUIRES:
1.
A completed Telecommunication Siting Protocol application filled out, with the site plan attached.
2.
A completed checklist.
3.
Non-refundable application fee.
4.
Signature of ALL landowners.
5.
Any additional information requested by the Development Authority.
6.
For any proposal which includes uses, buildings or structures in addition to the antenna system, is required to obtain
a development permit approval for such uses, buildings and structures in accordance with the provisions of the land
use bylaw. A separate development permit application must be filled out and submitted.
CHECKLIST INFORMATION:
- Failure to complete the Application or supply the required information, plans or fees may cause delays in application
processing.
- The Development Authority may refuse to accept your application if the required information has not been supplied or
if the quality of the information is inadequate to properly evaluate the application.
- Once the information has been reviewed and any required public hearing held, Lethbridge County will either:
o Issue a municipal concurrence letter to the applicant, or
o Issue a letter of non-concurrence which outlines the municipality's concerns and/or conditions to the
applicant and Industry Canada
- Safety code permits may be required for construction of buildings/tower foundations, plumbing, private sewage
systems, and gas or electrical installations (as may be applicable to individual installations).
FEES
Application fees will be determined by the Lethbridge County Development Authority at the time of application.
Lethbridge County
#100, 905 - 4th Ave S
Lethbridge, AB T1J 4E4
403-328-5525
TELECOMMUNICATION SITING PROTOCOL
APPLICATION & CHECKLIST
Land Use Bylaw No. 24-007
Page 4 of 4
Telecommunication Siting Protocol CHECKLIST
Please attach a description of the project summarizing the information required in the following table.
REQUIREMENT
YES OR NO
SUBMITTED?
YES, NO OR N/A
CO-UTILIZATION (CO-LOCATION) - RURAL
Are there any other such structures within a radius of 0.5 miles (800 m) of the
proposed location?
If YES, please provide a site plan showing the locations of these and
provide documentary evidence that co-utilization of the existing structure(s)
is not a viable alternative to a second structure.
CO-UTILIZATION (CO-LOCATION) - HAMLET, GROUPED COUNTRY
RESIDENTIAL OR RESORT RESIDENTIAL
Are there any other such structures within a radius of 1 mile (1.61 Km) of the
proposed location?
If YES, please provide a site plan showing the locations of these and
provide documentary evidence that co-utilization of the existing
structure(s) is not a viable alternative to a second structure.
STEALTH STRUCTURE OPTIONS/SCREENING
Will this structure be visible from residential areas?
If YES, stealth structure options may be required, and a description of the
stealth structure options must be submitted to the satisfaction of the
County when requested.
LIGHTING & SIGNAGE
Is there additional lighting planned in addition to what is required by federal
agencies? Please provide a description of all lighting, required and not required.
Will signage be used? If yes, please describe. (Note: No advertising signage
shall be permitted.)
Will the antenna contain any markings? If yes, please describe.
NOTIFICATION & PUBLIC CONSULTATION PROCESS
All landowners within 1 mile (1.61 Km) from the proposed structure must be
notified. Please provide a letter that the County can circulate on your behalf.
Was an open house completed (by the applicant) prior to any application
submitted? Are the minutes/submissions from the open house provided?
Payment of fees.