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BYLAW 2016-03
BYLAW #400-17
June 2018
The Village of
LONGVIEW
Land Use Bylaw
Page i
CONTENTS
Guide to Using the Land Use Bylaw
vi
PART 1 -administration
1
1 | TITLE
1
2 | REPEAL OF BYLAW
1
3 | PURPOSE
1
4 | INTERPRETATION
1
5 | UNITS OF MEASUREMENT
39
6 | APPLICATION
39
7 | DATE OF RECEIPT
39
8 | COMPLIANCE WITH OTHER LEGISLATION
39
9 | NON-APPLICABILITY OF BYLAW
39
10 | SEVERABILITY PROVISION
39
11 | ATTACHED FIGURES
39
PART 2 -AGENCIES
40
1 | DEVELOPMENT AUTHORITY
40
2 | DEVELOPMENT OFFICER
40
3 | SUBDIVISION AUTHORITY
40
4 | SUBDIVISION OFFICER
40
5 | COUNCIL
41
6 | SUBDIVISION AND DEVELOPMENT APPEAL BOARD
41
7 | DEVELOPMENT OFFICERS DUTIES AND RESPONSIBILITIES
41
8 | SUBDIVISION OFFICERS DUTIES AND RESPONSIBILITIES
42
9 | SUBDIVISION APPROVAL AUTHORITIES RESPONSIBILITIES
43
10 | SUBDIVISION AND DEVELOPMENT APPEAL BOARDS
43
11 | FORMS, NOTICES, AND FEES
43
PART 3 - DEVELOPMENT PERMITS, RULES, and PROCEDURES
44
1 | CONTROL OF DEVELOPMENT
44
2 | DEVELOPMENT PERMITS REQUIRED
44
3 | DEVELOPMENT PERMITS NOT REQUIRED
44
4 | NON-CONFORMING BUILDINGS AND USES
46
5 | TYPES OF DEVELOPMENT PERMITS
47
6 | APPLICATION REQUIREMENTS
47
7 | PERMISSION FOR DEMOLITION
51
8 | RELOCATION OF BUILDINGS
52
9 | REFERRAL OF APPLICATIONS
53
10 | ISSUANCE OF PERMITS
53
Page ii
CONTENTS
11 | VARIANCE PROVISIONS
55
12 | NOTICE OF DECISION
55
13 | NOTICE OF COMPLETE OR INCOMPLETE APPLICATION
57
14 | EXPIRY, OR CANCELLATION OF A DEVELOPMENT PERMIT
57
PART 4 - Subdivision
59
1 | APPLICATION REQUIREMENTS
59
2 | ISSUANCE OF DECISION
60
PART 5 - CONDITIONS OF APPROVAL
62
1 | SUBDIVISION AND DEVELOPMENT
62
PART 6 - appeals
64
1 | APPEAL PROCEDURE
64
2 | APPEAL HEARING
65
3 | APPEAL DECISION
65
PART 7 - Compliance with other Bylaws and Regulations
67
1 | COMPLIANCE
67
PART 8 - Right of Entry
68
1 | MUNICIPAL GOVERNMENT ACT
68
PART 9 - Bylaw Contravention
69
1 | CONTRAVENTION
69
2 | VIOLATION TICKETS
69
PART 10 - Land Use Bylaw Amendments
71
1 | INITIATION
71
2 | PROCEDURE
71
3 | PUBLIC HEARING
73
Page iii
CONTENTS
PART 11 - General Regulations
74
1 | AMENITY AREAS
74
2 | CONTROLLED APPEARANCE
74
3 | CORNER SITE RESTRICTION
75
4 | CORNER LOTS AND DOUBLE FRONTING LOTS
75
5 | COVERAGE OF SITE
76
6 | DECKS
76
7 | DEMOLITION OF BUILDINGS
76
8 | DEVELOPMENT OF A PROJECT
76
9 | DRAINAGE
77
10 | ENVIRONMENTAL SCREENING
77
11 | EMERGENCY ACCESS TO BUILDINGS
77
12 | FENCING
77
13 | HAZARDOUS MATERIALS
78
14 | HEIGHT OF BUILDINGS
78
15 | HIGHWAY 22
79
16 | LAND NEAR WATER AND ESCARPMENTS OR SUBJECT TO FLOODING OR SUBSIDENCE
79
17 | LANDSCAPING
79
18 | NON-CONFORMING BUILDINGS AND USES
79
19 | NOISE
80
20 | NUISANCE
80
21 | OBJECTS PROHIBITED OR RESTRICTED IN A RESIDENTIAL DISTRICT
81
22 | ON-SITE AND OFF-SITE SERVICES AND IMPROVEMENTS
81
23 | PARKING & LOADING
81
24 | PROJECTION INTO YARDS
85
25 | RESIDENTIAL BUILDINGS OF THE SAME SITE
86
26 | SCREENING, OUTSIDE STORAGE AREAS, AND GARBAGE STORAGE
86
27 | SETBACKS
87
28 | SITE CIRCULATION
87
29 | SITE DIMENSIONS
87
30 | SITE GRADING AND DRAINAGE
87
31 | USE OF SITE
88
32 | UTILITIES
88
PART 12 -SPECIAL REGULATIONS
89
1 | ACCESSORY BUILDINGS AND TENTED STRUCTURES IN DISTRICTS OTHER THAN RESIDENTIAL
DISTRICTS
89
2 | ACCESSORY BUILDINGS AND TENTED STRUCTURES IN RESIDENTIAL DISTRICTS
89
3 | ACCESSORY USE REGULATIONS
90
4 | ANIMAL CARE AND RELATED USES
91
5 | ANIMAL HOSPITAL
91
6 | ANIMAL/BIRD REGULATIONS
92
Page iv
CONTENTS
7 | BED AND BREAKFAST ACCOMMODATION
92
8 | CANNABIS RELATED USES
93
9 | CAR WASHING ESTABLISHMENTS
94
10 | CONVERSION OF SINGLE DETACHED DWELLINGS TO OTHER USES
94
11 | DAY USE AND PICNIC AREAS
95
12 | GROUP HOMES, DAY HOMES AND CHILD CARE FACILITIES
95
13 | HOME OCCUPATIONS
96
14 | MANUFACTURED HOME PARKS
97
15 | MANUFACTURED HOMES
98
16 | MOTELS AND HOTELS
99
17 | NEIGHBOURHOOD COMMERCIAL DEVELOPMENTS
99
18 | PLACES OF WORSHIP
100
19 | PRIVATE SWIMMING POOLS AND HOT TUBS
100
20 | RECREATIONAL VEHICLES
101
21 | RECREATIONAL VEHICLE CAMPGROUNDS
101
22 | SEA CANS
103
23 | SHOPPING CENTRES
103
24 | SHOW HOMES
104
25 | SIDEWALK CAFES
104
26 | SIGN CONTROL
109
27 | SMALL ANIMAL BREEDING AND BOARDING ESTABLISHMENTS AND KENNELS
110
28 | SMALL RADIO COMMUNICATIONS TOWERS
111
29 | SOLAR ENERGY COLLECTION SYSTEM
112
30 | SUITES
112
31 | SURVEILLANCE SUITES
114
32 | WIND ENERGY CONVERSION SYSTEMS, LARGE
115
33 | WIND ENERGY CONVERSION SYSTEMS, MICRO
116
34 | WIND ENERGY CONVERSION SYSTEMS, SMALL
117
PART 13- Land Use Districts
119
1 | ESTABLISHMENT OF DISTRICTS
119
2 | DISTRICTS
119
3 | LAND USE DISTRICT MAP
119
RESIDENTIAL - SINGLE DETACHED ESTATE LOT DISTRICT (R-E) LAND USE DISTRICT
120
RESIDENTIAL - RESTRICTED SINGLE DETACHED DISTRICT (RR-1) LAND USE DISTRICT
122
RESIDENTIAL - SINGLE DETACHED DISTRICT (R-1) LAND USE DISTRICT
124
RESIDENTIAL - MULTI-FAMILY DISTRICT (R-MF) LAND USE DISTRICT
126
RESIDENTIAL - MANUFACTURED HOME PARK DISTRICT (R-MHP) LAND USE DISTRICT
129
CENTRAL BUSINESS DISTRICT (CB) LAND USE DISTRICT
133
CENTRAL BUSINESS RESTRICTED (CBR) LAND USE DISTRICT
137
HIGHWAY-COMMERCIAL DISTRICT (C-HWY) LAND USE DISTRICT
139
GENERAL INDUSTRIAL DISTRICT (G-1) LAND USE DISTRICT
142
PUBLIC-QUASI PUBLIC DISTRICT (P) LAND USE DISTRICT
144
Page v
CONTENTS
URBAN RESERVE DISTRICT (UR) LAND USE DISTRICT
145
PART 14 - Existing Controls
147
1 | REPEAL
147
2 | DATE OF COMMENCEMENT
147
PART 15 - Land Use District Map
148
PART 16 - CANNABIS MAP
149
Appendix - A
150
DEVELOPMENT PERMIT APPLICATION
150
SUBDIVISION APPLICATION
150
STOP WORK ORDER
150
NOTICE OF APPEAL TO THE VILLAGE OF STANDARD SUBDIVISION AND DEVELOPMENT APPEAL BOARD 150
NOTICE OF APPEAL TO THE LAND & PROPERTY RIGHTS TRIBUNAL
150
CIRCULATION TRANSMITTAL
150
AMENDMENTS
150
Page vi
GUIDE
Guide to Using the Land Use Bylaw
The Land Use Bylaw establishes the regulations on how land can be developed (that is, how land can be
used and buildings can be either constructed or moved in) in the Village of Longview. Regulations vary
depending on the location and types of development. Other Bylaws or regulations of the Municipal District
of Foothills, Province or Federal Government must also be followed.
There are several parts of the Land Use Bylaw that need to be examined to understand how it works. Firstly,
the Land Use Bylaw maps divide the Village into various Land Use Districts. Secondly, the text of the Land
Use Bylaw details the uses that are allowed in each District. Thirdly, the text provides additional regulations
that apply to certain uses and/or within certain Districts. The following steps may assist the user:
Locate the subject property on the Land Use District maps. These maps divide the Village into various Land
Use Districts. Each Land Use District has a designation such as R-1 for RESIDENTIAL SINGLE DETACHED or
CB for CENTRAL BUSINESS. Take note of which Land Use District the subject property is located in. Also
note if the subject property is affected by an Area Structure Plan which may modify some of the uses and
regulations of the Land Use Bylaw or impose additional regulations. PLEASE NOTE: Land Use Districts are
often referred to as Zones or Zoning. In order to conform to the language of the Municipal Government
Act, this document uses the terms District and Districting.
Check the table of contents and locate the Land Use District you are interested in. Each Land Use District is
listed starting in PART 13. In each Land Use District you will find a list of permitted and discretionary uses,
subdivision regulations, development regulations and other miscellaneous regulations. This determines
how and what can be developed in any given Land Use District. There are definitions in PART 1 that should
also be consulted to ensure that words and terms used in the Land Use Bylaw are understood.
Review the table of contents to see if there are any general regulations that apply to the situation or use in
question. For example, PART 8 describes Right of Entry procedures. PART 11 contains general regulations
about fencing, and PART 12 contains regulations about Recreational Vehicles, just to name a few.
Discuss your proposal/concern with Village Administration. Administration is able to assist you with your
development/subdivision or general inquiry issues and to explain procedures. Administration can also assist
with other situations such as enforcement or a Land Use Bylaw amendment.
NOTE: THIS PAGE IS INTENDED ONLY TO ASSIST USERS AND DOES NOT FORM PART OF THIS BYLAW.
Page 1
PART 1
PART 1 -administration
1 | Title
1) This Bylaw shall be referred to as the VILLAGE OF LONGVIEW LAND USE BYLAW.
2 | REPEAL OF BYLAW
1) Bylaw No. 184 and all amendments thereto are hereby repealed and shall cease to have effect on
the day this Bylaw is adopted.
3 | Purpose
1) The purpose of this Bylaw, is to regulate and control the use and development of land and buildings
within the municipality to achieve the orderly and economic development of land, and for that
purpose among other things:
a. to divide the municipality into districts;
b. to prescribe and regulate for each district the purposes for which land and buildings may
be used;
c. to establish a method of making decisions on applications for development permits
including the issuing of development permits;
d. to provide the manner in which notice of the issuance of a development permit is to be
given; and
e. to establish the number of dwelling units permitted on a parcel of land.
4 | Interpretation
In this Bylaw:
1)
Abut or Abutting means immediately contiguous to or physically touching, and when used with
respect to a lot or site, means that the lot or site physically touches upon another lot, site, or piece
of land, and shares a property line or boundary line with it.
2)
Accessory Building means a building which is not attached to, or part of, a main building but which
is incidental and subordinate to a main building and located on the same site. A tented structure
is not considered an accessory building.
3)
Accessory Use means a use of a building or site which is incidental to and subordinate to the
principal use of the site on which it is located.
4)
Act means the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26.
Page 2
PART 1
5)
Adjacent Land means land that is
contiguous to a particular parcel
of land and includes:
a.
land that would be
contiguous if not for a
highway, road, river or
stream, and
b.
any other land identified
in this Bylaw as adjacent
for
the
purpose
of
satisfying PART 3 of this
Bylaw.
6)
Adult Entertainment means an
establishment which provides
live
entertainment
for
its
patrons, which includes the
display of nudity.
7)
Adult use means any of the
following:
Adult
Bookstore,
Adult Motion Picture Theatre, Adult Paraphernalia Store, Adult Video Store, and Live Nudity
Establishment or any other business or establishment characterized by an emphasis depicting,
describing or related to sexual conduct or excitement. For the purposes of this definition an adult
use is any use or combination of uses which either have greater than twenty-five percent (25%) of
the subject establishment's inventory stock; or twenty-five percent (25%) of the subject premise's
gross floor area, or 18.6 m2 (200 ft.2), whichever is greater devoted to materials for sale or rent
distinguished by or characterized by their emphasis depicting, describing, or relating to sexual
conduct or sexual excitement.
8)
Agricultural industry means an industrial activity involving the processing, cleaning, packing or
storage of agricultural products. Agricultural industry includes, but is not restricted to, seed
cleaning and/or processing plants, and grain elevators, but does not include the manufacture of
processed foods from agricultural products or abattoirs.
9)
Agricultural operation means an agricultural operation as defined in the Agricultural Operation
Practices Act, R.S.A. 2000, as amended.
10)
Agriculture, extensive means the use of land or buildings, including the first dwelling or
manufactured home, for an agricultural operation which requires large tracts of land (usually in the
order of 32.4 ha (80.0 ac. or more), but not including intensive agriculture or confined feeding
operations.
11)
Agriculture, intensive means an agricultural operation which raises crops on a land-intensive basis.
Intensive agriculture includes greenhouses, silviculture and sod farms, but does not include
confined feeding operations.
12)
Alcohol retail sales means an establishment or that part of an establishment possessing a Class D
liquor license which is used for the retail sales of any and all types of alcoholic beverages to the
FIGURE 1: ADJACENT LAND
Page 3
PART 1
public for consumption off premises. This use may include as well as the sale of alcohol the retail
sales of related products such as soft drinks and snack foods.
13)
Amenity area means an area which shall be provided subject to the regulations of this bylaw and
which must be developed for the active or passive recreation and enjoyment of the occupants of
a residential development. Such area may be for either private or communal use and may be under
either individual or common ownership. Amenity areas may include: landscaped areas, patios,
balconies, communal lounges, swimming pools, play areas and similar uses but does not include
any area occupied at grade by a building's service areas, parking lots, aisles or access driveways.
14)
Amenity area, communal means an amenity area which shall be provided in accordance with the
regulations in this Bylaw but which must be developed for the active or passive recreation and
enjoyment of all occupants of a building. Such area must be for communal use and accessible by
all occupants of a building it is intended to serve. Amenity areas may include: landscaped areas,
patios, balconies, communal lounges, swimming pools, play areas and similar uses but does not
include any area occupied at grade by a building's service areas, parking lots, aisles or access
driveways.
15)
Amenity area, private outdoor means an amenity area which shall be provided in accordance with
the regulations in this Bylaw but which must be developed for the active or passive recreation and
enjoyment of the residents of a specific dwelling unit and which is immediately adjacent to and
directly accessible from the dwelling unit it is intended to serve. Amenity areas may include:
landscaped areas, patios, balconies, communal lounges, swimming pools, play areas and similar
uses but does not include any area occupied at grade by a building's service areas, parking lots,
aisles or access driveways.
16)
Amusement establishment, indoor means a development providing recreational facilities inside an
enclosed building with table games and/or electronic games played by patrons for entertainment.
Indoor amusement establishments include billiard parlours and electronic games arcades with
tables and/or games and bowling alleys.
17)
Amusement establishment, outdoor means a development providing recreational facilities
outdoors played by patrons for entertainment. Outdoor amusement establishments include
amusement parks, go-cart tracks, and miniature golf courses. However, outdoor amusement
establishments do not include drive-in motion picture theatres, carnivals or circuses.
18)
Animal hospital means a development where livestock as well as domestic pets are cared for and
treated. Animal hospitals primarily involve out-patient care, but may include medical procedures
involving hospitalisation for more than four (4) days. All animals shall be kept within an enclosed
building. Animal hospitals are distinct from veterinary clinics (which serve only domestic pets) and
do not include small animal breeding and boarding establishments.
19)
Animal services facility means a development for the purpose of the treatment of animals and
includes retail sales of associated products. This may include such uses as veterinary clinics and
large animal veterinary clinics, impounding and quarantining facilities, but does not include the sale
of animals.
20)
Approving Authority means the Village of Longview's Development Officer and/or Administration.
21)
Area of a Sign means the total surface area within the outer edge of a sign, and, in the case of a
sign comprised of individual letters, numerals, or symbols, shall be the area of a rectangle enclosing
Page 4
PART 1
the letters, numerals, or symbols. Frames and structural members not bearing advertising matter
shall not be included in the computation of the area of a sign.
22)
Art, Craft, and Photography studios mean a development used for the purpose of small scale on-
site production of goods by simple processes or hand manufacturing, primarily involving the use of
hand tools. Typical uses include pottery, ceramic and sculpture studios, custom jewellery
manufacturing and artist and photography studios.
23)
Arterial road means a road used primarily for through traffic.
24)
Attached Housing means a building designed and built to contain three or more dwelling units
separated from each other by a fire wall with each unit having separate entrances from grade level.
For purposes of this Bylaw, Garden, Linked, Row and Townhouse units which meet these criteria
are considered to be attached houses.
25)
Automotive and equipment repair shop, heavy means a development where automobiles,
motorcycles, snowmobiles and similar vehicles are serviced or mechanically repaired and where
related accessories and parts are sold and/or installed. Heavy Automotive and equipment repair
shops include transmission shops, muffler shops, tire shops, automotive glass shops, and
upholstery shops, (but not body repair or paint shops) which provide services to vehicles and
equipment with a gross vehicle weight rating equal to or greater than 4000.0 kg (8,818.5 lbs.), or a
length equal to or greater than 6.7 m (22.0 ft.).
26)
Automotive and equipment repair shop, light means a development where automobiles,
motorcycles, snowmobiles and similar vehicles are serviced or mechanically repaired and where
related accessories and parts are sold and/or installed. Light Automotive and equipment repair
shops include transmission shops, muffler shops, tire shops, automotive glass shops, and
upholstery shops, (but not body repair or paint shops) which provide services to vehicles and
equipment with a gross vehicle weight rating less than 4000.0 kg (8,818.5 lbs.), or a length less than
6.7 m (22.0 ft.).
27)
Automotive and recreational vehicles sales/rental establishment, heavy means a development
where new or used automobiles, light trucks, motorcycles, snowmobiles, tent trailers, boats, travel
trailers, or similar light recreational vehicles or craft are sold or rented together with incidental
maintenance services and sale of parts. Heavy automotive and recreational vehicle sales/rental
establishments include automobile dealerships, car rental agencies and motorcycle dealerships,
and dealerships for the sale of trucks with a gross vehicle weight rating equal to or greater than
4000.0 kg (8,818.5 lbs.). This use also includes the sale of recreational vehicles with either a gross
vehicle weight rating equal to or greater than 6000.0 kg (13,227.7 lbs.) or a length equal to or
greater than 6.7 m (22.0 ft.).
28)
Automotive and recreational vehicles sales/rental establishment, light means a development
where new or used automobiles, light trucks, motorcycles, snowmobiles, tent trailers, boats, travel
trailers, or similar light recreational vehicles or craft are sold or rented, together with incidental
maintenance services and sale of parts. Light automotive and minor recreational vehicle
sales/rental establishments include automobile dealerships, car rental agencies and motorcycle
dealerships, and includes dealerships for the sale of trucks with a gross vehicle weight rating less
than 4000.0 kg (8818.5 lbs.). This use also includes the sale of recreational vehicles with either a
gross vehicle weight rating less than 6000.0 kg (13,227.7 lbs.) or a length less than 6.7 m (22.0 ft.).
29)
Awning means a cloth like of lightweight shelter projecting from a building.
Page 5
PART 1
30)
Balcony means an elevated platform projecting from a wall and having an outer railing or parapet
and being greater than 0.61m (2 ft.) in width. Access shall be from the building only, and there shall
be no supports or stairway to the ground.
31)
Basement means that portion of a building or structure which is wholly or partially below grade
and having not more than one half of its height from finished floor to finished ceiling above finished
grade.
32)
Bay means a self-contained unit of part of a building or the whole building which can be sold or
leased for individual occupancy.
33)
Bed and Breakfast Accommodation means a development within a dwelling which possesses a
dwelling unit, where temporary sleeping accommodations, up to a maximum of four (4) bedrooms,
with or without meals, are provided for remuneration to members of the public.
34)
Board means a board of trustees of a district or division; Bylaw 416-18
35)
Boarding and lodging house means a development, with or without a dwelling unit, where
temporary sleeping accommodations of three (3) or more bedrooms, with or without meals, are
provided for remuneration to members of the public. Boarding and lodging houses may include
student co-operative housing, and lodges for senior citizens, but not group homes.
36)
Body shop or paint shop means a commercial business where the body of vehicles is maintained,
painted or repaired on site.
37)
Buffer means a row of trees or shrubs, an earth berm or fencing to provide visual screening, noise
abatement and separation between sites, districts, and non-compatible uses.
38)
Building means anything constructed or placed on, in, over, or under land, but does not include a
highway or road or a bridge forming part of a highway or road.
39)
Building or Bay Area means the greatest horizontal area of a building above grade within the
glassline of exterior walls, or within the glassline of exterior walls and the centreline of fire walls.
40)
Building Height means the vertical distance measured from the grade immediately adjacent to the
subject building to the highest point of the building, exclusive of any accessory roof construction
such as a mechanical housing, an elevator housing, a ventilating fan, a skylight, a smokestack, a
flagpole, a fire wall, a parapet wall, a chimney, a steeple, an antenna, or a similar device.
41)
Building Permit means a certificate or document issued by a Building Inspector pursuant to the
Building Permit Bylaw authorizing commencement of construction.
FIGURE 2: BUILDING HEIGHT
Page 6
PART 1
42)
Building Supply Centre means a commercial retail establishment where building materials,
household accessories, and other related goods are stored, offered, or kept for sale and may
include outside storage.
43)
Building, Temporary means a building constructed or placed without any foundation below grade
or any other structure determined by the Development Officer or the Municipal Planning
Commission to be temporary as a condition to the issuance of a Development Permit.
44)
Bulk Fuel Storage and Distribution Facilities means a development for the purpose of storing
natural gas and petroleum products for distribution to customers.
45)
Business frontage means:
a.
any side of a lot or building which abuts a road, or
b.
in the case of individual business or tenants within a building, any business which has
separate access to a road.
46)
Business support services establishment means a development providing support services to
businesses. Business support services establishments are characterized by one or more of the
following features: the use of minor mechanical equipment for printing, duplicating, binding or
photographic processing; the provision of office maintenance or custodial services; the provision
of office security; or the sale, rental, repair or servicing of office equipment, furniture and
machines. Business support services establishments include printing establishments, film
processing establishments, janitorial firms, and office equipment sales and repair establishments.
47)
Campground means the development of land which has been planned and improved for the short
term use of holiday trailers, motor homes, tents, campers, and similar recreational vehicles, and is
not used as year round storage or accommodation for residential use. Typical uses include tourist
trailer parks, campsites, and tenting grounds.
48)
Cannabis means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis plant
seeds and any other substance defined in the Cannabis Act (Canada) and its regulations and any
amendments and includes edible products that contain cannabis.
Bylaw 416-18
49)
Cannabis accessory" means a thing that is commonly used in the consumption or production of
cannabis. A cannabis accessory includes, but is not limited to, rolling papers, or wraps, holders,
pipes, water pipes, bongs vaporizers that is represented to be used in the consumption of cannabis.
Bylaw 416-18
50)
Cannabis counselling" means a service where counselling on cannabis is provided by persons who
are not medical professionals.
Bylaw 416-18
51)
Cannabis consumption establishment" means a use where the primary purpose is the sale of
cannabis to the public, for consumption within the premise that is authorized by provincial or
federal legislation. This use does not include cannabis production and distribution facilities or retail
cannabis stores.
Bylaw 416-18
52) Cannabis production and distribution facility" means a development where any of the following
activities occur, excepting personal use exemptions as defined in the Act to Control and Regulate
Cannabis and its regulations, and any amendments or substitutions thereof:
a) the processing of cannabis;
Page 7
PART 1
b) the making, testing, manufacturing, assembling, or in any way altering the chemical or
physical properties of semi-finished or finished goods and products related to cannabis;
c) the storage, warehousing, and/or transportation of cannabis; and
d) the distribution and wholesale of materials, goods and products to retail cannabis stores.
This use does not include a retail cannabis store or a cannabis consumption establishment.
Bylaw 416-18
53)
Canopy means an overhanging projection, shelter or shade covering extending from the outside
wall of a building normally for the purpose of shielding a part of the building from the sun or
demarcating the entrance of a building.
54)
Car and Truck Washing Establishment means a building or a facility for washing vehicles on a
commercial basis.
55)
Carport means a structure designed and used for the shelter or storage of not more than two
private motor vehicles, and consisting of a roof supported on posts or columns and not enclosed
on more than two sides whether separated from or attached to the principal building on a site.
56)
Carriageway means that portion of the road right-of-way available for vehicular movement.
Included are the traveling lanes, medians, parking and other auxiliary lanes. Not included are the
shoulders, sidewalks and other associated pedestrian areas.
57)
Cemetery means a development for the entombment of the deceased, which may include the
following accessory developments: crematorium, columbarium, and mausoleums. Cemeteries
may include memorial parks, burial grounds, chapels, and gardens of remembrance.
58)
Certificate of Compliance means the endorsement by the Development officer on a survey
document indicating that the development on any given parcel of land is in compliance with this
Bylaw;
59)
Chattel means a movable item of personal property.
60)
Child Care Facilities means the use of a building or portion thereof for the provision of care,
maintenance, instruction or supervision of seven or more children under the age of 13 years, by
persons other than one related by blood or marriage, for periods not exceeding 24 consecutive
hours and includes all day-care centers, early childhood services, nurseries and after-school or
baby-sitting programs which meet this definition. A license is required under the Child Care
Licensing Act to operate a child care program.
Bylaw 416-18
61)
Church see Religious Institution.
62)
Clinic means a public or private medical, surgical, dental, physiotherapeutic or other health
establishment regularly staffed by practicing physicians, dentists, veterinarians or other qualified
medical practitioners. Hospitals are not included in this category.
63)
Collector road means a road used primarily for collecting traffic from local roads and channelling it
to arterial roads.
64)
Commercial Floor Area means the gross floor area defined by the outside dimensions of the
building for each floor.
65)
Commercial communications (CC) facility means a facility that provides communication service
using RF technology to transmit and receive voice, picture, text and data, in either digital or
analogue form, on a system of elevating support structures. These structures include monopoles,
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PART 1
lattice towers (self-supported or guyed) or other configurations as well as, although not limited to,
shelters, transmitters, receivers, antennas, antenna mounts, transmission lines, waveguides,
transmission line supporting equipment and material, aeronautical obstruction lights, antenna de-
icing equipment, antenna power dividers and matching equipment, combiners and utility power
equipment, conditioners and backup power systems.
66)
Commercial storage means a self-contained building or group of buildings containing lockers
available for rent for the storage of personal goods or a facility used exclusively to store bulk goods
of a non-hazardous nature. This use does not include outdoor storage.
67)
Commercial uses means both general commercial uses and highway commercial uses.
68)
Communications tower, small radio means a development that is intended for transmitting or
receiving radio communications signals from devices such as ham radios, fleet dispatch systems,
or private communications systems. Typical small radio communications towers are short, usually
no more than 3 m (9.8 ft.) taller than the adjacent buildings.
69)
Community Buildings and Facilities means buildings and facilities which are available for the use
and enjoyment of the inhabitants of the municipality and surrounding rural area for the purposes
of assembly, culture, and recreational activities, Also included are buildings, installations and
facilities owned or operated by or for the Municipality, the Provincial Government, the Federal
Government, or a corporation under federal or provincial statute, for the purpose of furnishing
services or commodities to or for the use of the inhabitants of the municipality and surrounding
rural area, Churches are not included in this category.
70)
Condominium means housing units administered under the Condominium Property Act, R.S.A.
2000, as amended, which allows for the division of a parcel into units and common elements, and
the provision of an administrative framework through a condominium corporation which enables
owners to manage the property.
71)
Condominium, bareland means housing units administered under the Condominium Property Act,
R.S.A. 2000, as amended which allows for the division of a parcel of land into lots and common
property, and where "joint control" is applied to a parcel of land (as distinct from a building) in
which there are a number of individually owned parcels of land (lots) with the joint control being
applied to the entire parcel of land owned by those owning a "lot". Condominium title is conferred
upon those owning individual lots with the Condominium Association being responsible for the
common property.
72)
Confined feeding operation means a confined feeding operation as defined in the Agricultural
Operation Practices Act, R.S.A. 2000, as amended.
73)
Construct means to build, rebuild, or relocate and without limiting the generality of the word, also
includes:
a.
any preliminary operation such as excavation, filling or draining;
b.
altering an existing building or structure by addition, enlargement, extension. or other
structural change; and
c.
any work which requires a Building Permit from the Village of Longview.
74)
Corner means the intersection of two property lines of a site.
75)
Corner Site means a lot at the intersection of two or more streets.
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PART 1
76)
Corner Visibility Triangle means a
triangular area formed on the
corner site by the two street
property lines and a straight line
which intersects them 7.5 m (25 ft.)
from the corner where they meet.
77)
Council means the Council of the
Village of Longview.
78)
Coverage
of
Site
means
the
combined area of all buildings or
structures on a site, including
accessory buildings or structures,
measured at 0.61 m (2 ft.) above
grade including open or covered
porches or overhang as, covered
terraces, and all other spaces within
a building, excluding steps, eaves, cornices, and similar projections, and unenclosed inner and
outer courts which are less than 0.61 m (2 ft.) above grade.
Where any building or structure projects beyond the coverage of the building or structure
measured at 0.61 m (2 ft.) above grade the coverage shall then include such projection.
79)
Cultural Establishments mean developments which are available to the public for the purpose of
assembly, instruction, cultural or community activity and include such things as a library, a
museum, an art gallery, and so forth. Churches are not included in this category.
80)
Date of Issue means the date a development permit, subdivision application or an order is dated
and signed by the designated officer in the course of their duties.
81)
Deck means any open structure attached to a building having a height greater than 0.6 m (2.0 ft.)
above grade, and thereby requiring stairs and railings as outlined in regulations approved under
the Safety Codes Act, R.S.A. 2000, as amended. A deck shall not have walls higher than 1.25 m (4.1
ft.) and/or a roof. If the structure has a roof, it shall be considered to be part of the principal
building and not a deck.
82)
Deck, enclosed means a structure intended for seasonal use that is attached to a building having a
height greater than 0.6 m (2.0 ft.) above grade that has walls higher than 1.25 m (4.1 ft.). An
enclosed deck shall not have a roof. If the structure has a roof, it shall be considered to be part of
the principal building and not a deck.
83)
Density means the number of dwelling units on a site expressed in units per acre or hectare. Density
may be further defined by:
a.
dwelling units per gross acre (hectare) means the maximum number of dwelling units
permitted for each acre (hectare) of land and includes all lands within the site: it does not
include environmental reserve lands as defined in the Act;
b.
dwelling units per net acre (hectares) means the number of dwelling units allowed for each
acre (hectare) of land, and it does not include those lands within the site required for public
roads, public utility lots, environmental reserve, and municipal and school reserve.
FIGURE 3: CORNER SITE DEFINITION
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PART 1
84)
Development means:
a.
an excavation or stockpile and the creation of either of them, or
b.
a building or an addition to or replacement or repair of a building and the construction or
placing of any of them in, on, over or under land, or
c.
a change of use of land or a building or an act done in relation to land or a building that
results in or is likely to result in a change in the use of the land or building, or
d.
a change in the intensity of use of land or a building or an act done in relation to land or a
building that results in or is likely to result in a change in the intensity of use of the land or
building;
and includes:
e.
any increase in the number of households occupying and living in any building or on any
site, and any construction or alterations or additions which would provide for an increase
in the number of households which could occupy and live in any building or on any site,
including any increase in the number of dwelling units in a building or on a site, or
f.
the placing of refuse or waste material on any land, or
g.
the use of land for the storage or repair of motor vehicles or other machinery or
equipment, or
h.
the continued use of land or of a building for any purpose for which it is being used
unlawfully when this Bylaw comes into effect, or
i.
the demolition or removal of a building, or
j.
the placement of an already constructed or a partially constructed building on a parcel of
land, or
k.
the use of land for the parking of trailers, bunk houses, portable dwellings, skid shacks, or
any other type of portable building whatsoever, whether or not the same has been placed
or affixed to the land in any way, or
l.
the removal of topsoil.
85)
Designated Officer(s) means those persons designated by bylaw under the Act and for purposes of
this Bylaw, are the Development Officer, Subdivision Officer, Chief Administrative Officer and Bylaw
Enforcement Officer of the Village of Longview.
86)
Developed Site means, in the case of:
a.
residential districts or parcel, the parcel has a habitable dwelling constructed on it;
b.
industrial, commercial and recreational districts or parcel. The lot has a principal building
constructed on the parcel or the parcel is occupied by its prime use as specified in the
development permit issued for the parcel.
c.
agricultural parcel, the parcel is used for extensive or intensive agricultural purposes or the
parcel is occupied by its prime use as specified in the development permit issued for the
parcel.
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PART 1
87)
Development Authority means the Development Authority of the Village of Longview established
pursuant to the Act.
88)
Development Completion Certificate means a certificate issued by the Development Authority to
certify that all conditions have been met and the development has been completed as per
approved plans and to the satisfaction of the Development Authority. The certificate is a pre-
requisite to refunding of a performance deposit, discharge of agreements or letter of credit or
bonds.
89)
Development means the Development Officer established and appointed pursuant to the Act
through the municipality's Development Authority Bylaw.
90)
Development Permit means a document issued by a Development Officer pursuant to this Bylaw,
authorizing a development and includes the plans and conditions of approval.
91)
Discontinued means the time at which, in the opinion of the Development Authority, substantial
construction activity or use, whether conforming or not conforming to this Bylaw, has ceased.
92)
Direct control district means a district in the Land Use Bylaw which details guidelines established
by Council which control the use and development of lands pursuant to the Municipal Government
Act. Direct control districts are generally used if there are specific features of a site or a project that
would require unique rules and regulations.
93)
Discretionary Use means a use of land or of a building which is listed in the columns captioned
Discretionary Uses in the lists of Permitted and Discretionary uses appearing in this Bylaw and for
which, subject to the provisions of this Bylaw a Development Permit may be issued.
94)
District means Land Use District as per this Land Use Bylaw.
95)
Domestic pet see Pet, domestic.
96)
Double fronting lot see Lot, double fronting.
97)
Drinking Establishment means a development possessing a Class A Minors Prohibited liquor license,
where the sale and consumption of liquor on site occurs and where liquor is the primary source of
business.
98)
Drive-in business means an establishment which services customers traveling in motor vehicles
driven onto the site where such business is carried on, where normally the customer either remains
in the vehicle for service or parks their vehicle for a short period for the purpose of doing business
at the premises, and includes service stations. Drive-in businesses include service stations, gas bars,
drive-in restaurants, and drive-through vehicle service establishments such as lubrication shops,
recycling depots, and car washes.
99)
Drive-in Restaurant means an eating and drinking establishment which is designed as a drive-in
business. Drive-in restaurants may have one or more of the following features: car attendant
services, drive through food pickup services, or parking primarily intended to allow for the on-site
consumption of food within a motor vehicle.
100) Driveway means a vehicle access route between the carriageway of a public road, and a
development on a site.
101) Dry Cleaning Establishment means a building where dry cleaning, dry dyeing, cleaning or pressing
of articles or clothing is carried on, and
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PART 1
a.
in which only non-flammable solvents are or can be used which emit no odours or fumes;
and
b.
in which no noise or vibration causes a nuisance or inconvenience within or without the
premises.
102) Duplex means a dwelling containing two (2) dwelling units which are joined side by side or one
above the other by a common wall with each dwelling unit having a separate exterior entrance. A
duplex may be on one (1) lot or may be split along the common wall onto two (2) lots.
103) Dwelling Group means two or more buildings each containing two or more dwelling units, located
on a site or a number of adjoining sites where all buildings, recreation areas, vehicular areas,
landscaping, and all other features have been planned
as an integrated development.
104) Dwelling, Apartment means a single building comprised
of three or more dwelling units with shared entrance
facilities, where none of the dwelling units are rented or
are available for rent or occupation for periods of less
than 30 days.
105) Dwelling, Row Housing means a building consisting of at
least three dwelling units with each unit having direct
access to the outside grade, but shall not mean
apartment.
106) Dwelling - Semi Detached means a building designed
and built to contain two side by side dwelling units, of
which the common wall is separated by a fire rated party
wall extending from the foundation to the roof and a
length of not less than 6 metres (20 ft.). With attached
garages, the common wall between the living space and
the individual unit's garage space must be no less than
50 % of the common wall.
107) Dwelling, Single Detached means a building which
contains only one dwelling unit, and except as otherwise
allowed in this Bylaw, is used for no other purpose. This
category does not include a manufactured or mobile
home.
108) Dwelling Unit means a self-contained portion of a
dwelling, or a set or suite of rooms, which contains
sleeping, cooking, living and separated or shared toilet
facilities, intended for domestic use, and used or
intended to be used permanently or semi-permanently
as a residence for one (1) household, and which, except
for a secondary suite, is not separated from direct
access to the outside by another separate dwelling unit.
109) Easement means a right to use land, generally for access to other property or as a right-of-way for
a public utility.
FIGURE 6: dwelling - SEMI DETACHED
FIGURE 7: dwelling - SINGLE DETACHED
FIGURE 5: Dwelling - ROW HOUSING
FIGURE 4: dwelling - APARTMENT
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PART 1
110) Eating and drinking establishment means a development, which is not a drive-in restaurant, where
food and/or beverages are prepared and offered for sale to the public for consumption within the
premises, at an accessory outdoor seating area on the site, or off the site. Eating and drinking
establishments include neighbourhood pubs, licensed restaurants, cafes, delicatessens, tea rooms,
lunch rooms, refreshment stands and take-out restaurants, but shall not include drive-in
restaurants. Eating and drinking establishments shall not contain within them an entertainment
establishment unless otherwise provided for in an approved development permit.
111) Eaveline means the line formed by the intersection of the wall and roof of a building.
112) Entertainment and Cultural Establishment means use of a building or a part thereof for the
provision of entertainment in the form of live performances or motion pictures; or for the display
of cultural, scientific or artistic exhibits and for such meetings and administration ancillary to these
uses. An eating and drinking establishment may contain within it an entertainment establishment,
but only if specifically provided for in an approved development permit. An adult entertainment
establishment is not considered an entertainment establishment for the purposes of this Bylaw.
113) Environmental Impact Assessment (EIA) means a statement prepared in accordance with the
Alberta Environmental Protection legislation on the effect of development proposals and other
major actions which significantly affect the environment.
114) Equipment rental establishment means a development where tools, appliances, recreation craft,
office machines, furniture, light construction equipment, or similar items are rented and/or
serviced. Equipment rental establishments do not include developments where motor vehicles or
industrial equipment are rented and/or serviced.
115) Environmental Site Assessment means a report prepared by qualified professional engineering
environmental consultant on the existing conditions of a lot or site with known or suspected site
contamination from previous land uses in the vicinity of or on the site.
116) Essential Utilities mean any utility which is necessary for the health, safety, or welfare of the
municipality and its residents, and may include:
a.
Telephone or internet system,
b.
electrical system
c.
waterworks system,
d.
transportation systems,
e.
irrigation system,
f.
systems for the distribution of gas, whether natural or artificial,
g.
heating systems,
h.
sewage system, and
i.
any other commodity or service supplied by a public utility.
117) Established grade means the average of the highest (A) and lowest (B) elevation of finished surface
of the ground where it meets the exterior main walls of a building or the average elevation of the
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PART 1
finished grade of the ground
immediately
surrounding
a
structure, exclusive in both case
of any artificial embankment or
entrenchment.
118) Excavation means any breaking
of ground, except common
household gardening, ground
care and agricultural pursuit.
119) Exotic pet see pet, exotic.
120) Existing means existing as of the
date of adoption of this Bylaw.
121) Extended medical treatment facility means a development which provides room, board and
surgical or other medical treatment for the sick, injured, or infirm, and which may include out-
patient services and accessory staff residences. Extended medical treatment facilities include
hospitals, sanatoriums, nursing homes, convalescent homes, isolation facilities, psychiatric
hospitals, auxiliary hospitals, and detoxification centres.
122) Exterior wall means the outermost point of a building projection, including, but not limited to, bay
windows, oval windows, bow windows, chimneys and verandas, but not including roof overhangs
less than 0.6 m (2.0 ft.).
123) Family care facility means a facility which provides resident care service in a private residence to
six or fewer individuals who are not related to the resident household. These individuals may be
handicapped, aged, disabled, or in need of adult supervision and are provided services and
supervision in accordance with their individual needs. Family care facilities include foster or
boarding homes for children, but do not include group homes.
124) Farmstead means the dwelling and other improvements used in connection with extensive or
intensive agriculture or a confined feeding operation, situated on a parcel of land used in
connection with such farming operation. A farmstead's dwelling may be a single detached
dwelling, a manufactured home a ready-to-move home, or a duplex. In exceptional circumstances,
at the discretion of the Subdivision Authority, a farmstead may be the former site of a dwelling.
125) Fence means a vertical physical barrier constructed to provide visual screening or to prevent
unauthorized access. This does not include the development of artificial embankments such as
retaining walls or landscaping features such as hedges.
126) Financial Institution means a bank, trust company, credit union, or similar establishment.
127) Fire Separation means a construction assembly that acts as a barrier against the spread of fire, and
may be required to have a fire resistance rating.
128) Fire Wall means a type of fire separation of non-combustible construction which subdivides a
building or separates adjoining buildings to resist the spread of fire and which has a fire resistance
rating.
129) Floor Area means the greatest horizontal area of a building above grade within the outside surface
of exterior walls or within the glass line of exterior walls and the centre line of fire walls but not
Figure 8: Established grade
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PART 1
including the floor areas of basements, attached garages, sheds, open porches, or breeze ways,
except that all dwelling units in an apartment shall be included in the calculation of floor area.
130) Foundation, permanent means the lower portion of a building constructed of concrete, masonry,
or pressure treated wood, and is designed separately from the building to include the footings or
piles which transfer the weight of and loads from a building to the ground. The connections are
integrated with the building structure, and are designed to prevent the building from being
separated from the foundation.
131) Foundation, temporary means the lower portion of a building constructed of concrete, masonry or
pressure treated wood, and is designed separately from the building and will serve to support the
building for a short period of time. The connections are not integrated with the building structure
and are designed to allow the building to be separated from the foundation.
132) Fourplex means a separate building containing only four (4) dwelling units which are divided
vertically and horizontally into four parts, with each unit having direct access to the ground floor.
133) Fragmented parcel means a parcel of land that is separated from the balance of the parcel of land
by a natural barrier such as a river, a permanent naturally-occurring water body, a railroad, or a
road, but not an undeveloped road on a Road Plan, or a barrier to the crossing of cultivation
equipment created by substantial topography, such as a ravine, gulley or small, possibly
intermittent, watercourse. The determination that such a topographic barrier is a fragmenting
feature for the purpose of subdivision shall be at the discretion of the Subdivision Authority.
134) Frontage means, where used with reference to residential development, the lineal distance
measured along the front lot line; and where used with reference to non-residential development,
the length of the property line of any side of a separate business development which is parallel to,
and abuts, a public roadway, not including a lane, which is directly accessible from the
development.
135) Front yard see yard, front.
136) Funeral Home means a development where the dead are prepared for burial or cremation and
where funeral services may be held. Funeral services include funeral homes and undertaking
establishments.
137) Garage, Private means an accessory building designed and used for storage of private motor
vehicles, but does not include a carport.
138) Garage, Public means a building or portion thereof in which motor vehicles are stored, repaired,
washed, or serviced.
139) Gas Bars means a development where gasoline, lubricating oils, and other automotive fluids and
automobile accessories are bought and sold. Gas bars do not include facilities for the servicing or
repairing of motor vehicles and do not include service stations and includes car washes.
140) General advertising means advertising which relates to goods or services other than those
produced, offered for sale, or obtainable at the site on which the sign is displayed.
141) General commercial use means a development through which products or services are available to
consumers but does not include the manufacturing of products, secondary commercial uses, or
highway commercial uses.
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142) General contractor service means a development used for the provision of building construction,
landscaping, concrete, electrical, excavation, drilling, heating, plumbing, paving, road construction,
sewer or similar services of a construction nature, which may require on-site storage space for
materials, construction equipment or vehicles normally associated with the contractor service. Any
sales, display, office or technical support service areas shall be accessory to the principal use only.
143) General retail establishment means a development where groceries, beverages, household goods,
furniture, appliances, home improvement supplies, hardware, printed matter, confectionary,
tobacco, pharmaceutical, personal care items, automotive parts and accessories, electronic
equipment, recordings, office equipment, stationary, second hand goods, and similar goods are
bought, rented, and/or sold from within a building. Minor public services, such as postal services
and film processing depots may also be provided. General retail establishments include
convenience retail stores but does not include warehouse sales establishments, or developments
where gasoline, new or used motor vehicles, alcohol, heavy agricultural and/or industrial
equipment are sold or rented.
144) Glass line means the line created
within the wall of a building
measured from the centre of the
windowpane glass.
145) Government services means a
development where municipal,
provincial, or federal government
services are provided directly to
the public. Government services
do not include protective and
emergency services, major and
minor utility services, and public
education facilities. Government
services may include government
administration
offices,
courthouses, postal distribution
offices,
manpower
and
employment offices and social
services offices.
146) Gradient means the relationship of the vertical distance of the slope to its horizontal distance.
147) Grade plan means a drawing or specification prepared by a professional engineer or a member of
a similar professional discipline which specifies elevations for building floors and foundations,
streets, lanes, walks and the finished ground level of the site.
148) Greenhouse, Commercial, Garden Centre means a development where bedding, household and
ornamental plants are raised, stored and sold, together with incidental accessories such as garden
equipment, and fertilizers and garden care products. The use does not include a "Cannabis
production and distribution facility or a retail cannabis store".
Bylaw 416-18
149) Greenhouse, Private means an accessory building designed and used for growing plants for
domestic use only.
FIGURE 9: GLASS LINE DEFINITION
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PART 1
150) Gross Floor Area means the total area of the first floor of a building above grade within the outside
surface of exterior walls or within the glassline of exterior walls and the centreline of fire walls,
including covered porches and verandas, but excluding open decks, patios, steps, cornices, eaves
and similar projections. Ground floor area shall include air wells, and all other space within a
building except inner or outer courts.
151) Gross leasable area means the total floor area of the building contained within the outside surface
of the exterior and basement walls and includes enclosed and heated malls but excludes
mechanical and utility rooms, public washrooms, stairwells, and elevators.
152) Ground Cover means vegetation, other than grass, commonly used for landscaping purposes and
includes herbaceous perennials and flowers.
153) Group care facility means a facility which provides resident services to seven (7) or more individuals
of whom one or more are unrelated. These individuals may be aged, disabled, or are undergoing
rehabilitation, and are provided services to meet their needs. This use includes supervised facilities
such as group homes (all ages), half-way houses, resident schools, resident facilities and foster or
boarding homes, and psychiatric care facilities. These facilities are not intended to include major
institutional care facilities such as hospitals.
154) Group home means a building or portion of a building used for the care or rehabilitation of children,
adolescents or adults which is not predominantly related to age or a physical disability or the care
or rehabilitation of the aged or the physically disabled. Group homes include halfway houses,
addiction rehabilitation centres, care which is an alternative to legal incarceration, or treatment
for mental illness or mental instability.
155) Guest ranches means a development of a private owner-occupied ranch house which includes
sleeping facilities, which are rented on a daily basis to registered guests and meals are prepared in
a residential kitchen.
156) Habitable Floor Area means any finished floor area intended primarily for human occupancy and
meets the Alberta Safety Codes Act and the regulations thereunder and for the avoidance of doubt
includes: kitchen, bathroom, hallways, stairways and closets but does not include porches.
157) Half storey means that part of any dwelling, wholly or partly within the framing of the roof, where
the habitable floor area is not more than seventy percent (70%) of that of the ground floor.
158) Hard surfaced means a surface covered and compacted with asphalt, gravel, stone, concrete, or a
similar material.
159) Health service means a development where physical or mental health services are provided on an
out-patient basis. Such services may be of a preventative, diagnostic, treatment, therapeutic,
rehabilitative, or counselling nature. Health services include medical, chiropractic, massage,
acupuncture, holistic services and dental offices, health clinics and counselling services. Health
services do not include adult uses.
160) Hedge means a fence or boundary formed by closely growing bushes or shrubs.
161) Height see Building Height.
162) Highway means a highway or proposed highway that is designated as a highway pursuant to the
Public Highways Development Act, R.S.A. 2000, as amended.
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PART 1
163) Home occupation means a commercial use within a residential building which is incidental and
subordinate to the principal residential use of the building and meets the special requirements of
this Bylaw. This use does not include automotive related uses, cannabis consumption
establishments, cannabis production and distribution facilities, kennels, or retail cannabis stores
See Home occupation major and Home occupation minor.
Bylaw 416-18
164) Home occupation, major means a business, occupation, trade, profession, or craft carried on by an
occupant of a dwelling unit as a use secondary to the residential use of the dwelling, and which
does not change the character of the building in which it is located or have any exterior evidence
of such secondary use other than a small sign as provided for in PART 12.12 of this Bylaw. A major
home occupation may have up to one (1) employee, other than those resident in the dwelling unit
working on site at any time. A major home occupation may also have more than five (5) client visits
per week, and a limited amount of outdoor storage of goods. A major home occupation may
include, but is not restricted to, hairdressing and cutting, garment making, millinery and similar
domestic crafts, stamp and coin sales, music and/or dance instruction, minor repairs to household
equipment and tutoring, or professional consulting services. The distinctions between major home
occupations and minor home occupations are more fully described in PART 12.12 of this Bylaw.
165) Home occupation, minor means any business, occupation, trade, profession, or craft carried on by
an occupant of a dwelling unit as a use secondary to the residential use of the dwelling, and which
does not change the character of the building in which it is located or have any exterior evidence
of such secondary use. A minor home occupation will have no employees, other than those residing
in the dwelling unit, and no more than five (5) client visits per week, and no outdoor storage of any
goods. A minor home occupation may include, but is not restricted to, offices of accountants,
doctors, business and professional consultants, contractors, lawyers, bookkeepers, architects,
catalogue sales, and minor repair shops, but does not include any development that may, in the
opinion of the Development Authority, be considered to be a major home occupation. The
distinctions between minor home occupations and major home occupations are more fully
described in PART 12.12 of this Bylaw.
166) Hotel means a building used primarily for sleeping accommodation and ancillary services provided
in rooms or suites or rooms, which may contain bar or kitchen facilities or both where such rooms
or suites of rooms are rented or are available for occupation for a period of less than seven days
and the occupier or renter has no right of renewal. For purposes of this Bylaw, a hotel may contain,
where permitted, a restaurant, or public convention facilities. Hotels may include a manager's
suite/dwelling accommodation.
167) Industrial hemp production and distribution facility" means the use of
a. land, buildings, or structures licensed and/or authorized to possess, sell, provide, ship,
deliver, transport, destroy, produce, export and/or import industrial hemp,
b. including related research, under the Industrial Hemp Regulations, SOR/2018-145, as
amended, or replaced.
This does not include cannabis retail sales or cannabis production and distribution facility, or the
cultivation of industrial hemp.
Bylaw 416-18
168) Industrial use, heavy means a development which would be considered to be a medium industrial
use except that, in the opinion of the Development Authority, the development may not be able
to co-exist compatibly in proximity to other uses or population concentrations due to:
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PART 1
a.
the potential for an adverse environmental impact beyond the immediate site of the heavy
industrial use;
b.
the potential for significant toxic or noxious by-products such as air or water-born
emissions; or the potential to emit significant noise, smoke, dust, odour, vibration, etc.,
which may be offensive or hazardous to human health, safety or well-being.
Heavy industrial uses also include: the storage of toxic, flammable or explosive products in
significant quantities; rendering plants; and natural resource or agricultural product processing
plants or large-scale outdoor storage that is unsightly or visually offensive. Heavy industrial uses
do not include heavy petrochemical industrial uses.
169) Industrial use, heavy petrochemical means a development involved in the processing and
manufacturing of petrochemicals, including oil and gas refining, which, in the opinion of the
Development Authority, may emit a significant level of noise, smoke, dust, odour, vibration, etc.,
and which may not be compatible with the surrounding land use.
170) Industrial use, light means a development which, in the opinion of the Development Authority, may
be able to co-exist compatibly in proximity to other uses or population concentrations. Light
industrial uses are usually less capital intensive than medium and heavy industrial uses, and may
be more consumer-oriented than business-oriented. Light industrial uses often require only a small
amount of raw materials, area and power.
For further clarification, light industrial uses include developments where:
a.
raw materials are processed, and/or
b.
semi-finished or finished goods, products or equipment are manufactured and/or
assembled, and/or
c.
materials, goods and equipment normally associated with industrial or commercial
business are cleaned, serviced, repaired, salvaged, and/or tested, and/or
d.
goods and equipment associated with personal or household use are cleaned, serviced,
and/or repaired, and/or
e.
materials, goods and equipment are stored indoors and/or transhipped, and/or
f.
materials, goods and equipment are distributed and/or sold to institutions and/or
industrial and commercial businesses for their direct use and/or to general retail
establishments and/or other retail establishments for resale to individual customers,
and/or
g.
personnel are trained in all industrial operations,
in such a manner, in the opinion of the Development Authority, that an adverse environmental
impact is not created beyond the immediate site of the light industrial use, which does not produce
significant toxic or noxious by-products, and which is compatible with other industrial and
commercial uses in a concentrated setting. Light industrial uses include motor vehicle body and
paint shops, but do not include the preparation of food and/or beverages for direct sale to the
public.
Any indoor display, office, technical or administrative support areas or any retail sale operations
shall be accessory and subordinate to the light industrial use activities identified above. The floor
Page 20
PART 1
area devoted to such accessory activities shall not exceed a total of thirty-three percent (33%) of
the total floor area of the building or buildings devoted to the light industrial use, except that this
restriction shall not apply where, in the opinion of the Development Authority, a significant portion
of the industrial activity naturally and normally takes place out of doors.
171) Industrial use, medium means a development which involves the manufacturing, processing,
fabrication, storage, transportation, distribution or wholesaling of goods and services, and which
does may emit a small amount of noise, smoke, odour, dust or vibration beyond the boundaries of
the lot on which the medium industry is located. For the purpose of this bylaw, dust refers to that
which is produced as a result of the land use of the lot, rather than that which is produced as a
result of travelling to and from the lot. A medium industrial use may also include the retail of goods
and/or services to the general public, so long as any such retail component is secondary to the
principal medium industrial use.
172) Industrial vehicle and equipment sales/rental establishment means a development where new or
used heavy vehicles, machinery or mechanical equipment typically used in building, roadway,
pipeline, oilfield, and mining construction, manufacturing, assembling, and processing operations
and/or agricultural operations are sold or rented, together with incidental maintenance services
and sale of parts. Industrial vehicle and equipment sales/rental establishments do not include truck
and recreational vehicle sales/rental establishments or automotive and minor recreational vehicles
sales/rental establishments;
173) Industrial Service Shops means a building used for assembly, fabrication, or repairing of goods or
products. Typical uses associated with this category include electrical, heating, metal, plumbing,
welding, woodworking, cabinet making, upholstering, furniture repair, painting, and similar uses.
174) In-law suite see Suite, in-law.
175) Institutional use means a development of governmental, religious, social, health care, or cultural
facilities serving the municipality, area, or region.
176) Issue or Issued means the date a Development Permit or an order is dated and signed by the
Development Officer in the course of their duties.
177) Landscaped Area means that portion of a site that is required to be landscaped pursuant to a
Development Permit.
178) Landscaping means the modification and enhancement of a site through the use of any or all of the
following elements:
a.
soft landscaping: consisting of vegetation such as trees, shrubs, hedges, grass, and ground
cover; and
b.
hard landscaping: consisting of non-vegetative materials such as brick, stone, concrete, tile
and wood.
179) Lane means a public thoroughfare with a right-of-way width of not greater than 9.14m (30 ft.) and
not less than 6. 10 m (20 ft.) which provides a secondary means of vehicle access to a site or sites,
or as defined as an alley in the Traffic Safety Act, R.S.A. 2000, as amended, as amended.
180) Laundromat means a development used for the purposes of cleaning clothing or other goods made
of fabrics on a self-serve basis.
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PART 1
181) Leading wall means the outermost part of a wall, including any bay window or cantilevered section
of wall, the outer wall of a fireplace chase, etc.
182) Livestock means livestock as defined in the Agricultural Operation Practices Act, R.S.A. 2000, as
amended. This includes, but is not limited to poultry, horses, cattle, sheep, swine, goats, bison,
and fur-bearing animals.
183) Loading Space means an off-street space, on the same site as a building or group of buildings, for
the temporary parking of a commercial vehicle while commodities are being loaded or unloaded.
184) Local Authority means:
a.
a council of a municipal authority;
b.
a regional health authority under the Regional Health Authorities Act;
c.
a regional services commission; and
d.
the board of trustees of a district or division as defined in the School Act.
185) Lot means:
a.
a quarter section, or
b.
a part of a parcel of land described in a certificate of title if the boundaries of the part are
separately described in the
certificate of title other than by
reference to a legal subdivision,
or
c.
a part of a parcel of land
described in a certificate of title
if the boundaries of the part are
described in a certificate of title
by reference to a plan of
subdivision.
186) Lot, Double Fronting means a lot which
abuts two roads (except alleys or lanes
as defined in the Traffic Safety Act, R.S.A.
2000, as amended), which are parallel or
nearly parallel where abutting the lot,
but does not include a corner lot.
187) Local Roadway or Street means a street or roadway that provides unrestricted direct access to and
connects with collectors and other local roadways.
188) Lot Line means a legally defined limit of any lot.
189) Lumber Yard means a lot or building or both where bulk supplies of lumber and other building
materials are stored, offered, or kept for retail sale and may include storage on or about the
premises of such material. Not included in this category are retail sales of furniture, appliances or
other goods not ordinarily used in building and construction.
190) Manufactured Home means a single detached dwelling, manufactured in full compliance with
current Canadian Standards Association (CSA), MH National Mobile Home Standard and the Alberta
FIGURE10: ILLUSTRATION OF LOT DEFINITIONS
Page 22
PART 1
Building Code (ABC), bearing a prominently displayed current industry standard label AND an
Alberta Municipal Affairs label that certifies compliance to the current ABC. Notwithstanding the
requirement regarding labels, should a building not have a label, it can still be considered a
manufactured home for the purposes of this Bylaw should the inspection and upgrading
procedures outlined in PART 12.14 of this Bylaw be followed. A manufactured home is normally
constructed off-site and then transported to its site. Upon arriving at the site for location, apart
from incidental operations such as placement on a foundation and connection of utilities, it is ready
for year round use as a dwelling for one household. A manufactured home may be assembled on
site out of multiple pieces. Additionally, to be considered a manufactured home, a dwelling with
one dwelling unit shall have a roof pitch of less than 1:4, or a depth of eaves of less than 45 cm (18
in.), or a ratio of depth vs. width (or width vs. depth) of more than 2.5:1, not including porches or
other additions, or not be supported on a permanent foundation or base extending below grade;
191) Manufactured Home Park means any site on which two (2) or more occupied manufactured homes
are harboured or are permitted to be harboured without regard to whether a fee or charge is paid
or made, and shall include any building, structure, tent, vehicle or enclosure used or intended for
use as a part of the equipment of such manufactured home park.
192) Manufacturing Plant means a development engaged in secondary processing, assembly and
packaging where no excessive atmospheric emissions, vibrations and noise are produced, and the
use does not create an excessive load on municipal utilities. Limited product display, retail sales,
offices and instructional classes accessory to the principal use may be permitted in this use class.
The use does not include a cannabis production and distribution facilities.
Bylaw 416-18
193) May is an operative word meaning a choice is available with no particular direction or guidance
intended.
194) Medical Clinic means a facility for the provision of human health services without overnight
accommodation for patients and may include associated office space.
195) Mixed Use Development means a development with at least two major uses or components, one
of which must, for the purposes of this Bylaw, be residential. An example would be a building in
the downtown area having a commercial retail or office component on the first floor, and a
residential component on the floor above.
196) Motel means a development used for the provision of rooms or suites for temporary lodging or
light housekeeping for the traveling public; where each room or suite has its own exterior access.
Rooms or suites are rented or are available for occupation for a period of less than seven days and
the renter or occupier has no right of renewal.
Motels may include accessory Restaurants and Drinking Establishments, Personal Service Shops
and a Manager's Suite/Dwelling Accommodation.
197) Multi-Family Dwelling means apartment, duplexes and/or row housing. See Dwelling, apartment,
Dwelling, semi-detached, or Dwelling, row housing for a more detailed description of the specific
use types.
198) Municipal Government Act, also referred to in this bylaw as the Act, means the Municipal
Government Act, R.S.A. 2000, CM 26, as amended. UPDATE WHEN MGA REVIEW IS COMPLETED.
199) Municipality means:
a.
the Municipal corporation of the Village of Longview; or
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PART 1
b.
where the context requires, means the area of land contained within the boundaries of the
municipality's corporate limits at the time of adoption of this Bylaw, or as included by any
subsequent annexations.
200) Municipal Reserve Parcel means the land specified to be municipal reserve by a subdivision
approving authority pursuant to the Municipal Government Act.
201) Natural Resource Extraction Industries means industries engaged in the extraction of natural
resources such as timber, clay, sand and gravel, limestone, shale, coal, and other minerals including
petroleum and natural gas which may include bringing these together with other elements such as
power or water into integrated processes for the purpose of primary treatment into a marketable
form of the resource being treated.
202) Net Area means an area of land upon which the principal building is located, including required off-
street parking and landscaped areas, but does not include public road right-of-ways or Utilities.
203) Net Floor Area means the gross floor area defined by the outside dimensions for each floor minus
the horizontal floor area on each floor used for corridors, elevators, stairways, mechanical rooms,
and workrooms.
204) Noise Attenuation Device means any berm, hedge, fence, or similar feature which deflects or
reduces sound.
205) Non-conforming Building means a building:
a.
that is lawfully constructed or lawfully under construction at the date 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 the land use Bylaw or any amendment thereof becomes effective does
not, or when constructed will not, comply with the land use bylaw.
206) Non-conforming Use means a lawful specific use:
a.
being made of land or a building or intended to be made of a building lawfully under
construction, at the date a land use Bylaw or any amendment thereof affecting the land or
building becomes effective; and
b.
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.
207) Nuisance means any act or deed, or omission, or thing, which is or could reasonably be expected
to be annoying, or troublesome, or destructive or harmful, or inconvenient, or injurious to another
person and/or their property, or anything troublesome or bothersome to other people, and for
which complaints are received either by the municipality or the Royal Canadian Mounted Police,
whether or not such act or deed or omission or thing constitutes nuisance at common law;
208) Obnoxious means a development which by its nature, or from the manner of carrying on the same,
may, in the opinion of the Development Authority, create noise, vibration, smoke, dust or other
particulate matter, odour, toxic or non-toxic matter, radiation, fire, or explosive hazard, heat,
humidity, or glare, or unsightly storage of goods, materials, salvage, junk, waste or other materials,
a condition which, in the opinion of the Development Authority, may be or may become a nuisance,
or which adversely affects the amenities of the neighbourhood, or which may interfere with the
normal enjoyment of any land or building;
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PART 1
209) Occupancy means the utilization of a building or land for the use for which it has been approved.
210) Occupancy Permit means a permit issued under the Alberta Safety Codes Act for the right to occupy
or use the bay, building or structure for the use intended.
211) Occupant means any person occupying or having control over the condition of any property and
the activities conducted on the property, and includes the owner, lessee, tenant or agent of the
owner.
212) Off-grid refers to a stand-alone power generating system not connected to any commercial utility.
213) Off-site sign means a sign that advertises goods, products, services or facilities located on a site
which is in a different location from where the sign is located or which directs persons to a different
site.
214) Off-street parking means an off-street facility for parking three or more motor vehicles.
215) Offensive means a development which by its nature, or from the manner of carrying on the same,
creates or is liable to create by reason of noise, vibration, smoke, dust or other particulate matter,
odour, toxic or non-toxic matter, radiation, fire, or explosive hazard, heat, humidity, or glare, or
unsightly storage of goods, materials, salvage, junk, waste or other materials, a condition which, in
the opinion of the Development Authority, may be or may become hazardous or injurious to health
or safety, or which adversely affects the amenities of the neighbourhood, or interferes with or may
interfere with the normal enjoyment of any land or building.
216) Office use means a development where government, professional, management, administrative,
consulting, and financial services may be provided. Office uses include the offices of lawyers,
accountants, engineers, architects, and realtors. Office uses also include insurance firms; clerical,
secretarial, employment and telephone answering and similar office support services; banks, credit
unions, loan offices and similar financial institutions; and the offices of governmental and public
agencies.
217) Outdoor Athletic/Recreational Facilities means a development providing facilities which are
available to the public at large for sports and active recreation conducted outdoors. Typical uses
include golf courses, driving ranges, sports fields, unenclosed ice rinks, athletic fields, boating
facilities, outdoor swimming pools, bowling greens, riding stables and fitness trails.
218) Outside Storage means a development where, in the opinion of the Development Authority, goods,
materials, or equipment are or may be placed outside of a building on a more or less permanent
or continuous basis. This does not include vehicles, waste materials, debris or garbage.
219) Owner means:
a.
in the case of land owned by the Crown in right of Alberta or the Crown in right of Canada,
the Minister of the Crown having the administration of the land, or
b.
in the case of any other land, the person shown as the owner of a parcel of land on the
municipality's assessment roll prepared under the Act.
220) Parapet means a low wall or railing to protect the edge of a roof.
221) Parcel means the aggregate of the one or more areas of land described in a certificate of title or
described in a certificate of title by reference to a plan filed or registered in the Land Titles Office.
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PART 1
222) Park means a parcel of land intended, through design or natural function, to provide opportunities
for passive and/or active recreation, and including natural conservation areas.
223) Parking lot means a portion of land set aside for the parking of motor vehicles.
224) Parking space means an area set aside for the parking of one (1) vehicle.
225) Park model means a temporary or recreational unit. There are two types of park models which are
recognized by the industry. They are:
a.
Park Model Trailer 102 is a unit of restricted size and weight so that it does not require a
special highway movement permit. The maximum width when being towed is 2.6 m (8.5
ft.). These units are
designed
for
infrequent
towing,
and are not fitted
with
a
12-volt
system for fixtures
and
appliances.
Once on site in the
set-up mode it must
be connected to the
local utilities.
This style of recreational vehicle is built on a single chassis mounted on wheels. It usually
has one or more slide-outs, but when in set-up mode the gross trailer area does not exceed
37.2 m2 (400.0 ft.2). It conforms to the current CSA Z-240 (or similar) Standard for
recreational vehicles.
b.
Park Model Recreational Unit is designed to facilitate occasional relocation, with living
quarters for a temporary residence or seasonal use, and must be connected to those
utilities necessary for the operation of installed fixtures and appliances.
It has a gross floor area, including
lofts, not exceeding 50.0 m2
(538.2 ft.2) in the set-up mode
and has a width greater than 2.6
m (8.5 ft.) in the transit mode.
Park Model Recreational Units
always require a special tow
vehicle and a special permit to
move on the road as the width of
the unit is greater than 2.6 m (8.5
ft.). It conforms to the current
CSA Z-241 (or similar) standard
for recreational vehicles.
226) Patio means an uncovered open platform or surfaced area, without foundation, and constructed
at or not more than 15 cm (6 inches) in height from finished grade used as an extension to the
interior of the building for outdoor leisure activities.
Figure 11: PARK MODEL TRAILER 102
FIGURE 12: PARK MODEL RECREATIONAL UNIT
Page 26
PART 1
227) Permitted Use means the use of land or a building provided for in this Bylaw for which a
development permit shall be issued, with or without conditions, upon an application having been
made provided that the proposed development complies in all respects with this Bylaw.
228) Personal Service Shops means a use which provides services to individuals, including but not limited
to barber shops, beauty parlors, cannabis counselling, dressmakers, dry cleaning, laundromats
mats, shoe repair, and tailoring. This use does not include retail cannabis stores.
Bylaw 416-18
Not included in this definition are dry cleaning establishments where items are cleaned (drop
off/pick up establishments may be included).
229) Pet, domestic means an animal which is normally kept inside a dwelling. Domestic pets include
dogs, cats, parrots, and similar-sized animals, but does not include livestock or exotic animals.
230) Pet, exotic means any animal not identified in the definition of domestic pets or livestock.
231) Place of worship means a development where worship and related religious, philanthropic, and
social activities occur. Accessory developments include rectories, manses, classrooms and
dormitories. Places of worship include churches, chapels, mosques, temples, synagogues,
parishes, and halls.
232) Plan of Subdivision means a plan of survey prepared in accordance with the Land Titles Act for the
purpose of effecting a subdivision.
233) Primary Access means the principal means of vehicular entry to and exit from a site or building.
234) Principal Building means a building which, in the opinion of the Development Officer:
a.
occupies the major central portion of a site;
b.
is the chief or main building among one or more buildings on the site, or,
c.
constitutes by reason of its use the primary purpose for which the site is used;
235) Principal Use means the main purpose for which a building or site is used.
236) Private Club means development used for the meeting, social or recreational activities of members
of a non-profit philanthropic, social service, athletic, business or fraternal organization, without on-
site residences. Private clubs may include rooms for eating, drinking and assembly.
237) Private Recreational Facilities means any development providing amusement, active or passive
recreation, and enjoyment for the residents, guests, or customers or the site on which the
development is situated. Typical developments would include but not be limited to athletic facilities
such as swimming pools, squash, tennis, and racquetball courts, golf courses, and similar
recreational activities. Not included are table or electronic games, or bowling alleys.
238) Property Line means a legal boundary of a lot.
239) Protective and emergency services means a development where the administration of the
protection of persons and property from injury, harm or damage takes place, and where the
equipment necessary for such activities is stored, maintained, and supplied. Protective and
emergency services include police stations, detention centres, fire stations, and ancillary training
facilities.
240) Provincial Health Care Facility" means an approved hospital as defined in the Hospitals Act, RSA
2000, c. H-12.
Bylaw 416-18
Page 27
PART 1
241) Public and Quasi-Public Buildings, Installations and Facilities means a development owned or
operated by or for the Municipality, the Provincial Government, the Federal Government or a
corporation which is an agent of the Crown under federal or provincial statute for the purpose of
furnishing services or commodities to or for the use of the inhabitants of the municipality.
242) Public Education Facility means a development where educational, training, or instruction occurs
under the auspices of a School Division or under the auspices of an organization authorized by the
Province to provide education similar to that which would be provided by a School Division. Public
education facilities include the administration offices, storage, and maintenance operations of the
School Division. Public education facilities include public and separate schools, community
colleges, universities, technical and vocational schools, and private academies or charter schools,
and their administrative offices and maintenance facilities.
243) Public Park means a development designed or reserved for active or passive recreational use,
including all natural and man-made open space and landscaping, facilities, playing fields, and
buildings that are consistent with the general purposes of recreation, whether or not such
recreational facilities are public operated or operated by other organizations pursuant to
arrangements with the public authority owning the public park. Public parks include tot lots, band
shells, picnic grounds, pedestrian trails and paths, landscaped buffers, playgrounds, water features,
baseball diamonds, football fields, soccer pitches, and similar outdoor sports fields.
244) Public Recreational Facilities means any development providing amusement, active or passive
recreation and enjoyment to the citizens of a municipality and any such facility is owned and
operated by the Municipal, Provincial or Federal Government.
245) Public Thoroughfare means any pathway, bridge, lane, service road, local street, collector street,
arterial street, trail or highway.
246) Public use means a development where public services are provided by the municipality, by any
local board or agency of the municipality, by any department, commission or agency of the
Government of Alberta or of Canada, or by a public utility. However, public uses shall not include
office uses, protective and emergency services, and major public utilities or private public utilities.
247) Public utility see Utility, Public.
248) Public utility building see Utility building, public.
249) Public utility, major see Utility, major public.
250) Ready-to-move home means a previously unoccupied dwelling constructed at a place other than
its permanent location (off-site) which is built to current Alberta Safety Codes Standards and is
transported in whole or in parts, complete with paint, cabinets, floor covering, lighting and
plumbing fixtures, to a site and placed on a permanent wood or concrete basement foundation.
For purposes of this Bylaw, a Ready-to-move home does not include a Manufactured home or
Move-in buildings.
251) Real Property Report means a codified standard adopted by the Alberta Land Surveyors'
Association which contains:
a.
The legal description of the property and the municipal address (if available).
b.
The dimensions and bearings of all property boundaries as determined by an actual field
survey in accordance with the Surveys Act
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PART 1
c.
The designation of adjacent properties, roads, lanes, etc.
d.
The location and description of all pertinent improvements located on the property along
with their dimensions and clearances to the property boundaries. The projections of
overhangs or eaves would also be shown.
e.
The location of any easements which may affect the property.
f.
The location and dimensions of any visible encroachments onto or off of the property.
g.
A list of the registered encumbrances as noted on the title to the property at the date of
the survey.
h.
A certification by an Alberta Land Surveyor duly signed.
252) Recreational use means a recreational development conducted on a unified basis on a single site
where the prime reason for location is to take advantage of natural physical features including the
availability of large areas of land to provide day-to-day sporting and athletic facilities and the
structures incidental thereto. This includes ski slopes, golf courses, archery, trap and rifle ranges,
race tracks, boating, riding, picnicking, and sports grounds, swimming pools, community halls,
bowling alleys, skating and curling rinks, drop-in centres, and similar uses, and may include a
refreshment stand incidental to the primary use.
253) Recreation Vehicle means a vehicle or a trailer that is designed, constructed and equipped, either
temporarily or permanently, as a temporary accommodation for travel, vacation or recreational
use and includes but is not limited to: duly licensed trailers, motorized homes, slide in campers,
chassis mounted campers, and tent trailers.
254) Recreational vehicle campground means a development consisting of stalls or sites for the location
of more than three (3) recreational vehicles, for not normally more than twenty (20) days in a year,
and may include sites for the erection of tents for similar time frames.
255) Recreational vehicle campground, seasonal means a development consisting of stalls or sites for
the location of more than three (3) recreational vehicles, normally for no longer than an entire
season operating between April to October.
256) Recreational Vehicle Storage means a commercial development which provides fenced or indoor,
secure, onsite storage of three (3) or more recreational vehicles, boats and all-terrain vehicles.
257) Recycling Depot means a development used for the buying and temporary storage of bottles, cans,
newspapers and similar household goods for reuse where all storage is contained within an
enclosed building but excludes scrap yards.
258) Relocated Building means development consisting of an existing structure which is moved by
transport and relocated to a site in the Village of Longview where it is placed on a permanent
foundation, as defined in the Alberta Building Safety Code. The term does not apply to a Ready to
Move Dwelling.
259) Repair and Service Shops means a development used for the provision of repair services to goods,
equipment and appliances normally found within the home. This includes radio, television and
appliance repair shops, furniture refinishing and upholstery shops.
260) Retail Store means a building where goods, wares, merchandise, substances, articles, or things are
stored, offered or kept for retail sale or rental and includes storage on or about the store premises
Page 29
PART 1
of limited quantities of such goods, wares, merchandise, substances, articles, or things sufficient
only to service such store.
261) Roof means the top of any enclosure, above or within the vertical walls of a building.
262) School see "public education facility".
Bylaw 416-18
263) School Building" means a building used for the instruction or accommodation of students that is
owned or occupied by
a. a school jurisdiction,
b. a school jurisdiction and a municipality, or
c. a school jurisdiction and another person;
(from the School Act)
Bylaw 416-18
264) School Jurisdiction" means a board, the Foothills School Division or the Christ the Redeemer
Catholic Separate School District;
Bylaw 416-18
265) Screening means a visual separation between site, districts, or land use activities provided by a
fence, wall, berm or natural landscaping.
266) Sea can means a pre-built metal container or structure originally designed and/or constructed for
the purpose of the storage and/or transportation of cargo.
267) Secondary commercial use means a commercial use, which is subordinate in nature to the principal
use of a lot. A secondary commercial use is not limited to uses which are similar to the principal
use of the lot.
268) Secondary suite see Suite, secondary.
269) Self-service storage facility means a development where varying sizes of individual,
compartmentalized, and controlled access lockers are provided within a fenced compound or
within a building for the storage of a customer's goods or wares. Self-service storage facilities do
not include any outdoor storage.
270) Semi-detached dwelling see Dwelling, semi-detached.
271) Senior Citizen means a person who is eligible to obtain senior citizen benefits, allowances and
pensions, as defined by Federal and Provincial legislation and policy.
272) Senior citizens' home means an apartment, a ground-oriented multiple unit dwelling, or an
extended medical treatment facility geared to and occupied by senior citizens. A senior citizens'
home provides resident care services and supervision to aged individuals in accordance with their
individual requirements.
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PART 1
273) Service
Station
means
a
development
where
gasoline,
lubricating
oils,
and
other
automotive fluids and accessories for
motor vehicles are bought and sold.
Service stations may also include
facilities for the servicing or repairing
of motor vehicles, and a towing
service dispatch point, but do not
include body repair or paint shops.
274) Setbacks, Front, Rear, Side Yard
means the minimum horizontal
distance between the site boundary
and the nearest point on the exterior
wall or chimney of the building, or
another part of the building if
specified elsewhere in this Bylaw. All
exterior projects including, but not
limited to, bay windows, oval
windows,
bow
windows,
and
chimneys, shall be considered as the
exterior wall of the building and shall
conform to pertinent side yard
setback requirements within the
required side yard setback. A setback
is not a yard or amenity area.
275) Shall is an operative word, which
means the action is obligatory.
276) Shipping container see sea can.
277) Shopping
Centre
means
a
development consisting of a building
or a group of buildings, comprising
general retail stores, personal service
shops, office uses, and similar uses,
with
shared
off-street
parking
facilities, and which may be managed
as a single unit.
278) Should means that in order to
achieve local goals and objectives it is
strongly advised that action be taken.
279) Show home means a dwelling unit which is used temporarily for the purpose of illustrating to the
public the type and character of dwelling units to be constructed in other parts of the municipality.
Show homes may contain offices for the sale of other lots or dwelling units in the municipality and
FIGURE 13: SETBACK EXAMPLE FOR REGULAR LOTS
FIGURE 14: SETBACK EXAMPLE FOR IRREGULAR LOTS
Page 31
PART 1
must be located within a dwelling which is either a permitted or a discretionary use in the District
in which they are located.
280) Side line means the boundary line of a site lying between a front line and a rear line of a site. In
the case of a corner site, the longer of the two boundary lines adjacent to the road shall be
considered a side line.
281) Side yard see Yard, side.
282) Sidewalk means a pathway or right-of-way for pedestrian traffic.
283) Sidewalk café means a temporary outdoor area located and maintained by an adjoining eating and
drinking establishment for the sale and consumption of food and beverages.
284) Sign means any visual medium, including its structure and other component parts, illuminated or
not illuminated, which is used or capable of being used, on a permanent or temporary basis, to
identify or convey information, or to advertise or attract attention to a product, service, place,
activity, person, institution or business. Without limiting the generality of the foregoing, signs shall
include banners, placards, and painted messages, but not national flags, interior window displays
of merchandise, or signs painted on or attached to a motor vehicle intended for use on a road.
285) Sign, A-frame means a type of sign commonly referred to as sandwich boards, composed of two
hinged or otherwise joined boards which leans on the ground.
286) Sign, canopy means a sign which is part of, or attached to, the outside edge of a canopy but which
does not extend below the bottom edge or surface of the canopy.
287) Sign, freestanding means a sign supported by one or more uprights, braces, or pylons and which
stands independently of another structure.
288) Sign, inflatable means a sign made of flexible material or fabric that is made to take on a three-
dimensional shape (to blow up like a balloon) when filled with a sufficient volume of air or gas.
Inflatable signs are commonly used as a temporary sign for special events or promotions.
FIGURE 15: SIDEWALK CAFES
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PART 1
289) Sign, off site means a sign that advertises goods,
products, services or facilities or directs persons
to a different location from where the sign is
located. Such a sign is not located on the site of
the goods, products, services, or facilities
advertised.
290) Sign, projecting means a sign which is affixed to
any building or part thereof and extends
beyond the building wall or parts thereof by
more than 0.3 m (1.0 ft.). This does not include
a sign attached to the ground.
291) Sign, roof means any sign erected upon,
against, or directly above a roof or on top of or
above the parapet wall of a building.
292) Sign, temporary/portable means a sign on a
standard or column fixed to its own self-
contained base and capable of being moved
manually.
293) Sign, under canopy means a sign which is
attached to the bottom face of a canopy.
294) Sign, wall is a sign attached to or placed flat
against the exterior wall or surface of any
building, no portion of which projects more
than 0.1 m (4 inches) from the wall, but which
may or may not project above the roof or
parapet. Wall signs are also called Fascia Signs.
295) Similar Use means a use which, in the opinion
of
the
Development
Authority,
closely
resembles another specified use with respect to
the type of activity, structure and its
compatibility
with
the
surrounding
environment.
296) Single-Detached Dwelling see dwelling, single
detached.
297) Single Detached Housing, Moved In means
development consisting of a building containing
only one dwelling unit, which is separate from
any other dwelling or building and is relocated
from an off-site location in accordance with this
bylaw.
298) Site means an area of land on which a development exists or for which an application for a
development permit is made.
A-FRAME SIGN
INFLATABLE SIGN
CANOPY SIGN
FREESTANDING SIGN
PROJECTING SIGN
ROOF SIGN
TEMPORARY SIGN
UNDER CANOPY SIGN
WALL SIGN
FIGURE 16: EXAMPLES OF SIGNS
Page 33
PART 1
299) Site area means the total area of the site.
300) Site boundaries means the boundaries of a site which enclose the site at its perimeter.
301) Site corner means a lot at the intersection of two or more streets.
302) Site coverage means the sum of the ground floor areas of all buildings on a site, divided by the area
of the site, usually expressed as a percentage.
303) Site depth means the average horizontal distance between the front and rear lines of a site
measured either perpendicular to the front line, or perpendicular to the tangent on a curve from
the midpoint of a curved front line.
304) Site interior means a site which is bounded by one street.
305) Site key means an interior site lying immediately to the rear of a reversed corner site or corner site.
Figure 17: SITE DEFINITIONS
Page 34
PART 1
306) Site plan means a plan drawn to scale showing the boundaries of the site, the location of all existing
and proposed buildings upon that site, and the use or the intended use of the portions of the site
on which no buildings are situated, and showing fencing, screening, grassed areas, and the location
and species of all existing and proposed shrubs and trees within the development.
307) Site reversed corner means a corner site, the rear of which abuts the side of the site immediately
to its rear, with or without a lane or an alley intervening.
308) Site width means the distance between the side property lines of the lot calculated as the average
between the length of two straight lines connecting points located at the front and rear yard
setbacks on the side property lines.
309) Small animal breeding and boarding establishment means a development where domestic pets are
bred, boarded, or trained. Small animal breeding and boarding establishments include kennels but
do not include animal hospitals or veterinary clinics.
310) Small radio communications tower see communications tower, small radio.
311) Solar energy collection system (small and large) means a system of one or more buildings or
accessories to buildings designed to convert solar energy into mechanical or electrical energy and
includes solar array, solar panels, free standing, ground and roof mounted.
312) Solar array means multiple solar panels use in conjunction to produce electricity.
313) Solar panel, free standing/ground mounted means a device that is used to convert energy
contained within the sun's rays into electricity, which is not mounted or attached to any other
structure for support.
314) Solar panels, roof mounted means a device which is used to convert energy contained within the
sun's rays into electricity, which is located, mounted, or attached to the roof of a structure.
315) Sound Shadow means the area behind a berm, or singular noise attenuation device, so fanned by
a line originating at the noise source to the height of the attenuating device.
316) Staging area means a location where people, vehicles, equipment or material are assembled for
the purpose of transporting the assembled group, vehicles or equipment to another location.
317) Stall means an area of land upon which a manufactured home is to be located within a
manufactured home park, and which is reserved for the exclusive use of the residents of that
particular manufactured home.
318) Storey means the space between one floor of a multi-storey building and the next floor above it.
The upper limit of the top storey shall be the ceiling above the topmost floor. A basement or cellar
shall be considered a storey in calculating the height of a building if the upper limit of the basement
or cellar is greater than 1.8m (6.0 ft.) above grade.
319) Stick Built Buildings means structures or buildings that are built on site with one piece of lumber at
a time.
320) Storage Yard means the use of a site for the storage of materials, products, goods or equipment.
321) Storey, First means the storey with its floor closest to grade and having its ceiling more than 1.8 m
(6 ft.) above grade.
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PART 1
322) Street means a public thoroughfare including a bridge affording the principal means of access to
abutting sites and includes the sidewalks and the land on each side of and contiguous to the
prepared surface of the thoroughfare.
323) Street, Local or Residential means an undivided roadway where all intersections are at grade,
having direct access permitted from adjacent properties and designed to permit low speed travel
within a neighbourhood.
324) Structure means anything constructed or erected with a fixed location on the ground, or attached
to something having a fixed location on the ground.
325) Structural alteration means an addition to, deletion from, or change to any building which requires
a permit other than a plumbing permit or an electrical permit pursuant to the Safety Codes Act,
R.S.A. 2000, as amended.
326) Subdivision and Development Appeal Board means the Subdivision and Development Appeal Board
established pursuant to the Act through the Intermunicipal Subdivision and Development Appeal
Board Bylaw.
327) Subdivision and Development Regulation means Alberta Regulation 43/2002 as amended.
328) Subdivision Authority means the Subdivision Authority established pursuant to the Act through the
municipality's Subdivision Authority Bylaw.
329) Substandard lot means any lot which is smaller, in area or in
any dimension, than the minimum area or dimension
stipulated in the regulations of the District in which the lot is
located.
330) Suite, garage means a self-contained dwelling unit located
above a detached garage which is located in a rear yard and
which is accessory to a single detached dwelling. Garage
suites have an entrance which is separated from the vehicle
entrance to the detached garage, either from a common
indoor landing or directly from the exterior of the building.
331) Suite, garden means a temporary, portable detached dwelling
unit, located on a lot containing an existing single detached
dwelling. Garden suites shall not include manufactured
homes.
332) Suite, in-law means a subordinate, additional dwelling unit
located within a single detached dwelling or semi-detached
dwelling intended for the sole occupancy of one (1) or two (2)
adult persons, which has unfettered access to the adjoining
dwelling unit.
333) Suite, secondary means a subordinate self-contained dwelling
unit located in a structure in which the principal use is a single
detached dwelling or semi-detached dwelling. A secondary
suite has cooking, food preparation, sleeping and bathing
facilities which are separate from those of the principal
dwelling within the structure. Secondary suites also must have
FIGURE 18: GARAGE SUITE
FIGURE 19: GARDEN SUITE
FIGURE 20: IN-LAW/SECONDARY SUITE
Page 36
PART 1
a separate entrance from the dwelling. This use includes conversion of basement space to a
dwelling, or the addition of new floor space for a secondary suite to an existing dwelling. This use
does not include duplexes, row housing, or apartments where the structure was initially designed
for two or more dwellings, and does not include boarding and lodging houses. Garden suites,
garage suites and in-law suites are not considered secondary suites.
334) Suite, surveillance means a dwelling unit used
to accommodate a person or persons whose
function is to provide surveillance for the
maintenance and safety of the development.
Surveillance
suites
do
not
include
manufactured homes.
335) Supportive living facility means a licenced
facility providing permanent accommodation
to four (4) or more adults in which the
operator provides or arranges for services related to safety and security of the residents, and
provides at least one meal a day or housekeeping services. Residents in a supportive living setting
can range from seniors who require support services due to age, chronic conditions and frailty to
young adults with mental health or physical disabilities.
336) Surveillance suite see Suite, surveillance.
337) Tavern or Lounge see Drinking establishment.
338) Temporary Development means a use and/or building maintained or operated for a time period
specified by a temporary development permit, or for a limited time period where exempted by this
bylaw from requiring development approval.
339) Tented structure means a removable accessory structure consisting of canvas, tarp or other similar
fabric and supported by a metal or wooden frame used for the outdoor storage of motor vehicles,
recreational vehicles or other chattels. A tented structure is not considered an accessory building.
340) Townhouse means a Rowhouse (See, Dwelling, rowhousing).
341) Triplex means a building comprised of three dwelling units, each having a separate, direct entrance
from ground level.
342) Traffic island means an area or space officially set aside within a street, lane, or parking lot,
prohibited for use by motor vehicles and which is marked or indicated by construction as to be
plainly visible at all times and may be defined by curbing.
343) Truck and recreational vehicle sales/rental establishment means a development where new or
used trucks with a gross vehicle weight rating of 4000 kg (8,818.5 lbs.) or greater, motor homes,
and recreational vehicles with a gross vehicle weight rating of 6000.0 kg (13,227.7 lbs.) or greater
or a length greater than 6.7 m (22.0 ft.) are sold or rented, together with incidental maintenance
services and sale of parts. Truck and recreational vehicle sales/rental establishments include truck
dealerships, recreational vehicle dealerships, and truck and recreational vehicle rental agencies,
and may include refuelling and/or washing facilities as an integral part of the operation.
344) Trucking and cartage establishment means a development where goods shipped by truck are
transferred from one truck to another, or where trucks are dispatched to pick up and/or deliver
goods. Trucking and cartage establishments may include dispatch offices or storage compounds
FIGURE21: SURVEILLANCE SUITE
Page 37
PART 1
for the temporary storage of goods, and include moving or cartage firms involving vehicles with a
gross vehicle weight of more than 3000.0 kg (6,613.9 lbs.).
345) Use means the purpose or activity for which a site, a parcel of land, or a lot and any buildings
located on it are designed, arranged, developed, or intended, or for which it is occupied or
maintained.
346) Use, Change of 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.
347) Use, Intensity of means the degree or scale of operation of use or activity in relation to the amount
of land and buildings associated with the use, vehicular traffic generation resulting thereof, amount
of parking facilities required for the particular land use activity, etc.
348) Utility see Utility, public.
349) Utility building, public means a building in which the proprietor of the public utility maintains an
office or offices and/or maintains or houses any equipment used in conjunction with the public
utility.
350) Utility, public means the right-of-way and facilities for one or more of the following: sanitary and
stormwater sewerage, telecommunications systems (excluding telecommunications towers),
water works systems, irrigation systems, systems for the distribution of gas, whether natural or
artificial, systems for the distribution of artificial light or electric power and heating systems but
does not include major public utility uses.
351) Utility, major public means a development of a public utility or a public utility building or a
government service function. Major utility services include sanitary land fill sites, sewage
treatment plants, sewage lagoons, sludge disposal beds, garbage transfer and compacting stations,
power generating stations, cooling plants, incinerators, waste recycling plants, vehicle, equipment
and material storage yards for utilities and services; snow dumping sites; surface reservoirs; water
towers, water treatment plants; power terminal and distributing substations; communication
towers; and gate stations for natural gas distribution.
352) Vacant parcel means a parcel of on which no development is located. A vacant parcel can be on
land that is or is not used for agriculture.
353) Veterinary clinic means a development where domestic pets are cared for and treated. Veterinary
clinics primarily involve out-patient care and minor medical procedures involving hospitalisation
for fewer than four (4) days. All animals shall be kept within an enclosed building. Veterinary clinics
do not include animal hospitals or small animal breeding and boarding establishments.
354) Veterinary clinic, large animal means a development where large animals, including livestock, are
cared for and treated. Large animal veterinary clinics primarily involve out-patient care and minor
medical procedures involving hospitalisation for fewer than four (4) days. Large animal veterinary
clinics do not include animal hospitals or small animal breeding and boarding establishments.
355) Warehouse sales establishment means a development where bulky goods are sold from within an
enclosed building where the size and nature of the principal goods being sold typically require large
floor areas for direct display to the purchaser or consumer. Warehouse sales establishments
include: furniture stores, carpet stores, major appliance stores, and building materials stores.
Bylaw 416-18
Page 38
PART 1
356) Wind energy conversion system, large means a system of one or more buildings designed to
convert wind energy into mechanical or electrical energy and which has a rated capacity equal to
or greater than 300 kW.
357) Wind energy conversion system, micro means a system of one or more buildings designed to
convert wind energy into mechanical or electrical energy which has a rated capacity of less than
0.5 kW. Micro wind energy conversion systems are small in height and diameter and may be
installed on the roof of a building.
358) Wind energy conversion system, small means a system of one or more buildings designed to
convert wind energy into mechanical or electrical energy which has a rated capacity of not more
than 300 kW, and which is intended to provide electrical power for use on-site (either behind the
meter or off-grid) and is not intended or used to produce power for resale.
359) Wind turbine tower means the guyed or freestanding structure that supports a wind turbine
generator.
360) Wind turbine tower height means the height above grade of the fixed portion of the wind turbine
tower, excluding the wind turbine and rotor.
361) Warehousing means the use of a building for the storage of materials, products, goods or
merchandise but does not include sale of merchandise.
362) Work camp means a temporary residential complex used to house camp workers for a contracting
firm or project on a temporary basis of more than six (6) months and up to three (3) years. The
camp is usually made up of a number of manufactured units, clustered in such fashion as to provide
sleeping, eating, recreation and other basic living facilities.
363) Work camp, short term means a residential complex used to house camp workers by various
contracting firms on a temporary basis, and without restricting the generality of the above, the
camp is usually made up of a number of manufactured units, clustered in such fashion as to provide
sleeping, eating, recreation, and other basic living facilities. The units may be dismantled and
removed from the site from time to time. For the purposes of this definition, temporary means for
a period of up to six (6) months in total duration either consecutively or non-consecutively.
364) Works means any fence, landscaping, landscape vegetation, sidewalks, pathways, roads or other
public or private utilities associated with and required for a development.
365) Yard means a part of a site which is unoccupied and unobstructed by any building or portion of a
building above the ground level, unless otherwise allowed by this Bylaw.
366) Yard, front means that portion of the lot extending across the full width of the site from the front
line of the site to the exterior wall of the building. In the case of a curved front line, the front yard
will also form a curve.
367) Yard, rear means that portion of the lot extending across the full width of the site from the rear
line of the site to the exterior wall of the building. In the case of a curved rear line, the rear yard
will also form a curve.
368) Yard, side means that portion of the site extending from the front yard to the rear yard and lying
between the side line of the site and the nearest portion of the exterior wall of the building. In the
case of a curved side line, the side yard will also form a curve.
and all other words and expressions have the meanings respectively assigned to them in the Act or in
other Acts of the Legislature or in common law.
Page 39
PART 1
5 | UNITS OF Measurement
1) All units of measure contained within this Bylaw are metric standards. Approximate imperial
measures are provided for the convenience of the user only.
2) Where a measurement is provided in this Bylaw in both imperial and metric units, and the two
measurements do not correspond precisely, the metric measurement shall take precedence for
purposes of interpretation of this Bylaw.
6 | Application
1) This Bylaw shall apply to the whole of the Village of Longview being all lands contained within its
corporate limits.
7 | Date of Receipt
1) Where a development permit approval or refusal, development appeal notice, notice to re-classify
lands or notice of appeal hearing is sent, given, or served by mail and the document is properly
addressed and sent by prepaid mail other than double registered for certified mail, unless the
contrary is proved, the service shall be presumed to be effected five (5) days from the date of
mailing if the document is mailed in Alberta to an address in Alberta.
In the event of a dispute, the Interpretation Act, R.S.A. 2000, as amended, shall apply.
8 | Compliance with Other Legislation
1) Compliance with the requirements of this bylaw does not exempt a person from:
a. The requirements of any federal, provincial, or municipal legislation; and
b. Complying with any easement, covenant, agreement, or contract affecting the
development.
9 | Non-applicability of Bylaw
1) This Bylaw does not apply to roads or lanes.
10 | Severability Provision
1) It is the intention of the Council that each separate provision of this Bylaw shall be deemed
independent of all other provisions, and it is further the intention of Council that if any provision
of this Bylaw be declared invalid, that provision shall be deemed to be severed and all other
provisions of the Bylaw shall remain in force and effect.
11 | Attached Figures
1) Various Figures are included within this Bylaw for information purposes, but they do not form part
of this Bylaw unless specifically referenced in the text of the Bylaw.
Page 40
PART 2
PART 2 -AGENCIES
1 | Development authority
1) The Development Authority is hereby established.
2) The Development Authority shall be:
a. The Development Officer; and
b. Council for all development decisions within Direct Control Districts, unless otherwise
delegated within the provisions of that District.
3) The Development Authority shall perform such duties that are specified in this Bylaw.
4) In all instances other than those indicated in PART 2.1(2) of this section, when used in this Bylaw,
the term Development Authority shall be the Development Officer.
2 | Development Officer
1) Council hereby establishes the Office of the Development Officer, which is authorized to act on
behalf of Council on those matters delegated to it by this Bylaw. The Office of the Development
Officer shall be filled by the person or persons designated by Bylaw.
2) The Development Officer shall perform such duties that are specified in this bylaw.
3) The Development Officer may sign, on behalf of the Development Authority, any order, decision,
approval, notice or other thing made or given by the Development Authority or by the
Development Officer.
4) The Development Officer shall keep and maintain for the inspection of the public during normal
office hours, a copy of this Bylaw and all amendments thereto, and keep a register of all
applications for development, the decisions, and the reasons therefore.
5) For the purposes of Section 542 of the Act, the Development Officer is hereby declared to be a
designated officer.
3 | Subdivision authority
1) The Subdivision Authority of the Village of Longview shall be as established by the municipality's
Subdivision Authority Bylaw to act on behalf of Council in those matters delegated to it by this
Bylaw and the Subdivision Authority Bylaw.
2) The Subdivision Authority shall be appointed by resolution of Council.
4 | Subdivision Officer
1) Council hereby establishes the Office of the Subdivision Officer, which is authorized to act on behalf
of Council on those matters delegated to it by this Bylaw. The Office of the Subdivision Officer shall
be filled by the person or persons designated by Council.
Page 41
PART 2
5 | Council
1) Council shall perform such duties as are specified for it in this Bylaw.
6 | Subdivision and Development Appeal Board
1) The appeal board of the Village of Longview shall be the appeal board as established by the Village
of Longview Subdivision and Appeal Board Bylaw.
2) The Subdivision and Development Appeal Board shall perform such duties as are specified in this
Bylaw.
7 | Development Officers Duties and Responsibilities
1) The Development Officer shall:
a. receive all applications for Development Permits;
b. keep and maintain for the inspection of the public during office hours, a copy of this Bylaw
and all amendments thereto and ensure that copies of same are available to the public at
reasonable charge;
c. keep a register of all applications for development, including the decisions therein and the
reasons therefore, and all orders, for a minimum period of seven (7) years;
d. consider and decide on applications for a Development Permit, and be governed in their
consideration and decision on the application by this Bylaw and amendments thereto;
e. receive, consider and decide on applications for a development permit for all permitted
and discretionary uses;
f.
shall refer for comment applications for development permits to those authorities and
agencies prescribed within the Subdivision and Development Regulations and this Bylaw;
and
g. sign and issue all Development Permits.
2) When, in the opinion of the Development Officer, sufficient details of the proposed development
have not been included with the application for a Development Permit, as set out in Part 3.2, the
Development Officer may return the application to the applicant for further details.
3) The Development Officer shall approve all applications for a Permitted Use with or without
conditions, upon the application conforming in all respects to the provisions of this Bylaw.
4) In making a decision on an application for a Discretionary Use, the Development Officer may:
a. approve the application; or
b. approve the application subject to conditions and restrictions considered appropriate or
necessary; or
c. refuse the application.
5) The Development Officer shall not allow the use of land or a building not listed as a Permitted Use
or Discretionary Use in the district in which the building or land is situated.
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PART 2
6) The Development Officer shall not approve an application for a Development Permit that is not in
conformity with the Municipality's Statutory Plans.
7) The Development Officer shall consider and decide on applications for Development Permits within
forty (40) days of the receipt of the application in its complete and final form or within such time
as granted by the applicant.
8 | Subdivision Officers Duties and Responsibilities
1) The subdivision officer shall:
a. keep and maintain for the inspection of the public during office hours, copies of all
decisions and ensure that copies of same are available to the public at reasonable charge:
b. keep a register of all applications for subdivision. including the decisions therein and the
reasons therefore;
c. refer for comment applications for subdivision to those authorities and agencies
prescribed within the Subdivision and Development Regulations and this Bylaw;
d. shall solicit comments from adjacent property owners on applications for subdivision;
e. refer for comment an application for subdivision to an adjacent municipality when the site
is within 60 meters of the Municipal boundaries;
f.
shall prepare, sign, and transmit all notices of decision and the application for subdivision;
g. shall review instruments for Land Titles registration for conformity with the Subdivision
Officer or Subdivision Approving Authorities decision;
h. may endorse Land Titles instruments in order to effect the registration of the subdivision
of land.
2) The Subdivision Officer shall forward the application for subdivision together with a report and
recommendation to the Subdivision Approval Authority for decision.
3) After thirty (30) days from the date of referral to authorities, agencies, or landowners, the
application may be dealt with by the Subdivision Officer, whether or not comments have been
received.
4) In preparation of the report and recommendation, the Subdivision Officer shall give due
consideration to the comments received from any authority or agency.
5) When sufficient details of the proposed subdivision have not been included with the application
for a subdivision, as set out in Part 4.1, the Subdivision Officer may return the application to the
applicant for further details.
6) The Subdivision Officer shall advise the Council, Subdivision Approval Authority and Subdivision and
Development Appeal Board on matters relating to the subdivision of land.
7) The Subdivision Officer shall appear before and represent the Subdivision Approval Authority at
appeal hearings of the Municipal Government Board and Subdivision and Development Appeal
Board on decisions on applications for subdivision.
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PART 2
9 | Subdivision Approval Authorities Responsibilities
1) The Subdivision Approval Authority shall consider and decide on applications for subdivision
approval which have been referred to it by the Subdivision Officer.
2) The Subdivision Approval Authority shall receive, consider and decide on applications for
subdivision approval.
3) The Subdivision Approval Authority may allow a variance of the requirements of the Bylaw where,
in their opinion, the subdivision would not unduly interfere with the amenities of the
neighbourhood, or materially interfere with or effect use, enjoyment or value of the neighbouring
parcels of land.
4) The Subdivision Approval Authority shall consider and decide on requests for time extensions to
development permits which have been referred by the Subdivision Officer.
10 | Subdivision and Development Appeal Boards
1) The Subdivision and Development Appeal Board shall perform such duties as are specified in PART
6 of this Bylaw.
11 | Forms, Notices, and Fees
1) For the purposes of administering the provisions of this Bylaw, Council, by Resolution, may
authorize the preparation and the use of such forms, notices and fee schedules as in its discretion
it may deem necessary; any such forms. Notices or fees are deemed to have the full force and
effect of this Bylaw in execution of the purpose for which they were designed, authorized, and
issued.
2) The forms, notices, and fee schedules authorized by Council pursuant to this Bylaw may be posted,
issued, mailed, served or delivered in the course of the Development Officer's or Subdivision
Officer's duties.
3) The following forms and notices used for the operation of this Bylaw are contained in Appendix A
and are provided for information. The forms may be reproduced or photocopied for the purposes
of submitting applications for development and subdivision, appeals, time extensions or
amendments to this Bylaw, to the Municipality, its agencies, boards, and designated officers.
a. Development Permit Application
b. Subdivision Application
c. Stop Work Order
d. Notice of Appeal to the Village of Standard Subdivision
e. Circulation Transmittal
f.
Bylaw Amendment Form
Page 44
PART 3
PART 3 - DEVELOPMENT PERMITS, RULES, and PROCEDURES
1 | Control of development
1) No development other than that indicated in Part 3.3 of this Bylaw shall be undertaken within the
municipality unless an application for it has been approved and a development permit has been
issued.
2 | Development Permits Required
1) Except as provided in Part 3.3 of this Bylaw, no person shall undertake any development unless:
a. a Development Permit has first been issued pursuant to this Bylaw; and
b. the development is proceeded with in accordance with the terms and conditions of the
Development Permit issued in respect of the development; or
c. a Building Permit has been obtained when a Building Bylaw so requires.
3 | Development Permits Not Required
1) A Development Permit is not required in respect of the following developments if such
developments comply with all applicable provisions of this Bylaw:
a. works of maintenance, repair or alteration, on a building (both internal and external) if in
the opinion the Development Officer, such work :
i. does not include structural alterations; and
ii. does not change the use or intensity of the use of the structure; and
iii. is performed in accordance with obligatory legislation or other government
regulations; and
b. the completion of a building which was lawfully under construction at the date this Bylaw
comes into full force and effect, provided that:
i. the building is completed in accordance with the terms of any permit granted by
the Municipality, subject to the conditions of that permit; and
ii. the building, whether or not a permit was granted in respect of it, is completed
within a period of twelve (12) months from the date this Bylaw comes into full
force and effect;
c. the use of any building referred to in Part 3.3.1(b) for the purpose for which construction
was commenced;
d. the erection or installation of machinery needed in connection with operations for which
a Development Permit has been issued, for the period of the construction;
e. the construction and maintenance of that part of a public utility placed in or upon a public
thoroughfare or public utility easement;
Page 45
PART 3
f.
the use by the Municipality of land which the Municipality is the legal or equitable owner
for a purpose in connection with any public utility carried out by the Municipality;
g. the use of a building or part hereof as a temporary polling station for a Federal, Provincial
or Municipal election or referendum or plebiscite;
h. one temporary, on-site freestanding or fascia sign which does not exceed 1 m2 in area nor
1 m, in height and is intended for:
i. advertising the sale or lease of a dwelling unit, or property for which a
Development Permit has been issued for the development on the said property:
or
ii. identifying a construction or demolition project for which a Development Permit
has been issued for such a project; or
iii. advertising a campaign or drive which has been approved by Council: such a sign
may be posted for a maximum period of fourteen (14) days;
i.
the erection of campaign signs for federal, provincial, municipal, or school board elections
on private properties for no more than thirty (30) days, or such other time as regulated
under provincial or federal legislation provided that:
i. such signs are removed within one (1) day of the election date;
ii. the consent of the property owner or occupant is obtained;
iii. such signs do not obstruct or impair vision or traffic; and
iv. such signs are not attached to fences, trees, or utility poles;
j.
municipal signs used to indicate street names and traffic control;
k. the construction, maintenance and repair of private walkways, private pathways, private
driveways and similar works;
l.
the construction or installation of public roadways, walkway, utilities or grading of the site
or removal or stockpiling of soil when a development agreement has been signed as a
condition of subdivision approval, or the undertaking of any or all of the aforementioned
works that has been authorized by Council;
m. the construction of an accessory building having an area of less than 9.4 m2 (101 ft.2) which
meets the setback requirements in this bylaw;
n. satellite dishes and other forms of communication structures for private use;
o. one on-site fascia sign which does not exceed 0.185 m2 (2 ft.2) in area for any of the
following buildings: single detached dwelling, semi-detached or duplex, row house or
townhouse and states no more than:
i. the name and address of the building;
ii. the name of the person(s) occupying the building.
p. the erection or construction or replacement of a deck or retaining wall or planters that are
less than 0.6 m (2 ft.) from grade, a patio, landscaping features such as planters, gardens,
planting of trees and shrubs, or fish ponds;
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q. the placement of signs in Commercial or Industrial Districts provided they are inside the
window or inside the building and does not exceed 1 m2 (10 ft.2) in area;
r. the erection or placement of signs posted or exhibited in or on an operating motor vehicle
if the vehicle is not temporarily or permanently parked solely for the purpose of displaying
the sign;
s. the erection or placement of a statutory or official notice or notice of a function of the
municipality;
t. extensive agriculture on lots 8.08 ha (20.0 ac.) or more in area in the Urban Reserve (UR)
District;
u. landscaping where the proposed grades will not adversely affect the subject or adjacent
properties, except where landscaping forms part of a development which requires a
development permit;
v. the demolition or removal of fences;
w. above ground pools and hot tubs; however, all private swimming pools or hot tubs equal
to or greater than 60.96 cm (24.0 inches) in height will require building and safety code
approval.
x. the storage or use of up to a maximum of 43.3 kg (95.0 lbs.) of propane on a residential
parcel for residential use. Of the 43.3 kg (95.0 lbs.) no tank larger than 15.9 kg (35.0 lbs.)
will be allowed without a development permit. The placement of more than 43.3 kg (95.0
lbs.) of propane on a residential parcel requires a development permit;
y. the demolition or removal of any building or structure for the erection of which a
development permit would not be required pursuant to PART 3.3.1(a) to (x).
4 | Non-Conforming Buildings and Uses
1) If a development permit has been issued on or before the day on which this Land Use Bylaw or an
amendment thereto comes into effect, and the Bylaw would make the development in respect of
which the permit was issued a non-conforming use or non-conforming building, the development
permit continues in effect in spite of the coming into force of the Bylaw or the amendment.
2) A non-conforming use of land or a non-conforming use of a building may be continued, but if that
use is discontinued for a period of six (6) consecutive months or more, any future use of the land
or building must conform to this Bylaw.
3) A non-conforming use of part of a building may, at the discretion of the Development Authority,
be extended throughout the building but the building, whether or not it is a non-conforming
building, may not be enlarged or added to and no structural alterations may be made thereto or
therein.
4) A non-conforming use of part of a lot or site may not be exceeded or transferred in whole or in
part to any other part of the lot or site and no additional buildings may be constructed upon the
lot or site while the non-conforming use continues.
5) A non-conforming building may continue to be used but the building may not be enlarged, added
to, rebuilt or structurally altered except:
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a. to make it a conforming building;
b. for the routine maintenance of the building, if the Development Authority considers it
necessary; or
c. in accordance with the powers possessed by the Development Authority pursuant to the
Act and Part 3.3 of this Bylaw to approve a development permit notwithstanding any non-
compliance with the regulations of this Bylaw.
6) If a non-conforming building is damaged or destroyed to the extent of more than 75 percent (75%)
of the value of the building above its foundation, the building may not be repaired or rebuilt except
in accordance with this Bylaw.
7) Except as noted in this Bylaw, the land use or the use of a building is not affected by a change of
ownership, tenancy, or occupancy of the land or building.
5 | Types of Development Permits
1) A development permit may be either permanent or temporary. A temporary permit must be issued
for a specific length of time, after which the permit will become void.
6 | Application Requirements
1) An application for a Development Permit for new construction or an addition or change of use of
an existing structure shall be made to the Development Officer using the prescribed form, signed
by the owner or their agent and accompanied by:
a. three (3) copies of the application form and site plan, drawn to scale, which show the
following:
i. legal description of the site with north arrow;
ii. area and dimensions of the land to be developed including the front, rear and side
yards if any;
iii. the boundaries of the site including any lots that may make up the site;
iv. all of the existing and proposed buildings on the site;
v. any provision for off-street loading, vehicle standing, and parking areas;
vi. access and egress points to the site;
vii. all underground utilities, above ground utilities and utilities rights-of-way, and
viii. where required by the Development Authority, a copy of a completed Alberta-one-
call sketch including proof of detection in order to verify the utility locations;
b. floor plans, elevation and exterior finishing materials;
c. locations and distances of on-site existing or proposed water and sewer connections,
including the elevations of same;
d. site drainage, existing lot grades, finished lot grades, the grades of the roads, streets and
sewers servicing the property;
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e. the height, dimensions, and relationship to property lines of all existing and proposed
buildings and structures including retaining walls, trees, landscaping and other physical
features;
f.
information on the method to be used for the supply of potable water and disposal of
wastes along with supporting documentation; and
g. where applicable, the cutting down or removal of trees;
h. on applications for signs, an illustration of the proposed sign drawn to scale;
i.
the estimated commencement and completion dates;
j.
a statement of ownership of the land and interest of the applicant therein;
k. the Development Permit fee as prescribed by Council.
2) In addition to the information required under Part 3.6.1, the Development Officer may also require
additional information in order to assess the conformity of a proposed development with this
Bylaw before consideration of the development permit application shall commence. Such
information may include:
a. for a relocated building or a manufactured home, pictures of the exterior of the building;
b. the location of existing and proposed municipal and private storm and sanitary sewage
collection and disposal, and water supply and distribution utilities, landscaped areas and
buffering and screening;
c. post construction site and building elevations;
d. landscaping plans, including the location of existing and proposed trees, shrubs, grassed
areas, fences, screenings, and outdoor furniture on the site and on adjacent boulevards
within road rights-of-way, and further,
e. drainage plans;
f.
the provision of parking and loading areas, including all dimensions and whether parking
requirements as per PART 11.23 of the Bylaw can be met on-site;
g. in a Residential District, the suggested location for a future driveway and garage or carport,
if the application itself does not include such buildings as part of the proposal;
h. future development plans for a site which is to be partially developed through the
applicable development permit;
i.
in the case of a proposed home occupation, information concerning the number of
employees, the location of any goods to be kept or stored, and an estimate of the number
of client visits to be expected to the site each week;
j.
in the case of the placement of an already constructed or partially constructed building on
a site, including a manufactured home, information relating to the age and condition of
the building and its compatibility with the District in which it is to be located, including
photographs of the building;
k. any other information or tests required by the Development Authority, at their discretion,
respecting the site or adjacent lands, including an environmental screening of the site;
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l.
a statutory declaration indicating that the information supplied is accurate; and
m. a Real Property Report, signed by an Alberta Land Surveyor, along with a signed
authorization form or letter from the Alberta Land Surveyor stating that the Development
Authority may utilize the Surveyor's Real Property Report for evaluating the compliance of
the proposed and existing development against all land use regulations relating to the use
and building(s) that is (are) the subject of the development permit application. The Real
Property Report will not be accepted if it is dated earlier than 6 months unless it is
accompanied by an Affidavit, signed by legal counsel or an Alberta Land Surveyor, stating
the Real Property Report accurately represents the existing developments on the lands.
n. In addition to the information requirements indicated in above, each application for multi-
family, commercial, industrial, recreational and institutional uses:
i. loading and parking provisions;
ii. access locations to and from the site;
iii. garbage and storage areas and the fencing and screening proposed for same; and
iv. location and approximate dimensions of all existing and proposed trees, shrubs,
parks, playgrounds, etc.;
v. a development impact assessment statement clearly describing how the potential
impacts of the proposed development on adjacent lands will be dealt with and
how the proposed facilities have been designed to minimize such disturbance.
3) In addition to the information requirements indicated in above, each application for industrial
development may be requested, at the discretion of the Development Officer, to be accompanied
by the following information:
a. type of industry;
b. estimated number of employees;
c. estimated water demand and anticipated source;
d. estimated gas demand and anticipated source;
e. type of effluent and method of treatment;
f.
type of air emissions and method of abatement;
g. estimated noise generated by the development and method of abatement;
h. estimated light generated by the development and (if necessary) method of abatement;
i.
transportation routes to be used and estimated traffic impact;
j.
reason for specific location;
k. means of solid waste disposal;
l.
any accessory works required (pipeline, railway spurs, power lines, etc.);
m. anticipated residence location of employees;
n. municipal servicing costs associated with the development;
o. physical suitability of site with respect to soils, slopes and drainage;
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p. if a subdivision is involved, the size and number of parcels and proposed phasing (if any);
q. servicing requirements and provisions for meeting them; and
r. costs associated with providing new or upgraded municipal services associated with the
development;
and/or any other information as may be reasonably required by the Development Authority.
4) In addition to the information requirements indicated in PART 3.6(1) to (3), the Development
Officer may require for a proposed industrial use the provision of environmental assessment
information and a risk assessment to assist the municipality in assessing the effect of the proposed
development in relation to the natural and human environments, and indicate both if and how any
negative matters can be mitigated.
5) In addition to any or all of the information required under PART 3.6(1) & (2) of this Bylaw, each
application for a commercial or recreational development may be required, at the discretion of the
Development Officer, to be accompanied by the following information:
a. physical suitability of site with respect to soils, slopes and drainage;
b. the size and number of parcels and proposed phasing (if any);
c. servicing requirements and provisions for meeting them;
d. estimated water demand and anticipated source;
e. estimated gas demand and anticipated source;
f.
type of air emissions and method of abatement;
g. estimated noise generated by the development and method of abatement;
h. estimated light generated by the development and (if necessary) method of abatement;
i.
costs associated with providing new or upgraded municipal services associated with the
development;
j.
the requirements and provisions for employee and customer parking and for site access;
k. a landscaping plan;
l.
cross-sections and elevations for each building;
m. a list of proposed uses; and
n. transportation routes and estimated traffic impact.
6) In addition to the information requirements indicated in PART 3.6(1) & (2), each application for a
sign may be accompanied by additional information at the discretion of the Development Officer,
including, but not limited to:
a. the location of the sign, by elevation drawing, or lot plan as is required by the Development
Officer;
b. all dimensions of the sign, including height and any projections from a structure;
c. the manner of illuminating the sign and the form of animated or intermittent lights, if any,
that may be embodied in, on, under, over, or around the sign;
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d. the appropriate fee as established by Council.
7) The Development Officer may require additional information or additional copies of the plan and
specifications as is deemed necessary.
8) Notwithstanding any other provisions of this Bylaw to the contrary, the Development Authority
may refuse to accept an application for a development permit where, in their opinion, the
information supplied by the applicant in accordance with Part 3.6 is insufficient or of insufficient
quality to properly evaluate the application. If this is the case, the Development Authority shall
notify the applicant in writing of any deficiencies in the application. The time period for
consideration of a development permit application shall not commence until the Development
Authority is satisfied, in their opinion, that the development permit application is complete.
9) Notwithstanding any other provisions of this Bylaw to the contrary, the Development Authority
may make a decision on a development permit application without all of the information required
by Part 3.6 or where, in their opinion, the information supplied by the applicant is sufficient to
properly evaluate the application.
7 |
Permission for Demolition
1) The demolition of any structure must be done in accordance with the Alberta Building Code and
Canadian Standards Association Standard S350-M1980, "Code of Practice for Safety in Demolition
of Structures" and/or any subsequent Alberta Building Code or Canadian Standards Association
Standards.
2) In addition to the requirements of Part 3.6 of this Bylaw, an application for a development permit
for the demolition of a building shall include the following information:
a. the value of the building;
b. the alternatives to demolition if the building is of historic or architectural value;
c. the purpose of the building demolition and the type of structure to replace the demolished
building, if applicable;
d. a work schedule of the demolition and site clean-up (the sequence of demolition must be
such that at no time will a wall or a portion of a wall be left standing unsupported in an
unstable condition or in danger of accidental collapse);
e. the destination of debris materials;
f.
where redevelopment of the site is proposed, the length of time before the site is to be
redeveloped and treatment of the site after demolition but prior to development (if
materials are to be stored on site, a site plan will be required indicating the location of such
materials in relation to property lines and other buildings);
g. a copy of the original development approval including building permits where applicable;
h. the form of demolition to be used (heavy equipment or by hand);
i.
the method whereby public safety is to be protected (normally a fence that is at least 1.8
m (5.9 ft.) in height is required around the excavation or structure to be demolished);
j.
an indication that all utility services to the site and/or the building have been disconnected
to the satisfaction of the Development Authority;
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k. an indication that buildings on adjoining properties have been considered to ensure that
damage will not occur to them or their foundations from the demolition;
l.
where a fire safety plan is required, an indication that the local Fire Chief has been
consulted for determining the fire safety plan required; and
m. an indication that any tanks containing flammable or combustible liquids will be removed
before demolition begins and be purged of inert materials to the satisfaction of the
Development Authority and any other applicable provincial agencies.
3) Before consideration of a development permit application for demolition, the Development
Authority may also require the applicant to complete:
a. a Hazardous Materials Assessment Report, and/or
b. any phase of an environmental site assessment in order to determine whether the site is
contaminated and the mitigation measures necessary to eliminate such contamination.
4) As a condition of approving a development permit for the demolition of a building, the
Development Authority may, in addition to other requirements, require that the applicant
undertake any and all actions the Development Authority deems necessary to ensure the complete
and safe demolition of the building, disposal of materials and debris, and site clean-up.
8 |
Relocation of Buildings
1) Where a Development Permit is applied for to relocate any building either on the same site or
another site, the Development Officer may require the applicant to provide the following in
addition to the requirements specified in Part 3.6:
a. a recent photograph of the building to be moved.
b. the existing location of the building to be moved;
c. information regarding the condition of the building;
d. information regarding the method, route and timing of the proposed relocation; and
e. any other information deemed necessary.
2) The Development Authority may require a Safety Codes Officer's inspection and report on the
structural soundness and integrity of the building to be submitted prior to considering the
application.
3) Where a development permit has been granted for the relocation of a building either on the same
site or from another site, the approving authority shall require the applicant to provide a letter of
credit of an amount equivalent to the cost of completion of any exterior renovations or $2500,
whichever is the greater set out as a condition of approval of a permit.
4) The applicant shall be required to indemnify the municipality against any damages that may occur
to any public utilities as a result of the relocation. A performance bond, or deposit of cash or letter
of credit in the amount of $5,000 and proof of the moving company's liability insurance will be
required prior to the structure entering the Village limits.
5) Whenever relocation is carried out, the person causing the same to be made shall, at their own
expense, protect from displacement any wall, sidewalk or roadway liable to be affected by such
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relocation, and shall sustain, protect and underpin the same so that they will remain in the same
condition as before the relocation was commenced.
6) The applicant shall notify the Village of Longview in writing of the route and times for moving the
building at least 24 hours prior to commencing to move the building into the Village.
7) The approved relocated building shall not be moved into the Village of Longview until such time as
the new foundation has been inspected and approved by the Safety Codes Officer.
8) The design, character and appearance of the relocated building proposed to be located in a District
must be acceptable to the Approving authority in that it shall complement and conform to the
character, design, and appearance of existing adjacent development, the existing streetscape and
the district as a whole.
9) All exterior renovations and landscaping must be completed within one (1) year of the issuance of
the Development Permit.
9 |
Referral of Applications
1) Historical Resource
a. Historical or archaeological sites identified pursuant to the Alberta Historical Resources
Act, R.S.A. 2000, as amended shall be protected in accordance with Provincial legislation
and regulations.
b. In addition to any sites identified in PART 3.7, an application for a development permit that
may impact any historical or archaeological site identified pursuant to PART 3.7 within the
Village should be submitted to Alberta Culture and Tourism for comment prior to a
development permit being issued.
2) Development permit applications within 804.7 m (2,640.0 ft.) of the right-of-way of a highway may,
at the discretion of the Development Authority, be referred to Alberta Transportation for
comments prior to a development permit being issued.
3) Adjacent Municipalities
a. All subdivision proposals and all applications for discretionary development permits which
are, in the opinion of the Development Authority, significant, within 1.6 km (1.0 mile) of
adjacent municipalities shall be referred to the adjacent municipality for comment prior to
a development permit being issued or a subdivision being approved.
4) Prior to making a decision, the Development Authority may, at its discretion, refer any
development permit application to any municipal department or other external agency for
comment.
10 | Issuance of Permits
1) A Development Permit issued pursuant to this Bylaw is not a Building Permit and, notwithstanding
that plans and specifications for buildings may have been submitted as part of an application for a
Development Permit, work or construction shall neither commence nor proceed until permits
under the Alberta Building and Safety Codes Act have been issued pursuant to applicable bylaws
and regulations.
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PART 3
2) Permitted Use Applications
a. Upon receipt of a completed application for a development permit for a permitted use,
the Development Officer shall review the application and may (prior to making a decision)
refer the application to any municipal department or external agency for comment.
b. The Development Officer shall approve, with or without conditions, an application for a
permitted use where the proposed development conforms to this Bylaw. and may:
i. refuse to issue a development permit for a building or use on any site where it
would otherwise be permitted under the Land Use Bylaw if, in the opinion of the
Development Authority, satisfactory arrangements have not been made by the
developer to provide on and off site servicing improvements required to facilitate
the development, giving reasons for the refusal; or
ii. issue a temporary development permit where, in the opinion of the Development
Officer, the proposed use is of a temporary nature. When issuing a temporary
development permit, the expiry date for the permit shall be clearly indicated on
the notice of decision.
3) Discretionary Use Applications
a. Upon receipt of a completed application for a development permit for a discretionary use,
the Development Officer shall review the application and may (prior to making a decision)
refer the application to any municipal department or external agency for comment.
b. The Development Authority shall approve, with or without conditions, or refuse the
application, giving reasons for the refusal; and
c. Issue a temporary development permit where, in the opinion of the Development Officer,
the proposed use is of a temporary nature. When issuing a temporary development
permit, the expiry date for the permit shall be clearly indicated on the notice of decision.
4) A person to whom a development permit has been issued shall obtain from the appropriate
authority, where required, permits relating to building, grades, sewers, water mains, electricity and
highways, and all other permits required in connection with the proposed development.
5) The applicant shall be financially responsible during construction for any damage by the applicant,
their servants, their suppliers, agents or contractors to any public or private property.
6) The applicant shall prevent excess soil or debris from being spilled on public roads, lanes and
sidewalks, and shall not place soil or any other materials on an adjacent parcel without permission
in writing from the adjacent property owners.
7) Parts 3.10 may be enforced pursuant to Part 9 of this Bylaw. Any costs incurred as a result of
neglect to public property may be collected where financial guarantees have been required
pursuant to Part 3 of this Bylaw.
8) No building shall be occupied or utilized until the conditions of the development permit have been
satisfied and copies of all required building and safety codes permits have been provided to the
Development Officer.
9) Where any use is proposed which is not specifically shown in any land use district but is, in the
opinion of the Development Authority, similar in character, intent and purpose to other uses of
land and buildings provided by the Bylaw in the land use district in which such use is proposed, the
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Development Authority may, if requested by the applicant, rule that the proposed use is a
discretionary use in the land use district in which such use is proposed.
10) Where an application for a use which is neither a permitted nor a discretionary use is received by
the Development Officer, the Development Officer shall refuse the application stating reasons for
the decision.
11 | Variance Provisions
1) The Development Officer may, where specified in the district regulations, approve or conditionally
approve an application for a development that 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;
ii. materially interfere with or affect the use, enjoyment, or value of neighbouring
properties; and
iii. the proposed development conforms with the use prescribed for that land or
building in this Bylaw.
12 | Notice of Decision
1) When a development permit has been issued for a permitted use and no variance to any regulation
has been granted as provided for by Part 3.11 of this Bylaw, the Development Authority shall within
five (5) working days after a decision on a development permit application send a notice by regular
mail of the decision to the applicant and post a notice in a place available to public view in the
Village office, indicating the disposition of the application. Mailing the notice is not required when
an applicant picks up a copy of the decision.
2) In addition to Part 3.11(1), within five (5) working days after a decision on a development permit
application for a discretionary use or after a variance has been granted, the Development Officer
shall:
a. send notice by regular mail (or by electronic mail if agreed to in advance by the applicant)
to all affected adjacent land owners, as identified on Village of Longview Assessment Roll,
to provide notice of the decision and right of appeal; and
b. post notice of the decision on the Village's website; and
c. send notice by regular mail (or by electronic mail if agreed to in advance by the applicant)
to any other landowner, business, agency, adjacent municipality, person, group,
organization or similar body that the Development Authority deems may be affected to
provide notice of the decision and right of appeal; or
d. within ten (10) days of the date such a development permit is issued, publish a notice of
the decision in a newspaper circulating in the municipality for two (2) consecutive weeks.
3) The notice indicated in Parts 3.12(1) and (2) shall state:
a. the legal description and the street address of the site of the proposed development,
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b. the uses proposed for the subject development,
c. any discretion that was granted in the approval of the development, whether by use or by
interpretation of this Bylaw, and any variation or relaxation in regulation that was made by
the Development Authority when the development permit was approved,
d. the date the development permit was issued, and
e. how an appeal might be made to the Subdivision and Development Appeal Board and the
deadline for such appeal.
4) When an application for a development permit is refused, the Notice of Decision shall be sent by
ordinary mail to the applicant and contain the reasons for the decision.
5) For purposes of this Bylaw, Notice of Decision of the Development Officer on an application for a
Development Permit is deemed to have been given and to have been received:
a. by the applicant in the case of a decision of approval or refusal on an application for a
development permit, five (5) days from the date that Notice of Decision is sent by ordinary
mail to the applicant.
b. by an adjacent land owner in the case of a notice of decision of approval on an application
for a development permit, five (5) days from the date of the Notice of Decision sent by
ordinary mail, or the date contained on the Notice posted on the site or the date the Notice
of Decision appears newspaper, whichever is the latter.
6) An appeal must be filed by serving written notice of the appeal to the Secretary of the Subdivision
and Development Appeal Board within nineteen (19) days (14 days and 5 days for mail delivery) of:
a. the date the decision, notice, or order was transmitted, advertised or issued; or
b. if no decision is made with respect to the application within the 40-day period or within
any extension issued under Section 684 of the Act.
7) When an appeal is made pursuant to the Act, a Development Permit which has been approved
shall not be issued unless and until the decision of the Development Officer has been upheld by
the Subdivision and Development Appeal Board.
8) A completed application for a development permit shall, at the option of the applicant, be deemed
to be refused when a decision thereon is not made by the Development Authority within forty (40)
days after receipt of the application by the Development Authority unless the applicant has entered
into a written agreement with the Development Authority to extend the forty (40) day period. The
person claiming to be affected may appeal in writing as provided for in Part 6 of this Bylaw as
though they have received a refusal at the end of the forty (40) day period or any agreed-to
extension thereof as specified in Part 6 of this Bylaw.
9) When an application for a Development Permit has been refused pursuant to this Bylaw or
ultimately after appeal pursuant to the Act, the submission of another application for development
permit on the same parcel of land for the same or for a similar use of the land by the same or any
other applicant need not be accepted by the Development Office for at least six (6) months after
the date of refusal.
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13 | Notice of Complete or Incomplete Application
1) The Development Authority Officer shall, within 20 days of the receipt of an application for a
development permit, determine whether the application is complete.
2) The time period referred to in Part 3.13.1 may be extended by an agreement in writing between
the applicant and the Development Authority Officer.
3) An application is complete if, in the opinion of the Development Authority Officer, the application
contains the documents and other information necessary to review the application.
4) If a Development Authority Officer determines that the application is complete, the Development
Authority Officer shall issue to the applicant, by means of posted letter or electronic notification,
an acknowledgment that the application is complete.
5) If the Development Authority Officer determines that the application is incomplete, the
Development Authority Officer shall issue, to the applicant a notice, in writing or electronically,
that the application is incomplete. This notice shall list any outstanding documents and information
required to review the application, and provide a date by which the documents or information
must be submitted in order for the application to be considered complete.
6) The Development Authority Officer must deem an application to be refused if the Development
Authority does not receive the outstanding information and documents on or before the date
referred to in Part 3.13.
7) Despite that the Development Authority Officer has issued an acknowledgment under Parts 3.13.4
or 3.13.5, in the course of reviewing the application, the Development Authority Officer may
request additional information or documentation from the applicant that the Development
Authority Officer considers necessary to review the application.
8) A permit granted pursuant to this Bylaw does not come into effect until twenty-two (22) days after
the date a decision or development permit is publicized as described in Parts 3.13.3 and 3.13.4.
Any development proceeded with by the applicant prior to the expiry of this period is done solely
at the risk of the applicant.
9) When a development permit has been issued for a permitted use and for a development which
complies with all of the regulations of this Bylaw, the Development Authority shall immediately
post a notice of the decision conspicuously in the Town municipal office for a period of twenty-one
(21) days."
14 | Expiry, or Cancellation of a Development Permit
1) A development permit shall lapse after one (1) year from the date of issuance unless the
development authorized has been commenced and significant development continues on the site.
1) The Development Officer and the applicant may enter into a written agreement to extend the time
period specified in Parts 3.13(1).
2) Where an application for a development permit is submitted whereby the development would
occur in stages over a time period exceeding one (1) year, the Development Officer may:
a. issue a permit for the entire development upon submission of satisfactory information as
to the proposed staging and corresponding time frame of each stage;
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PART 3
b. notwithstanding Parts 3.13(1) or (2), extend the permit on an annual basis up to a maximum
period of five (5) years from the original date of permit issue provided:
i. no change in the original development application as approved is proposed;
ii. no significant change in the Land Use Bylaw affecting the development is deemed
to have occurred; and
iii. no change in the ownership of those lands proposed to be developed has occurred
since the original date of permit issue.
3) Applications for extension must be accompanied by the appropriate fee as determined by Council
resolution.
4) Notwithstanding any other provisions of this Bylaw to the contrary, if the Development Authority
discovers that a decision made on a development permit application was either:
a. incorrect, that is, not in compliance with the provisions and requirements of this Bylaw, or
b. based on information which was subsequently determined to be incorrect or
misunderstood by the Development Authority,
5) The Development Authority may rescind the approval of the development permit. In such a
circumstance, the appeal period provided for under Part 6 of this Bylaw begins from the date the
applicant is advised that the permit approval has been rescinded.
6) Whenever it appears to the Development Officer that a Development Permit has been obtained by
fraud or misrepresentation or has been issued in error, the Development Officer may suspend or
cancel the Development Permit.
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PART 4
PART 4 - Subdivision
1 | Application Requirements
1) An application for subdivision approval shall be made to the Subdivision Officer using the
prescribed form, signed by the owner or their agent.
The application shall be provided to the Subdivision officer electronically in Adobe PDF format.
Additionally, one (1) paper copy bearing an original signature of the completed application shall
also be provided.
The application shall include the following:
a. a sketch or plan of the proposed subdivision (drawn to scale) showing the following
i. the location, dimensions and boundaries of the parcel to be subdivided;
ii. the proposed lot(s) to be registered in a Land Titles Office;
iii. the location, dimensions and boundaries of each new lot to be created (drawn to
scale), and any reserve land;
iv. existing rights-of-way of each public utility, or other rights- of-way;
v. the location, use and dimensions of buildings on the parcel that is the subject of
the application and specifying those buildings that are proposed to be demolished
or moved;
vi. the location and boundaries of the bed and shore of any river, stream,
watercourse, lake or other body of water that is contained within or bounds the
proposed parcel of land;
vii. the location of any existing or proposed wells, any private sewage disposal systems
and the distance from these to existing or proposed buildings and existing or
proposed lot lines; and
viii. existing and proposed access and egress to the proposed lot(s) and the remainder
of the parcel.
b. current title searches or copies of the existing registered titles in the Land Titles Office,
showing all ownership interests and easements within the parcel to be subdivided;
c. a Real Property Report if the parcel contains existing buildings that will remain;
d. location of active and abandoned pipelines and wells;
e. an orthophoto of the site and surrounding area; and
f.
any other information requested by the Subdivision Authority for the purpose of assessing
the suitability of the site for the proposed use.
2) In addition to the information required under Part 4.1.1, the following information for multi-lot
residential, commercial, highway commercial, and industrial land uses may be required at the
discretion of the Subdivision Officer:
a. an Area Structure Plan for sites larger than 20 ac. (6.06 ha) at full build out;
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PART 4
b. a phase I and/or phase 2 environmental assessment and if required, a reclamation plan for
the site which delineates the area of contamination, the time frame for remediation and
the costs of the remediation program.
c. a wetland assessment prepared by a qualified wetland professional
d. a geotechnical assessment, prepared by a qualified professional, on the subsurface
characteristics of the site's suitability to:
i. sustain sewage disposal systems if the intended use is not to be served by a piped
municipal wastewater system;
ii. support building foundations and withstand slumping or subsidence on lands
suspected of having foundation problems;
e. statistics in tabular form showing calculations of the gross area of land in the plan area and
the allocation of that land to streets, lanes, lots, Municipal Reserve, Municipal and School
Reserve, School Reserve, and Environmental Reserve;
f.
where a lot is proposed to be subdivided from a larger parcel, the whole of which may
eventually be subdivided, and no outline plan or Area Structure Plan has been requested
by the Village, the general design of the larger parcel shall be shown;
g. a plan showing resources such as trees, ravines, views and other similar natural features
which are influential to the subdivision of the area.
3) An appraisal of the market value of the land when money in place of land dedication for municipal
reserve is proposed. The appraisal must be prepared in accordance with the Act and must be
submitted with the application.
4) An Historical Resources Impact Assessment on lands that have been identified or suspected as
containing a Registered Historical Resource or within 60 metres of public lands set aside for use as
historical sites.
2 | Issuance of Decision
1) A decision on an application for subdivision approval is not an approval to develop, construct or
build on the land. Site grading, earthwork, or any other construction shall not commence nor
proceed until a development agreement has been signed or a development permit has been
applied for and issued.
2) When an application for a subdivision is approved, with or without conditions, or refused, the
Notice of Decision shall be sent by ordinary mail to the applicant and those persons and authorities
that are required to be given a copy of the application under the Subdivision and Development
Regulations.
3) For purposes of this Bylaw, the date of Notice of Decision of the Subdivision Approval Authority on
an application for subdivision is the date the decision was transmitted to the applicant and those
persons required to be notified in Part 4.2.2.
4) The applicant or those Government agencies to which the application for subdivision was referred
may appeal the decision in accordance with Part 6 of this Bylaw.
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PART 4
5) An application for a subdivision approval shall, at the option of the applicant, be deemed to be
refused when a decision therein is not made within twenty-one (21) days for an application
described in Section 652(4) of the Act, and sixty (60) days in all other cases after the receipt of the
application in its complete and final form by the Subdivision Officer unless the applicant has
entered into a written agreement with the Subdivision Authority to extend this period. The
applicant may appeal in writing as provided in the Act as though the applicant had received a
decision of refusal.
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PART 5
PART 5 - CONDITIONS OF APPROVAL
1 | Subdivision and Development
1) In their decision to approve an application for subdivision or development, the Subdivision
Approval Authority may apply any or all of the following conditions to ensure the application
conforms to this Bylaw, Act or other legislation and to ensure the orderly and economic
development of land within the Village:
a. conditions to ensure compliance with the Act, applicable Regulations, any applicable
statutory plan and this bylaw;
b. conditions requiring the applicant to enter into a development or service agreement or
make satisfactory arrangements for the supply of gas, water, electric power, telephone,
sanitary sewer service, stormwater, vehicular and pedestrian access any other utility,
service, or facility, including payment of installation or construction costs by the applicant;
c. a condition that the applicant enter into an agreement with the Municipality for any of the
following:
i. to construct or pay for the construction or improvement of a public roadway
required to give access to the development or subdivision:
ii. to construct or pay for the construction of a pedestrian walkway system to serve
the development; or a pedestrian walkway that will connect the pedestrian
walkway system serving the development or subdivision with a pedestrian
walkway system that serves or is proposed to serve an adjacent system that serves
or is proposed to serve an adjacent development or subdivision, or both;
iii. to specify the location, standard, and number of vehicular and pedestrian access
locations to a site from public roadways;
iv. to install or pay for the installation of utilities to municipal standards necessary to
serve the development or subdivision;
v. to construct or pay for utilities, roadways, and improvements with an excess
capacity;
vi. to construct or pay for the construction of off-street or other parking facilities, and
garbage, recycling, loading and unloading facilities; and
vii. to pay an off-site levy or redevelopment levy, or both, imposed by a bylaw adopted
pursuant to the Act.
d. a condition requiring the applicant to repair or reinstate, or to pay for the repair or
reinstatement, to original condition any roads, municipal signage, curbing, sidewalk,
boulevard landscaping and tree planting which may be damaged, destroyed, or otherwise
harmed during construction of the development or subdivision;
e. a condition requiring security in the form of a letter of credit, performance bond, or cash
deposit to carry out the terms of an agreement or any works associated with the
installation and construction of streets, utilities, and landscaping or replacement of same
for the development of the lot and adjacent public roadways during and after its
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PART 5
development. The amount of at least 50%, of the value of the work which is based upon
an independent quotation of the value of the work covered by the agreement or such other
amount as the Development Officer, Subdivision Approval Authority or Council may
determine. The security is to be paid to the Municipality for its use in completing the terms
of the agreement or works in the event of default by the applicant;
f.
condition requiring a performance security in the amount of One Thousand ($1000) dollars
for the completion of any new residential building, Twenty Five Hundred ($2500) dollars
for commercial or industrial building or Five Hundred ($500) for a residential garage,
accessory building over 9.3 m2 (100 ft.2) dwelling addition. new deck or balcony in order
to ensure completion of either or all of the following: the exterior finish of the buildings,
landscaping features and/or paving of the parking areas;
g. conditions respecting the time within which a development or subdivision or any part of it
is to be completed; and conditions limiting the length of time that a development permit
may continue in effect;
h. a condition requiring the applicant to register a restrictive covenant;
i.
the phasing of development or subdivision;
j.
the maximum density of dwelling units, persons, or animals that may be allowed to occupy
the site;
k. the placement of objects, buildings or structures, material or any other chattel, mechanism
or device used in, for or the operation of the development.
2) The Municipality may register a caveat in respect of a development agreement under Part 5.1.1(b)
against the parcel that is subject of the development permit or subdivision application. The caveat
may be discharged when the agreement has been complied with.
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PART 6
PART 6 - appeals
1 | Appeal procedure
1) Where the Development Officer, Subdivision Officer or Subdivision Approval Authority:
a. refuses an application for a development permit, or a subdivision; or
b. fails to issue or render a decision on an application for a development permit or subdivision
within the timeframe mandated within the Subdivision and Development Regulation and
no extension to that timeframe has been granted; or
c. approves an application for a development permit for a permitted use where a variance
has been requested or a discretionary use with or without conditions; or
d. or subdivision, with or without conditions; or
e. issues an order;
the following persons may appeal to the Subdivision and Development Appeal Board:
a. the applicant for development or subdivision approval;
b. any person affected by an order, or decision on a development permit:
c. an adjacent landowner that was given notice pursuant to Part 3.9 on a decision to issue a
development permit;
d. a school authority with respect to the allocation of municipal of school reserve on a
decision to approve an application for subdivision;
e. those authorities and agencies to which the application for development permit or
subdivision was referred and are entitled to appeal, under the provisions of the Act.
2) Notwithstanding Part 6.1.1, no appeal lies to the Subdivision and Development Appeal Board in
respect to:
a. the issuance of a development permit for a permitted use unless the provisions of this
Bylaw were relaxed, varied or misinterpreted; and
b. the issuance of a development permit by Council in a Direct Control District; and
c. the decision or deemed refusal on an application for subdivision if the land is located within
a distance, as set out in the Subdivision and Development Regulations, of a highway, body
of water, sewage treatment or wastewater management facility, in which cases an appeal
must be filed with the Municipal Government Board;
3) An appeal must be filed by serving written notice of the appeal to the Secretary of the Subdivision
and Development Appeal Board within nineteen (19) days (14 days and 5 days for mail delivery) of:
a. the date the decision, notice, or order was transmitted, advertised or issued; or
b. if no decision is made with respect to the application within the 40-day period or within
any extension issued under Section 684 of the Act.
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PART 6
4) Each notice of appeal shall be accompanied by a fee as set by Council and shall contain at least one
reason for appeal.
2 | Appeal Hearing
1) Within thirty (30) days of receipt of a notice of appeal, the Subdivision and Development Appeal
Board shall hold an appeal hearing respecting the appeal. The thirty (30) day appeal period may be
extended, subject to the written consent of the appellant, the development permit applicant (if
different than the appellant), and the Development Officer.
2) The Subdivision and Development Appeal Board shall give at least five (5) days' notice in writing of
the appeal hearing to:
a. the appellant;
b. the Development Officer from whose order, decision or development permit the appeal is
made;
c. the applicant and/or landowner(s);
d. those adjacent land owners who were notified under this Bylaw and any other person who,
in the opinion of the Subdivision and Development Appeal Board, are affected by the order,
decision or permit; and
e. such other persons as the Subdivision and Development Appeal Board specifies.
3) All relevant documents and materials respecting the appeal including the application for the
subdivision or development permit, the Subdivision or Development Authority's decision, the letter
of appeal, or the order of the Development Officer, shall be made available for public inspection.
4) At the appeal hearing referred to in Part 6, the Subdivision and Development Appeal Board shall
hear:
a. the appellant or any other person acting on their behalf;
b. the Development Officer from whose order, decision or development permit the appeal is
made, or if a person is designated to act on behalf of the Development Officer, that person;
c. any other person who was served with notice of the hearing pursuant to Part 6.1 and who
wishes to be heard or a person acting on their behalf; and
d. any other person who claims to be affected by the order, decision or permit and that the
Subdivision and Development Appeal Board agrees to hear or a person acting on their
behalf.
3 | Appeal Decision
1) In determining an appeal, the Subdivision and Development Appeal Board:
a. must have due regard for any applicable statutory plans;
b. must conform to the use of land referred to in the land use bylaw;
c. must be consistent with the Province's Land Use Policies, the South Saskatchewan Regional
Plan, and any other approved regional plan (if applicable);
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PART 6
d. must have regard for, but is not bound by, the Subdivision and Development Regulation;
e. may confirm, revoke or vary the approval or decision or any condition imposed by the
subdivision or development authority or make or substitute an approval, decision or
condition of its own;
f.
may make and order or decision or issue or confirm the issue of a development permit
even though the proposed development does not comply with the land use bylaw if, in its
opinion:
i. the proposed development would not:
1. Unduly interfere with the amenities of the neighbourhood; or
2. Materially interfere with the use, enjoyment or value of neighbouring
parcels of land; and
3. The proposed development conforms to the use prescribed for that land
or building in the land use bylaw.
2) The Subdivision and Development Appeal Board must give its decision in writing together with
reasons for the decision within fifteen (15) days of the conclusion of the hearing.
3) A decision made under this part of the Bylaw is final and binding on all parties and all persons
subject only to an appeal upon a question of jurisdiction or law pursuant to the Act. An application
for leave to the Court of Appeal shall be made:
a. to a judge of the Court of Appeal; and
b. within thirty (30) days after the issuance of the order, decision, permit or approval sought
to be appealed.
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PART 7
PART 7 - Compliance with other Bylaws and Regulations
1 | Compliance
1) Compliance with the requirements of this Bylaw or the issuance of a Development Permit or an
approval of a subdivision pursuant to this Bylaw does not afford relief from compliance with the
Act or other Federal or Provincial Government legislation or other bylaws and regulations affecting
the development or subdivision in question. It is the applicant's responsibility to ensure that all
required permits, licenses and authorizations from affected authorities are in place prior to the
commencement of the development.
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PART 8
PART 8 - Right of Entry
1 | Municipal Government Act
1) Right of Entry procedures are governed by the Municipal Government Act and must be consulted
for full details. The following extract of Section 541 is provided for information purposes only:
542(1) If this or any other enactment or a bylaw authorizes or requires anything to be inspected,
remedied, enforced or done by a municipality, a designated officer of the municipality may,
after giving reasonable notice to the owner or occupier of land or the structure to be
entered to carry out the inspection, remedy, enforcement or action,
(a)
enter on that land or structure at any reasonable time, and carry out the 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.
(1.1)
A consent signed under section 653 is deemed to be a reasonable notice for the purposes
of subsection (1).
(2)
The designated officer must display or produce on request identification showing that the
person is authorized to make the entry.
(3)
In an emergency or in extraordinary circumstances, the designated officer need not give
reasonable notice or enter at a reasonable hour and may do the things in subsection (1)(a)
and (c) without the consent of the owner or occupant.
(4)
Nothing in this section authorizes the municipality to remedy the contravention of an
enactment or bylaw.
2) The Administrator, Bylaw Enforcement Officer, Development Officer, Subdivision Officer, or such
other designated person, is the designated person for the purposes of Part 8.1.1.
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PART 9
PART 9 - Bylaw Contravention
1 | Contravention
1) If the Development Officer finds that a development or use of land or buildings is not in accordance
with:
a. the Act or the regulations made thereunder, or;
b. a development permit or subdivision approval, or
c. the Village of Longview Land Use Bylaw;
the Development Officer may, by notice in writing, order the owner, the person in possession of
the land or buildings, or the person responsible for the contravention, or all or any of them to:
i. stop the development or use of the land or buildings in whole or in part as directed
by the notice, and/or
ii. demolish, remove or replace the development, and/or
iii. take such other measures as are specified in the notice so that the development
or use of the land or buildings is in accordance with the Act, the regulations made
thereunder, a development permit, subdivision approval or this Bylaw, as the case
may be.
2) A person who receives an order referred to in Part 9.1, may appeal to the Subdivision and
Development Appeal Board, pursuant to the Act.
3) If a person fails or refuses to comply with an order directed to him under Part 9.1, or an order of a
Subdivision and Development Appeal Board within the time specified, the Development Officer
may, in accordance with Section 542 of the Municipal Government Act, enter on the land or
building and take any action as is necessary to carry out the order.
4) A person found guilty of an offence is liable to a fine of not more than $10,000.00 or to
imprisonment for not more than one (1) year, or to both fine and imprisonment, pursuant to
Section 566 of the Act.
5) When the Development Officer carries out an order, Council shall cause the costs and expenses
incurred in carrying out the order to be placed on the tax roll as an additional tax against the
property concerned, and that amount shall be collected in the same manner as taxes on land.
6) In addition to the process and penalties described above, the Development Authority or any other
person identified as a designated officer by the Council for the purposes of this Part, shall be
authorized to issue violation tickets in respect to any contravention of this Bylaw.
2 | Violation Tickets
1) The Development Authority or any other person identified as a designated officer by the Council
for the purposes of this Part, may issue a violation ticket to any person alleged to have breached
any provision of this Bylaw.
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PART 9
2) The violation ticket shall specify the alleged offence committed by the person to whom the
violation ticket is issued and require payment, within 21 days from the date of issue of the violation
ticket, of a fine to the municipality.
3) Persons contravening any provision of this Bylaw to whom violation tickets are issued shall be liable
for a penalty of one hundred ($100.00) dollars for the first offence and two hundred ($200.00)
dollars for second and subsequent offences, such fine to be paid to the Village of Longview. Each
day that a breach of the Bylaw has occurred may be considered to be a separate offence.
4) The violation ticket shall be served upon the alleged offender personally or by single registered
mail. If payment is made within the time limit, then such payment shall be accepted in lieu of
prosecution for the offence.
5) If a person who has been served with a violation ticket fails to pay the fine specified therein, then
the right of the alleged offender to settle the alleged offence without a court appearance shall no
longer apply and prosecution for the alleged offence shall proceed.
6) If the person who was served with the violation ticket is thereafter prosecuted and convicted of
the offence specified in the violation ticket, the fine imposed shall not be less than $125.00, plus
court costs, for each offence.
7) The Violations Ticket shall be in the form prescribed by Alberta Regulation 233/1989 (Procedures
Regulation), as amended, pursuant to the Provincial Offences Procedures Act, R.S.A. 2000, as
amended.
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PART10
PART 10 - Land Use Bylaw Amendments
1 | Initiation
1) The Council may initiate amendments to this Bylaw.
2) A person may request an amendment to this Bylaw by applying in writing, furnishing reasons in
support of the application and paying the fee in accordance with a fee schedule as prescribed by
Council.
2 | Procedure
1) All applications for amendment to the Land Use Bylaw shall be made to Council through the
Administrator and shall be accompanied by the following:
a. the prescribed form;
b. an application fee for each application;
c. current Certificate of Title for the land affected or other documents satisfactory to the
Administrator including evidence of the applicant's interest in the said land;
d. any drawing(s) required to be submitted shall be drawn to scale and accurately
dimensioned to the satisfaction of the Administrator;
e. properly dimensioned vicinity maps of appropriate scale indicating the site to be amended,
its relationship to existing land uses within a 90 metre (295 ft.) radius of the boundaries of
the site and any prominent geographic or natural features;
f.
a statement of the purpose and reasons for the proposed amendments;
g. where the applicant is an agent acting for the owner, a letter from the owner(s) must be
provided verifying the agent's authority to make the application;
h. authorization for right of entry onto the land by designated officers;
i.
any other information deemed necessary by the Development Authority or by Council
2) In addition to the information provided in Part 10.2.1, the Administrator, at their sole discretion,
may request the applicant to provide:
a. an Area Structure Plan or Outline Plan as part of the application requirements that must
be formally considered and adopted at the discretion of Council prior to formal adoption
of the proposed bylaw amendment;
b. supporting engineering studies such as but not limited to:
i. a Traffic Impact Assessment;
ii. geophysical or hydrological report;
iii. wetland assessment;
iv. environmental assessment;
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PART10
v. slope stability study and/or flood hazard study;
vi. biophysical report
vii. historic resources assessment
3) Prior to giving a proposed bylaw to amend or repeal this Bylaw second reading the Council shall
hold a public hearing in accordance with the Act.
4) Council shall refer significant Land Use Bylaw amendments to adjacent municipal authorities when
the subject land is within 15 m (50 ft.) of their boundary.
5) Council may refer the application to any municipal, federal, provincial authority, or to any other
agency or body it deems appropriate.
6) Where an amendment proposes to change the land use designation of a parcel of land, Council
shall, in accordance with Section 692(4) of the Act, provide written notice of the proposed changes
to the owner of the affected land and to each owner of adjacent land as defined by the Act or any
other land owner that Council deems affected.
7) Payment and Undertaking
a. A person making an application to amend this Bylaw for a purpose other than the
clarification of an existing provision of this Bylaw shall:
i. be responsible for all costs incurred by the municipality in their review of the
application including professional consulting fees; and
ii. undertake in writing on a form provided by the municipality to be liable for, and
pay on demand, all expenses made necessary by the processing of the proposed
amendment which the municipality may incur, whether it be enacted or not,
including but not limited to map printing and reproduction costs, surveys and
advertising charges.
8) Consideration by Council
a. An application for an amendment to this Bylaw shall be referred to the Development
Officer for a recommendation. The recommendations of the Development Officer shall be
presented to Council prior to Council's decision on the proposed amendment.
9) Investigation by Development Officer
a. Upon receipt of an application to amend the Land Use Bylaw, the Development Officer
shall:
i. initiate or carry out any necessary investigation or analysis of the problems
involved in or related to the amendment, including circulating the application to
such agencies as s/he considers necessary for comment;
ii. prepare a detailed report for the Council on the proposed amendment; and
iii. submit a copy of the report, maps and all material relevant thereto to the Council.
10) Preliminary Examination
a. The Development Officer shall:
i. examine the proposed amendment for content; and
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PART10
ii. advise the applicant that:
1. they are prepared to recommend the amendment to the Council without
further investigations, or
2. they are prepared to recommend an alternative amendment either at
once or after due investigation, or
3. they are not prepared to recommend the amendment with reasons
provided.
11) Procedure by Applicant
a. Upon receiving the preliminary advice of the Development Officer or an agent thereof, the
applicant shall advise the Development Authority if:
i. they wish the Council to proceed with the amendment as submitted by the person,
or
ii. an alternative amendment proposed by the Development Officer; or
iii. they wish to withdraw their application for an amendment.
12) Decision by Council
a. As soon as reasonably convenient and regardless of its recommendation, the Development
Officer may submit the proposed amendment as originally applied for, or as alternatively
chosen by the applicant, as the case may be, to the Council, accompanied by the
recommendation of the Development Officer, the report of the Development Officer and
other relevant material, if any, and the Council shall then consider the proposed
amendment.
13) Where an application for an amendment to this Bylaw has been refused by Council, another
application for the same or substantially the same amendment may not be submitted within six (6)
months of the date of the refusal unless Council otherwise direct.
3 | Public Hearing
1) All amendments to this Bylaw shall be made by Council by bylaw and in conformity with the Act
regarding the notification process and holding of a public hearing.
2) Notwithstanding Part 10.3.1, proposed bylaw amendments which are deemed not to result in a
shift of direction of the Land Use Bylaw, meet the spirit and intent of the Land Use Bylaw, and are
of a clerical nature (clarification, typo correction, etc.) may be processed as a technical amendment
and not require a formal public hearing at the discretion of Council.
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PART 11
PART 11 - General Regulations
1 | Amenity Areas
Where required in any District, private outdoor and/or communal amenity areas shall be provided in
accordance with the following:
1) Private outdoor amenity areas shall be designed for the occupants of an individual dwelling unit
and shall:
a. be located immediately adjacent to land with direct access from the dwelling it is intended
to serve,
b. be located in a yard other than a front yard,
c. be landscaped and surfaced for convenient use for outdoor activities,
d. be of a width and depth of at least 4.0 m (13.2 ft.), and
e. be developed as open space unencumbered by any accessory buildings or future additions.
2) Notwithstanding PART 11.1(1)(d), balconies may be considered private outdoor amenity areas
provided they are unenclosed and have a minimum depth of 2.0 m (6.6 ft.).
3) Communal amenity areas shall be designed for the recreational use of all residents of the
development or for the use and enjoyment of the public in the case of a non-residential
development. The area shall be indoor or outdoor space, or a combination thereof, including but
not limited to landscaped courtyards, public seating areas, swimming pools, fitness rooms, party
rooms, games rooms, and children's play areas complete with equipment.
4) In multi-family dwelling developments of fifteen (15) dwelling units or more, a minimum communal
amenity area of 2.5 m2 (26.9 ft. 2) per dwelling unit shall be provided and be developed as children's
play space or other communal recreation space, and be aggregated into areas of not less than 50.0
m2 (528.2 ft. 2).
5) In multi-family dwelling developments, at least ten percent (10%) of the amenity area required on
the site shall be provided for recreational purposes; and in multi-family dwelling developments of
fifteen (15) units or more, recreational equipment shall be provided on this area to the satisfaction
of the Development Authority. This requirement may be relaxed at the discretion of the
Development Authority where indoor recreational facilities are provided.
2 | Controlled Appearance
1) The design, character, and appearance of any building, structure, or sign, proposed to be erected
or located in district, must be acceptable to the Development Officer, having due regard to the
amenities and the character of existing development in the district, as well as to its effect.
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PART 11
3 | Corner Site Restriction
1) Notwithstanding
any
other
provision contained in this
Bylaw, no person shall place or
maintain any object, structure,
fence, hedge, shrub or tree in or
on that part of a corner site
which lies within a triangle
formed by a straight line drawn
between two points on the
exterior boundaries of said site,
7.5 m (24 .6 ft.) from the point
where they intersect.
4 | Corner Lots and Double
Fronting Lots
1) In the case of double fronting
lots, the front yard shall be that
portion of the site abutting the
road on which the front yards of
adjacent lots face. If adjacent
lots have front yards facing both
roads, front yards shall be
considered to be on both roads and the lot may thus have no rear yard.
2) Notwithstanding any other provision of this Bylaw to the contrary, the Development Authority may
require that a development on
a corner site or on a double
fronting
site
provide
two
minimum required front yards,
after having regard to the
orientation of adjacent lots and
to the location of accesses to
the development.
3) Notwithstanding
any
other
provision of this Bylaw to the
contrary, in residential areas,
where a second minimum front
yard is not required on a corner
site, the minimum required
side yard on the side adjacent
to the road shall not be less
than 3.8 m (12.6 ft.).
FIGURE 23: SIDE YARD SETBACKS AND HEIGHT RESTRICTIONS ON CORNER LOTS
Figure 22: CORNER SITE RESTRICTIONS
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4) Notwithstanding Part 11.4 (3), in residential areas, features under 0.5 m (1.65 ft.) above grade may
project to the side line where a second minimum front yard is not required on a corner site.
5 | Coverage of Site
1) The maximum area of a site that may be covered with either principal buildings or accessory
buildings, or both, shall not be greater than the maximum limits prescribed for the district in which
the site is located.
6 | DECKS
1) Balconies and decks may project up to 2.0 m into required yards with a minimum depth of 4.0 m,
and 0.5 m for required yards less than 4.0 m provided they do not encroach over an easement or
right-of-way.
2) No person shall construct or allow the construction of an enclosed deck that:
a. encroaches into a required front yard;
b. is less than 1.0 (3 ft.) from a side property line in a front yard;
c. is less than 0.5 (1.6 ft.) from a property line in a side yard;
d. in a rear yard, is less than 1.0 (3 ft.) from the side and rear property lines;
e. notwithstanding Parts 11.1(c) and (d) less than 3.0 (10 ft.) from the property line if the
structure is abutting a public road in a side yard on a corner lot; and
f.
is not placed upon a permanent foundation.
7 | Demolition of Buildings
1) Where a Development Permit is to be approved for the demolition of a building the Development
Officer shall require the applicant to provide a performance bond in the minimum amount as
determined by a Resolution of Council to cover costs of reclamation and damage to public - quasi
public utilities.
2) Where a demolition is carried out the person causing the same to be made, shall, at their own
expense, protect from displacement any wall, sidewalk, roadway, or other utility liable to be
affected by such demolition and shall sustain, protect and underpin the same so that they will
remain in the same condition as before the demolition was commenced and that adequate
measures shall be taken by way of fencing and screening as determined by the Development
Officer to ensure the general public's safety.
3) Whenever a Development Permit is issued for the demolition of building it shall be a condition of
the permit that the site shall be properly cleaned with all debris removed and left in a graded
condition.
8 | Development of a Project
1) Prior to the granting of approval of a multi-lot subdivision application or a development permit for
a large project, as the case may be, the developer shall provide the municipality with a proposed
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PART 11
site development and landscaping plan and enter into an agreement with the municipality
specifying the respective obligations of the developer and the municipality.
9 | Drainage
1) Any area requiring landscaping or topographic reconstruction shall be landscaped or reconstructed
so that the finished surface contours do not direct surface drainage onto an adjoining lot.
10 | Environmental Screening
1) Where the potential for prior contamination of a site exists, the Development Authority may
require that a Phase 1 Environmental Site Assessment be conducted according to applicable
provincial requirements and/or guidelines prior to a development permit being issued. Should the
Phase 1 Assessment indicate that a Phase 2 Assessment should be undertaken, the Development
Authority may require that a Phase 2 Assessment be conducted and submitted prior to
consideration of the development permit application. Any follow-up assessment or remedies that
may be required may be incorporated into conditions for the approval of the development permit.
11 | Emergency Access to Buildings
1) Sites shall be so designed that, in the opinion of the Development Officer, appropriate access for
fire-fighting equipment is afforded to all buildings.
2) On at least two sides (one of which shall be the longest side) of any building used as an apartment
building and which exceeds two storeys in height, there shall be firm level areas accessible from
the road for firefighting equipment for at least 75% of the length of each of the two sides of the
building. Such areas shall not be less than 4.5 m (15 ft.) in width and not more than 3 m (10 ft.)
from the building, and no permanent building or vehicular parking, or substantial landscaping that
would interfere with the use of the area for emergency access, shall be permitted thereon.
3) A lane or lanes for the purpose of permitting the access of the fire-fighting equipment to all major
access points of building and to all fire risk utilities on the site shall be provided, and no permanent
building or vehicular parking may be provided thereon.
12 | Fencing
1) Except as hereinafter provided, a person shall not construct a fence in any district which is higher
than:
a. 1.2 m (3.93 ft.) in the front yard, or
b. 2.0 m (6.56 ft.) in the side or rear yard,
c. Notwithstanding clauses (a) and (b), the height of a fence in an industrial or urban reserve
district shall be determined by the Development Officer.
d. No fence shall be of barbed wire construction below a height of 2.0 m (6.56 ft.)
e. Fences with barbed wire construction shall not be permitted in any Residential District or
Urban Reserve District. Utility lots in these districts may be exempt from this regulation at
the discretion of the Development Officer.
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PART 11
13 | Hazardous Materials
1) No anhydrous ammonia storage shall be allowed within the municipality.
2) Liquefied petroleum gas tanks with a storage capacity exceeding 2,000 lbs may only be allowed
within the Industrial District at the discretion of the Development Authority.
3) All developments which store, manufacture or utilize materials or products which may be
hazardous due to their flammable or explosive characteristics will comply with Provincial and
Federal legislation and regulations.
4) No development in any District shall emit air or water contaminants in excess of the standards
prescribed Provincial and Federal legislation and regulations.
5) All commercial or industrial developments involving the following hazardous materials shall submit
a written description of the materials and operations being undertaken on the site to the
Development Authority for review prior to development approval at the time of development
permit application, or at the time the operation begins using or producing any of the following
materials:
a. poisonous and infections agents,
b. pesticides,
c. corrosives and explosives,
d. flammable and combustible liquids,
e. manures,
f.
silica, asbestos and carcinogens, and/or
g. radiation.
6) No development shall create or discharge toxic materials and/or air or water contaminants in
amounts or quantities that exceed the levels prescribed by Provincial and Federal legislation and
regulations.
7) No development shall discharge toxic or noxious materials and/or air or water contaminants:
a. across the boundaries of a site,
b. through infiltration into the soil,
c. into the municipal sewage disposal system, or
d. into a water body, any surface water channel, or any below surface water course.
14 | Height of Buildings
1) No building shall be erected to a greater height than the maximum height prescribed for buildings
in the district in which the building is to be located.
2) The base from which to measure the height of a building shall be the average elevation of the
finished ground level adjoining a building at all exterior walls.
3) The finished ground level shall be established to the satisfaction of the Development Officer.
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PART 11
15 | Highway 22
1) Notwithstanding Part 11.24, all buildings along Highway 22 shall be in conformity with the Central
Business District Land Use Rules, excepting those lands in Plan 2398 1K, which shall have a building
setback distance of 12.8 m (41.99 ft.) from the nearest limit of the Highway 22 right-of-way.
16 | Land Near Water and Escarpments or Subject to Flooding or Subsidence
1) Development on land that is subject to flooding or subsidence or that is marshy or unstable shall
be discouraged, but when such development is allowed, the developer shall hold the Municipality
harmless from any damage to or loss of the development caused by flooding, subsidence, or other
cause.
2) Setbacks in excess of the minimum requirements may be required when deemed necessary by the
Development Officer.
3) All watercourses, as defined by the Department of Environment, shall be sited at least 30 m (98.42
ft.) from the said watercourse.
4) All escarpment having a slope of 15% or greater shall be sited:
a. at least 30 m (98.42 ft.) from the top of the escarpment; and
b. at least 30m (98.42 ft.) from the top of the escarpment.
17 | Landscaping
1) Any area required to be landscaped may, at the discretion of the Development Officer be left in its
natural state or be loamed and planted with grass, trees, shrubs, and/or flowers, or similar
materials or a combination thereof which enhance the appearance of the site and which
complement the development thereon. All portions of a site not covered by structures, parking or
vehicular areas shall be landscaped.
2) Any trees or shrubs which die must be replaced during the next planting season on a continuing
basis.
18 | Non-Conforming Buildings and Uses
1) If a development permit has been issued on or before the day on which a land use bylaw or a land
use amendment bylaw comes into force in a municipality and the bylaw would make the
development in respect of which the permit was issued a non-conforming use or non-conforming
building, the development permit continues in effect in spite of the coming into force of the bylaw.
2) In accordance with Section 643 of the Act, a non-conforming use of land or a building may be
continued, but if that use is discontinued for a period of 6 consecutive months or more, any future
use of the land or building must conform with the land use bylaw then in effect.
3) A non-conforming use of part of a building may be extended throughout the building, but the
building, whether or not it is a non-conforming building, may not be enlarged or added to and no
structural alterations may be made to it or in it.
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PART 11
4) A non-conforming use of part of a lot may not be extended or transferred in whole or in part to
any other part of the lot, and no additional buildings may be constructed on the lot that would
continue the non-conforming use.
5) Except for Part 11.18.8 a non-conforming building may continue to be used, but the building may
not be enlarged, added to, rebuilt or structurally altered except:
a. to make it a conforming building; or
b. for routine maintenance of the building, if the approving authority considers it necessary.
6) If a non-conforming building is damaged or destroyed to the extent of more than 75% of the value
of the building above its foundation, the building may not be repaired or rebuilt except in
accordance with the land use bylaw.
7) The land use or the use of a building is not affected by a change of ownership or tenancy of the
land or building.
8) When a building is a non-conforming building solely by reason of its encroachment into a required
front, side, or rear yard, or inadequate parking, the designated officer, at their discretion, may allow
an extension of, or an addition to, the building, if such extension or such addition will not in itself
constitute an encroachment into any required yard, and if such extension or addition complies with
the provisions of this Bylaw.
9) A building that encroaches into a required front, side or rear yard by reason of conversion from
imperial unit of measurement, as contained within Bylaw 184 to metric units, as contained within
this Bylaw, the building is considered to be a conforming building.
10) Notwithstanding the provisions of the Residential Single Detached (R-1) Land Use District, a new
use or a new building that is in conformity with the land use district for the lot may be allowed to
be occupied or be constructed on the lot while a non-conforming use or building occupies the lot.
19 | Noise
1) No use or operation shall create noise levels which exceed those requirements and restrictions
with the Village's community standards or noise bylaws.
20 | Nuisance
1) No activity may be undertaken which, in the opinion of the Development Authority, constitutes a
nuisance on a private or public site by reason of the generation of vibration, heat, humidity, glare,
smoke, dust, other particulate matter, or odour.
2) Sites and buildings in all Districts shall be maintained in a clean and tidy condition, free from all
rubbish and debris.
3) Garbage shall be stored in weather-proof and animal-proof containers, shall be placed in a location
or screened from adjacent sites and roads in a manner that is to the satisfaction of the
Development Authority, and shall be in a location easily accessible for pick-up.
4) Further provisions relating to the control of nuisances may be found in the municipality's
Community Standards Bylaw.
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PART 11
21 | Objects Prohibited or Restricted in a Residential District
1) No person shall be allowed to keep or maintain on a street:
a. a commercial vehicle with a gross vehicle weight (gvw) rating in excess of 4,083 kg.
(9,001.48 lbs.) for longer than is reasonably necessary to load or unload the vehicle; and
b. an industrial or construction vehicle except when such a vehicle is required pursuant to a
development or building permit for that site.
These regulations do not apply to the storage or parking of in-service school buses used to
transport primary or secondary students.
2) No person shall be allowed to keep or maintain on a site or street:
a. an unlicensed, dismantled or derelict vehicle for more than 48 hours;
b. any object or chattel which, in the opinion of the Development Officer, is unsightly or tends
to adversely affect the amenities of the district; and
c. any storage of debris or excessive growth of weeds on an lot which, in the opinion of the
Development Officer is unsightly or tends to adversely affect the amenities of the District.
22 | On-Site and Off-Site Services and Improvements
1) Where any on-site services or improvements or any off-site local improvements, are required to
service a proposed development, a person shall not begin the excavation for the foundation or
commence the development until the Development Officer is satisfied that such services or
improvements will be undertaken.
2) All future development areas must be serviced to the satisfaction of the Development Authority
and be consistent with the requirements of the municipality's public works department.
23 | Parking & LOADING
1) When a building is enlarged , altered, or a change in the use occurs in such a manner as to cause
an intensification of the use of that building, provisions shall be made for the additional parking
spaces required under the parking provisions of this Bylaw. The calculation shall be based on the
number of additional parking spaces required as a result of the enlargement, alteration, change in
use, or intensification of the use of the building.
2) In any District, when a new development is proposed including a change of use of existing
development, provision shall be made for onsite vehicular parking in accordance with the
regulations and standards contained in Part 11.23.
3) A parking space shall be located on the same site as the building or the use for which it is required
and shall be designed, located and constructed to the Municipality's standards so that:
a. it is easily accessible to the vehicle intended to be accommodated there;
b. it can be properly maintained; and
c. it is satisfactory to the Development Officer in size. shape, location, grading and
construction.
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PART 11
4) Parking spaces shall not be less than 2.5m (8.20 ft.) in width, 6m (19.68 ft.) in length and 15 m'
(161.45 ft.2) in area.
5) Any parking space provided shall be developed and surfaced to the satisfaction of the Development
Officer.
6) Parking Spaces shall be provided on site in accordance with the following table:
a. unless additional spaces are required by the Development Officer;
b. unless otherwise stated, shall be calculated on the basis of gross floor area and where a
fractional figure occurs shall be rounded to the next higher figure.
TYPE OF USE
MINIMUM PARKING REQUIREMENT
RESIDENTIAL USES
Dwellings
1 space/dwelling unit
COMMERCIAL USES
Motels and Hotels
1 space/guest unit
Business, Administrative, Professional Offices
1 space/46 sq. metres plus 1 space/employee
Restaurants, Taverns, Bars
1 space/6 seats
Retail Cannabis Store Bylaw 416-18
1 space/46 metres2 (602.80 ft2)
Retail Stores & Services Repair Shops
1 space/46 sq. metres plus 1 space/employee
PUBLIC USES
Community Buildings, School
1 space/27 sq. metres plus 1
space/classroom
Churches
1 space/15 seats
Churches
1 space/9 sq. metres
Child Care Facility Bylaw 416-18
1 space / employee/volunteer
INDUSTRIAL USES
Cannabis Production and Distribution Facility
1 space/74 sq. metres (398.28 ft2) Bylaw 416-18
Manufacturing Plants
1 space/74 sq. metres
Mill Shops
1 space/74 sq. metres
Warehouses
1 space/92 sq. metres
Bylaw 416-18
7) The on-site parking shall be provided in the manner shown on the approved site plan with the
entire area to be graded and surfaced so as to ensure that drainage will be confined to the site and
disposed of in a manner satisfactory to the Development Officer.
8) Notwithstanding Part 11.23.6 when a development application has shown deficient parking, the
Development Officer shall refer the development application to Council for its recommendation as
to the manner in which the deficiency shall be provided in order to have the development conform
to the parking requirements of this Bylaw.
9) Notwithstanding Part 11.23.6, Council in deciding on development applications deficient in parking
may:
a. require the developer to provide the required off-street parking on land other than that to
be developed provided that:
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PART 11
i. the alternate parking site is within 122 m (400.26 ft.) of the site where the principal
building or approved use is located and is not within a residential district;
ii. the person wishing to use an alternate parking site must have absolute control of
it for a length of time equal to the life of the approved use of the building or site,
and will use that site for no other purpose than to provide alternate parking;
iii. the absolute control is established to the satisfaction of Council;
iv. should the alternate parking site cease to be available, another parking site must
be provided which meets the above criteria or the approved use of the building or
the site must be discontinued.
b. accept a payment in lieu, on the number of on-site parking spaces deficient, which
payment shall be based on the amount of money Council considers reasonable in lieu of
the equivalent parking space to be provided by the Municipality elsewhere in the district
in which the development is proposed.
c. require that all parking spaces be provided on site.
10) The Development Officer may, where deemed necessary, require the installation of curbs,
bumpers, fences, walls or other such protective devices in or around parking and loading areas.
11) The location and construction of curb cuts and driveways shall be to the satisfaction of the
Development Officer.
12) Parking Dimensions
a. Parking spaces shall be provided in accordance with the following table:
Width of
Stall
Angle of
Parking
Width of
Aisle
Depth of Stall Perpendicular to
Aisle
M
Ft.
Degree
M
Ft.
M
Ft.
2.5
8.0
30
3.5
11.5
5.2
17
2.5
8.0
45
3.5
11.5
6.1
20
2.5
8.0
60
5.5
18
6.4
21
2.5
8.0
90
7.0
23
6.1
20
*See Figure 24 on the following page
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PART 11
Figure 24: Parking Stall Dimensions
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PART 11
13) Loading and Unloading Facilities
a. When any new development is proposed including a change of use of existing
development, or when any existing development is, in the opinion of the Development
Officer, substantially enlarged or increased in capacity, off-street vehicular loading and
unloading spaces shall be provided in accordance with Part 11.23.14 below.
14) Loading and Unloading Spaced
Use of Building or Site
Total Gross Floor Area of Building
Space(s) Required
Any development within
the Commercial District
Less than 929 m2 (10,000 ft.2)
None
Any development within
the Commercial District
More than 929 m2 (10,000 ft.2)
1
Arena
2
Cannabis Production and
Distribution Facility
929 m2 (10,000 ft2) Bylaw 416-18.
1
Community Building
1
Industrial Service Shops
and Warehouses
1858 m2 (20,000 ft.2)
1
Retail Cannabis Store
Bylaw 416-18
1 per business
15) All loading and unloading spaces shall be located on the site and access so arranged that no backing
or turning movements of vehicles going to or from the site causes interference with traffic on the
adjoining or abutting public roadways, lanes, sidewalks or boulevards.
16) All loading zones provided shall be developed and surfaced to the satisfaction of the Development
Officer.
17) A loading space shall have an area of not less than 28 m2 (301.38 ft.2) or be less than 3.5 m (11.48
ft.) in width, or have less than 3.5 m (11.48 ft.) overhead clearance.
18) Retail Cannabis Stores shall have its own loading area separate from any other business.
19) Cannabis Production and Distribution Facilities shall have all loading stalls and docks located inside
a building.
24 | Projection into Yards
1) Except as provided in this Part and Part 11.4 of this Bylaw, and except for fences as noted in Part
11.12 of this Bylaw, no portion of a building shall be located or project into a required minimum
yard.
2) The following features may project into a required minimum front yard:
a. steps, eaves, gutters, sills, and chimneys, or other similar projections, with the amount of
the projection to be as allowed by the Development Authority;
b. canopies over entrances to buildings, provided such projections are cantilevered and do
not encroach more than 1.0 m (3.3 ft.) in the required front yard;
c. exterior balconies on apartments provided that:
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PART 11
i. they are cantilevered and not enclosed, and designed as an integral part of the
building, and
ii. they do not project more than 2.0 m (6.6 ft.) into the required minimum front yard;
d. any other features which, in the opinion of the Development Authority, are similar to the
foregoing.
3) The following features may project into a required minimum side yard; except where a side yard
of 3.0 m (9.8 ft.) is required for vehicular passage:
a. steps and chimneys, provided such projection does not exceed fifty percent (50%) of the
width of the required minimum side yard;
b. patios, which can project to the side line;
c. eaves, gutters, sills, bay or oval windows, or other similar projections, provided such
projections do not encroach more than 0.6 m (2.0 ft.) into the required side yard;
d. canopies over entrances to buildings, provided such projections are cantilevered and do
not exceed 1.0 m (3.3 ft.);
e. exterior balconies on apartments provided that:
i. they are cantilevered and not enclosed, and designed as an integral part of the
building, and
ii. they do not project more than 1.0 m (3.3 ft.) into a required side yard and in no
case are closer than 2.0 m (6.6 ft.) to a side line;
f.
any other features which, in the opinion of the Development Authority, are similar to the
foregoing.
4) On a lot in a commercial land use district, the parts of an attachments to a principal building which
may project over or on to a front yard, side yard, or rear yard are:
a. a canopy or extension over a front yard or side yard if the projection complies with the sign
regulations contained in PART 13.26.
b. a canopy or extension over a rear yard if the projection is at least 4 m (13 ft.) above the
surface of the yard and does not obstruct the normal use of the yard.
25 | Residential Buildings of the Same Site
1) No person shall erect more than one principal building on a lot in any Residential Land Use District.
2) No person shall erect or maintain a residential building on a lot on which another residential
building is already located.
26 | Screening, Outside Storage Areas, and Garbage Storage
1) Garbage shall be stored in weatherproof and animal proof containers and screened from adjacent
sites and public thoroughfares and be in a location easily accessible for pickup
2) Outside storage areas shall be screened, from adjacent sites and thoroughfares.
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PART 11
27 | Setbacks
1) Front, Side and Rear Yard:
a. On each site there shall be established and maintained front, side and rear yards of such
dimensions as will meet the minimum requirements of this Bylaw. Sites other than corner
sites which have frontages on two streets are recognized as having two front yards and the
development shall comply with the setbacks for the respective district.
2) Additional Setback:
a. Notwithstanding any specific provisions, yards in excess of the minimum requirements may
be required when deemed necessary by the Development Officer.
3) Below Surface Level:
a. The minimum distances required for yards do not apply to construction wholly beneath
the surface of the ground
4) Semi-Detached or Attached Housing:
a. Where the site is to be developed for Semi-Detached or Attached Housing Complexes the
following exceptions apply:
i. where each half of a semi-detached house is to be contained on a separate parcel
or title no side yard shall be required on the side of the dwelling unit which abuts
the adjacent dwelling unit by means of a fire separation.
ii. where the dwelling units of an Attached Housing Complex are to be contained on
separate parcels or titles, no side yards shall be required on either side in the case
of an internal dwelling unit and no side yard shall be required on the interior side
of the end dwelling unit.
28 | Site Circulation
1) The space for the manoeuvring and circulation of vehicles on a parcel shall be sufficient to ensure
that vehicles do not drive onto roads, other than lanes, or onto adjacent parcels when manoeuvring
and circulating, except where an easement is registered for these purposes against the title to the
adjacent parcels.
29 | Site Dimensions
1) No permit shall be issued for any development on a site, the area or width of which is less than the
minimum prescribed for the district in which the site is located, except that a lot of separate record
in the Land Titles Office containing less than the required minimum area or width may be used
subject to the discretion of the Development Officer if all other requirements of this Bylaw and
amendments hereto are observed.
30 | Site Grading and Drainage
1) In all cases, site grades shall be established to not allow one site to drain onto an adjacent site
except where drainage conforms to an acceptable local or subdivision drainage plan. Further
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PART 11
provisions relating to site grading and drainage may be found in the municipality's Community
Standards Bylaw.
31 | USE OF SITE
1) A person shall not use a building or land unless or until a Development Permit has been issued.
32 | Utilities
1) When any services or facilities are required, a person shall not begin the excavation for the
foundation nor commence the development until provision has been made for such services or
facilities to the satisfaction of the Development Officer.
2) No development permit shall be issued for a development to be served by private sewer and water
systems until the systems have been accepted by Council and approved by the appropriate
Municipal and Provincial Departments.
3) Each unit of a semi-detached dwelling shall be serviced by separate utility lines for water, sewer
and gas.
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PART 12
PART 12 -SPECIAL REGULATIONS
1 | Accessory Buildings and tented structures in Districts Other Than Residential
Districts
1) In Districts other than Residential Districts, regulations governing the development of accessory
buildings shall be at the discretion of the Development Authority, unless otherwise indicated in this
Bylaw.
2) At the discretion of the Development Authority, a development permit may be issued for the
temporary erection of a factory-manufactured building for use as an accessory building provided
that the following additional conditions are met:
a. the development permit approval shall not be for a period of more than one (1) year,
b. if an extension to the one (1) year period is desired by the applicant, the applicant must
submit a written extension request to locate the building for a further six (6) months.
3) Tented structures must be anchored to the ground to the satisfaction of the Development
Authority.
4) The material covering a tented structure must be maintained, repaired, and/or replaced if ripped
or torn.
5) The coverage area of a tented structure shall be included in the calculation of the coverage of a
site by accessory buildings in the respective Land Use Districts.
2 | Accessory Buildings and tented structures in Residential Districts
1) Unless otherwise provided, in Residential Districts:
a. an accessory building or tented structure shall not exceed one (1) storey or 4.5 m (14.8 ft.)
in height, whichever is the lesser; and
b. notwithstanding Part 12.2.1, the Development Authority may allow a garage which
exceeds 4.5 m (14.8 ft.) in height. This maximum height can under no circumstances
exceed the height of the principal dwelling; and
c. where a carport is attached to a dwelling, the minimum required side yard may, at the
discretion of the Development Authority, be reduced to 1.2 m (3.9 ft.).
2) Accessory buildings and tented structures in Residential Districts shall be located:
a. a minimum of 2.0 m (6.6 ft.) from the dwelling;
b. no closer to the front line than the front of the principal building except in the case of
double fronting or corner sites, in which case the minimum required yard may be reduced
to 4.5 m (14.76 ft.) from one front line, and the minimum required side yard adjacent to
the side line may be reduced to 1.5 m (24.6 ft.) where, in the opinion of the Development
Authority, any adjacent developments would not be adversely affected;
c. no closer than 1.2 m (3.9 ft.) to the rear line, providing there is no encroachment of any
part of the building beyond the rear line, except that where the vehicle doors of a garage
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PART 12
face a lane abutting the site, the garage shall be no closer than 5.0 m (16.4 ft.) from the
rear line;
d. no closer than 1.2 m (3.9 ft.) from the side line, excepting where a fire wall is constructed
along the boundary line between two garages located within one building, or where both
garages have appropriate fire walls. In such cases, accessory buildings may be built within
1.0 m (3.3 ft.) of the side line; and
e. such that no roof overhang is located within 0.45 m (1.2 ft.) of a side or rear line.
3) All decks and verandas in Residential Districts may be located such that they do not project into
minimum required yards.
4) Notwithstanding Part 12.4 any deck or veranda which the Development Authority allows, at their
discretion, to project into a minimum required front yard in a Residential District, may be roofed
but shall not be enclosed.
3 | Accessory Use Regulations
1) All accessory buildings and uses shall comply with all relevant provisions of this Bylaw.
2) No person shall use, or permit an accessory building to be used as a dwelling unit, except as a
surveillance suite or garage suite where allowed pursuant to this Bylaw.
FIGURE 25: SITING OF ACCESSORY BUILDINGS IN THE RESIDENTIAL DISTRICTS
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3) All moveable accessory buildings which are more than 9.3 m2 (100 ft.2) in area or have one
dimension which exceeds 3.0 m (10 ft.), require a development permit.
4) Accessory buildings shall be constructed either simultaneously with, or after, the construction of
the principal building on a site or the commencement of the principal use on a site, and not before
the principal building is constructed or the principal use commences.
5) Where a building is attached to a principal building by a breezeway, a roofed passage or an open
or enclosed structure above grade, it is to be considered a part of the principal building and not an
accessory building, and all the minimum yard requirements of the principal building shall apply. For
the purposes of determining the site coverage percentage, buildings which are attached to a
principal building will be considered part of the principal building.
6) No person shall construct or permit the construction of an accessory building or group of accessory
buildings such that, individually or collectively, the gross floor area would:
a. along with the principal building, exceed the maximum site coverage allowed on the site;
b. exceed the gross floor area of the principal building on the site;
c. exceed twelve percent (12%) of the site area unless otherwise indicated within the District
Provisions.
7) In the event of accessory building construction over a gas service line, the Development Officer
shall require a letter from the natural gas utility operator indicating its requirements have been
met prior to the issuance of a development permit.
8) Accessory buildings shall not be located in a front yard.
9) Accessory buildings shall not be located on an easement or a utility right-of-way.
10) Non-movable accessory buildings must be placed on a permanent foundation that complies with
the Alberta Building Code.
4 | Animal Care and Related Uses
1) These regulations shall apply to all animal care and related uses, including: animal hospitals and
veterinary clinics.
2) The Development Authority shall require that development of these uses pay particular attention
to Parts 12.12, 12.18, and 12.19 (Hazardous Materials and Noise, Nuisance) of this Bylaw,
specifically noise and odour which may cause nuisance or negative external impact. Pens, rooms,
and runs shall be adequately soundproofed.
3) Facilities which house animals overnight shall be equipped with an adequate number of indoor
exercise runs relative to the maximum number of animals that can be housed.
4) A separate air extractor system shall be provided in the animal holding area where heating and air
conditioning is shared with other developments.
5 | Animal Hospital
1) Pens, rooms, exercise runs and holding stalls may be required to be soundproofed to the
satisfaction of the Development Authority.
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2) All development permit applications may be referred to the local Health Authority or animal control
agency for comment.
3) No facility or exterior exercise runs that are used to accommodate the animals may be located
within 6.1 m (20.0 ft.) of any property line adjacent to a dwelling or residential property.
4) All exterior exercise areas (runs) may be required to be enclosed with a fence acceptable to the
Development Authority.
5) All dog facilities, including buildings and exterior exercise areas, may be required to be sited to the
satisfaction of the Development Authority.
6) The Development Authority may regulate the hours that dogs are allowed outdoors.
7) Facilities which house animals overnight shall be equipped with an adequate number of indoor
exercise runs relative to the maximum number of animals that can be housed.
8) A separate air extractor system shall be provided in the animal holding area where heating and air
conditioning is shared with other developments.
6 | Animal/Bird Regulations
1) On any non-residential parcel in any District, no more than three (3) adult dogs shall be allowed
unless a permit for a small animal breeding and boarding establishment or a kennel has been
granted pursuant to PART 12.26 of this Bylaw.
7 | Bed and Breakfast Accommodation
1) Bed and Breakfast accommodations shall not interfere with the rights of other residents to quiet
enjoyment of a residential neighbourhood. Bed and Breakfast accommodations shall be an
incidental and subordinate use and shall be restricted to the dwelling unit and shall not:
a. require any alterations to the principal building unless the alterations are approved by the
Approving Authority;
b. create a nuisance by way of noise, parking or traffic generation;
c. occupy more than fifty percent (50%) of the dwelling unit or provide for more than four
(4) guestrooms in addition to what is required by the family of the owner;
d. display any on site advertising save an unlighted sign to identify the use conducted on the
site may be placed in a window or attached to the exterior of the residence and the size of
the sign shall be limited to 0.9 m2 (9.7 ft. 2);
e. employ any more than one (1) person other than the occupant of the principal residential
building;
f.
provide more than one (1) meal on a daily basis to registered guests only. Meals are to be
prepared in one common kitchen and served in one common room.
2) At any time the after the Development Permit is issued, the Development Officer at their discretion
may revoke the Development Permit if (a) through (f) are not met.
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8 | CANNABIS RELATED USES
1) Retail Cannabis Store
a.
is a location where the sale of cannabis can only occur where it has been approved
through a development permit for a use where it is specifically allowed in the use
definition and rules;
b.
a copy of the retail cannabis licence issued by the Alberta Gaming, Liquor and
Cannabis Commission shall be provided as a condition of development permit
approval prior to occupancy;
c.
may not have any part of an exterior wall that is located within 100 metres of:
i.
a parcel that contains a school;
ii. a parcel that is designated as school reserve or municipal and school
reserve under the Municipal Government Act; or
iii. a parcel that contains a provincial health care facility.
d.
the premises must operate separately from other businesses;
e.
the maximum operating hours shall be 10:00 a.m. to 12:00 a.m. (midnight) daily,
excluding those dates of closure mandated by the Province of Alberta;
f.
the public entrance and exit to the premises must be direct to the outdoors and
customer access to the premises is limited to a store-front that is visible from the
street;
g.
advertising inside the premises shall not be visible from the outside;
h.
no outside storage of cannabis goods, materials or supplies shall be allowed on the
site;
i.
is subject to the parking and loading requirements as set out in Section 29.1.0; and
j.
is subject to the sign control requirements as set out in Section 30.0.0.
k.
the Development Authority shall take into consideration the distance from a child
care facility
2) Cannabis Production and Distribution Facility
a.
is a location where the production and distribution of cannabis can only occur where
it has been approved through a development permit for a use where it is specifically
allowed in the use definition and rules;
b.
must possess a licence for all activities associated with cannabis growing, processing,
packaging, testing, destruction, or storage as issued by Heath Canada;
c.
all the processes and functions associated with the use shall be fully enclosed within
a stand-alone building;
d.
must have equipment designed and intended to remove odours from the air where
it is discharged from the facility as part of the ventilation system; and must be
maintained in good operating condition at all times;
e.
may have an ancillary building or structure used for security purposes located on the
parcel containing the use;
f.
garbage containers and waste material shall be contained within the building;
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g.
is where the development authority may require, as a condition of a development
permit, a Public Utility, Water and Waste Management Plan, completed by a
qualified professional, that may include details on:
i.
the incineration of waste products and air borne emission, including smell;
ii.
the quality and characteristics of liquid and waste material discharged by
the facility;
iii.
the method and location of collection and disposal of liquid and waste
material;
iv.
the mitigation of over strength sewage loading; and
v.
water conservation methods employed.
h.
is subject to the parking and loading requirements as set out in Section 29.1.0; and
i.
is subject to the sign control requirements as set out in Section 30.0.0.
9 | Car Washing Establishments
1) Site Location
a. A car washing establishment may be located only where it can be shown, to the satisfaction
of the Development Authority, that safe traffic movement would not be inhibited.
b. In addition to those locations pursuant to this Bylaw, a car washing establishment may be
allowed as a discretionary use in a commercial development if the Development Authority
is satisfied that it will not contravene other regulations of this Bylaw or adversely affect the
function of the commercial development in relation to traffic circulation.
2) Site Area
a. The minimum site area shall be 600 m2 (6459 ft.2) and the site shall contain storage space
for at least 10 vehicles or a minimum of three vehicles per wash bay, whichever is greater,
prior to their entry into any part of the cleaning process for which they are bound. In the
case of service stations, including car washes, the minimum site area shall be 1,120 m2
(12,056 ft.2).
3) Site and Building Requirements
a. All site and building requirements pertaining to drive-in businesses shall also apply to car
washes.
b. If a car wash is located on a site which abuts a residential use or a Residential District, noise
attenuation shall be provided to the satisfaction of the Development Authority.
10 | Conversion of Single DETACHED Dwellings to Other Uses
1) In considering any application for the conversion of a single detached dwelling into another use,
the Development Authority shall ensure that the Development complies with the following
requirements:
a. The use shall be listed as a permitted or a discretionary use in the District in which the
single detached dwelling is located.
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b. Parking shall be provided in accordance with this Bylaw, except that on-street parking may
be taken into account and the number of available on-street parking spaces may be
subtracted from the number of off-street parking spaces required, at the discretion of the
Development Authority.
c. Where the conversion involves exterior renovation, such renovation shall be of a nature
which maintains height, exterior finish, design and coverage to the satisfaction of the
Development Authority.
d. Existing healthy vegetation should be retained whenever possible and to the satisfaction
of the Development Authority.
e. All signs shall be in keeping with PART 12.25 of this Bylaw.
11 | Day Use and Picnic Areas
1) A sufficient number of picnic tables, fire pits and garbage cans shall be provided to accommodate
the design capacity of the site. Exact numbers shall be at the discretion of the Development
Authority.
2) The facility shall be designed and landscaped in order to minimize disturbance to the natural
environment and to protect heavy use areas from damage.
3) Where the day use area directly adjoins a residential development, adequate screening or fencing,
to the satisfaction of the Development Authority, will be required between the uses.
4) Parking areas should be physically separated from the rest of the day use or picnic areas.
12 | Group Homes, Day Homes and Child Care Facilities
1) All group homes, day homes, and child care facilities shall conform to regulations under the Safety
Codes Act, R.S.A. 2000, as amended and any other relevant Provincial legislation and regulations.
2) In making a decision on a development permit for a group home, a day home, or a child care facility,
the Development Authority shall consider, among other matters, if the development would be
suitable for the location proposed, taking into account: potential traffic generation, proximity to
park or other open or recreation areas, isolation of the proposed location from other residential
uses, buffering or other techniques designed to limit any interference with other uses or the
peaceful enjoyment of their properties by nearby residents, and consistency in terms of intensity
of use with other development in the area.
3) In addition to all other regulations of this Bylaw, a group home development shall comply with the
following regulations:
a. The maximum number of residents shall be established by the Development Authority who
shall have regard for the nature of the group home and the density of the District in which
it is located.
b. The group home shall not generate pedestrian or vehicular traffic or parking in excess of
that which is characteristic of the District in which it is located.
4) In addition to all other regulations of this Bylaw, a child care facility development and a day home
development shall comply with the following regulations:
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a. The maximum number of children for which care may be provided in a child care facility
shall be established by the Development Authority who shall have regard for the nature of
the facility, the density of the District in which it is located, potential increases in traffic,
and the location of the use in relation to other uses in the area of the development.
b. The maximum number of children for which care may be provided in a day home shall be
established by the Development Authority who shall have regard for the nature of the day
home, the density of the District in which it is located, potential increases in traffic, and
the location of the use in relation to other uses in the area of the development.
c. Notwithstanding PART 12.11(4)(b), the number of children within a day home established
within a dwelling unit in any Residential District shall not exceed six (6).
d. A child care facility shall not normally be the principal use of a building within any
Residential District.
e. A child care facility in any non-residential District shall be in a separate facility, either within
the principal building on the lot or in an accessory building, with a separate access to
ground level and an adjacent playground area.
13 | Home Occupations
1) Home occupations shall be limited to those uses that do not interfere with the rights of other
residents to quiet enjoyment of a residential neighbourhood. These activities shall be an incidental
and subordinate use to the principal residential building and accessory building. Home occupations
are divided into categories: major and minor, and are guided by the following provisions:
2) Minor Home Occupations
a. The home occupation shall be operated as a secondary use only, and shall not change the
principal character or external appearance of the dwelling or accessory building in which
it is located.
b. The home occupation shall not employ any person who lives outside of the home.
c. Home occupations shall not generate traffic uncharacteristic to the residential area.
d. The home occupation may not extend beyond the confines of the primary residential
dwelling nor utilize accessory buildings. There shall be no outside storage of materials,
goods, or equipment on the site.
e. There shall be no form of advertising relating to the occupation discernible from outside
the building.
f.
One onsite parking stall shall be provided for each vehicle used by the occupation, plus the
requirements of the dwelling.
3) Major Home Occupations
a. A major home occupation shall be operated as a secondary use only, and shall not change
the principal character or external appearance of the dwelling or accessory building in
which it is located.
b. The home occupation may employ up to two persons who do not live on the site or within
the primary residence.
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c. The home occupation should not generate traffic more than five (5) vehicle trips per day.
d. One onsite parking stall shall be provided for each employee and each vehicle used by the
occupation, plus those required for the residential use.
e. There shall be no visible outside storage of materials, goods or equipment on the site, but
the utilization of accessory buildings may be acceptable.
f.
Advertising relating to the home occupation and discernible from the outside of the
building shall be limited to one non-illuminated sign which does not exceed 1,000 cm2 (155
sq. in.).
4) General Regulations Governing Home Occupations
a. There shall be no mechanical or electrical equipment used which creates visual, audible or
electrical interference with radio or television reception.
b. Any vehicles parking on-street or off-street as a result of the home occupation shall, in the
opinion of the Approving Authority, not be a source of inconvenience to adjacent land
owners or tenants, or exceed 6,000 kg (13,227.5 lbs).
c. The home occupation shall not, in the opinion of the Approving Authority, be a source of
inconvenience, materially interfere with or affect the use, enjoyment or value of
neighbouring properties, by way of excessive noise smoke, steam, odour, dust, vibration
or refuse matter which would not commonly be found in the neighbourhood.
d. If at any time any of the requirements for a home occupation have not, in the opinion of
the Approving Authority, been complied with, or the use is not in keeping with the terms
of the approved application, the Approving Authority may suspend or cancel the
development permit for the home occupation, pursuant to the provisions under the
Municipal Government Act or request the applicant to submit a new application to the
approving authority for consideration.
e. The occupation shall be operated only as a secondary use to the residential use of the site
for which the permit is issued. The permit shall only be valid for the period of time the site
is occupied by the applicant.
f.
A permit for an occupation in a Residential Site does not exempt compliance with health
regulations or any other permit requirements.
14 | Manufactured Home Parks
1) The following regulations also apply to manufactured home parks:
a. manufactured home stalls shall be located at least 3.0 m (10.0 ft.) from a property line.
This 3.0 m (10.0 ft.) wide strip shall be landscaped and/or fenced to the satisfaction of the
Development Authority;
b. all roadways shall be constructed and maintained to the satisfaction of the Development
Authority. Minimum right-of-way width shall be 9.1 m (30.0 ft.);
c. a safe, convenient, all-season pedestrian walkway of at least 0.9 m (3.0 ft.) in width shall
be provided for access between individual manufactured homes, the park roadways, and
all community facilities provided for park residents;
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d. Visitor parking shall be provided as per Part 11.23 of this Bylaw. The visitor parking shall be
located at convenient locations throughout the manufactured home park, and shall not be
used for the storage of boats, trailers, etc.;
e. the design of manufactured home parks shall be to the satisfaction of the Development
Authority;
f.
all utilities shall be provided underground to stalls;
g. a minimum of ten percent (10%) of the gross lot area shall be devoted to recreational use;
h. all areas not occupied by manufactured homes and their additions, internal roadways,
footpaths, driveways, permanent buildings and any other developed facilities shall be fully
landscaped to the satisfaction of the Development Authority. Screen fences or walls shall
be erected where deemed necessary by the Development Authority around maintenance
yards, refuse collection points and playgrounds;
i.
no part of the park shall be used for non-residential purposes except for home occupations
and such uses as are required for the direct servicing and wellbeing of the park residents
and for the management and maintenance of the park;
j.
each stall shall be clearly marked off by means of stakes, countersunk steel posts, fences,
curbs or hedges;
k. street lighting shall be to the same standard as that in a conventional residential
neighbourhood;
l.
the maximum permissible density for a manufactured home park shall be fifteen (15)
manufactured homes per net developable ha (6 per ac.) of the lot being developed at each
stage of development; and
m. the minimum area for a manufactured home stall shall be 371.6 m2 (4000 ft.2).
15 | Manufactured Homes
1) Manufactured homes shall have Canadian Standards Association Z-240 Certification.
2) All accessory structures, such as patios, porches, additions and skirtings, shall be:
a. designed and erected as to harmonize with the manufactured homes,
b. considered as part of the principal building, and
c. erected only after obtaining a Development Permit.
3) A manufactured home shall be skirted from the floor level to the ground level. The skirting shall
match the external finish of the manufactured home.
4) The maximum allowed floor area of porches and additions shall not exceed the floor area of the
manufactured home.
5) No accessory building or use, other than parking spaces, shall be located in the front yard of a
manufactured home stall or a lot on which a manufactured home is located.
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6) The storage of any furniture, domestic equipment, or seasonally used equipment shall be
adequately covered or screened, either individually on the mobile home stall or communally, and
said storage shall conform to the Safety Codes Act, R.S.A. 2000, as amended.
7) The following regulations apply to manufactured homes located in all subdivisions:
a. the hitch and wheels are to be removed from the manufactured home;
b. all manufactured homes shall be placed on a foundation or base. The manufactured home
is to be attached by means of bolting or otherwise to the foundation or base pursuant to
the Alberta Building Code; and
c. the lot is to be fully landscaped within one (1) year from the date the development is
available for occupancy or use.
16 | Motels and Hotels
1) Notwithstanding the provisions of the district in which it is located, a motel or hotel shall, in no
case, have a minimum front yard of less than 6 m (20 ft.).
2) Notwithstanding any other provisions of this Bylaw to the contrary, a minimum of 10% of the site
area of a motel or hotel development shall be landscaped in accordance with Part 11.17 of this
Bylaw and to the satisfaction of the Development Authority.
17 | Neighbourhood Commercial Developments
1) Neighbourhood
commercial
developments located entirely
within a standalone building or
located within a building that
also contains residential use may
be allowed to locate in the
residential
and
commercial
districts
provided
the
development meets all of the
other regulations of this Bylaw
and,
further,
that
the
development:
a. does not include a part
of its operation a gas bar
or vehicular servicing component, and/or
b. is situated on a corner lot with safe access to a collector road.
2) The façade of a building containing a neighbourhood commercial development that is located in a
Residential District must be integrated with the surrounding residential area.
3) The height of a building containing a neighbourhood commercial development in a Residential
District may not exceed twice the height and massing of adjacent building.
FIGURE 26: Example of a neighbourhood commercial building
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18 | Places of Worship
1) The site on which a place of worship is situated shall have a frontage of not less than 30 m (100 ft.)
and an area of not less than 900 m2 (9,688 ft.2) except where a building for a minister's residence
is to be erected on the same site. The combined area of the site in this case shall not be less than
1,440 m2 (15,500 ft.2).
2) Minimum front, side, and rear yards shall be those required within the district in which the place
of worship is located except where the height restriction of the district is exceeded. In this case,
the yard setback requirement shall be at the discretion of the Development Officer.
3) A place of worship may be located in any District if it is an accessory use to a permitted or
discretionary use in that District.
4) Notwithstanding any other provision of this Bylaw to the contrary, a portion of the required
minimum number of parking spaces may be located on a site other than that of the subject place
of worship if it is demonstrated to the satisfaction of the Development Authority that such off-site
parking spaces are available for the use of the patrons of the place of worship.
19 | Private Swimming Pools and Hot Tubs
1) Notwithstanding any other provision of this Bylaw to the contrary, a development permit is
required prior to the commencement of the installation or construction of a private in ground
swimming pool or hot tub. All private swimming pools and hot tubs with a depth equal to or great
than 60.96 cm (24.0 in.) do require building and safety code approval(s). Private swimming pools
and hot tubs shall not be located within any required minimum front yard.
2) Entry Restrictions
a. Every private swimming pool and hot tubs shall be secured against entry by the public
other than owners, tenants, or their guests.
b. No privately owned outdoor swimming pool shall be constructed unless fenced, except
that a wall of a building may be considered to replace any part of the required fence
provided that the wall is a minimum of 1.8 m (6.0 ft.) in height for the length that it replaces
the fence.
c. Every fence enclosing an outdoor swimming pool shall be at least 1.8 m (6.0 ft.) in height
above the level of the grade outside the enclosure or, at the discretion of the Development
Authority, higher, and shall be of appropriate design to limit the ability of persons to use
the fence parts to climb the fence or to crawl through or under the fence. Gates shall be
equipped with a self-latching device and a lock mechanism located on the inside of the
gate.
d. No barbed wire or electrification of any part of a fence or gate enclosing a swimming pool
or hot tub shall be permitted. All private swimming pools and hot tubs equal to or great
than 60.96 cm (24.0 in.) require building and safety code approval.
3) Safety Requirements
a. A private swimming pool shall be provided with at least one exit ladder or stair from the
deepest part of the pool where the greatest dimension of the pool does not exceed 9.0 m
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(30.0 ft.). An additional ladder or stair is to be provided at the opposite end of the pool
where the pool exceeds 9.0 m (30.0 ft.).
20 | Recreational Vehicles
1) For this purpose of this Land Use Bylaw, Recreational Vehicles do not include all-terrain vehicles,
motorized boats, and all-terrain vehicle and/or boat trailers that do not also include space designed
specifically for temporary travel accommodations. A definition for Recreational Vehicles is
provided in Part 1.4 of this Land Use Bylaw.
2) No more than two (2) recreational vehicles may be stored or occupied on a lot less than 2,023.43
m2 (21,789.0 ft2) (0.2 hectares (0.5 acres)) in area without a development permit.
3) Notwithstanding PART 12.19(1) a development permit may be issued, for a maximum of one (1)
additional recreational vehicle on a residential lot if the applicant can demonstrate that parking
and lot coverage provisions can be satisfied.
4) Notwithstanding any other provision of this Bylaw to the contrary, no person may occupy a
recreational vehicle for a period longer than 14 consecutive days in a calendar year on any lot
unless a development permit has been received for the placement and use of the recreational
vehicle.
5) If the intention of the placement of a recreational vehicle on a parcel is to rent the recreational
vehicle for any consideration (whether for money or for goods or service in kind), a development
permit for a recreational vehicle campground must be approved. Such a permit may only be
approved in Districts where recreational vehicle campgrounds are listed as a permitted or a
discretionary use.
6) A maximum of one recreational vehicle may be stored within a front yard on a residential lot under
the following conditions. The recreational vehicle is:
a. Entirely contained within the lot; and
b. Located on a hard surfaced driveway or gravel pad.
7) On residential lots with no real lane access, Recreational Vehicles may be stored in yards other than
rear yards, subject to the following conditions:
a. The Recreational Vehicle must be contained entirely within the lot;
b. The Recreational Vehicle must be setback a minimum of 3.3 m (10.0 ft.) from any sidewalk
or curb adjacent to the lot. In instances where no sidewalk or curb is present, the required
setback of 3.3 m (10.0 ft.) shall be measured from the front lot line. This distance may be
reduced at the discretion of the Development Authority Officer; and
c. The Recreational Vehicle must be located on a hard surfaced or gravel pad.
8) In no instance will the placement of an RV on a lot be allowed where the RV would impede or
obstruct the safety of pedestrians or vehicle traffic on adjacent sidewalks or roadways.
21 | Recreational Vehicle Campgrounds
1) Provisions in this part apply to both recreational vehicle campgrounds and recreational vehicle
campgrounds-seasonal.
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2) Each recreational vehicle parking space shall have a minimum width of 10.0 m (32.8 ft.) and a
minimum area of 250.0 m2 (2,691.0 ft.2).
3) As a condition of approval, the Development Authority shall require the developer to obtain any
necessary permits and approvals from all regulatory authorities and agencies having jurisdiction,
including any necessary approvals pursuant to the Safety Codes Act, R.S.A. 2000, as amended that
may be applicable.
4) As a condition of approval, the Development Authority may require that the developer construct,
upgrade, or pay to construct or upgrade any necessary municipal infrastructure to service to the
development.
5) All internal roads shall be the responsibility of the Developer for both construction and future
maintenance. Also, internal roads shall have a minimum of a 6.0 m (20.0 ft.) usable top, except for
one-way roads, which shall have a minimum of a 3.65 m (12.0 ft.) usable top.
6) The developer shall provide on-site potable water supply which meets all applicable Provincial
water requirements.
7) The developer shall provide sewage disposal facilities which all applicable Provincial regulations.
8) All spaces for recreational vehicles designated for year round use must have on-site connections
to municipal sewer and water systems.
9) As a condition of approval, the Development Authority shall require the developer to obtain any
necessary permits and approvals from all regulatory authorities and agencies having jurisdiction
over this type of development.
10) The developer shall be required to enter into a development agreement with the municipality as a
condition of development approval. The development agreement will include provisions requiring
the developer to construct, upgrade, or pay to construct or upgrade the necessary municipal roads
to access the development when determined necessary by the Development Authority.
11) The developer shall designate an area equivalent to ten percent (10%) of the total recreational
vehicle campground area as a playground or recreational area. This area is to be clearly marked
and free from all traffic hazards.
12) All spaces for recreational vehicles or tents shall maintain a minimum set back of 30.0 m (98.4 ft.)
from the shoreline of any body of water.
13) The maximum number of recreational vehicles allowed per space shall be one (1).
14) A site plan detailing the protection of existing treed areas and site topography is required prior to
issuance of a development permit.
15) Spaces for day use, picnicking and similar activities shall be suitably organized, clearly marked and
constructed to the satisfaction of the Development Authority.
16) All other site requirements shall be as required by the Development Authority.
17) Minimum Yard Setbacks:
Front, side, corner and rear yard setbacks on the site shall be 7.6 m (25.0 ft.) or 10% of the lot
width, whichever is lesser.
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18) Developers will be encouraged to include on their site plan an overflow area which provides that
may be used temporarily, on an overflow basis, for a maximum of four (4) consecutive nights to
accommodate recreational events which may result in a need for temporary additional tenting or
recreational vehicle spaces
22 | Sea Cans
1) The placement of a sea can on any lot in the municipality requires a development permit.
2) A maximum of one (1) sea can may be allowed, at the discretion of the Development Authority on
residential parcels.
3) The maximum number of sea cans that may be placed on a lot in the commercial and industrial
districts is at the discretion of the Development Authority.
4) Notwithstanding any other provision in this Bylaw, in the Urban Reserve District a maximum of two
(2) sea cans may be placed on a lot without a development permit.
5) If a temporary development permit for a sea can has been approved by the Development Authority,
then the sea can will be allowed to be placed on a site for a period of 6 months. After that period
has expired the developer will be required to apply to the Village for an extension for the permit.
Extensions may be issued for up to six (6) month intervals at the discretion of the Development
Authority.
6) Sea cans may not be stacked. The maximum height for a sea can allowed on a parcel is 3.0 m
(10.0 ft.).
7) Sea cans located in a Residential District may be a maximum of 6.0 m (20.0 ft.) in length.
8) The exterior finish of a sea can sited within a Commercial or Residential District must be consistent
with the finish of the primary building.
9) Sea Cans cannot be used as a dwelling, or a guest house within the municipality, except where used
as a construction material in full compliance with applicable provincial and national building codes.
10) No animal habitation will be allowed within a sea can.
23 | Shopping Centres
1) The maximum building height shall be 10.7 m (35.1 ft.) or two (2) storeys, whichever is greater.
2) The maximum floor area shall be equal to the site area; however, all other regulations of this Bylaw,
such as required yards, parking and loading requirements, etc. shall be adhered to.
3) Part 12.26 of this Bylaw contains additional provisions relating to shopping centre signs.
4) All shopping centres shall satisfy the Development Authority as to:
a. the orientation, exterior design, and architectural appearance of buildings,
b. the location of development in relation to adjacent land uses,
c. vehicular traffic flow patterns within and access to and from the site,
d. safe pedestrian access and egress within the site and from any pedestrian way, and
e. the location of exterior signs.
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5) A shopping centre shall only contain those uses listed as permitted or discretionary uses within the
District in which the shopping centre is located.
6) The Development Authority may require any other matters, regulations, or conditions relating to
the development as, in their opinion, are necessary, having regard to the nature of the proposed
shopping centre development and adjacent land uses.
24 | Show Homes
1) In addition to the requirements of Part 3.6 of this Bylaw, a development permit application for a
show home shall be accompanied by information indicating:
a. the location and area intended as the site for the show home,
b. proposed parking, exterior lighting and signs.
2) Development permits shall be issued for a maximum of one (1) year only, and if the operator wishes
to continue the use, must be renewed on an annual basis.
3) The appearance of the building shall, in the opinion of the Development Authority, be compatible
with the character of other buildings in the vicinity.
25 | SIDEWALK CAFES
1) A sidewalk café permit is valid from the date of issuance for one (1) year and may be renewed
annually. In order to renew the permit, the developer must provide the municipality with a request
indicating that there will be no changes to the sidewalk café. If any changes are required, the
developer must make application for a new permit.
2) If the applicant is not the owner of the property, authorization and written permission of the
property owner is required and must accompany the application.
3) A development permit will authorize only the consumption of food within the sidewalk seating area
and not liquor:
a. A permit holder who intends to serve alcohol inside any temporary sidewalk seating area
requires a separate license from the Alberta Gaming and Liquor Commission. A copy of
that license is to be provided to the municipality.
b. A copy of any approval from any involved Health Authority is to be provided to the
municipality.
4) The area designated for the sidewalk café shall be considered an extension of the principal building
and business; therefore, the location of the sidewalk café must be directly in front of the building.
5) The following information must be provided with the application:
a. details of the proposed furniture or manufacturers' brochures,
b. site plan showing all existing buildings, proposed café area and setbacks,
c. layout of the furniture including signage, tables, chairs, placement and number of planters
and all other accessories,
d. location, structure and dimensions of any portable walls/barriers,
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e. location of all doorways, windows and service openings,
f.
length of restaurant/café frontage,
g. distance from property line to curb,
h. proposed width and length of sidewalk seating/café, and
i.
proposed total area of sidewalk seating/café.
6) Furniture
a. Applicants are encouraged to select furniture that is compatible with the outdoor
environment. The furniture should be strong, durable, waterproof and weather resistant,
designed for commercial outdoor use.
b. The furniture must fold or stack for storage, and if located on public right-of-way, be readily
removed and stored within the associated indoor premises during non-business hours.
c. The number of tables and chairs placed within a sidewalk area must allow unobstructed
access and circulation for patrons and staff.
d. The permit holder is responsible for ensuring that all furniture remains within the approved
sidewalk seating area. No fixed tables or chairs may be used. Developers of sidewalk cafes
shall be mindful of the rights of pedestrians travelling past their sidewalk café at all times
during the operation of the sidewalk café. In order to ensure this, a sidewalk café is
required to maintain a clear path of at least 1.5 m (5.0 ft.) minimum at all times. In areas
of higher pedestrian traffic or activity or in conditions that suggest the need for additional
clearance, a clear pedestrian path greater than 1.5 m (5 ft.) may be required by the
Development Authority.
7) Use of Umbrellas
a. Umbrellas should be secured to ensure that they can withstand the effects of wind.
b. Umbrellas shall be removed or closed in extremely windy conditions and be removed when
the outdoor seating area is not in use (off season).
c. Umbrellas shall not be attached to railings.
d. Umbrellas shall not encroach on, or interfere with pedestrian movement, and at least
2.0 m (6.6 ft.) in height.
e. Umbrellas shall be manufactured from fire retardant material.
f.
Umbrellas shall be market style (not beach umbrellas).
8) Lighting
a. Lighting for sidewalk cafes may be utilized if approved by the Development Authority. Any
such lighting shall compliment the exiting building and sidewalk café design and shall not
cause a glare to passing pedestrians or vehicles.
9) Outdoor Heaters
a. Outdoor heaters may be utilized upon the approval of the Development Authority.
10) Limitations on use
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a. No portion of a sidewalk seating/café area may be used for any purpose other than seating,
dining or circulation.
b. No portion of a sidewalk seating/café area may be used for the storage of and sale of
merchandise or objects other than those intended for seating, dining or circulation.
c. The permit holder will bear all financial responsibility for any and all improvements
necessary to the public space, both within and surrounding the sidewalk seating area.
d. Smoking is prohibited at all sidewalk/café locations. The Tobacco Reduction Act, S.A. 2005,
as amended, requires that managers or owners strictly enforce this requirement or be
liable to fines.
11) Operations
a. Hours of operation of an outdoor sidewalk seating area/café are 8:00 a.m. to 10:00 p.m.
or as stated in the approved Development Permit.
b. Sidewalk seating areas must conform to noise regulations of the current municipal Bylaw
and shall be prohibited from playing amplified music, whether live or recorded.
12) Business Licensing
a. The principal establishment for each approved sidewalk seating area shall have a valid
municipal Business License.
13) Waste Management
a. The permit holder will ensure sidewalk seating areas are maintained in a clean and hygienic
state at all times and the following requirements will apply:
i. Tables and chairs shall be kept clean and litter shall be removed from in and around
the seating area and disposed of within the commercial garbage provisions on site.
ii. Furniture, barriers and/or planters shall be clean, in good order and well
presented.
iii. Sidewalk seating debris must not be swept or allowed to enter into gutters, parking
or traffic lanes, storm-water, catch-basins or pedestrian walkways.
14) Reinstatement of a Public Place
a. Every sidewalk seating area shall be temporary in nature and designed so that the entire
structure including chairs, tables, fencing, and planters can be easily removed during
periods of non-use.
15) Insurance Requirements
a. The permit holder will be required to hold valid comprehensive general liability insurance
to the satisfaction of the municipality but the limit shall not be less than $1,000,000 per
occurrence, $1,000,000 in the aggregate combined single limit, for bodily injury, personal
injury and property damage liability.
b. The municipality shall be named as an additional insured for any liability arising directly or
indirectly from the operation of a sidewalk café located on a public right-of-way.
16) Renewals and Amendments
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a. Development permits must be renewed annually. The permit holder shall submit their
request for renewal in writing.
b. A permit holder will be required to submit an application in writing to the Development
Authority for any amendment to their existing sidewalk seating plan.
17) Approval of a sidewalk café permit will require, as a conditional of approval, that the Development
Authority and the Fire Chief conduct a site inspection of the approved sidewalk café and all
elements placed therein after construction to ensure that the sidewalk café and all sidewalk café
elements are in compliance with the approved permit and that the developer is in compliance with
all other requirements of the permit before any use of the sidewalk café may commence.
FIGURE 27: SIDEWALK CAFE CROSS SECTION
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Figure 28: EXAMPLE SIDEWALK CAFE SITE PLANS
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26 | Sign Control
1) No sign of an advertising, directional or informational nature shall be erected on land or affixed to
any exterior surface of any building or structure unless an application for this purpose has been
approved by the Development Officer.
2) Excepting traffic control signs and those temporary signs outlined in Part 3.3, all signs shall comply
with the provisions set out for the district in which the sign is to be located.
3) Signage In considering a development application for a sign, the Development Authority shall:
a. have due regard to the amenities of the district in which the sign is located and the design
of the proposed sign and ensure that the sign does not conflict with the general character
of the surrounding streetscape or the architecture of nearby buildings; and
b. not permit a sign to be erected which promotes intolerance, hate or ridicule of any race,
religion or other segment of society.
Bylaw 416-18
4) A Retail Cannabis Store operator may erect up to two (2) signs for the sole purpose of business
identification on the same parcel as the premises.
a. Only permanent signs related to a Retail Cannabis Store shall be permitted.
b. Use of temporary signs related to a Retail Cannabis Store shall be prohibited.
Bylaw 416-18
5) No sign shall be erected so as to obstruct free and clear vision of vehicular traffic, or be located, or
display a light intensity or colour where it may interfere with, or be confused with any authorized
traffic sign, signal or device and in so doing create a traffic hazard.
6) Signs which overhang any municipal, provincial, or federal property are prohibited.
7) In considering a development application for a sign, the Development Officer shall have due regard
to the amenities of the district in which the sign is located and the design of the proposed sign.
8) Sign Regulations for Residential Districts
a. Within a residential district one identification sign per site may be permitted as follows :
i. a fascia sign which does not exceed 0.9 m2 (9.7 ft.2) in area to identify a home
occupation;
b. a free-standing or fascia sign which does not exceed 1.5 m2 (16.14 ft.2) in area nor 3.5 m (
11.48 ft.) in width nor 3.5m (11.48 ft.) in height to identify an apartment building, a mobile
home park or a non-commercial use.
9) Sign Regulations for Commercial and Industrial Districts
a. Within a Commercial and Industrial District, advertising, identification or directional signs
may be allowed as follows:
i. free-standing signs provided that:
1. the maximum height shall not exceed 9.0 m (29.52 ft.);
2. the maximum total sign area for each face shall be 9.29 m2 (99.99 ft.2);
3. a sign shall not project within 0.6 m (1.96 ft.) back from a property line;
4. where a sign is located in a Commercial District or on a site with frontage
on a service road in any other district, the base of the sign
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shall be located within the site and not closer than 1.5 m (4.92 ft.) to a lot
property line.
ii. fascia signs provided that the total copy area of a sign shall not exceed 20% of the
face of the building or bay to which the sign is attached;
iii. projecting signs provided that:
1. the maximum area shall be 9.29 m2 (99.99 ft.2);
2. a sign shall not rise more than 30 cm (11.81 in.) above a parapet;
10) Sign Regulations for Urban Reserve
a. Within an Urban Reserve District identification or directional signs may be allowed as
follows:
i. one fascia sign per site which does not exceed 1,000 cm2 (155.87 in2) in area to
identify a home occupation;
ii. one free-standing directional sign per site which does not exceed 1.1 m2 (11.84
ft.2) in area nor 3.5 m (11.48 ft.) in height;
iii. one free-standing or fascia sign per site which does not exceed 3.7 m2 (39.82 ft.2)
in area nor 6 m (19.68 ft.) in height to identify the permissible use in the district.
11) Billboards are prohibited within the Municipality's boundaries.
12) When an illuminated sign is located in a District adjacent to a Residential District, the illumination
from that sign shall be deflected away from the Residential District.
27 | Small Animal Breeding and Boarding Establishments and Kennels
1) A small animal breeding and boarding establishment or kennel which is to be located closer than
305.0 m (1,000 ft.) from a dwelling which is not related to the proposed development shall be
considered a discretionary use notwithstanding the use provisions contained within this Bylaw.
2) No small animal breeding or boarding establishment for dogs shall be permitted on a residential
parcel less than 2.02 ha (5.0 ac.) in area.
3) Pens, rooms, exercise runs and holding stalls may be required to be soundproofed to the
satisfaction of the Development Authority.
4) All development permit applications may be referred to the appropriate Health Authority or animal
control agency for comment prior to the Development Authority making a decision.
5) No building, use, or exterior exercise areas or runs that are used to accommodate the animals may
be located within 6.1 m (20.0 ft.) of any property line adjacent to a dwelling or a residential parcel.
6) All exterior exercise areas or runs may be required to be enclosed with a fence acceptable to the
Development Authority.
7) All dog facilities, including buildings and exterior exercise areas or runs, may be required to be sited
to the satisfaction of the Development Authority.
8) The Development Authority may regulate the hours that dogs are allowed outdoors.
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9) The Development Authority may regulate the number of animals based on size and type of animals,
size of parcel and proximity to dwellings. Dogs under six (6) months in age shall not be included in
the number.
10) Developments which house animals overnight shall be equipped with an adequate number of
indoor exercise runs relative to the maximum number of animals that can be housed.
11) A separate air extractor system shall be provided in the animal holding area where heating and air
conditioning is shared with other developments.
28 | Small Radio Communications Towers
1) Small radio communication towers, where allowed as a discretionary use under this Bylaw, shall
require an application for a Development Permit and may be approved provided that the structure
and apparatus:
a. have Industry Canada approval;
b. are camouflaged and, as far as possible, have the appearance and aesthetic of other
buildings allowed in the District;
c. meet the setback requirements of the District or meets setback requirements that are
satisfactory to the Development Authority;
d. be limited to a maximum height of 18.0 m (59.0 ft.) at its highest point. The height of a
ground-mounted antenna and support structure shall be determined by measurement
from the point at which the support structure enters the typical ground surface to the top
of the antenna at its highest position;
e. be a free-standing, ground-mounted unit;
f.
notwithstanding PART 12.27(1)(e), be a roof-mounted unit where the applicant can
demonstrate that a ground-mounted unit would prohibit adequate transmission or
reception of radio signals. The antenna and support structure of a roof-mounted unit shall
be installed on the roof of a building to a maximum combined height of 18.0 m (59.0 ft.)
from the typical ground surface to its highest point;
g. be located in a rear yard only;
h. not be illuminated, nor have attached to it any advertising, graphics, flags or other
elements unrelated to its function as a component of a radio signal transmitting and
receiving device; and
i.
be landscaped to screen the base of the antenna and reduce negative visual impact on
adjacent properties. The Development Officer may require screening and landscaping
around the lower portion of the support structure where, in the opinion of the
Development Officer, such measures would reduce potential negative visual impact of the
structure on adjacent properties.
2) All small radio communications towers shall have landscaping that reflects the typical landscaping
in the District.
3) The development of all small radio communications towers shall follow the regulations of Industry
Canada including public consultation as required.
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29 | Solar Energy Collection System
1) Ground mounted solar energy collection systems shall be located in a side or rear yard only.
2) When a solar energy collection system is installed on a lot, accessory structure or vegetation on an
abutting lot shall not be located so as to block the solar collector's access to solar energy. The
portion of a solar collector that is protected is the portion which:
a. is located so as not to be shaded between the hours of 10:00 a.m. and 3:00 p.m. by a
hypothetical 12-foot obstruction located on the lot line; and
b. has an area not greater than one-half of the heated floor area of the structure, or the
largest of the structures, to be served.
3) PART 12.28(2) does not apply to structure or vegetation existing in an abutting lot at the time of
installation of the solar energy collection system, or the effective date of this Bylaw, whichever is
later. Said subjection controls any structure erected on, or vegetation planted in, abutting lots after
the installation of the solar energy collection system.
30 | SUITES
1) Suites shall be considered discretionary uses in all Residential districts that allow for single
detached dwelling and duplex dwelling developments. A suite may be located in:
a. A basement suite or upper floor suite; or
b. An attached garage suite; or
c. An above detached garage suite.
2) All Suites shall:
a. Comply with all Alberta Building Code standards, fire regulations and all municipal and
provincial regulations;
b. Have minimal structural changes to the front outside of the building and shall appear as a
single dwelling unit;
c. Be a minimum of 30 m2 (323 ft.2)
d. Provide parking onsite in accordance with the parking provisions of this Bylaw, as well as
the requirements of the specific Land Use District the development is located within. All
stalls provided for the suite shall be graded and gravelled to the satisfaction of the
Development Authority;
e. Have an outdoor amenity area acceptable to the Development Authority;
f.
Not generate traffic uncharacteristic to the residential area; and
g. Not disturb the quiet enjoyment of the residential environment.
3) Garage Suites
a. A garden suite shall only be allowed, where provided for in a Land Use District, on a lot
occupied by a single detached dwelling.
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b. A garage suite shall not be allowed on a lot with a duplex, fourplex, row house or
apartment.
c. A maximum of one (1) garage suite is allowed on any lot on which a single detached
dwelling is located.
d. If a garage suite is developed on a lot then no additional suite shall be allowed.
e. A garage suite shall remain accessory to and subordinate to the principal dwelling and shall
not exceed 80.0 m2 (860.0 ft2) in floor area.
f.
A garage suite shall remain accessory to and subordinate to the use of the garage.
g. Shared mechanical rooms and common areas shall be excluded from the floor area
calculation of the garage suite.
h. A garage suite includes, but not limited to, a food preparation area, counter/cupboard
space, sink, refrigerator, stove or provision of 220 volt wiring and toilet with bathing
facilities.
i.
A garage suite shall have an entrance separate from the entrance to the garage, either
from a common indoor landing or directly from the exterior of the structure.
j.
At grade garage suites shall have a maximum height of 4.5 m (14.8 ft).
k. Above grade garage suites shall have a maximum height of 5.5 m (18.0 ft) for suites with a
flat roof, and 6.5 m (21.3 ft) for suites with a sloped roof, provided that the maximum
height of the accessory building in which the garage suite is located is not higher than the
height of the principal dwelling.
l.
Prior to development permit approval, the developer must submit, along with an
application for a development permit, a parking plan that indicates the location and size of
the onsite parking spaces.
m. One onsite parking stall shall be provided for the secondary suite, in addition to the parking
requirements for the principal dwelling pursuant to this Bylaw. Tandem parking may be
permitted at the discretion of the Development Authority.
n. Windows contained within a garage suite shall be placed and sized such that they minimize
overlook into yards and windows of abutting properties through one or more of the
following:
i. off-setting window placement to limit direct views of abutting rear or side yard
amenity areas,or direct view into a garage suite window on an abutting site;
ii. strategic placement of windows in conjunction with landscaping or the placement
of other accessory buildings; and
iii. replacing larger windows such as living room windows, to face a lane, a flanking
street, or the larger of any side yard abutting another property.
4) Secondary Suites (Basement or Upper Floor of Principal Building)
a. A secondary suite shall be restricted to a site occupied by a single detached dwelling or a
duplex.
b. A secondary suite is prohibited from being constructed within a multi-family dwelling.
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c. A maximum of one secondary suite or in-law suite is permitted on a site occupied by any
single detached dwelling or duplex.
d. If a secondary suite is developed on a lot then no additional suite shall be allowed.
e. A secondary suite shall remain accessory to and subordinate to the principal dwelling. The
maximum floor area of the secondary suite shall not exceed 30 percent of the existing floor
area of the primary dwelling unity or 80.0 m2 (860.0 ft2) whichever is the lesser.
f.
Shared mechanical rooms and common areas shall be excluded from the floor area
calculation of the secondary suite.
g. A secondary suite includes, but not limited to, a food preparation area, counter/cupboard
space, sink, refrigerator, stove or provision of 220 volt wiring and toilet with bathing
facilities.
h. A secondary suite has an entrance separate from the entrance to the principal dwelling,
either from a common indoor landing or directly from the exterior of the building.
i.
A secondary suite may include the conversion of a portion of existing space in the principal
dwelling, the addition of new floor space to an existing dwelling.
j.
Prior to development permit approval, the developer must submit, along with an
application for a development permit, a parking plan that indicates the location and size of
the onsite parking spaces.
k. One onsite parking stall shall be provided for the secondary suite, in addition to the parking
requirements for the principal dwelling pursuant to this Bylaw. Tandem parking may be
permitted at the discretion of the Development Authority.
31 | Surveillance Suites
1) Surveillance suites shall not be allowed on a site unless specifically listed as a permitted or as a
discretionary use within the District in which the site is located.
2) Site Location
a. A surveillance suite which is not attached to or within the principal building shall be
located:
i. a minimum of 2.0 m (6.6 ft.) from any buildings,
ii. a minimum of 3.0 m (9.8 ft.) from the rear and side lines, and
iii. no closer to the front line than the principal building.
3) Maximum Size
a. A surveillance suite shall not be larger in area than the principal building and the maximum
floor area of a surveillance suite shall be 32.6 m2 (351.0 ft.2).
4) Building Requirements
a. A surveillance suite shall be placed on a permanent foundation to the satisfaction of the
Development Officer. Where a surveillance suite is a manufactured unit, the unit shall be
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secured to a foundation and properly skirted to the satisfaction of the Development
Authority.
b. The exterior treatment of a surveillance suite must be compatible with the design,
character, and appearance of the principal building, and comply with any provisions
required in this Bylaw.
32 | Wind Energy Conversion Systems, Large
1) Prior to making a decision on an application for a development permit for a large wind energy
conversion system, the Development Authority shall consider input from:
a. any adjacent municipality should the proposed development be located within 2.0 km (1.2
mi. ) of the municipality, and
b. landowners within 2.0 km (1.2 mi. ) of the proposed development.
2) Should a large wind energy conversion system discontinue producing power for a minimum of two
(2) years, the system operator shall be required to provide a status report to the Development
Authority. The Development Authority may then require that the system be decommissioned.
Failure to comply with a decommissioning requirement shall be considered to be a breach of this
Bylaw, and subject to the enforcement provisions of Part 9 of this Bylaw.
3) Property line setbacks
a. A large wind energy conversion system shall comply with all the setbacks related to roads
and highways that govern the principal use in the District in which it is located.
b. Where, in the opinion of the Development Authority, the setbacks referred to in Part
12.31(3)(a) are not sufficient to reduce the impact of a large wind energy conversion
system from a road or highway, the Development Authority may increase the required
setback.
c. The turbine base shall be no closer to the property line than four times the height of the
wind turbine tower. Where in the opinion of the Development Authority the setback from
the property line should be varied, the Development Authority may require an acoustical
study to establish appropriate setbacks.
4) Minimum Vertical Blade Clearance
a. The minimum vertical blade clearance from grade shall be 7.4 m (24.6 ft.) for a wind energy
conversion system employing a horizontal axis rotor unless otherwise required by the
Development Authority.
5) Public Safety Requirements
To ensure public safety, the Development Authority may require that:
a. a secure fence not less than 1.8 m (5.9 ft.) in height with a lockable gate surround a large
wind energy conversion system tower if the tower is climbable or subject to vandalism that
could threaten tower integrity;
b. no ladder or permanent tower access device be located less than 3.7 m (12.1 ft.) from
grade;
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c. a locked device be installed on the tower to preclude access to the top of the tower; and
d. such additional safety mechanisms or procedures be provided as the Development
Authority may consider reasonable and appropriate.
The use of tubular towers, with locked door access, may, at the discretion of the
Development Authority, make the above requirements unnecessary.
e. All power lines on the site of a large wind energy conversion system to the power grid or a
power substation will be underground except where the Development Authority
specifically approves overhead or above grade installations.
6) Appearance
a. Unless otherwise required by the Development Authority, a large wind energy conversion
system shall be finished in a non-reflective matte and in a colour which minimizes the
obtrusive impact of a system to the requirements of the Development Authority.
b. No lettering, advertising or other symbol shall appear on the towers or blades. On other
parts of the large wind energy conversion system, the only lettering or symbol allowed will
be the manufacturer's and/or owner's identification or symbol and then, only upon the
approval of and at the discretion of the Development Authority.
7) The Development Authority may approve a large wind energy conversion system on a case-by-case
basis having regard for:
a. information provided in the application,
b. the proximity of the proposed development to other land uses,
c. the cumulative effect of all wind energy conversion systems approved or proposed in the
area,
d. underlying utilities, and
e. information received from the circulation of the application and from the public.
8) Compliance With Traffic Safety Regulations
a. Large wind energy conversion systems must comply with applicable air traffic safety
regulations. A statement of compliance by the applicant is sufficient. Transport Canada
must be notified of the location (latitude and longitude) and height of all wind turbine
installations through the aeronautical clearance application process. Wind turbine towers
shall not be artificially lit except as required by Navigation Canada.
33 | Wind Energy Conversion Systems, Micro
1) Notwithstanding any other provisions in this Bylaw, micro wind energy conversion systems, which
are systems with a rated capacity of less than 0.5 KW, may only be roof mounted or ground
mounted within a side or rear yard.
2) Micro wind energy conversion systems shall be required to conform to set back requirements for
accessory buildings.
3) Maximum height shall be the maximum height provisions that apply within the District in which the
micro wind energy conversion system is located.
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4) One micro wind energy conversion system is allowed per lot. A second system may be allowed at
the discretion of the Development Authority if the applicant can demonstrate that there is
adequate room on the site.
34 | Wind Energy Conversion Systems, Small
1) Wind Turbine Tower Height
a. For property sizes between 0.1 ha (0.25 acre) and 0.2 ha (0.5 ac.) the wind turbine tower
height shall be limited to 25.0 m (80.0 ft.). For property sizes of 0.2 ha (0.5 ac.) or more,
there is no limitation on wind turbine tower height, subject to the setback requirements
below, and provided that the application includes evidence that the proposed height does
not exceed the height recommended by the manufacturer or any distributor of the system.
2) Property Line Setbacks in the Urban Reserve District
a. The turbine base shall be no closer to the property line than the height of the wind turbine
tower, and no part of the system structure, including guy wire anchors, may extend closer
than 3.0 m (10.0 ft.) to the property boundaries of the installation site. Additionally, the
outer and innermost guy wires must be marked and clearly visible to a height of 2.0 m (6.0
ft.) above the guy wire anchors. The Development Authority may waive setback
requirements from adjacent properties if such adjacent property owner agrees to grant an
easement binding on current and future owners.
3) Property Line Setbacks in the Commercial and Semi-Public Districts
a. The turbine base shall be no closer to the property line than the height of the wind turbine
tower, and no part of the system structure may extend closer than (3.0) m (10.0 ft.) to the
property boundaries of the installation site. The Development Authority may waive
setback requirements from adjacent properties if such adjacent property owner agrees to
grant an easement binding on current and future owners.
b. Mounting using guy wires shall be allowed in:
i. the Industrial (G-1) District, and
ii. the Urban Reserve (UR) District.
c. The applicant will be required to provide the Development Authority with information
regarding the proposed means of mounting the turbine prior to development approval.
4) Noise
a. The mean value of the sound pressure level from small wind energy conversion systems
shall not exceed more than 6.0 decibels (dBA) above background sound, as measured at
the exterior of the closest neighbouring inhabited dwelling (at the time of installation or
during operation), for wind speeds below 10 m/s (22.0 mph) and except during short-term
events such as utility outages and/or severe wind storms.
5) Compliance with Building Code and Alberta Utility Commission
a. Development permit applications for small wind energy conversion systems shall be
accompanied by standard drawings of the wind turbine structure, including the tower,
base, footings, and anchoring method, all drawn to scale. An engineering analysis of the
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PART 12
wind turbine tower showing compliance with the Alberta Utility Commission and
International Building Code requirements must be provided with the development permit
application. All drawings must be certified by a licensed professional mechanical,
structural, or civil engineer shall also be submitted. Documentation of this analysis
supplied by the manufacturer shall be accepted.
6) Compliance with Air Traffic Safety Regulations
a. Small wind energy conversion systems must comply with applicable air traffic safety
regulations. A statement of compliance by the applicant is sufficient. Transport Canada
must be notified of the location (latitude and longitude) and height of all wind turbine
installations through the aeronautical clearance application process. Wind turbine towers
shall not be artificially lit except as required by Navigation Canada.
7) Compliance with Existing Electric Codes
a. Building permit applications for small wind energy systems shall be accompanied by a line
drawing of the electrical components in sufficient detail to allow for a determination that
the manner of installation conforms to existing electrical codes. This information is
frequently supplied by the manufacturer.
8) Utility Notification
a. No small wind energy conversion system that is tied into a grid shall be installed until
evidence has been given that the power utility has been informed of the customer's intent
to install an interconnected customer-owner generator. A copy of a letter to the
applicant's power utility is sufficient. No response or evidence of approval from the power
utility is required. Off-grid systems and grid-tied systems that are not capable of feeding
onto the grid with advanced control grid fault protection and disconnect switches covered
under the electrical code shall be exempt from the requirement.
9) Number per Lot
a. One small wind energy conversion system is allowed per lot. A second system may be
allowed at the discretion of the Development Authority if the applicant can demonstrate
that there is adequate room on the site.
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Part13
PART 13- Land Use Districts
1 | Establishment of Districts
1) For the purposes of this Bylaw, the land within the boundaries of the Municipality shall be divided
into one or more of the Districts as established in Part 13.2.
2) Throughout this Bylaw and amendments thereto a District may be referred to either by its full name
or its abbreviation as set out in Part 13.2.
2 | Districts
Land Use District Name
Land Use District Label
Residential - Single Detached Estate Lot
R-E
Residential - Restricted Single Detached
RR-1
Residential - Single Detached
R-1
Residential - Multi-Family
R-MF
Residential - Mobile Home Park
R-MHP
Central Business
CB
Highway Commercial
C-HWY
General Industrial
G-1
Public-Quasi Public District
P
Urban Reserve
UR
3 | Land Use District Map
1) The Land Use District Map, as may be amended or replaced by Bylaw from time to time, is that
Map attached to and forming part of this Bylaw and among other things bearing the following
identification:
a. Village of Longview Land Use District Map; and
b. Adopted by the Council of the Village of Longview;
2) The location of boundaries shown on the Land Use Map shall be determined using the following
criteria:
a. Where a boundary is shown following a street, land, stream or canal, it shall be deemed to
be following the centre line thereof;
b. Where a boundary is shown as approximately following a lot line, it shall be deemed to be
following the lot line; and
c. Notwithstanding (a) and (b) the adjacent land use district shall extend to the location of
the established corporate limits.
3) Where a boundary cannot be determined by the preceding criteria, the exact location of the
boundary shall be decided by Council either on its own motion or upon written application being
made to it by any person requesting the determination of the exact location of the boundary.
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R-E
PART 13
RESIDENTIAL - SINGLE Detached ESTATE LOT DISTRICT (R-E) LAND USE District
1) Purpose and Intent
a. The purpose and intent of this district is to provide for a low density single detached
residential development.
2) Permitted Uses
a. Dwellings, Single Detached
b. Garages, Private
c. Parks
d. Tented Structures, Temporary
3) Discretionary Uses
a. Accessory Buildings
b. Bed and Breakfast Accommodation
c. Commercial Communications (CC) Facility
d. Communications Tower, Small Radio
e. Community Buildings and Facilities
f.
Greenhouses, Private
g. Home Occupations (Major and Minor)
h. Public and Quasi-Public Buildings, Installations and Facilities
i.
Signs
j.
Suites
4) General Requirements
a. In addition to the general and special land use provisions contained in Parts 11 & 12, the
following provisions as contained within this section shall apply to every development in
this district.
5) Minimum Requirements
a. Area of Site:
1486.5 m2 (16,000.56 ft.2)
b. Width of Site:
30.48 m (100 ft.)
c. Front Yard:
i. Key Sites:
6 m (19.68 ft.)
ii. All other Sites:
8 m (26.24 ft.)
d. Side Yard:
i. Principal Buildings:
1. street side of corner site:
3 m (9 .84 ft. )
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R-E
DISTRICTS
2. all other sites:
2 m (6.56 ft.)
ii. Accessory Buildings:
1. street side of corner site:
3 m (9.84 ft.)
2. all other sites:
1 m (3 .28 ft.)
3. where a fire resistant wall is provided , no side yard is required.
e. Rear Yard:
i. Principal Buildings:
8 m (26.24 ft.)
ii. Accessory Buildings:
1 m (3.28 ft.)
f.
Habitable Floor Area:
111.5 m2 ( 1,200.1 7 ft.2 )
6) Maximum Limits
a. Coverage of Site:
i. All buildings inc. Accessory Buildings:
40% of the area of site
ii. All Accessory Buildings:
10% of the site
b. Height of Buildings:
i. Principal Buildings:
9m (29.52 ft.)
ii. Accessory Buildings:
4.5m (14.76 ft.)
7) Residential Buildings on Same Site
a. No person may erect a residential building on a site on which another residential building
is already located.
8) Other- Requirements
a. The Development Officer may specify such other requirements as they deem necessary or
desirable having regard to the nature of a proposed development and the purpose of the
district.
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RR-1
DISTRICTS
RESIDENTIAL - RESTRICTED SINGLE Detached DISTRICT (RR-1) LAND USE DISTRICT
1) Purpose and Intent
a. The purpose and intent of this district is to provide for detached singles family residential
development having a moderately low density.
2) Permitted Uses
a. Dwellings, Single Detached
b. Dwelling, Single Detached (1-3-1777JK manufactured or mobile home)
c. Garages, Private
d. Parks
e. Tented Structures, Temporary
3) Discretionary Uses
a. Accessory Buildings
b. Bed and Breakfast Accommodations
c. Commercial Communications (CC) Facility
d. Communications Tower, Small Radio
e. Greenhouses, Private
f.
Home Occupations (Major and Minor)
g. Public, Quasi-Public Buildings, Installation and Facilities
h. Signs
i.
Suites
4) General Requirements
a. In addition to the general and special land use provisions contained in Parts 11 & 12, the
following provisions as contained within this section shall apply to every development in
this district.
5) Minimum Requirements
a. Area of Site:
930 m2 (10,010.44 ft.2).
Notwithstanding the minimum Area of Site, any lot existing at the effective date of this
Bylaw that does not meet the minimum Area of Site requirement is deemed to comply
with this Bylaw.
b. Width of Site:
25m (82.02 feet).
Notwithstanding the minimum Width of Site provision of this District, any lot of separate
record in the Land Titles Office existing at the effective date of this Bylaw that has a Width
of Site less than the minimum is deemed to comply with this Bylaw.
c. Front Yard:
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PART 13
i. Key Sites:
6 m (19.68 feet)
ii. All other Sites:
6 m (19.68 feet)
d. Side Yard:
i. Principal Buildings
1. street side of corner site:
3 m (9.84 feet)
2. all other sites:
1.2 m (4.0 feet)
e. Accessory Buildings:
i. street side of corner site:
3 m (9.84 feet)
ii. all other sites:
1 m (3.28 feet)
iii. where a fire resistant wall is provided, no side yard is required
f.
Rear Yard:
i. Principal Buildings:
8 m (26.24 feet )
ii. Accessory Buildings:
1 m (3.28 feet)
g. Habitable Floor Area:
93 m2 (1,001.04 square feet)
6) Maximum Limits
a. Coverage of Site:
i. All buildings inc. Accessory Buildings:
40% of the area of site
ii. All Accessory Buildings:
10% of the site
b. Height of Buildings
i. Principal Buildings:
9 m (29.52 feet)
ii. Accessory Buildings:
4.5m (14.76 feet)
7) Residential Buildings on Same Site
a. No persons may erect a residential building on a site on which another residential building
is already located.
8) Other Requirements
a. The Development Officer may specify such other requirements as they deem necessary or
desirable having regard to the nature of a proposed development and the purpose of the
district.
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R-1
DISTRICTS
RESIDENTIAL - SINGLE Detached DISTRICT (R-1) LAND USE District
1) Purpose and Intent
a. The purpose and intent of this district is to provide for residential development in the form
of single detached housing.
2) Permitted Uses
a. Accessory Building
b. Dwellings, Single Detached (one storey only) unless otherwise approved by Council
c. Garages, Private
d. Greenhouses, Private
e. Parks
f.
Manufactured Homes (and Additions) - Lot 3 Block 8 Plan 6918 JK (606 Riverview Place):
for the life of the building and approved additions (See subsection 9 in this district)
g. Tented Structures, Temporary
3) Discretionary Uses
a. Bed and Breakfast Accommodations
b. Child Care Facilities
c. Commercial Communications (CC) Facility
d. Community Buildings and Facilities
e. Public, Quasi-Public Buildings, Installations and Facilities
f.
Place of Worship
g. Signs
h. Suites
4) General Requirements
a. In addition to the general and special land use provisions contained in Parts 11 & 12, the
following provisions as contained within this section shall apply to every development in
this district.
5) Minimum Requirements
a. Area of Site:
464 m2 (4994.45 ft.22)
b. Width of Site:
15 m (49.21 ft.)
c. Front Yard:
i. Key Sites:
6 m (19.68 ft.)
ii. All other Sites:
8 m (26.24 ft.)
iii. Escarpment Lots 11 to 14
6 m (19.68 ft.)
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R-1
PART 13
Block 8 Plan 0012663
iv. All other Sites:
6 m (19.68 ft.)
d. Side Yard:
i. Principal Buildings:
1. street side of corner site:
3 m (9.84 ft.)
2. all other sites:
1.2 m (4.0 feet)
ii. Accessory Buildings:
1. street side of comer site:
3 m (9.84 ft.)
2. all other sites:
1 m (3.28 ft.)
3. where a fire resistant wall is provided, no side yard is required.
e. Rear Yard:
i. Principal Buildings:
8 m (26.24 ft.)
ii. Accessory Buildings:
1 m (3.18 ft.)
iii. Accessory Buildings within
Plan 1777JK Block 5 Lot 21
0.61 m (2.0 ft.)
f.
Habitable Floor Area:
84 m2 (904. 16 ft.2)
6) Maximum Limits
a. Coverage of Site:
i. All buildings inc. Accessory Buildings:
40% of the site
ii. All Accessory Buildings:
10% of the site
b. Height of Buildings:
i. Principal Buildings:
9 m (29.52 ft.)
ii. Accessory Buildings:
4.5 m (14.76 ft.)
7) Residential Buildings on Same Site
a. No person may erect a residential building on a site on which another residential building
is already located.
8) Other Requirements
a. The Development Officer may specify such other requirements as they deems necessary
or desirable having regard to the nature of a proposed development and the purpose of
the district.
9) Special Regulations:
a. The Manufactured or Mobile Home and any approved additions on Lot 3 Block 8 Plan 6918
JK shall be recognized as a residence, but should the use be discontinued for a period of
six (6) months or more or be destroyed by fire to 75% or more, then the building and
additions shall be replaced by a stick built dwelling.
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R-MF
DISTRICTS
RESIDENTIAL - MULTI-FAMILY DISTRICT (R-MF) LAND USE District
1) Purpose and Intent
a. The purpose and intent of this District is to provide for residential development in the form
of single detached and duplex and semi-detached dwellings.
2) Permitted Uses
a. Accessory Building
b. Attached Housing
c. Dwelling, Duplexes
d. Dwelling, Semi-Detached
e. Dwellings, Single Detached
f.
Garages, Private
g. Parks
h. Tented Structures, Temporary
3) Discretionary Uses
a. Bed and Breakfast Accommodations
b. Child Care Facilities
c. Commercial Communications (CC) facility
d. Communications Tower, Small Radio
e. Dwelling, Apartment
f.
Home Occupations (Major and Minor)
g. Public and Quasi-Public Buildings, Installations and Facilities
h. Places of Worship
i.
Signs
j.
Suites
4) General Requirements
a. In addition to the general and special land use provisions contained in Parts 11 & 12, the
following provisions as contained within this section shall apply to every development in
this district.
5) Minimum Requirements
a. Area of Site:
i. Attached Houses (Row Housing, Town housing):
1. 186 m2 (2,002.09 ft.2) for each internal dwelling unit in a building;
2. 233 m2 (2,507.99 ft.2) for each end dwelling unit in a building; and
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R-MF
PART 13
3. 279 m2 (3,003.21 ft.2) for each dwelling unit with a side yard abutting a
street.
ii. Duplexes:
1. 464 m2 (4,994.45 ft.2) for both residential units
iii. Semi-Detached Dwellings:
1. except as in below, 279 m2 (3003.13 ft.2) for each dwelling unit; and
2. 326 m2 (3509.03 ft.2) for each dwelling unit with a side yard abutting a
street.
iv. Single Detached Dwellings: 464 m2 (4,994.45 ft.2)
b. Width of Site:
i. Attached Houses:
1. 6 m (20.1 ft.) for each internal dwelling unit in a building;
2. 7.5 m (24.6 ft.) for each end dwelling unit in a building; and
3. 9 m (29.52 ft.) for each dwelling unit with a side yard abutting a street.
ii. Duplexes: 15 m (49.2 ft.)
iii. Semi-Detached Dwellings:
1. except as in part 2 below, 9 m (29.52 ft.) for each dwelling unit; and
2. 10.5 m (34.44 ft.) for each dwelling unit with a side yard abutting a street.
iv. Single Detached Dwellings: 15 m (49.21 ft.)
c. Front Yard:
i. Front yards shall be a minimum of 8 m (26.24 ft.)
ii. In a new subdivision, the front yard setbacks of principal buildings shall be varied
in order to maximize the visual amenity of the district.
d. Side Yards
i. Principal Buildings:
1. street side of a corner site:
3 m (9.84 ft.)
2. all other sites:
1.2 m (4.0 feet)
ii. Accessory Buildings:
1. street side of a comer site:
3 m (9 .84 ft.)
2. all other sites:
1 m (3.28 ft.)
e. Rear Yards:
i. Principal Building:
8 m (26.24 ft.)
ii. Accessory Buildings:
1 m (3.28 ft.)
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R-MF
DISTRICTS
f.
Habitable Floor Area Per Unit:
i. Attached Housing:
74 m2 (796.56 ft.2)
ii. Duplexes:
74 m2 (796.56 ft.2)
iii. Semi-Detached Dwellings:
74 m2 (796.56 ft.2)
iv. Single Detached Dwellings:
84 m2 (904.16 ft.2)
6) Maximum Limits
a. Coverage of Site:
i. All buildings inc. Accessory Buildings:
40% of the site
ii. All Accessory Buildings:
10% of the site.
7) Height of Buildings:
a. Principal Building:
9 m (29.52 ft.)
b. Accessory Buildings:
4.5 m (14.76 ft.)
8) Recreational and Landscaping Requirements For Multi-Family Housing
a. The minimum recreational and landscaping area required per dwelling unit for multi-family
housing units shall be provided in accordance with the following table:
Size of Unit
Area Required for Recreational Size of Unit
and Landscaping Purposes
Bachelor Unit
14 m2 (150.69 ft.2)
1 bedroom unit
19 m2 (204.52 ft.2)
2 bedroom unit
54 m2 (581.27 ft.2)
3 bedroom unit
89 m2 (958.02 ft.2)
4 bedroom unit
123 m2 (1,324.00 ft.2)
9) On sites developed for multi-family units, the location of recreational facilities and the quality of
landscaped areas shall be provided to the satisfaction of the Development Officer.
Page 129
R-MHP
PART 13
RESIDENTIAL - Manufactured HOME PARK DISTRICT (R-MHP) LAND Use District
1) Purpose and Intent
a. The purpose and intent of this district is to accommodate parks for manufactured homes
used for residential purposes.
2) Permitted Uses
a. Accessory Building
b. Manufactured Homes
c. Manufactured Home Parks
d. Parks
e. Tented Structures, Temporary
3) Discretional Uses
a. Bed and Breakfast Accommodations
b. Commercial Communications (CC) Facility
c. Communications Tower, Small Radio
d. Private Recreational Facilities
e. Public, Quasi-Public Buildings, Installations and Facilities
f.
Accessory Buildings (for Park use only)
g. Storage Yard
h. Signs
4) General Requirements
a. In addition to the general and special land use provisions contained in Parts 11 & 12, the
following provisions as contained within this section shall apply to every development in
this district.
b. The park owner shall obtain written permission from the Local Board of Health prior to
commencing operation of the park.
c. Compliance with the requirements as set out in this Bylaw does not afford relief from
compliance with any Board of Health regulations.
d. All mobile homes shall be located on the plan approved by the Development Officer.
e. All mobile home lots shall meet the minimum requirements as set out in this Bylaw but
shall be varied in size to accommodate mobile homes of varying dimensions.
f.
Prior to the location of mobile homes in the park, the park owner shall establish guidelines
and standards satisfactory to the Development Officer governing the design and materials
of carports, patios, porches, storage buildings, skirting (including hitches), fences, fuel
storage and supply facilities and other attached or detached structures.
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R-MHP
DISTRICTS
g. The park owner shall inform park residents of their responsibilities with respect to this
Bylaw and shall be responsible for developing and operating the park in compliance with
them.
h. The park owner shall ensure that each mobile home is levelled, blocked and skirted, and
the hitch screened or skirted within 30 days of being sited on the lot.
5) Minimum Requirements
a. Area of Site:
i. Mobile Home Park Lots:
1. no lot in a mobile home park used for a single-wide mobile home shall
have a mean width of less than 10.6 m (34.77 ft.) and a total area of less
than 334.4 m2 (3 ,599.45 ft.2);
2. no lot in a mobile home park used for a double- wide mobile home shall
have a mean width of less than 15 m (49.21 ft.) and a total area of less
than 371.6 m2 (3 ,999.87 ft.2);
3. the mean width shall be computed by adding the front and rear lot widths
and dividing by two.
b. Habitable Floor Area:
55.7 m2 (599.55 ft.2)
c. Maximum Limits:
i. Height of Buildings:
1. Principal Buildings:
5.4 m (17.71 ft.)
2. Accessory Buildings:
4.5 m (14.76 ft.)
ii. Coverage of Site:
1. All buildings together, including accessory buildings: 35% of site. No
mobile home park shall allow a density exceeding 7 units per gross acre.
6) Park Development
a. General
i. Parks shall be used for residential purposes including those uses and their
associated facilities which, in the opinion of the Development Officer are clearly
provided to serve the needs of the park residents,
ii. A minimum of 10 percent of the total area of a mobile home park shall be set aside
for the recreational use and enjoyment of the park occupants in a manner and
location satisfactory to the Development Officer. This area does include reserve
dedications under The Act;
iii. In addition to the above, each park shall provide on its perimeter a buffer of not
less than 3m (9.84 ft.) in width or other edge treatment satisfactory to the
Development Officer;
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R-MHP
PART 13
iv. All areas of a park not developed or occupied by park roads, walkways, driveways,
parking aprons, buildings, or other development facilities including playgrounds,
shall be landscaped by the developer;
v. Outdoor lighting in the park shall be integrated in design and appearance and
conform with the requirements and specifications of the C.S.A. Standard 92.2
Roadway Lighting;
vi. Signs shall be of a character suitable to a residential area and of a size, height and
type satisfactory to the Development Officer.
b. Lot Requirements:
i. Each lot shall be provided with a horizontal, stable parking apron suitable for
blocking and levelling;
ii. Mobile homes shall be sited on parking aprons and the homes, including attached
structures, shall be:
1. within the boundaries of the lot;
2. at least 4.5 m (14.76 ft.) from every adjacent mobile home, carport, porch
and any structure, or permanent park structure and 3 m (9.84 ft.) from
any park boundary;
3. at least 1.5 m (4.92 ft.) from any park street;
4. at least 15m (49.21 ft.) from any mobile home including any attached
structure, or permanent park structure located directly the opposite side
of a park street;
5. at least 15 m (49.21 ft.) from any major thoroughfare ;
6. at least 27.4 m (89.89 ft.) from any Highway right-or-way;
7. abutting a park street and have an access way, with a minimum width of
4.2 m (13.77 ft.) , from the park street;
8. clearly defined on the ground by permanent flush stakes, markers, or
other means and permanently marked with a lot number or other address
system.
c. Vehicular - Pedestrian Areas:
i. All park roads shall be constructed and surfaced to the Municipality's
specifications. Minor streets shall have minimum carriageways of 4.2 m (13 .77 ft.)
and collector streets shall have minimum carriageways of 9.1 m (29.85 ft.);
ii. Two off-street parking spaces shall be provided on, or adjacent to each mobile
home lot and shall be:
1. surfaced to the Municipality's specifications;
2. not less than 27.8 m2 (299.23 ft.2) in area for 2 vehicles or less than 2.4m
(7.87 ft.) wide.
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R-MHP
DISTRICTS
iii. Internal pedestrian walkways where provided, shall have a hard surfaced width of
1.2m (3.93 ft.) and shall be constructed to the satisfaction of the Municipality.
d. Service and Auxiliary Buildings:
i. The location and design of all service and auxiliary facilities are subject to the
approval of the Development Officer;
ii. All service buildings must be accessible by a park street;
iii. A screened storage compound equivalent to I parking stall per unit shall be
provided for trucks, campers, travel trailers, snowmobiles, boats, etc., at a location
and in a manner satisfactory to the Development Officer.
e. Utilities:
i. Each mobile home lot shall be connected to and be serviced by the Municipality's
sanitary sewer, water supply and electric power systems and serviced with a
petroleum fuel system;
ii. Electricity shall be individually metered for each mobile home.
7) Other Requirements
a. The Development Officer may specify such other requirements as deemed necessary
having regard to the nature of a proposed development and the purpose of the district in
which it is to be located.
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CB
PART 13
CENTRAL BUSINESS DISTRICT (CB) LAND USE District
8) Purpose and Intent
a. The purpose and intent of this district is to provide for a wide variety of commercial
developments serving the Municipality and the surrounding areas.
9) Permitted Uses
a. Art, Craft and Photography Studios
b. Community Buildings and Facilities
c. Clinics
d. Dwelling, Single Detached, located at : Lots 4, 6, 8, 9, Block 4, Plan 1777JK; Lots 1, 2, 6,
Block 3, Plan 1777JK; Lot 3, Block 2, Plan 1777JK and Lots 1, 2, Plan 9510881
e. Financial Institutions
f.
Office Uses
g. Parks
h. Personal Services Shops
i.
Eating and Drinking Establishments
j.
Retail Stores
10) Discretionary Uses
a. Accessory Use
b. Amusement Establishments, Indoor
c. Car and Truck Washing Establishments
d. Child Care Facilities
e. Commercial Communications (CC) Facility
f.
Communications Tower, Small Radio
g. Drinking Establishment
h. Drive-in Restaurant
i.
Dry Cleaning Establishments
j.
Entertainment and Cultural Establishment
k. Funeral Homes
l.
Gas Bars
m. Hotels and Motels
n. Industrial Service Shop, Located at: Lot 4 Block I Plan 1777 JK
o. Laundromat
p. Mixed Use Development
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DISTRICTS
q. Parking Lots
r. Private Clubs
s. Public, Quasi-Public Buildings, Installations and Facilities
t. Repair and Service Shops
u. Retail Cannabis Store Bylaw 416-18
v. Signs
11) General Requirements
a. In addition to the general and special land use provisions contained in Parts 11 & 12, the
following provisions as contained within this section shall apply to every development in
this District.
12) Minimum Requirements
a. Area of Site:
i. Motels and Hotels:
1,115 m2 (12,001.76 ft.2)
ii. Service Stations:
1,858 m2 (19,999.35 ft.2)
iii. Gas Bars:
929 m2 (9,999.67 ft.2)
iv. Other Uses:
464 m2 (4,994.45 ft.2)
b. Width of Site:
i. Motels and Hotels:
30 m (98.42 ft.)
ii. Service Stations:
30 m (98.42 ft.)
iii. Gas Bars:
30 m (98.42 ft.)
iv. Other Uses:
15 m (49.21 ft.)
c. Front Yard:
i. Commercial:
none required
ii. Mixed Use Development:
none required
iii. Residential:
1. Key Sites:
6 m (19.68 ft.)
2. All other sites:
8 m (26.24 ft.)
d. Rear Yard:
i. Commercial:
6 m (19.68 ft.)
ii. Mixed Use Development:
6 m (19.68 ft.)
1. Residential
a. Principal Buildings:
8 m (25.24 ft.)
b. Accessory Buildings:
1 m (3.28 ft.)
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PART 13
e. Side Yards: Commercial and Mixed Use Development
i. Side adjacent to a residential district or abutting those lots specified within the
purpose and intent of this district: 3m (9.84 ft.)
ii. All other locations and existing buildings: None required, but if a yard is provided,
it shall be a minimum of 1 m (3.28 ft.)
f.
Side Yards: Residential:
i. Principal Buildings:
1. street side of corner site:
3 m (9 .84 ft.)
2. all other sites:
1 m (3.28 ft.)
ii. Accessory Building:
1. street side of corner site:
3 m (9.84 ft.)
2. all other sites:
1 m (3.28 ft.)
3. where a fire resistant wall is provided, no side yard is required.
g. Habitable Floor Area - Residential:
84 m2 (904.16 ft.2)
13) Maximum Limits
a. Height of Buildings:
i. Commercial
8.5m (27.88 ft.)
ii. Residential:
1. Principal Buildings:
9 m (29.52 ft.)
2. Accessory Buildings:
4.5 m (14.76 ft.
b. Coverage of Site: Commercial and Mixed Use
i. All buildings inc. Accessory Buildings:
80% of the site
ii. All Accessory Buildings:
10% of the site
c. Coverage of Site: Residential
i. All buildings inc. Accessory Buildings:
40% of the site
ii. All Accessory Buildings:
10% of the site
14) Special Requirements: Commercial and Mixed Use Development
a. Screening:
i. All sites abutting a residential district or abutting those lots specified within the
purpose and intent of this district shall be screened from the view of the residential
district or lot to the satisfaction of the Development Officer.
ii. All apparatus on the roof shall be screened to the satisfaction of the Development
Officer.
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CB
DISTRICTS
b. The exterior finishing materials of the proposed development must be those as shown on
the approved plans.
c. Landscaping:
i. A minimum of 5% of the site area must be landscaped in accordance with the plan
approved by the Development Officer.
ii. The boulevard and the front yard setback area (when one is provided) shall be
landscaped and maintained in accordance with the plan approved by the
Development Officer.
iii. Any trees or shrubs which die must be replaced during the next planting season
on a continuing basis.
15) Mixed Use Residential / Commercial
Bylaw 416-18
a. Residential development shall not to be located below the second storey.
b. Residential development shall have direct access to the outside street level.
c. A residential use shall not be located on the same floor as a commercial use.
d. A retail cannabis store shall not be located in a mixed use residential / commercial
development
16) Special Requirements: Residential
a. Residential Buildings on Same Site: No person may erect a residential building on a site on
which another residential building is already located.
17) Other Requirements
a. The Development Officer may specify such other requirements as they deems necessary
or desirable having regard to the nature of a proposed development and the purpose of
the district.
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CBR
PART 13
CENTRAL BUSINESS RESTRICTED (CBR) land use DISTRICT
1) Purpose and Intent
a. The purpose and intent of this district is to provide for a variety of commercial
developments that produce a minimum of wastewater.
2) Permitted Uses
a. Art, Craft and Photography Studios
b. Community Buildings and Facilities
c. Clinics
d. Financial Institutions
e. Office Uses
f.
Parks
g. Personal Services Shops (excluding Laundromats)
h. Retail Stores
3) Discretionary Uses
a. Accessory Uses
b. Amusement Establishments, Indoor
c. Building Supply Centres
d. Child Care Facilities
e. Commercial Communications (CC) Facility
f.
Communications Tower, Small Radio
g. Funeral Homes
h. Parking Lots
i.
Public and Quasi -Public Buildings, Installations and Facilities
j.
Repair and Service Shops
k. Signs
4) General Requirements
a. In addition to the general and special land use provisions contained in Parts 11 & 12, the
following provisions as contained within this section shall apply to every development in
this District.
5) Minimum Requirements
a. Area of Site:
464 m2 (4994.45 ft.2)
b. Width of Site:
15m (49.21 ft.)
c. Front Yard:
None required
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CBR
DISTRICTS
d. Rear Yard:
None required
e. Side Yards:
i. Commercial Development
1. Side adjacent to a residential district or abutting those lots specified within
the purpose and intent of this district: 3 m (9.84 ft.)
2. All other locations and existing buildings: None required, but if a yard is
provided, it shall be a minimum of 1 m (3.28 ft.)
6) Maximum Limits
a. Height of Buildings:
8.5 m (27.88 ft.)
b. Coverage of Site:
i. All buildings inc. Accessory Buildings:
80% of the site
Providing adequate parking space is provided as per Development Officer.
7) Special Requirements
a. Screening:
i. All sites abutting a residential district or abutting those lots specified within the
purpose and Intent of this district shall be screened from the view of the residential
district or lot to the satisfaction of the Development Officer.
ii. All apparatus on the roof shall be screened to the satisfaction of the Development
Officer.
b. The exterior finishing materials of the proposed development must be to those as shown
on the approved plans.
c. The Development Officer may specify such other requirements as they deems necessary
or desirable having regard to the nature of a proposed development and the purpose of
the district.
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C-HWY
PART 13
HIGHWAY-COMMERCIAL DISTRICT (C-HWY) LAND USE District
1) Purpose and Intent
a. The purpose and intent of this district is to provide for a limited range of commercial uses
providing services to the traveling public.
2) Permitted Uses
a. Automotive and Recreational Vehicles Sales/Rental Establishment, Light
b. Automotive and Equipment Repair Shop, Light
c. Car and Truck Washing Establishment
d. Drive-in Restaurants
e. Eating and Drinking Establishments
f.
Garages, Public
g. Garden Centre
Bylaw 416-18
h. Gas Bars
i.
Hotels and Motels
j.
Office Uses
k. Parks
l.
Retail Cannabis Store
Bylaw 416-18
m. Service Stations
3) Discretionary Uses
a. Automotive and Recreational Vehicles sales/Rental Establishment, Heavy
b. Automotive and Equipment Repair Shop, Heavy
c. Commercial Communications (CC) Facility
d. Communications Tower, Small Radio
e. Drinking Establishment
f.
Greenhouse, Commercial
g. Industrial Vehicle and Equipment Sales/Rental Establishment
h. Industrial Service Shops
i.
Parking Lots
j.
Public and Quasi-Public Buildings, Installation and Facilities
k. Repair and Service Shops
l.
Retail Stores
m. Signs
n. Veterinarian Clinic
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C-HWY
DISTRICTS
4) General Requirements
a. In addition to the general and special land use provisions contained in Parts 11 & 12, the
following provisions as contained within this section shall apply to every development in
this district.
5) Minimum Requirements
a. Area of Site:
i. Service Stations:
1858 m2 (19,999.35 ft.2)
ii. Gas Bars:
929 m1 (9,999.67 ft.2)
iii. All other Sites:
464 m2 (4,994.45 ft.2)
b. Front Yard:
6 m (19.68 ft.)
c. Side Yard:
i. When it abuts a Residential District:
6 m (19.68 ft.)
ii. All other Sites:
none required.
d. Rear Yard:
6 m (19.68 ft.)
e. Width of Site:
i. Service Stations and Motels:
30 m (98.42 ft.)
ii. Gas Bars:
30 m (98.42 ft.)
iii. All other Sites:
15 m (49.21 ft.)
6) Maximum Limits
a. Height of Buildings:
10 m (32.80 ft.)
7) Special Requirements
a. Landscaping:
i. A minimum of 5% of the site area must be landscaped in accordance with the plan
approved by the Development Officer.
ii. Any trees or shrubs which die must be replaced during the next planting season
on a continuing basis.
b. Screening:
i. All sites abutting a residential district shall be screened from the view of the
residential district to the satisfaction of the Development Officer;
ii. No Drive-In Restaurant adjacent to or abutting a residential district.
iii. All apparatus on the roof shall be screened to the satisfaction of the Development
Officer
8) Other Requirements
a. The exterior finishing materials of the proposed development must be those shown on the
approved plan.
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C-HWY
PART 13
b. The property line abutting Highway 22 or Secondary Highway 541 is deemed to be the
front property line of that lot, and the side and rear property lines shall be deemed to be
oriented accordingly.
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G-1
DISTRICTS
GENERAL INDUSTRIAL DISTRICT (G-1) LAND USE District
1) Purpose and Intent
a. The purpose and intent of this district is to provide for a wide range of Industrial uses which
have high standards for appearance, facilities and performance.
2) Permitted Uses
a. Bulk Fuel Storage and Distribution Facilities
b. Garden Centre
Bylaw 416-18
c. Industrial Vehicle and Equipment Sales/Rental Establishment
d. Industrial Service Shops
e. Natural Resource Extraction Industries
f.
Warehouse sales Establishment
g. Warehouse
Bylaw 416-18
3) Discretionary Uses
a. Automotive and Recreational Vehicles Sales/Rental Establishment, Light and Heavy
b. Automotive and Equipment Repair Shop, Light and Heavy
c. Cannabis Production and Distribution Centre
Bylaw 416-18
d. Car and Truck Washing Establishment
e. Greenhouse, Commercial
f.
Industrial Uses
g. Lumber Yard
h. Office Uses
i.
Parks
j.
Parking Lots
k. Public and Quasi-Public Buildings, Installations and Facilities
l.
Recycling Depots
m. Retail Cannabis Store
Bylaw 416-18
n. Retail Stores
o. Signs
p. Storage Yards (with Screening)
q. Trucking and Cartage Establishment
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G-1
PART 13
General Requirements
r. In addition to the general and special land use provisions contained in Parts 11 & 12, the
following provisions as contained within this section shall apply to every development in
this district.
4) Minimum Requirements
a. Area of Site:
929 m2 (9,999.67 ft.2)
b. Width of Site:
30 m (98.32 ft.)
c. Front Yard:
6 m (19.68 ft.)
d. Side Yards:
i. Except as hereinafter provided a minimum of 1.2 m (3.93 ft.);
ii. Where a fire resistant wall is provided no side yard is required.
e. Rear Yard:
6 m (19.68 ft.)
5) Maximum Limits
a. Height of Buildings:
8.5 m (27.88 ft.)
6) Special Requirements
a. Landscaping:
i. A minimum of 5% of the site area must be landscaped in accordance with the plan
approved by the Development Officer.
ii. Any trees or shrubs which die must be replaced during the next planting season
on a continuing basis.
b. Screening:
i. All sites abutting a residential district shall be screened from the view of the
residential district to the satisfaction of the Development Officer.
7) Other Requirements
a. The exterior finishing materials of the proposed development must be those as shown on
the approved plan.
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G-1
DISTRICTS
PUBLIC-QUASI PUBLIC DISTRICT (P) LAND USE District
1) Purpose and Intent
a. The purpose and intent of this district is to preserve appropriate land under public
ownership or control for recreation, education and conservation.
2) Permitted Uses
a. Parks
3) Discretionary Uses
a. Cemeteries
b. Community Buildings and Facilities
c. Outdoor Athletic/Recreational Facility
d. Parks
e. Public Recreational Facilities
f.
Public and Quasi-Public Buildings, Installations and Facilities
g. Schools
h. Signs
4) General Requirements
a. In addition to the general and special land use provisions contained in Parts 11 & 12, the
following provisions as contained within this section shall apply to every development in
this district.
5) Minimum Requirements
a. All yards:
6 m. (19.68 ft.)
6) Special Requirements
7) The design, setting, external finish, and architectural appearance of all buildings including
accessory buildings and structures and landscaping shall be to the satisfaction of the Development
Officer to ensure that adequate protection be afforded to the amenities of the areas.
8) Dwelling Accommodation
a. Dwelling accommodation is allowed only if it is accessory to the principal use of the building
or site, and
b. It is to be occupied by a caretaker or watchman of the premises when on duty.
Page 145
UR
PART 13
URBAN RESERVE DISTRICT (UR) LAND USE DISTRICT
1) Purpose and Intent
a. The purpose and intent of this district is to provide for a limited range of rural pursuits
having regard to the essentially low density agricultural characteristics of the district as
well as to the proximity of the district to the developed urban areas and the probable
characteristics of future expansion of urban development into this district.
2) Permitted Uses
a. Agriculture, Extensive
b. Parks
3) Discretionary Uses
a. Community Buildings and Facilities
b. Campgrounds
c. Dwellings, Single Detached (accessory to agricultural use only)
d. Greenhouses, Commercial
e. Natural Resource Extraction Industries
f.
Parks
g. Private Clubs
h. Public and Quasi-Public Buildings, Installations and Facilities
i.
Signs
4) General Requirements
a. In addition to the general and special land use provisions contained in Parts 11 & 12, the
following provisions as contained within this section shall apply to every development in
this district.
5) Minimum Requirements
a. Area of Site:
i. Agricultural Parcels:
16.5 ha (40.78 acres)
ii. Public and Community Parcels:
0.4 ha (0.98 acre)
b. Front Yard:
7.6 m (24.93 ft.)
c. Side Yards:
4.5m (14.76 ft.)
d. Rear Yard:
7.6 m (24.93 ft.)
e. Habitable Floor Area:
i. Principal Dwelling:
93 m2 (1,001.04 ft.2)
6) Maximum Limits
a. Residential Buildings on Same Site:
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UR
DISTRICTS
i. One residential building per site except where the site is used exclusively for
agriculture and is at least 32.3 ha (79.83 acres) in which the use requires an
additional dwelling or dwellings for full time farm help.
Page 147
Part14
PART 14 - Existing Controls
1 | Repeal
1) Bylaw No. 184 and all amendments thereto is hereby repealed.
2 | Date of Commencement
1) This Bylaw comes into effect upon the date of its third reading.
READ A FIRST TIME THIS, ______ DAY OF ______, 20______
______________________________________________________________________________
Mayor
______________________________________________________________________________
Chief Administrative Officer
READ A SECOND TIME THIS, ______ DAY OF ______, 20______
______________________________________________________________________________
Mayor
______________________________________________________________________________
Chief Administrative Officer
READ A THIRD TIME THIS, ______ DAY OF ______, 20______
______________________________________________________________________________
Mayor
______________________________________________________________________________
Chief Administrative Officer
Page 148
Appendix
PART 15 - Land Use District Map
Page 149
Appendix
PART 16 - CANNABIS MAP
Page 150
Appendix
Appendix - A
DEVELOPMENT PERMIT APPLICATION
SUBDIVISION APPLICATION
STOP WORK ORDER
NOTICE OF APPEAL TO THE VILLAGE OF STANDARD SUBDIVISION AND DEVELOPMENT APPEAL BOARD
NOTICE OF APPEAL TO THE LAND & PROPERTY RIGHTS TRIBUNAL
CIRCULATION TRANSMITTAL
Amendments
Bylaw 416-18 LUB (Cannabis)
Update multiple Definitions - added June 1, 2022