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LAND USE BYLAW NO. 1284
SEPTEMBER 2021
(Consolidated to Bylaw No. 1321, September 2025)
Prepared for the Town of Magrath by the Oldman River Regional Services Commission
This document is protected by Copyright and Trademark and may not be reproduced or modified in any
manner, or for any purpose, except by written permission of the Oldman River Regional Services
Commission. This document has been prepared for the sole use of the Town of Magrath and the Oldman
River Regional Services Commission. This disclaimer is attached to and forms part of the document.
Town of Magrath Land Use Bylaw No. 1284 Amendments - Page 1
Town of Magrath Land Use Bylaw No. 1284 - Amendments
Bylaw No.
Amendment Description
Legal Description
Passed
1294
Redesignate from "Residential - R1" to "Large Lot
Residential - R3"
Plan 3985J
The south 220 feet of the westerly 313.5 feet
of Block 29; Excepting thereout: the east 35
feet of the westerly 313.5 feet of the
southerly 150 feet of said Block 29.
13-Dec-2022
1298
Redesignate from "Residential - R1" to "Medium
Density Residential - R4"
Lot 9, Block 31, Plan 161 2934
9-May-2023
1300
No Zoning to "Large Lot Residential - R3"
FIRST ALL THAT PART OF PLAN 3046H
ROAD THAT LIES NORTH OF BLOCK Y, PLAN
6318EK AND SOUTH OF 4 AVENUE SOUTH
CONTAINING 0.168 HECTARES (0.42 ACRES)
MORE OR LESS EXCEPTING THEREOUT ALL
MINES AND MINERALS
SECOND ALL THAT PART OF PLAN 3985J
LANE THAT LIES ADJACENT TO THE SOUTH
BOUNDARY OF BLOCK 65 AND BLOCK 80
CONTAINING 0.396 HECTARES (0.98 ACRES)
MORE OR LESS EXCEPTING THEREOUT ALL
MINES AND MINERALS
11-Jun-2024
Order in Council No. 359/2024
Dated December 4, 2024
Portion of the Northwest Quarter of Section
25, Township 5, Range 22, West of the 4th
Merdian which lies between the south 11
rods and the north 60 rods thereof.
1-Jan-2025
1321
Amending and clarifying the extent of notification for
development permits, penalty fees for developments
commenced without a development permit, and
subdivision criteria.
Addition and amending the Administrative and Use
Definitions .
Amending development criteria for detached backyard
suites.
Amending the permitted projections into setbacks.
Amending and clarifying classifications for shipping
container allowances.
Addition of Home Occupation, Class 3 as a
Discretionary Use in R1 and R3 land use districts.
Addition of Health Services, Medical Clinic as Permitted
Use in C1 and C2 land use districts.
Amending use allocation in C2 land use district.
Addition of Moved-In Dwelling (2-unit) as Discretionary
Use in R4 land use district.
Amend parcel size requirements for buildings in
residential districts.
Addition of separation distance requirements between
accessory buildings and principal buildings in residential
districts.
Addition of separation distance requirements for
manufactured dwellings in non-subdivided
neighborhoods.
9-Sept-2025
Town of Magrath Land Use Bylaw No. 1284 Amendments - Page 2
Bylaw No.
Amendment Description
Legal Description
Passed
1321
(cont'd)
Addition of drainage plan requirement for all
residential developments.
Addition of dimensional requirements for prefabricated
buildings in certain districts.
Addition of development criteria for solar collectors.
Amending an clarifying landscaping requirements for
residential developments.
Amend stacking space requirements for drive-thru
uses.
9-Sept-2025
Land Use Bylaw No. 1284
TABLE OF CONTENTS
i
TABLE OF CONTENTS
page
ADMINISTRATIVE PROVISIONS .................................................................................................. ADM | 1
PURPOSE AND APPLICATION
1.
Title ............................................................................................................................................. ADM | 1
2.
Purpose ...................................................................................................................................... ADM | 1
3.
Coming into force ..................................................................................................................... ADM | 1
4.
Repeal of former land use bylaw ............................................................................................ ADM | 1
INTERPRETATION
5.
Language .................................................................................................................................... ADM | 1
6.
Paramountcy of written content and maps ............................................................................ ADM | 2
7.
Metric system prevails ............................................................................................................... ADM | 2
8.
Appendices ................................................................................................................................ ADM | 2
9.
Severability ................................................................................................................................. ADM | 2
10. Amendment of this Bylaw ........................................................................................................ ADM | 2
11. Forms, notices and fees ............................................................................................................ ADM | 2
COMPLIANCE
12. Compliance with this Bylaw ..................................................................................................... ADM | 2
13. Compliance with enactments and municipal requirements ................................................ ADM | 2
PLANNING AUTHORITIES
14. Terminology ................................................................................................................................ ADM | 3
15. Subdivision Authority ............................................................................................................... ADM | 3
16. Development Authority ............................................................................................................ ADM | 3
17. Development Officer - powers and duties ............................................................................ ADM | 3
18. Municipal Planning Commission - powers and duties ......................................................... ADM | 4
19. Council - Direct Control districts ............................................................................................ ADM | 5
20. Subdivision and Development Appeal Board ....................................................................... ADM | 5
GENERAL PROVISIONS
21. Development permit required ................................................................................................. ADM | 5
22. Development in the Town generally ....................................................................................... ADM | 5
23. Number of dwellings per parcel .............................................................................................. ADM | 5
24. Site suitability ............................................................................................................................. ADM | 5
25. Maximum lot sizes ..................................................................................................................... ADM | 6
26. Development on non-conforming lots .................................................................................... ADM | 6
27. Non-conforming uses of land, buildings and structures ....................................................... ADM | 6
28. Minor variance power for uses of non-conforming buildings and structures ................... ADM | 6
29. Application fees ......................................................................................................................... ADM | 7
ii
TABLE OF CONTENTS
DEVELOPMENT APPLICATION REQUIREMENTS
30. General requirements for development applications ............................................................ ADM | 7
31. Additional documentation in support of development applications ................................... ADM | 8
EVALUATING DEVELOPMENT APPLICATIONS
32. Determining completeness of development applications ................................................... ADM | 8
33. Evaluating applications requesting no variances or a minor variance ............................... ADM | 8
34. Evaluating applications requesting a major variance ............................................................ ADM | 9
35. Evaluating applications for uses not appearing in this Bylaw .............................................. ADM | 9
NOTIFICATION AND NOTICE OF DECISION
36. Situations where notification is required ............................................................................... ADM | 10
37. Form, manner, extent and consideration of notification ................................................... ADM | 10
38. Notice of decision .................................................................................................................... ADM | 11
39. Date on which a decision is given........................................................................................... ADM | 11
40. Deemed refusals ..................................................................................................................... ADM | 11
DEVELOPMENT PERMIT CONDITIONS
41. Conditions for permitted uses ............................................................................................... ADM | 11
42. Conditions for discretionary uses .......................................................................................... ADM | 12
43. Condition to enter into a development agreement ............................................................. ADM | 12
44. Condition to provide security ................................................................................................. ADM | 13
45. Condition to pay a development fee or off-site levy ........................................................... ADM | 13
DEVELOPMENT PERMIT VALIDITY
46. Development appeals ............................................................................................................. ADM | 14
47. Reapplication and minor changes to an approved development permit ........................ ADM | 14
48. Commencement of development ......................................................................................... ADM | 14
49. Completion of development .................................................................................................. ADM | 14
50. Longevity of development permit ........................................................................................... ADM | 15
51. Transfer of development permit ........................................................................................... ADM | 15
ENFORCEMENT
52. Notice of violation ................................................................................................................... ADM | 15
53. Revocation of a development permit ................................................................................... ADM | 15
54. Penalties and right of entry .................................................................................................... ADM | 16
SUBDIVISION
55. Subdivision authority - powers and duties .......................................................................... ADM | 16
56. Subdivision applications ........................................................................................................ ADM | 16
57. Determination of completeness for subdivision applications ............................................ ADM | 17
58. Evaluating subdivision applications ....................................................................................... ADM | 18
59. Development agreements for subdivision ............................................................................ ADM | 18
60. Condition to provide security ................................................................................................ ADM | 18
61. Development fees and off-site levies for subdivision .......................................................... ADM | 18
62. Architectural controls ............................................................................................................. ADM | 18
63. Subdivision appeals ................................................................................................................ ADM | 19
LAND USE DISTRICTS
64. Land use districts .................................................................................................................... ADM | 19
Land Use Bylaw No. 1284
TABLE OF CONTENTS iii
AMENDING THIS BYLAW
65. Land use bylaw amendment procedure .............................................................................. ADM | 19
66. Land use redesignation application requirements ............................................................. ADM | 20
SCHEDULE 1: GENERAL DEFINITIONS ..................................................................................... SCH 1 | 1
SCHEDULE 2: USE DEFINITIONS ............................................................................................... SCH 2 | 1
SCHEDULE 3: DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ........................ SCH 3 | 1
SCHEDULE 4: LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS .............................. SCH 4 | 1
Use table ............................................................................................................................................ SCH 4 | 3
Residential - R1 ................................................................................................................................ SCH 4 | 9
Small Lot Residential - SR ............................................................................................................SCH 4 | 13
Manufactured Residential - R2 .................................................................................................... SCH 4 | 17
Large Lot Residential - R3 .......................................................................................................... SCH 4 | 21
Medium Density Residential - R4 ............................................................................................... SCH 4 | 25
Central Commercial - C1 ............................................................................................................ SCH 4 | 29
Highway Commercial - C2 .......................................................................................................... SCH 4 | 31
Light Industrial - LI ....................................................................................................................... SCH 4 | 33
Institutional / Recreational - I/R ................................................................................................... SCH 4 | 35
Urban Transitional - UT ............................................................................................................... SCH 4 | 37
Flood Hazard Area Overlay .......................................................................................................... SCH 4 | 39
Direct Control - DC ....................................................................................................................... SCH 4 | 43
SCHEDULE 5: DEVELOPMENT STANDARDS .......................................................................... SCH 5 | 1
1.
Access and servicing requirements ...................................................................................... SCH 5 | 1
2.
Air conditioners (freestanding) .............................................................................................. SCH 5 | 1
3.
Balconies, porches and verandas .......................................................................................... SCH 5 | 1
4.
Bed and breakfasts ................................................................................................................. SCH 5 | 2
5.
Cannabis production facility ................................................................................................... SCH 5 | 3
6.
Cannabis retail sales ............................................................................................................... SCH 5 | 3
7.
Child care facilities .................................................................................................................. SCH 5 | 5
8.
Clear vision triangle for corner lots ...................................................................................... SCH 5 | 5
9.
Corner lot cut-off yard dimensions ....................................................................................... SCH 5 | 6
10. Decks and patios ..................................................................................................................... SCH 5 | 6
11. Development quality ................................................................................................................ SCH 5 | 6
12. Drainage, grading and retaining walls ................................................................................... SCH 5 | 7
13. Driveways ................................................................................................................................. SCH 5 | 7
14. Drive-thru restaurants ............................................................................................................ SCH 5 | 7
15. Dwelling unit, Accessory ........................................................................................................ SCH 5 | 8
16. Dwelling units, Principal .......................................................................................................... SCH 5 | 9
17. Fences ................................................................................................................................... SCH 5 | 10
18. Home occupations ............................................................................................................... SCH 5 | 10
19. Hot tubs and swimming pools ............................................................................................ SCH 5 | 12
20. Infill development ................................................................................................................. SCH 5 | 12
21. Kennels .................................................................................................................................. SCH 5 | 12
iv
TABLE OF CONTENTS
22. Lighting .................................................................................................................................. SCH 5 | 13
23. Moved-in buildings ............................................................................................................... SCH 5 | 13
24. Multi-unit dwelling location and design ............................................................................. SCH 5 | 14
25. Outdoor storage ................................................................................................................... SCH 5 | 14
26. Permitted projections into setbacks .................................................................................. SCH 5 | 14
27. Prefabricated buildings, modules and panels .................................................................. SCH 5 | 15
28. Principal building setbacks in residential areas ............................................................... SCH 5 | 16
29. Renewable energy, individual accessory sources ........................................................... SCH 5 | 16
30. Residential accommodation in conjunction with a commercial or industrial use ......... SCH 5 | 16
31. Satellite dishes and telecommunication antennas .......................................................... SCH 5 | 16
32. Service stations ..................................................................................................................... SCH 5 | 17
33. Shipping containers ............................................................................................................. SCH 5 | 18
34. Small wind energy systems ................................................................................................ SCH 5 | 18
35. Solar collectors .................................................................................................................... SCH 5 | 19
36. Telecommunication antenna siting protocols .................................................................. SCH 5 | 21
37. Uses involving liquor service ............................................................................................... SCH 5 | 22
38. Water bodies and riparian areas ........................................................................................ SCH 5 | 23
SCHEDULE 6: LANDSCAPING & SCREENING REGULATIONS .............................................. SCH 6 | 1
1.
Purpose and intent .................................................................................................................. SCH 6 | 1
2.
Applicability .............................................................................................................................. SCH 6 | 1
3.
Minimum requirements for all districts ................................................................................. SCH 6 | 1
4.
Minimum requirements for commercial / industrial ............................................................ SCH 6 | 2
5.
Minimum requirements for residential ................................................................................. SCH 6 | 3
6.
Landscaping security and implementation .......................................................................... SCH 6 | 3
SCHEDULE 7: OFF-STREET PARKING & LOADING REGULATIONS ...................................... SCH 7 | 1
1.
Applicability .............................................................................................................................. SCH 7 | 1
2.
Minimum required off-street parking .................................................................................... SCH 7 | 1
3.
Off-street parking design standards ..................................................................................... SCH 7 | 3
4.
Barrier-free parking ................................................................................................................ SCH 7 | 4
5.
Bicycle parking ........................................................................................................................ SCH 7 | 4
6.
Loading space requirements ................................................................................................. SCH 7 | 5
7.
Stacking spaces for drive-thru uses ..................................................................................... SCH 7 | 5
SCHEDULE 8: COMMERCIAL / INDUSTRIAL RENEWABLE ENERGY REGULATIONS ........... SCH 8 | 1
1.
Definitions ................................................................................................................................. SCH 8 | 1
2.
Commercial / industrial renewable energy projects............................................................ SCH 8 | 2
SCHEDULE 9: SIGN REGULATIONS ......................................................................................... SCH 9 | 1
1.
General sign definitions ........................................................................................................... SCH 9 | 1
2.
Sign application requirements ............................................................................................... SCH 9 | 2
3.
Signs not requiring a development permit ........................................................................... SCH 9 | 2
4.
General sign standards ........................................................................................................... SCH 9 | 3
5.
Sign types ................................................................................................................................. SCH 9 | 4
6.
Type-specific sign standards .................................................................................................. SCH 9 | 5
Land Use Bylaw No. 1284
TABLE OF CONTENTS
v
APPENDIX A: TELECOMMUNICATION ANTENNA SITING PROTOCOL EXCLUSION LIST
APPENDIX B: FORMS
FORM A
APPLICATION FOR A DEVELOPMENT PERMIT
FORM B
APPLICATION FOR A HOME OCCUPATION
FORM C
APPLICATION FOR A TEMPORARY DEVELOPMENT PERMIT
FORM D
AGREEMENT FOR TIME EXTENSION
FORM E
NOTICE OF DECISION
FORM F
DEVELOPMENT PERMIT
FORM G
NOTICE OF SUBDIVISION AND DEVELOPMENT APPEAL BOARD HEARING
FORM H
NOTICE OF DECISION OF THE SUBDIVISION AND DEVELOPMENT APPEAL BOARD
FORM I
APPLICATION TO AMEND THE LAND USE BYLAW
FORM J
NOTICE OF SPECIAL MUNICIPAL PLANNING COMMISSION MEETING
FORM K
VOLUNTARY WAIVER OF CLAIMS
FORM L
STOP ORDER
APPENDIX C: FEES AND RATES BYLAW
APPENDIX D: SUBDIVISION AND DEVELOPMENT AUTHORITY BYLAW
APPENDIX E: SUBDIVISION AND DEVELOPMENT APPEAL BOARD BYLAW
Land Use Bylaw No. 1284
ADMINISTRATIVE PROVISIONS
1
ADMINISTRATIVE PROVISIONS
A PURPOSE AND APPLICATION
1.
TITLE
Land Use Bylaw No. 1284 is the municipal land use bylaw for the Town of Magrath. It may be cited as
the "Town of Magrath Land Use Bylaw" and is referred to herein as "this Bylaw."
2.
PURPOSE
This Bylaw is a regulatory instrument governing the use and development of land, buildings and
structures within the Town of Magrath. It endeavors to provide a flexible and democratic mechanism
to permit new development in a manner that reasonably reflects the Town's long-term goals as
articulated in the Town of Magrath Municipal Development Plan.
3.
COMING INTO FORCE
This Bylaw is adopted in accordance with the power delegated to Council under s. 640 of the Municipal
Government Act (MGA), the provincial statute that empowers local governments to shape their
communities. It comes into force upon third and final reading thereof.
4.
REPEAL OF FORMER LAND USE BYLAW
Land Use Bylaw No. 1092, as amended, being the Town's prior land use bylaw, is repealed upon the
coming into force of this Bylaw.
INTERPRETATION
5.
LANGUAGE
(1) The Interpretation Act, Chapter I-8, RSA 2000 as amended, shall apply in respect of interpreting
the language contained within this Bylaw.
(2) "Town" implies the Town of Magrath and "Council" indicates the Council for the Town of Magrath.
(3) "Section" shall be construed as a reference to a section of this Bylaw and a reference to a section
of the MGA shall be abbreviated as "s."
(4) "Shall" indicates a mandatory action and "should" implies a recommended action.
(5) "Person" includes a body corporate as defined by the provincial statutes.
(6) Unless otherwise implied by context, words used in the present tense include the future tense,
and words used in the singular include the plural.
(7) Words in this Bylaw have the same meaning whether or not they are capitalized.
Land Use Bylaw No. 1284
2
ADMINISTRATIVE PROVISIONS
6.
PARAMOUNTCY OF WRITTEN CONTENT AND MAPS
(1) In the event of a perceived inconsistency between textual and graphics elements within this Bylaw,
the textual element shall prevail.
(2) In the event of a perceived inconsistency between the land use district map included
in Schedule 4 and another graphic element, the land use district map shall prevail.
7.
METRIC SYSTEM PREVAILS
The metric measurements in this Bylaw apply. Imperial measurements are included for convenience.
8.
APPENDICES
The attached appendices are provided for informational purposes and do not form part of this Bylaw.
A change to an appendix does not require an amendment to this Bylaw.
9.
SEVERABILITY
If any provision of this Bylaw is held to be invalid by a decision of an Alberta court of competent
jurisdiction, that decision will not affect the validity of the remaining portions.
10. AMENDMENT OF THIS BYLAW
(1) Council may amend this Bylaw at any time in accordance with the procedures detailed in s. 692
of the MGA.
(2) A notation of all amending bylaws shall be provided at the front of this Bylaw.
11. FORMS, NOTICES AND FEES
(1) For the purpose of administering this Bylaw, Council may authorize, by separate bylaw or by
resolution, the preparation and use of such fee schedules, forms and notices it deems necessary.
Any such fee schedules, forms or notices shall have the full force and effect of this Bylaw in
execution of the purpose for which they are designed, authorized and issued.
(2) Application forms and notices are included in Appendix B.
(3) Development fees and related fees are listed in Appendix C.
COMPLIANCE
12. COMPLIANCE WITH THIS BYLAW
All development undertaken within the Town, including development that is not required to obtain a
development permit pursuant to Schedule 3, shall comply with all applicable development standards,
procedures, and other regulations prescribed in this Bylaw.
13. COMPLIANCE WITH ENACTMENTS AND MUNICIPAL REQUIREMENTS
(1) References in this Bylaw to enactments should be interpreted as references to those versions
currently in force, including any amendments that have occurred since the adoption of this Bylaw.
(2) Subdivision and development applications may be subject to conditions to ensure compliance
with enactments, including but not limited to the MGA and the Matters Related to Subdivision and
Development Regulation.
Land Use Bylaw No. 1284
ADMINISTRATIVE PROVISIONS
3
(3) Compliance with provincial and federal enactments may be further achieved by subjecting
applications to conditions that integrate recommendations provided by government ministries
responsible for administering those enactments.
(4) A development permit exemption authorized under Schedule 3 does not negate the requirement
for any licenses, permits, approvals or other authorizations that need to be obtained under a
provincial or federal statute, including the provincial Safety Codes Act.
(5) Compliance with this Bylaw does not exempt any person undertaking development from
complying with the Town of Magrath Municipal Development Plan, nor with any other statutory
plan(s) adopted by the Town after the coming into force of this Bylaw.
(6) A development permit exemption authorized under Schedule 3 does not negate the need to
obtain a business license from the Town for a use involving commercial activity.
PLANNING AUTHORITIES
14. TERMINOLOGY
(1) Pursuant to Part 17, Division 3 the MGA, the Planning Authorities for the Town are the Subdivision
Authority, the Development Authority, and the Subdivision and Development Appeal Board.
(2) A reference to "Planning Authority" in this Bylaw indicates that the underlying provision applies
to both the Subdivision Authority as well as the Development Authority.
15. SUBDIVISION AUTHORITY
The Municipal Planning Commission (MPC) is established by separate bylaw as the Subdivision
Authority for the Town of Magrath. See Sections 55-62 for its powers and duties.
16. DEVELOPMENT AUTHORITY
(1) The Development Officer and the Municipal Planning Commission have, pursuant to a separate
bylaw in accordance with the MGA, each been established as the Development Authority for the
Town.
(2) Council shall act as the Development Authority within any Direct Control District, except where
this authority is specifically delegated to another person pursuant to a bylaw of the Town.
(3) In the event the Development Officer is absent, the Municipal Planning Commission, Chief
Administrative Officer, or any other designate in accordance with the MGA are authorized to act
in the capacity of Development Officer.
(4) The Development Authority shall perform such powers and duties as are specified in this Bylaw,
the Town's Subdivision and Development Authority Bylaw, the MGA and, where applicable, by
resolution of Council.
17. DEVELOPMENT OFFICER - POWERS AND DUTIES
(1) The Development Officer shall:
(a) receive and refer any applications to amend this Bylaw to Council;
(b) receive and process all applications for development permits;
(c) consider and decide on development applications for:
(i)
permitted uses requesting a minor variance of this Bylaw;
Land Use Bylaw No. 1284
4
ADMINISTRATIVE PROVISIONS
(ii) discretionary uses identified under "Discretionary Uses (Development Officer)"
requesting a minor variance; and
(iii) permitted uses on existing registered lots where the Municipal Planning Commission
granted a variance(s) to the minimum lot width, length and/or area requirements as part
of a subdivision approval;
(d) refer to the Municipal Planning Commission, along with an accompanying background
report, all development applications for which decision-making authority has not been
assigned to the Development Officer, excluding applications within a Direct Control district;
(e) refer all development applications in a Direct Control District to Council for a decision, unless
Council has specifically delegated this decision-making authority to the Development Officer
or the Municipal Planning Commission;
(f)
notify adjacent landowners and other persons likely to be affected in accordance with
Section 37;
(g) issue written notice of the decision and/or development permit on all development
applications and any other notices, decisions or orders in accordance with this Bylaw;
(h) provide a regular report to the Municipal Planning Commission summarizing the
development applications submitted and the decisions made on those applications, and any
other information as the Municipal Planning Commission considers necessary;
(i)
establish and maintain a register in which shall be recorded all development applications
submitted and the decisions made on those applications, and contain any such other
information as the Municipal Planning Commission considers necessary; and
(j)
maintain for the inspection of the public during office hours, a copy of this Bylaw and all
amendments thereto and ensure that copies of the same are available for public purchase.
(2) The Development Officer may:
(a) refer any development application to the Municipal Planning Commission for a decision and
may refer any other planning or development matter to the Municipal Planning Commission
for its review, comment or advice;
(b) receive, consider and decide on requests for time extensions for development permits which
the Development Officer has approved, and shall refer to the Municipal Planning Commission
those requests which the Municipal Planning Commission has approved; and
(c) perform any other powers and duties specified in this Bylaw, the Town's Subdivision and
Development Authority Bylaw or by resolution of Council.
18. MUNICIPAL PLANNING COMMISSION - POWERS AND DUTIES
(1) The Municipal Planning Commission may exercise only such powers and duties as are specified
in the MGA, the Town's Subdivision and Development Authority Bylaw, this Bylaw, or by resolution
of Council.
(2) The Municipal Planning Commission shall be responsible for:
(a) deciding upon development applications referred to it by the Development Officer;
(b) providing recommendations on planning and development matters referred to it by the
Development Officer or Council;
(c) deciding upon requests for time extensions on development applications referred to it by the
Development Officer;
(d) deciding upon applications for subdivision approval; and
(e) any other powers and duties as are specified in this Bylaw, the Town's Subdivision and
Development Authority Bylaw, the MGA or by resolution of Council.
Land Use Bylaw No. 1284
ADMINISTRATIVE PROVISIONS
5
19. COUNCIL - DIRECT CONTROL DISTRICTS
(1) Council shall be responsible for considering development applications within any Direct Control
District, except where the decision-making authority has been delegated to the Municipal Planning
Commission or the Development Officer.
(2) Where Council chooses to redesignate a parcel to Direct Control, it shall establish, within the
particular Direct Control bylaw, site-specific information including development standards and
procedural direction.
20. SUBDIVISION AND DEVELOPMENT APPEAL BOARD
The Subdivision and Development Appeal Board is established by separate bylaw and may exercise
such powers and duties as are specified in that bylaw or in the MGA. Where a provincial interest exists
on land subject to a subdivision appeal or development appeal, the Land and Property Rights Tribunal
shall act as the appeal body in lieu of the Subdivision and Development Appeal Board.
GENERAL PROVISIONS
21. DEVELOPMENT PERMIT REQUIRED
Except in relation to those uses specified in Schedule 3, no person shall undertake a development
proposal unless a development permit has been issued in respect of that proposal.
22. DEVELOPMENT IN THE TOWN GENERALLY
(1) A person who develops land, buildings or structures within the corporate limits of the Town shall
comply with the allowable uses and standards prescribed in this Bylaw, and any conditions
attached to a development permit that has been issued in respect of that development.
(2) Excavation, lot grading, road construction and the installation of utilities shall be undertaken in
compliance with minimum design standards acceptable to the Town.
23. NUMBER OF DWELLINGS PER PARCEL
No person shall construct, locate, nor cause to be constructed or located more than one dwelling on
a parcel, except where the use is listed in the land use district and is authorized by the Development
Authority through the issuance of a development permit.
24. SITE SUITABILITY
(1) Notwithstanding that a use of land may be permitted or discretionary or deemed to be similar in
nature to a permitted or discretionary use in a district, the Planning Authority may refuse to
approve a subdivision or issue a development permit if it is of the opinion that the proposed site:
(a) does not have safe legal and physical access to a maintained road in accordance with this
Bylaw and other municipal standards, as well as the requirements of Alberta Transportation
if located within 300 m (984 ft) of the boundary of a provincial highway or 800 m (2,625 ft)
from the centre point of an intersection of a provincial highway and a public road;
(b) is poorly drained;
(c) is located within the Floodway;
(d) is located within the Flood Fringe and is not adequately flood-proofed;
(e) has a high water table or soil conditions which make the site unsuitable for a proper
foundation;
Land Use Bylaw No. 1284
6
ADMINISTRATIVE PROVISIONS
(f)
is situated on an unstable slope or consists of unconsolidated soils unsuitable for building;
(g) is situated on an active or abandoned coal mine or oil or gas well or pipeline, or is otherwise
unsafe as a result of contamination from previous land uses;
(h) does not meet the minimum setback requirements from a bulk ammonia storage facility, sour
gas well or abandoned well;
(i)
is within 300 m (984 ft) of the working area of an operating waste transfer station;
(j)
is within 300 m (984 ft) of the working area of an operating wastewater treatment plant;
(k) does not have an adequate water supply or means of sewage disposal;
(l)
otherwise does not comply with the requirements of this Bylaw, the Town of Magrath
Municipal Development Plan, the South Saskatchewan Regional Plan or the Matters Related
to Subdivision and Development Regulation; or
(m) is subject to an easement, caveat, restrictive covenant or other registered instrument which
makes it impossible to build on the site.
(2) Nothing in this section shall preclude the Planning Authority from approving a subdivision or
issuing a development permit if the Authority is satisfied that the risk to persons and property
have been mitigated by appropriate engineering or other mitigating measures.
25. MAXIMUM LOT SIZES
The maximum lot sizes prescribed for residential land use districts may be varied by the Planning
Authority, subject to Section 34(2) of this Bylaw in respect of development, and s. 654(2) of the MGA
in respect of subdivision, in the following instances:
(1) where the area of the lot that is suitable for development is less than the maximum lot size
established for the district;
(2) where the approval would not interfere with or impede upon future resubdivision; or
(3) where resubdivision would not be feasible.
26. DEVELOPMENT ON NON-CONFORMING LOTS
Development on an existing registered non-conforming lot that does not meet the minimum
requirements for lot length, width or area specified in the applicable land use district in Schedule 4
may be permitted at the discretion of the Development Authority.
27. NON-CONFORMING USES OF LAND, BUILDINGS AND STRUCTURES
(1) Non-conforming uses of land, buildings and structures may only be continued in accordance with
s. 643 of the MGA.
(2) If a non-conforming use of land, a building or a structure is discontinued for a period of
6 consecutive months or more, the use may not be recommenced until a new application has
been made and a new development permit has been issued under the authority of this Bylaw.
28. MINOR VARIANCE POWER FOR USES OF NON-CONFORMING BUILDINGS AND
STRUCTURES
In accordance with s. 643(5)(c) of the MGA, this Bylaw empowers the Development Authority to
exercise minor variance power respecting the enlargement, addition to, reconstruction, structural
alteration and general rehabilitation of non-conforming buildings and structures.
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29. APPLICATION FEES
(1) Application fees are prescribed by Council and included in Appendix C for reference purposes.
(2) A request by an applicant for a refund or adjustment of prescribed fees requires the approval of
Council, other than in circumstances where minor discretion is allowed to the Development
Officer in accordance with Section 29(3) below.
(3) The Development Officer is empowered to exercise minor discretion in refunding or adjusting
fees as it applies to the withdrawing of applications prior to processing or to the amending of
applications, where various fees would normally apply or returning deposits taken as security. In
the event that a dispute arises, or an applicant lodges a complaint over the amount of a refund or
adjustment requested, the issue may be referred to Council.
(4) Whenever an application is received for a use or development for which an accompanying fee is
not included in Appendix C, the amount of the fee shall be determined by the Development Officer
and shall be reasonable in relation to those fees listed.
DEVELOPMENT APPLICATION REQUIREMENTS
30. GENERAL REQUIREMENTS FOR DEVELOPMENT APPLICATIONS
An application for a development permit must be made to the Development Officer by submitting:
(1) a completed application form as per Appendix B;
(2) where the applicant is not the registered landowner, consent from the registered landowner;
(3) the fee prescribed in Appendix C;
(4) a site plan drawn to scale that indicates:
(a) the location of all existing and proposed buildings and structures including all cantilevers,
decks and projections, registered easements or rights-of-way, and dimensions to property
lines;
(b) existing and proposed parking and loading areas, driveways, abutting streets and lanes,
surface drainage patterns and including any other features necessary to interpret or
adjudicate the application; and
(c) the presence or absence of any and all abandoned wells; and, if abandoned wells are
present, a professionally prepared plot plan that shows the actual well location(s) in relation
to existing and/or proposed building sites in accordance with Directive 079 by the Alberta
Energy Regulator; and
(5) such other information as may be required by the Development Officer, which may include:
(a) a minimum of two sets of professionally prepared building plans;
(b) a copy of architectural controls approval if applicable to a lot;
(c) a copy of lot grade elevations;
(d) details respecting the proposed method of servicing;
(e) an analysis of land use impacts including traffic generation, noise, glare and odours;
(f)
an assessment of environmental conditions;
(g) a Real Property Report (RPR) or a sketch prepared by an Alberta Land Surveyor as
verification of the location of development on the subject lot; and
(h) any additional documents as required pursuant to Section 31 or another section of this
Bylaw.
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31. ADDITIONAL DOCUMENTATION IN SUPPORT OF DEVELOPMENT APPLICATIONS
The Development Authority may request technical documents to be provided in support of a
development application, including but not limited to: professionally prepared landscaping plans,
engineering studies, geotechnical reports, drainage plans, soils analyses, grading or lot elevation plans,
parking overlays, building plans, technical reports, population and demographic projections, traffic
impact analysis, conceptual schemes, and sun/shadow studies.
EVALUATING DEVELOPMENT APPLICATIONS
32. DETERMINING COMPLETENESS OF DEVELOPMENT APPLICATIONS
(1) Within 20 days after receiving an application for a development permit, the Development Officer
shall determine whether the application is complete. An application is complete if, in the opinion
of the Development Officer, it includes all information needed to conduct an adequate review.
(2) Where the Development Officer does not determine completeness within 20 days, and the
applicant does not agree in writing to a time extension, the application is deemed complete.
(3) If the Development Officer determines that the application is complete, the Development Officer
shall deliver by postal mail or by email, a written notice of completeness to the applicant
acknowledging such. The notice of completeness may be contained within notice of the decision
under Section 38.
(4) If the Development Officer determines that the application is incomplete, the Development Officer
shall issue to the applicant a written notice indicating such and specifying the outstanding
information to be provided. A submittal deadline for the outstanding information shall be set out
in the notice unless a later date is agreed to between the applicant and the Development Officer.
(5) Where an applicant submits the information required under Section 32(4) within the extended
time frame and the Development Officer determines the information is sufficient to deem the
application complete, the Development Officer shall issue, by postal mail or by email, a written
notice of completeness to the applicant acknowledging such. If the necessary information is not
submitted prior to the deadline, the Development Officer shall issue a notice of refusal to the
applicant stating that the application has been refused, along with the reasons.
(6) A determination of completeness in no way precludes the Development Officer from requesting
the applicant to submit relevant supplementary information during the application review process.
33. EVALUATING APPLICATIONS REQUESTING NO VARIANCES OR A MINOR VARIANCE
As per the definitions for "variance, major" and "variance, minor" provided in Schedule 1, a request
for more than one minor variance is deemed to be a request for a major variance.
(1) Upon receipt of a complete development application for a permitted use requesting no variances,
the Development Officer shall, if the application otherwise complies with this Bylaw, issue a
development permit with or without conditions.
(2) Upon receipt of a complete development application for a permitted use requesting a minor
variance, the Development Officer shall evaluate the application and either:
(a) grant the minor variance and issue the development permit with or without conditions if, in
the opinion of the Development Officer, the variance would not unduly interfere with the
amenities of the neighbourhood nor materially affect the use, enjoyment or value of
neighbouring parcels; or
(b) refer the development application to the Municipal Planning Commission for a decision.
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(3) Upon receipt of a complete development application for a use falling under "Discretionary Uses
(Development Officer)" requesting no variances or a minor variance, the Development Officer
shall evaluate the application, and either:
(a) grant the minor variance, if any, and issue the development permit with or without conditions
if, in the opinion of the Development Officer, the variance would not unduly interfere with the
amenities of the neighbourhood nor materially affect the use, enjoyment or value of
neighbouring parcels; or
(b) refer the development application to the Municipal Planning Commission for a decision.
(4) Upon receipt of a complete development application for a use falling under "Discretionary Uses
(Municipal Planning Commission)" requesting no variances or a minor variance, the Development
Officer shall refer the application to the Municipal Planning Commission for a decision.
34. EVALUATING APPLICATIONS REQUESTING A MAJOR VARIANCE
(1) Upon receipt of any complete development application requesting a major variance, the
Development Officer shall refer the application to the Municipal Planning Commission for a
decision regardless of whether the application is for a permitted or discretionary use.
(2) A major variance includes:
(a) more than one measurable standard by any amount;
(b) a single measurable standard by more than 10%;
(c) a maximum site coverage ratio specified in Schedule 4 by any amount; or
(d) a maximum fence height specified in Schedule 5: Section 16 by any amount.
(3) The Municipal Planning Commission is authorized to decide upon a development application
notwithstanding that the underlying development proposal does not comply with this Bylaw if, in
the opinion of the Municipal Planning Commission, the proposal:
(a) conforms with the use prescribed in the applicable district in Schedule 4;
(b) would not unduly interfere with the amenities of the neighbourhood; and
(c) would not materially affect the use, enjoyment or value of neighbouring properties.
35. EVALUATING APPLICATIONS FOR USES NOT APPEARING IN THIS BYLAW
(1) Where a use is applied for which is not specifically considered in any land use district or defined
elsewhere in the Bylaw, but is deemed by the Development Officer to be potentially similar in
character and purpose to another use that is permitted or discretionary in the district in which the
use has been proposed, the Development Officer shall refer the application to the Municipal
Planning Commission to make a determination respecting the similarity of the proposed use.
(2) The Municipal Planning Commission shall make a determination respecting the similarity of the
proposed use in character and purpose to a permitted or discretionary use listed in the applicable
district.
(3) If the Municipal Planning Commission deems the proposed use to be similar in character and
purpose to a permitted or discretionary use listed in the applicable district, it shall evaluate the
proposed use as a discretionary use and make a decision in respect of the application.
(4) Where a use is not listed as discretionary nor as permitted in a land use district and is not deemed
similar in nature in accordance with Section 35(3), then that use is prohibited in the district.
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NOTIFICATION AND NOTICE OF DECISION
36. SITUATIONS WHERE NOTIFICATION IS REQUIRED
The Development Officer shall notify adjacent landowners and other persons likely to be affected by a
development application upon receipt of an application for any of the following:
(1) a permitted use requesting a major variance;
(2) any discretionary use;
(3) a use which is not defined elsewhere in the Bylaw, but that is deemed to be similar in character
and purpose to another use that is listed as permitted or discretionary in the applicable district.
37. FORM, MANNER, EXTENT AND CONSIDERATION OF NOTIFICATION
(1) Notification of adjacent landowners and other persons likely to be affected by a development
application shall be provided via one or more of the following methods:
(a) placing a notice in a local publication at least 10 days prior to the date of consideration;
(b) sending a notice by postal mail or by email at least 10 days prior to the date of consideration;
(c) posting a notice on the official municipal website or social media account at least 10 days
prior to the date of consideration;
(d) posting a notice in a conspicuous place on the subject property at least 5 days prior to the
date of consideration; or
(e) hand delivering a notice at least 5 days prior to the date of consideration.
(2) In all cases, notification shall:
(a) describe the nature and location of the use;
(b) state, if applicable, the time and place where the Municipal Planning Commission will meet
to consider the application, and indicate how and when the written or oral submissions
respecting the application will be received at that time; and
(c) specify the location at which the application can be inspected.
(3) The Development Officer shall notify Cardston County and consider its comments prior to
deciding on an application for a discretionary use if the proposed location is:
(a) on a parcel adjacent to the intermunicipal boundary; or
(b) within the boundary area of land subject to an intermunicipal development plan adopted by
the Town and Cardston County, in which case, the relevant policies respecting referral and
comments stipulated in that plan must be followed.
(4) Where notification is required pursuant to Section 36, the Development Officer shall use their
discretion in determining the necessary extent of notification for the purposes of notifying adjacent
landowners and other persons likely to be affected, but in all cases shall notify landowners of
immediately adjacent parcels of land.
(5) After considering any responses to the notification of adjacent landowners and other persons
likely to be affected, the Development Officer shall either:
(a) approve the development application with or without conditions;
(b) refuse the development application, stating the reasons for refusal; or
(c) refer the development application to the Municipal Planning Commission for a decision.
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38. NOTICE OF DECISION
(1) Upon the issuance of a development permit for a permitted use requesting no variances or a
minor variance, the Development Officer:
(a) shall send notice of the decision along with a copy of the development permit to the applicant
via postal mail or by email; and
(b) may publish notice of the decision within a local publication.
(2) When a decision has been rendered in respect of a development application for a permitted use
requesting a major variance, the Development Officer shall:
(a) send notice of the decision to the applicant via postal mail or by email;
(b) publish the notice in a local publication or use any other method listed in Section 37(1) to
provide notice of the decision to all persons who received notification of the application; and
(c) in the case of an approval, send a copy of the development permit to the applicant via postal
mail or by email.
(3) When a decision has been rendered in respect of a development application for any discretionary
use, the Development Officer shall:
(a) send notice of the decision to the applicant via postal mail or by email;
(b) publish the notice in a local publication or use any other method listed in Section 37(1) to
provide notice of the decision to all persons who received notification of the application; and
(c) in the case of an approval, send a copy of the development permit to the applicant via postal
mail or by email.
39. DATE ON WHICH A DECISION IS GIVEN
For the purposes of ascertaining the appeal period, the date on which a decision is given shall be
understood to mean the date on which notice of the decision is posted in a local publication. Where
notice of the decision is not posted in a local publication, the date on which the decision is given shall
be the date on which the Development Officer signs the development permit.
40. DEEMED REFUSALS
In accordance with s. 684 of the MGA, an application for a development permit shall, at the option of
the applicant, be deemed to be refused when the Development Authority does not make a decision
within 40 days of receiving the complete application unless the applicant has entered into an
agreement with the Development Authority to extend the 40-day decision period.
DEVELOPMENT PERMIT CONDITIONS
41. CONDITIONS FOR PERMITTED USES
The Development Authority may place any of the following conditions on a development permit for a
permitted use:
(1) completion of a geotechnical evaluation to ensure the site is suitable in terms of topography, soil
characteristics, flooding, subsidence, erosion and sanitary sewage servicing;
(2) alteration of the location or size of a building to ensure any setback requirement of this Bylaw or
the Matters Related to Subdivision and Development Regulation can be met;
(3) the application of an increased setback to any minimum required setback(s) if determined to be
necessary:
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(a) in the implementation of a planning or planning related objective; or
(b) to provide for resubdivision, that would facilitate a density more appropriate to the respective
land use district, where the lot size of the subject lot exceeds the maximum lot size standard
(if applicable in the land use district) resulting from a historical lot size or through a
consolidation of lots over which the Town did not have control;
(4) where an increased setback is required under Section 41(3)(b) in order to facilitate resubdivision,
the applicant may be required to submit a conceptual scheme indicating, at a basic level, how
resubdivision will be accessed and serviced;
(5) easements and/or encroachment agreements;
(6) conditions as considered necessary to address the provision of utility servicing including, but not
limited to electricity, gas, water, sewer, and storm water;
(7) requirement for a lot and/or construction stakeout conducted by an Alberta Land Surveyor or
Professional Engineer;
(8) repairs or reinstatement of original condition of any street furniture, curbing, sidewalk, boulevard
landscaping and tree planting which may be damaged or destroyed or otherwise altered by
development or building operations upon the site;
(9) time periods stipulating completion of development;
(10) provision of a development agreement pursuant to Section 43;
(11) provision of security pursuant to Section 44 to ensure the terms of the approval under this section
are carried out;
(12) payment of a development fee or off-site levy pursuant to Section 45;
(13) any measures to ensure compliance with this Bylaw, including conditions pursuant to any
provision listed in a schedule, or any statutory plan adopted by the Town; and
(14) any measures to ensure compliance with applicable federal or provincial approvals.
42. CONDITIONS FOR DISCRETIONARY USES
The Development Authority may place any of the conditions on a development permit for a
discretionary use that it would place on a permit for a permitted use, as well as any other necessary
conditions to ensure suitability, uphold quality, and achieve compatibility with surrounding uses.
43. CONDITION TO ENTER INTO A DEVELOPMENT AGREEMENT
(1) The Development Authority may require, as a condition of development approval, that the
applicant enter into an agreement with the Town, pursuant to s. 650(1) of the MGA, to do any or
all of the following:
(a) construct or pay for the construction of a road required to give access to the development;
(b) construct or pay for the construction of a pedestrian walkway system to serve the
development and/or connect with existing or proposed pedestrian walkway systems that
serve an adjacent development;
(c) install or pay for the installation of public utilities or works, excluding telecommunications,
that are necessary to serve the development;
(d) construct or pay for the construction of off-street, or other parking facilities and/or loading
and unloading facilities;
(e) pay a development fee or off-site levy; and
(f)
give security to ensure that the terms of the agreement are carried out.
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(2) An agreement referred to in this section may require the applicant to oversize improvements in
accordance with s. 651 of the MGA.
(3) The Town may register a caveat under the Land Titles Act against the certificate of title to a parcel
that is subject to an agreement under this section. If the Town registers a caveat, it must discharge
the caveat once the developer has carried out the terms prescribed in the agreement.
44. CONDITION TO PROVIDE SECURITY
(1) As a condition of development approval, the Development Authority is empowered to require the
provision of security by the developer to safeguard against the risk of the developer failing to fulfil
the obligations established as conditions of a development permit or in a development agreement.
This security is typically provided as an irrevocable line of credit or other form satisfactory to the
Town.
(2) Where security has been taken, the funds shall be released only when it has been suitably
demonstrated that the conditions have been satisfied. Sole discretion to make this determination
is vested in the Development Authority.
(3) Specific requirements for the security shall be contingent on the type as well as the scale of a
development application, where the security is proportional to the estimated total costs. The
security shall be calculated based on the developer's estimate, unless the Development Authority
determines that the developer's estimate is inadequate, in which case the Development Authority
shall determine the amount of security independently.
(4) The security shall be held by the Town, in trust and without interest payable, until such time that
the Development Authority has authorized the release of the funds, at which point it shall be
released within 30 days.
(5) In the event the conditions of the underlying approval are not adhered to, the Town may withdraw
funds from the security to undertake activities to complete the outstanding items. Within 60 days
from the date of completion, the Town shall provide accounting to the developer indicating how
the proceeds of the security were applied.
(6) An additional security in the amount of $500 may be required for sidewalks and any other
municipal infrastructure to ensure that already constructed sidewalks or other municipal
infrastructure are not destroyed when construction or demolition occurs on a lot. If damage does
occur, the Town will use the security fee for the repair costs and the developer will be responsible
for any additional costs to repair the sidewalk to its previous condition. If security has not been
taken by the Town and damage has occurred to municipal infrastructure, the Town may invoice
the developer for any and all damages incurred.
45. CONDITION TO PAY A DEVELOPMENT FEE OR OFF-SITE LEVY
(1) A development application may be subject to a development fee at the time of approval as a
mechanism for the Town to recover costs associated with constructing the municipal
infrastructure required to access or service the subject land, including improvements to offset
localized impacts in the vicinity.
(2) For the purpose of generating revenues to recover costs for municipal infrastructure and facilities
benefitting a broader area in the Town, an off-site levy may be imposed on a development
application at the time of approval in accordance with an off-site levy bylaw adopted by the Town.
(3) The fees and levies referred to in Section 45(1) and Section 45(2), respectively, may require the
applicant to oversize improvements in accordance with s. 651 of the MGA.
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DEVELOPMENT PERMIT VALIDITY
46. DEVELOPMENT APPEALS
(1) Any person applying for a development permit or any other person affected by an order, decision,
or development permit made or issued by the Development Authority, may appeal to the
Subdivision and Development Appeal Board within 21 days after the date on which the decision
is given, in accordance with s. 685 and s. 686 of the MGA. Where a provincial interest exists on
the subject land, the Land and Property Rights Tribunal shall act as the appeal body in lieu of the
Subdivision and Development Appeal Board.
(2) An appeal to the Subdivision and Development Appeal Board shall be commenced by serving
written notice of the appeal to the Subdivision and Development Appeal Board, along with the
applicable fee, within 21 days after the date:
(a) on which the written decision was given pursuant to Section 38;
(b) marking the expiration of the 40-day period or the extension period granted under
Section 40, where no decision was made on the application; or
(c) on which a stop order was issued under s. 645 of the MGA.
47. REAPPLICATION AND MINOR CHANGES TO AN APPROVED DEVELOPMENT PERMIT
(1) If a development application is refused by the Development Authority, another application for the
same use on the same lot may not be made for at least 6 months after the date of refusal.
(2) If an application was refused solely because it did not comply with the standards of this Bylaw,
the Development Officer may accept another application for the same use on the same lot before
the time period referred to in Section 47(1) has lapsed, provided that the application has been
modified to comply with this Bylaw.
(3) Where an applicant proposes minor, non-material modifications to an approved development
application, the Development Officer may accept the minor changes without requiring the
applicant to submit a new application. Where the Development Officer has accepted minor
changes, the applicant shall submit revised drawings indicating these changes.
(4) Where an applicant proposes more substantial modifications to an approved development
application that are deemed by the Development Officer to fall outside the scope of Section 47(3),
those major changes shall not be allowed until such time that a new development application has
been submitted by the applicant and approved by the Development Authority.
48. COMMENCEMENT OF DEVELOPMENT
(1) Despite the issuance of a development permit, no development is authorized to commence within
21 days of the date on which the decision was given.
(2) Notwithstanding Section 48(1), development may commence within 21 days of the date on which
the decision was given if the applicant has submitted a signed voluntary waiver of claims form.
49. COMPLETION OF DEVELOPMENT
(1) A development permit becomes invalid if the development is not carried out in compliance with
this Bylaw and the conditions attached to the approval.
(2) A development permit becomes invalid if the development is not carried out to completion within
18 months from the date the development permit was issued.
(3) The development timeline referred to in Section 49(2) may be extended for a period of up to
1 year at the discretion of:
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(a) the Development Officer, if the Development Officer issued the permit; or
(b) the Municipal Planning Commission, if the Municipal Planning Commission or the Subdivision
and Development Appeal Board issued the permit.
50. LONGEVITY OF DEVELOPMENT PERMIT
(1) The Development Authority may issue a temporary development permit for a period generally not
exceeding 12 months for a use listed as discretionary in the applicable land use district. The
provision of security may be required as a condition of development approval to ensure the use
is ceased and any associated improvements are removed in a timely fashion upon expiration of
the temporary development permit.
(2) A development permit that is not specified by the Development Authority as a temporary
development permit at the time it is issued remains in effect in perpetuity upon completion of the
development in accordance with Section 49, provided that nothing is done to the development
once completed to render it non-compliant.
51. TRANSFER OF DEVELOPMENT PERMIT
A development permit does not become invalidated by virtue of a change in ownership of the permit
resulting from a transfer or real property interests.
ENFORCEMENT
52. NOTICE OF VIOLATION
Where the Development Authority finds that a use or development of land, buildings or structures
contravenes this Bylaw, or the conditions of a development permit or subdivision approval, or the MGA,
or the Matters Related to Subdivision and Development Regulation, the Development Authority may
issue a notice of violation to the person responsible for the contravention. Such notice shall state the
following:
(1) the nature of the violation;
(2) corrective measures required to bring the permit or approval into compliance; and
(3) the time period within which such corrective measures must be performed.
53. REVOCATION OF A DEVELOPMENT PERMIT
(1) The Development Authority may issue a stop order to revoke a development permit by providing
notice in writing to the holder of the permit if, after the permit has been issued, the Development
Authority becomes aware that:
(a) the applicant or landowner's development has deviated from what was approved;
(b) the application for the permit contained a misrepresentation, or the applicant withheld
information that should have been disclosed and has subsequently become known; or
(c) the permit was issued in error.
(2) A person who receives a stop order may, by written notice within 21 days of being notified of the
order, appeal to the Subdivision and Development Appeal Board pursuant to s. 685 of the MGA.
(3) The Town may register a caveat under the Land Titles Act in respect of a stop order referred to
in Section 53(1) against the certificate of title to the subject parcel. A registered caveat must be
discharged when the stop order has been complied with.
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(4) Pursuant to s. 646 of the MGA, if a person fails or refuses to comply with a stop order directed to
the person under s. 645 or an order of the Subdivision and Development Appeal Board under
s. 687, the Development Authority may, under the authority of s. 542, enter on the land or in the
building and take any action necessary to carry out the order.
(5) If compliance with a stop order is not voluntarily affected, the Town may undertake legal action,
including but not limited to seeking injunctive relief from the Alberta Court of Queen's Bench
pursuant to s. 554 of the MGA. In accordance with s. 553, the expenses and costs of carrying out
an order under s. 646 may be added to the tax roll of the subject parcel.
54. PENALTIES AND RIGHT OF ENTRY
(1) Any person who contravenes a provision of this Bylaw is guilty of an offence pursuant to Part 13,
Division 5, Offences and Penalties of the MGA and is liable to a fine of not more than $10,000 or
to imprisonment for not more than 1 year or to both fine and imprisonment.
(2) A penalty of $500 or 3x the development permit application fee (whichever is lesser) may be
charged to a person who has commenced a development before such time that a development
permit has been issued in respect of that development and shall be collected at the time of
development permit application.
(3) In accordance with s. 542 of the MGA, the Development Authority may, after giving reasonable
notice to and obtaining consent from the owner or occupier of land upon which this Bylaw or the
MGA authorizes anything to be inspected, remedied or enforced or done by the Town:
(a)
enter on that land at a reasonable time and carry out inspection, enforcement, or action
authorized or required by the enactment or bylaw;
(b) request anything to be produced to aid the inspection, remedy, enforcement or action; and
(c) make copies of anything related to the inspection, remedy, enforcement or action.
(4) The Town may obtain a court order if a person refuses to grant consent or produce what is
necessary to facilitate the inspection, remedy, enforcement or action referred to in s. 542.
SUBDIVISION
55. SUBDIVISION AUTHORITY - POWERS AND DUTIES
(1) The Subdivision Authority may perform only such powers and duties as specified in:
(a)
this Bylaw;
(b)
the Town's Subdivision and Development Authority Bylaw;
(c)
the MGA;
(d)
the Matters Related to Subdivision and Development Regulation; or
(e)
a resolution of Council.
(2) The Subdivision Authority may choose a Town employee, a regional services commission or any
other person to act as its designate and perform its subdivision processing functions and duties.
56. SUBDIVISION APPLICATIONS
An applicant applying for subdivision shall provide the required fees and supporting information as
requested by the Subdivision Authority. A complete application shall consist of:
(1) an application, in the manner and form prescribed, clearly and legibly completed with all the
required information, signatures and the application fee;
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(2) an up-to-date copy of the certificate of title to the subject land;
(3) a surveyor's sketch or professionally prepared plan of subdivision, or an accurate and legible
sketch drawn to scale that shows the location, dimensions and boundaries of the proposed
subdivision and all other requirements prescribed in the subdivision application package;
(4) a sketch prepared by a professional surveyor or an up-to-date Real Property Report for a
subdivision application where any buildings or structures are present on the subject land; and
(5) any such other information as may be required at the discretion of the Subdivision Authority in
order to accurately evaluate the application and determine compliance with this Bylaw and any
other municipal bylaws and plans, the MGA, the Matters Related to Subdivision and Development
Regulation, or other government regulations. This may include, but is not limited to, the provision
of geotechnical information, soil analysis reports, water reports, slope stability analyses, drainage
plans, contours and elevations of the land, engineering studies or reports, wetland reports,
environmental impact assessments, utility and servicing information, and the preparation of an
area structure plan or conceptual scheme.
57. DETERMINATION OF COMPLETENESS FOR SUBDIVISION APPLICATIONS
(1) In accordance with the MGA, the Subdivision Authority shall provide notification to a subdivision
applicant within the 20-day prescribed time period respecting the completeness of the submitted
application, along with what information is required to be submitted within a specified time period
if the application is deemed to be incomplete, by sending notification as follows:
(a) for an application deemed complete, the applicant shall be notified in writing as part of the
formal subdivision application circulation referral letter;
(b) for an application determined to be incomplete, written notification shall be given to the
applicant which may be in the form of a letter sent to the applicant by postal mail or by email;
and
(c) in respect of Section 57(1)(b) for a subdivision application determined to be incomplete, the
applicant will be advised in writing as part of the notice of incompleteness what the
outstanding information and documents are that must be submitted by a date specified in
the notice.
(2) Notwithstanding Section 57(1), the applicant and Subdivision Authority may agree and sign a time
extension agreement in writing to extend the 20-day time period to determine whether the
subdivision application and support information submitted is complete.
(3) If the applicant fails to submit all outstanding information and documents on or before the date
specified in the notice referred to in Section 57(1)(c) (or a later date agreed on in writing between
the applicant and the Subdivision Authority), the application is deemed to be refused. The
Subdivision Authority will notify the applicant in writing that the application has been refused and
state the reason for the refusal and include the required information on filing an appeal and to
which appeal board the appeal lies, either the local appeal board or the Land and Property Rights
Tribunal. The notification may be sent to the applicant by postal mail or by email.
(4) A determination of completeness made by the Subdivision Authority does not preclude the
Subdivision Authority from requesting the submission of supplementary information or
documentation during the application review period, prior to a decision being rendered, or as a
condition of subdivision approval.
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ADMINISTRATIVE PROVISIONS
58. EVALUATING SUBDIVISION APPLICATIONS
(1) The Subdivision Authority shall, in its review of applications for subdivision, and in addition to the
requirements and relevant considerations in the MGA and the Matters Related to Subdivision and
Development Regulation, make decisions with the aim of providing for logical, orderly
development that is consistent with and facilitates the realization of the goals and policies in the
Municipal Development Plan.
(2) The Subdivision Authority is not bound to approve an application despite compliance with the
minimum and maximum (where applicable) lot sizes and dimensional standards in this Bylaw.
(3) The Subdivision Authority may impose a condition of approval, registered against the title
pursuant to s. 651.1 of the MGA, requiring provision of a restrictive covenant to establish an
overlay plan that preserves the ability for future resubdivision of a parcel by ensuring that future
lot lines, roadways, and building position and orientation is planned for.
59. DEVELOPMENT AGREEMENTS FOR SUBDIVISION
(1) As a condition of subdivision approval, the Subdivision Authority may require the applicant to
enter into an agreement with the Town pursuant to s. 655(1)(b) of the MGA to do any or all of the
items described in Section 43.
(2) An agreement referred to in this section may require the applicant for subdivision approval to
oversize improvements in accordance with s. 651 of the MGA.
(3) The Town may register a caveat under the Land Titles Act against the certificate of title to a parcel
that is subject to an agreement under this section. If the Town registers a caveat, it must discharge
the caveat once the developer has carried out the terms prescribed in the agreement.
60. CONDITION TO PROVIDE SECURITY
As a condition of subdivision approval, the Subdivision Authority is empowered to require the provision
of security by the developer according to the procedure outlined in Section 44 to safeguard against
the risk of the developer failing to fulfil the obligations established in the development agreement.
61. DEVELOPMENT FEES AND OFF-SITE LEVIES FOR SUBDIVISION
(1) A subdivision application may be subject to a development fee at the time of approval as a
mechanism for the Town to recover costs associated with constructing the municipal
infrastructure required to access or service the subject land, including improvements to offset
localized impacts in the vicinity.
(2) For the purpose of generating revenues to recover costs for municipal infrastructure and facilities
benefitting a broader area in the Town, an off-site levy may be imposed on a subdivision
application at the time of approval in accordance with an off-site levy bylaw adopted by the Town
under s. 648 of the MGA.
(3) The fees and levies referred to in Section 60(1) and Section 60(2), respectively, may require the
applicant to oversize improvements in accordance with s. 651 of the MGA.
62. ARCHITECTURAL CONTROLS
(1) Some areas within the Town may have architectural control guidelines in place for the
construction of new buildings and structures. Architectural control review of plans needs to be
approved by the developer or a person designated by the developer prior to a development
application being evaluated by the Town.
(2) The Municipal Planning Commission may, as part of subdivision approval:
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(a) require architectural control guidelines to be submitted for review and approval prior to
subsequently being registered on title; and
(b) stipulate specific land use, building restrictions or development standards to be included.
63. SUBDIVISION APPEALS
Any subdivision applicant or other person eligible to appeal a subdivision decision pursuant to s. 678
of the MGA and the Matters Related to Subdivision and Development Regulation may appeal to the
Subdivision and Development Appeal Board. Where a provincial interest exists on the subject land, the
Land and Property Rights Tribunal shall act as the appeal body.
LAND USE DISTRICTS
64. LAND USE DISTRICTS
(1) The Town is divided into those districts specified in Schedule 4 and shown on the accompanying
land use district map in that Schedule.
(2) Schedule 4 describes:
(a) uses that are permitted in each district, with or without conditions; and
(b) uses that are discretionary in each district, with or without conditions.
AMENDING THIS BYLAW
65. LAND USE BYLAW AMENDMENT PROCEDURE
(1) Any person may initiate amendments to this Bylaw by making an application to the Development
Officer using the appropriate form in Appendix B and paying the required fee as per Appendix C.
(2) The Development Officer may, in addition to the information provided on the application form,
request any other information it deems necessary to properly evaluate the application and make
a recommendation to Council.
(3) The Development Officer may refuse to accept an application if, in its opinion, the information
supplied is not sufficient to make a proper evaluation of the proposed amendment.
(4) The Development Officer shall submit the application to Council for a decision if it is satisfied
sufficient information has been provided with the application.
(5) Council or the Development Officer may refer the application to the Municipal Planning
Commission for its recommendation.
(6) Council shall follow the procedures in the MGA, including the processes related to notice of public
hearings and the conduct of meetings.
(7) Where an application for an amendment to this Bylaw has been refused by Council, an identical
or similar application in respect of the subject parcel may be refused until at least 6 months from
the date of refusal.
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ADMINISTRATIVE PROVISIONS
66. LAND USE REDESIGNATION APPLICATION REQUIREMENTS
A request to redesignate lands from one district to another may require an area structure plan or
conceptual scheme to be prepared, and shall be supported by the following:
(1) a completed application form from Appendix B and the applicable fee as per Appendix C;
(2) a copy of the certificate of title for the lands, dated not more than 60 days prior to the date on
which the application was received;
(3) a narrative describing the:
(a) proposed designation and future uses;
(b) consistency of the proposed designation and uses with the applicable statutory plans;
(c) compatibility of the proposed designation and uses with surrounding uses;
(d) suitability of the parcel for development, including identification of any constraints or hazard
areas (i.e. easements, soil conditions, topography, drainage, floodplain, steep slopes);
(e) availability of facilities and services (sewage disposal, domestic water, gas, electricity, fire
and police protection, schools, etc.) to serve the subject property while maintaining adequate
levels of service to existing development; and
(f)
any other information deemed necessary by the Development Officer or Council to properly
evaluate the proposed redesignation;
(4) a conceptual subdivision design, if applicable;
(5) an evaluation of surface drainage which may encompass adjacent properties;
(6) if deemed necessary by the Development Officer, or Council, a geotechnical report prepared by
an engineer registered with the Association of Professional Engineers and Geoscientists of Alberta
(APEGA), addressing the following but not limited to:
(i)
slope stability;
(ii)
depths to bedrock and water table;
(iii) groundwater quality; and
(iv) soil suitability for private sewage disposal; and
(7) any other information necessary to properly evaluate the application
SCHEDULE 1
GENERAL DEFINITIONS
Land Use Bylaw No. 1284
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SCHEDULE 1
GENERAL DEFINITIONS
The terms defined in this Schedule encompass planning and development, as well as their associated
processes. Except where the specific context implies otherwise, these definitions govern the use and
development of all lands, buildings and structures in the Town. The terms listed herein are to include
successor terms where the names of agencies or documents change over time.
ADDITION means construction that increases the footprint of an existing building without structurally
altering the existing roof or exterior walls except to provide an opening for access from, and integration of,
the existing building to the portion added thereto. There shall be a common structural connection between
the existing building and the addition that includes a roof and a foundation.
ADJACENT means a parcel that is contiguous, or would be contiguous if not for a street, lane, walkway,
utility right-of-way, water body, or similar feature.
ALTERATION means:
(a) any structural change to a building or structure that results in an increase or decrease in the area
or the volume of the building or structure;
(b) any change in the area frontage, depth, or width of a lot that affects the required yard, landscaped
open space, or parking requirements; or
(c) any discontinuation or change of the principal use of the building or structure.
APPEAL means to challenge the decision, or one or more conditions of a decision made by a governing
authority regarding development and subdivisions applications.
APPLICANT means, in the context of an application for subdivision or development, the registered owner
of the subject parcel or the person authorized to act on behalf of the registered owner.
AREA STRUCTURE PLAN means a statutory plan prepared in support of an application for redesignation,
subdivision or development pursuant to the MGA and the Town of Magrath Municipal Development Plan
that provides a framework for subsequent subdivision and development of a specified area in the Town.
AREA, DEVELOPABLE means the portion of a parcel that is suitable for the development of buildings or
structures once those areas dedicated for the construction of roads and utilities have been subtracted, as
well as those areas that contain or are within the prescribed setbacks of steep slopes, contamination,
hazards, drainage courses, or protected historical or environmental areas.
AREA, GROSS FLOOR means the total floor area of all floors of a building located completely above grade
as well as those not more than 1.5 m (5 ft) below grade, measured from the outside surface of the exterior
walls or to the centreline of a shared firewall. Attached garages, decks, patios, porches, verandas and
balconies are excluded from the calculation of gross floor area.
AREA, LANDSCAPED means that portion of a site which is required to be landscaped and may not be used
for parking, storage, or display of items for sale.
AREA, NET FLOOR means the gross floor area of a building minus the horizontal floor area on each floor
used for corridors, elevators, stairways, mechanical rooms, workrooms, washrooms, lobbies, and other non-
rentable areas.
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AWNING means lightweight metal or cloth shelter projecting from and supported entirely by the exterior
wall of a building.
BALCONY means a horizontal platform located above the first storey of a building that projects from the
building face and may only be accessed from within the building.
BASEMENT means the portion of a building having a floor below grade by a distance greater than half the
distance from floor to ceiling.
BAY WINDOW means a window projecting from the exterior wall of a building that is not intended to provide
physical access to the building.
BERM means an embankment, mound, or structure of earthen material constructed to confine or control
the flow of water and to prevent flooding of adjacent upland areas.
BUFFER means an area of natural vegetation maintained around a feature to mitigate the effects of any
activity applied to the area beyond the buffer.
BUILDING means anything (excluding highways, roads, and associated bridges) that is constructed or
placed on, in, over or under land, and that is used (or intended) to provide shelter or support to persons,
animals or property.
BUILDING FOOTPRINT means the 2-dimensional area of a building as measured from a point at grade
directly below the outside surface of the exterior walls.
BUILDING HEIGHT means the vertical distance measured from the average grade along the length of the
building and the highest point of the building excluding a roof stairway entrance, elevator housing, a
ventilating fan, a skylight, a steeple, a chimney, a smoke stack, a fire wall or a parapet wall and a flagpole
or similar device not structurally essential to the building.
DETERMINING BUILDING HEIGHT
BUILDING INSPECTOR means the person(s) designated by the Town to be a building inspector.
BUILDING PERMIT means a certificate or document issued by the Safety Codes Officer pursuant to
provincial legislation authorizing commencement or furtherance of construction.
BUILDING, NON-CONFORMING means a building:
(a) that is lawfully constructed or lawfully under construction at the date this Bylaw or amendment
thereof affecting the building or land on which the building is situated becomes effective; and
(b) that on the date this Bylaw or any amendment thereof becomes effective does not, or when
constructed will not, comply with this Bylaw.
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BUSINESS means a commercial, merchandising, or industrial activity or undertaking, a profession, trade,
occupation, calling or employment or an activity providing goods or services, whether or not for profit and
however organized or formed, including a cooperative or association.
CANTILEVER means a structural portion of a building floor that extends beyond the foundation wall and is
not structurally supported from below.
CERTIFICATE OF COMPLIANCE means a document signed by the Development Authority and
represented on a Real Property Report certifying that a building complies with the measurable standards
prescribed in this Bylaw.
CLEAR VISION TRIANGLE means a triangular 3-dimensional area formed on a corner lot by the two street
property lines and a straight line, which intersects them 7.6 m (25 ft) from the corner where the property
lines meet.
COMPATIBILITY means harmony between elements such as scale, height, massing, materials, population
density and the flow of traffic.
COMPLIANCE means adherence to a regulation, process or practice.
CONCEPTUAL SCHEME means a concept plan prepared in support of an application for redesignation,
subdivision or development that functions as an informal decision support tool for the Planning Authority
but is not adopted by municipal bylaw. A conceptual scheme consists of a site layout sketch conveying the
spatial organization and interrelationships of proposed uses and physical improvements. Accompanying the
site layout sketch is a narrative describing the means of physical access to the site, the servicing strategy
and proposed sequence of development, as well as the nature of the uses and their associated densities in
the context of parcel suitability and neighbourhood compatibility. Qualitative elements such as landscaping,
lighting and architectural guidelines may also be provided for in a conceptual scheme.
COUNCIL means the Council of the Town of Magrath.
CSA A277 means the most current edition of the Procedure for Certification of Prefabricated Buildings,
Modules, and Panels, which is used by accredited certification agencies to indicate that prefabricated
buildings, modules and panels have been designed and constructed in compliance with the
National Building Code - Alberta Edition.
DATE ON WHICH THE DECISION WAS GIVEN means, in respect of a development application, the date
on which notice of the decision was posted in a local publication or, if the decision was not posted in a local
publication, the date the development permit was signed.
DEMOLITION means the tearing down or removal of a building or structure from a lot.
DETACHED means not sharing a roof, floor or foundation with another building.
DEVELOPER means an individual, partnership or body corporate that locates and secures control of a
parcel, conceives a development proposal that is suitable for the parcel and compatible with existing uses
in the vicinity, obtains the necessary regulatory approval for that proposal, and undertakes the proposal in
accordance with this Bylaw, the conditions attached to the approval, and any applicable federal and
provincial regulations.
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GENERAL DEFINITIONS // SCHEDULE 1
DEVELOPMENT means:
(a) an excavation or stockpile and the creation of either of them;
(b) a building or structure or an addition to, replacement or repair of a building or structure, and the
construction or placing of a building or structure on, in, over or under land;
(c) a change of use of land, a building or a structure, or an act done in relation to land, a building or a
structure that results in or is likely to result in a change of use of the land, building or structure; or
(d) a change in the intensity of use of land, a building or a structure, or an act done in relation to land,
a building or a structure that results in or is likely to result in a change in the intensity of use of the
land, building or structure.
DEVELOPMENT AGREEMENT means a contractual agreement between the Town and a developer, which
specifies the public roadways, utilities and other services to be provided by the developer as a condition of
approval for subdivision or development.
DEVELOPMENT APPLICATION means an application for a development permit.
DEVELOPMENT APPROVAL means the issuance of a development permit in accordance with this Bylaw.
DEVELOPMENT AUTHORITY means the person or body established by bylaw to act as the Town's
Development Authority.
DEVELOPMENT FEE means a charge imposed on a subdivision application or development application at
the time of approval. Development fees are a cost recovery tool wherein funds are allocated toward
constructing the municipal infrastructure required to service or access the subject land, including off-site
localized impacts in the vicinity.
DEVELOPMENT OFFICER means a person authorized by Council to act as the Development Authority
pursuant to s. 623(b) of the MGA and in accordance with the Town's Subdivision and Development Authority
Bylaw.
DEVELOPMENT PERMIT means a document issued pursuant to this Bylaw authorizing development that
has been approved by the Development Officer, the Municipal Planning Commission, Council in the case
of Direct Control districting, or the Subdivision and Development Appeal Board in the case of an appeal.
DISASTER RECOVERY PROGRAM means a natural disaster financial relief framework administered by the
Government of Alberta that provides qualifying applicants with assistance on a cost-sharing basis to help
restore uninsurable property losses and damages. Funding under the Disaster Recovery Program is
reserved for extraordinary natural events for which insurance is not reasonably or readily available, and that
result in widespread property damage. In the context of flooding caused by a watercourse, only applicants
impacted by a flood exceeding the 1:100 flood who do not have access to overland flood insurance are
eligible for financial assistance under the Disaster Recovery Program. A property that receives Disaster
Recovery Program funding in 2021 or a subsequent year becomes ineligible to apply for relief in the event
of a future disaster.
DISTRICT means a land use district established in Schedule 4 of this Bylaw.
EAVE LINE means the line formed by the intersection of the wall and roof of a building.
ENACTMENT means a provincial or federal statute, or a regulation brought into force under a statute.
ENCLOSED means a space surrounded by two or more walls, plus a roof or beam or other enclosing device
above 1.2 m (4 ft) in height as measured from the floor.
ENCROACH means to extend beyond one's property line.
EXCAVATION means the space created by the removal of soil, rock or fill.
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EXISTING means in place as of the date this Bylaw was adopted.
FEES & RATES BYLAW means the Town of Magrath Fees & Rates Bylaw, which establishes fees for
licenses, permits and approvals for development and other activities.
FENCE means a fence, wall, hedge or other enclosure.
FLOOD FRINGE means the portion of the Flood Hazard Area outside of the Floodway. Water in the Flood
Fringe is generally shallower and flows more slowly than in the Floodway.
FLOOD HAZARD AREA means the at-risk area in the Town depicted in the flood inundation map for the
1:100 flood. Parcels located in the Flood Hazard Area have a 1% chance of being reached by flood waters
in any given year.
FLOOD INUNDATION MAP means a map showing the area at risk for a flood of a particular size. The at-
risk area on the flood inundation map corresponding to the 1:100 flood denotes the Flood Hazard Area,
which forms the basis for land use and development regulations prescribed in this Bylaw. Flood inundation
maps for other-sized floods, including those floods caused by the failure of dams, are used to inform
infrastructure design and local emergency response planning.
FLOODWAY means the portion of the Flood Hazard Area where flows are deepest, fastest and most
destructive.
FLOOD-PROOFING means structural modifications to physical improvements that substantially reduce the
risk of flood damage to real property or infrastructure.
FLOOD, 1:100 means a flood that has a 1% chance of occurring in any given year.
FOUNDATION means the supporting base of a building or structure through which the loads from the
building or structure are transferred to supporting soil.
FOUNDATION, PERMANENT means a foundation that complies with the requirements of the
National Building Code - Alberta Edition applicable to the particular development type in this Bylaw.
FRONTAGE means the linear distance of a parcel boundary shared with a street.
GEOTECHNICAL REPORT means a report submitted by a qualified professional accredited by the
Association of Professional Engineers and Geoscientists of Alberta (APEGA) summarizing the findings of a
subsurface investigation undertaken by that individual to assess the impacts of underground conditions on
the suitability of a parcel for a proposed use. A geotechnical report includes a statement respecting the
impacts of subsurface conditions on suitability, as well as recommendations to guide the design and
construction of proposed physical improvements.
GRADE means the average elevation of the finished ground surface excluding artificial embankments.
GRADE, BUILDING means, as applied to the determination of building height, the average ground elevation
as measured by averaging the ground elevations immediately adjacent to at least four corner points of a
building, except that localized depressions need not be considered in determining these ground elevations.
GRADE, LANDSCAPED means, as applied to the determination of height of balconies, decks, patios and
other landscape structures, the average elevation of finished landscaped ground under the four principal
corners of the balcony, deck, patio or landscape structure.
IMPROVEMENTS means buildings, structures and/or utilities on a parcel.
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GENERAL DEFINITIONS // SCHEDULE 1
INFILL DEVELOPMENT means the development or redevelopment of a vacant or partially developed parcel
within a built-up neighbourhood or in close proximity to areas that have been fully or substantially developed
for a significant period of time.
LAND AND PROPERTY RIGHTS TRIBUNAL means an amalgamation of provincial quasi-judicial boards
whose duties include acting as the appeal body for subdivision and development decisions where a
provincial interest exists on the land subject to the appeal.
LAND TITLES ACT means the provincial statute that sets forth the legal mechanism respecting the
registration of plans of survey and real property interests.
LANDING means the platform or floor at the top of a flight of stairs or between flights of stairs.
LANDSCAPING means the modification, beautification and enhancement of a site with native vegetation
and other natural features as well as with hardscaping consisting of non-vegetative materials such as brick,
rock, stone, decorative concrete, tile and wood, excluding monolithic concrete and asphalt. Areas utilized
for driveways and parking do not fall within the definition of landscaped areas for the purposes of this Bylaw.
LANE means a public roadway providing a secondary means of access to one or more lots.
LETTER OF CREDIT means a secure guarantee issued to the Town by a financial institution that will provide
the Town with requisite funds to fulfil the terms of a development agreement should the developer default.
In contrast with performance bonds, irrevocable letters of credit typically include an unconditional
obligation, making them a more secure guarantee from the perspective of a municipality.
LOCAL PUBLICATION means a newsletter, newspaper or other local publication circulating in the Town.
LOT means:
(a) a quarter section;
(b) a river lot shown on an official plan, as defined in the Surveys Act, that is filed in a land titles office;
(c) a part of a parcel where the boundaries of the parcel are separately described in the certificate of
title other than by reference to a legal subdivision; or
(d) a part of a parcel 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.
LOT FRONTAGE means the front lot line or that side of a lot abutting a public roadway, but does not include
any side abutting a lane, unless said lane is the only means of physical access to a lot.
LOT LENGTH means the horizontal distance between the front and the rear lot lines measured along the
median between the side lot lines.
LOT LINE means a legally surveyed boundary of a lot. "Property line" and "property boundary" have the
corresponding meaning.
LOT WIDTH means the horizontal distance between the side lot lines measured at the front setback line.
LOT, CORNER means a lot located at the intersection of two or more streets.
LOT, INTERIOR means a lot situated between two lots or another lot and a lane and having access to not
more than one street.
LOT, NON-CONFORMING means an existing registered lot in the Town that does not meet one or more of
the minimum measurable standards prescribed in Schedule 4 for the pertinent land use district.
MASSING means the reductive 3-dimensional form of a building as determined by its volume, height and
orientation.
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MATERIALLY means substantially.
MEASURABLE STANDARD means a prescribed minimum or maximum dimensional requirement,
including but not limited to parcel length and width, setbacks and site coverage.
MINIMUM HOUSING AND HEALTH STANDARDS are standards prescribed in the Housing Regulation
under the Public Health Act to protect and promote the health and well-being of occupants of rental housing
premises and of those residing in the immediate vicinity of such premises. The standards specify minimum
conditions that are essential to good health and that make housing premises safe, sanitary and fit for human
habitation. The Minimum Housing and Health Standards are enforced by the regional health authority.
MODULAR CONSTRUCTION means a method of construction whereby building modules are
prefabricated in an off-site facility and transported to the development site where they are assembled and
anchored to a permanent foundation.
MOVED-IN BUILDING means a previously occupied, conventionally constructed building, which is
physically removed from one site, transported and re-established on another site for an approved use.
MUNICIPAL DEVELOPMENT PLAN means the Town of Magrath Municipal Development Plan.
MUNICIPAL PLANNING COMMISSION means a committee of Council where Council has delegated some
or all of its decision-making authority, as established by separate bylaw under s. 623 and s. 625 of the MGA,
to make subdivision and development decisions on behalf of the Town.
MUNICIPAL RESERVE means the land specified to be municipal reserve by the Subdivision Authority
pursuant to s. 666 of the MGA.
MUNICIPAL AND SCHOOL RESERVE means the land specified to be municipal and school reserve by the
Subdivision Authority pursuant to s. 666 of the MGA.
NATIONAL BUILDING CODE - ALBERTA EDITION means the technical requirements governing the
design and construction of new buildings, as well as the alteration, demolition or change of use of existing
buildings. The National Building Code - Alberta Edition is brought into force as regulation under the Safety
Codes Act.
NATIONAL FIRE CODE - ALBERTA EDITION means the technical requirements predominantly related to
the ongoing operation and maintenance of fire safety and fire protection features of existing buildings. The
National Fire Code - Alberta Edition is developed in coordination with the National Building Code - Alberta
Edition and is likewise brought into force as regulation under the Safety Codes Act.
NUISANCE means anything that materially interferes with the use or enjoyment of property, or that
endangers human health or safety.
OCCUPANCY means the use of a building or portion of a building for the shelter or support of persons,
animals or property.
OFF-SITE LEVY means a levy imposed on a subdivision application or development application at the time
of approval in accordance with an off-site levy bylaw adopted by the Town pursuant to s. 648 of the MGA.
Off-site levies generate revenues to recover costs for municipal infrastructure and facilities that benefit a
broad area in the Town.
ORIENTATION means the arranging or facing of a building or other structure with respect to the points of
the compass.
PARCEL means the totality of the land described in a single certificate of title.
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GENERAL DEFINITIONS // SCHEDULE 1
PERMITTED PROJECTION means an allowance to extend into the prescribed minimum setback area in
accordance with the permitted projections specified in Schedule 5: Section 25.
PLAN OF SUBDIVISION means a plan of survey prepared in accordance with the relevant provisions of
the Land Titles Act for the purpose of effecting a subdivision.
PLANNER means the person designated by the Town to provide advisory services related to land use,
subdivision and development.
PLANNING AUTHORITIES means in accordance with Part 17, Division 3 of the MGA, the Subdivision
Authority, the Development Authority, and the Subdivision and Development Appeal Board.
PLOT means the area set aside for and used predominantly by one (1) manufactured dwelling and its
associated parking and yard space area in a non-subdivided community.
POLICY means a written statement of a public body that forms the basis for enacting legislation and making
decisions.
PORCH means a transitional space that facilitates passage into the entryway of a dwelling. A porch is
covered and may be unenclosed or enclosed with glass, screens or panels to serve as a buffer zone
between the home's entrance and the exterior elements. Unlike decks and patios, which are landscaping
features, a porch is integrated into the architectural design of the dwelling through the inclusion of
decorative stairs, skirting, columns and other elements which match the exterior. Similarly, the roof of a
porch will typically have a height corresponding to that of the first storey of the dwelling.
PREFABRICATED means any building, module or panel constructed in a factory or other off-site facility,
but for the purposes of this Bylaw excludes buildings that are equipped with an integrated frame, hitch,
wheels or chassis. All prefabricated buildings, modules and panels must be certified in accordance with
CSA A277 as proof that the design and construction satisfy the technical requirements prescribed in Part 9
of the National Building Code - Alberta Edition.
PRINCIPAL BUILDING means a building which, in the opinion of the Development Authority:
(a) occupies the major or central portion of a parcel;
(b) is the chief building among one or more buildings for which the parcel is used; or
(c) constitutes, by reason of its use, the primary purpose of the parcel.
PRIVACY WALL means a structural feature of a balcony, deck or patio typically no greater than 2 m (6.5 ft)
above the grade of the balcony, deck or patio (not including a railing) that provides visual screening.
PROFESSIONAL ENGINEER means an individual who is authorized to engage in the practice of
engineering in the province of Alberta under the Engineering and Geoscience Professions Act.
PUBLIC ROADWAY means a developed right-of-way maintained by the Town that is open to the public for
the purpose of vehicular traffic.
REAL PROPERTY REPORT (RPR) means a legal document prepared by an Alberta Land Surveyor that
illustrates in detail the location of all relevant visible improvements in relation to property boundaries.
REGISTERED ARCHITECT means a registered architect as defined in the Architects Act.
RESTRICTIVE COVENANT means a contractual restriction on the use of certain land for the benefit of other
land.
RIGHT-OF-WAY means an area of land not on a lot that is dedicated for necessary public transportation or
utility infrastructure, including but not limited to water lines, sewer lines, power lines, and gas lines.
Land Use Bylaw No. 1284
SCHEDULE 1 // GENERAL DEFINITIONS
9
SAFETY CODES ACT means a provincial statute that enacts a body of regulations encompassing fire
protection, barrier-free design and the design, manufacture, construction, installation, use, operation,
occupancy and maintenance of:
(a) buildings,
(b) electrical systems,
(c) elevating devices,
(d) gas systems,
(e) plumbing systems,
(f) pressure equipment, and
(g) private sewage disposal systems.
SCREENING means the total or partial concealment of a use, building or structure by a fence, berm or other
screening device.
SEASONAL means restricted to a certain season or time of year.
SETBACK means the minimum required distance that must be retained between a lot line and the nearest
exterior wall (including a foundation wall) of a building or structure.
SEPARATION DISTANCE means the minimum required distance between a development and another
development or specified feature.
SHRUB means a single or multi-stemmed woody plant typically under 5.0 m (16 ft) at maturity.
SILL means the lower horizontal piece along the frame of a window or door, which may be located on the
interior or exterior and provides structural support and/or may direct water clear of the wall below.
SITE means the portion of a parcel or group of parcels on which development exists or has been proposed.
SITE COVERAGE means the sum of all building footprints on a lot.
SITE COVERAGE RATIO means the ratio of site coverage to lot area.
SITE PLAN means a graphic representation of a parcel that depicts proposed access, utilities, buildings
and structures in relation to existing conditions. A site plan is drawn to scale and includes dimensions for
boundaries and improvements, as well as an arrow indicating north. Existing conditions typically included
in a site plan include topography, water bodies, high-value environmental features, registered easement
and utility rights-of-way, and existing improvements.
SITE SERVICING PLAN means a plan showing the legal description and dimensions of the site, the utilities,
drainage, existing and proposed grades, the grades of streets and sewer servicing the property, elevations
of top of curb or sidewalk and lot corners approved by a professional engineer designated by the Town.
SITE, BUILDING means the portion of a parcel that is the subject of a development application on which a
building exists or has been proposed.
STOREY means the portion of a building situated between the top of any floor and the top of the floor next
above it, and if there is no floor above it, the portion between the top of such floor and the ceiling above it.
STOP ORDER means an order issued by the Development Authority pursuant to s. 645 of the MGA.
STREET means a registered and named public roadway typically greater than 7.6 m (25 ft) in width,
including the sidewalks and land contiguous to the finished surface of the roadway. A street provides the
primary means of physical access to one or more lots. A lane is not a street for the purposes of this Bylaw.
Land Use Bylaw No. 1284
10
GENERAL DEFINITIONS // SCHEDULE 1
STRUCTURAL ALTERATION means an alteration to an existing building of a non-cosmetic nature, whereby
the majority of the existing structural components are being replaced or repaired.
STRUCTURE means anything (excluding highways, roads, and associated bridges) that is constructed or
placed on, in, over or under land, and that is not used (nor intended) to provide shelter or support to persons,
animals or property. A structure is typically accessory to a principal building or use. Common examples of
accessory structures include freestanding solar panels, signs, flagpoles, air conditioners, barbeques and
ornamental features of residential landscapes.
SUBDIVISION means the division of a parcel by an instrument.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD means the regional quasi-judicial board established
by bylaw to act as the Town's appeal body for subdivision and development where no provincial interest
exists on the land subject to the appeal.
MATTERS RELATED TO SUBDIVISION AND DEVELOPMENT REGULATION means provincial
regulations governing subdivision and development brought into force under s. 694 of the MGA.
SUBDIVISION APPROVAL means the approval of a subdivision application granted by the Subdivision
Authority.
SUBDIVISION AUTHORITY means the body established by bylaw to act as the Town's Subdivision
Authority.
SUBSIDENCE means a localized downward settling or sinking of land.
SUCH AS means including, but not limited to.
SUITABILITY means the fitness of a given parcel for a proposed use.
SWALE means a drainage device with gently sloping sides that safeguards against flooding by conveying
storm water in order to avoid putting undue pressure on a municipality's storm water infrastructure. A swale
may be constructed from concrete or by modifying natural landforms.
TOWN means the Town of Magrath.
UNDULY means to an unwarranted degree.
UNENCLOSED means an outdoor space or structure which is surrounded by not more than two walls, nor
a roof, lattice, or other enclosing device.
USE means the purpose or function to which specified land, buildings or structures are put.
USE, CHANGE OF means the conversion of land, buildings or structures, or portion(s) thereof, from one
use to another in accordance with the permitted or discretionary uses as listed in each land use district.
USE, DISCONTINUED means a use of land, buildings or structures that has been, for all material purposes,
entirely abandoned or indefinitely interrupted.
USE, DISCRETIONARY means the one or more uses of land, buildings or structures provided for in this
Bylaw for which a development permit may be issued upon a development application having been made
and subject to the enabling conditions for each discretionary use being satisfied.
USE, NON-CONFORMING means a lawful specific use:
(a) being made of land, a building or a structure, or intended to be made of a building or structure that
is lawfully under construction at the date this Bylaw or any amendment thereof affecting the land,
building or structure becomes effective; and
Land Use Bylaw No. 1284
SCHEDULE 1 // GENERAL DEFINITIONS 11
(b) that on the date this Bylaw or any amendment thereof becomes effective does not, or in the case
of a building or structure under construction will not, comply with this Bylaw.
USE, PERMITTED means the one or more uses of land, buildings or structures provided for in this Bylaw
for which a development permit shall be issued with or without conditions by the Development Authority
upon a development application having been made to the Development Authority.
USE, PRINCIPAL means the main purpose for which land, a building or a structure is used or intended to
be used.
USE, PROHIBITED means a use of land, buildings or structures that is not listed as permitted or
discretionary, and is not considered similar to another use within the relevant district.
USE, SIMILAR means a use deemed similar in nature as per Administrative Provisions: Section 35 .
USE, SUBORDINATE means a use that is of lesser importance in relation to the principal use of the land,
building or structure.
VARIANCE means a relaxation of a measurable standard of this Bylaw.
VARIANCE, MAJOR means the relaxation of:
(a) more than one measurable standard by any amount;
(b) a single measurable standard by more than 10%;
(c) a maximum site coverage ratio specified in Schedule 4 by any amount; or
(d) a maximum fence height specified in Schedule 5: Section 16 by any amount.
VARIANCE, MINOR means the relaxation of a single measurable standard by up to 10%, excluding those
measurable standards pertaining to maximum site coverage ratios or fence heights.
VERANDA means a large porch that surrounds a house and typically provides access to both the front and
back doors.
WATER TABLE means the upper limit of the portion of the ground that is wholly saturated by water.
WATERCOURSE means a river, creek, canal, or other stream of water flowing in a channel.
YARD means the area on a lot upon or over which no building or structure may be placed, excepting a
boundary fence and those projections permitted in accordance with Schedule 5: Section 25.
YARD, FRONT means the area extending across the entire width of a lot that is located between the front
boundary of the lot and the nearest portion of the principal building, where the front boundary of the lot is
the boundary to which the main entrance to the principal building is oriented.
YARD, REAR means the area extending across the entire width of a lot that is located between the rear
boundary of the lot and the nearest portion of the principal building.
YARD, SECONDARY FRONT means, in respect of a corner lot, a yard that fronts a street but does not
provide the main entrance to the principal building.
YARD, SIDE means a yard perpendicular to the front and rear yards, except in the case of a corner lot
where it may, at the discretion of the Development Authority, parallel the front yard.
Land Use Bylaw No. 1284
12
GENERAL DEFINITIONS // SCHEDULE 1
ILLUSTRATION OF YARDS AND SETBACK AREAS
* The Development Authority shall determine the allocation of side and rear yards for a corner lot
where the main entrance to the principal building is located in a yard that parallels the side yard of an
adjacent lot.
SIDE
CORNER LOT
CORNER LOT
INTERIOR LOT
STREET
STREET
BUILDING
ENTRANCE
BUILDING
ENTRANCE
BUILDING
ENTRANCE
FRONT
FRONT
REAR
* SIDE / REAR
REAR
SECONDARY FRONT
SIDE
* SIDE / REAR
SIDE
SECONDARY
FRONT
FRONT
SCHEDULE 2
USE DEFINITIONS
Land Use Bylaw No. 1284
Land Use Bylaw No. 1284
SCHEDULE 2 // USE DEFINITIONS
1
SCHEDULE 2
USE DEFINITIONS
All uses that appear as either permitted or discretionary in at least one district within the Town are defined
in this Schedule. For informational purposes, definitions are also included for certain uses that appear as
neither permitted nor discretionary in any district. Essential terms such as "dwelling unit" and "garage" that
facilitate the interpretation of various use definitions are also defined.
1. DWELLING UNITS, PRINCIPAL
APARTMENT means a residential building containing three or more dwelling units that does not provide
each unit with direct outdoor access from grade. The prototypical apartment building configuration relies
upon shared entryways to provide access to the units via the interior of the building. Garden-style
apartments do provide direct outdoor access to each unit, but units located above the first storey do not
enjoy access from grade.
DUPLEX means a residential building containing two principal dwelling units connected by a common
floor/ceiling, but not legally subdivided.
DWELLING UNIT means a building or self-contained part of a building providing adequate sleeping,
sanitation and cooking facilities designed to accommodate year-round occupancy by a single household.
MANUFACTURED DWELLING means a prefabricated single-detached dwelling equipped with an
integrated frame, hitch, wheels, chassis or other device allowing for transport of the unit to its ultimate site.
An approved manufactured dwelling must be placed on a surface-mount foundation and certified under
CSA A277 for compliance with the Safety Codes Act. This does not include a park model, recreational
vehicle or any other type of seasonal dwelling unit.
MANUFACTURED HOME PARK means a single site or title of land maintained and operated for the long-
term parking and occupancy of manufactured dwellings on designated sites together with ancillary facilities
including recreation areas.
MOVED-IN DWELLING means a previously occupied, conventionally constructed building containing up to
two dwelling units (unless otherwise specified in a particular land use district - eg. must be 2-unit in R4),
which is physically removed from one site, transported and re-established on another site for residential
use.
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USE DEFINITIONS // SCHEDULE 2
RESIDENTIAL CARE FACILITY means the use of a building, or portion of a building, as a facility for which
social, physical or mental care is provided to five or more persons who live full time in the facility and has
at least one staff person at the facility at all times. The residential character of the development shall be
primary with the occupants living together as a single housekeeping group and using cooking facilities
shared in common. This does not include "boarding house," "seniors supportive housing facility" or
"special care facility."
SEMI-DETACHED DWELLING means a residential building containing two principal dwelling units
separated one from another by a common party wall extending from foundation to roof, with each dwelling
unit having a separate, direct entrance from grade.
SENIORS SUPPORTIVE HOUSING FACILITY means a residential multi-unit building or group of buildings
that emphasizes barrier-free design and integrates some combination of supportive services, personalized
assistance and health care services that is responsive to the unique needs of senior residents and facilitates
the ability to age in place. The facility shall be predominantly residential in character and may include
centralized areas for dining and social activities, along with separate living quarters for staff. A spectrum of
different levels of on-site care may be accommodated in a seniors supportive housing facility, ranging from
the comparatively minimal care required in scenarios where residents are able to retain substantial
functional independence over daily activities, to the continuing care required in nursing homes and lodge
accommodation as defined under the Alberta Housing Act.
SINGLE-DETACHED DWELLING means a site-built or prefabricated residential building containing one
principal dwelling unit that is surrounded by open space on a single lot. Prefabricated single-detached
dwellings, including single-detached varieties of modular dwellings, panelized dwellings and ready-to-move
dwellings, must comply with the standards prescribed in Schedule 5 "Manufactured dwelling" is a separate
use and is not allowed under this definition.
SINGLE-DETACHED DWELLING (EXISTING) means a single-detached dwelling located within a non-
residential district that was lawfully constructed prior to the adoption of this Bylaw and that has been used
for residential occupancy on a single lot since this Bylaw has come into force.
TOWNHOUSE means a residential building containing three or more dwelling units placed (in whole or in
part) side-by-side and separated from one another by common party walls extending from foundation to
roof, where each unit is provided with direct outdoor access from grade.
Land Use Bylaw No. 1284
SCHEDULE 2 // USE DEFINITIONS
3
2. DWELLING UNITS, ACCESSORY
ACCESSORY DWELLING UNIT means a dwelling unit that is secondary to a single-detached dwelling
located on the same lot. For the purposes of this Bylaw, accessory dwelling units are represented by two
separate uses: backyard suites and secondary suites.
BACKYARD SUITE means an accessory dwelling unit that is physically detached from a single-detached
dwelling on a residential lot. A backyard suite may be located above a garage, attached to a garage at-
grade, or detached from any other building, and is allowable in the form of a site-built or new prefabricated
dwelling, but not as a moved-in-dwelling.
SECONDARY SUITE means an accessory dwelling unit that is enclosed within, but physically separate
from, a single-detached dwelling. A secondary suite shall have an entrance separate from the entrance to
the principal dwelling unit, either from a common indoor landing or directly from the side or rear of the
building.
SECONDARY SUITE OPTIONS
BACKYARD SUITE OPTIONS
3. OTHER USES
ABATTOIR means premises where livestock is slaughtered and the meat is cut, cured, smoked, aged,
wrapped, or frozen for sale or distribution.
ACCESSORY DEVELOPMENT means any building or structure not containing a dwelling unit that is
subordinate to a principal use located on the same lot. While an accessory use may be approved within a
principal building, a building or structure only qualifies as accessory development if it is physically detached
from the principal building. In no case shall accessory development be approved on a lot until such time
that a principal use has been approved.
ACCESSORY DEVELOPMENT TO AN APPROVED DISCRETIONARY USE means accessory development
where the existing principal use on the lot was approved as a discretionary use pursuant to this Bylaw.
Land Use Bylaw No. 1284
4
USE DEFINITIONS // SCHEDULE 2
ACCESSORY DEVELOPMENT TO AN APPROVED PERMITTED USE means accessory development
where the existing principal use on the lot was approved as a permitted use pursuant to this Bylaw.
AMUSEMENT FACILITY means development for entertainment pastimes that may incorporate eating
facilities as an accessory use. This use includes amusement arcades, billiard parlours, bingo halls, bowling
alleys and dance, or martial arts facilities.
ANHYDROUS AMMONIA STORAGE means a facility used for the purpose of storing anhydrous ammonia.
AUTO BODY REPAIR AND PAINT SHOP means a premise where the bodies, but not other parts of motor
vehicles, are repaired, and where motor vehicle bodies and other metal machines, components or articles
may be painted. This use includes "auto detailing."
AUTOMOTIVE REPAIR AND SERVICE means development used for the servicing and mechanical repair
of automobiles, motorcycles, snowmobiles and similar vehicles or the sale, installation or servicing of related
accessories and parts. This use includes, among other uses, transmission shops, muffler shops, tire shops,
automotive glass shops, and upholstery shops.
AUTOMOTIVE SALES means development used for the retail sale, lease, and rental of new or used
automobiles and/or recreation vehicles together with incidental repair and maintenance services and sales
of parts.
BED AND BREAKFAST means an accessory use carried on within an owner-occupied dwelling unit where
temporary accommodation is provided for remuneration, and where meals for guests shall be prepared in
the common kitchen of the principal dwelling unit.
BOARDING HOUSE means a dwelling unit in which persons rent room(s) for one or more nights. The
common parts of the dwelling unit, such as bathroom(s), kitchen, and living areas are maintained by the
private owner. Meals, laundry and/or cleaning may be provided as part of the occupancy agreement. This
does not include "hotel," "motel," "special care facility" or "seniors supportive housing facility."
BUILDING SUPPLIES STORE means a commercial retail store where lumber, building materials, hardware,
household accessories and other related goods are stored and/or offered for sale and may include outside
storage.
BULK FUEL STORAGE AND SALES means development for the purpose of storing natural gas and
petroleum products for distribution to customers.
BUSINESS SUPPORT SERVICES means an establishment primarily engaged in providing services for
other business establishments such as advertising, copying, equipment, financial services, employment
services, and other similar services.
CAMPGROUND means development of land for the use of holiday trailers, motor homes, tents and similar
recreational vehicles, and is not normally used to accommodate year-round residential use or storage.
CANNABIS PRODUCTION FACILITY means a building where federally approved cannabis plants, for
either medical or recreational use, are grown, processed, packaged, tested, destroyed, stored or loaded for
shipping, and that meets all applicable federal and provincial requirements.
CANNABIS RETAIL SALES means a retail store licensed by the Province of Alberta where cannabis and
cannabis accessories are sold to individuals who attend at the premises and for which any product sales
are expressly authorized by the Alberta Gaming, Liquor and Cannabis Commission (AGLC). This use shall
be a standalone use only and shall be restricted to the Direct Control district.
CAR WASH means the use of a building or area providing for the cleaning of motor vehicles but does not
include "service station."
Land Use Bylaw No. 1284
SCHEDULE 2 // USE DEFINITIONS
5
CEMETERY AND INTERMENT SERVICES means a development for the entombment of the deceased and
may include such facilities as crematories, cinerarium, columbarium, mausoleums, memorial parks, burial
grounds, cemeteries and gardens of remembrance.
CHILD CARE FACILITY means the use of a building or portion of a building for the provision of care,
instruction, maintenance, or supervision of seven or more children under the age of 13 years, not including
children under the age of 13 years who permanently reside in the home, for periods not exceeding
24 consecutive hours. This definition does not include the use as a "day home."
COMMUNITY GARDEN means a private or public facility for the cultivation of fruits, flowers, vegetables or
ornamental plants by more than one person or family.
CONCRETE BATCH PLANT means a manufacturing plant where concrete is mixed before being
transported to a construction site ready to be poured.
CONTRACTOR, BUILDING AND TRADE means a facility for the provision of electrical, plumbing, heating,
painting and similar contractor services primarily to individual households and the accessory sale of goods
normally associated with such contractor services where all materials are kept within an enclosed building,
and where there are no associated manufacturing activities.
CONTRACTOR, HEAVY DUTY EQUIPMENT means a contractor or builder engaged in heavy-duty
construction activities such as paving, highway construction, and utility construction.
CONVENIENCE STORE means a retail outlet selling goods and foodstuffs to area residents on a day-to-
day basis from business premises.
CULTIVATION OF LAND means the preparation and working of the land required to grow crops for
agricultural production.
CULTURAL FACILITY means a community hall or related development for the assembly of members of
non-profit clubs or organizations, including charitable, social service, ethnic, athletic, business, religious or
fraternal organizations. This use may include eating, entertainment, sports, recreation, amusement and
interpretive facilities as part of the use.
DAY HOME means a private dwelling unit where temporary care, development and supervision for periods
not exceeding 24 consecutive hours is provided to a maximum of six children under the age of 13 years,
not including children under the age of 13 years who permanently reside in the home.
DECK means a wooden horizontal platform that has a height of more than 0.6 m (2 ft) above grade,
measured from finished grade to the underside of the supporting joist. A deck may be covered or
uncovered. Where a deck is attached to a principal building, it is deemed to form part of that principal
building for the purposes of applying minimum setbacks and calculating site coverage ratios. Where a deck
is detached from a principal building, it falls under "accessory development" for the purpose of allocating
use.
DECK, UNCOVERED means any deck having no structural shelter, supportive walls or roofing of any
material or design.
DRIVE-THRU RESTAURANT means an establishment where food is prepared and served on the premise
for sale to the public. This use also encompasses restaurants offering pick-up service.
EDUCATIONAL INSTITUTION means a public or private place of instruction offering continuing education
or specialized courses of study.
EQUIPMENT SALES AND SERVICE means the retail sale, wholesale distribution, rental and/or service of:
hand tools, small construction, farming, gardening and automotive equipment, small machinery parts and
office equipment.
Land Use Bylaw No. 1284
6
USE DEFINITIONS // SCHEDULE 2
EXTENSIVE AGRICULTURE means the production of crops or livestock or both by expansive cultivation
or open grazing only. Barns, quonsets and other similar buildings associated with extensive agriculture
qualify as accessory development. This use does not include agricultural-related industrial buildings or
uses such as packaging plants, processing plants, agricultural support services or any other similar uses or
buildings.
FACILITY, LICENSED means a facility (i.e. clubhouse, leisure facility, adults residence, fraternal
organization) within the I/R district which includes liquor service allowable under a Class B or Class C liquor
license issued by the AGLC but not including liquor off-sales or liquor delivery services. See Schedule 5:
Section 36.
FARMER'S MARKET means development where fresh food or processed farm or garden produce and
wares are sold in retail or wholesale settings and where goods are typically displayed in bulk bins or stalls
for customer selection. This use may also include the sale of crafts and other similar products, as well as
entertainment ancillary to the principal use.
FARM/INDUSTRIAL MACHINERY SALES AND SERVICE means the sale, service and/or rental of
agricultural implements, vehicles over 5,900 kg (13,000 lbs.) and heavy machinery used in the operation,
construction or maintenance of buildings, roadways, pipelines, oil fields, mining or forestry operations, and
in freight hauling operations. Cleaning, repairing and sale of parts and accessories may be allowed as part
of the principal use or as accessory uses.
FEED MILL/GRAIN ELEVATOR means one or more buildings in which animal feeds and grain are stored
during shipment to or from farms and in which animal feeds may be prepared.
FERTILIZER STORAGE AND SALES means development used to store bulk fertilizer for distribution. This
use class does not include the sale of bagged fertilizer in a retail shop.
FINANCIAL INSTITUTION means development primarily for providing the service of banking or lending
money, such as a bank, savings and loan institution, or credit union.
FOOD PROCESSING FACILITY means development that consists of the processing of raw materials into
a semi-finished or finished food and/or beverage product that may be stored on site prior to the distribution
of the product. Any indoor display, office or administrative support area shall be deemed an accessory use.
FOOD STORE means bakery, deli or grocery stores. Supermarket is separate and falls under "retail, large-
scale."
FUNERAL HOME means development used for the arrangement of funerals, the preparation of the
deceased for burial or cremation, the holding of funeral services and the carrying out of cremations, where
not more than one cremation chamber is provided.
GARAGE means a building or part of a building used primarily for the storage of motor vehicles, and
includes carports and other enclosed parking buildings. Within the context of residential land use, a garage
may be either attached to a principal dwelling unit or detached and located in the rear yard on the same lot.
Garages attached to a principal dwelling unit are deemed to form part of the dwelling unit for the purposes
of calculating yard setbacks and site coverage ratios. Where detached from the principal dwelling unit,
garages are deemed to be a separate land use falling under "accessory development."
GARDEN CENTRE means development for the sale, display, growing and storage of garden, household
and ornamental plants and trees. The use may include the supplementary retail sale of fertilizers, garden
chemicals, implements, and associated products. "Horticultural operation" is a separate, more intensive
use.
GARDEN SHED See "accessory development."
Land Use Bylaw No. 1284
SCHEDULE 2 // USE DEFINITIONS
7
GOLF COURSE means an outdoor establishment of varying size where the land is developed primarily to
accommodate the game of golf, and usually includes an accompanying clubhouse facility. Accessory uses
include, but are not limited to, a pro shop, driving range and/or practise facility, lounge serving food and
beverages, and related commercial uses typically associated with a golf course clubhouse facility.
GOVERNMENT SERVICES means development providing municipal, provincial, or federal government
services directly to the public or the community at large, and includes development required for the public
protection of persons or property.
GREENHOUSE, COMMERCIAL see "horticultural operation."
GREENHOUSE, NON-COMMERCIAL means an accessory building to a residential dwelling unit specially
designed and used for the growing of vegetables, flowers, or other plants for personal use and not for sale
to the public.
HEALTH CARE FACILITY means a facility providing room, board, and surgical or other medical treatment
for the sick, injured or infirm including outpatient services and accessory staff residences. Typical uses
include hospitals, sanatoria, nursing homes, convalescent homes, isolation facilities, psychiatric hospitals,
auxiliary hospitals, and detoxification centres.
HEALTH SERVICES, MEDICAL CLINIC means a facility primarily offering outpatient services where
patients receive medical care and services without requiring overnight stays.
HOME OCCUPATION means the ancillary use of a dwelling unit (and/or its accessory buildings or lands)
by any trade, profession, event-based activities or craft for, or in the pursuit of, gainful employment and/or
hobby involving the manufacture, processing, provision or sale of goods and/or services. Refer to Schedule
5: Section 17.
HORTICULTURAL OPERATION means the commercial production, display and/or sales, on-site or off-site,
of vegetables, flowers or specialty crops grown by high-yield and high-density techniques. Greenhouses,
nurseries, hydroponic operations, market gardens and tree farms are included within this definition, but
"cannabis production facility" and "garden centre" are separate uses.
HOTEL means a building used primarily for sleeping accommodation and ancillary services provided in
rooms or suites, which may contain kitchen facilities. The building may also contain accessory uses,
including, but not limited to, parking facilities, dining areas, convention facilities and the provision of room
service.
INDOOR RECREATION FACILITY means sports or recreational or retreat activities, uses or facilities,
including associated eating and retail areas, for public or private use. Such uses include, but are not limited
to fitness centres, gymnasiums, athletic/sports turf fields, golf driving ranges, outdoor mini-golf, paintball,
ice rinks, and country clubs.
INSTITUTIONAL FACILITY means a building used by an organization or society for public or social
purposes.
KENNEL means the use of a building or portion of a building for the boarding of small animals for periods
greater than 24 hours for a fee and does not include "veterinary clinic" or "pet care services," and that may
provide for the incidental sale of products relating to the services provided by the use and may include
outside enclosures, pens, runs, or exercise areas. All animal facilities are subject to the Town's Dog Control
Bylaw.
LIGHT FABRICATION SHOP means the assembly of metal parts, including blacksmith and welding shop,
sheet metal shop, machine shop, and boiler shop, that produce metal duct work, tanks, towers, cabinets
and enclosures, metal doors and gates, and similar products.
Land Use Bylaw No. 1284
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USE DEFINITIONS // SCHEDULE 2
LIQUOR STORE means a retail establishment licensed pursuant to provincial legislation for the sale of any
or all of beer, wine, spirits or other alcoholic beverages for consumption off-premises.
LIVESTOCK CONFINEMENT OPERATION OR FACILITY means any land enclosed by buildings, shelters,
fences, corrals or other buildings which may, in the opinion of the Development Authority, be capable of
confining, rearing, feeding, dairying or auctioning livestock.
LIVESTOCK SALES YARD means a commercial establishment wherein livestock is collected for sale or
auctioning.
MANUFACTURING, HEAVY means development for the manufacturing, fabricating, processing,
production, assembly or packing of goods, products, materials or equipment, which may, in the opinion of
the Development Authority:
(a) result in a significant impact on adjacent land uses due to appearance, noise, odour, emission of
wastes, other nuisance or potential health or safety hazards; or
(b) require extensive space for storage.
MANUFACTURING, LIGHT means development used for manufacturing, fabricating, processing,
assembly, production or packaging of goods or products, as well as administrative offices and warehousing
and wholesale distribution uses which are accessory uses to the above, provided that the use does not
generate any detrimental impact, potential health or safety hazard or any nuisance beyond the boundaries
of the developed portion of the parcel upon which it is situated.
MINI STORAGE FACILITY means commercial development providing compartmentalized buildings that
are leased to customers for the storage of household and other personal items. "Shipping container" is a
separate use.
MOTEL means the use of a building or group of buildings on a site designed to provide separate
accommodation units provided for a fee on a daily basis, usually accessible other than through a central
lobby, with on-site parking; the building or group of buildings may also contain accessory uses such as, but
not limited to parking facilities, dining room, room service or public convention facilities.
NATURAL RESOURCE EXTRACTION means those uses of land, buildings or structures which are
governed by the location of a natural resource and which involve the extraction or on-site processing and/or
storage of a natural resource, except those industries which are considered noxious or hazardous
industries. Notwithstanding other uses not listed, natural resource extraction uses include: sand, gravel and
quarry operations; and logging and forestry operations, including sawmills.
OFFICE means development primarily for the provision of professional, management, administrative,
consulting, or financial services in an office setting. Typical uses include, but are not limited to, the offices
of lawyers, accountants, travel agents, real estate and insurance firms, planners, clerical and secretarial
agencies. This excludes government services, the servicing and repair of goods, and the manufacturing or
handling of a product.
OUTDOOR RECREATION AND SPORTS FIELDS means development providing amenities that are
available to the public at large for sports and active recreation conducted outdoors. Typical facilities would
include driving ranges, sports fields, tennis courts, unenclosed ice surfaces or rinks, athletic fields, outdoor
swimming pools, bowling greens, riding stables and trails/pathways.
OUTDOOR RECREATION FACILITY means improvements to support activities operated out of doors and
includes, but is not limited to, a ski resort, riding stable, water slide, ice skating, marina, or equestrian centre.
This use is meant to capture those facilities that consist of more substantial improvements, and/or facilities
that are often designed more for organized recreation (as opposed to more casual or passive recreation)
than "outdoor recreation and sports fields."
Land Use Bylaw No. 1284
SCHEDULE 2 // USE DEFINITIONS
9
OUTDOOR STORAGE means development on land, with or without buildings, for the open storage of
recreational vehicles, vehicles, boats, machinery, building materials and related items.
PARKING FACILITY means land or a building not located in the public roadway, which is intended to be
used exclusively to provide parking for vehicles as a principal use and which may include buildings or
structures necessary for the operation of the parking lot or building.
PATIO means a horizontal platform that has a height of less than 0.6 m (2 ft) above grade, measured from
finished grade to the underside of the supporting joist. A patio may be covered or uncovered. Unlike a deck,
it is often constructed from fire-resistant hardscape materials and thus facilitates the integration of such
features as built-in fire pits and outdoor kitchens. Where a patio is attached to a principal building, it is
deemed to form part of that principal building for the purposes of applying minimum setbacks and
calculating site coverage ratios. Where a patio is detached from a principal building, it falls under "accessory
development" for the purpose of allocating use.
PERGOLA means a freestanding sculptural element of a residential landscape consisting of an open roof
of latticework supported on posts or columns. A pergola is often used to provide cover to a deck or patio,
but may also be placed on grass or soil. A pergola falls under "accessory development" for the purpose of
allocating use.
PERSONAL SERVICES means uses that provide personal services to an individual that are related to the
care and appearance of the body or the cleaning and repair of personal effects. Typical uses include, but
are not limited to, barber shops, beauty salons, hairdressers, manicurists, aestheticians, fitness facility,
tailors, dress makers, shoe repair shops, laundromats and dry-cleaning establishments, but does not include
health services.
PET CARE SERVICES means the use of a building or portion of a building to wash, groom, or board small
animals during the day and that may include the incidental sale of products. This use does not include
"kennel" or "veterinary clinic," as the overnight stay of pets is prohibited. All animal facilities are subject to
the Town's Dog Control Bylaw.
PUBLIC PARK OR PLAYGROUND means land developed for public recreational activities that do not
require major buildings or facilities, and includes picnic areas, playgrounds, pedestrian and trails/pathways,
landscaped areas and associated public washrooms. This may include public open space, which is not in
private ownership and is open to use by the public.
RECREATION CAMP means a group camp for recreational, educational and related purposes that contains
accommodation facilities as well as joint use facilities such as dormitories and kitchens.
RECYCLING FACILITY means development used for the buying, collection, sorting, and temporary storage
of bottles, cans, newspapers, and similar household goods for reuse where all storage is contained within
an enclosed building with limited outdoor storage.
RELIGIOUS ASSEMBLY means a use or facility for religious meetings, worship and related religious
activities and includes accessory rectories, manses, meeting rooms and classrooms. Common religious
assembly facilities include churches, chapels, temples, mosques, synagogues, parish halls and convents.
RENEWABLE ENERGY, COMMERCIAL/INDUSTRIAL means a use that produces energy (and in some
cases other marketable by-products depending on the process utilized) fuelled in ways that do not deplete
natural resources or harm the environment. Energy may be derived from natural and/or non-traditional
sources (e.g. geothermal, solar, water, wind, waste, etc.) and once produced is sold and distributed off-site
(commercially) to the marketplace. See Schedule 8.
RESIDENTIAL ACCOMMODATION IN CONJUNCTION WITH A COMMERCIAL OR INDUSTRIAL USE
means a residential unit that is part of a commercial or industrial building so that the dwelling unit is a
supplementary use to that principal use. Typical uses include residential units on the second storey.
Land Use Bylaw No. 1284
10
USE DEFINITIONS // SCHEDULE 2
RESTAURANT means an establishment where food is prepared and may be served on the premises for
sale to the public, but does not include liquor service, liquor off-sales or liquor delivery sales. This use
encompasses delicatessens, cafeterias, and tea rooms; it may integrate outdoor seating areas as well as
entertainment which is ancillary to the preparation and service of food. "Drive-thru restaurant" is a separate
use.
RESTAURANT, LICENSED means an establishment where food is prepared and served on the premises
for sale to the public, and may include entertainment which is ancillary to the preparation and service of
food, and includes liquor service allowable under a "Class A - Minors Allowed" liquor license issued by the
AGLC but not including liquor off-sales or liquor delivery services. A "restaurant, licensed" may be located
within or connected to another use. See Schedule 5: Section 36.
RETAIL, LARGE-SCALE means standalone retail stores that exceed 2,000 m² (21,529 ft²) in size and may
include retail outlets operated as part of a chain that locate on individual sites or that cluster on a large site,
sometimes adjacent to each other. This use may include supermarkets, department stores, and specialty
stores selling a single line of products such as: business and office supply stores, electronics, appliances,
furniture, fashion and clothing, craft and hobby stores, book stores, sporting goods, home improvement,
hardware stores, gardening materials or building supplies. This use does not include automotive related
uses, "liquor store" or "farm/industrial sales and service."
RETAIL, SMALL-SCALE means premises where goods, merchandise, substances, articles, and other
materials, are offered for sale at retail to the general public and includes limited on-site storage or limited
seasonal outdoor sales to support that store's operations. Typical uses include but are not limited to
hardware, pharmaceutical, appliance, clothing, and sporting goods stores. These uses exclude liquor
stores, retail large-scale uses, warehouse retail and the sale of gasoline, heavy agricultural and industrial
equipment, or retail stores requiring significant outdoor storage. Minor government services, such as postal
services, are permitted within retail stores.
SALVAGE YARD means land, buildings or structures where motor vehicles and parts, used building
products or other scrap material are disassembled, repaired, stored or resold.
SAND BLASTING FACILITY means the use of land and/or a building(s) where the primary source of activity
involves the large-scale sandblasting of agricultural, industrial or oilfield equipment. Sandblasting facilities
may also include welding and painting facilities on-site.
SEED CLEANERS AND STORAGE means a building or facility used for the storage and preparation of
seeds used in agriculture.
SERVICE STATION means a building or portion thereof which is used for the servicing and minor repairing
of motor vehicles and a portion for the sale of gasoline, lubricating oils and minor accessories for motor
vehicles. This use includes gas bars but not the storage and sales of bulk fuel. "Travel plaza" is a separate
use.
SHIPPING CONTAINER means a building normally used to transport goods by land or sea and loaded on
and off sea vessels, but for the purposes of this Bylaw serves as a storage unit on dry land.
SHOPPING CENTRE means a unified group of buildings with more than one commercial use being primarily
retail and personal services and on a comprehensively planned site, developed and managed as a single
commercial operating unit with shared on-site parking where the intended uses comply with the subject
district.
SHORT-TERM RENTAL means a dwelling unit operated as an accommodation unit, where the maximum
number of consecutive days a specific guest(s) may occupy a unit is 28.
SIGN means a lettered board or other public display intended to advertise or call attention to any person,
business, matter, message, object or event. Sign types and accompanying standards are prescribed in
Schedule 9.
Land Use Bylaw No. 1284
SCHEDULE 2 // USE DEFINITIONS
11
SMALL WIND ENERGY SYSTEM means a wind energy conversion system consisting of a wind turbine
(rotor and blades), a tower supporting the rotor, and associated control or conversion electronics, which
will be used primarily to reduce onsite consumption of utility power and is CSA approved. As depicted in
the accompanying figure, total height of a small wind energy system refers to the height from grade to the
highest vertical extension of the system, whereas blade clearance denotes the distance from grade to the
bottom of the rotor's arc, the largest circumferential path travelled by a blade. See Schedule 5: Section 33
for definitions of Type A and Type B small wind energy systems and their accompanying procedural
requirements and development standards.
SOLAR COLLECTOR, ATTACHED means a structure or combination of structures mounted to a wall or
roof of a building that transforms direct solar energy into thermal, chemical, or electrical energy. An attached
solar collector is permitted as an accessory use within all districts.
SOLAR COLLECTOR, FREESTANDING means a structure or combination of structures not mounted to a
wall or roof of a building that transforms direct solar energy into thermal, chemical, or electrical energy, and
is not attached to a wall or roof of a building. A freestanding solar collector is deemed to be an accessory
structure and applications shall be referred to the Municipal Planning Commission in all districts.
SPECIAL CARE FACILITY means the use of a building or portion thereof which provides for the care or
rehabilitation of one or more individuals, with or without the provision of overnight accommodation. This
use does not include "boarding house," "hotel," "motel" or "seniors supportive housing facility."
TELEVISION OR RADIO ANTENNA TOWER means a structure and any associated system, including all
masts, towers and other antenna supporting structures that is used for the transmission, emission or
reception of television, radio or telecommunications.
THEATRE means a commercial facility with fixed seating designed to show movies, plays, musicals or other
similar entertainment, but does not include adult entertainment.
TOURIST HOME means a dwelling unit that is advertised and leased for short-term rental, regardless of
whether the owner of the unit resides on the premises and personally manages the property. The physical
design of a tourist home shall conform to the existing residential context and its operation shall not generate
material noise or traffic impacts, nor otherwise unduly interfere with the use and enjoyment of neighbouring
parcels. The operator of a tourist home shall maintain the unit in compliance with the most current version
of the Minimum Housing and Health Standards prescribed in the Housing Regulation under the Public
Health Act.
TRAVEL PLAZA means a large-scale mixed-use development providing fuel-dispensing facilities and
electric vehicle charging stations to a diverse mix of vehicle types along with an assortment of additional
vehicle-related services and amenities tailored to motorists. Travel plazas typically include an
accompanying restaurant or cafe along with a convenience store. Car washes, sani-dumps, vehicle towing,
and car rentals are common accessory services, while amenities include retail sales, personal services, and
visitor information and trip planning services. Related uses that are incidental to the operation of the travel
plaza may also be included.
Land Use Bylaw No. 1284
12
USE DEFINITIONS // SCHEDULE 2
TRUCK TRANSPORTATION DEPOT means a facility for the purpose of storing and dispatching trucks and
tractor-trailers for transporting goods.
UTILITY means any one or more of the following supporting an approved development or subdivision:
(a) systems for the distribution of gas, whether artificial or natural;
(b) facilities for the storage, transmission, treatment or supply of water;
(c) facilities for the collection, treatment, movement or disposal of sanitary sewage;
(d) storm sewage drainage facilities;
(e) telecommunications systems;
(f) systems for the distribution of artificial light or electric power;
(g) facilities used for the storage of telephone, cable, remote weather stations or internet infrastructure;
(h) any other things prescribed by the Lieutenant Governor in Council by regulation.
VETERINARY CLINIC, LARGE ANIMAL means a veterinary clinic that does not meet the definition of
"veterinary clinic, small animal."
VETERINARY CLINIC, SMALL ANIMAL means a facility for the medical care and treatment of small animals
and household pets only and includes provision for their overnight accommodation within the building only,
and may include associated office space. All animal facilities are subject to the Town's Dog Control Bylaw.
VISITOR INFORMATION CENTRE means the use of land, buildings and/or structures to provide
information to the travelling public, and may include ancillary facilities such as washrooms and picnic areas.
WAREHOUSE, RETAIL means development for the retail sale of goods which are warehoused in bulk on
the premises, displayed or catalogued for customer selection, and where the warehouse component
occupies at least 50% of the gross floor area. This term refers to uses such as furniture, carpet, appliance,
fabric and apparel warehouses and clearance centres.
WAREHOUSE, WHOLESALE means development for the storage and/or wholesale distribution of goods.
"Building supplies store" is a separate use.
WASTE TRANSFER STATION means a storage or collection facility that is operated as a relay point for
municipal solid waste that ultimately is to be transferred to a landfill.
SCHEDULE 3
DEVELOPMENT NOT REQUIRING A
DEVELOPMENT PERMIT
Land Use Bylaw No. 1284
Land Use Bylaw No. 1284
SCHEDULE 3 // DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
1
SCHEDULE 3
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
A development permit exemption does not negate the requirement to obtain any permits required under
the Safety Codes Act, nor from any other provincial or federal statute. Similarly, nothing in this section
exempts commercial uses in the Town from needing to obtain a business license. If there is a question as
to whether a development permit is required for a particular use, the matter shall be referred to the
Municipal Planning Commission to make a decision.
(1) The following developments shall not require a development permit:
(a) any use or development exempted under s. 618(1) of the MGA;
(b) any use or development exempted by the Lieutenant Governor in Council pursuant to s. 618(4)
of the MGA;
(c) telecommunication antenna systems that are regulated by Industry Canada subject to Schedule 5:
Section 35;
(d) the completion of a building which was lawfully under construction at the date this Bylaw came
into effect provided that the building is completed in accordance with the terms and conditions of
any development permit granted;
(e) the completion of a building that did not require a development permit under the previous land
use bylaw and which was lawfully under construction provided the building is completed within
18 months from the date this Bylaw came into effect.
(2) The following developments shall not require a development permit, provided they comply with all other
relevant provisions of this Bylaw:
(a) the demolition of a building;
(b) excavation, grading or stripping provided it is part of development for which a development permit
has been issued or is addressed in a signed development agreement with the Town;
(c) stockpiling on the same parcel that is undergoing excavation, grading or stripping;
(d) lot grading where the prevailing drainage patterns are not altered, and adjacent landowners are
not negatively affected;
(e) the installation of new utilities for distribution purposes to service an approved development;
(f)
in all districts, the temporary placement of one shipping container in connection with construction
where a development permit has been issued, or a project for which a development permit is not
required (i.e. moving/logistics), for the period of the project subject to the following, and provided
that in no case shall the temporary placement of a shipping container under this provision exceed
6 months:
(i)
construction or moving site is active (i.e. has commenced and is on-going or is about to
commence within 1 week); placement of a shipping container on an inactive construction
site is prohibited, and in no case shall a temporary shipping container remain on an inactive
construction site for more than 14 consecutive days, nor for more than two separate periods
in any given calendar year except where there is at least 30 days between the last period;
(ii)
minimum yard setbacks shall be 0.9 m (3 ft); and
(iii)
shipping container must be removed immediately upon completion of construction;
Land Use Bylaw No. 1284
2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT // SCHEDULE 3
(g) the temporary placement or construction of works, plants or machinery needed in connection
with construction where a development permit has been issued;
(h) a change to the exterior cladding (finish) of a building;
(i)
the maintenance or repair of any building provided that the work does not include structural
alterations (major) or additions;
(j)
up to three accessory buildings located in a rear yard or side yard, provided that none of these
buildings exceed 10.0 m2 (107 ft²) in gross area;
(k) outdoor hot tubs smaller than 10.0 m2 (107 ft²) and temporary outdoor swimming pools;
(l)
any satellite dish less than 1.0 m (3.3 ft) in diameter;
(m) lawn ornaments, dog houses, barbeques, and other minor structures ancillary to residential use
not exceeding a height of 2.0 m (6 ft);
(n) play structures not exceeding a height of 4.9 m (16 ft);
(o) the construction of uncovered patios less than 0.6 m (2 ft) above grade;
(p) a privacy wall no greater than 2.0 m (6.5 ft) above the grade of a balcony, deck or patio;
(q) the placement, maintenance or alteration of a fence, wall, hedge or other enclosure not exceeding
a height of 1.2 m (4 ft) in the front yard nor 2.0 m (6 ft) in the side/rear yards;
(r)
any signs stated in Schedule 9: Sign Regulations, Section 3;
(s) landscaping that was not required as part of the original development permit, provided that the
existing grade and natural drainage patterns are not altered;
(t)
interior renovations to a building which do not:
(i)
create another dwelling unit,
(ii)
increase parking requirements,
(iii)
result in the change of use of a building, or
(iv)
increase the square footage;
(u) a day home as defined in Schedule 2;
(v) seasonal sales, activities or special events of a non-permanent nature where operations are
limited to 30 consecutive days or less;
(w) temporary buildings and structures associated with an event or festival sanctioned by the Town;
(x) the maintenance or repair of public works, services and utilities on publicly owned or administered
land carried out by, or on behalf of, federal, provincial, municipal or public authorities or private
utilities under special agreement with the Town;
(y) projects carried out by, or on behalf of, the Town respecting the construction and maintenance of
roads, trails/pathways, utility lines, water/wastewater treatment plants, parks, playground
equipment, and general landscaping.
SCHEDULE 4
LAND USE DISTRICTS, MAP &
DISTRICT REGULATIONS
Land Use Bylaw No. 1284
Land Use Bylaw No. 1284
SCHEDULE 4 // LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS
1
SCHEDULE 4
LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS
1.
The Town is divided into those districts shown on the land use districts map affixed to this Schedule.
2.
Each district shown on the map referred to above shall be known by the following identifying symbols:
RESIDENTIAL (R1)
SMALL LOT RESIDENTIAL (SR)
MANUFACTURED RESIDENTIAL (R2)
LARGE LOT RESIDENTIAL (R3)
MEDIUM DENSITY RESIDENTIAL (R4)
CENTRAL COMMERCIAL (C1)
HIGHWAY COMMERCIAL (C2)
LIGHT INDUSTRIAL (LI)
INSTITUTIONAL / RECREATIONAL (I/R)
URBAN TRANSITIONAL (UT)
FLOOD HAZARD AREA OVERLAY
DIRECT CONTROL (DC)
Land Use Bylaw No. 1284
SCHEDULE 4 // LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS
3
Legend
P = permitted
DDO = discretionary (DO)
DMPC = discretionary (MPC)
blank = prohibited
USES
DISTRICTS
R1
SR
R2
R3
R4
C1
C2
LI
I/R
UT
abattoir
accessory development to an
approved discretionary use
DDO
DDO
DDO
DDO
DDO
DMPC
DMPC
DMPC
DMPC
DMPC
accessory development to an
approved permitted use
P
P
P
P
P
P
P
P
P
P
amusement facility
DMPC
DMPC
anhydrous ammonia storage
apartment,
≤6 dwelling units
P
apartment,
>6 dwelling units
DMPC
auto body repair and paint
shop
DMPC
DMPC
P
automotive repair and service
DMPC
DMPC
P
automotive sales
DMPC
P
P
backyard suite
DMPC
DMPC
bed and breakfast
DMPC
DMPC
DMPC
DMPC
boarding house
DMPC
DMPC
DMPC
building supplies store
DMPC
P
P
bulk fuel storage and sales
DMPC
business support services
P
P
P
campground
DMPC
cannabis production facility
DMPC
cannabis retail sales
car wash
DMPC
P
P
cemetery and interment
services
P
Land Use Bylaw No. 1284
4
LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS // SCHEDULE 4
Legend
P = permitted
DDO = discretionary (DO)
DMPC = discretionary (MPC)
blank = prohibited
USES
DISTRICTS
R1
SR
R2
R3
R4
C1
C2
LI
I/R
UT
child care facility
DMPC
DMPC
DMPC
DMPC
DMPC
community garden
DMPC
DMPC
DMPC
DMPC
DMPC
P
P
concrete batch plant
DMPC
contractor,
building and trade
DMPC
DMPC
P
contractor,
heavy duty equipment
DMPC
convenience store
P
P
cultivation of land
P
cultural facility
DMPC
P
day home
P
P
P
P
DMPC
P
drive-thru restaurant
DMPC
P
duplex
DMPC
DMPC
DMPC
DMPC
P
educational institution
DMPC
DMPC
P
equipment sales and service
DMPC
DMPC
P
extensive agriculture
P
facility, licensed
DMPC
farm building
DMPC
farmer's market
P
P
DMPC
P
P
farm/industrial machinery
sales & service
DMPC
DMPC
feed mill/grain elevator
DMPC
fertilizer storage and sales
DMPC
financial institution
P
P
food processing facility
DMPC
food store
P
P
DMPC
Land Use Bylaw No. 1284
SCHEDULE 4 // LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS
5
Legend
P = permitted
DDO = discretionary (DO)
DMPC = discretionary (MPC)
blank = prohibited
USES
DISTRICTS
R1
SR
R2
R3
R4
C1
C2
LI
I/R
UT
funeral home
DMPC
DMPC
DMPC
garden centre
DMPC
P
P
golf course
DMPC
government services
P
DMPC
P
health care facility
P
P
P
health services, medical clinic
P
P
home occupation,
Class 1
P
P
P
P
P
P
home occupation,
Class 2
DDO
DDO
DMPC
DDO
DMPC
DMPC
home occupation,
Class 3
DMPC
DMPC
horticultural operation
DMPC
P
hotel
DMPC
P
indoor recreation facility
P
DMPC
P
institutional facility
DMPC
DMPC
DMPC
DMPC
P
kennel
DMPC
light fabrication shop
P
liquor store
livestock confinement
operation or facility
livestock sales yard
manufactured dwelling
P
manufactured home park
DMPC
manufacturing, heavy
DMPC
manufacturing, light
DMPC
P
Land Use Bylaw No. 1284
6
LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS // SCHEDULE 4
Legend
P = permitted
DDO = discretionary (DO)
DMPC = discretionary (MPC)
blank = prohibited
USES
DISTRICTS
R1
SR
R2
R3
R4
C1
C2
LI
I/R
UT
mini storage facility
DMPC
P
motel
DMPC
P
moved-in dwelling
DMPC
DMPC
DMPC
moved-in dwelling (2-unit)
DMPC
natural resource extraction
office
P
DMPC
outdoor recreation and sports
fields
DMPC
DMPC
DMPC
DMPC
DMPC
P
DMPC
outdoor recreation facility
DMPC
DMPC
outdoor storage
DMPC
DMPC
DMPC
parking facility
DMPC
DMPC
DMPC
DMPC
personal services
P
P
pet care services
DMPC
P
DMPC
public park or playground
DMPC
DMPC
DMPC
DMPC
DMPC
P
DMPC
recreation camp
DMPC
recycling facility
DMPC
religious assembly
P
renewable energy,
commercial / industrial
DMPC
residential accommodation in
conjunction with a
commercial or industrial use
DMPC
DMPC
DMPC
residential care facility
DMPC
DMPC
DMPC
DMPC
restaurant
P
P
DMPC
restaurant, licensed
DMPC
DMPC
retail, large-scale
DMPC
DMPC
Land Use Bylaw No. 1284
SCHEDULE 4 // LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS
7
Legend
P = permitted
DDO = discretionary (DO)
DMPC = discretionary (MPC)
blank = prohibited
USES
DISTRICTS
R1
SR
R2
R3
R4
C1
C2
LI
I/R
UT
retail, small-scale
P
P
P
salvage yard
DMPC
DMPC
sand blasting facility
DMPC
secondary suite
DMPC
DMPC
DDO
DMPC
DMPC
seed cleaners and storage
DMPC
semi-detached dwelling
DMPC
DMPC
DMPC
DMPC
P
seniors supportive housing
facility
DMPC
P
service station
DMPC
P
P
shipping container,
permanent
DMPC
DMPC
P
DMPC
DMPC
shipping container, temporary
P
P
P
P
P
P
P
P
P
P
shopping centre
DMPC
sign types 1 & 2
DDO
DDO
DDO
DDO
DDO
P
P
P
P
P
sign type 3
P
P
P
DMPC
DMPC
sign type 4
This sign type is allowed in conjunction with an approved home occupation.
sign type 5
DMPC
DMPC
P
DMPC
DMPC
sign type 6
P
P
P
DMPC
DMPC
sign type 7
DMPC
DMPC
DMPC
sign types 8, 9 & 10
DMPC
DMPC
DMPC
DMPC
DMPC
single-detached dwelling
P
P
DMPC
P
DMPC
single-detached dwelling
(existing)
P
P
small wind energy system,
Type A
DMPC
DMPC
DMPC
DMPC
DMPC
DMPC
DMPC
DMPC
DMPC
DMPC
small wind energy system,
Type B
DMPC
DMPC
Land Use Bylaw No. 1284
8
LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS // SCHEDULE 4
Legend
P = permitted
DDO = discretionary (DO)
DMPC = discretionary (MPC)
blank = prohibited
USES
DISTRICTS
R1
SR
R2
R3
R4
C1
C2
LI
I/R
UT
solar collector, attached
P
P
P
P
P
P
P
P
P
P
solar collector, freestanding
DMPC
DMPC
DMPC
DMPC
DMPC
DMPC
DMPC
DMPC
DMPC
DMPC
special care facility
DMPC
television or radio antenna
tower
This use is regulated by Industry Canada (see Appendix A).
theatre
DMPC
P
tourist home
DDO
DDO
DDO
DDO
townhouse,
≤6 dwelling units
P
townhouse,
>6 dwelling units
DMPC
travel plaza
DMPC
truck transportation depot
DMPC
utility
P
P
P
P
P
P
P
P
P
P
veterinary clinic,
large animal
DMPC
veterinary clinic,
small animal
DMPC
DMPC
P
visitor information centre
P
P
P
warehouse, retail
DMPC
P
P
warehouse, wholesale
P
P
waste transfer station
DMPC
Land Use Bylaw No. 1284
SCHEDULE 4 // LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS
9
RESIDENTIAL (R1) DISTRICT
Purpose:
To provide for a high-quality, low-density residential environment, primarily in the form of single-detached
dwellings and associated uses.
1.
USES
PERMITTED USES
❖ accessory development to an approved
permitted use
❖ day home
❖ home occupation, Class 1
❖ shipping container, temporary
❖ single-detached dwelling
❖ solar collector, attached
❖ utility
DISCRETIONARY USES (MPC)
❖ backyard suite
❖ bed and breakfast
❖ boarding house
❖ child care facility
❖ community garden
❖ duplex
❖ home occupation, Class 3
❖ moved-in dwelling
❖ outdoor recreation and sports fields
❖ public park or playground
❖ residential care facility
❖ secondary suite
❖ semi-detached dwelling
❖ small wind energy system, type A
❖ solar collector, freestanding
DISCRETIONARY USES (DO)
❖ accessory development to an approved
discretionary use
❖ home occupation, Class 2
❖ sign types: 1, 2
❖ tourist home
2.
MINIMUM LOT DIMENSIONS
Notwithstanding the minimum lot dimensional requirements prescribed in the table below, all lots
located on curves or cul-de-sacs shall have a minimum frontage of 6 m (19.7 ft).
Use
Width
Length
Area
m
ft
m
ft
m2
ft²
single-detached
19.8
65
36.6
120
724.6
7,800
all other uses
as required by the Development Authority
Land Use Bylaw No. 1284
10
LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS // SCHEDULE 4
3.
MAXIMUM LOT SIZE
The maximum lot size prescribed below does not apply to lots that have been developed or approved
for a principal building as of the date this Bylaw came into effect. Lots exceeding the maximum lot size
may be subject to an increased setback in order to accommodate future resubdivision of the lot.
Use
Area
m2
ft²
single-detached
1,149.7
(0.11 ha)
15,000
(0.34 acre)
all other uses
as required by the Development Authority
4.
MINIMUM YARD SETBACKS FOR PRINCIPAL BUILDINGS
Setbacks are measured from the property boundary to the nearest point of the building or foundation
(see Schedule 5 for applicability and permitted projections).
Use
Front Yard
Secondary Front
Side Yard
Rear Yard
m
ft
m
ft
m
ft
m
ft
single/semi-detached
7.6-10.71 25-351
3.8
12
1.5
5
7.6
25
all other uses
as required by the Development Authority
1 The front yard setback is expressed as a range, meaning that front of the principal building must be
within 7.6 - 10.7 m from the front property line.
Minimum yard setbacks for a corner lot
The required secondary front yard setback on a
corner lot may be reduced by 0.15 m (0.5 ft) for each
0.3 m (1 ft) that the front yard setback is increased,
providing the resulting secondary front yard setback
is never less than 2.3 m (7.5 ft). (see diagram)
5.
MAXIMUM SITE COVERAGE
(1)
The principal building shall not occupy more than 33% of the surface area of a lot. Attached
garages, balconies, porches, verandas, decks and patios shall be considered as part of the
principal building.
(2)
The cumulative footprint of accessory buildings on a lot shall not occupy more than 12% of the
gross area of a lot or 148.6 m² (1,600 ft²), whichever is the lesser. Additionally, the cumulative
footprint of accessory buildings shall not exceed the footprint of the principal building.
Land Use Bylaw No. 1284
SCHEDULE 4 // LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS 11
6.
MINIMUM GROSS FLOOR AREA
Use
Minimum Gross Floor Area
single-detached
74.3 m2 (800 ft²)
semi-detached (per unit)
65.0 m2 (700 ft²)
all other uses
as required by the Development Authority
7.
MAXIMUM HEIGHT OF BUILDINGS
Despite the maximum possible height for an accessory building specified in the table below, in no case
shall the height of an accessory building exceed that of the principal building.
Use
Maximum Height
principal building
10.1 m (33 ft)
accessory buildings
4.9 m (16 ft)
8.
ACCESSORY BUILDING REGULATIONS AND MEASURABLE STANDARDS
This section applies to detached garages, carports, garden sheds, non-commercial greenhouses, and
related accessory buildings that are commonplace within the residential context.
(1)
No accessory building shall be allowed on a lot without an approved principal building.
(2)
Up to three accessory buildings may be developed on a lot containing a principal building.
Decks, patios, pools and play structures do not count toward this cumulative total.
(3)
An accessory building shall require a separate development permit except where it forms part
of an application for a principal building.
(4)
Accessory buildings shall be developed in compliance with the maximum site coverage
provisions specified in Section 5 of this Schedule as well as the maximum height provisions in
Section 7.
(5)
A minimum separation distance of 1.5 m (5 ft) shall be provided between accessory buildings.
(6)
No accessory building shall be located in a front yard.
(7)
The minimum setbacks for accessory buildings are specified below. The values are measured
from the respective property line to the nearest point of the building, excluding overhanging
eaves. Eaves may project into a side or rear yard setback up to 50% of the setback requirement.
Use
Front Yard
Secondary Front
Side Yard
Rear Yard
accessory
buildings
N/A
N/A
0.9 m (3 ft)
0.9 m (3 ft)
Land Use Bylaw No. 1284
SCHEDULE 4 // LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS 13
SMALL LOT RESIDENTIAL (SR) DISTRICT
Purpose:
To provide opportunity for single-detached housing on comparatively smaller, more affordable lots.
1.
USES
PERMITTED USES
❖ accessory development to an
approved permitted use
❖ day home
❖ home occupation, Class 1
❖ shipping container, temporary
❖ single-detached dwelling
❖ solar collector, attached
❖ utility
DISCRETIONARY USES (MPC)
❖ bed and breakfast
❖ boarding house
❖ child care facility
❖ community garden
❖ duplex
❖ moved-in dwelling
❖ outdoor recreation and sports fields
❖ public park or playground
❖ residential care facility
❖ secondary suite
❖ semi-detached dwelling
❖ small wind energy system, type A
❖ solar collector, freestanding
DISCRETIONARY USES (DO)
❖ accessory development to an approved
discretionary use
❖ home occupation, Class 2
❖ sign types: 1, 2
❖ tourist home
2.
MINIMUM LOT DIMENSIONS
Notwithstanding the minimum lot dimensional requirements prescribed in the table below, all lots
located on curves or cul-de-sacs shall have a minimum frontage of 6 m (19.7 ft).
Use
Width
Length
Area
m
ft
m
ft
m2
ft²
single-detached
15.2
50
30.5
110
511.0
5,500
all other uses
as required by the Development Authority
Land Use Bylaw No. 1284
14
LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS // SCHEDULE 4
3.
MAXIMUM LOT SIZE
The maximum lot size prescribed below does not apply to lots that have been developed or approved
for a principal building as of the date this Bylaw came into effect. Lots exceeding the maximum lot size
may be subject to an increased setback in order to accommodate future resubdivision of the lot.
Use
Area
m2
ft²
single-detached
724.5
(0.07 ha)
7,800
(0.18 acre)
all other uses
as required by the Development Authority
4.
MINIMUM YARD SETBACKS FOR PRINCIPAL BUILDINGS
Setbacks are measured from the property boundary to the nearest point of the building or foundation
(see Schedule 5 for applicability and permitted projections).
Use
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
m
ft
m
ft
m
ft
m
ft
single/semi-detached*
7.6
25
3.8
12
1.5
5
7.6
25
all other uses
as required by the Development Authority
Minimum yard setbacks for a corner lot
The required secondary front yard setback on a
corner lot may be reduced by 0.15 m (0.5 ft) for each
0.30 m (1 ft) that the front yard setback is increased,
providing the resulting secondary front yard setback
is never less than 2.3 m (7.5 ft). (see diagram)
5.
MAXIMUM SITE COVERAGE
(1)
The principal building shall not occupy more than 33% of the surface area of a lot. Attached
garages, balconies, porches, verandas, decks and patios shall be considered as part of the
principal building.
(2)
The cumulative footprint of accessory buildings on a lot shall not occupy more than 12% of the
gross area of a lot or 148.6 m² (1,600 ft²), whichever is the lesser. Additionally, the cumulative
footprint of accessory buildings shall not exceed the footprint of the principal building.
Land Use Bylaw No. 1284
SCHEDULE 4 // LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS 15
6.
MINIMUM GROSS FLOOR AREA
Use
Minimum Gross Floor Area
single-detached
74.3 m2 (800 ft²)
semi-detached (per unit)
65.0 m2 (700 ft²)
all other uses
as required by the Development Authority
7.
MAXIMUM HEIGHT OF BUILDINGS
Despite the maximum possible height for an accessory building specified in the table below, in no case
shall the height of an accessory building exceed that of the principal building.
Use
Maximum Height
principal building
10.1 m (33 ft)
accessory buildings
4.9 m (16 ft)
8.
ACCESSORY BUILDING REGULATIONS AND MEASURABLE STANDARDS
This section applies to detached garages, carports, garden sheds, non-commercial greenhouses, and
related accessory buildings that are commonplace within the residential context.
(1)
No accessory building shall be allowed on a lot without an approved principal building.
(2)
Up to three accessory buildings may be developed on a lot containing a principal building.
Decks, patios, pools and play structures do not count toward this cumulative total.
(3)
An accessory building shall require a separate development permit except where it forms part
of an application for a principal building.
(4)
Accessory buildings shall be developed in compliance with the maximum site coverage
provisions specified in Section 5 of this Schedule as well as the maximum height provisions in
Section 7.
(5)
A minimum separation distance of 1.5 m (5 ft) shall be provided between accessory buildings.
(6)
No accessory building shall be located in a front yard.
(7)
The minimum setbacks for accessory buildings are specified below. The values are measured
from the respective property line to the nearest point of the building, excluding overhanging
eaves. Eaves may project into a side or rear yard setback up to 50% of the setback requirement.
Use
Front Yard
Secondary Front
Side Yard
Rear Yard
accessory
buildings
N/A
N/A
0.9 m (3 ft)
0.9 m (3 ft)
Land Use Bylaw No. 1284
SCHEDULE 4 // LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS 17
MANUFACTURED RESIDENTIAL (R2) DISTRICT
Purpose:
To provide opportunity for residential development, predominantly in the form of detached manufactured
dwellings on subdivided lots or within non-subdivided communities, in those areas of the Town that are
considered suitable for such development.
1.
USES
PERMITTED USES
❖ accessory development to an
approved permitted use
❖ day home
❖ home occupation, Class 1
❖ manufactured dwelling
❖ shipping container, temporary
❖ solar collector, attached
❖ utility
DISCRETIONARY USES (MPC)
❖ community garden
❖ duplex
❖ home occupation, Class 2
❖ manufactured home park
❖ outdoor recreation and sports fields
❖ public park or playground
❖ semi-detached dwelling
❖ single-detached dwelling
❖ small wind energy system, type A
❖ solar collector, freestanding
DISCRETIONARY USES (DO)
❖ accessory development to an approved
discretionary use
❖ sign types: 1, 2
2.
MINIMUM LOT DIMENSIONS
Notwithstanding the minimum lot dimensions prescribed in the table below, all lots located on curves
or cul-de-sacs shall have a minimum frontage of 6 m (19.7 ft).
Use
Width
Length
Area
m
ft
m
ft
m2
ft²
Manufactured dwelling
15.2
50
30.5
110
511.0
5,500
all other uses
as required by the Development Authority
Land Use Bylaw No. 1284
18
LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS // SCHEDULE 4
3.
MINIMUM YARD SETBACKS FOR PRINCIPAL BUILDINGS IN SUBDIVIDED
COMMUNITY
Setbacks are measured from the property boundary to the nearest point of the building or foundation.
Use
Front Yard
Secondary
Front
Side Yard
(entrance)
Side Yard
(other)
Rear Yard
m
ft
m
ft
m
ft
m
ft
m
ft
Manufactured
dwelling
6.1
20
3.8
12
4.6
15
2.3
7.5
3.0
10
all other uses
as required by the Development Authority
3.
MINIMUM SEPARATION DISTANCE FOR PRINCIPAL BUILDINGS IN NON-SUBDIVIDED
COMMUNITY
Separation distance is measured from the nearest wall of a dwelling to an adjacent dwelling(s) (not
including projections like decks, cantilevers etc. provided they don't exceed 33% of the length of the
dwelling).
Use
Separation Distance
m
ft
Manufactured
dwelling
6.1
20
all other uses
as required by the Development
Authority
4.
ELIGIBLE MANUFACTURED DWELLINGS
(1)
Eligible manufactured dwellings include new factory built single-detached manufactured
dwellings as well as used factory built single-detached manufactured dwellings in a state of good
repair and not more than 35 years of age from the date of the passing of this Bylaw.
(2)
Manufactured dwellings shall be certified in compliance with CSA standards.
(3)
All manufactured dwellings shall be registered with the Provincial Personal Property
Registration. The CSA model number and serial number shall be provided at the time of
submission of a development application and are required to be registered with the Town.
(4)
Application for a used manufactured dwelling shall be accompanied by recent colour
photographs conveying that the quality of the building exterior is at least equal to that of other
dwellings in the vicinity.
5.
ELIGIBLE SINGLE DETACHED PREFABRICATED DWELLINGS
Proposed prefabricated single-detached dwellings shall be considered where the shape and design is
compatible with the predominant shape and design of manufactured dwellings in the vicinity.
Standards governing prefabricated dwellings are specified in Schedule 5: Section 26.
6.
FOUNDATIONS
All manufactured dwellings shall be placed on permanent foundations, certified in accordance with the
latest CSA standards and shall be skirted to the satisfaction of the Development Authority.
Land Use Bylaw No. 1284
SCHEDULE 4 // LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS 19
7.
MINIMUM GROSS FLOOR AREA
Use
Minimum Gross Floor Area
manufactured
60.4 m2 (650 ft²)
all other uses
as required by the Development Authority
8.
ADDITIONS TO MANUFACTURED DWELLINGS
(1)
Any addition to a manufactured dwelling shall be of a design and finish which will complement
the manufactured dwelling unit and the neighbouring units in the vicinity.
(2)
Additions shall be located to the rear or side of the manufactured dwelling only. Where any lot
has more than one front yard line, the front yard requirements shall apply to one yard only and
additions may be permitted in the other front yard.
(3)
Additions shall not exceed 30% of the floor area of a manufactured dwelling.
9.
ACCESSORY BUILDING REGULATIONS AND MEASURABLE STANDARDS
This section applies to detached garages, carports, garden sheds, non-commercial greenhouses, and
related accessory buildings that are commonplace within the residential context.
(1)
No accessory building shall be allowed on a lot without an approved principal building.
(2)
In no case shall an accessory building exceed 4.9 m (16 ft) in height above grade.
(3)
Up to two accessory buildings may be developed on a lot or plot containing a principal building.
Decks, patios, pools and play structures do not count toward this cumulative total.
(4)
An accessory building shall require a separate development permit except where it forms part
of an application for a principal building.
(5)
A minimum separation distance of 0.9 m (3 ft) shall be provided between accessory buildings.
(6)
No accessory building shall be located in a front yard.
(7)
The minimum setbacks for accessory buildings are specified below. The values are measured
from the respective property line to the nearest point of the building, excluding overhanging
eaves. Eaves may project into a side or rear yard setback up to 50% of the setback requirement.
Use
Front Yard
Secondary Front
Side Yard
Rear Yard
accessory
buildings
N/A
N/A
0.9 m (3 ft)
0.9 m (3 ft)
Land Use Bylaw No. 1284
SCHEDULE 4 // LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS 21
LARGE LOT RESIDENTIAL (R3) DISTRICT
Purpose:
To ensure that residential and related development occurs on those larger lots within the Town that have
been designated as suitable for such development.
1.
USES
PERMITTED USES
❖ accessory development to an
approved permitted use
❖ day home
❖ duplex
❖ home occupation, Class 1
❖ semi-detached dwelling
❖ shipping container, temporary
❖ single-detached dwelling
❖ solar collector, attached
❖ utility
DISCRETIONARY USES (MPC)
❖ backyard suite
❖ bed and breakfast
❖ boarding house
❖ child care facility
❖ community garden
❖ home occupation, Class 3
❖ institutional facility
❖ moved-in dwelling
❖ outdoor recreation and sports fields
❖ public park or playground
❖ residential care facility
❖ small wind energy system, type A
❖ solar collector, freestanding
DISCRETIONARY USES (DO)
❖ accessory development to an approved
discretionary use
❖ home occupation, Class 2
❖ secondary suite
❖ sign types: 1, 2
❖ tourist home
2.
MINIMUM LOT DIMENSIONS
Use
Width
Length
Area
m
ft
m
ft
m2
ft²
single-detached, semi-
detached
30.5
100
45.7
150
1,393.5
(0.14 ha)
15,000
(0.34 acre)
all other uses
as required by the Development Authority
Land Use Bylaw No. 1284
22
LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS // SCHEDULE 4
3.
MAXIMUM LOT SIZE
The maximum lot size prescribed below does not apply to lots that have been developed or approved
for a principal building as of the date this Bylaw came into effect. Lots exceeding the maximum lot size
may be subject to an increased setback in order to accommodate future resubdivision of the lot.
Use
Area
m2
ft²
single-detached, semi-detached
4,849.4
(0.48 ha)
52,200
(1.20 acre)
all other uses
as required by the Development Authority
4.
MINIMUM YARD SETBACKS FOR PRINCIPAL BUILDINGS
Setbacks are measured from the property boundary to the nearest point of the building or foundation
(see Schedule 5 for applicability and permitted projections).
Use
Front Yard
Secondary
Front
Side Yard
Rear Yard
m
ft
m
ft
m
ft
m
ft
single-detached
7.6-
10.71 25-351
4.6
15
3.0
10
15.2
50
principal buildings on Lots 1-4,
Block 73, Plan 1611451
7.6-
10.71 25-351
4.6
15
3.0
10
53.6
176
all other uses
as required by the Development Authority
1 The front yard setback is expressed as a range, meaning that front of the principal building must be
within 7.6 - 10.7 m from the front property line.
5.
MAXIMUM SITE COVERAGE
(1)
The principal building shall not occupy more than 33% of the surface area of a lot. Attached
garages, balconies, porches, verandas, decks and patios shall be considered as part of the
principal building.
(2)
The cumulative footprint of accessory buildings on a lot shall not occupy more than 12% of the
gross area of a lot or 148.6 m² (1,600 ft²), whichever is the lesser. Additionally, the cumulative
footprint of accessory buildings shall not exceed the footprint of the principal building.
6.
MINIMUM GROSS FLOOR AREA
Use
Minimum Gross Floor Area
single-detached
139.4 m2 (1,500 ft²)
all other uses
as required by the Development Authority
Land Use Bylaw No. 1284
SCHEDULE 4 // LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS 23
7.
MAXIMUM HEIGHT OF BUILDINGS
Despite the maximum possible height for an accessory building specified in the table below, in no case
shall the height of an accessory building exceed that of the principal building.
Use
Maximum Height
principal building
10.1 m (33 ft)
accessory buildings
4.9 m (16 ft)
8.
ACCESSORY BUILDING REGULATIONS AND MEASURABLE STANDARDS
This section applies to detached garages, carports, garden sheds, non-commercial greenhouses, and
related accessory buildings that are commonplace within the residential context.
(1)
No accessory building shall be allowed on a lot without an approved principal building.
(2)
Up to three accessory buildings may be developed on a lot containing a principal building.
Decks, patios, pools and play structures do not count toward this cumulative total.
(3)
An accessory building shall require a separate development permit except where it forms part
of an application for a principal building.
(4)
Accessory buildings shall be developed in compliance with the maximum site coverage
provisions specified in Section 5 of this Schedule as well as the maximum height provisions in
Section 7.
(5)
A minimum separation distance of 1.5 m (5 ft) shall be provided between accessory buildings.
(6)
No accessory building shall be located in a front yard.
(7)
The minimum setbacks for accessory buildings are specified below. The values are measured
from the respective property line to the nearest point of the building, excluding overhanging
eaves. Eaves may project into a side or rear yard setback up to 50% of the setback requirement.
Use
Front Yard
Secondary Front
Side Yard
Rear Yard
accessory
buildings
N/A
N/A
0.9 m (3 ft)
0.9 m (3 ft)
Land Use Bylaw No. 1284
SCHEDULE 4 // LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS 25
MEDIUM DENSITY RESIDENTIAL (R4) DISTRICT
Purpose:
To provide opportunity for various types of multi-unit development that provide a broader mix of housing
options in those areas that are considered suitable for such development.
1.
USES
PERMITTED USES
❖ accessory development to an
approved permitted use
❖ apartment, ≤6 dwelling units
❖ duplex
❖ home occupation, Class 1
❖ semi-detached dwelling
❖ shipping container, temporary
❖ solar collector, attached
❖ townhouse, ≤6 dwelling units
❖ utility
DISCRETIONARY USES (MPC)
❖ apartment, >6 dwelling units
❖ community garden
❖ day home
❖ home occupation, Class 2
❖ institutional facility
❖ moved-in dwelling (2 unit)
❖ public park or playground
❖ residential care facility
❖ secondary suite
❖ seniors supportive housing facility
❖ small wind energy system, type A
❖ solar collector, freestanding
❖ townhouse, >6 dwelling units
DISCRETIONARY USES (DO)
❖ accessory development to an approved
discretionary use
❖ sign types: 1, 2
❖ tourist home
Land Use Bylaw No. 1284
26
LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS // SCHEDULE 4
2.
MINIMUM LOT DIMENSIONS
The minimum lot width for townhouses containing more than 6 dwelling units can be calculated by
allocating 12.1 m (40 ft) of width for each end dwelling unit and 6.1 m (20 ft.) of width for each interior
dwelling unit.
Use
Width
Length
Area
m
ft
m
ft
m2
ft²
duplexes
21.3
70
36.6
120
779.6
8,400
semi-detached
27.4
90
36.6
120
1002.8
10,800
apartments
3 units
12.2
40
36.6
120
446.5
4,800
4 units
10.7
35
36.6
120
391.6
4,200
5+ units
as required by the Development Authority
townhouses
3 units
30.3
100
36.6
120
1114.8
12,000
4 units
36.4
120
36.6
120
1337.8
14,400
5 units
42.5
140
36.6
120
1560.8
16,800
6 units
48.6
160
36.6
120
1783.7
19,200
3.
MINIMUM YARD SETBACKS FOR PRINCIPAL BUILDINGS
Setbacks are measured from the property boundary to the nearest point of the building or foundation
(see Schedule 5 for applicability and permitted projections).
Use
Front Yard
Secondary
Front
Side Yard
Rear Yard
m
ft
m
ft
m
ft
m
ft
duplexes, semi-detached
7.6
25
3.8
12.5
1.5
5
7.6
25
apartments/townhouses (≤4
units)
7.6
25
3.8
12.5
3.0
10
7.6
25
all other uses
as required by the Development Authority
Land Use Bylaw No. 1284
SCHEDULE 4 // LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS 27
Minimum yard setbacks for a corner lot
The required secondary front yard setback on a
corner lot may be reduced by 0.15 m (0.5 ft) for each
0.3 m (1 ft) that the front yard setback is increased,
providing the resulting secondary front yard setback
is never less than 2.3 m (7.5 ft). (see diagram)
4.
MAXIMUM SITE COVERAGE
(1) The principal building shall not occupy more than 40% of the surface area of a lot. Attached
garages, balconies, porches, verandas, decks and patios shall be considered as part of the
principal building.
(2) The cumulative footprint of accessory buildings on a lot shall not occupy more than 10% of the
gross area of a lot or 148.6 m² (1,600 ft²), whichever is the lesser. Additionally, the cumulative
footprint of accessory buildings shall not exceed the footprint of the principal building.
5.
MINIMUM GROSS FLOOR AREA
Use
Minimum Gross Floor Area
dwelling units (all types)
46.5 m2 (500 ft²)
6.
MAXIMUM HEIGHT OF BUILDINGS
(1)
In addition to complying with the maximum height provisions listed below, buildings with more
than three storeys will require additional measures such as sprinkler systems to ensure they
meet provincial legislation. All applications involving buildings that exceed 10.1 m (33 ft) in height
shall be circulated to the Magrath Fire Department to ensure adequate firefighting facilities exist.
(2)
Despite the maximum possible height for an accessory building specified in the table below, in
no case shall the height of an accessory building exceed that of the principal building.
Use
Maximum Height
duplexes, semi-detached, townhouses
10.1 m (33 ft)
apartments and other principal uses
as required by the Development Authority
accessory buildings
4.9 m (16 ft)
7.
ACCESSORY BUILDING REGULATIONS AND MEASURABLE STANDARDS
This section applies to detached garages, carports, garden sheds, non-commercial greenhouses, and
related accessory buildings that are commonplace within the residential context.
(1)
No accessory building shall be allowed on a lot without an approved principal building.
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(2)
Up to three accessory buildings may be developed on a lot containing a principal building.
Decks, patios, pools and play structures do not count toward this cumulative total.
(3)
An accessory building shall require a separate development permit except where it forms part
of an application for a principal building.
(4)
Accessory buildings shall be developed in compliance with the maximum site coverage
provisions specified in Section 4 of this Schedule as well as the maximum height provisions in
Section 6.
(5)
A minimum separation distance of 1.5 m (5 ft) shall be provided between accessory buildings.
(6)
No accessory building shall be located in a front yard.
(7)
The minimum setbacks for accessory buildings are specified below. The values are measured
from the respective property line to the nearest point of the building, excluding overhanging
eaves. Eaves may project into a side or rear yard setback up to 50% of the setback requirement.
Use
Front Yard
Secondary Front
Side Yard
Rear Yard
accessory
buildings
N/A
N/A
0.9 m (3 ft)
0.9 m (3 ft)
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SCHEDULE 4 // LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS 29
CENTRAL COMMERCIAL (C1) DISTRICT
Purpose:
To encourage the development, redevelopment, conservation and rehabilitation of commercial areas in the
Town, including the growth of a vibrant main street with a focus on retail, service and office uses that cater
to the daily needs of the Town's residents.
1.
USES
PERMITTED USES
❖ accessory development to an approved
permitted use
❖ business support services
❖ convenience store
❖ farmer's market
❖ financial institution
❖ food store
❖ government services
❖ health care facility
❖ health services, medical clinic
❖ office
❖ personal services
❖ restaurant
❖ retail, small-scale
❖ shipping container, temporary
❖ sign types: 1, 2, 3, 6
❖ solar collector, attached
❖ utility
❖ visitor information centre
DISCRETIONARY USES (MPC)
❖ accessory development to an approved
discretionary use
❖ amusement facility
❖ auto body repair and paint shop
❖ automotive repair and service
❖ automotive sales
❖ building supplies store
❖ car wash
❖ child care facility
❖ contractor, building and trade
❖ cultural facility
❖ drive-thru restaurant
❖ educational institution
❖ equipment sales and service
❖ funeral home
❖ garden centre
❖ hotel
❖ institutional facility
❖ motel
❖ parking facility
❖ pet care services
❖ residential accommodation in
conjunction with a commercial use
❖ restaurant, licensed
❖ service station
❖ shipping container, permanent (≤2)
❖ sign types: 5, 8, 9, 10
❖ small wind energy system, type A
❖ solar collector, freestanding
❖ theatre
❖ veterinary clinic, small animal
❖ warehouse, retail
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LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS // SCHEDULE 4
2.
MINIMUM LOT DIMENSIONS
Use
Width
Length
Area
m
ft
m
ft
m2
ft²
all uses
18.2
60
36.6
120
666.1
7,200
3.
MINIMUM YARD SETBACKS
The minimum yard setbacks in this district shall be prescribed by the Development Authority (see
Schedule 5 for applicability and permitted projections).
4.
HIGHWAY SETBACK REQUIREMENTS
Notwithstanding other provisions contained within this Bylaw, no permanent development within this
district shall be allowed within 4.6 m (15 ft) of a highway right-of-way.
5.
MAXIMUM SITE COVERAGE
The cumulative total of principal and accessory building footprints shall not occupy more than 80% of
the surface area of a lot.
6.
MAXIMUM HEIGHT OF BUILDINGS
(1)
The roofline of the principal building shall be compatible with the surrounding buildings to the
satisfaction of the Development Authority.
(2)
Roof mounted mechanical units may exceed the maximum building height provided they are
concealed by screening in a manner compatible with the architectural character of the building.
Use
Maximum Height
principal building
13.7 m (45 ft)
accessory buildings
6.1 m (20 ft)
7.
RESIDENTIAL ACCOMMODATION IN CONJUNCTION WITH A COMMERCIAL USE
A dwelling unit(s) may be approved where, in the opinion of the Development Authority, the principal
use of the property, for commercial purposes, is maintained. A dwelling unit(s) shall only be approved
where the main floor façade of the building is maintained as a storefront/commercial premise.
Land Use Bylaw No. 1284
SCHEDULE 4 // LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS 31
HIGHWAY COMMERCIAL (C2) DISTRICT
Purpose:
To ensure the compatibility of commercial development adjacent to major thoroughfares in the Town.
1.
USES
PERMITTED USES
❖ accessory development to an approved
permitted use
❖ business support services
❖ car wash
❖ convenience store
❖ drive-thru restaurant
❖ farmer's market
❖ financial institution
❖ food store
❖ health care facility
❖ health services, medical clinic
❖ indoor recreation facility
❖ personal services
❖ pet care services
❖ restaurant
❖ retail, small-scale
❖ shipping container, temporary
❖ sign types: 1, 2, 3, 6
❖ solar collector, attached
❖ theatre
❖ utility
❖ visitor information centre
DISCRETIONARY USES (MPC)
❖ accessory development to an approved
discretionary use
❖ amusement facility
❖ automotive sales auto body repair and
paint shop
❖ automotive repair and service
❖ building supplies store
❖ contractor, building and trade
❖ equipment sales and service
❖ farm/industrial machinery sales &
service
❖ garden centre
❖ government services
❖ horticultural operation
❖ hotel
❖ institutional facility
❖ manufacturing, light
❖ mini storage facility
❖ motel
❖ office
❖ outdoor recreation and sports fields
❖ outdoor recreation facility
❖ outdoor storage
❖ parking facility
❖ residential accommodation in
conjunction with a commercial use
❖ restaurant, licensed
❖ retail, large-scale
❖ service station
❖ shipping container, permanent (≤2)
❖ shopping centre
❖ sign types: 5, 7, 8, 9, 10
❖ small wind energy system, type A
❖ solar collector, freestanding
❖ travel plaza
❖ veterinary clinic, small animal
❖ warehouse, retail
❖ warehouse, wholesale
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2.
MINIMUM LOT DIMENSIONS
Use
Width
Length
Area
m
ft
m
ft
m2
ft²
all uses
18.3
60
39.6
130
724.6
7,800
3.
MINIMUM YARD SETBACKS
Setbacks are measured from the property boundary to the nearest point of the building or foundation
(see Schedule 5 for applicability and permitted projections).
Use
Front Yard
Secondary Front
Side Yard
Rear Yard
m
ft
m
ft
m
ft
m
ft
principal building
9.1
30
4.6
15
1.5
5
7.6
25
accessory buildings
as required by the Development Authority
4.
MAXIMUM SITE COVERAGE
The cumulative total of principal and accessory building footprints shall not occupy more than 50% of
the surface area of a lot.
5.
MAXIMUM HEIGHT OF BUILDINGS
Use
Maximum Height
principal building
10.1 m (33 ft)
accessory buildings
6.1 m (20 ft)
6.
OUTDOOR STORAGE
See Schedule 5: Section 24.
7.
LANDSCAPING REQUIREMENTS
See Schedule 6: Landscaping & Screening Regulations.
Land Use Bylaw No. 1284
SCHEDULE 4 // LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS 33
LIGHT INDUSTRIAL (LI) DISTRICT
Purpose:
To allow light industrial and other compatible development in those areas of the Town that are considered
most suitable, while prohibiting noxious uses.
1.
USES
PERMITTED USES
❖ accessory development to an approved
permitted use
❖ auto body repair and paint shop
❖ automotive repair and service
❖ automotive sales
❖ building supplies store
❖ business support services
❖ car wash
❖ contractor, building and trade
❖ equipment sales and service
❖ garden centre
❖ horticultural operation
❖ light fabrication shop
❖ manufacturing, light
❖ mini storage facility
❖ retail, small-scale
❖ service station
❖ shipping container, permanent (≤ 4)
❖ shipping container, temporary
❖ sign types: 1, 2, 3, 5, 6
❖ single-detached dwelling (existing)
❖ solar collector, attached
❖ utility
❖ veterinary clinic, small animal
❖ warehouse, retail
❖ warehouse, wholesale
DISCRETIONARY USES (MPC)
❖ accessory development to an approved
discretionary use
❖ bulk fuel storage and sales
❖ cannabis production facility
❖ concrete batch plant
❖ contractor, heavy duty equipment
❖ educational institution
❖ farmer's market
❖ farm/industrial machinery sales & service
❖ feed mill/grain elevator
❖ fertilizer storage and sales
❖ food processing facility
❖ food store
❖ funeral home
❖ government services
❖ indoor recreation facility
❖ kennel
❖ manufacturing, heavy
❖ office
❖ outdoor storage
❖ parking facility
❖ pet care services
❖ recycling facility
❖ renewable energy, commercial/industrial
❖ residential accommodation in conjunction
with an industrial use
❖ restaurant
❖ retail, large-scale
❖ salvage yard
❖ sand blasting facility
❖ seed cleaners and storage
❖ shipping container, permanent (>4)
❖ sign types: 7, 8, 9, 10
❖ small wind energy system, types A & B
❖ solar collector, freestanding
❖ truck transportation depot
❖ veterinary clinic, large animal
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LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS // SCHEDULE 4
2.
MINIMUM LOT DIMENSIONS
Use
Width
Length
Area
m
ft
m
ft
m2
ft²
all uses
30.5
100
30.5
100
929.0
10,000
3.
MINIMUM YARD SETBACKS
Setbacks are measured from the property boundary to the nearest point of the building or foundation
(see Schedule 5 for applicability and permitted projections).
Use
Front Yard
Secondary Front
Side Yard
Rear Yard
m
ft
m
ft
m
ft
m
ft
principal building
7.6
25
4.6
15
3.1
10
7.6
25
accessory buildings
as required by the Development Authority
4.
MAXIMUM SITE COVERAGE
The cumulative total of principal and accessory building footprints shall not occupy more than 60% of
the surface area of a lot.
5.
MAXIMUM HEIGHT OF BUILDINGS
The maximum height of all buildings shall be at the discretion of the Development Authority.
6.
OUTDOOR STORAGE
See Schedule 5: Section 24.
7.
LANDSCAPING REQUIREMENTS
See Schedule 6: Landscaping & Screening Regulations.
8.
ENVIRONMENTAL SITE ASSESSMENT / ENVIRONMENTAL IMPACT ASSESSMENT
Where, in the opinion of the Development Authority, a development proposal may create an
unacceptable environmental impact and/or where there may have been historical environmental
impacts (i.e. soil contamination), an environmental site assessment and/or environmental impact
assessment may be required prior to dealing with the application.
Land Use Bylaw No. 1284
SCHEDULE 4 // LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS 35
INSTITUTIONAL / RECREATIONAL (I/R) DISTRICT
Purpose:
To ensure that the development of institutional facilities and uses within the Town is compatible with other
land uses.
1.
USES
PERMITTED USES
❖ accessory development to an approved
permitted use
❖ cemetery and interment services
❖ community garden
❖ cultural facility
❖ educational institution
❖ farmer's market
❖ government services
❖ health care facility
❖ indoor recreation facility
❖ institutional facility
❖ outdoor recreation and sports fields
❖ public park or playground
❖ religious assembly
❖ seniors supportive housing facility
❖ shipping container, temporary
❖ sign types: 1, 2
❖ solar collector, attached
❖ utility
❖ visitor information centre
DISCRETIONARY USES (MPC)
❖ accessory development to an approved
discretionary use
❖ campground
❖ child care facility
❖ facility, licensed
❖ funeral home
❖ golf course
❖ outdoor recreation facility
❖ parking facility
❖ recreation camp
❖ salvage yard
❖ shipping container, permanent (≤2)
❖ sign types: 3, 5, 6, 8, 9, 10
❖ small wind energy system, types A & B
❖ solar collector, freestanding
❖ special care facility
❖ waste transfer station
2.
MINIMUM LOT DIMENSIONS
All Uses - As required by the Development Authority.
3.
MINIMUM YARD SETBACKS
Setbacks are measured from the property boundary to the nearest point of the building or foundation
(see Schedule 5 for applicability and permitted projections).
Use
Front Yard
Secondary Front
Side Yard
Rear Yard
m
ft
m
ft
m
ft
m
ft
principal building
7.6
25
3.1
10
3.1
10
7.6
25
accessory buildings
as required by the Development Authority
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LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS // SCHEDULE 4
4.
MAXIMUM SITE COVERAGE
The cumulative total of principal and accessory building footprints shall not occupy more than 50% of
the surface area of a lot.
5.
MAXIMUM HEIGHT OF BUILDINGS
The maximum height of all buildings shall be at the discretion of the Development Authority.
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SCHEDULE 4 // LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS 37
URBAN TRANSITIONAL (UT) DISTRICT
Purpose:
To ensure the planned and orderly development of the fringe areas of the Town by providing an interim
land use classification for lands adjoining the built-up area of the Town, which may be subdivided and
developed for urban uses in the future but are presently agricultural or non-urbanized, and to prevent
disorderly, incompatible or premature development and subdivision of these lands until they are needed
for orderly urban development.
1.
USES
PERMITTED USES
❖ accessory development to an approved
permitted use
❖ community garden
❖ cultivation of land
❖ day home
❖ extensive agriculture
❖ farmer's market
❖ home occupation, Class 1
❖ shipping container, temporary
❖ sign types: 1, 2
❖ single-detached dwelling (existing)
❖ solar collector, attached
❖ utility
DISCRETIONARY USES (MPC)
❖ accessory development to an approved
discretionary use
❖ bed and breakfast
❖ farm building
❖ home occupation, Class 2
❖ outdoor recreation and sports fields
❖ outdoor storage
❖ public park or playground
❖ secondary suite
❖ shipping container, permanent (≤2)
❖ sign types: 3, 5, 6, 7, 8, 9, 10
❖ single-detached dwelling
❖ small wind energy system, type A
❖ solar collector, freestanding
2.
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS
(1)
The Development Authority shall not approve a discretionary use in this district if it is of the
opinion that:
(a) the use is likely to become a non-conforming use on subsequent reclassification of the
lands with regard for the direction in the Municipal Development Plan, an area structure
plan or area redevelopment plan which affects the lands which are the subject of the
development application; and/or
(b) approval of the discretionary use would be premature.
(2)
The Development Authority shall ensure, to its satisfaction, that any proposed improvement is
located or developed so that it:
(a) does not conflict with nor jeopardize the implementation of an adopted area structure plan
or area redevelopment plan, where either one or both of these affect the lands which are
the subject of a development application;
(b) does not compromise the orderly subdivision or subsequent development of lands; and
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LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS // SCHEDULE 4
(c) does not, in the case of a permitted or discretionary use, substantially conflict with the
provisions of the district which will likely apply, in the opinion of the Development Authority,
on subsequent reclassification of the lands.
(3)
Where an area structure plan or a conceptual scheme has not been submitted for the lands that
are the subject of a development application, the Development Authority may require that:
(a) an area structure plan or conceptual scheme to be submitted by the applicant; and
(b) the parcel which is the subject of the development application shall be reclassified in this
Bylaw and subdivided in accordance with the area structure plan or conceptual scheme
before the Development Authority considers the development application.
3.
MINIMUM LOT DIMENSIONS
(1)
Existing parcels (the subdivision of new parcels is not permitted in this district).
(2)
Boundary line adjustments may be approved at the discretion of the Subdivision Authority.
4.
MINIMUM YARD SETBACKS
Use
Front Yard
Side Yard
Rear Yard
m
ft
m
ft
m
ft
all uses
7.6
25
3.1
10
7.6
25
In establishing setbacks for principal and accessory buildings, the Development Authority shall have
regard to the following:
(1)
the setbacks which may apply, in the opinion of the Development Authority, on future
reclassification and/or subdivision of the lot;
(2)
the maintenance of adequate setbacks from existing and proposed roadways, including service
roadways and lanes; and
(3)
such other matters as the Development Authority considers appropriate.
5.
MAXIMUM HEIGHT OF BUILDINGS
(1)
The maximum building height of any dwelling shall be 10.1 m (33 ft).
(2)
The maximum height of all buildings accessory to a dwelling or agricultural use shall be 4.9 m
(16 ft).
(3)
The maximum building height of discretionary uses shall be as required by the Development
Authority having regard to the maximum building height which may apply, in the opinion of the
Development Authority, on reclassification of the lot in the future.
Land Use Bylaw No. 1284
SCHEDULE 4 // LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS 39
FLOOD HAZARD AREA OVERLAY DISTRICT
Purpose:
To achieve beneficial long-term land use outcomes on parcels within the Town that are subject to flooding
through a proactive approach to regulating development that mitigates flooding-related risks to property
damage and human safety. The district is designed to curb the far-reaching public and private costs
associated with flood damage without affecting private property rights except to the extent that is necessary
to implement the purpose stated herein. The Flood Hazard Area Overlay district respects the real property
investments and locational choices made by residents who own or reside in existing dwellings within the
Flood Hazard Area. It also implements a consistent measure of land use control to ensure that, going
forward, only appropriate development is approved within the Flood Hazard Area.
1.
INTERPRETATION
(1)
For the purposes of administering this district, "lands subject to flooding" shall be interpreted as
parcels that are reasonably likely to flood in the normal course of events, as delineated by the
Flood Hazard Area on the land use district map. The data underlying the Flood Hazard Area was
produced in 2019 as part of a study undertaken by the province regarding a proposed
emergency spillway operation for the Jensen Dam.
(2)
The Flood Hazard Area corresponds to the 1:100 flood event. It depicts parcels that have a 1%
chance of being reached by flood waters in any given year.
(3)
The Flood Hazard Area elevations are the elevations that have a 1% chance of being reached
by flood waters in any given year. In the context of a development proposal, the average pre-
development grade of the proposed building site shall serve as the baseline elevation for flood-
proofing measurements.
2.
SCOPE
(1)
The standards in this section govern the development of all new buildings proposed within the
Flood Hazard Area, along with substantial additions and other significant modifications to existing
buildings.
(2)
Where part of a parcel lies within the Flood Hazard Area and part of the parcel lies outside, only
that part of the parcel lying inside the Flood Hazard Area will be subject to the provisions set
forth in the Flood Hazard Area Overlay district.
(3)
The Development Authority may determine the relative extents of the Floodway and Flood Fringe
within the Flood Hazard Area for the purposes of restricting land use and prescribing standards.
3.
USES
Where a parcel falls within the Flood Hazard Area, all uses listed as permitted or discretionary in the
underlying conventional district governing the parcel shall be designated as "discretionary (MPC)" and
referred to the Municipal Planning Commission for a decision.
4.
APPROVAL CRITERIA
(1)
The Development Authority shall not issue an approval for development on a parcel located in
the Flood Hazard Area unless the applicant has demonstrated that all proposed buildings are
appropriately sited so as to not obstruct the flow of flood waters in the event of a flood.
(2)
Parcels located in any portion of the Flood Hazard Area designated as the Floodway, where
anticipated flows are greatest and anticipated damages most destructive, are deemed to be
unsuitable for most uses apart from essential public utilities and low-impact recreation.
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LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS // SCHEDULE 4
(3)
Parcels located in any portion of the Flood Hazard Area designated as the Flood Fringe, where
anticipated flows are generally shallower and less destructive, may potentially be suitable for
development.
(4)
Where a parcel lying partly within the Flood Hazard Area contains a suitable development area
located outside the Flood Hazard Area, a development proposal on that parcel should seek to
locate all permanent improvements outside the Flood Hazard Area.
(5)
Setbacks shall be prescribed by the Development Authority on a proposal-specific basis, having
regard for site parameters pertaining to the relative risk of incurring flood damage as well as the
findings of any professional studies undertaken in respect of the subject parcel.
5.
SITE-RELATED FLOOD MITIGATION STANDARDS
(1)
The Development Authority may require, as a condition of development approval, engineered
grading and drainage plans demonstrating that the proposal will not adversely impact existing
flood elevations, along with a legal survey confirming that said engineered grades have been
met.
(2)
A development proposal within the Flood Hazard Area shall integrate an engineered detention
pond providing a volume of on-site flood water storage capacity equivalent to the total off-site fill
used to elevate the grade for all buildings, structures, access and embankments.
(3)
The Development Authority may limit the proportion of impervious hardscape allowed for a
proposal located within the Flood Hazard Area in order to prevent an increase in the volume of
storm water runoff.
6.
BUILDING-RELATED FLOOD MITIGATION STANDARDS
(1)
The Development Authority shall not issue an approval for development on a parcel located in
the Flood Hazard Area unless the applicant has submitted documentation prepared by a
professional engineer or registered architect certifying that adequate flood-proofing measures
have been integrated into the development design as per this section.
(2)
The lowest habitable floor of a new principal or accessory dwelling developed in the Flood
Hazard Area shall be flood-proofed to a minimum of 0.5 m (1.6 ft) above the Flood Hazard Area
elevation.
(3)
All electrical and mechanical equipment in new buildings developed in the Flood Hazard Area
shall be flood-proofed to a minimum of 0.5 m (1.6 ft) above the Flood Hazard Area elevation.
(4)
Basements shall be prohibited in new buildings located within the Flood Hazard Area.
(5)
A sewer back-up valve shall be installed in any building located within the Flood Hazard Area for
which a development permit has been issued.
(6)
The Development Authority may allow minor renovations and repairs to an existing building
located in the Flood Hazard Area without requiring the building to be flood-proofed.
(7)
The Development Authority may allow additions to an existing building located in the Flood
Hazard Area providing such additions are adequately flood-proofed, without requiring the
existing portion of the building to be flood-proofed.
(8)
The Development Authority may impose additional building-related flood mitigation standards
derived from the Canadian Mortgage & Housing Corporation guidelines for building in flood-risk
areas, or from similar publications promoting best practices in land and property development.
Land Use Bylaw No. 1284
SCHEDULE 4 // LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS 41
7.
AMENDMENTS TO THE BOUNDARIES OR PROVISIONS OF THIS DISTRICT
(1)
Should an updated Flood Hazard Area map for the Town be produced as part of the Flood
Hazard Identification Program (FHIP), this Bylaw shall be amended to include the updated map.
(2)
Upon enactment of the Floodway Development Regulation, or the coming into force of any other
provincial regulations respecting development on lands subject to flooding, this Bylaw shall be
amended as necessary to ensure its provisions are aligned with the provincial regulations.
Land Use Bylaw No. 1284
SCHEDULE 4 // LAND USE DISTRICTS, MAP & DISTRICT REGULATIONS 43
DIRECT CONTROL (DC) DISTRICT
Purpose:
To provide a means whereby Council may govern the use and development within a specific area of the
Town where the circumstances of a site are such that regulation and control through conventional districting
is inadequate considering location, parcel size, long-range planning goals and the public interest.
1.
USES
Council may, by bylaw, specify any uses it considers appropriate.
2.
APPROVAL PROCEDURE
(1)
Before considering a development application in the Direct Control district, Council shall:
(a) have the Development Officer provide notification to adjacent landowners and other
persons likely to be affected as per Administrative Provisions: Section 37 ; and
(b) hear any person that claims to be affected by the decision on the application.
(2)
Council may then approve the application with or without conditions or refuse the application.
(3)
Where applicable, Council should seek comments from its planner, regional health authority, or
any applicable department of the provincial government.
(4)
Following a decision, notification shall be sent to the applicant via postal mail or by email, as well
as published within a local publication.
3.
APPEAL PROCEDURE
Pursuant to s. 685(4)(a) of the MGA, if a decision with respect to a development application is made
by Council, there is no appeal to the Subdivision and Development Appeal Board.
4.
MINIMUM LOT DIMENSIONS, SETBACKS, SITE COVERAGE AND BUILDING HEIGHT
At the discretion of Council.
5.
ANY AND ALL OTHER SCHEDULES SHALL BE CONSIDERED PRIOR TO
IMPLEMENTATION OF THE SUBJECT BYLAW.
6.
SITE-SPECIFIC DIRECT CONTROL STANDARDS
6.1. PLAN 3985J
THE SOUTHERLY 115 FEET OF THE EASTERLY
120 FEET BOTH IN PERPENDICULAR WIDTH
THROUGHOUT OF BLOCK 51
EXCEPTING THEREOUR ALL MINES AND MINERALS
(1)
The permitted uses applicable to this parcel shall be all permitted uses listed in the R1 district.
(2)
The discretionary uses applicable to this parcel shall be "garden centre" and all discretionary
uses listed in the R1 district.
(3)
The development standards applicable to this parcel shall be at the discretion of Council.
SCHEDULE 5
DEVELOPMENT STANDARDS
Land Use Bylaw No. 1284
Land Use Bylaw No. 1284
SCHEDULE 5 // DEVELOPMENT STANDARDS
1
SCHEDULE 5
DEVELOPMENT STANDARDS
The standards prescribed in this Schedule operate in conjunction with the district-specific regulations
established in Schedule 4 to govern the development of land, buildings and structures in the Town.
1. ACCESS AND SERVICING REQUIREMENTS
(1)
A site plan submitted in support of a development application shall depict the proposed physical
access to the development from a public roadway.
(2)
The design of new residential subdivisions may integrate lanes as a primary or secondary means
of physical access to the lots. Where possible, these lanes shall be at least 6.1 m (20 ft) wide.
(3)
A backyard suite located on a corner lot shall not take access from the street but shall instead
share the principal front access or take access from the lane.
(4)
The design of non-residential subdivisions, including the provision of physical access, shall be
governed by the Subdivision Authority on a site-specific basis.
(5)
All residential, industrial and commercial buildings shall be required to connect to municipal
water supply, sanitary sewer systems and storm sewer systems where these municipal services
are, in the opinion of the Development Authority, reasonably available.
(6)
Refuse and garbage shall be kept in suitable containers or permanent enclosures. Permanent
refuse and garbage storage areas and enclosures shall be effectively screened from public view.
(7)
In all non-residential districts, refuse and garbage holding areas, enclosures, and compaction
areas are to be located a minimum of 7.6 m (25 ft) from an adjacent residential use.
(8)
Refuse on a construction site shall be properly screened or placed in an approved enclosure
until such time that it is removed for disposal.
2. AIR CONDITIONERS (FREESTANDING)
A freestanding exterior air conditioner shall not be located in a front yard (not including the secondary
front yard of a corner lot) nor located less than 0.9 m (3 ft) from a side or rear property boundary.
3. BALCONIES, PORCHES AND VERANDAS
(1)
Balconies, porches and verandas attached to a principal building by a roof, floor, above-grade
foundation or any connecting feature located below grade that allows access between the
buildings are considered to form part of the principal building as it relates to site coverage
calculations and minimum yard setback requirements, except where specifically permitted to
project.
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(2)
A balcony shall not project more than 1.8 m (6 ft) from a building facade and shall adhere to the
preferred design style depicted below. For semi-detached dwellings, no separation from a party
wall property line is required for a balcony where a privacy wall extends the full depth of the
balcony.
(3)
A privacy wall shall be no greater than 2.0 m (6.5 ft) above the grade of a deck or patio.
BALCONY DESIGN STYLE
4. BED AND BREAKFASTS
Bed and breakfast accommodations may only be approved where the Development Authority is satisfied
that the use shall not interfere with the rights of other residents to quiet enjoyment of a residential
neighbourhood. Bed and breakfast accommodations are governed as follows:
(1)
This use shall be subordinate to, and housed within, the principal dwelling unit.
(2)
Alterations to the principal building may be permitted provided they are congruent with the
residential character of the building or property.
(3)
Advertising shall only be permitted in compliance with Schedule 9: Sign Regulations.
(4)
A development permit will remain in effect provided that the intensity of use remains unchanged.
(5)
The issuance of a development permit in no way exempts the applicant from obtaining a
business license from the Town and any other Provincial approvals that may be required.
(6)
Employees working in the business shall be limited to the residents of the dwelling unit.
(7)
The accommodation shall be limited to a maximum of two guest rooms.
(8)
A development permit is based solely on the location of use. If a permit holder relocates within
the Town, a new development permit shall be required to continue the use from the new location.
(9)
Accommodation for each group of guests shall be for a maximum of 10 consecutive days or
14 intermittent days over a 21-day period.
(10)
Guest rooms shall not be permitted to contain cooking or kitchen facilities.
(11)
Meals may be provided to registered guests only and meals for guests shall be prepared in the
common kitchen of the principal residence.
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5. CANNABIS PRODUCTION FACILITY
(1) The owner or applicant must provide, as a condition of development approval, a copy of the
current license for all activities associated with medical marijuana production as issued by Health
Canada.
(2) The owner or applicant must obtain, and maintain on a permanent basis, any other approval,
permit, authorization, consent or license that may be required to ensure compliance with
applicable federal, provincial or other municipal legislation.
(3) The development must be carried out in a manner whereby all of the processes and functions are
fully enclosed within a stand-alone building including all loading stalls and docks, and garbage
containers and waste material.
(4) The development shall not operate in conjunction with another approved use.
(5) The development shall not include an outdoor area for storage of goods, materials or supplies.
(6) The development must include equipment designed and intended to remove odours from the air
where it is discharged from the building as part of a ventilation system.
(7) The Development Authority may require, as a condition of development approval, a public utility
and waste management analysis, completed by a qualified professional, that includes detailed
information on:
(a) the incineration of waste products and airborne emissions, including smell;
(b) the quality and characteristics of liquid and waste material discharged by the facility; and
(c) the method and location of collection and disposal of liquid and waste material.
6. CANNABIS RETAIL SALES
(1) A cannabis retail sales use may only be located on lands designated Direct Control (DC).
(2) A cannabis retail sales use must be a separate use from any other uses or business activities
unless expressly authorized by the Alberta Gaming, Liquor and Cannabis Commission (AGLC).
(3) A cannabis retail sales use must obtain the necessary license from the AGLC and proof of license
shall be required as a condition of development approval.
(4) If, at any time, an approved cannabis retail sales use has its AGLC license revoked or the license
expires, the development permit issued to the cannabis retail sales use shall be null and void.
The owner or applicant must obtain, and maintain on a permanent basis, any other approval,
permit authorization, consent or license that may be required to ensure compliance with
applicable federal, provincial or other municipal legislation.
(5) A development application for a cannabis retail sales use shall not be approved if the premises
(measured from the nearest outside wall of the cannabis retail sales use) is located within 300 m
of any of the following:
(a) the boundary of a parcel on which an educational institution is located;
(b) the boundary of a parcel on which a health care facility is located;
(c) the boundary of a parcel designated as school reserve (SR) or municipal and school reserve
(MSR) is located;
(d) the boundary of a parcel on which another cannabis retail sales use is located; or
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(e) the boundary of a parcel containing one of the following uses: child care facility, religious
assembly, educational institution, indoor recreation facility, outdoor recreation facility,
outdoor recreation and sports fields, public park or playground, institutional facility, or any
other land use (unless specifically dealt with otherwise in this section), where, in the opinion
of the Development Authority, persons under the age of 18 are likely to congregate on a
regular basis.
(7) The separation distances noted above are reciprocal and are illustrated, for informational
purposes only, below.
RECIPROCAL SEPARATION AREAS FOR CANNABIS RETAIL SALES
(8) The separation distances specified in Section 6 are not eligible to be varied by the Development
Authority or the Subdivision and Development Appeal Board.
(9) The hours of operation for a Cannabis Retail Sales shall be limited to 9 a.m. to 9 p.m. daily.
(10) Application requirements for a Cannabis Retail Sales use are as follows:
(a) prior to applying for a municipal development permit for a Cannabis Retail Store, the
applicant is required to apply to the AGLC for a determination of eligibility to obtain a licence,
and submit verification of the AGLC eligibility as part of the development application;
(b) a detailed business plan including hours of operation, number of employees and any other
relevant matters;
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(c) documentation demonstrating how the cannabis retail store complies with the Conditions
Governing Cannabis Store Premises under the Alberta Gaming, Liquor and Cannabis
Regulation;
(d) proposed exterior business signage and information demonstrating compliance with the
AGLC store name requirements;
(e) a site plan including details of the proposed store and a detailed listing of surrounding land
uses, both on adjacent (contiguous) parcels and within 300 m from the site subject of the
application (drawn on a high quality and clearly legible site plan with text descriptions).
7. CHILD CARE FACILITIES
All child care facilities may be approved subject to the following conditions and requirements:
(1) An applicant for a child care facility is encouraged to meet and consult with all adjacent land
owners in the vicinity of where the use is proposed and to submit a summary of consultation as
part of a development application.
(2) In any residential district, no exterior alterations shall be undertaken to a dwelling or former
dwelling which would be inconsistent with the residential character of the building or property.
(3) All signage must comply with Schedule 9: Sign Regulations, and a request for more than one sign
or a sign greater than 0.74 m2 (8 ft²) requires a separate development application.
(4) The use shall not generate traffic problems within the district.
(5) A minimum of one on-site parking space per employee at the use at any given time, along with a
minimum of one on-site pick-up and drop-off space for every seven children.
(6) The location of passenger loading zones may be specified as a condition of approval.
(7) Screening for any outdoor play areas must be provided to the satisfaction of the Development
Authority.
(8) All applications for child care facilities shall, as a condition of development approval, obtain the
necessary approvals required from provincial regulatory agencies.
8. CLEAR VISION TRIANGLE FOR CORNER LOTS
On a corner lot, nothing shall be placed, planted or allowed to grow in such a manner as to materially
impede vision between a height of 0.9 m (3 ft) and 3.1 m (10 ft) above the centre line grades of the
intersecting streets in the area bounded by the curb (or where there is no curb, the physical road) of
such corner lots and a line joining points along the said property lines 7.6 m (25 ft) from the point of
intersection.
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CLEAR VISION TRIANGLE
9. CORNER LOT CUT-OFF YARD DIMENSIONS
Where a laneway or roadway has reduced the size of a lot by cutting off a corner of the lot, the minimum
yard dimensions shall apply to the portions of the lot that have not been cut-off by the laneway or
roadway.
10. DECKS AND PATIOS
(1) Decks and patios are distinguished according to height, the former measuring more than 0.6 m
(2 ft) above grade and the latter measuring less than 0.6 m (2 ft) above grade. The height of a
deck or patio is measured from finished grade to the underside of the supporting joist.
(2) A development permit is required for a detached deck.
(3) An attached deck or patio is deemed to form part of the principal building for the purposes of
calculating site coverage ratios.
(4) An attached deck or patio is deemed to form part of the principal building for the purposes of
applying minimum setbacks, except in respect of permitted projections as per Section 25 of this
Schedule.
(5) A privacy wall shall be no greater than 2.0 m (6.5 ft) above the height of a deck or patio.
11. DEVELOPMENT QUALITY
As a mechanism to ensure that development will be carried out in a manner that upholds visual and
architectural quality in the Town's built environment, the Development Authority may attach
reasonable conditions to a development permit respecting the siting, orientation, massing, design,
materials, and general character of buildings.
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12. DRAINAGE, GRADING AND RETAINING WALLS
(1) Roof and surface drainage shall be directed either to the public roadway fronting the property, or
as approved by the Development Authority, to a rear or side property boundary or as approved
in an engineered drainage plan. All surface drainage must be contained on-site and/or directed
into approved municipal infrastructure. In no case shall surface drainage negatively affect
adjacent properties. In the case of residential development, all dwellings and accessory buildings
must be equipped with eaves and downspouts.
(2) The Development Authority may require, as a condition of development approval, special grading
and/or paving to prevent surface drainage problems with neighbouring lots.
(3) The Development Authority may require, as a condition of development approval, engineered
grading and drainage plans in conjunction with a legal survey demonstrating that engineered
grades have been met. These requirements shall be mandatory for any new development located
within the Flood Hazard Area.
(4) The Development Authority may require a retaining wall to be constructed as a condition of
development approval if, in its opinion, significant differences in grade exist or will exist between
the parcel being developed and adjacent lands.
13. DRIVEWAYS
The regulations in this Section are intended to promote safe traffic flows and prevent nuisances.
(1) The Development Authority may regulate driveways as part of the development review process
by prescribing locational and measurable standards, and by determining the suitability of raw
materials to be used in the construction of driveways.
(2) Driveways shall be located a minimum of 4.6 m (15 ft) from the intersection of two public
roadways, and 3.1 m (10 ft) from the entrance to a lane.
(3) The Development Authority may prescribe additional stipulations in terms of where a driveway
and the accompanying physical access shall be located on a lot.
(4) Except where site-specific considerations require otherwise, vehicular access for corner lots will
be limited to locations along the minor street.
(5) Driveways and manoeuvring aisles serving as fire lanes shall be at least 6.1 m (20 ft) wide.
(6) The Development Authority may, where necessary, prescribe a wider minimum width for a
driveway as well as impose other standards respecting the configuration of a driveway.
(7) The Development Authority may, as a condition of development approval, require driveways to
be hard surfaced with pavement, concrete, or similar materials.
14. DRIVE-THRU RESTAURANTS
(1) Exits and entrances shall be as approved by the Development Authority, and circulation within the
lot shall be directional and adequately signed.
(2) When drive-thru service is provided, a minimum length for vehicle stacking shall be provided
before the service window/point, and within the lot as per Schedule 7.
(3) Areas required for parking or circulation of vehicles shall be hard surfaced to the satisfaction of
the Development Authority.
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(4) Front, side and rear yards abutting on parking or circulation areas shall be adequately landscaped
to the satisfaction of the Development Authority.
(5) The Development Authority shall, where necessary to mitigate the effect on adjacent residential
properties, regulate the hours of operation of the drive-thru portion of a restaurant.
15. DWELLING UNITS, ACCESSORY
GENERAL REQUIREMENTS
(1) Only one accessory dwelling unit may be developed in conjunction with a principal dwelling unit.
(2) An accessory dwelling unit shall not be subdivided from the principal dwelling unit.
(3) An accessory dwelling unit consisting of a single bedroom shall provide a minimum of one parking
space, while 2-bedroom units shall provide a minimum of two parking spaces.
(4) An accessory dwelling unit shall have full utility services through service connections from the
principal dwelling unit at the cost of the developer, or a servicing arrangement satisfactory to the
Development Authority.
(5) The minimum gross floor area for an accessory dwelling unit shall be 30.1 m2 (324 ft2).
SECONDARY SUITES
(1) A secondary suite shall be developed in such a manner that the exterior of the principal dwelling
unit containing the secondary suite shall appear as a single-detached dwelling.
(2) A secondary suite shall have a separate entrance from the principal dwelling unit, either directly
from the exterior of the building or from a common indoor landing.
(3) A secondary suite shall have facilities for sleeping, sanitation and food preparation that are
physically separate from those of the principal dwelling unit.
(4) In the case of a secondary suite located completely below the first storey of a single-detached
dwelling, the floor area shall not exceed the floor area of the first storey of the associated principal
dwelling unit (excluding stairways).
(5) In the case of a secondary suite developed completely or partially above grade, the floor area
shall not exceed 40 percent of the total floor area above grade of the building containing the
associated principal dwelling unit.
(6) A secondary suite shall not be developed within the same principal dwelling unit containing a,
Class 2 home occupation unless the Development Authority is satisfied that the amount of traffic
generated will be limited and that adequate parking has been included in the proposal.
BACKYARD SUITES
(1) A backyard suite located on a corner lot shall not take access from the street but shall instead
share the principal front access or take access from the lane.
(2) A backyard suite shall be situated to the rear of the principal dwelling unit and oriented so as to
clearly indicate its subordinance to the principal dwelling unit.
(3) If a backyard suite is attached to a garage, the entrance to the suite shall be separate from that of
the garage, either via direct access from the exterior or from a common indoor landing.
(4) A backyard suite shall be situated no closer than 3.1 m (10 ft) to the principal dwelling unit.
(5) The maximum net floor area for the dwelling portion of an accessory dwelling unit shall be 55.7
m2 (600 ft2).
(6) A backyard suite shall not be developed with a basement.
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(7) Minimum setbacks for backyard suites are as follows:
use
front
secondary
front
side
rear (lane)
rear (no lane)
m
ft
m
ft
m
ft
m
ft
m
ft
backyard
suite
N/A
3.8
12.5
3.1
10
1.5
5
3.1
10
(8) Notwithstanding the minimum and maximum measurable standards prescribed in the table below,
in no case shall a backyard suite exceed the height of the principal building.
use
maximum height
minimum gross floor area
m
ft
m2
ft²
backyard suite
7.6
25
30.1
324
(9) At the discretion of the Development Authority, a backyard suite may be serviced independently
(i.e. separately metered) from the principal dwelling unit.
(10) In order to preserve the privacy of adjacent properties the following design measures shall be
integrated to the satisfaction of the Development Authority:
(a) placement of larger windows in such a way that limits overlook into neighbouring properties;
(b) translucency (i.e. allowing the transport of light but not to the extent where image formation
can be realized) of windows where appropriate;
(c) placement of balconies on a backyard suite to face the rear lane or the larger side yard; and
(d) balconies shall not project into a required setback.
16. DWELLING UNITS, PRINCIPAL
(1) Every development permit application for a principal dwelling unit (including apartment, moved-
in and single-detached, semi-detached) shall be required to submit a drainage plan in accordance
with Schedule 5, Section 13, to the satisfaction of the Development Authority, which shall be
adhered to.
(2) Every development permit application for a principal dwelling unit (including apartment, moved-
in and single-detached, semi-detached) shall be required to submit a landscaping plan consistent
with Schedule 6, and to the satisfaction of the Development Authority, which shall be adhered to.
(3) The Development Authority shall require security, in accordance with Administrative Provisions:
Section 44, amounting to at least $3,000 (or an amount specified elsewhere in this Schedule) and
up to 50% of the total estimated value of the building to ensure the conditions of the development
permit are met and that municipal infrastructure is not damaged during construction. Refund of
the security is contingent upon the Development Authority verifying that the standards listed in
this section have been met and that the conditions of the development permit have been satisfied.
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17. FENCES
(1) No fence exceeding 2.0 m (6.5 ft) in height shall be placed in any front, secondary front, side or
rear yard.
(2) No fence exceeding 1.2 m (4 ft) in height shall be placed in a front yard without obtaining a
development permit. This provision excludes side yard enclosures exceeding 1.2 m (4 ft) in height,
which may project into the front yard up to a maximum of 2.4 m (8 ft) beyond the furthest
projection of the principal building and located on the property line.
(3) A fence exceeding 1.2 m (4 ft) in height may be placed in a front yard if a development permit has
been issued in respect of that enclosure, provided that the enclosure is at least 75% transparent,
thereby allowing for adequate passage of light and air.
(4) The Development Authority shall govern fence siting, height and type in non-residential district.
(5) Subdivision perimeter fencing is subject to the approval of the Development Authority.
(6) Fencing shall not be placed within any developed or undeveloped roadway or laneway. Removal
of such fencing shall be at the landowner's expense.
(7) The Development Authority may regulate the material and colour of any fence for which a
development permit is required.
18. HOME OCCUPATIONS
(1) The issuance of a development permit in no way exempts the applicant from obtaining a business
license from the Town in accordance with the Town of Magrath Business License Bylaw, nor any
other provincial approval(s) that may be required to legally operate a proposed business.
CLASS 1 HOME OCCUPATION
(2) A home occupation is deemed to be a Class 1 home occupation if:
(a) the use involves only an in-home office;
(b) the use involves no outdoor storage;
(c) there is no display of goods on the interior of the residence; and
(d) all sales and/or customer interaction occur off the premises.
(3) A Class 1 home occupation is a permitted use in all residential districts in the Town.
CLASS 2 HOME OCCUPATION
(4) A home occupation is deemed to be a Class 2 home occupation only if:
(a) up to ten home occupation related trips to the residence are anticipated per day;
(b) any associated storage is housed within a building and is not exposed to public view; and
(c) there is a limited display proposed for the inside of the building.
(5) A class 2 home occupation is a discretionary use in all residential districts in the Town.
CLASS 3 HOME OCCUPATION
(6) A home occupation is deemed to be a Class 3 home occupation only if:
(a) home occupation-related trips involve groups of people (eg. team activities, instructional
classes);
(b) any associated storage is housed within a building and is not exposed to public view; and
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SCHEDULE 5 // DEVELOPMENT STANDARDS 11
(c) there is a limited display proposed for the inside of the building.
(7) A class 3 home occupation is a discretionary use in certain residential districts in the Town.
PHYSICAL STANDARDS
(8) No modifications to the principal building shall be undertaken unless those modifications have
been approved in conjunction with the approval for the home occupation.
(9) The applicant shall be responsible for ensuring compliance with all regulations brought into force
under the Safety Codes Act, as well as any standards prescribed by Alberta Health in respect of
any modifications to the principal building.
(10) No modification of electrical or mechanical equipment shall be approved that would cause a fire
rating change in the building or the district in which the home occupation is located.
(11) No variation from the external appearance and residential character shall be permitted, with the
exception of one sign advertising the business.
(12) Class 1 home occupations are allowed to display one window sign not exceeding 0.4 m2 (4 ft²)
advertising the business, while the nature and scale of signs for Class 2 home occupations are
prescribed by the Development Authority. In both cases, a separate development permit is not
required for the sign.
USE PROVISIONS
(13) A home occupation shall be subordinate to the principal use of the dwelling unit as a residence.
(14) The applicant shall be a permanent resident of the dwelling.
(15) No person other than the applicant shall be engaged in the home occupation on the premises
except in accordance with the approval granted by the Development Authority.
(16) Home occupations shall not generate vehicular traffic or parking in excess of that which is
characteristic of the district within which it is located.
(17) The Development Authority may require additional parking spaces to be provided for Class 2 and
3 home occupations.
(18) The Development Authority may regulate any aspect of the home occupation including, but not
limited to, the number and size of vehicles associated with the use, type and extent of screening
of outdoor storage, hours of operation or any other dimension of the use to ensure the amenities
of the neighbourhood are not negatively affected and the principal residential character of the
neighbourhood is upheld.
(19) No offensive noise, vibration, smoke, dust, odours, heat or glare discernible beyond the property
lines shall be produced by the use.
(20) Any associated storage is housed within a building and is not exposed to public view.
(21) Home occupations shall not include activities that use or store hazardous materials, nor any other
use that would, in the opinion of the Development Authority, materially interfere with or affect the
use, enjoyment or value of neighbouring properties.
(22) Home occupations shall not be permitted in any residential district if, in the opinion of the
Development Authority, the use would be more appropriately located in a commercial or industrial
district.
(23) A Class 3 home occupations (involving home occupation related trips by groups of people - eg.
classes, team events) may be limited to a certain number of business trips/activities/events per
week, at the discretion of the Development Authority.
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19. HOT TUBS AND SWIMMING POOLS
(1) Outdoor hot tubs and swimming pools are deemed to be accessory buildings, yet are exempt
from site coverage ratio calculations.
(2) Outdoor hot tubs and swimming pools are prohibited in front yards and secondary front yards.
(3) Outdoor hot tubs and temporary outdoor swimming pools do not require a development permit
but shall be setback a minimum of 1.2 m (4 ft) from all side and rear property lines.
(4) A development permit must be obtained for an in-ground outdoor swimming pool or other type of
permanent outdoor swimming pool.
(5) Permanent outdoor swimming pools shall be setback a minimum of 1.8 m (6 ft) from all side and
rear property lines and shall also adhere to the setbacks prescribed in the applicable district,
whichever is the greater.
(6) Setbacks greater than those specified in this section may be imposed in order to prevent against
seepage or sloughing, or to ensure the privacy and quiet enjoyment of adjacent properties.
20. INFILL DEVELOPMENT
Infill development is expected to be designed in a contextually sensitive manner. Applications for infill
development shall provide, in addition to the normal application requirements set forth in this Bylaw:
(1) a detailed development application including:
(a) existing and proposed grades for the lot to be developed;
(b) existing grades for each adjacent lot; and
(c) location(s) for the stockpiling of materials to be moved through stripping and/or grading;
(2) the setbacks of development on each adjacent lot;
(3) a strategy for the minimization of dust, noise and other nuisances during the development;
(4) measures to be taken to ensure surface drainage of adjacent properties and public rights-of-way
are not unduly affected during or after the development; and
(5) any other matters deemed appropriate by the Development Authority.
21. KENNELS
Any development undertaken pursuant to an approved development permit for a kennel or animal
boarding use shall comply with the Town's Dog Control Bylaw and with the following provisions:
(1) All dog facilities, including buildings and exterior exercise areas, shall be located to the rear of the
principal building.
(2) The Development Authority may determine the maximum number of adult dogs that may be kept
at any one time by the operator of a private or commercial kennel.
(3) All pens, rooms, exercise runs, and holding stalls shall be soundproofed if deemed necessary by
the Development Authority, which shall base its decision on the number of animals to be kept at
the kennel and the proximity of the kennel to other uses in the vicinity.
(4) The times at which the animals are allowed to be kept outdoors may be regulated.
(5) All kennel facilities shall be screened to the satisfaction of the Development Authority from
dwellings on adjacent parcels by both a visual and sound barrier of fences and/or landscaping.
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(6) Kenneling facilities shall be operated in accordance with health regulations and, in particular,
excrement and similar waste shall be disposed of in a manner acceptable to Alberta Health.
(7) Development shall be undertaken in compliance with the Canadian Veterinary Medical
Association Code of Practice for Canadian Kennel Operations.
22. LIGHTING
(1) The type, location and orientation of outdoor lighting provided to illuminate any land, building or
structure shall:
(a) avoid direct illumination of the neighbouring properties;
(b) not adversely affect the use, enjoyment and privacy of any dwelling; and
(c) not interfere with traffic safety on public roadways.
(2) Site lighting may be required as a condition of development approval, and any such lighting shall
be located, oriented and shielded to the satisfaction of the Development Authority so as not to
adversely affect neighbouring properties or traffic safety on public roadways.
23. MOVED-IN BUILDINGS
A moved-in building may be utilized in conjunction with a variety of uses, including a moved-in dwelling.
All uses involving a moved-in building are governed by the following standards:
(1) A moved-in building shall be securely fastened and placed on a permanent, conventional
perimeter foundation approved under the Safety Codes Act.
(2) The Development Authority shall only approve a use involving a moved-in building if it is satisfied
that the quality of the moved-in building is equal to or better than the quality of other buildings in
the surrounding area, or that this outcome can and will be achieved, at the cost of the developer,
through upgrades to the moved-in building prior to the use being commenced.
(3) The Development Authority may impose any conditions on an application for a moved-in building
that it would normally impose on an application for a building constructed on-site.
(4) A moved-in building shall meet all relevant requirements in regulations brought into force under
the Safety Codes Act. An application involving a moved-in building shall not be considered until
such time that a report completed by a certified building inspector or a licensed home inspector,
at the discretion of the Development Authority, has been submitted as proof that the moved-in
building meets these requirements or can be made to meet them.
(5) Where an applicant must undertake upgrades to bring a moved-in building in compliance with this
Bylaw, a timeframe for completion including all stipulated requirements shall be established by
the Development Authority at the time the approval is issued for the development.
(6) An applicant shall provide at least two recent colour photographs showing the exterior of the
proposed moved-in building.
(7) The Development Authority shall require security, in accordance with Administrative Provisions:
Section 44, amounting to at least $5,000 and up to 50% of the total estimated value of the building
to ensure the conditions of the development permit are met and that municipal infrastructure is
not damaged during relocation of the building to the subject parcel. Refund of the security is
contingent upon the Development Authority verifying that the standards listed in this section have
been met and that the conditions of the development permit have been satisfied.
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DEVELOPMENT STANDARDS // SCHEDULE 5
24. MULTI-UNIT DWELLING LOCATION AND DESIGN
The design requirements in this section apply to all buildings containing three or more dwelling units,
regardless of whether the building meets the definition of an apartment or townhouse. Multi-unit
dwellings are to demonstrate thoughtful attention to detail and should integrate such elements as:
(1) consistency with the Municipal Development Plan policies respecting multi-unit dwellings;
(2) accent cladding materials that provide visual interest and are complementary to existing
residential developments in the vicinity;
(3) materials and landscaping that facilitate ease of maintenance while also sustaining curb appeal;
(4) variations in building orientation, height, configuration, massing, and projections and recesses
that contribute visual interest and flair to the streetscape;
(5) design and landscaping measures to an extent sufficient to ensure a quality visually
indistinguishable from the quality of nearby housing; and
(6) integration of private outdoor amenity space (i.e. balconies, patios) for each unit.
25. OUTDOOR STORAGE
This Section applies where outdoor storage is approved as a principal use or in conjunction with an
approved principal use.
(1) Outdoor storage shall be prohibited in the front yard setback as well as in the secondary front
yard setback of any corner lot.
(2) Outdoor storage areas shall be effectively screened from view by buildings, solid fences, trees,
landscaped features or combinations thereof and be maintained in good repair.
(3) Sites for outdoor storage shall be otherwise kept in a neat and orderly manner.
26. PERMITTED PROJECTIONS INTO SETBACKS
(1) The permitted projections into setbacks listed in this section do not constitute an exemption from
any requirements under the Safety Codes Act.
(2) The permitted projections into setbacks listed in this section do not override the requirement to
maintain a clear vision triangle for corner lots.
(3) In no circumstance shall a building or structure encroach onto an adjoining parcel.
(4) The following features may project into the minimum required yard setbacks:
(a) unenclosed steps or unenclosed fire escapes to a maximum of 2.0 m (6.5 ft) into a front or
rear yard and 0.9 m (3 ft) into a side yard;
(b) a wheelchair ramp to a maximum of 3.1 m (10 ft);
(c) fences and other enclosures as per the applicable district and Section 16 of this Schedule;
(d) driveways, curbs and sidewalks;
(e) off-street parking as per Schedule 7;
(f)
service meters;
(g) mailboxes;
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SCHEDULE 5 // DEVELOPMENT STANDARDS 15
(h) flagpoles not exceeding a height of 4.9 m (16 ft);
(i)
landscaping, fishponds, dog houses, lawn ornaments, barbeques and similar features
ancillary to residential use not exceeding a height of 2.0 m (6 ft);
(j)
play houses not exceeding a height of 4.9 m (16 ft);
(k) signs, in accordance with Schedule 9;
(l)
balconies that are unenclosed to a maximum of 2.0 m (6.5 ft) into a rear yard; and
(m) privacy walls less than 2.0 m (6.5 ft) above the top of the finished floor elevation of a balcony,
deck or patio may project the same distance as the approved balcony, deck or patio.
(5) The portions of an attachment to a principal building which may project over a required yard
setback are as follows:
(a) eaves, fireplace chases, bay windows, sills, projecting stones, temporary awnings or other
similar architectural features may project:
(i)
a maximum of 0.6 m (2 ft) over a side yard setback; and
(ii)
a maximum of 1.2 m (4 ft) over a front or rear yard setback;
(b) in a front yard, cantilevers not exceeding 40% of the front wall area may project a maximum
of 0.6 m (2 ft);
(c) in a side yard, cantilevers may project a maximum of 0.6 m (2 ft) where the projection does
not exceed 40% of one side wall and 20% of the other;
(d) in a rear yard, cantilevers may project a maximum of 0.6 m (2 ft).
(e) uncovered decks to a maximum of 2.0 m (6.5 ft) into a rear yard in all residential districts;
(f)
uncovered decks to a maximum of 1.5 m (5 ft) into a front yard, provided it does not exceed
40% of the width of the principal building, in all residential districts;
(g) at-grade patios (less than 0.6 m above grade and attached or unattached to principal
dwelling) up to 100% of one (1) side yard setback provided that a 1.2 m (4 ft) setback is
maintained for the other side yard, in all residential districts; and
(h) at-grade patios (less than 0.6 m above grade and attached or unattached to principal
dwelling) into a front yard or rear yard, provided that a 3.0 m (10 ft) setback is maintained, in
all residential districts.
27. PREFABRICATED BUILDINGS, MODULES AND PANELS
(1) All prefabricated residential, commercial and industrial buildings, modules and panels must be
certified in accordance with CSA A277 as proof of compliance with the Safety Codes Act.
(2) A prefabricated building is bound by all measurable standards prescribed in the applicable district.
(3) A prefabricated building shall be securely fastened and placed on a permanent, conventional
perimeter foundation approved under the Safety Codes Act.
(4) A prefabricated building shall only be approved if, in the opinion of the Development Authority,
the design, character and appearance of the building will be at least equal to that of existing
buildings in the vicinity of the proposal. Factors such as exterior finish, colour and roofing material
may be stipulated as a condition of development approval.
(5) An application for a prefabricated dwelling unit shall be accompanied by professional building
plans illustrating the exterior design, floorplans and elevations and demonstrating a minimum
width of 7.3 m (24 ft) and a minimum roof pitch of 4/12.
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DEVELOPMENT STANDARDS // SCHEDULE 5
(6) A prefabricated single-detached dwelling located in an R1, SR or R3 District shall not be less than
9.1 m (30 ft) wide and with a length to width ratio of not more than 2.5 to 1.
(7) All other standards in this Bylaw governing site-built development apply likewise to development
involving a prefabricated building or a building constructed from prefabricated modules or panels.
28. PRINCIPAL BUILDING SETBACKS IN RESIDENTIAL AREAS
The Development Authority may waive the minimum required yard setback requirement for a principal
building in a well-established residential area if, in its opinion:
(1) the proposed setback conforms to the existing and prevailing neighbourhood yard pattern;
(2) the building and its proposed location (inclusive of any existing or proposed additions) are
compatible with the form, scale and massing of surrounding dwellings; and
(3) the proposal complies with the appropriate section of this Bylaw specifying any and all
requirements in considering applications requiring a variance.
29. RENEWABLE ENERGY, INDIVIDUAL ACCESSORY SOURCES
The Development Authority is authorized to issue development approvals for minor renewable energy
sources that are accessory to an approved principal use, in addition to the structures for which specific
standards are provided, including but not limited to, heat exchange systems, generators, turbines, etc.
provided that any additional approvals or standards required at the municipal, provincial and/or federal
levels are met or exceeded. For commercial and industrial renewable energy development, see
Schedule 8.
30. RESIDENTIAL ACCOMMODATION IN CONJUNCTION WITH A
###COMMERCIAL OR INDUSTRIAL USE
(1) Residential accommodation in conjunction with a commercial or industrial use may be approved
where in the opinion of the Development Authority:
(a) it is not inappropriate, from a health and safety perspective, for the dwelling unit(s) to be
housed within the same building or located on the same site as the approved commercial or
industrial use;
(b) the principal use of the property for commercial or industrial purposes is maintained; and
(c) the front facade of the building is maintained as a commercial or industrial premise.
(2) The dwelling unit(s) will be limited to a size and extent that are reasonably necessary for habitation
without precluding the development or expansion of adjacent commercial or industrial uses.
31. SATELLITE DISHES AND TELECOMMUNICATION ANTENNAS
(1) In all residential districts:
(a) satellite dishes greater than 1.0 m (3 ft) in diameter or radio or television antenna shall be
classified as an accessory structure and shall be placed in the rear or side yard; and
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SCHEDULE 5 // DEVELOPMENT STANDARDS 17
(b) satellite dishes greater than 1.0 m (3 ft) in diameter shall not be mounted or attached to the
roof of any dwelling or accessory building and shall not be illuminated or contain advertising
other than the manufacturer's trademark or logo.
(2) Radio and television antennas, which are not regulated by Industry Canada, fall under "accessory
development" for the purposes of use allocation.
32. SERVICE STATIONS
(1) Notwithstanding the district regulations prescribed in Schedule 4, a use pursuant to this section
shall not be located on sites which, in the opinion of the Development Authority, would be
considered unsafe in terms of ingress to the site, egress from the site, and vehicle circulation
within the site.
SITE AREA (MINIMUM)
(2) Minimum site areas are as follows:
(a) service station: 1,449 m2 (15,600 ft²);
(b) service station including car wash: 2,700 m2 (29,063 ft²);
(c) where a service station forms part of a shopping centre, the area containing the service
station or gas bar buildings and pump areas: 1,000 m2 (10,764 ft²); and
(d) where a service station is combined with a convenience store: 1,200 m2 (12,917 ft²).
BUILDINGS SETBACKS
(3) The proposed location(s) and design of all fuel storage tanks shall be approved under the Safety
Codes Act.
(4) Fuel storage tanks shall have the following minimum setbacks from any property lines, abutting
masonry building walls, drainage basins and ditches, or a greater setback if required by the
district:
Up to 7,500 litres
3.1 m (10 ft)
7,501 to 19,000 litres
4.9 m (16 ft)
19,001 to 38,000 litres 7.6 m (25 ft)
Over 38,000 litres
10.7 m (35 ft)
(5) The ventilation tank pipes shall have a minimum height of 3.4 m (11 ft) from grade, and a minimum
setback of 0.9 m (3 ft) from any property line. Where the ventilation tank pipes are abutting to a
building opening, the setback requirement shall be a minimum of 1.2 m (4 ft).
(6) Ventilation tank pipes shall have a minimum setback of 7.6 m (25 ft) from fuel-dispensing units.
(7) The minimum front yard requirements shall be as prescribed in the district in which the use is
located but in no case shall be less than 3.1 m (10 ft).
(8) The minimum side and rear yard setbacks shall be as prescribed in the relevant district.
(9) Yard setbacks shall apply to all above ground structures, including gas pump canopies.
SITE AND BUILDING REQUIREMENTS
(10) All parts of the site to which vehicles may have access shall be hard surfaced if the property is
accessed from a paved public road or lane, and drained to the satisfaction of the Development
Authority.
(11) Circulation areas shall be surfaced and drained to the satisfaction of the Development Authority.
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33. SHIPPING CONTAINERS
(1) Any shipping container measuring 10.0 m2 (107 ft2) or more that has been relocated from off-site
must obtain a building permit under the Safety Codes Act. This provision applies to shipping
containers used for storage, including containers that have not been structurally modified.
TEMPORARY USE OF SHIPPING CONTAINERS FOR STORAGE
(2) As per Schedule 3: Development Not Requiring a Development Permit, the temporary use of a
single shipping container in connection with construction or moving undertaken in compliance
with this Bylaw is exempt from the development approval process provided it meets the criteria
in Schedule 3. Notwithstanding, the temporary use of a shipping container must abide by all
dimensional and other requirements in this Bylaw.
(3) The temporary use of a single shipping container for storage in connection with construction
undertaken in compliance with this Bylaw is not exempt from the development approval process
if the duration of use exceeds the allowable time frame specified in Schedule 3.
(4) The Development Authority may authorize the temporary use of a shipping container as storage
to continue for a period up to 6 months beyond the time frame prescribed in Schedule 3 by issuing
a temporary development permit. The posting of security may be required as a condition of
development approval. For clarity, this provision allows for a temporary shipping container to be
in place for a total period of 12 months.
(5) The applicant is responsible for ensuring the shipping container is removed from the parcel upon
expiration of the temporary permit.
PERMANENT USE OF SHIPPING CONTAINERS FOR STORAGE
(6) A development permit must be obtained for any permanent use of a shipping container.
(7) The permanent use of shipping containers for storage is prohibited in residential districts.
(8) The maximum number of shipping containers that may be approved on a parcel is as per the
applicable land use district, subject to the approval of the Development Authority
(9) There shall be an approved principal use established on the subject property.
(10) A shipping container for permanent use shall not be located in a front yard.
(11) The Development Authority may require a shipping container to be screened from view.
(12) Shipping containers shall not be stacked.
(13) A development application involving the permanent use of a shipping container shall include a
minimum of two recent colour photographs of the container.
(14) The Development Authority may require the exterior of a shipping container to be sandblasted,
or otherwise kept clean and regularly painted in a neutral or complementary colour to match the
existing building(s) on the property.
(15) A shipping container for permanent use shall not display advertising, company logos, names or
other marketing without an approved sign permit issued under Schedule 9.
SHIPPING CONTAINERS AS BUILDING MATERIALS
(16) The provision in the preceding section respecting the maximum number of shipping containers
does not apply where the containers are used as a building or integrated as building materials.
(17) A development proposal involving either the use of shipping containers as a building or integrating
shipping containers as building materials must abide by the following:
(a) the use of the proposed building is either permitted or discretionary in the district in which
the development is proposed;
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SCHEDULE 5 // DEVELOPMENT STANDARDS 19
(b) the applicant has demonstrated that the proposal will comply with all regulations brought into
force under the Safety Codes Act via the submission of engineering reports and/or stamped
schematic drawings; and
(c) the Development Authority is reasonably assured that the design, character and appearance
of the finished building will be compatible with other buildings in the vicinity.
34. SMALL WIND ENERGY SYSTEMS
This section is intended to implement the necessary procedural requirements and standards
respecting the development of small wind energy systems, while protecting the scenic and natural
resources of the Town and the health, safety and welfare of its residents.
Type A small wind energy system: This use is defined as a small wind energy system that is either
roof mounted or has a tower which does not exceed 12.2 m (40 ft) in height.
Type B small wind energy system: This use is defined as a small wind energy system that has a
tower which is greater than 12.2 m (40 ft) in height but does not exceed 24.4 m (80 ft) in height.
DEVELOPMENT APPLICATION REQUIREMENTS
(1) Small wind energy systems shall require a development permit depending on their location, as
per the regulations for the districts in which they are allowed. Where applicable, an application
for a small wind energy system shall include:
(a) the location of existing buildings or improvements;
(b) proof that the system was commercially manufactured (i.e. make and model number);
(c) the manufacturer's specifications indicating:
(i)
safety features and sound characteristics;
(ii) the rated output in kilowatts;
(iii) type of material used in tower, blade, and/or rotor construction;
(d) the potential for electromagnetic interference;
(e) the nature and function of over speed controls which are provided;
(f)
specifications on the foundations and/or anchor design, including location and anchoring of
any guide wires;
(g) information demonstrating that the system will be used primarily to reduce on-site
consumption of electricity;
(2) Prior to making a decision on a development application for a Small wind energy system, the
Development Authority may refer and consider the input of the following agencies and
departments:
(a) Alberta Utilities Commission,
(b) Transport Canada,
(c) Navigation Canada.
SETBACKS
(3) A Small wind energy system shall comply with all the setbacks that govern the principal use in the
district in which it is located.
(4) No part of the wind system structure, including guy wire anchors, may extend closer than 3.1 m
(10 ft) to the property boundaries of the installation site.
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DEVELOPMENT STANDARDS // SCHEDULE 5
(5) The system's tower shall be set back a minimum distance equal to the height of the tower from
all parcel lines, and a minimum distance of 3.1 m (10 ft) from any other building or structure on
the parcel on which the system is located. On parcels 4.1 ha (10 acres) or more, the parcel line
setback may be reduced if the applicant demonstrates that:
(a) because of topography, strict adherence to the setback requirement would result in greater
visibility of the system's tower than a reduced setback; and
(b) the system's tower is set back a minimum distance equal to the height of the tower from any
building or structure on adjoining parcels.
DEVELOPMENT STANDARDS
(6) There shall be a limit of one small wind energy system per parcel.
(7) Subject to the allocation of use (Type A or Type B) in the particular district, the system's tower
shall not exceed a maximum height of 12.2 m (40 ft) on a parcel of less than 0.40 ha (1 acre), a
maximum of 19.8 m (65 ft) on a parcel of 0.4 ha (1 acre) to less than 2.0 ha (5 acres), and maximum
height of 24.4 m (80 ft) on a parcel 2.0 ha (5 acres) or more. Notwithstanding the above, in no
case shall a Type A system exceed 12.2 m (40 ft) in height and in no case shall a Type B system
exceed 24.4 m (80 ft).
(8) The system's tower shall be located and screened by landforms, natural vegetation or other
means to minimize visual impacts on neighbouring residences, roadways and public areas.
(9) The system's tower and supporting structures shall be painted a single, neutral, non-reflective,
non-glossy (for example, earth-tones, grey, black) that, to the extent possible, visually blends the
system with the surrounding natural and built environments.
(10) The system shall be equipped with manual and automatic over speed controls. The conformance
of rotor and over speed control design and fabrication to good engineering practices shall be
certified by a licensed mechanical, structural or civil engineer.
(11) The system's tower-climbing apparatus and blade tips shall be no closer than 4.6 m (15 ft) from
ground level unless the system is enclosed by a 1.8 m (6 ft) high fence.
(12) The system's utility lines shall be underground where economically practical.
(13) The system shall be operated such that no electro-magnetic interference is caused.
(14) The system shall be located in the rear yard.
(15) Small wind turbines shall not exceed 50 dB(A), or in excess of 5 dB(A) above the background
noise, whichever is greater. The level, however, may be exceeded during short-term events
including utility outages and severe windstorms.
(16) Brand names or advertising associated with the system or the system's installation shall not be
visible from any public place.
(17) Upon abandonment or termination of the system's use, the entire facility, including the system's
tower, turbine, supporting structures and all equipment, shall be removed and the site shall be
restored to its pre-construction condition.
35. SOLAR COLLECTORS
(1) A solar collector must be located so as to not create undue glare on neighbouring property or
roadways.
(2) An attached solar collector that is mounted to the roof of a building:
(a) may project a maximum of 1.2 m (4 ft) from the surface of the roof;
(b) must not extend beyond the outermost edge of the roof; and
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SCHEDULE 5 // DEVELOPMENT STANDARDS 21
(c) shall not exceed the maximum building height allowed in the applicable district.
(3) An attached solar collector that is mounted to the wall of a building:
(a) must be located a minimum of 2.3 m (7.5 ft) above grade;
(b) may, subject to the minimum setbacks of the applicable district, project a maximum of 0.6 m
(2 ft) from the surface of the wall when the wall faces the front, secondary front or side
property line; and
(c) may, subject to the minimum setbacks of the applicable district, project a maximum of 1.5 m
(5 ft) from the surface of the wall when the wall faces the rear property line.
(4) A freestanding solar collector:
(a) shall meet the minimum required setbacks in the applicable district;
(b) shall not exceed 1.8 m (6 ft) in height above existing grade;
(c) shall not be located in the front, secondary front or side yard; and
(d) shall only be approved where the size and scale of the array is, in the opinion of the
Development Authority, consistent with the nature and character of the land use district in
which it is located.
36. TELECOMMUNICATION ANTENNA SITING PROTOCOLS
Telecommunication, radio communication and broadcast antenna systems are regulated by Industry
Canada. An applicant proposing to locate a telecommunication, radio communication or broadcast
antenna system within the Town, which does not meet the exclusion criteria in Appendix A shall be
subject to the following siting protocols:
CO-UTILIZATION
(1) The applicant shall be requested to identify any other similar antenna systems within a radius of
500 m (1,640 ft) of the proposed location and to provide documentary evidence that co-utilization
of the existing antenna systems is not a viable alternative to the proposed antenna.
SITING
(2) The applicant shall be requested to identify siting options and any alternative locations.
APPEARANCE
(3) Antenna systems which are visible from residential areas are encouraged to employ innovative
design measures to mitigate the visual impact of the antenna system.
LANDSCAPING
(4) The landscaping requirements of the district in which the development is proposed should be
integrated into the site design, except where existing site vegetation is deemed comparable by
the Development Authority to the district requirements.
LIGHTING AND SIGNAGE
(5) Lighting in addition to that which is required by applicable federal agencies shall be avoided.
Security lighting may be considered provided it complies with the district-specific regulations, but
no advertising signage shall be permitted.
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DEVELOPMENT STANDARDS // SCHEDULE 5
MUNICIPAL CONCURRENCE
(6) The applicant shall be required to present the development proposal to the Development
Authority at a public meeting held in accordance with Section 35(8) of this Schedule and submit
the following plans at least 14 days before the scheduled meeting:
(a) site plan identifying the location of the proposed improvements, access, distance from
property lines, easements, rights-of-way or any other development constraint on the
property, proposed fencing or other security measures, and landscaping plan; and
(b) antenna height, type, design, material, appearance and lighting.
(7) Upon conclusion of the public consultation process, the Development Authority will issue a
response to the applicant in writing indicating either concurrence of the development proposal or
specific concerns or comments relating to the antenna system.
PUBLIC CONSULTATION
(8) The applicant shall be required to hold a public meeting before the Development Authority at the
Town Office or another location approved by the Town administration to explain all aspects of the
proposal, including but not limited to siting, technology and physical appearance.
(9) The Town may notify all landowners within a distance of 500 m (1,640 ft) of the proposed structure
at the expense of the applicant.
37. USES INVOLVING LIQUOR SERVICE
This Bylaw regulates the service of liquor where associated with land uses that are regulated by this
Bylaw and does not pertain to special events or other activities not regulated by this Bylaw but that
may be dealt with by a separate bylaw of the Town.
LICENSED RESTAURANTS
(1) The inclusion of liquor service within a restaurant shall only be allowed where a development
application for a "restaurant, licensed" is approved by the Development Authority, and shall be
restricted to a "Class A - Minors Allowed" license issued by the Alberta Gaming, Liquor and
Cannabis Commission (AGLC).
(2) The hours of liquor service for a "restaurant, licensed" shall be restricted to between 11:00 a.m.
and 1:00 a.m.
LICENSED FACILITY
(3) The inclusion of liquor service as part of a facility shall only be allowed where a development
application for a "facility, licensed" is approved by the Development Authority, and shall be
restricted to a Class B or Class C liquor license issued by the AGLC.
(4) Development Authority may regulate the hours of liquor service for a "licensed facility."
APPLICATION REQUIREMENTS AND DEVELOPMENT STANDARDS
(5) A detailed business plan including hours of operation, number of employees, exterior signage
related to liquor and any other relevant matters.
(6) New or existing developments proposing a licensed use shall be required to complete a Crime
Prevention Through Environmental Design (CPTED) analysis and, where required by the
Development Authority, incorporate CPTED design principles into the design of the development.
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SCHEDULE 5 // DEVELOPMENT STANDARDS 23
PROHIBITED LIQUOR USES
(7) Except for licensed restaurants and licensed facilities as defined in Schedule 2 and provided for
in this Section, all other uses involving liquor are prohibited in the Town, including but not limited
to "liquor store," which is defined in Schedule 2 but does not appear in any land use districts.
38. WATER BODIES AND RIPARIAN AREAS
The Development Authority may place development related conditions, including setbacks, on an
application for development approval that may impact a water body, riparian area, and/or
environmentally significant areas in accordance with the management practices outlined in Stepping
Back from the Water.
SCHEDULE 6
LANDSCAPING & SCREENING
REGULATIONS
Land Use Bylaw No. 1284
Land Use Bylaw No. 1284
SCHEDULE 6 // LANDSCAPING & SCREENING REGULATIONS
1
SCHEDULE 6
LANDSCAPING & SCREENING REGULATIONS
1. PURPOSE AND INTENT
(1) To provide for an attractive, aesthetic and high-quality urban environment in all districts.
(2) To provide for environmental buffers or transition areas between incompatible land uses as well
as sensitive environmental interfaces.
(3) To specify minimum standards that acknowledge the capacity for a thoughtfully managed
landscape to contribute economic, social and environmental value to the broader community.
2. APPLICABILITY
The standards and requirements established in this schedule shall apply to all new developments.
Where an existing developed property does not meet the requirements of this Schedule and an
application is brought forth to make minor additions or other improvements to the property, the
Development Authority may consider imposing realistic landscaping improvements as a condition of
development approval. This provision does not apply to changes in use, ownership or tenancy where
no proposed physical alterations are involved.
3. MINIMUM REQUIREMENTS FOR ALL DISTRICTS
(1) All required landscaping must be completed within 24 months from the date on which the
development permit was issued, unless the terms of the permit specify otherwise, or an extension
has been granted.
(2) The quality and extent of landscaping required pursuant to an approved development permit shall
serve as the minimum standard to be maintained throughout the life of the development.
(3) Any area not constructed upon shall be developed or landscaped to the satisfaction of the
Development Authority at the time of development approval.
(4) The Development Authority may impose landscaping requirements as a condition of development
approval if, in its opinion, such requirements would improve the quality and/or compatibility of any
development proposal with existing uses in the vicinity.
(5) The Development Authority may require, as a condition of development approval, screening for
permitted and discretionary uses which involve the outdoor storage of recreational vehicles,
vehicles, boats, machinery, building materials, scrap metal, junk, other waste materials and other
items.
(6) Vegetation and other landscaping features shall be placed in a manner which will not obstruct
access to any fire hydrant, utility or appurtenance thereto, nor impede clear vision for traffic.
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LANDSCAPING & SCREENING REGULATIONS // SCHEDULE 6
(7) The majority of any required landscaping shall be concentrated in those yards adjacent to
streets/roads unless the developer can show reasonable cause why this cannot occur, to the
satisfaction of the Development Authority.
(8) A professionally prepared landscaping plan may be required by the Development Authority at the
time of the submission of a development application or placed as a condition of development
approval, unless otherwise specified in this Bylaw.
(9) Existing vegetation should be preserved and protected unless the need for removal is
demonstrated to the satisfaction of the Development Authority.
(10) All natural landscaping shall be planted in accordance with good horticultural practice.
(11) At the time of planting, the minimum calliper width for all trees required as part of a specific
development project shall be 20 millimetres (0.8 in).
(12) Landscaping shall consist of the following materials:
(a) vegetation (trees, shrubs, lawn, flowers);
(b) ground cover such as boulders, bark chip, field stone, crushed rock, or other similar features;
(c) berming, terracing;
(d) innovative landscaping features;
(f)
front walkways and steps; and
(e) landscape ornaments.
4. MINIMUM REQUIREMENTS FOR COMMERCIAL / INDUSTRIAL
(1) Except for lands located within the Central Commercial (C1) district, an appropriately sized area
proportional to the size of the building, and located directly adjacent to the front or secondary
front orientation of the principal building shall be landscaped. The size and location of required
landscaping shall be determined by the Development Authority with the aim of providing an
appreciable area that serves to beautify the site.
(2) Landscaping in addition to the landscaping required in Section 4(1) may be required where the
Development Authority finds it necessary to improve the appearance, screening or compatibility
of the site, or as a trade-off for a variance of a separate measurable standard in this Bylaw.
(3) For development on parcels located within the Central Commercial (C1) district, where a principal
building is not developed to the front property boundary, the front setback shall be
comprehensively landscaped to the satisfaction of the Development Authority.
(4) For commercial and industrial development on parcels located outside of the Central Commercial
(C1) district and that are adjacent to municipal roadways, a minimum 3.1 m (10 ft) landscape
buffer is required (except for those areas occupied by sidewalks and driveways) and shall be
located to the satisfaction of the Development Authority.
(5) All lots or sites abutting a residential district shall be buffered and/or screened to the satisfaction
of the Development Authority.
(6) Parking lots shall be landscaped to the satisfaction of the Development Authority.
(7) Parking or storing of vehicles is not permitted on required landscaping areas unless approved
specifically as an outdoor display area as part of an approved development.
(8) In both commercial districts, trees may be required as part of an overall landscaping plan, and
shall be planted at the overall minimum ratio of one tree per 27.9 m2 (300 ft²) of landscaped area
provided.
Land Use Bylaw No. 1284
SCHEDULE 6 // LANDSCAPING & SCREENING REGULATIONS
3
(9) In all industrial districts, trees are required as part of an overall landscaping plan and shall be
planted at the overall minimum ratio of one tree per 46.5 m2 (500 ft²) of landscaped area provided.
(10) Wherever space permits and where acceptable to the Town, trees shall be planted in groups.
(11) To ensure the continued care of lawns and other vegetation, developers may be required to install
underground watering/irrigation systems as a condition of development approval.
5. MINIMUM REQUIREMENTS FOR RESIDENTIAL
(1) A minimum of 25% of the front yard area of the principal building shall be required to contain
landscaping as described in Section 3(12), for all single-detached dwellings and semi-detached
dwellings.
(2) A comprehensive, professionally prepared landscaping plan shall be required for all major multi-
unit residential developments consisting of three or more dwelling units.
(3) A basic landscaping plan shall be required for all single-detached dwelling and semi-detached
dwellings, to the satisfaction of the Development Authority, that illustrates the proposed vegetation
and hardscape materials for the purposes of beautifying and enhancing the front yard area.
(4) Parking or storing of vehicles is not permitted on any required landscaping area.
6. LANDSCAPING SECURITY AND IMPLEMENTATION
(1) A refundable security of $3,000 may be required as a condition of development approval to ensure
compliance with any and all landscaping requirements to the satisfaction of the Development
Authority.
(2) If the costs for implementation of the required and approved landscaping for a commercial,
industrial, major multi-unit residential dwelling or institutional project exceed the refundable
security of $1,000, the Development Authority may require the applicant and/or landowner to
provide an estimate of the cost of landscaping (including all site work and/or irrigation) and may
secure up to 100% of the cost of such landscaping until such time that it has been determined
that all landscaping has been provided and is healthy/viable, to the satisfaction of the Development
Authority.
(3) If the landscaping requirements are not completed to the satisfaction of the Development
Authority within 24 months of occupancy, the refundable security shall be forfeited by the
applicant/landowner or the security held in trust may be collected by the Town and used to
complete the landscaping.
SCHEDULE 7
OFF-STREET PARKING & LOADING
REGULATIONS
Land Use Bylaw No. 1284
Land Use Bylaw No. 1284
SCHEDULE 7 // OFF-STREET PARKING & LOADING REGULATIONS
1
SCHEDULE 7
OFF-STREET PARKING & LOADING REGULATIONS
1. APPLICABILITY
(1) This Schedule does not apply to proposals involving strictly a change of use, where a building
and approved use exist on the subject property and the proposal would not increase the gross
floor area, nor create a dwelling unit, nor reduce the number of off-street parking spaces.
(2) The off-street parking and loading requirements and design standards apply to:
(a) the development of all new buildings, and
(b) the expansion or enlargement of existing buildings or uses, where additional off-street
parking spaces will only be required to serve the expanded or enlarged area.
2. MINIMUM REQUIRED OFF-STREET PARKING
(1) The minimum required off-street parking for an approved development proposal shall be
calculated as per the table in this Schedule titled "Minimum Required Off-Street Parking."
(2) All required off-street parking shall be provided at the time of construction and prior to occupancy.
(3) The applicant must provide a site plan (and in some cases an alternative site plan) showing the
location and dimensions of all off-street parking requirements.
(4) Off-street parking requirements based on floor area are to be computed on the gross floor area
of the building, unless otherwise stipulated in this Bylaw.
(5) Calculations resulting in a fractional number of 0.5 or greater shall be rounded up.
(6) Development involving multiple uses must provide parking in an amount equal to the number of
spaces for all uses, except where a shared parking provision is approved by the Development
Authority. An alternative site plan shall be submitted in proposing a shared parking scenario and
is based upon the proposed sharing of parking spaces between two or more uses on a lot and/or
utilization of lot area on a lot other than that in which the use is proposed and must include a
written agreement between the owners on record. Where such off-site parking is approved, a
caveat may be registered against the lot(s) to guarantee the continuous use of the site for parking.
(7) Where a use is not listed, minimum required off-street parking shall be prescribed by the
Development Authority having regard for the listed use that is most similar to the proposed use.
In special circumstances, the Development Authority may require a parking study to be prepared
by a qualified professional at the applicant's expense to determine the parking requirements for
a use not listed in the table in this Schedule titled "Minimum Required Off-Street Parking."
(8) All required parking spaces shall be provided on the same lot as the principal use, except where
the Development Authority may approve an alternative site plan in permitting off-site parking
spaces to be provided on a lot within 152.4 m (500 ft) of the principal use if, in the Development
Authority opinion, it is impractical to provide parking on the same lot as the principal use. Where
such off-site parking is approved, a caveat may be registered against the lot(s) to guarantee the
continuous use of the site for parking for the life of the development.
Land Use Bylaw No. 1284
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OFF-STREET PARKING & LOADING REGULATIONS // SCHEDULE 7
Minimum Required Off-Street Parking
USE
MINIMUM PARKING SPACES
accessory dwelling unit
1 space for 1-bedroom unit, 2 spaces for 2-3 bedroom
unit
apartment
2 spaces per unit plus 0.5 space per unit for visitor
parking
automotive repair and service
1 space/46.5 m2 (500 ft²) of gross floor area
automotive sales
1 space/46.5 m2 (500 ft²) of gross floor area
boarding house
1 space per bedroom
building supplies store
1 space/50 m2 (538.2 ft2) of gross floor area
business support services
1 space/50 m2 (538.2 ft2) of gross floor area
car wash
1 space per employee
child care facility
1 space per employee plus 1 space for every 7 children
contractor, building and trade
1 space/65.0 m2 (700 ft²) of gross floor area
convenience store
1 space/27.9 m2 (300 ft²) of gross floor area
cultural facility
1 space/9.29 m2 (100 ft²) plus 1 space per employee
drive-thru
1 space/5.1 m2 (55 ft²) of seating area plus 1 space per
employee
duplex
2 spaces per dwelling unit
educational institution
3 spaces per classroom
equipment sales and service
1 space/65.0 m2 (700 ft²) of gross floor area
farm/industrial machinery sales &
service
1 space/65.0 m2 (700 ft²) of gross floor area
financial institution
1 space/37.2 m2 (400 ft²) of gross floor area
food processing facility
1 space/50 m2 (538.2 ft2) of gross floor area
food store
1 space/50 m2 (538.2 ft2) of gross floor area
funeral facility
1 space/5 seating spaces plus 1 space per employee
garden centre
1 space/37.2 m2 (400 ft²) of gross floor area
grocery store
1 space/37.2 m2 (400 ft²) of gross floor area
health care facility
1 space per 2 beds plus 1 space per employee
home occupation, Class 2
1 space
horticultural operation
1 space/65.0 m2 (700ft²) of gross floor area
hotel/motel
1 space per guest room
kennel
1 space/46.5 m2 (500 ft²) of gross floor area
light fabrication shop
1 space/65.0 m2 (700 ft²) of gross floor area
manufactured dwelling
2 spaces per dwelling unit
manufacturing, light
1 space/65.0 m2 (700 ft²) of gross floor area
mini storage facility
1 space per employee plus 2 spaces for visitor parking
office
1 space/46.5 m2 (500 ft²) of gross floor area
Land Use Bylaw No. 1284
SCHEDULE 7 // OFF-STREET PARKING & LOADING REGULATIONS
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personal services
1 space/37.2 m2 (400 ft²) of gross floor area
pet care services
1 space/46.5 m2 (500 ft²) of gross floor area plus 1
space per employee
religious assembly
1 space/4 seating spaces
residential accommodation in
conjunction with a commercial or
industrial use
1 space per dwelling unit
residential care facility
1 space per employee
restaurant
1 space per 4 seats plus 1 space per employee
retail, small-scale
1 space/37.2 m2 (400 ft²) of gross floor area
retail, large-scale
1 space/37.2 m2 (400 ft²) of gross floor area
single-detached dwelling
2 spaces per dwelling unit
semi-detached dwelling
2 spaces per dwelling unit
seniors supportive housing facility
1 space per 2.5 dwelling units
service station
1 space/37.2 m2 (400 ft²) of gross floor area
shopping centre
1 space/23.2 m2 (250 ft²) of gross floor area
theatre
1 space per 2 seating places
townhouse
2 spaces per unit plus 0.5 space per unit for visitor
parking
travel plaza
1 space/37.2 m2 (400 ft²) of gross floor area
truck transportation depot
1 space/65.0 m2 (700 ft²) of gross floor area
veterinary clinics (large or small
animal)
1 space/46.5 m2 (500 ft²) of gross floor area
visitor information centre
1 space/46.5 m2 (500ft²) of gross floor area
warehouse, retail
1 space/65.0 m2 (700 ft²) of gross floor area
wholesale, storage
1 space/65.0 m2 (700 ft²) of gross floor area
3. OFF-STREET PARKING DESIGN STANDARDS
(1) Off-street parking areas shall be accessible and designed in a manner which will provide for
orderly parking in accordance with the minimum parking space dimensions specified in the figures
in this Schedule titled "Parking Layout Alternatives."
(2) Designs proposing tandem or stacked parking to a maximum of two vehicles per stall may be
approved by the Development Authority provided the spaces are for employee parking only.
(3) The stall width and depth requirements for an off-street parking space may be reduced by the
Development Authority where spaces are designed to accommodate compact vehicle parking.
(4) Where a use or development may need to accommodate over-sized vehicles such as tractor-
trailers, large recreational vehicles, buses or other similar vehicles, the Development Authority
may require larger parking space and aisle dimensions.
(5) Off-street parking areas shall be constructed in a manner which will permit adequate drainage,
snow removal, and maintenance.
(6) Off-street parking spaces adjacent to a road right-of-way shall be provided with bumper blocks,
curbing or other similar protective feature to ensure public safety and prevent vehicle overhang.
Land Use Bylaw No. 1284
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OFF-STREET PARKING & LOADING REGULATIONS // SCHEDULE 7
(7) The Development Authority may require that off-street parking areas or portions thereof be hard
surfaced (pavement, cement, etc.) as a condition of development approval, prior to occupancy or
an alternative time frame as agreed to between the Town and the applicant. A security deposit
for completion of this condition may be required.
4. BARRIER-FREE PARKING
(1) Barrier-free parking spaces shall be required to be provided for any development except where
exempted by the National Building Code (Alberta Edition). The minimum number of barrier-free
parking spaces to be provided shall be a portion of the total number of off-street parking spaces
required, in accordance with the table below.
(2) Each barrier-free parking space for the disabled shall be:
(a) at least 3.7 m (12 ft) wide or designed in accordance with the Safety Codes Act,
(b) have a firm, slip-resistant and level surface,
(c) be clearly marked as being for the use of persons with disabilities only.
(3) Where there are two or more adjacent barrier-free parking stalls, a 1.5 m (5 ft) wide access aisle
shall be provided between the stalls.
(4) Barrier-free parking stalls shall be clearly identifiable in accordance with the Safety Codes Act.
(5) There must be a well-lit, discernible, barrier-free path of travel leading to the building entrance.
(6) It is recommended that an additional number of spaces be considered when the purpose or use
of the building facilities may cause an increase in the number of seniors or persons with disabilities
who require accessible parking, such as, but not limited to, medical services and restaurants.
Barrier-Free Parking Spaces
Number of parking spaces required
Number of barrier-free spaces required
2-10
1
11-25
2
26-50
3
51-100
4
for each additional increment
of 100 or part thereof
one additional stall
5. BICYCLE PARKING
(1) Major commercial and public developments may be required to provide bicycle parking of an
amount sufficient to facilitate bicycle parking for employees and patrons during peak use hours.
(2) Bicycle parking shall be located and designed to facilitate security as well as convenience.
Land Use Bylaw No. 1284
SCHEDULE 7 // OFF-STREET PARKING & LOADING REGULATIONS
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6. LOADING SPACE REQUIREMENTS
(1) There shall be a minimum of one off-street loading space per building in the C1, C2 and LI districts.
(2) One loading space shall be provided for each loading door.
(3) The Development Authority may require that off-street loading areas be provided in any district.
(4) The minimum dimensions for a loading space shall be 3.1 m (10 ft) by 9.1 m (30 ft) with an
overhead clearance of 4.0 m (13 ft).
(5) Each loading area shall provide a doorway into the building sufficient to meet the needs of the
use within the building.
(6) Each loading area shall be designed in such a manner that it will not interfere with convenient and
safe pedestrian movement, traffic flow or parking.
(7) The Development Authority may require additional loading areas or doors if, in the Development
Authority's opinion, such additional areas or doors are deemed necessary.
(8) The Development Authority may consider a joint loading area for two or more uses if, in the
Development Authority's opinion, such a loading area would facilitate orderly development or
relieve congestion in the immediate area.
7. STACKING SPACES FOR DRIVE-THRU USES
(1) In addition to the off-street parking requirements, a drive-thru use is required to provide a
minimum stacking space of no less than 9.1 m (30 ft), or a greater space at the discretion of the
Development Authority.
(2) The minimum stacking space requirements in (a) above may be varied by the Development
Authority depending upon the intensity of the development proposal.
Land Use Bylaw No. 1284
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OFF-STREET PARKING & LOADING REGULATIONS // SCHEDULE 7
Land Use Bylaw No. 1284
SCHEDULE 7 // OFF-STREET PARKING & LOADING REGULATIONS
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0.15m Raised Curb 0.5m From Wall
30° two way-two aisle
45° two way-two aisle
60° one way-single aisle
0.15m Raised Curb 0.6m From Wall
0.15m Raised Curb 0.6m From Wall
30° one way-one aisle
45° one way-single aisle
0.15m Raised Curb 0.5m From Wall
0.15m Raised Curb 0.45m From Wall
30° one way-two aisle
45° one way-two aisle
60° one way-two aisle
0.15m Raised Curb 0.6m From Wall
0.15m Raised Curb 0.6m From Wall
0.15m Raised Curb 0.5m From Wall
acadfile\blocks\parkingm
0.15m Raised Curb 0.45m From Wall
0.15m Raised Curb 0.45m From Wall
90° one way-single aisle
90° one way-two aisle
90° two way-two aisle
PARKING LAYOUT ALTERNATIVES-METRES
2.8m
5.8m
4.3m
2.8m
2.8m
5.8m
4.3m
5.8m
2.8m
2.8m
5.8m
7.3m
5.8m
2.8m
2.8m
6.4m
7.3m
6.4m
2.8m
2.8m
6.4m
4.3m
6.4m
2.8m
6.4m
4.3m
2.8m
6.1m
4.3m
2.8m
2.8m
6.1m
4.3m
6.1m
2.8m
2.8m
6.1m
7.3m
6.1m
2.8m
4.8m
3.4m
2.8m
2.8m
4.8m
4.3m
4.8m
2.8m
4.8m
2.8m
4.8m
7.3m
60° two way-two aisle
0.15m Raised Curb 0.6m From Wall
0.15m Raised Curb 0.6m From Wall
SCHEDULE 8
COMMERCIAL / INDUSTRIAL
RENEWABLE ENERGY
REGULATIONS
Land Use Bylaw No. 1284
Land Use Bylaw No. 1284
SCHEDULE 8 // COMMERCIAL / INDUSTRIAL RENEWABLE ENERGY REGULATIONS
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SCHEDULE 8
COMMERCIAL / INDUSTRIAL RENEWABLE ENERGY REGULATIONS
1. DEFINITIONS
ANAEROBIC DIGESTER means a facility or system designed to process animal manure, organic or
septic waste into biogas. The biogas can be used to heat water or create electricity, and may also
provide a source of organic fertilizer.
BIODIESEL means a clean burning alternative fuel, produced from domestic, renewable resources,
such as soy oil and other feedstocks. Biodiesel is made through a chemical process called
transesterification whereby the glycerin is separated from the fat or vegetable oil.
BIOENERGY means the energy stored in organic matter to generate electricity. This organic matter
can include agricultural residues, animal manure, waste wood, wood chips and bark. Bioenergy can
be generated in a variety of ways such as thermal treatment, anaerobic digestion, biofuel or landfill
gas.
BIOFUEL means a fuel derived from biological raw materials or biomass (recently living organisms or
their metabolic by-products, such as manure from cows). It is a renewable energy source and typically,
it is considered a fuel with an 80% minimum content by volume of materials derived from living
organisms harvested within 10 years preceding its manufacture.
FERMENTATION means the process of extracting energy from the oxidation of organic compounds.
GASIFICATION means a process that converts organic or fossil based carbonaceous materials into
carbon monoxide, hydrogen and carbon dioxide. This is achieved by reacting the material at high
temperatures (>700 °C), without combustion, with a controlled amount of oxygen and/or steam.
GEOTHERMAL ENERGY means thermal energy that is generated and stored in the Earth.
MECHANICAL BIOLOGICAL TREATMENT SYSTEM means a type of waste processing facility that
combines a sorting facility with a form of biological treatment such as composting or anaerobic
digestion. MBT plants are designed to process mixed household waste as well as commercial and
industrial wastes.
MICRO-HYDRO means a type of hydroelectric power that typically produces up to 100 kW of electricity
using the natural flow of water. These installations can provide power to an isolated home or small
community, or are sometimes connected to electric power networks.
PYROLYSIS is a thermochemical decomposition of organic material at elevated temperatures without
the participation of oxygen. It involves the simultaneous change of chemical composition and physical
phase, and is irreversible.
SIGN means a lettered board or other public display intended to advertise or call attention to any
person, business, matter, message, object or event.
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COMMERCIAL / INDUSTRIAL RENEWABLE ENERGY REGULATIONS // SCHEDULE 8
THERMAL DEPOLYMERIZATION (TDP) is a depolymerization process using hydrous pyrolysis for the
reduction of complex organic materials (usually waste products of various sorts, often biomass and
plastic) into light crude oil. It mimics the natural geological processes thought to be involved in the
production of fossil fuels.
WASTE-TO-ENERGY (WTE) or energy-from-waste (EfW) is the process of creating energy, typically
in the form of electricity or heat, from the incineration of a waste source. Most WtE processes produce
electricity directly through combustion, or produce a combustible fuel commodity, such as methane,
methanol, ethanol or synthetic fuels. Besides incineration, other WtE technologies may include:
gasification, thermal depolymerization, pyrolysis, plasma gasification, anaerobic digestion,
fermentation, and mechanical biological treatment.
2. COMMERCIAL / INDUSTRIAL RENEWABLE ENERGY PROJECTS
All major commercial or industrial renewable energy development projects require a development
permit, including but not limited to solar photovoltaic, solar thermal, geo-exchange, micro-hydro,
carbon capture and storage, geothermal, waste-to-energy, anaerobic digesters, biodiesel, biofuel or
fuel cells. This section is specific and applicable to those commercial and industrial development
projects whose primary intent and purpose is to sell and/or export energy (or any other by-product of
a particular process) off-site.
INFORMATION REQUIREMENTS
(1) A development application shall be accompanied by the following information:
(a) an accurate site plan showing and labelling the development proposal and the location of
overhead utilities on or abutting the subject parcel, and identification of any sensitive,
environmental or topographical features which may be present on the parcel;
(b) detailed information on the type of facility, structure or system and the energy process
involved;
(c) the manufacturer's specifications indicating (if applicable):
(d) the rated output in megawatts;
(e) safety features and sound characteristics;
(f)
any information regarding general public safety;
(g) identification of any impacts to the local road system having regard to Town standards;
(h) information regarding setbacks from property lines and the proximity to buildings or uses on
both the site and adjacent parcels of land;
(i)
information or verification of the proposed source of water and required capacity if required
for the type of facility such as an ethanol plant;
(j)
a plan outlining how the site will be decommissioned and reclaimed if the use is ever
discontinued;
(k) large commercial and industrial facilities shall submit studies identifying noise, odour and
pollutant impacts and how these impacts will be addressed;
(l)
an emergency response plan;
(m) a summary report of any and all public consultation that was undertaken by the applicant;
(n) any or all information as deemed relevant to a proposed project; and
(o) any other information as required by the Development Authority.
Land Use Bylaw No. 1284
SCHEDULE 8 // COMMERCIAL / INDUSTRIAL RENEWABLE ENERGY REGULATIONS
3
SETBACKS
(2) The buildings or structures of a commercial or industrial energy project shall comply with all the
property line and public roadway setbacks as established in the district in which the project is
proposed.
(3) In addition to the requirements listed above, structures or facilities related to waste-to-energy,
anaerobic digesters, biodiesel, or biofuels developments shall not be located within:
(a) a minimum of 250 m (820 ft) from any residential dwelling, food establishment or public use
facility or building;
(b) a minimum of 120 m (394 ft) from the boundary or right-of-way of an irrigation district canal,
creek, stream, river, or water body;
(c) the parts of the project related to the transmission lines and associated structures and to the
roads, docks, water crossings, culverts, etc. associated with the facility may be allowed within
30 m (100 ft) of a water body or within the water body itself (to the satisfaction of the Town
and/or all other federal and provincial departments that may have jurisdiction with respect to
a proposed project).
(4) The Development Authority may require a larger minimum setback than required as per the above
and in the applicable district having regard for the location of the development, potential
environmental impacts, adjacent land uses and any determined natural, scenic or ecologically
significant features of the landscape.
DEVELOPMENT APPLICATION REFERRALS
(5) Prior to making a decision on a development application for a commercial/industrial renewable
energy project, the Development Authority may refer and consider the input of the following
agencies and departments:
(a) Alberta Utilities Commission,
(b) Transport Canada,
(c) NavCanada,
(d) Industry Canada
(e) Alberta Culture and Community Spirit,
(f)
Alberta Environment,
(g) Alberta Agriculture, Food and Rural Development
(h) AESO (Alberta Energy Systems Operator),
(i)
Alberta Sustainable Resource Development,
(j)
Alberta Transportation (within prescribed distances to provincial roadways),
(k) any other federal or provincial agencies or departments, as deemed necessary.
(6) The Development Authority shall also refer a development application for a commercial/industrial
renewable energy project to:
(a) the adjacent municipal jurisdiction if it is deemed by the development authority that the
project may have a noxious, hazardous, negative or otherwise detrimental impact on lands
located within the adjacent municipal jurisdiction; and
(b) landowners located within 800 m (0.5 mile) of the proposed commercial/industrial renewable
energy project.
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COMMERCIAL / INDUSTRIAL RENEWABLE ENERGY REGULATIONS // SCHEDULE 8
DEVELOPMENT STANDARDS
Depending on the type of renewable energy project proposed, the Development Authority may require
that the applicant comply with any or all of the following standards or requirements:
(7) All surface drainage must be contained on site and any adjacent water bodies must be adequately
protected from run-off.
(8) The applicant is responsible for preparing at their own expense an engineered surface drainage
management plan and submitting an application for approval to Alberta Environment, if applicable.
(9) Any biodiesel waste or water contaminated with biodiesel, is prohibited to be discharged directly
into any sewers or surface waters.
(10) All feedstock and materials are to be stored and contained within buildings, and no outside storage
is permitted.
(11) That the semi-truck traffic used for the hauling and shipment of raw material or feedstock and
finished/processed goods associated with the development shall be limited to a designated truck
haul route as agreed to or specified by the Town.
(12) The preferred location of renewable energy commercial or light industrial developments is on
parcels designated for industrial land use and located in proximity to highways or railway
corridors. The Development Authority may require a parcel redesignation to Light Industrial or
Direct Control, or be required to appropriately amend the text in this Bylaw (as the case may be)
to potentially accommodate such a development proposal, prior to accepting a development
application.
(13) The applicant is responsible to apply for any Alberta Environment, AUC, ERCB or other applicable
provincial approvals or permits that may be required, and must provide the Town with a copy to
be kept on file.
(14) The Development Authority may stipulate any or all of the criteria listed above to be addressed
by the applicant as a condition of development approval.
(15) Any license, permit, approval or other authorization granted by AUC or ERCB shall prevail over
any requirements prescribed in this Bylaw or development permit conditions if there is a
perceived conflict.
(16) All energy transmission lines on the site of the energy generating facility to the substation or grid
shall be underground unless otherwise approved by the Development Authority.
(17) The Development Authority may attach conditions to a development permit for any renewable
energy generating facility based on any other standards that are provided for in this Bylaw,
including but not limited to:
(a) a condition to enter into a development agreement with the Town (in compliance with the
relevant section(s) of the MGA;
(b) a condition to enter into a road use agreement with the Town to address road maintenance
and repairs that may arise from the development;
(c) a condition to post security with the Town; and
(d) a condition to allow the developer to register the approved project in phases.
SITE-SPECIFIC ENERGY GENERATING FACILITIES
(18) Energy generating facilities whose energy is not distributed off the lot upon which the energy
generating facility is located may be approved on a case-by-case basis by the Development
Authority taking into regard the applicable standards of this Bylaw.
SCHEDULE 9
SIGN REGULATIONS
Land Use Bylaw No. 1284
Land Use Bylaw No. 1284
SCHEDULE 9 // SIGN REGULATIONS
1
SCHEDULE 9
SIGN REGULATIONS
1. GENERAL SIGN DEFINITIONS
SIGN means a lettered board or other public display intended to advertise or call attention to any
person, business, matter, message, object or event.
SIGN ALTERATION means the structural and/or projection style modification of a sign but does not
include the routine maintenance, painting or change in face, content, copy or lettering.
SIGN AREA means the entire area within a single continuous perimeter enclosing the extreme limits
of a sign and in no case passing through or between any adjacent elements of same. However, such
perimeter shall not include any structural elements lying outside the limits of such sign and not forming
an integral part of the display.
sign area = length of A x length of B
SIGN CONTENT means the lettering, message, graphics or content displayed on a sign.
SIGN CONTENT AREA means the entire area within a single straight line geometric figure or a
combination of squares or rectangles that will enclose the extreme limits of the advertising message
or announcement including decorations related to the specific nature of the advertising message or
announcement.
sign content area = length of C x length of D
SIGN HEIGHT means the vertical distance measured from the highest point of the structure to finished
grade.
SIGN ILLUMINATION means the lighting or exposure of a sign to artificial lighting either by lights on
or in the sign or directed toward the sign.
SIGN PROJECTION STYLE means the method by which the sign content is conveyed to the viewer
(i.e. lettering/logo, animation, changeable content, movement/motion).
Land Use Bylaw No. 1284
2
SIGN REGULATIONS // SCHEDULE 9
2. SIGN APPLICATION REQUIREMENTS
(1) Unless otherwise indicated in Section 3 of this Schedule, no one shall place or alter a sign
including a temporary sign, without having first obtained a development permit from the
Development Authority in accordance with the provisions of this Bylaw.
(2) A development application for a sign shall include:
(a) a description of the proposed sign and a plan drawn to a suitable scale;
(b) photographs or illustration, if available;
(c) the location of all existing and proposed sign(s);
(d) the size, height and other dimensions of the proposed sign including any supporting
structures;
(e) the message content and dimensions of the proposed sign face;
(f)
the materials and finish of the proposed sign;
(g) type of illumination and/or changeable content, if any, and details with respect to the
proposed luminosity, intensity and transition time; and
(h) if a sign is to be attached to a building, the details regarding the extent of projection.
3. SIGNS NOT REQUIRING A DEVELOPMENT PERMIT
The following signs shall not require a development permit, provided that they otherwise comply with
this Bylaw and are maintained to the satisfaction of the Development Authority:
(1) residency identification signs which state the name and/or address of the person(s) occupying
the lot, provided the sign is no greater than 0.2 m2 (2 ft²);
(2) signs approved in conjunction with a development permit for a home occupation;
(3) one window sign not exceeding 0.4 m2 (4 ft²) per principal dwelling unit in a residential district;
(4) a window sign cumulatively occupying no more than 50% of a subject window area in a non-
residential district;
(5) construction signs, provided such signs do not exceed 2.9 m2 (32 ft²) in area and are removed
within 14 days of the completion of construction;
(6) political posters, provided all such signs are removed within 3 days after the completion of the
relevant election or plebiscite;
(7) real estate signs, provided all such signs are removed within 30 days after the sale or lease of the
premises upon which the sign is located;
(8) garage sale signs, provided the owner of the property upon which the sign is located has approved
its placement and that the sign is removed immediately upon the conclusion of the sale;
(9) any traffic or directional and informational signs placed by the Town, the Government of Alberta
or the Government of Canada;
(10) any community service bulletin board placed by the Town and any notices posted on the bulletin
board;
(11) any sign appearing on street furniture, such as benches or garbage containers, that are located
on public land if an agreement to locate such on the street furniture has been reached with
Council;
Land Use Bylaw No. 1284
SCHEDULE 9 // SIGN REGULATIONS
3
(12) A-board signs in compliance with this Part that are removed from the location on a daily basis
when the business is closed; and
(13) the alteration of a lawful sign which includes routine maintenance, painting or change in copy
content or lettering and does not include modification of the sign structure, location, dimensions
or sign type.
4. GENERAL SIGN STANDARDS
(1) Unless otherwise indicated, signs shall generally be limited to advertising or identifying the
principal use of a premises or the products and services available at the premises.
(2) All signs shall be safely located and maintained in good condition.
(3) The location of any sign is at the discretion of the Development Authority.
(4) The location of any sign shall not create a visual obstruction to vehicular traffic, obstruct the vision
of, or cause confusion with, any information sign, traffic control sign or device, or create a potential
hazard or conflict with rights-of-way, easements or routing of any public utility.
(5) All signs shall be of quality construction and of a design suitable for public display and maintained
in good repair and a safe and tidy manner.
(6) Signs shall be compatible with the general character of the surrounding streetscape and the
architecture of nearby buildings.
(7) Signs shall not be located in the public right-of-way or on public property, except for signs
approved by the Town or by the Government of Alberta or the Government of Canada.
(8) Where any sign extends over public land, the owner shall agree to a save harmless agreement
with the Town.
(9) No sign shall be illuminated unless the source of light is steady and suitably shielded.
(10) Signs shall not be permitted to emit amplified sound or music or employ revolving, flashing or
intermittent lights, or lights resembling emergency services, traffic signals, railway crossing
signals, hazard warning devices or other similar lighting.
(11) A business or building owner shall remove the visible copy and image area of a derelict sign within
60 days of the business ceasing operations within the Town.
(12) Signs adjacent to residential districts or which may have an effect on residential uses, as
determined by the Development Authority, may be subject to additional or modified standards
deemed necessary to mitigate impact(s) of the sign on residential uses.
(13) Digital signs, if allowed, shall generally be limited to non-residential districts.
Land Use Bylaw No. 1284
4
SIGN REGULATIONS // SCHEDULE 9
5. SIGN TYPES
(1) PORTABLE SIGN means a sign that is not permanently affixed to a building,
structure or the ground, but that is displayed on a non-temporary basis. While A-
boards that are regularly removed during non-business hours are exempt from
requiring a development permit under Section 3 of this Schedule, they are deemed
to be portable signs within the context of imposing the development standards
listed in Section 6.
(2) TEMPORARY SIGN means any sign except a portable sign that is intended
to be displayed for a short period of time but not permanently affixed to a
building, structure or the ground. Temporary signs include but are not limited
to banner signs, political poster signs, balloon signs and construction signs.
(3) CANOPY SIGN means a sign that is mounted, painted or otherwise attached
to an awning, canopy or marquee, including an under canopy sign.
(4) HOME OCCUPATION SIGN means an on-premises sign advertising a home
occupation for which a development permit has been issued. A home
occupation sign does not trigger the need to apply for a separate
development permit, as the right to advertise the home occupation on-
premises with a single sign is included as part of the approval for the home
occupation, with the sign standards being imposed as conditions of that
approval.
(5) FREESTANDING SIGN means a sign supported independently of a building
or other structure by way of columns, uprights, braces, masts or poles
mounted in or upon grade.
(6) FASCIA SIGN means a sign attached across the face of the building, located
approximately parallel thereto, in such a manner that the wall provides
structural support, or forms the background surface of the sign, which does
not project more than 0.3 m (1 ft) from the building.
Land Use Bylaw No. 1284
SCHEDULE 9 // SIGN REGULATIONS
5
(7) BILLBOARD means a freestanding structure constructed to provide a
medium for advertising where the subject matter is not necessarily related to
a use at or around the parcel on which the billboard is located and where the
copy can be periodically replaced.
(8) MURAL SIGN means any picture, scene, graphic or diagram displayed on the
exterior wall of a building for the primary purpose of decoration or artistic
expression and not created to solely display a commercial message or
depiction.
(9) PROJECTING SIGN means a sign other than a canopy sign or fascia sign
which is attached to and projects, more than 0.3 m (1 ft) horizontally or
vertically from a building face or from another structure. For the purposes of
this Bylaw, shingle signs, roof signs and signs that otherwise project and have
a similar impact on the Town's urbanscape shall be categorized as projecting
signs.
(10) OTHER SIGN means a sign that is not exempt from requiring a development
permit under Section 3 of this Schedule but does not fit into any of the above
categories.
6. TYPE-SPECIFIC SIGN STANDARDS
This section prescribes standards for the sign types listed in Section 5. Where a sign cannot be
definitively categorized as one of the types described in Section 5, the Development Authority shall
determine all applicable controls governing that sign.
(1) PORTABLE SIGNS
(a) No more than one portable sign shall be permitted on a lot.
(b) A portable sign shall not be displayed for more than 90 days in a calendar year.
(c) The copy area, maximum height and maximum width of portable signs shall be as follows:
(i)
A-board signs shall not exceed 0.6 m2 (6 ft²) in area; sign height from grade shall not
exceed 0.9 m (3 ft); sign width shall not exceed 0.9 m (3 ft); and
(ii) all other portable signs shall not exceed 3.7 m2 (40 ft²) in area; sign height from grade
shall not exceed 2.1 m (7 ft); sign width shall not exceed 2.4 m (8 ft).
(2) TEMPORARY SIGNS
(a) Except where exempted pursuant to Section 3 of this Schedule, all temporary signs must
obtain a development permit.
Land Use Bylaw No. 1284
6
SIGN REGULATIONS // SCHEDULE 9
(b) A permit for a temporary sign will be valid for a maximum period of no longer than 60 days.
(c) Upon expiration of a temporary sign permit, another temporary sign shall not be approved
on the same site until 30 days have elapsed from the date the temporary sign was removed.
(d) No temporary signs shall be suspended on or between support columns of any permanent
sign such as a freestanding sign or billboard sign.
(e) The maximum sign area of a temporary sign shall be no greater than 5.6 m2 (60 ft²).
(f)
No posters or signs shall be placed on any public utility such as a power pole.
(g) No posters or signs shall be placed on municipal, provincial or federal signage.
(3)
CANOPY SIGNS
(a) No part of the canopy, excluding that portion which is used for support and which is free of
advertising shall be less than 2.4 m (8 ft) above the ground or sidewalk grade.
(b) No part of the canopy shall project more than 1.8 m (6 ft) over public property, or come
within 0.6 m (2 ft) of the curb or edge of a roadway.
(c) No part of the canopy shall project more than 45.7 cm (18 inches) above the top of the
vertical face of the wall to which it is attached.
(d) The space between the canopy and supporting building shall not be more than 0.6 m (2 ft).
(4)
HOME OCCUPATION SIGNS
(a) A sign for a Class 1 home occupation shall be limited to one sign located in the building's
window of an approved home occupation use, not exceeding 0.4 m2 (4 ft²) in size.
(b) A sign for a Class 2 home occupation shall be regulated by the Development Authority.
(5)
FREESTANDING SIGNS
(a) No sign shall exceed 11.1 m2 (120 ft²) in area.
(b) The maximum height of any freestanding sign shall be 6.1 m (20 ft).
(6)
FASCIA SIGNS
(a) Not more than two signs shall be permitted on the premises.
(b) No fascia sign shall exceed 11.1 m2 (120 ft²) in area.
(7)
BILLBOARDS
(a) Billboards shall be limited to the Highway 5 corridor within town limits.
(b) shall be restricted to a maximum size of 18.1 m2 (195 ft²).
(c) Billboards shall be located so as not to become a visual obstruction or other traffic hazard.
(d) Billboards shall not be illuminated unless the source of light is steady and suitably shielded.
(e) The Municipal Planning Commission may prescribe additional billboard standards.
(8)
MURAL SIGNS
(a) Mural signs shall be regulated by the Municipal Planning Commission.
(9)
PROJECTING SIGNS
(a) Projecting signs and related signs shall be regulated by the Municipal Planning Commission.
(10) OTHER SIGNS
(a) Other signs shall be regulated by the Municipal Planning Commission.
APPENDIX A
TELECOMMUNICATION ANTENNA
SITING PROTOCOL EXCLUSION
LIST
Land Use Bylaw No. 1284
APPENDIX A
TELECOMMUNICATION ANTENNA SITING PROTOCOL EXCLUSION
LIST
Industry Canada has determined that certain antenna structures are considered to have minimal impact on
the local surroundings and do not require consultation with the Land Use Authority or the public. The
following excerpt from Industry Canada's publication, "Radiocommunication and Broadcasting Antenna
Systems CPC-2-0-03" lists the types of antenna installations exempted from the requirement to consult with
the local land use authority and the public. The installations listed are therefore excluded from Schedule 5:
Section 35.
Exclusions pursuant to Schedule 5: Section 35
For the following types of installations, proponents are excluded from the requirement to consult with the
land use authority and the public, but must still fulfill the General Requirements outlined in the Administration
Section, subsection 7 of CPC-2-0-03:
-
maintenance of existing radio apparatus including the antenna system, transmission line, mast,
tower or other antenna-supporting structure;
-
addition or modification of an antenna system (including improving the structural integrity of its
integral mast to facilitate sharing), the transmission line, antenna-supporting structure or other radio
apparatus to existing infrastructure, a building, water tower, etc. provided the addition or
modification does not result in an overall height increase above the existing structure of 25% of the
original structure's height;
-
maintenance of an antenna system's painting or lighting in order to comply with Transport Canada's
requirements;
-
installation, for a limited duration (typically not more than 3 months), of an antenna system that is
used for a special event, or one that is used to support local, provincial, territorial or national
emergency operations during the emergency, and is removed within 3 months after the emergency
or special event; and
-
new antenna systems, including masts, towers or other antenna-supporting structure, with a height
of less than 15 m above ground level.
Individual circumstances vary with each antenna system installation and modification, and the exclusion
criteria above should be applied in consideration of local circumstances. Consequently, it may be prudent
for the proponents to consult the Land Use Authority and the public even though the proposal meets an
exclusion noted above. Therefore, when applying the criteria for exclusion, proponents should consider
such things as:
-
the antenna system's physical dimensions, including the antenna, mast, and tower, compared to
the local surroundings; the location of the proposed antenna system on the property and its
proximity to neighbouring residents;
-
the likelihood of an area being a community-sensitive location; and
-
Transport Canada marking and lighting requirements for the proposed structure.
Proponents who are not certain if their proposed structure is excluded, or whether consultation may still be
prudent, are advised to contact the land-use authority and/or Industry Canada for guidance.
APPENDIX B
FORMS
Land Use Bylaw No. 1284
APPLICATION NO. _____________
DATE RECEIVED _____________
TAX ROLL NUMBER _____________
APPLICANT: ________________________________________________________________________________________________
MAILING ADDRESS: __________________________________________________________________________________________
EMAIL ADDRESS: _________________________________________________ TELEPHONE: ______________________________
REGISTERED OWNER: _______________________________________________________________________________________
MAILING ADDRESS: _______________________________________________ TELEPHONE: ______________________________
Legal Description: Lot(s) _________________________ Block ______________________ Plan __________________________
Civic/Street Address: _________________________________________________________________________________________
Proposed Development: Residential _______________ Commercial __________________ New __________________________
Addition _____________________ Remodelling ________________________ Other ____________________________________
(Specify)
PARTICULARS OF PROPOSED DEVELOPMENT:
Type of Foundation _________________________________ Construction of Basement __________________________________
Type of Chimney ___________________________________ Roof Covering ____________________________________________
Type of Heating ____________________________________ Exterior Wall Finish ________________________________________
Estimated Cost _____________________________________
Building Layout and Drainage Plan to be completed by: __________________________________________________________
Mailing Address: __________________________________________________ Telephone: ________________________________
Lot Dimensions: Width _______________________ Length _________________________ Area __________________________
Building Dimensions: Width _____________________ Length _______________________ Area __________________________
Setbacks: Front Yard ____________________ Side Yards _____________________ Rear Yard _________________________
OTHER DETAILS: (use reverse side if necessary)
I have submitted plans showing the front, side and rear views, and all other particulars concerning the completion of the proposed
development and agree to comply in all respects with any conditions that may be attached to any development permit that is
issued and with any other bylaws that are applicable. I am aware that I will be required to pay for all local improvement costs,
which include drainage, sidewalks, road base preparation, street lighting, water and sewer main extensions, utility connection
fees and installation costs at the present established rate.
I have read and understand the terms noted on the reverse side of this form and hereby apply for permission to carry out the
development described above and/or on the attached plans and specifications. I further certify that the registered owner of the
land described above is aware of this application.
Fee: $ _____________________________ (non refundable)
Date of Application: _________________________
Signature of Applicant: _______________________________________
IMPORTANT: See Over
FORM A
APPLICATION FOR A
DEVELOPMENT PERMIT
IMPORTANT:
1.
Subject to the provisions of the Land Use Bylaw of the Town of Magrath, the term "development" includes the
making of any change in the use of land, a building or a structure.
2.
Although the Development Officer is in a position to advise on the principle or details of any proposals, such advice
must not be taken in any way as official consent, and is without prejudice to the decision in connection with the
formal application. It must be clearly understood that any action taken by the applicant within 21 days after receipt
of a development permit, is at his own risk.
3.
Plans and drawings should be submitted with this application in sufficient detail to enable adequate
consideration of the application together with a plan sufficient to identify the land. It is desirable that the plans and
drawings should be on a scale appropriate to the development, that is:
Block plans or site plans
-
1:1000 or 1:1500
Other drawings
-
1:100 or 1:200
However, unless otherwise stipulated, it is not necessary for plans and drawings to be professionally prepared.
4.
If a decision is not made within 40 days from the date of the receipt of the application in its complete and final form,
the applicant may exercise his right of appeal as though he had been mailed a refusal at the end of the 40-day
period.
APPLICATION FOR A
HOME OCCUPATION
FORM B
APPLICATION NO.
ROLL NO.
APPLICANT:
Civic Address:
Mailing Address:
Email:
Telephone:
REGISTERED OWNER:
Mailing Address:
LEGAL DESCRIPTION:
Lot(s)
Block
Plan
EXISTING USE:
PROPOSED USE BEING APPLIED FOR:
NAME OF BUSINESS:
HAS A BUSINESS LICENSE BEEN APPLIED FOR?
Yes
No
FLOOR AREA FOR BUSINESS USE:
NUMBER OF EMPLOYEES:
NUMBER OF CLIENT VISITS PER DAY:
PROPOSED HOURS OF OPERATION:
to
PROPOSED DAYS OF WEEK OF OPERATION (i.e. Mon-Fri, Sat, Sun):
NOISE GENERATED:
Yes
No
STORAGE OF GOODS ON PROPERTY:
Yes
No
OFF-STREET PARKING AVAILABLE:
Yes
No
# OF SPACES
(If yes, site plan required and number of spaces)
ADDITIONAL VEHICLES REQUIRED:
Yes
No
ANTICIPATED INCREASE IN VEHICULAR TRAFFIC:
Yes
No
ODOURS OR NOXIOUS EFFLUENTS:
Yes
No
REGISTERED OWNER OR PERSON ACTING ON BEHALF OF:
I certify that I am the registered owner or that the registered owner(s) of the land described above is aware of this
application.
DATE:
SIGNED:
REGISTERED OWNER
APPLICATION NO. ____________
FEES SUBMITTED $ ____________
DATE: ______________________________
SIGNED: ___________________________________________
Applicant
IMPORTANT: See Over
FORM C
APPLICATION FOR
A TEMPORARY
DEVELOPMENT PERMIT
Additional information can be helpful in processing the application without delay. You may wish to use the back of
this form, or attach a separate sheet with such information.
APPLICANT: ___________________________________________________________________________________
ADDRESS: _________________________________________________ TELEPHONE: _______________________
REGISTERED OWNER: _______________________________________ TELEPHONE: _______________________
LEGAL DESCRIPTION: Lot(s) ___________________ Block ________________ Plan ________________________
CIVIC / STREET ADDRESS: _______________________________________________________________________
Existing Use: ___________________________________________________________________________________
Proposed Use: _________________________________________________________________________________
Proposed Duration:
from _____________
to _______________
PARTICULARS OF PROPOSED DEVELOPMENT:
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
REGISTERED OWNER OR PERSON ACTING ON BEHALF OF:
I have submitted particulars concerning the completion of the proposed development and agree to comply in
all respects with any conditions that may be attached to any development permit that is issued and with any
other bylaws that are applicable. I am aware that I may be required to pay for all local improvement costs, which
include drainage, sidewalks, road construction, street lighting, water and sewer main extensions, utility
connection fees and installation costs at the present established rate.
I have read and understand the terms noted on the reverse side of this form and hereby apply for permission
to carry out the development described above and/or on the attached plans and specifications. I further certify
that the registered owner(s) of the land described above is aware of this application.
ADDITIONAL INFORMATION:
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
IMPORTANT:
1.
Subject to the provisions of the Town of Magrath Land Use Bylaw, the term "development" includes any
change in the use of land, a building or a structure.
2.
Although the Development Officer is in a position to advise on the principle or details of any proposals, such
advice must not be taken in any way as an official consent, and is without prejudice to the decision in
connection with the formal application. It must be clearly understood that any development by the applicant
within 21 days of issuance of a Development Permit, is at his own risk.
3.
Please submit a plan or drawing showing location of existing and proposed buildings, roads, services,
boundaries, etc. in sufficient detail to ensure proper consideration of the application. Measurements may be
metric or imperial units. It is desirable that the plans and drawings should be on a scale appropriate to the
development, that is:
Site plans
- ratio of 1:1000 or 1:1500
Other drawings
- ratio of 1:100 or 1:200
or as required by the Development Officer.
However, unless otherwise stipulated, it is not necessary for plans and drawings to be professionally
prepared.
4.
If a decision is not made within 40 days from the date of the receipt of the application in its complete and
final form, the applicant may exercise his right of appeal as though he had been mailed a refusal at the end of
the 40 day period unless an agreement for a time extension has been entered into with the municipality.
RIGHT OF ENTRY:
I hereby authorize representatives of the Town of Magrath to enter my land for the purpose of conducting
a site inspection in connection with this application.
This right is granted pursuant to section 542(1) of the Municipal Government Act.
DATE: ______________________________
SIGNED: ___________________________________________
Registered Land Owner(s)
NOTE:
When, in the opinion of the Development Authority, a proposed use is of a temporary or
discretionary nature, it may issue a temporary development permit valid for such a period as it
considers appropriate. It shall be a condition of every temporary development permit that the Town
shall not be liable for any costs involved in the cessation or removal of any development at the
expiration of the permitted period. The Development Authority may require the applicant to post a
guarantee for the cessation or removal of the use and any associated development.
APPLICATION NO. __________
FEE $__________
I/we ___________________________________________________________ being the registered owner
or person authorized to act on behalf of the registered owner with respect to:
Application No. _______________________________________________________________________
For: ________________________________________________________________________________
Located on (legal description): ___________________________________________________________
___________________________________________________________________________________
Do hereby agree to a time extension of: ____________________________________________ days, until
___________________________________________________________________________________
___________________________________________________________________________________
on the understanding that if a decision has not been made by this time, I may deem the application
refused and appeal to the Subdivision and Development Appeal Board in accordance with the provisions
of the Municipal Government Act.
DATE: ______________________________
_________________________________________________
Signature of Registered Owner/Person Acting on behalf of:
_________________________________________________
Signature of Witness
DATE: ______________________________
_________________________________________________
Signature of Development Officer - Town of Magrath
_________________________________________________
Signature of Witness
FORM D
AGREEMENT FOR
TIME EXTENSION
APPLICATION NO. __________
NAME: ______________________________________________________________________________
ADDRESS: ___________________________________________________________________________________
In the matter of development of property located at ___________________________________________
___________________________________________________________________________________
The development as specified in Application No. _________________________ has been:
APPROVED
APPROVED subject to the following conditions:
REFUSED for the following reasons:
DATE OF DECISION: __________________________________________________________________
Development Permit issued on the __________ day of _________________________ , ___________
A development permit will be issued in accordance with this notice but not be valid until 21 days after
the date that this decision has been given, unless an appeal is lodged pursuant to section 686(1) of the
Act. If an appeal is lodged, then a permit will not be issued until the Subdivision and
Development Appeal Board has determined that appeal and this notice of decision may be modified,
confirmed, or nullified thereby.
DATE: _____________________________
SIGNED: _____________________________________
Development Officer
IMPORTANT: Notice of approval in no way removes the need to obtain any permit or approval required by any federal,
provincial, or municipal legislation, and/or regulations pertaining to the development approved.
* Intention to appeal must be received within 21 days after the date that this decision has been given.
FORM E
NOTICE OF DECISION
APPLICATION NO. __________
DEVELOPMENT PERMIT NO. __________
This development permit is hereby issued to:
NAME: ______________________________________________________________________________
ADDRESS: ___________________________________________________________________________
In respect of works consisting of _________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
On land located at ____________________________________________________________________
and as described on Development Application No. __________________________ and plans submitted
by the applicant.
This permit refers only to works outlined in Development Application No. _________________________
and is subject to the conditions contained in the notice of decision dated _________________________ .
DATE: _____________________________
SIGNED: _____________________________________
Development Officer
IMPORTANT - See over
FORM F
DEVELOPMENT PERMIT
IMPORTANT:
The development outlined on the reverse is subject to the following conditions:
1.
This permit indicates that only the development to which it relates is authorized in accordance with the
provisions of the Land Use Bylaw of the Town of Magrath and in no way relieves or excuses the applicant
from complying with the Land Use Bylaw or any other bylaws, laws, orders and/or regulations affecting
such development.
2.
This permit, issued in accordance with the notice of decision, is valid for a period of 18 months from the date of
issue. If, at the expiry of this period, the development has not been commenced or carried out with
reasonable diligence, this permit shall be null and void.
3.
If this development permit is issued for construction of a building, the exterior of the building, including painting,
shall be completed within 18 months from the date of issue of this development permit.
4.
The Development Officer may, in accordance with section 645 of the Act, take such action as is necessary to
ensure that the provisions of this Bylaw are complied with.
APPLICATION NO. __________
NAME: ______________________________________________________________________________
ADDRESS: ___________________________________________ TELEPHONE: ____________________
A Public Hearing in the matter of the appeal of ______________________________________________
of ________________________________________ to the decision of the Development Officer/Municipal
Planning Commission on Development Application No. __________________ , being the application for a
development permit for _________________________________________________________________
___________________________________________________________________________________
at _____________________________________ by __________________________________________
shall be heard on the ____ day of ________________ , ________ at __________ o'clock (a.m./p.m.)
The hearing will be held in the Town of Magrath Council chambers.
DATE: _____________________________
SIGNED: _________________________________________
Secretary of the
Subdivision and Development Appeal Board
FORM G
NOTICE OF SUBDIVISION AND
DEVELOPMENT APPEAL
BOARD HEARING
APPLICATION NO. __________
NAME: ______________________________________________________________________________
ADDRESS: ___________________________________________ TELEPHONE: ____________________
In the matter of the appeal of ____________________________ of _____________________________
to the decision of the Development Officer / Municipal Planning Commission on Development Application
No. _______________ being the application for a development permit for _______________________
___________________________________________________________________________________
at ______________________________________________ by _______________________________
the Subdivision and Development Appeal Board, duly convened on the ____ day of ________________ ,
_____ decided to:
For the following reasons:
DATE: _____________________________
SIGNED: _________________________________________
Secretary of the
Subdivision and Development Appeal Board
IMPORTANT:
This decision of the Subdivision and Development Appeal Board is final and binding on all
parties and all persons, subject only to appeal to the provincial Court of Appeal.
FORM H
NOTICE OF DECISION OF THE
SUBDIVISION AND
DEVELOPMENT APPEAL BOARD
FORM I
APPLICATION TO AMEND
THE LAND USE BYLAW
APPLICANT:
Mailing Address:
Telephone:
Email:
REGISTERED OWNER OF LAND:
Mailing Address:
Telephone:
Email:
Applicant's interest if not owner:
PROPERTY LEGAL DESCRIPTION: Lot
Block
Plan
PROPERTY CIVIC ADDRESS:
DESIGNATION: Current
Proposed
FEE ATTACHED: Yes
No
Please provide a description of your reason(s) for applying for an amendment to the Land Use Bylaw.
Any additional documentation in support of your application may be submitted as attachments.
Date
Applicant's Signature
Disclaimer:
The personal information that is being collected under the authority of the Municipal Government Act will be used for purposes
under that statute and is protected by the privacy provision of the Freedom of Information and Protection of Privacy Act.
APPLICATION NO. __________
DATE: _____________________________
SIGNED: _____________________________________
Development Officer
FORM J
NOTICE OF SPECIAL
MUNICIPAL PLANNING
COMMISSION MEETING
Notice is hereby given that an application is being made for a development permit as follows:
NAME OF APPLICANT:
TYPE OF DEVELOPMENT:
LEGAL DESCRIPTION OF SITE:
PLACE OF MEETING: _________________________________________________________________
TIME OF MEETING: ___________________________________________________________________
DATE OF MEETING: __________________________________________________________________
FEE FOR MEETING: __________________________________________________________________
Any person affected by the said proposal has the right to present a written brief prior to the meeting
and/or to be present and be heard at the meeting.
Persons requesting to be heard at the meeting shall submit a written request to be heard to the Town of
Magrath not later than:
_______________ (a.m./p.m.) on _______________________________________________________
FORM K
VOLUNTARY
WAIVER OF CLAIMS
PROPERTY ADDRESS
Civic Address:
Unit/Bay #:
Legal Description:
Date:
Type of Development:
"VOLUNTARY WAIVER OF CLAIMS" (Optional)
For development approvals of discretionary uses and/or approvals granting a major variance
This voluntary waiver of claims allows you to commence your development at your own risk in advance
of the effective date specified on your development permit. The permit's effective date is the date on
which the appeal period has expired.
By agreeing to this voluntary waiver of claims, you agree that should an appeal be made you will
immediately cease the development pending the outcome of the appeal and will waive all claims to
compensation from the Town of Magrath for costs associated with that cessation and/or costs resulting
from the outcome of the appeal, including the removal of improvements and restoration and
disturbances to the land/buildings to their former state.
Agreement to this voluntary waiver of claims does not nullify your own right to appeal. You may appeal
any condition attached to the approval of your development permit to the Subdivision and Development
Appeal Board by the date identified on your permit.
Agreement to this voluntary waiver of claims and possession of the released development permit does
not eliminate the need for a business license, building permit or any other permit. Do not commence
development without first obtaining all the required permits.
I HAVE READ, UNDERSTOOD, AND AGREE TO THIS VOLUNTARY WAIVER OF CLAIMS
Name of Applicant:
Signature of Applicant:
Date:
Disclaimer:
The personal information that is being collected under the authority of the Municipal Government Act will be used for purposes
under that statute and is protected by the privacy provision of the Freedom of Information and Protection of Privacy Act. If you
have any questions about the collection, use or disclosure of the personal information provided, please contact the Town of
Magrath via postal mail at Box 520, Magrath AB T0K 1J0, or by phone at (403) 758-3212.
DP # __________
Rec'd by Town__________
Date__________
APPLICATION NO. __________
TO THE REGISTERED OWNER: ___________________________________________________________
ADDRESS: ___________________________________________________________________________________
Legal Description: Lot(s)_________________ Block _____________ Plan _____________________
Quarter __________ Section ___________ Township __________ Range __________ W_____M
PLEASE TAKE NOTICE that in accordance with the Municipal Government Act, section 645,
you are HEREBY ORDERED TO:
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
BE ADVISED that pursuant to section 566 of the Municipal Government Act, a person who contravenes
an order under section 645, is guilty of an offense and is liable to a fine of not more than $10,000 or to
imprisonment for not more than one year, or to both fine and imprisonment; and be FURTHER ADVISED
that pursuant to section 685 and section 686(1) of the Municipal Government Act, you may appeal this
order by serving a written notice of the appeal on the Subdivision and Development Appeal Board within
21 days after the date this order was received, in care of the Secretary, Subdivision and Development
Appeal Board, Town of Magrath, Box 520, Magrath, Alberta, T0K 1J0.
DATE: __________________________
SIGNED: _____________________________________
Development Officer
FORM L
STOP ORDER
APPENDIX C
FEES AND RATES BYLAW
Land Use Bylaw No. 1284
APPENDIX D
SUBDIVISION AND DEVELOPMENT
AUTHORITY BYLAW
Land Use Bylaw No. 1284
Town of Magrath Subdivision and Development Authority Bylaw No. ____
TOWN OF MAGRATH
IN THE PROVINCE OF ALBERTA
SUBDIVISION AND DEVELOPMENT AUTHORITY BYLAW NO. ____
BEING a bylaw of the Town of Magrath in the Province of Alberta, to establish a subdivision authority,
development authority and municipal planning commission;
AND WHEREAS, the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26 as
amended requires a municipality to adopt a bylaw to establish municipal authorities to make decisions
respecting subdivision and development;
AND WHEREAS, a subdivision authority is authorized to decide on applications for subdivision approval
in accordance with the provincial land use policies, the Municipal Government Act, the Subdivision and
Development Regulation, local statutory plans and land use bylaws;
AND WHEREAS, a development authority is authorized to decide on applications for development
approval in accordance with the uses of land, standards of development and procedural requirements
specified in the governing land use bylaw;
AND WHEREAS, the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26 as
amended permits a municipality to adopt a bylaw to establish a municipal planning commission to act as
the subdivision authority and development authority;
AND WHEREAS, this bylaw may be cited as the "Town of Magrath Subdivision and Development
Authority Bylaw;"
NOW THEREFORE, the Council of the Town of Magrath in the Province of Alberta duly assembled,
enacts as follows:
1.
Terms appearing in this bylaw that are not defined in this section shall have the meaning assigned to
them in the Municipal Government Act.
(a) ACT means the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26..
(b) AUTHORIZED PERSON means a regional services commission or any other person authorized
by Council to which the Town may delegate any of its Subdivision Authority and/or
Development Authority powers, duties or functions.
(c) COUNCIL means the municipal Council of the Town of Magrath.
(d) DESIGNATED OFFICER means a person authorized to act as the designated officer for the
Town as established by bylaw.
(e) DEVELOPMENT OFFICER means a person or persons authorized to act as the Development
Officer for the Town as established by the Town of Magrath Land Use Bylaw.
(f)
MEMBERS means the members comprising the Municipal Planning Commission.
(g) MUNICIPAL PLANNING COMMISSION means the committee appointed to exercise and
perform Development Authority and Subdivision Authority powers, duties and functions on
behalf of the Town as are specified:
(i)
in the Act;
(ii) in the Subdivision and Development Regulation;
(iii) in the Town of Magrath Land Use Bylaw;
(iv) in this bylaw; or
(v) by resolution of Council.
(h) PERSON includes a body corporate as defined in the provincial statutes.
(i)
SECRETARY means the person appointed by Council to act as Secretary of the Municipal
Planning Commission.
Town of Magrath Subdivision and Development Authority Bylaw No. ____
(j)
REGIONAL SERVICES COMMISSION means an intermunicipal partnership incorporated
under Part 15.1 of the Municipal Government Act that leverages collective resources to realize
economies of scale respecting the delivery of planning, mapping and other regional services.
(k) SUBDIVISION AND DEVELOPMENT REGULATION means provincial regulations governing
subdivision and development brought into force under s. 694 of the Act.
(l)
TOWN means the Town of Magrath.
2.
In accordance with the Act, this bylaw hereby establishes the Subdivision Authority, Development
Authority and Municipal Planning Commission for the Town of Magrath.
3.
The Municipal Planning Commission shall be the Subdivision Authority for the Town, and is
authorized to evaluate subdivision applications, make decisions and attach conditions to approvals.
4. The Municipal Planning Commission shall be the Development Authority for the Town, except in
such scenarios where the Development Officer is authorized to act as the Development Authority
pursuant to the Town of Magrath Land Use Bylaw. The Development Authority is empowered to
evaluate development applications, make decisions, attach conditions to approvals, and issue
notices and orders.
5.
The Town may, by bylaw, delegate any of the subdivision authority or development authority powers,
duties or functions to a regional services commission or to any other person.
6.
The Municipal Planning Commission shall be composed of five (5) persons along with one (1)
alternate.
7.
All members of the Municipal Planning Commission shall be appointed by a resolution of Council.
Three (3) of the persons shall be members of Council and the remaining two (2) shall be residents of
the Town.
8.
A member of the Municipal Planning Commission shall not be a member of the Subdivision and
Development Appeal Board.
9.
Appointments to the Municipal Planning Commission shall be made for a term of four (4) years and
shall dissolve upon the next municipal election.
10. Council may terminate any appointment at any time during the four (4) year term, provided that it
appoints another person for the unexpired portion of that term within sixty (60) days of issuing the
termination.
11. Should an elected official not remain as a member of Council then he/she ceases to be a member of
the Municipal Planning Commission. Council, shall, by resolution, appoint another elected official for
the unexpired portion of that term within sixty (60) days of receiving notice of the departure.
12. When a member of the Municipal Planning Commission voluntarily revokes his/her membership
before the expiration of his/her term, Council shall, by resolution, appoint another person for the
unexpired portion of that term within sixty (60) days of receiving notice of the revocation.
13. Following the organizational meeting of Council each year, the members of the Municipal Planning
Commission shall elect, among themselves, a Chairman and a Vice-Chairman to hold office for a
term of one year.
14. Three (3) members of the Municipal Planning Commission shall constitute a quorum, where those
three (3) members include at least two (2) members of Council.
15. The decision of the majority of the members present at a meeting shall be deemed to be the decision
of the whole Municipal Planning Commission.
16. The Municipal Planning Commission shall hold regular meetings at least twelve (12) times per year
on a date determined by the Municipal Planning Commission.
Town of Magrath Subdivision and Development Authority Bylaw No. ____
17. The Municipal Planning Commission may hold special meetings at any time at the request of the
Chairman.
18. Each member of the Municipal Planning Commission may be entitled to such remuneration,
travelling, and living expenses as may be fixed from time to time by Council; and the remuneration,
travelling, and living expenses shall be paid by the Town of Magrath.
19. Council shall, by resolution, appoint an employee of the Town as Secretary of the Municipal Planning
Commission, who shall attend all meetings of the Municipal Planning Commission and shall abstain
from voting on all matters requiring a decision from the Municipal Planning Commission.
20. The Secretary shall attend all meetings of the Municipal Planning Commission and shall keep the
following records with respect thereto:
(a) the minutes of all meetings;
(b) all applications;
(c) records of all notices of meetings and or persons to whom they were sent;
(d) copies of all written representations to the Municipal Planning Commission;
(e) notes as to each representation;
(f)
the names and addresses of those making representations at the meeting;
(g) the decision of the Municipal Planning Commission;
(h) the reasons for the decision of the Municipal Planning Commission;
(i)
the vote of the members of the Municipal Planning Commission on the decision;
(j)
records of all notices of decision and of persons to whom they were sent;
(k) all notices, decisions and orders made on appeal from a decision of the Municipal Planning
Commission; and
(l)
such other matters as the Municipal Planning Commission may direct.
21. The Municipal Planning Commission may make rules to govern its meetings.
22. This bylaw shall come into effect upon third and final reading thereof.
READ a first time this _______ day of ____________________, 2021.
______________________________________
_________________________________________
Mayor - Russ Barnett
Chief Administrative Officer - James Suffredine
READ a second time this _______ day of ____________________, 2021.
______________________________________
_________________________________________
Mayor - Russ Barnett
Chief Administrative Officer - James Suffredine
READ a third time and finally PASSED this _______ day of ____________________, 2021.
______________________________________
_________________________________________
Mayor - Russ Barnett
Chief Administrative Officer - James Suffredine
APPENDIX E
SUBDIVISION AND DEVELOPMENT
APPEAL BOARD BYLAW
Land Use Bylaw No. 1284