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PART ONE - GENERAL
1
Section 1.1 - Purpose
(1)
The purpose of this Bylaw is to prohibit or regulate and control the use and
development of land and buildings within the Village to achieve the orderly and
economic development of land, and for that purpose, amongst other things
including:
(a)
To divide the municipality into districts, and
(b)
To prescribe and regulate for each district the purposes for which land
and buildings may be used, and
(c)
To establish the office of one or more Development Officers, and
(d)
To establish a method of making decisions on applications for
development permits including the issuing of development permits, and
(e)
To prescribe a procedure to notify owners of land likely to be affected by
the issuance of a development permit.
Section 1.2 - Short Title
(1)
This Bylaw may be called the Village of Mannville Land Use Bylaw No.2006-734.
Section 1.3 - Interpretation
(1)
In this Bylaw, wordings used in the singular mean the plural and wordings used
in the masculine mean the feminine.
(2)
The Development Officer shall interpret this Bylaw.
PART TWO - DEFINITIONS
2
Section 2.1 - Definitions
(1)
For the purpose of interpreting this Bylaw, the following definitions are provided:
Accessory Building means a building separate or subordinate to the main building, the
use of which is incidental to that of the main building, and is located on the same parcel
of land,
Accessory Use means a use customarily incidental and subordinate to the main use or
building and is located on the same parcel of land with such main use or building,
Adjacent Site means a site that is contiguous, or would be contiguous, if not for a
highway, road, river, or stream, in accordance with the Municipal Government Act,
Agriculture, Extensive means the use of large areas of land to raise crops or livestock
either separately or in conjunction with one another and includes buildings and other
structures incidental to the operations,
Agriculture, Intensive means the use of proportionately small areas of land to raise crops
or livestock, poultry, or other animals, or their products for market and includes buildings and
other structures incidental to the operations,
Antenna Structure means equipment designed to transmit or receive electronic signals,
Apartment means a residential building consisting of 3 or more dwelling units, but shall
not mean row housing,
Assisted Living Facility means a living arrangement in which personal care services
such as meals, housekeeping, transportation, and assistance with the activities of daily
living are available on an as needed basis
Attached Housing means a building designed and built to contain 3 or more dwelling
units separated from each other by a fire-rated wall, with each unit having separate
entrances from grade; for the purposes of this Bylaw, garden-linked, row and townhouse
units which meet these criteria are considered to be attached houses,
Auction Establishment means a building, structure, or lands used for the storage of
goods and materials which are to be sold on the premises by public auction on an
occasional basis,
Auto Body and Paint Shop means a building, or portion of a building, where motor
vehicle bodies and associated components are repaired or painted or both,
Automobile means a motorized vehicle that is used for passenger transportation on
public roadways and streets,
Automobile, Commercial means a truck, trailer or semi-trailer from which sales of goods,
wares, merchandise or commodities are made, and a motor vehicle that delivers goods,
wares, merchandise or commodities to a purchaser or distributor,
Automobile Garage means the use of a building, or a portion of a building, for the
servicing and mechanical repair of automobiles, motorcycles, snowmobiles and similar
vehicles or the sale, installation or servicing of related accessories and parts; typical uses
include transmission shops, muffler shops, tire shops, automotive glass shops, and
upholstery shops but do not include auto body and paint shops,
PART TWO - DEFINITIONS
3
Automobile Rentals means the use of land, building, or a portion of land or a building,
for the lease or rental of motor vehicles and where such vehicles may be dropped off or
picked up,
Automobile Sales means the use of a building, or a portion of a building, for the retail
sale of new or used automobiles together with incidental maintenance services and sale
of parts,
Balcony means a horizontal structure adjoining a building above the first storey floor
level and intended for use as a private outdoor amenity space,
Bar and Neighbourhood Pub means the use of a building, or a portion of a building, for
the sale of alcoholic beverages to the public for consumption within the premises; bars
and neighbourhood pubs typically have a limited menu and minors are prohibited from
the establishment; typical uses include neighbourhood pubs, bars, beverage rooms, and
cocktail lounges,
Basement means the part of a building that is wholly or partly below grade. For further
clarification, refer to the current Alberta Building Code,
Bed and Breakfast Facility means a residence containing up to 2 bedrooms that are
rented out short term on an overnight basis for 1 or more persons,
Building includes anything constructed or placed on, in, over, or under land but does not
include a highway or public roadway or a bridge forming part of a highway or public
roadway,
Building Area means the total floor area of a building at grade level, measured from the
outside surface of the exterior walls,
Building Height means:
-
In Residential Districts: the maximum vertical distance between the highest point
of the building (excluding elevator housing, mechanical penthouse, chimney or
other ancillary structure) and the elevation at the bottom of the front step or the
maximum number of storeys,
-
In All Other Districts: the maximum vertical distance between the average of the
lot corner design elevations and the eaveline of the building,
-
For accessory buildings: the vertical distance between the highest point of a
building and the average of the 2 lot corner elevations closest to the accessory
building,
Bungalow/Bi-level means a detached or semi-detached dwelling which contains no
habitable floor space above the first storey,
Business Support Service means the use of a building, or a portion of a building, for the
provision of services used by the commercial sector; typical uses include printing shops,
courier operations, and stenographical services,
Canopy means a non-retractable solid projection extending from the wall of a building, or
freestanding, which is intended to be used as protection against weather, other than normal
architectural features such as lintels, sills, mouldings, architraves and pediments and
includes the structure known as a theatre marquee,
PART TWO - DEFINITIONS
4
Cantilever means a structural portion of a building floor, excluding eaves and roof
projections, bay windows and fireplace chases, which extends beyond the foundation wall
and is not structurally supported from below,
Campground means the seasonal or short term use of land by holiday trailers, motor
homes, tents, campers and similar recreational equipment or vehicles and includes
related facilities such as washrooms, recreational facilities and eating and cooking
shelters; convenience retail stores, laundry facilities and dwelling units for operators may
be incorporated as accessory uses,
Car Wash means a facility for the washing of motor vehicles,
Carport means a structure usually attached to the principal building and enclosed not more
than sixty percent (60%) of the total of the 4 elevations,
Cemetery means land that is set apart or used as a place for the interment of the dead and
which may include a structure for the purpose of the cremation of human remains and
facilities for storing ashes of human remains that have been cremated or the interment of the
dead in sealed crypts or compartments,
Child Care Facility means the use of a building, or portion of a building, for the provision of
care, instruction, maintenance, or supervision of 7 or more children under the age of 13
years, by persons other than those related by blood or marriage, for periods not exceeding
24 consecutive hours and includes all day care centres, early childhood services, nurseries
and after school or babysitting programs which meet this definition,
Church means a building wherein persons regularly assemble for religious worship, and
which is maintained and controlled by a religious organization,
Club or Lodge, means a building or a part of a building used as the premises of a social,
cultural or entertainment organization, the use of which is open to the public,
Club or Lodge, Private means a building or a part of a building used as the premises of a
social, cultural or entertainment organization which is characterized by private and exclusive
membership,
Coin Laundry means a building or part of a building used for the purpose of cleaning
articles of fabric through the process of laundering thorough coin operated machines,
Community Hall means a building, or a part of a building, used primarily as a meeting place
for a community organization and / or as a location for the social or sports functions of that
organization without purpose of gain,
Condominium means the individual ownership of a unit in a multi-unit structure as defined
in the Condominium Property Act,
Confined Feeding Operation means an agricultural operation as defined in the Agricultural
Operations Practices Act,
Contractor Services means a building or portion of a building used for the provision of
trades related services and the accessory sales of goods normally associated with the
contractor services where all materials are kept within an enclosed building, and no fleet
storage of more than four vehicles or pieces of mobile equipment, typical uses include
carpenters, cabinet makers, interior decorators, electricians, gas fitters, metal workers,
painters pipe fitters, plumbers, upholsterers, tinsmiths, and other contracted services,
PART TWO - DEFINITIONS
5
Convenience Retail Store means a retail store that has a limited quantity of food and
consumer products, is small in size, and has extended hours of operation,
Council means the elected Council of Village of Mannville,
Cremation and Interment Services means those operations relating to the disposal of
human remains as a support service to, but distinct from, funeral services,
Crematorium means the use of a building, or a portion of a building, fitted with the proper
appliances for the purposes of the cremation of human remains and includes everything
incidental or ancillary thereto,
Cultural Establishment means the use of a building, or portion of a building, for the display
of cultural, historical, scientific, artistic exhibits or performances or such activities as
meetings and administration ancillary to these uses,
Deck means an uncovered horizontal structure with a surface height greater than 0.6
metres above grade at any point, but generally no higher than the first storey floor level,
and intended for use as a private outdoor amenity space,
Development means:
-
An excavation or stockpile and the creation of either of them, or
-
A building or an addition to, or replacement of, or repair of a building and the
construction or placing in, on, over or under any land of any of them, or
-
A change of use of land or a building or an act done in relation to land or a building
that results in or is likely to result in a change in the use of the land or building, or a
change in the intensity of use, or
-
A change in the intensity of use of land or a building or an act done in relation to
land or a building that results in or is likely to result in a change in the intensity of
use of the land or building,
Development Agreement means an agreement required as a condition of approval of a
Development Permit or a Subdivision Approval, pursuant to the Municipal Government Act
and this Bylaw,
Development Completion Certificate (DCC) means a certificate issued by the
Development Officer confirming that the requirements and conditions of a Development
Permit have been satisfactorily completed,
Development Officer (DO) means a person appointed as a Development Officer who is
responsible for carrying out the duties listed in this Bylaw and the Subdivision and
Development Authority Bylaw;
Development Permit means a document issued by the Development Officer authorizing a
development issued pursuant to this Land Use Bylaw and includes plans and conditions of
approval,
Discretionary Use means the use of land or a building provided for in a Land Use Bylaw for
which a development permit may be issued by the Development Officer upon an application
having been received,
Drive-Through means an establishment providing attendant services or services at drive-up
windows for patrons in motor vehicles,
PART TWO - DEFINITIONS
6
Driveway means that portion of a lot used to provide access from the street to a parking
space or spaces and which has been graded, constructed and maintained with concrete,
asphalt or other hard surface and dustless materials,
Duplex means a building containing 2 dwelling units sharing a common wall and located
one above the other,
Dwelling means any building or structure used exclusively for human habitation and which
is supported on a permanent foundation or base extending below ground level and includes
multiple dwellings, apartments, lodging and boarding houses, but does not include mobile
homes or any kind whether standing on wheels or supported by blocks, jacks, or any other
temporary foundation,
Dwelling Unit means a complete building or self contained portion of a building, set, or suite
of rooms for the use of one or more individuals living as a single housekeeping unit,
containing sleeping, cooking, and separate or shared toilet facilities intended as a
permanent or semi-permanent residence not separated from direct access to the outside by
another separate or self contained set or suite of rooms,
Dwelling Unit, Secondary means an additional dwelling unit on a lot designated for a single
dwelling,
Dwelling, Single-Detached means a building which contains only 1 dwelling unit and,
except as otherwise allowed in this Bylaw, is used for no other purpose,
Dwelling, Semi-Detached means a building containing 2 dwelling units sharing a common
wall and located side by side,
Easement means a negotiated interest in the land of another which allows the easement
holder specified uses or rights without actual ownership of the land,
Eaveline means the horizontal line on a building that marks the extreme edge of the
overhang of a roof and where there is no overhang, the eaveline shall be the horizontal line
at the intersection of the wall and roof,
Entertainment Establishment means a premises or a business establishment providing
entertainment where the majority of patrons are seated and where food or beverage may be
offered for sale as an ancillary use, typical sues include theatres, dinner theatres and
comedy clubs, but does not include an Adult Entertainment Establishments,
Environmental Reserve (ER) means the land specified to be Environmental Reserve by
the Development Officer in accordance with the Municipal Government Act;
Equipment, Heavy means tools and equipment designed to be hauled or driven for the
purposes of commercial and industrial use,
Equipment, Light means power-driven tools which are designed to be carried by not more
than 2 persons, or power-driven tools which are typically owned and operated for home use,
as opposed to commercial / industrial use,
Existing means in place as of the date of adoption of this Bylaw or any amendments this
Bylaw,
Farmer's Market means development used for sale of goods by multiple vendors renting
tables or spaces in an enclosed building; vendors may vary from day to day, although the
PART TWO - DEFINITIONS
7
general layout of space to be rented remains the same; the goods sold are generally
household items, crafts, food products or concessions, plants, clothing and furniture,
Fence means a vertical physical barrier constructed to provide visual screening or to prevent
access,
Financial Institution means a full-service bank, trust company, credit union or similar
banking establishment,
Floor Area Ratio, Gross means the total area of all floors of all buildings including
accessory buildings located on any parcel measured from the outside surface of the exterior
walls, excluding the area of basement floors, except that basement suites in apartment
buildings shall be included in the calculation of gross floor area,
Floor Area, Net means the gross floor area defined by the inside dimensions for each floor
minus the horizontal floor area on each floor used for corridors, elevators, stairways,
mechanical rooms, workrooms, washrooms, lobbies, and other non-rentable areas,
Fourplex means a single building comprised of 4 dwelling units, each having a separate
direct entrance from grade,
Frontage means the linear distance measured along the front property line parallel to and
along a street, but does not include a lane,
Funeral Parlour means a building designed for the purpose of furnishing funeral supplies
and services to the public and includes facilities intended for the preparation of human
remains for interment or cremation,
Garage, Private means a freestanding or attached structure, designed with the intent for the
storage or shelter of automobiles, whether or not it is so used,
Garden Centre means a building, a structure, and lands associated therewith, for the sale of
plants, shrubs, trees or similar vegetation together with gardening tools and implements
which are sold at retail from such building or lot to the general public,
Gas Station means premises used or intended to be used for the sale of minor automotive
parts and accessories, gasoline, propane, lubrication oils and associated automotive fluids
and a limited range of convenience goods,
Golf Course means a public or private area operated for the purpose of playing golf,
including a club house and recreational facilities, accessory driving ranges, and similar uses;
Grade means
-
In Residential Districts: the average elevation of the natural or finished level of the
ground adjoining a building at all exterior walls,
-
In all other Districts: the elevation, established by the Municipal Engineer, of the
crown of the abutting street. In the event that 2 grades are involved, the average of
the 2 shall be used as the grade for the site,
Greenhouse means a building or structure intended for the cultivation of plants, shrubs and
trees and is not a retail operation,
Group Home the use of a building, or a portion of a building, as a facility which is
recognized, authorized, licensed or certified by a public authority as a social care facility
intended to provide room and board for 7 or more residents, excluding staff, for foster
children or disabled persons, or for persons with physical, mental, social or behavioral
PART TWO - DEFINITIONS
8
problems, and which may be for the personal rehabilitation of its residents either through
self-help or professional care, guidance and supervision. 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. The Use Class does
not include Extended Medical Treatment Services such as drug and alcohol addiction
treatment centres. A typical use is a "half way house" of 7 residents or more, excluding
staff,
Group Home, Limited means development consisting of the use of a building as a
facility which is recognized, authorized, licensed or certified by a public authority as a
social care facility intended to provide room and board for 6 or fewer residents, exclusive
of staff, for foster children or disabled persons, or for persons with physical, mental,
social or behavioral problems, and which may be for the personal rehabilitation of its
residents either through self-help or professional care, guidance and supervision. 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 use class does not include Extended Medical Treatment Services such as drug and
alcohol addiction treatment centers. A typical use is a half way house of 6 residents or
less, excluding staff,
Hard-Surfaced means the construction of parking pads and/or driveways using materials
that, for example, may consist of the following substances for finishing the surface:
-
Residential Districts: paving stones, asphalt, and concrete,
-
Commercial and Industrial Districts: asphalt and concrete,
Health Care Facility means a building, or a portion of a building, for the provision of health
services,
Health Services means the use of a building, or a portion of a building, for supplying
physical and mental health services on an out-patient basis; typical uses include medical
and dental offices, clinics, and counselling services,
Home Occupation means any occupation trade, profession, or craft carried out by an
occupant of a residential building as a use secondary to the residential use of the building,
and which does not change the character thereof or have any exterior evidence of such
secondary use other than a small name plate, not exceeding 0.2 metres in area. A home
occupation does not include the keeping of a stock in trade, or the employment of more than
one paid assistant other than the occupant and the occupant's family,
Hospital means any institution, building or other premises or place established for the
maintenance, observation, medical and dental care and supervision and skilled nursing care
for persons afflicted with or suffering from sickness, disease or injury or for convalescent or
chronically ill persons,
Hotel means an establishment used primarily for sleeping accommodations provided for a
fee on a daily basis, accessible only through a central lobby with on site parking; the building
may also contain accessory commercial, and food and beverage service uses,
Indoor Storage means the use of a building, or portion of a building, exclusively for the
storage of goods and materials,
Illumination means lighting by artificial means,
Intensity means the relative degree of utilization or capacity of a site or building,
PART TWO - DEFINITIONS
9
Issuance means the date a Development Permit or order is issued by the Development
Officer,
Key Lock Gas Service means premises used or intended to be used for the sale of
gasoline, lubrication oils, bulk oil, propane gas, and associated automotive fluids using an
automated key lock system;
Landscaped Area 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,
Landscaping means the modification and enhancement of a site through the use of any or all
of the following elements:
-
Soft landscaping consisting of vegetation such as trees, shrubs, hedges, grass and
ground cover,
-
Hard landscaping consisting of non-vegetative materials such as brick, stone,
concrete, tile and wood, excluding monolithic concrete and asphalt,
-
Architectural elements consisting of wing walls, sculptures and the like,
Lane means a public thoroughfare typically located to the side or rear of a lot which provides
a secondary means of access to a site or sites;
Laundry Facility means a building or part of a building used for the purpose of receiving
articles or goods of fabric to be subjected to the process of laundering, dry cleaning, dry
dyeing or cleaning elsewhere, and for the pressing and distribution of any such articles or
goods which have been subjected to any such process, and shall include a self-service
laundry and/or self-service dry cleaning, and excludes coin operated laundry facilities,
Light Equipment, Sale and Rental means the use of a building or site, or a portion of a
building or site, for the sale or rental of equipment including but not limited to tools,
appliances, office machines, light construction equipment, or similar items,
Local Authority means an authority as defined in the Hospitals Act, the Public Health Act,
the Regional Health Authorities Act, or the School Act,
Lodger means a tenant in someone's dwelling,
Lot means a lot as defined by the Municipal Government Act,
Lot Area means the area contained within the boundaries of a lot as shown on a plan of
subdivision or described in a Certificate of Title,
Lot Width means the distance between the side property lines of the lot measured at right
angles from the mid-point of the shortest side property line,
Manufacturing means the use of land, buildings or structures for the purpose of assembly,
making, preparing, inspecting, finishing, treating, altering, repairing, storing or adapting for
sale of any goods, substance, article, thing or service,
Manufacturing, Light means the limited range of manufacturing activities which do not
involve the use of large scale industrial equipment or operations,
Mixed Use means a variety of commercial, office, residential and other uses that are
integrated vertically and horizontally within a comprehensively-designed development
area that emphasizes street-oriented, compact, and pedestrian-oriented urban
development,
PART TWO - DEFINITIONS
10
Mobile Home means a structure whether ordinarily equipped with wheels or not that is
manufactured to be moved from one point to another by being towed or carried and which
provides year round living accommodation for one or more persons and can be connected to
utilities and includes single and double wide units,
Mobile Home Park means a parcel of land under 1 title, which provides spaces for the long-
term parking and occupancy of mobile homes,
Mobile Home Sales means the sale of mobile homes,
Modular Home means a factory-built detached or semi-detached transportable home
designed to be used by itself or to be incorporated with similar units as a building site into a
modular structure and intended for year round habitation; the term is intended to apply to
major assemblies and does not include prefabricated panels, trusses, plumbing trees, and
other prefabricated sub-elements which are to be incorporated into a structure at the site,
Modular Home Sales means the sale of modular homes,
Motel means a building or a group of buildings on a site designed to provide separate
sleeping units provided for a fee on a daily basis, usually accessible other than through a
central lobby, with on site parking; the site may also contain commercial and personal
service uses and food and beverage rooms,
Movable Structure means a building, structure, or object that is not attached to a
permanent foundation and is designed to be removed or relocated within 24 hours without
structural alteration,
Municipality means the Village of Mannville,
Municipal Government Act (MGA) means the Municipal Government Act RSA 2000,
Chapter M-26, and amendments thereto,
Municipal Reserve (MR) means land specified to be Municipal Reserve by the
Development Officer in accordance with the Municipal Government Act,
Non-Conforming Building means a building that is lawfully constructed or lawfully under
construction at the date this Land Use Bylaw or any amendment thereof affecting the
building or land on which the building is situated becomes effective, and that on the date
the Land Use Bylaw or any amendment thereof becomes effective does not, or when
constructed will not, comply with the Land Use Bylaw,
Non-Conforming Use means a lawful specific use being made of land or a building or
intended to be made of a building lawfully under construction, at the date this Bylaw or any
amendment to this Bylaw affecting the land or building becomes effective, and that on the
date this Bylaw or any amendment to this Bylaw becomes effective does not, or in the case
of a building under construction will not, comply with this Bylaw,
Nursing Home means an institution or a distinct part of an institution which is licensed and
approved to provide health care and social support for 24 or more consecutive hours for 2 or
more patients who require such care on a daily basis and who are not related to the
governing authority or its members by marriage, blood or adoption,
Office means a building or a portion of a building designed, intended, or used for the
practice of a profession, the carrying on of a business, the conduct of public administration,
or, where not conducted on the site thereof, the administration of an industry, but shall not
PART TWO - DEFINITIONS
11
include a retail commercial use, any industrial use, clinic, financial institution, place of
amusement or place of assembly,
Office, Home means the use of a dwelling as a professional or business office for gain or
support by a person who occupies the dwelling as their private residence and shall be
limited to a desk, telephone, facsimile and other basic office equipment; typical uses
include plumbers, home representatives (other than a main supplier or distributor),
accountants and catalogue sales where there is no warehousing of goods and no client
contact in the home,
Parcel means the aggregate of 1 or more areas of land described in a Certificate of Title or
described in a certificate of title by reference to a plan filed or registered in a Land Titles
Office,
Park means land developed for public recreational activities that do not require major
buildings or facilities, and includes picnic areas, playgrounds, pedestrian and bicycle
paths, landscaped areas and associated public washrooms,
Parking Lot means an area of land used principally for the parking of vehicles,
Patio means an uncovered horizontal structure with a surface height no greater than 0.6
metres above grade at any point and which is adjacent to a residential dwelling and
intended for use as a private outdoor amenity space,
Permitted Use means the use of land or a building provided for in this Land Use Bylaw for
which a development permit shall be issued upon an application having being made and
being in compliance with this Bylaw,
Personal Service Business means a facility for providing a service to individuals on a
commercial basis and includes such uses as photography studios, barber shops, beauty
parlours, dress-makers, shoe repair shops, tailors, and spas, and excludes massage
parlours and escort services,
Porch means an unenclosed, covered structure forming an entry to a building; a porch shall
be included in site coverage calculations,
Principal Building means the largest building on the site or the building which houses the
primary purpose, for which the site is used,
Principal Use means the use of a site or of a building which constitutes the primary
purpose, for which the site or building is used,
Public or Quasi Public Building means a building which is available for the use and
enjoyment of the residents of the Municipality for the purpose of assembly, culture, and
recreational activity,
Public or Quasi-Public Utilities, Installations and Facilities means utility buildings,
installations and facilities owned or operated by or for the Municipality, the provincial
government, the federal government or a corporation under federal or provincial statute for
the purpose of furnishing services or commodities for the use of the residents of the
Municipality,
Recreation Facilities, Outdoor means facilities which are available to the public for sports
and active recreation conducted outdoors; typical uses include driving ranges, miniature golf
courses, sports fields, outdoor tennis courts, outdoor ice surfaces or rinks, go-cart tracks,
PART TWO - DEFINITIONS
12
amusement parks, athletic fields, boating facilities, public swimming pools, bowling greens,
and fitness trails,
Recreation Facility, Indoor means facilities which are available to the public for sports and
active recreation conducted indoors; typical uses include athletic clubs, health and fitness
clubs, curling, roller skating and hockey rinks, public swimming pools, bowling alleys,
racquet clubs, arenas, and billiard halls,
Recreational Vehicle means a portable structure designed and built to provide
temporary living accommodation and to be transported on its own wheels or carried by
another vehicle or a vehicle designed and intended to be used for recreational purposes;
examples include motor homes, campers, travel trailers, tent trailers, snowmobiles, jet
skis, boats or similar types of vehicles but do not include mobile homes,
Registered Owner means:
-
In the case of land owned by the Crown in right of Alberta or the Crown in right of
Canada: the Minister of the Crown having the administration of the land, or
-
In the case of any other land: the purchaser of the fee simple estate in the land
under an agreement for sale that is the subject of a caveat registered against the
certificate of title in the land and any assignee of the purchaser's interest that is the
subject of a caveat registered against the certificate of title, or in the absence of a
person described above, the person registered under the land titles act as the
owner of the fee simple estate in the land;
Restaurant, Fast Food means an establishment that includes the preparation and sale of
food for consumption on the premises or by take-out, is not licensed by the Alberta Gaming
and Liquor Commission, does not provide entertainment, and usually incorporates a drive-
through window,
Restaurant, Major means an establishment that is equipped with a full kitchen and
preparation area and provides prepared foods and beverages for consumption on the
premises or by take-out, that is licensed by the Alberta Gaming and Liquor Commission, and
that does not prohibit minors from any portion of the establishment,
Restaurant, Minor means as establishment that provides limited types of food and
beverage for consumption on the premises or by take-out, that is not licensed by the Alberta
Gaming and Liquor Commission, and that typically relies on walk-in clientele; typical uses
include coffee, donut, bagel, sandwich, ice cream and dessert shops,
Retail Store means a building, or part of a building, where goods, wares, merchandise,
substances, articles or things are stored and are for sale at retail price and includes storage
on the premises of limited quantities of such goods, wares, merchandise, substances,
articles, or things sufficient only to service such store but does not include any retail outlet
otherwise defined in this Bylaw,
Retirement Home means a place of residence for persons in or entering retirement where
an independent lifestyle is maintained with little to no assistance required and that may
include additional services such as but not limited to entertainment rooms, kitchens, libraries,
and administrative offices,
Row Housing means a residential use where a building or buildings on a lot are each used
for at least three dwelling units with each unit having direct access to the outside grade, but
shall not mean apartment;
School means publicly supported or subsidized public assembly for educational, training
or instructional purposes, and includes the administration offices required for the
PART TWO - DEFINITIONS
13
provision of such services on the same site; typical uses include public and separate
schools, community colleges, universities, and technical and vocational schools, and their
administrative offices but do not include private and commercial schools,
School, Commercial means a place of instruction operated for profit providing training and
instruction in a skill or service or knowledge-based and does not include public, private or
separate schools under the control of the Provincial Department of Education,
School, Private means a school, other than a school operated by a school board under the
School Act, that provides grade and secondary school instruction to pupils through courses
prescribed or approved by the Minister of Learning,
Screening means the total or partial concealment of a building, structure, or activity by a
fence, wall, berm, soft landscaping, or other screening device,
Service Club means an organization, whose primary purpose is to undertake charitable
activities through the support of its membership,
Sign means a lettered board or other public display intended for the advertising or calling
attention to any person, business, matter, object or event,
Sign, Awning means a sign which is painted on or affixed flat to an awning,
Sign, Canopy means a sign attached to or constructed in or on a face of a canopy or
marquee,
Sign, Construction means a sign, which is placed on a site to advertise items such as the
provision of labour, services, materials or financing on a construction project,
Sign, Facia means a sign that is mounted on and parallel to the face of a building;
Sign, Freestanding means a sign supported independently of a building, wall, or other
structure by way of columns, uprights, braces, masts or poles mounted in or upon grade,
Sign, Portable means a sign which is not permanently attached to or anchored in the
ground, and does not include sandwich board signs as defined in this Bylaw,
Sign, Real Estate means a sign advertising real estate that is for sale, for lease, or for rent
or for real estate that has been sold,
Sign, Roof means any sign erected upon, against, or directly above a roof or on top of or
above the parapet of a building,
Sign, Sandwich Board means a portable sign built of 2 similar pieces of material and
attached at the top by hinges so as to be self supporting when the bottom edges are
separated from each other and designed and built to be easily carried by 1 person;
sandwich board signs are by definition erected on their intended site and removed from the
site on a daily basis,
Sign, Vehicle means a sign attached to, painted on or installed on a vehicle other than a
bus,
Sign, Window means a sign painted on, attached to or installed inside a window intended to
be viewed from outside the premises,
PART TWO - DEFINITIONS
14
Sign Height means the vertical distance measured from the highest point of the sign or sign
structure to the finished grade,
Site means a lot, group of lots, or a portion of a lot on which a building or use exists or which
is, in the opinion of the Development Officer, the subject of an application for a Development
Permit,
Site Area means the area of land contained within boundaries of a site as shown on a site
plan,
Site Depth means the mean horizontal distance between the front and rear boundaries of
the site,
Site Plan means a plan drawn to scale showing the boundaries of the site, the location of all
existing and proposed buildings upon that site, and the use or the intended use of the
portions of the site on which no buildings are situated, and showing fencing, screening,
grassed areas, and the location, species and size of all existing and proposed shrubs and
trees on the site,
Site Width means the horizontal distance between the side boundaries of a site measured
at the front property line,
Site, Corner means a site where the front and a side property line abut 1 or more streets,
Site, Interior means a site which is bounded by 1 street or one street and a lane,
Sports Field means an area of land designed and developed for active organized sport
activities, but does not include golf courses or firearms sports facilities,
Storage means the use of land exclusively for outdoor storage of goods and materials
where such storage of goods and materials does not involve the erection of permanent
structures or the material alteration of the existing state of the land; typical uses include
pipe yards and vehicle or heavy equipment storage compounds,
Storage and Distribution Centre means the use of a building or portion of a building or site
or portion of a site for shipping and receiving processed or manufactured goods and
materials,
Storey means the space between the top of any floor and the top of the next floor above it,
and if there is no floor above it, the portion between the top of the floor and the ceiling above
it,
Storey, First means the storey with its floor closest to grade and having its ceiling more than
2 metres above grade,
Storey, Second means the storey located immediately above the first storey,
Structure means anything constructed with a fixed location on the ground or attached to
something having a fixed location on the ground, including, but not exclusive to walls, light
standards, fences and signs,
Subdivision and Development Appeal Board means the group of people appointed to
carry out the duties of the Subdivision and Development Appeal Board as outlined and
required in this Bylaw, the Subdivision and Development Authorities Bylaw, and the
Municipal Government Act,
PART TWO - DEFINITIONS
15
Suite means a single room or series of rooms of complementary use, operated for tenancy
and including a dwelling unit,
Swimming Pools, Private means any privately owned pool constructed or pre-fabricated
primarily for swimming or bathing and is more than 0.6 metres in depth,
Temporary means a period of time up to 3 years,
Temporary Building means a building constructed or placed without any foundation below
grade or any other building determined by the Development Officer to be temporary as a
condition to the issuance of the Development Permit,
Tenancy Permit means the type of Development Permit required to occupy a building, or
portion of a building, for which a Development Permit has been issued for the building shell
and site development and all conditions of the Development Permit approval have been
previously fulfilled,
Townhouse, see Attached Housing,
Unenclosed means an outdoor space or structure which is surrounded by not more than 2
walls, roof, lattice, or other enclosing device whatsoever above 1.2 metres in height, as
measured from the floor,
Unfinished Building means a building, or portion of a building, which is, in the opinion of
the Development Officer, incomplete as to structure or finish, or which lacks the proper
installation of any of the normal appurtenances,
Veranda means a porch along the outside of a building which is sometimes partly
enclosed,
Veterinary Clinic means a facility for the medical care and treatment of animals and
includes provision for their overnight accommodation but does not include kennels, outdoor
pens, runs or enclosures,
Veterinary Hospital means a facility for the medical care and treatment of animals and
includes provision for their overnight accommodation and confinement in outdoor pens, runs
or enclosures,
Village means the Municipal Corporation of the Village of Mannville, and where the context
requires, means the area of land contained within the boundaries of the Municipality's
corporate limits,
Village Property means Municipal Reserve, Municipal Road Right-of-Way, Environmental
Reserve, other Public Utility Lots and any other land that the Municipality has title to,
Warehouse means a building or a portion of a building for the indoor storage of goods or
materials on a relatively large scale and on a commercial basis;
Yard means an open space on a site which is unoccupied and unobstructed by the principal
building, except as otherwise allowed for in this Bylaw;
Yard, Front means a yard extending across the full width of a parcel from the front line of
the parcel to the front wall of the main building situated on the parcel,
Yard, Rear means a yard extending across the full width of a parcel from the rear wall of the
main building situated on the parcel to the rear line of the parcel,
PART TWO - DEFINITIONS
16
Yard, Side means a yard extending from the front wall of the main building situated on a
parcel to the rear wall of the main building and lying between the side line of the parcel and
the side wall of the main building,
(2)
All other words and expressions have the meanings respectively assigned to them
in the Municipal Government Act.
PART THREE - ADMINISTRATIVE
17
Section 3.1 - Applicability of Bylaws and Permits
(1)
Development Permits Required:
Except as provided for in Section 3.1(2) of this Bylaw, no person shall undertake
any development unless:
(a)
A Development Permit has been approved and issued in accordance with
this Bylaw,
(b)
The conditions of Development Permit approval have been met, and
(c)
A Building Permit has been obtained under the requirements of the Safety
Codes Act.
(2)
Development Permits Not Required:
The following developments do not require a development permit:
(a)
Works of maintenance, repair and alteration of a structure, both internal
and external, if in the opinion of the Development Officer such work:
(i)
Does not include structural alterations, and
(ii)
Does not change the use or intensity of the use of the structure,
and
(iii)
Is performed in accordance with all other government legislation
or regulations.
(b)
The erection or construction of gates, fences, walls, or other means of
enclosure less than 1 metre in height in front yards and less than 2
metres in height in side and rear yards, and the maintenance,
improvement, and other alteration of any gates, fences, or walls or other
means of enclosure.
(c)
A temporary building, the sole purpose of which is incidental to the
erection or alteration of a building for which a permit has been issued
under this Bylaw.
(d)
The maintenance and repair of public works, services, and utilities carried
out by or on behalf of Federal, Provincial, or Municipal public authorities
on land which is publicly owned or controlled.
(e)
The use of a building or part of a building as a temporary polling station
for a Federal, Provincial, or Municipal election, referendum, or plebiscite.
(f)
An official notice, placard or bulletin required to be displayed according to
the provisions of Federal, Provincial or Municipal legislation.
PART THREE - ADMINISTRATIVE
18
(g)
The construction, maintenance or repair of private walkways, private
pathways, private driveways and similar works.
(h)
The erection of antenna structures and cell towers.
(i)
The erection of movable structures, as defined in Section 2.1 of this
Bylaw, so long as they conform to this Bylaw.
(j)
At the discretion of the Development Officer, minor changes to approved
Development Permits where there is no intensification to the use or site
and site assessment is not affected.
(k)
Home Occupation permits classified as home offices, as defined in
Section 2.1 of this Bylaw, provided they conform to the requirements of
this Bylaw.
(3)
Development Permit Applications:
(a)
An application for a Development Permit shall be made by submitting to
the Development Officer the prescribed form, signed by the owner or his
authorized agent, and accompanied by a site plan indicating the following:
(i)
the legal description of the site,
(ii)
the municipal address of the site,
(iii)
a north arrow,
(iv)
the scale of the plan,
(v)
all property lines,
(vi)
all setbacks,
(vii)
the location of any buildings, dimensioned to property lines, and
any structures including utility facilities,
(viii)
floor plans and elevations and sections in duplicate, including a
description of the exterior finishing materials,
(ix)
a statement of use(s),
(x)
a statement of ownership and the interest of the applicant therein,
(xi)
the estimated commencement and completions dates, and
(xii)
the estimated cost of the project or contract price.
(b)
At the discretion of the Development Officer, the following additional
information may be required:
PART THREE - ADMINISTRATIVE
19
(c)
A copy of the Certificate of Title indicating ownership and any
encumbrances,
(d)
When an authorized agent submits the application, a letter
granting that authorization from the owner of land shall be
submitted,
(e)
The layout of soft and hard landscaping, pedestrian circulation
and open space systems, screening, berms, slopes, and retaining
walls,
(f)
The types, sizes, and numbers of plant material and the types of
hard landscaping,
(g)
The site plan to show an outline, to scale, of adjacent buildings on
adjoining sites, indicating building height, yard dimensions, the
use of the building and any windows overlooking the new
proposal,
(h)
A vicinity map of appropriate scale, indicating the location of the
proposed development in relation to nearby local access streets
and other significant physical features which may have a bearing
on the proposed project,
(i)
Photographic prints showing the site in its existing state
(j)
Photographic prints, slides, or drawings which show, to the
satisfaction
of
the
Development
Officer,
by
way
of
superimposition, overlays, or otherwise, how the form, mass and
character of the proposed development will relate to existing or
planned facades of neighbouring developments,
(k)
A detailed report showing, to the satisfaction of the Development
Officer, the impact of additional traffic resulting from the proposed
development,
(l)
An Environmental Site Assessment (ESA) report, and
(m)
Such additional information as the Development Officer may deem
necessary.
(c)
All drawings required to be submitted shall be drawn on standard drafting
material to a scale of not less than 1:100 or such lesser scale as the
Development Officer may approve and shall be fully dimensioned,
accurately figured, explicit and complete.
(d)
Each application for a development permit shall be accompanied by the
fee established by Council.
PART THREE - ADMINISTRATIVE
20
(e)
An application for a Development Permit shall be deemed incomplete
where the use specified on the application is not on the list of permitted or
discretionary uses for that District.
(f)
When sufficient details of the proposed development have not been
included with the application for a Development Permit as set out in this
Bylaw, the Development Officer may return the application to the
applicant for further details.
(4)
Compliance with Other Bylaws and Regulations:
(a)
Compliance with the requirements of this Bylaw does not afford relief from
compliance with the Municipal Government Act, or other Statutory Plans,
Bylaws and Regulations affecting the Development in question.
(5)
Non-Conforming Uses and Non-Conforming Buildings:
(a)
Non-conforming uses and non-conforming buildings are governed by the
Municipal Government Act.
(6)
Severability Provision:
(a)
If any section, subsection, sentence, clause or phrase of this Bylaw is for
any reason found invalid by the decision of any court of competent
jurisdiction, such decision shall not affect validity of the remaining portions
of this Bylaw.
Section 3.2 - Administrative Agencies
(1)
Development Officer:
(a)
The Development Officer, as established by separate Bylaw, is
authorized to act as the Development Officer on those matters prescribed
in Section 3.3 of this Bylaw.
(2)
Subdivision and Development Appeal Board:
(a)
The Subdivision and Development Appeal Board, as established by
separate Bylaw, is authorized to perform such duties as specified in the
Subdivision and Development Authority Bylaw and the Municipal
Government Act.
Section 3.3 - Duties and Responsibilities of the Development
Officer
(1)
The Development Officer shall:
PART THREE - ADMINISTRATIVE
21
(a)
Keep and maintain for the inspection of the public during office hours, a
copy of this Bylaw and all amendments made to this Bylaw and ensure
that copies of same are available to the public at a reasonable charge.
(b)
Make available for inspection by the public during office hours a register
of all applications for Development Permits and the decisions made for a
minimum of 7 years.
(c)
Receive all applications for Development Permits.
(d)
Administer this Bylaw and decide upon all Development Permit
applications.
(e)
Collect the fees required to be submitted with all development permit
applications.
(f)
Instruct the proponent of an application for use which is not listed as
permitted or discretionary use in the district in which the building or land is
situated, of his or her opinion of applying to Council for an amendment to
this Bylaw.
(g)
Sign and issue all Development Permits and shall issue all decisions and
notices.
(h)
Decide on time extensions as refereed to in Section 3.4(1h) of this Bylaw.
(2)
The Development Officer may:
(a)
Issue an Order respecting a development or use of land in accordance
with the Municipal Government Act.
(3)
Development Referrals:
(a)
The Development Officer may refer to an adjacent Municipality for
consideration and recommendation on any matter or any application for a
Development Permit:
(i)
That is of interest to an adjacent municipality, or
(ii)
That is in accordance with any Intermunicipal Development Plan
or agreement.
(b)
The Development Officer may refer for comment any matter or any
application for a Development Permit to any authority they deem
necessary.
(c)
Having received a reply on a matter referred to any authority, the
Development Officer shall make a decision giving due consideration to
the recommendations.
PART THREE - ADMINISTRATIVE
22
(d)
After 30 days from the date the referral was sent, an application referred
to any authority may be dealt with by the Development Officer whether or
not comments have been received.
(4)
Decisions:
(a)
In approving an application for a Development Permit for a permitted use,
the Development Officer may:
(i)
Approve the application with or without conditions upon the
application conforming to the provisions of this Bylaw, and
(ii)
Require, as a condition of approval, that the owner of the site
enter into a Development Agreement with the Village to:
-
Construct or pay for the construction of public roadways or
parking, and / or
-
To install or pay for the installation of public utilities, and /
or
-
To pay any off-site levy or redevelopment levy established
by separate Bylaw.
(b)
In making a decision on an application for a Development Permit for a
discretionary use, the Development Officer may:
(i)
Approve the application with or without conditions and restrictions
considered appropriate or necessary, and
(ii)
Require as a condition of approval that the owner of the site enter
into a Development Agreement with the Village, or
(iii)
Refuse the application including reasons for the refusal.
(c)
In the case where an application for development permit has been
refused pursuant to this Bylaw or ultimately after an appeal as outlined in
the Municipal Government Act, the submission of another application on
the same property for the same or similar use by the same or any other
applicant may not be accepted by the Development Officer for at least six
(6) months after the date of the previous refusal.
(i)
Despite the above and at the discretion of the Development
Officer, when the details of a development permit application are
altered so as to materially change the circumstances of the
refusal, a new application may be received at an earlier time.
(d)
In the case where a proposed specific use of land or a building is not
provided for in any district in this Bylaw, the Development Officer may
determine that such use is similar in character and purpose to another
permitted or discretionary use listed in that district and may review and
decide upon the application based on this determination.
PART THREE - ADMINISTRATIVE
23
(e)
The Development Officer shall not approve an application for a
Development Permit that is not in conformity with the statutory plans of
the Village.
(f)
The Development Officer may limit the hours of operation as a condition
of Development Permit approval based on planning related concerns.
(g)
An application for a development permit may, at the opinion of the
applicant, be deemed to be refused where a decision thereon is not made
by the Development Officer within 40 days of the receipt of the complete
application and the person claiming to be affected may appeal in writing
as provided for in this Bylaw as though they had received a refusal.
(h)
The Development Officer may deem an application incomplete and close
the file on the same when additional or requested information or a reply
has not been submitted within 30 calendar days from the date of the letter
or verbal request.
Section 3.4 - Issuance of Development Permits and Notices
(1)
Development Permits:
(a)
When an application for a Development Permit for a discretionary use is
approved, with or without conditions, the notice of decision shall be
mailed to the applicant and a notice shall be published over a period of 14
days in a newspaper circulating the Municipality stating the location of the
property for which the application has been made and the use for which it
was approved.
(b)
When an application for a Development Permit for a permitted use is
approved, with or without conditions, the notice of decision shall be given
to the applicant.
(c)
When an application for a Development Permit is refused, the notice of
decision, including the reason(s) for refusal, shall be mailed to the
applicant.
(d)
For purposes of this Bylaw, a notice of decision of the Development
Officer on an application for a Development Permit for an approved
permitted use and a refused permitted use or a refused discretionary use
is deemed to be given on the date the notice of decision is mailed to the
applicant.
(e)
For the purposes of this Bylaw, a notice of decision of the Development
Officer on an application for a Development Permit for an approved
discretionary use is deemed to be given on the date the notice of
development is first published in a newspaper circulating in the Village.
(f)
A Development Permit for a discretionary use shall not be issued:
PART THREE - ADMINISTRATIVE
24
(i)
Until 14 days after the notice of decision has been given pursuant
to this Bylaw, and
(ii)
Until all conditions of development approval have been met to the
satisfaction of the Development Officer.
(g)
When an appeal is made in accordance with the Municipal Government
Act, a Development Permit which has been approved shall not be issued
unless and until the decision of the Development Officer has been upheld
by the Subdivision and Development Appeal Board.
(h)
If the development authorized by a Development Permit has not
commenced within 12 months from the date of issuance, and completed
within 24 months from the date of issuance, and unless an extension to
this period has been granted by the Development Officer, the permit is
deemed to be invalid.
(i)
Despite the above, the time period for commencement or
completion of a development may be extended up to an additional
twelve (12) months at the discretion of the Development Officer.
(i)
When it appears to the Development Officer that a Development Permit
has been obtained by fraud or misrepresentation, the Development
Officer may suspend or cancel the permit.
(j)
The Development Officer shall not issue a Development Permit for a
development which is to be serviced by a private sewer and water system
until the systems have been approved by the appropriate Municipal and
Provincial Departments.
(k)
A Development Permit issued in accordance with this Bylaw is not a
building permit and although plans and specifications for buildings may
have been submitted as part of an application for a Development Permit,
neither work nor construction shall commence nor proceed until a building
permit has been issued pursuant to applicable regulations.
(2)
Temporary Permits:
(a)
When considering an application for a temporary permit, the Development
Officer may allow reduced standards respecting paved parking,
landscaping and site development.
(b)
As a condition of approval for a temporary permit, the applicant may be
required to provide security to the Municipality in the amount of the value
of the site improvements required by the permit.
(c)
Security required as part of the approval of a temporary permit shall be in
a form acceptable to the Development Officer and shall be valid for a
period of time equal to or greater than the term of the temporary permit.
PART THREE - ADMINISTRATIVE
25
(3)
Tenancy Permits:
(a)
A tenancy permit shall be obtained prior to occupancy of a building or part
of a building for which a Development Permit has been issued where:
(i)
The specific use as listed in this Bylaw has not been previously
approved, or
(ii)
A change from the currently approved use is proposed.
(b)
Tenancy permit applications shall be made on the prescribed form, shall
be signed by the owner or authorized agent, and shall be accompanied
by the established fee and any other information deemed necessary by
the Development Officer.
(c)
The Development Officer may require that a tenancy permit be subject to
an advertised appeal period or any other conditions deemed necessary.
(4)
Occupancy
(a)
No person shall use or occupy a site or building without first obtaining
approval for site occupancy from the Development Officer.
(b)
Where the Development Officer is satisfied that all the conditions of
development approval have been met, occupancy of the site or building
shall be permitted.
(c)
Despite Section 2.4(4)(b), when a request for site occupancy has been
received and when the Development Officer determines that all conditions
of Development have not been met, the Development Officer may:
(i)
Refuse to permit occupancy of the site or building, or
(ii)
Require that securities be provided to cover development
deficiencies.
(5)
Development Completion Certificates
(a)
An application for Development Completion Certificate (DCC) shall be
made in writing to the Development Officer.
(b)
When the Development Officer is satisfied that all requirements and
conditions of the Development Permit have been met, the Development
Officer shall issue a Development Completion Certificate.
(c)
When the Development Officer is not satisfied that all requirements and
conditions of the Development Permit have been met, they shall:
PART THREE - ADMINISTRATIVE
26
(i)
Request that the owner/developer complete the development
according to the requirements and conditions of approval and give
a timeline for their completion, or
(ii)
Make use of securities taken as part development approval to
complete the development according to the requirements and
conditions of approval.
(6)
Plan Revisions:
(a)
Revisions to approved Development Permit drawings prior to
Development Permit issuance are permitted, subject to the discretion of
the Development Officer.
(b)
Revisions to approved Development Permit drawings after Development
Permit issuance are permitted, subject to the discretion of the
Development Officer.
(c)
Applications for a plan revision after Development Permit issuance shall
be made in writing to the Development Officer and shall state the reasons
for the revision.
(d)
Applications for plan revision after Development Permit issuance shall be
accompanied by the required fee, the amount of which is established by
separate Bylaw.
(i)
The approval of applications for plan revisions after Development
Permit issuance may be subject to conditions, subject to the
discretion of the Development Officer.
(e)
Requests for plan revisions made after Development Completion
Certificate issuance require a new Development Permit application and
accompanying fee.
Section 3.5 - Forms and Notices
(1)
For the purpose of administering the provisions of this Bylaw, the forms
contained in Section 8.1 shall be used.
(2)
The forms contained in this Bylaw may be altered and changed by the
Development Officer in order to improve their use and functionality, at the
discretion of the Development Officer.
(3)
The forms or notices included in this Bylaw are deemed to have the full force and
effect of this Bylaw in execution for the purpose for which they were designed,
authorized and issued.
(4)
The forms and notices included in this Bylaw may be posted, issued, served, or
delivered.
PART THREE - ADMINISTRATIVE
27
Section 3.6 - Appeals
(1)
Where the Development Officer:
(a)
Refuses an application for a Development Permit, or
(b)
Fails to render a decision on an application for a Development Permit, or
(c)
Approves an application for a Development Permit, or
(d)
Adds conditions to a Development Permit approval, or
(e)
Issues an Order in accordance with this Bylaw,
the person applying for the permit or affected by the issuance of a decision or an
Order may appeal to a Subdivision and Development Appeal Board by serving a
written Notice of Appeal to the Subdivision and Development Appeal Board
within 14 days after the date the decision or Order was mailed or first published.
(2)
For further information on the grounds for appeal and appeal procedures, refer to
the Municipal Government Act.
Section 3.7 - Enforcement
(1)
Right of Entry:
(a)
For the purposes of administering this Bylaw, the Development Officer is
hereby designated as the Designated Officer under the provisions of the
Municipal Government Act.
(b)
The procedures that a Designated Officer may use to enter upon land or
a building are governed by the Municipal Government Act.
(2)
Contravention:
(a)
When the Development Officer finds that a development or use of land or
buildings is not in accordance with:
(i)
The Municipal Government Act,
(ii)
A development permit or subdivision approval, or
(iii)
this Bylaw,
the Development Officer may, by notice in writing, order the registered
owner, the person in possession of the land or buildings, or the person
responsible for the contravention of any or all of them to:
PART THREE - ADMINISTRATIVE
28
(i)
Stop the development or use of the land or buildings in whole or in
part as directed by the notice, or
(ii)
Demolish, remove, or replace the development, or
(iii)
Take other such measures that are specified in the notice so that
the development or use of the land or building is in accordance
with the Municipal Government Act, the development permit or
subdivision approval, or the Land Use Bylaw, as the case may be.
(b)
If an Order given under this Bylaw is not complied with within the time
specified, the Development Officer may, in accordance with the Municipal
Government Act and this Bylaw, enter on the land or building and take
any necessary action to carry out the Order.
(b)
In accordance with the Municipal Government Act, where the
Development Officer carries out an Order, Council shall cause the costs
associated with the Order to be placed on the tax roll against the property
concerned and shall be collected in the same manner as taxes.
(3)
Offences and Penalties:
(a)
No person shall:
(i)
Develop any property or allow a development to continue on any
property until a Development Permit and Building Permit have
been issued for the development, or
(ii)
Fail to comply with a Development Permit or the plans and
conditions forming part of the Development Permit, or
(iii)
Make use of land in a manner contrary to the provisions of this
Bylaw.
(b)
A person who does not comply with this Bylaw shall, if convicted, be liable
to:
(i)
A fine of up to $10,000 or imprisonment for a period not exceeding
1 year, or both, plus costs,
(ii)
In addition to any fine or imprisonment, pay a penalty of up to
$10,000 that relates to a fee, cost, rate, toll or charge that is
associated with the conduct that gives rise to the offence,
(iii)
Imprisonment for a period not exceeding 1 year if the fine, or costs
or penalties are not paid on time.
(c)
The Development Officer may suspend or cancel the Development Permit
for the site on which the breach of this Bylaw has occurred.
PART THREE - ADMINISTRATIVE
29
Section 3.8
Amendments
(1)
Amendment Procedure:
(a)
Council may, by Bylaw, amend or repeal this Bylaw.
(b)
Prior to granting second reading to a proposed Bylaw that amends or
repeals this Bylaw, Council shall hold a public hearing in accordance with
the Municipal Government Act.
(c)
Any amendments to this Bylaw shall comply with the statutory plans of
the Village.
(d)
An application to amend this Bylaw may be made by any person by
submitting to the Development Officer:
(i)
The prescribed application form, duly completed and signed,
(ii)
The required fee,
(iii)
In the case of a redesignating amendment:
-
Plan(s) showing the lands which are the subject of the
amendment,
-
Written authorization from the registered owner(s) of the
said lands, and
-
A current copy of the Certificate of Title for the said lands;
(iv)
A written statement of the applicant's reason for the application,
and
(v)
Any other supporting information which, in the opinion of the
Development Officer, is necessary to assess the application.
Section 3.9
Establishment of Districts
(1)
Land Use Districts:
(a)
For the purposes of this Bylaw, the land within the boundaries of the
Municipality shall be divided into one or more of the Districts, as
established in Section 3.9(2) of this Bylaw.
(b)
Throughout this Bylaw and amendments to this Bylaw, a District may be
referred to either by its full name or its abbreviation.
(2)
Districts:
(a)
Residential Single Dwelling District (R-1)
PART THREE - ADMINISTRATIVE
30
(b)
Residential Two Dwelling District (R-2)
(c)
Residential Low Density Multi-Dwelling District (R-3)
(d)
Residential Medium Density Multi-Dwelling District (R-4)
(e)
Residential High Density Multi-Dwelling District (R-5)
(f)
Residential Mobile Home Park District (RMH)
(g)
Central Business District Commercial (C-1)
(h)
Regional Services Commercial District (C-2)
(i)
Industrial Business Park District (IB-1)
(j)
Mixed Use District (MU)
(k)
Public Service District (P-1)
(l)
Urban Holding District (UH)
(m)
Direct Control District (DC)
(3)
Land Use Map:
(a)
The Village is hereby divided into Districts as provided for in Section 3.9
(2) of this Bylaw and the boundaries are delineated on the map referred
to in Section 3.9(3)(b) of this Bylaw, which shall be known as the Village
of Mannville Land Use Map.
(b)
The Village of Mannville Land Use Map, which may be amended or
replaced by Bylaw from time to time, is that map attached to and forming
part of this Bylaw and among other things bearing the following
identification:
(i)
Village of Mannville Land Use Map,
(ii)
Section 3.9(3)(b) of Bylaw No.2006-734
(c)
In the event that a dispute should arise over the precise location of a
boundary of any district as shown on the Land Use Map, Council shall
decide.
PART 4 - GENERAL REQUIREMENTS
31
Section 4.1 - General Requirements for all Districts
(1)
Subdivision of Land:
(a)
Where development of land involves a subdivision of lands, no
development permit shall be issued until the application has been
submitted to the Development Officer and written evidence has been
received by the Development Officer that the necessary subdivision has
been approved.
(2)
Removal of Topsoil/Addition of Fill:
(a)
No person shall commence or continue to commence the removal of
topsoil, or the addition of fill materials, without first obtaining a
development permit.
(3)
Site Development:
(a)
The design, location, external finish, architectural appearance, and
landscaping generally of all buildings, including accessory buildings and
structures and signs and any reconstructions shall be to the satisfaction
of the Development Officer in order that there shall be general conformity
in such matters with adjacent buildings.
(4)
Historical and Archaeological Sites:
(a)
Historical and Archaeological sites pursuant to the relevant provincial
legislation shall be protected.
(5)
Home Occupations and Professional Offices:
(a)
All development permits issued for home occupations and professional
offices shall be revocable at any time by the Development Officer, if in his
opinion, the use is or has become detrimental to the amenities of the
neighbourhood.
Section 4.2 - Setbacks and Site Dimensions
(1)
Site Dimensions:
(a)
The Development Officer may issue a permit if the minimum area or width
of the site does not comply with the Bylaw, provided all other
requirements of the Bylaw are met.
(2)
General Setback Requirements:
(a)
Sites other than corner sites which have frontage on two streets are
recognized as having two front yards and the development shall comply
with the setbacks for the respective District.
PART 4 - GENERAL REQUIREMENTS
32
(b)
The minimum distances required for yards do not apply to construction
that is buried in its entirety.
(c)
Despite other setback requirements, all buildings or structures adjacent
to:
(i)
Water courses, as defined by Alberta Environment, shall be sited a
minimum distance of 15 metres from the bank of the water course,
unless otherwise supported by the Development Officer.
(ii)
Utility corridors, such as high pressure gas lines, shall be sited a
minimum of 15 metres from the line, or as determined by the
Development Officer.
(d)
Despite other setback provisions in this Bylaw, all buildings located
adjacent to railway lines shall comply with setback requirements as
determined by the Development Officer, in consultation with appropriate
authorities.
(3)
Special Setback Requirements:
(a)
Setbacks of all buildings and structures adjacent to:
(i)
anhydrous ammonia storage tanks,
(ii)
liquefied petroleum gas storage tanks,
(iii)
flammable liquid storage tanks,
(iv)
pipelines and other utility corridors, and
(v)
sour gas facilities
shall be determined by the Development Officer in consultation with the
appropriate Provincial government department or agency.
(4)
Developments Encroaching on Village Property:
(a)
No permanent structure or improvement other than a utility or municipal
structure shall be built on or over municipal property with the exception of:
(i)
Private driveways and sidewalks,
(ii)
Private landscaping which is reasonable, in the opinion of the
Development Officer.
(b)
The owner of any encroaching structure or improvement shall be solely
responsible for repairs and/or replacement necessitated due to utility,
access or municipal operations.
PART 4 - GENERAL REQUIREMENTS
33
(c)
The owner of any encroaching structure shall maintain the said structure
in a reasonable state of repair at all time, to the satisfaction of the
Development Officer.
(d)
The owner of such encroaching structures or improvements may be
required to enter into an Encroachment Agreement in a form satisfactory
to the Municipality, respecting the said encroachment.
(5)
Land Near Water or Subject to Flooding or Subsidence:
(a)
Land which is subject to flooding or subsidence, or which is marshy or
unstable, shall not be developed in any way except as it satisfies the
provisions of this section, to the reasonable satisfaction of the
Development Officer.
(b)
Applications for re-designation, subdivision, or development within a flood
risk area shall provide such technical information in support of the
application as may be required by the Development Officer and/or Alberta
Environment, including but not limited to:
(i)
information on the grade elevations of the proposed building site,
the building, as well as the building openings, and mechanical or
electrical equipment all referenced to geodetic elevations, and
(ii)
before a Development Permit is issued, the Development Officer
may require that the applicant provide a certificate containing the
seal and signature of a registered professional engineer or
architect indicating that the requirements of this Bylaw have been
met and that the building or structure is adequately protected
against flood damage.
(c) Despite any other provision of this Bylaw, a permitted use for a site that is
located in the flood risk area shall be deemed a discretionary use.
Section 4.3 - Parking, Loading, and Lighting Standards
(1)
General Regulations:
(i)
All parking stalls and loading spaces shall be clearly marked and
maintained to ensure legibility to users.
(ii)
On-site parking and loading shall be constructed in the manner shown on
the approved site plan and the entire area is to be graded and hard-
surfaced or of a gravel mixture to ensure that drainage will be disposed
of, to the satisfaction of the Development Officer.
(iii)
In the case of single and two-dwelling developments, on-site parking may
be graveled in the rear yard if contained within a constructed border.
PART 4 - GENERAL REQUIREMENTS
34
(iv)
Curbs, concrete bumpers, fences, curb cuts, and flares shall be provided,
to the satisfaction of the Development Officer.
(v)
Areas designated as parking or loading spaces on an approved site plan
shall not be used for storage or display of vehicles, goods, or materials.
(vi)
Developments containing or providing for more than 1 use shall provide
parking and loading facilities equal to the sum of the requirements for all
of the individual uses.
(vii)
For apartment development, a parking area shall not be located in the
front yard unless otherwise allowed by the Development Officer.
(viii)
Where a Development proposes deficient parking and/or loading spaces,
the Development Officer shall determine how the deficiency shall be
provided in order to have the development conform to the parking
requirements of this Bylaw.
(2)
Parking Space Requirements:
(a)
Parking spaces and aisles shall be designed and provided in accordance
with Table 1 and Figure 1.
(b)
Parking spaces shall be calculated on the basis of usable floor area,
unless otherwise stated in this Bylaw, and shall be provided on-site in
accordance with Table 2.
(c)
When a building is enlarged, altered, or a change in use occurs in that
building, provisions shall be made for the additional parking spaces
required under Section 4.3.
(d)
In the case of a use not specified in Section 2.1, the number of spaces
required shall be the same as for a similar use as determined by the
Development Officer.
(e)
Parking spaces shall be designed, located, and constructed to municipal
standards.
(i)
All multi-dwelling, commercial, industrial, and community developments
which deal with the public shall designate 1% of the parking requirement
as handicapped parking and such stalls shall be located close to an
entrance of the development and identified for the use of the physically
handicapped.
(j)
Where there is a fractional number of parking spaces required by this
Bylaw, the next higher number of spaces shall be provided.
(k)
The number of parking spaces required may be reduced by the
Development Officer where the parking required by the various users on a
site will vary according to time so that all needs as defined in this Bylaw
can be met at any given time by a reduced number of stalls.
PART 4 - GENERAL REQUIREMENTS
35
(l)
The Development Officer may allow an applicant to provide a lesser
number of stalls it if can be shown that the standard is not applicable to
the project.
(m)
Each parking area shall be graded and drained as to dispose of all storm
water runoff. In no case shall drainage be allowed to cross a sidewalk
unless permitted otherwise by the Development Officer.
TABLE __1__: MINIMUM DIMENSIONS FOR THE DESIGN OF PARKING AREAS
Stall
Width (A)
Parking Angle
(in degrees) (B)
Aisle Width (C)
Stall Depth
Perpendicular to
Aisle (D)
Parking Unit
Depth (E)
7.0 m
0
(Parallel)
3.5 m (one way) or
7.0 m (two way)
2.9 m
6.4 m (one way) or
12.8 m (two way)
2.7 m
4.0 m
16.0 m
2.9 m
3.8 m
15.8 m
3.05 m
45
3.65 m
6.10 m
15.7 m
2.7 m
4.0 m
18.3 m
2.9 m
3.8 m
18.1 m
3.05 m
60
3.65 m
6.4 m
18.0 m
2.7 m
7.32 m
18.92 m
2.9 m
7.01 m
18.61 m
3.05 m
90
6.70 m
5.8 m
18.3 m
FIGURE 1 - ILLUSTRATION OF PARKING STANDARDS
(Dimensions Related to Column Headings in Table 1)
Table 2 - Parking Requirements
USE
NUMBER
OF SPACES REQUIRED
Assisted Living Facility
.5 /dwelling unit
Automotive Service, Rentals, Automotive
Specialty and Auto Body and Paint Shops
1/46 m2 floor area
Bar / Neighbourhood Pub
1/4 persons capacity plus 1/employee
Bed and Breakfast Facility
1/sleeping unit
Boarding / Lodging Home
1/sleeping unit
Bottle Depot / Recycling Depot
1/46 m2 floor area
Bowling Alley
2.5/lane
Car Wash
1/wash bay plus 1/employee plus 2 stackup/bay
Child Care Facility
1/staff member plus 1/owner vehicle
PART 4 - GENERAL REQUIREMENTS
36
Church
1/8 patrons
Community Building (Library, Archive and
Museum)
1/28 m2 floor area
Clinic
1/37 m2 floor area plus 1/2 full time staff
Commercial School
5/classroom plus 1.5/46m2 of office area
Community Hall
1/5 m2 floor area
Convenience Store
1/37 m2 retail floor area plus 1/93 m2 storage area
Contractor
1/93 m2 floor area
Cultural Establishment
1/5 seats or 1/10 seats in conjunction with another use
Dwelling (Single Detached, Semi-Detached,
Duplex)
2/stalls per dwelling unit
Equipment Rentals
1/37 m2 floor area plus 1/93 m2 storage area
Entertainment Establishments
1/5 seats or 1/10 seats if in conjunction with another use
Financial Institutions
1/46 m2 floor area
Funeral Home
1/4 seats plus 1/funeral home vehicle
Gaming Establishments
1/2seating spaces
Gas Bar
1 / per island
Hospital
2/3 beds plus 1/staff position
Hotel
1/guest unit plus 1/2 units for ancillary uses
Kennels
1/46m2floor area
Manufacturing Facility
1/93 m2 floor area or 1/2 employees plus 1/company vehicle
Motel
1/guest unit plus 1/employee
Multi Dwelling Residential (1 bedroom)
1.2/dwelling unit plus .20 visitor
Multi Dwelling Residential (2 bedrooms)
1.5/dwelling unit plus .20 visitor
Multi Dwelling Residential (3+ bedrooms
1.8/dwelling unit plus .20 visitor
Nursing / Lodging home
.3 stalls / unit
Personal Service Business
1/31 m2 floor area
Police Station
1/37 m2 floor area plus 1/2 employees
Private Club and Organization
1/10 m2 floor area
Recreation Facility, Indoor
1/5 seats or 1/10 m2 floor space, whichever is greater
Recreation Facility, Outdoor
1/5 seats or 1/10 m2 floor space, whichever is greater
Restaurant (Minor, Major and Fast Food)
1/4 seats
Retail Store
1/37 m2 retail floor area plus 1/93 m2 storage area
Retirement Home
1/unit plus .25/unit visitor parking
School
Kindergarten
Elementary / Junior High / Middle School
Senior High
1/staff member plus 1/owner vehicle
1.5/classroom
6/classroom plus 1/staff member
Shopping Centre
1/17 m2 leasable area
Storage Centre
1/employee
Theatre
1/5 seats or 1/10 seats if in conjunction with shopping centre
Warehouse
1/93 m2 floor area and/or 1/staff
(3)
Loading Space Requirements:
(a)
Where a proposed Development will require pick-up and delivery of
commodities, One (1) space for loading and unloading shall be provided
and maintained on the site to the satisfaction of the Development Officer.
(b)
A loading space shall have minimum dimensions of 3.5 metres in width, 8
metres in length, and an overhead clearance of 4 metres and shall not
alternately be used as a parking space.
(c)
Loading spaces shall be designed and located so that all vehicles using
those spaces can be parked and manoeuvred entirely within the bounds of
the site before moving onto adjacent public thoroughfares.
PART 4 - GENERAL REQUIREMENTS
37
(d)
All loading spaces shall be concrete or asphalt-surfaced.
(e)
Loading spaces, may be required to be screened from adjacent residential
properties to the satisfaction of the Development Officer.
(f)
School sites shall provide a compound developed and designed to the
satisfaction of the Development Officer for the loading, unloading, and
parking of school buses.
(g)
All Funeral Parlors shall provide an enclosed area for loading and
unloading of caskets and/or cadavers.
(4)
Parking Spaces and Loading Zones for Disabled Persons:
(a)
Location:
(i)
Handicapped parking spaces shall be located as close as possible
to elevators, ramps, walkways, and building entrances.
(ii)
Handicapped parking spaces shall be designed and located in such
a way that users of wheelchairs are not required to pass behind
parked cars.
(iii)
In circumstances where 2 or more handicapped parking spaces are
required, no more than 2 stalls shall be placed adjacent to each
other. If there are several accessible building entrances, a stall
shall be located near each entrance.
(b)
Design and Construction:
(i)
Handicapped parking spaces shall be designed in conformance to
the Barrier Free Design Guidelines of the Alberta Building Code.
(ii)
Handicapped parking spaces shall be marked with a wheelchair
symbol sign and contain the message "Permit Required" and shall
be positioned so as to be easily seen by drivers who are attempting
to park.
(iii)
Handicapped parking spaces shall be a minimum of 4 metres in
width.
(iv)
Handicapped stalls are to be asphalt or concrete surfaced and shall
have a curb cut of a minimum of 0.92 metres for wheelchair ramp
access.
(5)
Lighting Requirements:
(a)
Any artificial lighting proposed to illuminate off-street parking areas shall
be located and arranged so that lighting is directed upon the parking area
only and not on any adjoining properties.
PART 4 - GENERAL REQUIREMENTS
38
(b)
Where parking areas are illuminated, lighting fixtures shall be arranged so
that no part of any fixture shall be more than 9.144 metres above the
finished grade of the parking area.
Section 4.4 - Landscaping
(1)
General Requirements:
(i)
The quality and extent of the landscaping established on a site shall be the
minimum standard to be maintained on the site for the life of the
development.
(ii)
Any area not constructed upon shall be developed or landscaped to the
satisfaction of the Development Officer.
(iii)
A majority of the required landscaping shall be concentrated in those yards
adjacent to streets unless the developer can show reasonable cause why
this cannot occur.
(iv)
Any area required to be landscaped may be loamed, and may at the
discretion of the Development Officer, be irrigated, planted with grass,
trees, shrubs, flowers, or similar materials, or a combination thereof, which
will enhance the appearance of the site and which complement the
development thereon.
(v)
Despite the minimum landscaping requirements in each District, all portions
of a site not covered by structures, parking, or vehicular circulation areas
shall be developed and maintained in an aesthetically pleasing manner,
unless the developer can demonstrate that these areas are necessary for
the day-to-day utilization of the site.
(vi)
Existing vegetation shall be preserved and protected unless the need for
removal is demonstrated to the satisfaction of the Development Officer.
(vii)
A minimum 6.0 metre landscape buffer is required for all commercial,
industrial, and multi-dwelling residential projects located adjacent to
municipal roadways.
(viii)
All landscaping required as a condition of a development permit approval
must be completed within one year of the occupancy or commencement
of operation of the proposed development, to the satisfaction of the
Development Officer.
(2)
Soft Landscaping Standards:
(a)
All plant materials shall be planted according to good horticultural practice.
PART 4 - GENERAL REQUIREMENTS
39
(b)
Selection of plant varieties shall be based on regional climatic conditions,
constraints of location, effectiveness in screening adjacent properties,
resistance to disease and insect attack, cleanliness, appearance and ease
of maintenance.
(c)
The mixture of tree sizes at the time of planting shall be equivalent to a
minimum of 50% larger trees.
(d)
The mixture of trees and shrubs at the time of planting shall be a minimum
of 2/3 trees with an option of providing 1/3 of the remaining with shrubs,
with no less than 3 shrubs per tree, at the discretion of the Development
Officer.
(e)
The minimum requirements for tree sizes at the time of planting shall be:
(f)
Wherever space permits, trees shall be planted in groups.
Section 4.5 - Signs
(1)
Permits Required:
(a)
Except as stated in Sections 3.1(2) and 4.5(2), no sign shall be erected
on land or affixed to any exterior surface of a building or structure unless
a sign permit for this purpose has been issued by the Development
Officer.
(2)
Signs Not Requiring a Sign Permit:
(a)
The following signs do not require a sign permit, but shall otherwise comply
with this Bylaw:
(i) Banners and pennants not permanently installed and which are
displayed for a period of time not exceeding 1 month.
(ii) Signs, notices, placards, or bulletins required to be displayed:
In accordance with the provisions of Federal, Provincial, or
Municipal legislation;
By or on behalf of the Federal, Provincial, or Municipal
government;
On behalf of a department, a commission, a board, a committee,
or an official of the Federal, Provincial, or Municipal government
TREE TYPE
CALLIPER / HEIGHT
Deciduous trees (small)
50 mm calliper
Deciduous trees (large)
85 mm calliper
Coniferous trees (small)
2 metres height
Coniferous trees (large)
3 metres height
Shrubs
0.6 metres height or spread
PART 4 - GENERAL REQUIREMENTS
40
(iii) Signs located inside a building and not intended to be viewed from
outside.
(iv) The name and address of a building when it forms an integral part of
the architectural finish of that building.
(v) Street numbers or letters displayed on a premise where together the
total signs area is less than 1 square metre.
(vi) Signs placed on premises for the guidance, warning, or restraint of
persons.
(vii) Real estate signs, as defined in this Bylaw.
(viii)
Municipal road signs used for street name identification or traffic
direction and control.
(ix)
Entrance or exit signs used for the purpose of directing traffic
provided:
Those signs do not display any advertising message, other than a
business logo, and
The sign area does not exceed 1 square metre in area, and
The sign height does not exceed 1.2 metres.
(x)
Facia signs located on commercial and industrial designated lots
which do not exceed 1.5 square metres in area and which state no
more than:
The name and address of the building,
The name(s) of the persons or corporate entities occupying the
building, and
The activities carried on in the buildings.
(xi)
Signs on a residential lot which state no more than the name of
the persons occupying the lot, providing the total sign area does
not exceed 0.25 square metres.
(xii)
Signs included as part of larger development projects where all
relevant details of these signs are submitted as part of an
application for a Development Permit.
(xiii)
Sandwich board signs, as defined by this Bylaw, where the owner
of the sign submits to the Development Officer written
authorization from the owner of land where the sign is to be
located and where the sign is removed from that location on a
daily basis.
(xiv)
The alteration of a sign which only includes routine maintenance,
painting or change in face, copy or lettering.
PART 4 - GENERAL REQUIREMENTS
41
(xv)
Election signs that comply with the following requirements:
The sign shall not be posted for more than 60 days, and
The sign shall be removed within 24 hours of the closing of the
polling stations.
(3)
Sign Permit Application Requirements:
(a)
A Development Permit for a sign shall be made to the Development
Officer by the lawful owner of a sign or his authorized agent, on a
completed application form.
(b)
The Development Officer may refuse to accept a Development Permit
application for a sign where the information provided by Section 3.1(3)
has not been supplied or where, in the opinion of the Development
Officer, the quality of the material supplied is inadequate to properly
evaluate the application.
(c)
The Development Officer may require any additional information deemed
necessary to evaluate a Development Permit application for a sign, but
generally the information required to be submitted with the application
should include:
(i) The name and address of:
The sign manufacturer or company,
The lawful sign owner,
The installation contractor.
(ii) A copy of the Certificate of Title and a letter of authorization from the affected
registered property or building owner.
(iii) Photographs of the proposed site showing adjacent properties and signs within
approximately 30 metres of the proposed sign location.
(iv) Two (2) or more copies of a site plan with a scale of not less than 1:100 showing
where applicable:
The proposed sign location dimensioned to property lines and/or
building edges,
The scale of the plan,
A north arrow,
The property lines,
Sidewalks and curbs,
Utility rights-of-way and access easements,
The existing buildings on the site, and
(v) Two (2) or more copies of detailed sign plans showing:
The sign dimensions,
The sign area,
PART 4 - GENERAL REQUIREMENTS
42
The colour and design scheme,
The structural support system,
Material specifications, and
The sign height and clearance from grade.
(4)
General Rules for Signs:
(a)
All signs shall be compatible with the general character of the surrounding
streetscape and the architecture of nearby buildings.
(b)
Signs are not permitted to emit sound or use video features.
(c)
Any sign which, in the opinion of the Development Officer, creates traffic
or a pedestrian hazard either due to its design or location shall not be
permitted.
(d)
A sign shall be located totally within the site unless prior written approval
granting permission for the sign to overhang another property is
submitted by the affected property owner.
(e)
A sign shall not be erected on any property unless permission is granted
in writing from the registered property owner.
(f)
Sign alterations shall not be made without first obtaining the required
permits or permission from the Development Officer, as the case may be.
(g)
The lawful owner of a sign, or where applicable the property owner, shall
be responsible for the maintenance of that sign to an acceptable
standard, to the satisfaction of the Development Officer.
(h)
Non-compliance with this Bylaw may result in the Municipality removing a
sign without notice and any cost associated with its removal may be
charged to the sign owner.
(i)
Any sign removed by the Municipality may be held for 30 days after
removal.
(j)
The Municipality shall not be held liable for any injury, loss or damage
suffered by any person or corporate body which is caused by any sign
located in the Municipality whether or not the sign is in accordance with
the requirements of this Bylaw.
(5)
Facia Signs:
(a)
All facia signs require a Development Permit in accordance with Section
4.5(3) of this Bylaw except those facia signs exempted by Section 4.5(2)
(a) of this Bylaw.
(b)
The total maximum sign area permitted for facia signs is 20% of the area
formed by each building face or bay.
PART 4 - GENERAL REQUIREMENTS
43
(c)
A fascia sign shall not be located above any portion of a street, or project
over public property, unless the facia sign maintains a minimum
clearance from grade of 3 metres and the maximum projection shall be no
greater than 0.4 metres.
(6)
Freestanding Signs:
(a)
All freestanding signs require a Development Permit in accordance with
Section 4.5(3) of this Bylaw except those freestanding signs exempted by
Section 4.5(2) (a) of this Bylaw.
(b)
Freestanding signs may be located within the Central Business District
only where there is no alternative location available to provide reasonable
opportunity for communication.
(c)
Freestanding signs shall have a minimum separation of 30 metres.
(d)
Only one (1) freestanding sign per business frontage may be erected.
(e)
Freestanding signs shall be subject to the following maximum height and
area restrictions:
(i)
In the C-1 and C-2 Districts, the maximum height shall be 7
metres and the maximum sign area shall be 7 square metres on
each side of a multiple-sided sign,
(ii)
In the IB-1 District, the maximum height shall be 9 metres and the
maximum area shall be 15 square metres on each side of a
multiple-sided sign.
(7)
Roof Signs:
(a)
All roof signs require a Development Permit in accordance with Section
4.5 (3) of this Bylaw except those roof signs exempted by Section 4.5 (2)
(a).
(b)
Roof signs shall be erected so that the supporting structure is not visible
and is architecturally integrated with the building upon which they are
located, to the satisfaction of the Development Officer.
(c)
Roof signs shall not rotate or employ any flashing or intermittent lights,
devices or means to create the impression of flashing lights.
(d)
Roof signs shall not exceed 20% of the area formed by each building face
on one 1 and 2 storey buildings and shall have a minimum building
clearance of one 1.2 metres.
(e)
The maximum allowable height for roof signs shall not exceed the
maximum allowable building height for the land use District in which they
propose to locate.
(f)
Roof signs are not permitted in Residential Districts.
PART 4 - GENERAL REQUIREMENTS
44
(8)
Portable Signs
(a)
All portable signs require a Development Permit in accordance with
Section 4.5 (3) of this Bylaw.
(b)
Portable signs shall be allowed for the announcement of special events,
sales, or circumstances where a sign is needed for short specified time
periods.
(c)
Portable signs shall not be allowed in any residential land use District
unless placed on Municipality boulevards and permission has been
obtained from the Development Officer.
(d)
The location of portable signs shall be limited by the following restrictions:
(i)
Not more than 1 portable sign may be placed at 1 site, and
(ii)
Each portable sign permit issued shall be valid for a maximum of
30 days.
(e)
Portable signs shall not exceed, inclusive of frame and support
apparatus:
(i) Three (3) metres in horizontal dimension, and
(ii) Two (2) metres in vertical dimension.
(f)
All portable signs shall be located within the property lines of the location
address shown on the permit application.
(g)
A portable sign shall not be allowed to locate or remain on a site without a
sign permit, whether the sign displays any advertising or not.
(h)
All components of the portable sign, excluding the trailer frame, shall be
Canadian Standards Association approved and shall bear the required
Canadian Standards Association labels.
(9)
Highway Bulletins:
(a)
All highway bulletins require a Development Permit, which shall be
applied for in accordance with Section 3.1 of this Bylaw.
(b)
A highway bulletin shall be located entirely within the boundaries of the
site upon which it is to be located.
(c)
Except where no practical alternative is possible in the opinion of the
Development Officer, highway bulletins are to be serviced by
underground electrical wiring.
PART 4 - GENERAL REQUIREMENTS
45
(d)
Highway bulletins shall be designed, located, and orientated taking into
consideration the natural and man-made surroundings and maximizing
visual appearance so they do not adversely affect neighbouring
properties or create a traffic hazard, to the satisfaction of the
Development Officer.
(e)
No trees shall be removed or damaged during the preparation of a site for
a highway bulletin unless new trees or landscaping are introduced to
improve the site.
(f)
A highway bulletin shall be designed, constructed and maintained so that:
(i) It is structurally sound and does not present a safety hazard,
(ii) Painting and copy face are not allowed to weather or peel,
(iii) Metal parts do not become rusted or stained, and
(iv) Lighting remains in proper working order.
(g)
Highway bulletins shall be illuminated to the satisfaction of the
Development Officer.
(h)
Highway bulletins shall not exceed 9 metres in height measured from
grade to the top of the sign.
(i)
No highway bulletin shall exceed 4.27 metres in copy face height or 14.63
metres in copy face width.
(j)
All permits for highway bulletins are valid for a period of 3 years from the
date of permit issuance, after which time a new permit is required.
(k)
Regardless of the highway bulletin permit expiry date, highway bulletins
shall be removed by their owner, at the request the Development Officer,
once development commences on the subject site.
(10)
All Other Signs:
(a)
When a sign cannot be clearly categorized as one of the sign types
defined in this Bylaw, the Development Officer shall determine the sign
type and applicable controls.
PART 5 - RESIDENTIAL DISTRICTS
46
Section 5.1
General Requirements for Residential Districts
(1)
Dwelling Units on a Parcel:
(a)
In any single dwelling residential district or any district permitting a single
dwelling, no permit shall be granted for the erection of more than one
dwelling unit.
(b)
With the approval of the Development Officer, the minimum site area may
be less than the minimum required by this Bylaw in the case of
substandard lots.
(2)
Objects Prohibited or Restricted in Yards:
(a)
No person shall keep or permit in any part of a yard in any residential
district:
(i)
Any dilapidated or dismantled vehicle for more than 14
consecutive days,
(ii)
Any object or chattel which, in the opinion of the Development
Officer, is unsightly or tends to adversely affect the amenities of
the area,
(iii)
Any excavation, storage or piling up of materials required during
the construction stage unless all necessary safety measures are
undertaken to the satisfaction of the Development Officer; the
owner of such materials or excavations assumes full responsibility
to ensure the situation does not prevail any longer than
reasonably necessary to complete a particular stage of the
construction work,
(iv)
A commercial vehicle, loaded or unloaded, of a maximum weight
in excess of 4000 kilograms,
(v)
A commercial vehicle or recreational vehicle to remain in a front
yard.
(b)
No accessory building or use shall be located in the front yard of a
residential use without the specific approval of the Development Officer.
(c)
Any structure which is not finished or maintained in a manner compatible
with the principal building, or any building, vehicle or object which by
virtue of its location or appearance is, in the opinion of the Development
Officer, detrimental to the surrounding area, or is unsafe, is not permitted.
(3)
Projections Over Yards:
The principal building shall not encroach in any required yard except as follows:
PART 5 - RESIDENTIAL DISTRICTS
47
(a)
Front yard:
(i)
Eaves, fireplace chases, bay windows, unenclosed decks,
balconies, porches and verandas may encroach a maximum of
0.6 metres.
(ii)
Unenclosed steps providing entry only to the basement or first
floor may project a maximum of 1.5 metres.
(iii)
Service metres may encroach.
(iv)
Cantilevers not exceeding 40% of the front wall area may
encroach a maximum of 0.6 metres.
(b)
Side yard (1.2 metres):
(i)
Eaves, fireplace chases, and unenclosed decks may encroach a
maximum of 0.6 metres.
(ii)
Cantilevers may encroach a maximum of 0.6 metres where:
The projection does not exceed 40% of one side wall and
20% of the other, and
The projection is not immediately beside a projection of an
adjacent dwelling.
(iii)
Service metres may encroach.
(iv)
Any movable structure may encroach.
(v)
Unenclosed steps and a landing providing entry only to the
basement or first floor may encroach.
(c)
Side yard (street side of a corner site - 3 metres):
(i)
Eaves, fireplace chases, unenclosed decks, and bay windows
may encroach a maximum of 0.6 metres.
(ii)
Unenclosed steps and a landing providing entry only to the
basement or first floor may encroach.
(iii)
Any movable structure may encroach.
(iv)
Cantilevers not exceeding 40% of the area of the street side
building face may encroach a maximum of 0.6 metres.
(v)
Service metres may encroach.
(d)
Side yard (laneless site - 3 metres):
(i)
Eaves may encroach a maximum of 0.6 metres.
PART 5 - RESIDENTIAL DISTRICTS
48
(ii)
Any movable structure may encroach.
(iii)
Service metres may encroach.
(e)
Rear yard:
(i)
Eaves, fireplace chases, and bay windows may encroach a
maximum of 0.6 metres.
(ii)
Unenclosed decks, balconies, porches, sunrooms, terraces and
verandas may encroach a maximum of 2 metres on laneless sites
and 3 metres on laned sites.
(iii)
Unenclosed steps and a landing providing entry only to the
basement or first floor of a principal building may encroach a
maximum of 2 metres.
(iv)
Cantilevers may encroach a maximum of 0.6 metres.
(v)
Any movable structure may encroach.
(vi)
Service metres may encroach.
(f)
Unenclosed, at-grade decks may encroach in any yard.
(g)
Enclosed decks, balconies, porches, and verandas above grade, shall be
considered part of the principal building and shall not encroach.
(h)
Projections proposed to be located over a utility right-of-way are to be
approved by the utility provider.
(4)
General Rules for Accessory Buildings:
(a)
An accessory building shall not be used as a dwelling.
(b)
Accessory buildings shall be designed, constructed and finished in a
manner compatible with the character and appearance of the principal
building, including exterior building materials and roof style.
(c)
For the purpose of calculating yard setbacks and site coverage
requirements as provided in this Bylaw, where an accessory building,
private garage, or other structure is attached to the principal building by a
roofed structure, it shall be deemed to be part of the principal building.
(d)
Any accessory building, structure, or detached garage located or
proposed to be located on a site and not attached to a principle building
shall be a minimum of 2.0 metres from any principal building.
(e)
An accessory building shall not be located in the front yard.
PART 5 - RESIDENTIAL DISTRICTS
49
(f)
The sitting of an accessory building on an irregular shaped lot shall be to
the satisfaction of the Development Officer.
(g)
The height of an accessory building shall not exceed 5 metres or one
storey.
(h)
Where a structure is attached to the principal building on a site by a roof,
an open or enclosed structure, a floor or a foundation, it s considered to
be part of the principal building and it is not an accessory structure.
(5)
Minimum Requirements for Accessory Buildings, Private Garages and Other
Structures:
(a)
Side yard (street side of a corner site): 3 metres
(b)
All other yards: 1 metre.
(f)
Building height (all sites): a maximum of 5 metres, except that in no case
shall the accessory building exceed the height of the principal building,
unless otherwise permitted in this Bylaw.
(g)
Floor area: In no case shall the floor area or combined floor area of an
accessory building, garage, carport or structure exceed the main floor
area of the principal building.
(h)
The total area of accessory buildings on a site shall not exceed 15% of
the site area.
(6)
Carports:
(a)
Where a carport is or is proposed to be located in a 3 metre side yard, a
minimum 0.2 metre side yard is permitted provided that:
(i)
The height does not exceed that of the principal building, and
(ii)
No eave or foundation encroachment occurs onto adjacent
property, and
(iii)
All roof drainage is directed by means of eavestroughs,
drainspouts, or other suitable means onto the property where the
carport is located.
(7)
Temporary Buildings:
(a)
A temporary Building shall not exceed 1 storey in height and shall not
have a basement or a cellar.
(b)
Temporary buildings shall be skirted or finished to the satisfaction of the
Development Officer and shall be maintained in good repair at all times.
PART 5 - RESIDENTIAL DISTRICTS
50
(c)
No temporary building shall be serviced by Municipal sewage and/or
water supply systems.
(8)
Driveways:
(a)
All front yard and street side of corner site driveways for residential single
detached, semi-detached, and two dwelling developments shall be hard
surfaced.
(b)
The construction of a driveway from a site to an arterial street shall not be
allowed unless:
(i)
There is no practical alternative method of vehicular access to the
site, and
(ii)
Turning space is provided on the site to permit all traffic exiting
there from to face the thoroughfare, and
(iii)
The location of such driveway is acceptable to the Development
Officer.
(9)
Landscaping:
(a)
Any area not constructed upon shall be landscaped to the satisfaction of
the Development Officer.
(b)
Parking or storing of vehicles on landscaped areas is not permitted.
(c)
In the R-3, R-4, and R-5 districts, a minimum of forty 40% of the site area
must be provided as landscaping.
(10)
Fencing:
(a)
Maximum height (front yard): 1 metre.
(b)
Maximum height (side and rear yards): 2 metres.
(c)
No barbed wire or electric fences shall be permitted in or abutting a
Residential District.
(d)
All fences are to be maintained so as not to become unsightly or unsafe,
to the satisfaction of the Development Officer.
(11)
Screening, Outside Storage and Garbage Storage:
(a)
All mechanical equipment on a roof shall be screened from public view
and designed to the satisfaction of the Development Officer.
(b)
Garbage shall be stored in weatherproof and animal proof containers,
screened from adjacent sites and public thoroughfares, and be in a
PART 5 - RESIDENTIAL DISTRICTS
51
location easily accessible, all to the satisfaction of the Development
Officer.
(c)
Garbage shall not be stored in the front yard except on collection day.
(12)
Building Design and Appearance:
(a)
The design, character and appearance of any building or series of
buildings, structures or signs proposed to be erected or located in any
Residential District, must be acceptable to the Development Officer
having due regard to the amenities and the character of existing
development in the District, as well as its effect on adjacent Districts.
(b)
Additions to the principal dwelling unit and any accessory building shall
be constructed and finished with materials compatible with the principal
building.
(13)
Home Occupations:
(a)
There shall be no more than 2 persons employed in a home occupation
activity of which 1 person shall be a resident owner of the principal
building on the lot in which the home occupation is being carried out.
(b)
There shall not be any form of advertising placed either on the site or
affixed onto a building located on the site related to the home occupation
visible from the outside of buildings located on the site.
(c)
Home occupations shall not create a nuisance by way of dust, noise,
odour, or smoke.
(d)
There shall be no mechanical or electrical equipment used which creates
visual, audible or electrical interference to radio or television reception.
(e)
Home occupations shall not generate vehicular traffic or parking, in
excess of that which is characteristic of the District within which it is
located.
(f)
There shall be no outdoor business activity or outdoor storage of
materials or equipment associated with a home occupation.
(g)
Home occupations shall not require any structural alterations to the
principal and/or accessory buildings used.
(h)
Home occupations shall be operated as a secondary use only and shall
not change the principle character or external appearance of the dwelling
involved.
(i)
Home occupation permits which propose the use of unfinished or
incomplete accessory buildings shall not be permitted.
PART 5 - RESIDENTIAL DISTRICTS
52
(j)
Home occupations shall not be permitted in a residence if, in the opinion
of the Development Officer it would be more appropriately located in
another Land Use District.
(k)
A home occupation permit may be reviewed for compliance with this
Bylaw by the Development Officer at any time. If, at that time, any of the
requirements for a home occupation are not complied with, the
Development Officer may suspend or cancel a Development Permit for
that home occupation.
(l)
A home occupation permit does not exempt the applicant from
compliance with federal or provincial health or licensing regulations or any
other Municipal permit requirements.
(m)
When a permit holder moves to another location within boundaries during
the period for which the permit is valid, a new permit for that location is
required, and the applicant shall submit with the new application the full
normal fee.
(n)
The Development Officer may, at its discretion, require a probationary
period of not less than 6 months for any home occupation, prior to the
issuance of a full permit.
(o)
On-site parking stalls shall be provided and utilized for all business
vehicles associated with a home occupation.
(s)
Home occupations shall not permit any warehousing of saleable goods.
(14)
Bed and Breakfast Facilities:
(a)
Bed and Breakfast Facilities shall generally conform to the provisions set
out for Home Occupations in Section 5.1(13) of this Bylaw.
(b)
An application for a Bed and Breakfast Facility shall be made on the
Home Occupation application form and such application shall include
letters of support from adjacent landowners.
(15)
Mobile Homes:
(a)
Mobile homes shall have Canadian Standard Association Certification
(CSA).
(b)
All accessory structures, such as patios, porches, additions, and skirtings
shall be:
i.
Factory prefabricated units or the equivalent thereof, and so
designed and erected as to harmonize with the mobile homes,
and
PART 5 - RESIDENTIAL DISTRICTS
53
(i)
Considered as part of the main building, and
(ii)
Erected only after obtaining a development permit.
(c)
A mobile home unit shall be skirted from the floor level to the ground level
and shall match the exiting external finish of the mobile home.
(d)
The floor area of porches and additions shall be proportionate to the floor
area of the mobile home unit and this relationship shall be determined by
the Development Officer.
(e)
No accessory buildings, use or parking space shall be located in the front
yard of a mobile home.
(f)
For the purposes of storage, any furniture, domestic equipment or
seasonally used equipment shall be stored in adequate covered storage
or screening either individually on the lot or communally which shall
conform to the Standards set out in the Alberta Building Code.
(g)
The following regulations also apply to mobile home uses located in
residential subdivisions and mobile home subdivisions:
(i)
The hitch wheels are to be removed from the mobile home.
(ii)
All mobile homes shall be placed on a foundation base. The
mobile home is to be attached by means of bolting or otherwise to
the foundation base.
(iii)
The property is to be grassed and landscaped within one year
from the date of issue of the development permit.
(iv)
Minimum lot areas and width may be less in the case of existing
registered substandard lots, with the approval of the Development
Officer.
PART 5 - RESIDENTIAL DISTRICTS
54
Section 5.2 Residential Low Density Single Dwelling District
(R-1)
(1)
Purpose and Intent:
The general purpose of this district is to permit the development of low density
single family dwellings and associated uses.
(2)
Permitted Uses:
Dwellings, Single Detached
Accessory Buildings
Accessory Uses
(3)
Discretionary Uses:
Bed and Breakfast Facilities
Churches
Group Home, Limited
Home Occupations
Modular Homes
Offices
Parks
Public or Quasi Public Buildings and Utilities
Swimming Pools, Private
(4)
General Requirements for all Uses:
In addition to the general requirements for residential districts outlined in Section
5.1 of this Bylaw, the requirements outlined below shall apply to every
development in this District.
(5)
Minimum Requirements:
(a)
Site Area: 390.2 square metres
(b)
Width of Site: 12.8 metres
(c)
Front Yard Setback: 5 metres
(d)
Rear Yard Setback: 8.0 metres
(e)
Side Yard Setback: 1.2 metres
(f)
Side Yard Setback (street side of a corner lot): 3 metres
(g)
Side Yard Setback (where no garage or lane is provided) 3 metres
(6)
Maximum limits:
PART 5 - RESIDENTIAL DISTRICTS
55
(a)
Height of Principle Building: 10 metres
(b)
Number of residential buildings per site: 1
(c)
Coverage of site (Bungalows):
(i)
Principal Building (no garage attached): 40%
(ii)
Principal Building (garage attached): 50%
(iii)
Accessory Buildings: 15%
(iv)
Total Principal and Accessory Buildings: 50%
(d)
Coverage of site (all other dwelling types):
(i)
Principal Building (no garage attached): 35%
(ii)
Principal Building (garage attached): 40%
(iii)
Accessory Buildings: 15%
(iv)
Total Principal and Accessory Buildings: 40%
(7)
Landscaping Requirements:
(a)
The general requirements for landscaping contained in Sections 4-4 and
5-1(9) of this Bylaw apply to this District.
(8)
Other Requirements:
(a)
Parking is to be provided in accordance with Section 4-3 of this Bylaw.
PART 5 - RESIDENTIAL DISTRICTS
56
Section 5.3 Residential Low Density Two Dwelling District (R-2)
(1)
Purpose and Intent:
The purpose of this district is to provide for sites for the development of semi-
detached and duplex housing forms.
(2)
Permitted Uses:
Accessory Buildings
Accessory Uses
Duplexes
Dwellings, Semi-Detached
(3)
Discretionary Uses:
Churches
Dwellings, Single Detached
Group Home
Group Home, Limited
Home Occupations
Modular Homes
Offices
Parks
Public or Quasi Public Buildings and Utilities
(4)
General Requirements for all Uses:
In addition to the general requirements for residential districts outlined in Section
5.1 of this Bylaw, the requirements outlined below shall apply to every
development in this District.
(5)
Minimum Requirements:
(a)
Area of site:
(i)
Single-detached dwellings: 390.2 square metres.
(ii)
Duplexes: 350.5 square metres.
(iii)
Semi-detached dwellings: 464 square metres with a minimum of
232 square metres for each dwelling unit.
(b)
Width of site:
(i)
Single-detached dwellings: 12.8 metres.
(ii)
Duplexes: 11.5 metres.
(iii)
Semi-detached dwellings:
PART 5 - RESIDENTIAL DISTRICTS
57
10.5 metres for each dwelling unit with a side yard abutting
a street,
7.5 metres for interior units.
(iv)
Despite Section 5.3(5) (b), all lots located on curves or cul-de-
sacs shall have a minimum frontage of 6 metres.
(c)
Front yard: 5 metres.
(d)
Side yard: 1.2 metres.
(e)
Side yard (street side of a corner site): 3 metres.
(f)
Side yard (when no garage or lane is provided): 3 metres for one side
yard.
(g)
Rear yard: 8 metres.
(6)
Maximum Limits:
(a)
Height of principal buildings: 10 metres.
(b)
Number of principal buildings per Site: 1.
(c)
Number of dwelling units per site: 2.
(d)
Coverage of site (bungalows):
(i)
Principal buildings (no garage attached): 40%
(ii)
Principal buildings (garage attached): 45%
(iii)
Accessory buildings: 15%
(iv)
Total principal and accessory buildings: 45%
(e)
Coverage of site (all other dwelling types):
(i)
Principal buildings (no garage attached): 35%
(ii)
Principal buildings (garage attached): 40%
(iii)
Accessory buildings: 15%
(iv)
Total principal and accessory buildings: 40%
(7)
Landscaping Requirements:
PART 5 - RESIDENTIAL DISTRICTS
58
(a)
The general requirements for landscaping contained in Sections 4-4 and
5-1(9) of this Bylaw apply to this District.
(8)
Other Requirements:
(a)
Parking is to be provided in accordance with Section 4-3 of this Bylaw.
PART 5 - RESIDENTIAL DISTRICTS
59
Section 5.4
Residential Low Density Multi Dwelling (R-3)
(1)
Purpose and Intent:
The purpose of this district is to provide sites for the development of low-density
multi-dwelling developments.
(2)
Permitted Uses:
Accessory Buildings
Apartments
Attached Housing
(3)
List of Discretionary Uses:
Child Care Facilities
Home Occupations
Signs
Swimming Pools, Private
(4)
General Requirements for the Permitted and Discretionary Uses:
In addition to the general requirements for residential districts outlined in Section
5.1 of this Bylaw, the requirements outlined below shall apply to every
development in this District.
(5)
Minimum Requirements:
(a)
Area of site: 223 square metres of site area shall be provided per
dwelling unit
(i)
Despite Section 5-4(5) (a), 279 square metres per dwelling unit is
required for attached houses with a side yard abutting a street.
(b)
Width of site: no minimum requirement.
(c)
Front yard: 5 metres.
(d)
Side yard: 1.5 metres.
(e)
Side yard (street side of a corner site): 3 metres.
(f)
Side yard (where no lane is provided): 3 metres for one side yard.
(g)
Rear yard: 5 metres.
(h)
Density: 9 units per net acre.
(6)
Maximum Limits:
PART 5 - RESIDENTIAL DISTRICTS
60
(a)
Height of principal buildings: 10 metres at the eaveline.
(b)
Density: 13 units per net acre.
(7)
Soft Landscaping Requirements:
(c)
All dwellings shall have their own separate entry and every principal entry
shall be directly accessible to ground level.
(d)
When the development of an attached housing complex or a dwelling
group is proposed, areas for recreational and landscaping purposes, in
addition to those areas needed for buildings, driveways, walkways, and
parking spaces, shall be provided on site.
(e)
A minimum of 40% of the area of a site shall be provided for landscaping
and recreational purposes. The areas of amenity and recreational
facilities within the building including common patios, swimming pools,
and communal lounges for the free use of the tenants may be used in the
calculation of total requirements for landscaping.
(f)
Each dwelling unit of a multi-dwelling complex shall be provided with a
private outdoor amenity space.
(g)
Private outdoor amenity space shall be located immediately adjacent to
and be accessible from the dwelling unit.
(h)
Private outdoor amenity space shall be designed to provide visual
privacy.
(i)
Where a landscaped area is required, it shall be provided in accordance
with a landscape plan and in conformity with the following requirements
and standards:
(i)
All areas of a site not covered by buildings, parking or internal
roadways shall be landscaped.
(ii)
Where a private outdoor amenity space is provided within a
required minimum landscaped area, it shall be considered as
satisfying both requirements.
(iii)
Existing soft landscaping retained on a site may be considered in
fulfillment of the total landscaping requirement.
(iv)
Except for municipal boulevards, trees shall be planted in the
overall minimum ratio of 1 tree per 35 square metres of
landscaped area and 1 tree per 20 square metres of required
parking area islands.
Despite Section 5.4(7) (e) (iv), a substitution of the tree
requirement with a combination of trees and shrubs to the
PART 5 - RESIDENTIAL DISTRICTS
61
satisfaction of the Development Officer may be permitted
in accordance with Section 4.4(2) (d).
(a)
The location of recreational and landscaping areas is subject to the
approval of the Development Officer.
(8)
Other Requirements:
(a)
Parking is to be provided in accordance with Section 4.3 of this Bylaw.
(b)
Signs are regulated by Section 4.4 of this Bylaw.
(c)
There shall be no above grade decks encroaching in the required rear or
side yards.
(d)
Additional general and special setbacks may be required in accordance
with Section 5.1 of this Bylaw.
PART 5 - RESIDENTIAL DISTRICTS
62
Section 5.4
Residential Medium Density Multi Dwelling (R-4)
(1)
Purpose and Intent:
The purpose of this district is to provide sites for the development of medium
density multi-dwelling developments.
(2)
Permitted Uses:
Accessory Buildings
Attached Housing
Apartments
(3)
List of Discretionary Uses:
Child Care Facilities
Home Occupations
Signs
Swimming Pools, Private
(4)
General Requirements for the Permitted and Discretionary Uses:
In addition to the general requirements for residential districts outlined in Section
5.1 of this Bylaw, the requirements outlined below shall apply to every
development in this District.
(5)
Minimum Requirements:
(a)
Front yard: 5 metres.
(b)
Side yard: 1.5 metres.
(c)
Side yard (street side of a corner site): 3 metres.
(d)
Side yard (when no lane is provided): 3 metres for one side yard.
(e)
Rear yard: 5 metres.
(f)
Density: 13 units per acre.
(6)
Maximum Limits:
(a)
Height of principal buildings: a maximum of 3 storeys, not exceeding 10
metres at the eaveline.
(b)
Density: 18 units per acre.
(7)
Soft Landscaping Requirements:
PART 5 - RESIDENTIAL DISTRICTS
63
(a)
Every dwelling unit shall have its own separate entry and every principal
entry shall be directly accessible to ground level.
(b)
When the development of an apartment building, attached housing
complex or a dwelling group is proposed, areas for recreational and
landscaping purposes, in addition to those areas needed for buildings,
driveways, walkways, and parking spaces shall be provided on site.
(c)
A minimum of forty 40% of the area of a site shall be provided for
landscaping and recreational purposes. The areas of amenity and
recreational facilities within the building including patios, swimming pools,
and communal lounges for the free use of the tenants may be used in the
calculation of total requirements for recreational landscaping.
(d)
Each dwelling unit of a multi-dwelling complex shall be provided with a
private outdoor amenity space.
(e)
Private outdoor amenity space shall be located immediately adjacent to
and be accessible from the dwelling unit.
(f)
Private outdoor amenity space shall be designed to provide visual
privacy.
(g)
Where a landscaped area is required, it shall be provided in accordance
with a landscape plan and in conformity with the following requirements
and standards:
(i)
All areas of a site not covered by buildings, parking or internal
roadways shall be landscaped.
(ii)
Where a private outdoor amenity space is provided within a
required minimum landscaped area, it shall be considered as
satisfying both requirements.
(iii)
Existing soft landscaping retained on a site may be considered in
fulfillment of the total landscaping requirement.
(iv)
Except for municipal boulevards, trees shall be planted in the
overall minimum ratio of 1 tree per 35 square metres of
landscaped area.
(h)
The location of recreational and landscaped areas is subject to the
approval of the Development Officer.
(8)
Other Requirements:
(a)
Parking is to be provided in accordance with Section 4.3 of this Bylaw.
(b)
Signs are regulated by Section 4.4 of this Bylaw.
PART 5 - RESIDENTIAL DISTRICTS
64
(c)
There shall be no above grade decks encroaching in the required rear or
side yards.
(d)
Additional general and special setbacks may be required in accordance
with Section 5.1 of this Bylaw.
PART 5 - RESIDENTIAL DISTRICTS
65
Section 5.5
Residential High Density Multi Dwelling (R-5)
(1)
Purpose and Intent:
The purpose of this district is to provide sites for the development of high density
multi-dwelling developments.
(2)
Permitted Uses:
Accessory Buildings
Attached Housing
Apartments
(3)
List of Discretionary Uses:
Child Care Facilities
Home Occupations
Signs
Swimming Pools, Private
(4)
General Requirements for the Permitted and Discretionary Uses:
In addition to the general requirements for residential districts outlined in Section
5.1 of this Bylaw, the requirements outlined below shall apply to every
development in this District.
(5)
Minimum Requirements:
(a)
Front yard: 5 metres.
(g)
Side yard: 1.5 metres.
(h)
Side yard (street side of a corner site): 3 metres.
(i)
Side yard (when no lane is provided): 3 metres for one side yard.
(j)
Rear yard: 5 metres.
(k)
Density: 18 units per acre.
(6)
Maximum Limits:
(c)
Height of principal buildings: a maximum of 5 storeys
(d)
Density: 23 units per acre.
(7)
Soft Landscaping Requirements:
(i)
Every dwelling unit shall have its own separate entry and every principal
entry shall be directly accessible to ground level.
PART 5 - RESIDENTIAL DISTRICTS
66
(j)
When the development of an apartment building, attached housing
complex or a dwelling group is proposed, areas for recreational and
landscaping purposes, in addition to those areas needed for buildings,
driveways, walkways, and parking spaces shall be provided on site.
(k)
A minimum of forty 40% of the area of a site shall be provided for
landscaping and recreational purposes. The areas of amenity and
recreational facilities within the building including patios, swimming pools,
and communal lounges for the free use of the tenants may be used in the
calculation of total requirements for recreational landscaping.
(l)
Each dwelling unit of a multi-dwelling complex shall be provided with a
private outdoor amenity space.
(m)
Private outdoor amenity space shall be located immediately adjacent to
and be accessible from the dwelling unit.
(n)
Private outdoor amenity space shall be designed to provide visual
privacy.
(o)
Where a landscaped area is required, it shall be provided in accordance
with a landscape plan and in conformity with the following requirements
and standards:
(iii)
All areas of a site not covered by buildings, parking or internal
roadways shall be landscaped.
(iv)
Where a private outdoor amenity space is provided within a
required minimum landscaped area, it shall be considered as
satisfying both requirements.
(v)
Existing soft landscaping retained on a site may be considered in
fulfillment of the total landscaping requirement.
(vi)
Except for municipal boulevards, trees shall be planted in the
overall minimum ratio of 1 tree per 35 square metres of
landscaped area.
(p)
The location of recreational and landscaped areas is subject to the
approval of the Development Officer.
(8)
Other Requirements:
(a)
Parking is to be provided in accordance with Section 4.3 of this Bylaw.
(b)
Signs are regulated by Section 4.4 of this Bylaw.
(c)
There shall be no above grade decks encroaching in the required rear or
side yards.
PART 5 - RESIDENTIAL DISTRICTS
67
(d)
Additional general and special setbacks may be required in accordance
with Section 5.1 of this Bylaw.
PART 5 - RESIDENTIAL DISTRICTS
68
Section 5.5
Residential Mobile Home Park District (RMH)
(1)
Purpose and Intent:
The purpose of this district is to provide parcels for the location of Mobile Home
Parks, consisting of sites for the location of mobile homes.
(2)
Permitted Uses:
Accessory Buildings
Mobile Home Parks
(3)
Discretionary Uses:
Home Occupations
Mobile Homes
Modular Homes
Public or Quasi Public Buildings and Utilities
Swimming Pools, Private
(4)
Minimum Requirements:
(a)
Site area: 2 hectares
(b)
Building size: 370 square metres
(5)
Maximum limits:
(a)
Maximum Density: 20 mobile homes per gross developable hectare
(6)
Landscaping Requirements:
(a)
The general requirements for landscaping contained in Sections 4.4 and
5.1(9) of this Bylaw apply to this District.
(8)
Other Requirements:
(a)
Parking is to be provided in accordance with Section 4.3 of this Bylaw.
(b)
Stalls shall be located at least 3 metres from the boundary of a street and
at least 3 metres from adjacent parcels.
(c)
The setback strip shall be landscaped and / or fenced to the satisfaction
of the Development Officer.
(d)
All roads in a mobile home park shall be hard surfaced, well drained, and
maintained to the satisfaction of the Development Officer. The minimum
right of way width shall be 9 metres.
PART 5 - RESIDENTIAL DISTRICTS
69
(e)
Visitor parking spaces shall be provided at a ratio of at least 1 stall for
every 2 mobile home units and shall be located at convenient
locations throughout the mobile home park, and shall not be used for
the storage of boats, trailers, etc.
(f)
The design of mobile home parks shall be to the satisfaction to the
Development Officer.
(g)
In a mobile home park, 5% of the gross site area shall be devoted to
recreational use or recreational space shall be provided at the ratio of
at least 9.3 square metres per mobile home space. This recreation
space shall be placed in locations convenient to all park residents,
free from traffic hazards, shall not be included in areas designated as
buffer strips, and shall be clearly defined.
(h)
All areas of a mobile home parks not occupied by mobile homes and
their additions, internal roads, footpaths, driveways, permanent
buildings, and any other developed facilities shall be fully landscaped
to the satisfaction of the Development Officer. Screen fences and
walls shall be erected where deemed necessary by the Development
Officer around laundry yards, refuse collection points, and
playgrounds.
(i)
No part of the park shall be used for non-residential purposes except
as are required for the direct servicing and well being of the park
residents and the management and maintenance of the park.
(j)
Mobile home park facilities shall be arranged to create a homelike
atmosphere. This objective is achieved by variations in street pattern,
block shape, and location of mobile home sites.
(k)
Each mobile home stall shall be clearly marked off by means of
stakes, countersunk steel posts, fences, curbs, or hedges.
(l)
Street lighting in a mobile home park shall be to the same standard as
that in a conventional residential neighbourhood.
(m)
Only one freestanding identification sign of residential character and
appearance shall be erected at the entrance to a mobile home park
unless the Development Officer is of the opinion that a further sign is
required due to site design.
(n)
Mobile homes must be separated from each other by at least 6 metres
side to side and 3 metres from either front or rear yard stall line
provided further that any porch or addition to the mobile home is
regarded as part of the mobile home for the purpose of spacing.
Notwithstanding the above, the minimum side yard requirements shall
be 3 metres.
PART 6 - COMMERCIAL & INDUSTRIAL DISTRICTS
70
Section 6.1 - General Requirements for Commercial and
Industrial Districts
(1)
General Requirements for Commercial and Industrial Uses:
(a)
Temporary Buildings:
(i)
Temporary buildings shall not exceed one storey in height and
shall not have a basement or a cellar.
(ii)
Temporary buildings shall be skirted and finished and shall be
maintained at all times to the satisfaction of the Development
Officer.
(iii)
Temporary buildings shall not be connected to municipal sewer or
water supply systems.
(b)
Driveways:
(i)
The location of access and egress to any site shall be to the
satisfaction of the Development Officer.
(c)
Screening:
(i)
All commercial and industrial sites abutting a Residential District
shall be screened from the view of the Residential District to the
satisfaction of the Development Officer.
(ii)
All exterior work areas, storage areas and waste handling areas
may be screened from view from roadways and park reserves to
the satisfaction of the Approving Authority.
(iii)
All apparatus on the roof shall be painted or screened from view
from adjacent sites and public thoroughfares to the satisfaction of
the Development Officer.
(iv)
Outside storage areas shall be screened from adjacent sites and
public thoroughfares to the satisfaction of the Development
Officer.
(d)
Garbage Storage:
(i)
Garbage and waste material shall be stored in weatherproof and
animal proof containers and shall be located:
-
Within the principal building, or
-
To the side or rear of the principal building.
(ii)
All outside garbage containers and garbage areas shall be visually
screened from all adjacent sites and public thoroughfares in a
PART 6 - COMMERCIAL & INDUSTRIAL DISTRICTS
71
manner compatible with the design and exterior finish of the
principal building on the site.
(e)
Landscaping:
(i)
For all commercial and industrial districts, a minimum of 10% of
the total site area shall be landscaped.
(ii)
For all commercial and industrial districts, all development shall be
buffered from major roads with a minimum 6 metre landscaped
area.
(iii)
In all commercial and industrial districts, any area not constructed
upon shall be developed or landscaped to the satisfaction of the
Development Officer.
(iv)
In all commercial districts and except for municipal boulevards,
trees shall be planted at the overall minimum ratio of 1 tree per 25
square metres of landscaped area.
(v)
In all industrial districts and except for municipal boulevards, trees
shall be planted at the overall minimum ratio of 1 tree per 45
square metres of landscaped area.
(vi)
Any trees or shrubs, which do not exhibit healthy and vigorous
growth, must be replaced during the next planting season.
(vii)
Parking or storing of vehicles is not permitted on landscaped
areas unless approved as a display area on approved
Development Permit drawings.
(f)
Fencing:
(i)
The height, type and location of a fence in a Commercial and
Industrial Districts shall be determined by the Development
Officer.
(ii)
Despite Section 6.1 f(i) above,
-
No fence constructed in an Industrial District shall be of
barbed wire construction below a height of 2 metres, and
-
Electric fences may be permitted only at the discretion of
the Development Officer.
(iii)
Barbed wire fences are not permitted in Commercial Districts.
(g)
Controlled Appearance:
(i)
The design, character and appearance of any building or series of
buildings, structures or signs proposed to be erected or located in
a Commercial District, must be acceptable to the Development
PART 6 - COMMERCIAL & INDUSTRIAL DISTRICTS
72
Officer having due regard to the amenities and the character of
existing development in the District, as well as its effect on
adjacent Districts.
(ii)
Extensions to existing buildings, where these abut on a public
street, shall be constructed with compatible materials to the
existing buildings and be satisfactory to the Development Officer.
(iii)
All developments in Commercial and Industrial Districts must be
designed in accordance with the municipality's statutory plans.
(iv)
The exterior finishing materials of the proposed development must
be those as shown on the approved plans.
(v)
Where more than one use is to be carried on in a particular site,
separation between buildings and construction of separating walls
shall be in accordance with the current Alberta Building Code.
(h)
Dwelling Accommodation:
(i)
Dwelling accommodation is only allowed if:
-
It is accessory to the principal use of the building or site, and
-
It is to be occupied by a caretaker or watchman of the
premises and his family.
(i)
Hazardous and Nuisance Uses:
(i)
Industrial uses which emit airborne pollutants and/or noxious
odours which have fire or explosive risks shall be required to meet
minimum separation distances from residential areas and also
from other industrial developments in accordance with the
requirements of provincial legislation.
(ii)
The application shall supply relevant information describing any
noxious, dangerous, or offensive features on the proposed
development in relation to:
-
Airborne pollutants or odours,
-
Release of any toxic, radioactive, or environmentally
hazardous materials,
-
Flammable or explosive materials,
and describing their intensity and area of impact.
(iii)
Applications for developments, which must be referred to the
Alberta Environmental and the Health Unit for their comments and
recommendations prior to the decision being made thereon,
include those which:
PART 6 - COMMERCIAL & INDUSTRIAL DISTRICTS
73
-
May produce excessive smoke, fumes, noise, vibration,
dust and/or odours, or
-
Involve the use of highly flammable chemical materials.
(iv)
An application for approval of a use employing highly flammable
chemical materials must be accompanied by the plan approved by
the Fire Department.
(2)
Special Requirements for Service Stations and Gas Bars:
(a)
Service Stations and Gas Bars shall be located in such a manner that:
(i)
No entrance or exit thereto for motor vehicles is within 60 metres
of an entrance to or exit from a fire hall, public or private school,
playground, library, church, hospital, or similar public or quasi-
public institutions,
(ii)
No part of a service station building or of any pump or other
accessory shall be within 6 metres of the side or rear yard
property line,
(iii)
Service stations shall have a front yard of not less than 12 metres
and no gasoline pump shall be located closer than 6 metres to the
front property line,
(iv)
Underground storage tanks shall be set back from adjacent
buildings in accordance with all relevant provincial legislation.
(v)
The minimum site area shall be 740 square metres and the
maximum building coverage shall be 25% of the site area. For
service stations including a car wash, the minimum site area shall
be 1110 square metres.
(vi)
In the case of a service station designed and built as part of a
shopping centre, the ratio of building space to parking space shall
be determined by the Development Officer.
(vii)
Any lighting proposed to illuminate off street parking areas shall
be located and arranged so that all direct rays of light are directed
upon the site only and not on any adjoining properties.
(viii)
The owner, tenant, operator or person in charge of a service
station shall:
-
at all times be prohibited from the carrying on of the
business of a public garage or parking garage or any
business or activity which is obnoxious or offensive, or which
may constitute a nuisance or annoyance to persons
occupying lands in the immediate vicinity of the site of a
service station by reason of dust, noise, gases, odour,
smoke, or vibration.
PART 6 - COMMERCIAL & INDUSTRIAL DISTRICTS
74
-
Be responsible for the proper, safe, and orderly operation
thereof and of motor vehicles using the said service station
or being repaired or serviced thereat, and without restricting
the generality of the forgoing, shall see that operators of
motor vehicles do not obstruct the sidewalks and boulevards
abutting or adjacent to the service station and that operators
of motor vehicles enter and leave the service station only at
the entrance and exits provided for such purposes and not
elsewhere.
-
Maintain on the boundaries of the site, where required by the
Development Officer, an appropriate fence not less than 1.5
metres in height.
(3)
Special Requirements for Car Washing Establishments:
(a)
In addition to those locations permitted in this Bylaw, a car washing
facility may be allowed as a discretionary use as part of a retail shopping
center, if the Development Officer is satisfied that it will not adversely
affect the adjoining land use or function of the retail shopping centre in
relation to traffic circulation.
(b)
The maximum site area shall be 560 square metres and shall contain
storage space for 10 vehicles prior to their entry into any part of the
cleaning process for which they are bound.
(c)
In the case of service stations including car washes, the minimum area of
site shall be 1110 square metres.
(4)
Special Requirements for Drive-in Business:
(a)
Provision of points of access and egress shall be located to the
satisfaction of the development officer.
(b)
The minimum site area shall be 560 square metres.
(c)
The minimum building area shall be 37 square metres.
(d)
There shall be a parking provision for at least 8 customer cars on the site.
(e)
All parts of the site to which vehicles may have access shall be hard
surfaced and drained to the satisfaction of the Development Officer.
(f)
The site and all improvements thereon shall be maintained in a clean and
tidy condition, free from rubbish and debris.
(g)
Receptacles for the purpose of disposing of rubbish and debris shall be
provided as required by the Development Officer.
PART 6 - COMMERCIAL & INDUSTRIAL DISTRICTS
75
(h)
The owner / operator of a drive-in shall be responsible for the safety and
orderly operation of motor vehicles using the site.
(5)
Special Requirements for Motels:
(a)
For the purpose of this subsection, a rentable unit means a separate unit
on a motel site used or intended to be used for the temporary dwelling
accommodation of one or more persons.
(b)
Site requirements:
(c)
Except in the case of rentable units and any other buildings where
connected by a continuous roof to form a shelter for motor vehicles, not
less than 3.6 metres of clear and unoccupied surface space shall be
provided between each rentable unit and any other building on the site.
(d)
Each rentable unit shall face on to or abut a driveway not less than 6
metres in width and shall have unobstructed access thereto.
(e)
Not more than one motor vehicle entrance or one motor vehicle exit to a
street, each of a minimum width of 7.5 metres measured at its minimum
dimension shall be permitted, provided that one combined motor vehicle
entrance shall be permitted not less than 9 metes in width.
(f)
The owner, tenet, operator, or person in charge of a motel shall at all
times:
(i)
Maintain the site and the buildings, structures, and improvements,
thereon in a clean, neat, tidy, and attractive condition, and free
from all rubbish and debris,
(ii)
Maintain garbage and / or incineration facilities to the satisfaction
of the Development Officer, and
(iii)
Maintain an appropriate fence where required, not less than 1.5
metres in height around the boundaries of the site and shall
landscape and keep the site landscaped.
(6)
Special Requirements for Retail Shopping Centres (Including corner stores):
(a)
Sites shall be located only on Major Streets.
Minimum
Site Area /
Unit
Yards
Required
Parking
Minimum floor
Area Unit
One Story
140 sq. m
Front: 7.5 m
Side: 3 m
Rear: 3 m
1 / sleeping
unit
26 sq. m
Two Storeys
93 sq. m
Front: 7.5 m
Side: 3 m
Rear: 3 m
1 / sleeping
unit
26 sq. m
PART 6 - COMMERCIAL & INDUSTRIAL DISTRICTS
76
(b)
Minimum site shall be 140 square metres and the maximum 0.6 hectares.
(c)
Minimum yard setback requirements shall be:
(i)
Front: 12 metres
(ii)
Side: none except 3.0 metres is required for corner sites
(iii)
Rear: 3 metres
(d)
Design, access and egress, siting, exterior finish, and landscaping shall
be to the satisfaction of the Development Officer.
(e)
Freestanding signs shall not exceed the height of the building.
(7)
Special Requirements for Churches:
(a)
The site on which a church is situated shall have a frontage of not less
than 30 metres and an area of not less than 930 square metres except in
the case where a building for a clergyman's residence is to be erected on
the same site. The combined area of the site in this case shall not be
less than 1400 square metres.
(b)
Front, side, and rear yards shall be those permitted within the district in
which the church site is located.
PART 6 - COMMERCIAL & INDUSTRIAL DISTRICTS
77
Section 6.2 - Central Business District Commercial (C1)
(1)
Purpose and Intent:
The general purpose of this district is to provide sites for commercial
development appropriate for the Central Business District of the municipality.
(2)
Permitted Uses:
Antenna Structures
Business Support Services
Community Halls
Convenience Retail Stores
Cultural Establishments
Entertainment Establishments
Financial Institutions
Offices
Personal Service Businesses
Restaurants, Major
Restaurants, Minor
Retail Stores
(3)
Discretionary Uses:
Accessory Building
Accessory Uses
Automobile Garage
Auto Body and Paint Shop
Automobile Sales
Bar and Neighbourhood Pubs
Coin Laundries
Clubs or Lodges
Dwelling Accommodation (above the first floor with direct access to the outside)
Funeral Parlours
Gas Stations
Health Care Facilities
Health Services
Hotels
Laundry Facilities
Motels
Parking Lots
Public and Quasi-public Buildings and Utilities
Recreation Facilities, Indoor
Schools, Commercial
Schools, Private
Service Stations
Signs
Veterinary Clinics
(4)
General Requirements:
PART 6 - COMMERCIAL & INDUSTRIAL DISTRICTS
78
(a)
In addition to the general requirements for commercial and industrial
districts outlined in Section 6.1 of this Bylaw, the requirements outlined
below shall apply to every development in this District.
(5)
Minimum Requirements:
(a)
Site Area: 140 square metres.
(b)
Lot Width: 5 metres.
(c)
Front Yard: none required, except where the Development Officer may
deem one necessary in order to conform to existing development.
(d)
Side Yard (when adjacent to another C-1 district): none required
(e)
Side Yard (when one is provided): 1.5 metres
(f)
Side Yard (adjacent to a residential district): 1.5 metres
(g)
Rear Yard: 7.5 metres
(h)
Floor Area: at the discretion of the Development Officer.
(6)
Maximum Limits:
(a)
Site Coverage: 80% where provision has been made for on site parking
loading, storage and waste disposal, to the satisfaction of the
Development Officer.
(b)
Height of Buildings: 15 metres
(c)
Area of Site: 8094 square metres
(7)
Other / Special Requirements:
(a)
Parking is required in accordance with Section 4.3 of this Bylaw.
(b)
Surface parking must be screened to the satisfaction of the Development
Officer.
(c)
Signs are regulated by Section 4.5 of this Bylaw.
(d)
Landscaping shall be provided in accordance with section 4.4 of this
Bylaw.
(e)
In addition to section 7d above, landscaping shall be of superior design
and quality reflecting the importance of the downtown, to the satisfaction
of the Development Officer.
PART 6 - COMMERCIAL & INDUSTRIAL DISTRICTS
79
Section 6.3 - Regional Commercial District (C2)
(1)
Purpose and Intent:
The purpose of this district is to provide sites for commercial uses which serve
the local community, the traveling public and the broader region.
(2)
Permitted Uses:
Antenna Structures
Motels
Hotels
Restaurants, Fast-Food
Restaurants,
Minor
Retail Stores
(3)
Discretionary Uses:
Accessory Buildings and Uses
Automobile Rentals
Automobile Sales
Auto Body and Paint Shop
Campgrounds
Car Washes
Contractor Services
Cremation and Internment Services
Crematorium
Farmers Markets
Funeral Parlour
Garden Centres
Gas Station
Key Lock Gas Services
Modular Homes Sales
Recreation Facilities, Outdoor
Restaurants, Major
Schools, Commercial
Service Stations
Public and Quasi-public Buildings and Utilities
Signs
Veterinary Clinics
(4)
General Requirements for all Uses:
(a)
In addition to the general requirements for commercial and industrial
districts outlined in Section 6.1 of this Bylaw, the requirements outlined
below shall apply to every development in this District.
(5)
Minimum Requirements:
(a)
Lot Area: at the discretion of the Development Officer.
PART 6 - COMMERCIAL & INDUSTRIAL DISTRICTS
80
(b)
Lot Width: 4.5 metres
(c)
Front Yard: 6 metres
(d)
Side Yard: 3 metres
(e)
Rear Yard: 6 metres
(f)
Floor Area:
(6)
Maximum Limits:
(a)
Site Coverage: 35%
(b)
Height of Principal Buildings: 10.7 metres
(c)
Height of accessory Buildings: 10.7 metres except at not time shall the
height of an accessory building exceed that of the principal building on
the site.
(d)
Area of Site: 60705 square metres (15 acres)
(7)
Other / Special Requirements:
(a)
Access to developments in this district shall be by service road or similar
standard for controlling turning traffic, such as a one way system to the
satisfaction of the Development Officer.
(b)
The number of accesses provided to the highway from a development or
service road shall be at the discretion of the Development Officer and in
accordance with Provincial Requirements.
(c)
Parking is required in accordance with Section 4.3 of this Bylaw.
(d)
Surface parking must be screened to the satisfaction of the Development
Officer.
(e)
Signs are regulated by Section 4.5 of this Bylaw.
(f)
Landscaping shall be provided in accordance with Section 4.4 of this
Bylaw.
PART 6 - COMMERCIAL & INDUSTRIAL DISTRICTS
81
Section 6.4 - Industrial Business Park District (IB-1)
(1)
Purpose and Intent:
The purpose and intent of this District is to provide for quality industrial and
commercial, including light manufacturing, warehousing, and service industrial
uses, that carry out their operations such that no nuisance is created and such
that the District is compatible with adjacent non-industrial and non-commercial
districts.
(2)
Permitted Uses:
Antenna Structures
(3)
Discretionary Uses:
Accessory Buildings and Uses
Auction Establishments
Auto Body and Paint Shop
Automobile Garage
Automobile Rentals
Automobile Sales
Car Washes
Contractor Services
Cremation and Internment Services
Crematorium
Gas Station
Key Lock Gas Services
Light Equipment, Sales and Rentals
Lumber Sales
Manufacturing
Manufacturing, Light
Mobile Home Sales
Modular Homes Sales
Public and Quasi-public Buildings and Utilities
Recreation Facilities, Indoor
Recreation Facilities, Outdoor
Schools, Commercial
Service Stations
Signs
Storage
Veterinary Clinics
Veterinary Hospitals
Warehouses
(4)
General Requirements for all Uses:
PART 6 - COMMERCIAL & INDUSTRIAL DISTRICTS
82
(a)
In addition to the general requirements for commercial and industrial
districts outlined in Section 6.1 of this Bylaw, the requirements outlined
below shall apply to every development in this District.
(5)
Minimum Requirements:
(a)
Site Area: 4047 square metres (1 acre)
(b)
Lot Width: 30 metres
(c)
Front Yard: 6 metres
(d)
Side Yard: at the discretion of the Development Officer.
(e)
Rear Yard: 9 metres
(f)
Floor Area: 0.20 (FAR)
(6)
Maximum Limits:
(a)
Site Coverage: 60%
(b)
Height of Buildings: 10.7 metres
(c)
Area of Site: none
(7)
Other / Special Requirements:
(a)
Parking is required in accordance with Section 4.3 of this Bylaw.
(b)
Surface parking must be screened to the satisfaction of the Development
Officer.
(c)
Signs are regulated by Section 4.5 of this Bylaw.
(d)
Landscaping shall be provided in accordance with section 4.4 of this
Bylaw.
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Section 7.1
Mixed Use District (MU)
(1)
Purpose and Intent:
The purpose and intent of this District is to allow for and encourage the
development of a variety of compatible commercial, office, residential and other
uses. Developments in this district are of a high standard of design and
appearance.
(2)
Permitted Uses:
Antenna Structures
(3)
Discretionary Uses:
Accessory Buildings and Uses
Apartments
Assisted Living Facility
Attached Housing
Bars and Neighbourhood Pubs
Business Support Services
Car Washes
Child Care Facility
Churchs
Convenience Retail Stores
Dwelling Units (above the first floor)
Financial Institutions
Garden Centres
Health Services (Medical, Dental, Veterinary)
Hotels
Nursing and Lodging Homes
Offices
Personal Service Business
Private School
Public and Quasi Public Buildings and Utilities
Recreation Facility, Indoor
Restaurant, Fast-Food
Restaurant, Major
Restaurant, Minor
Retail Stores
Retirement Homes
Schools, Commercial
Service Clubs
Signs
(4)
General Requirements for all Uses:
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A comprehensive site plan and development guidelines shall be submitted prior
to or concurrently with any application for a rezoning application for a Mixed Use
(MU) district.
(5)
Minimum Requirements:
(a)
All minimum requirements are at the discretion of the Development
Officer.
(6)
Maximum limits:
(a)
All maximum requirements are at the discretion of the Development
Officer.
(7)
Other / Special Requirements:
(a)
Parking is at the discretion of the Development Officer.
(b)
Landscaping is at the discretion of the Development Officer.
(c)
Signs are regulated by Section 4.5 of this Bylaw.
(d)
The Development Office may impose any special requirements to achieve
a high standard of site development and appearance.
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Section 7.2
Public Service District (P-1)
(1)
Purpose and Intent:
The purpose of this District is to provide sites for the development of public or
private services to the community.
(2)
Permitted Uses:
Antenna Structures
Environmental Reserve Parcels
Parks
Recreation Facility, Indoor
Recreational Facility, Outdoor
Schools
Swimming Pools, Public
(3)
Discretionary Uses:
Accessory Buildings
Accessory Uses
Assisted Living Facilities
Cemeteries
Churches
Hospitals
Clubs or Lodge
Nursing Homes and Lodges
Public and Quasi-public Buildings and Utilities
Retirement Homes
Signs
(4)
General Requirements for all Uses:
(a)
In addition to the general requirements for all districts outlined in Part 4 of
this Bylaw, the requirements outlined below shall apply to every
development in this District.
(5)
Minimum requirements:
(a)
Site area: To the satisfaction of the Development Officer.
(b)
Front yard: 5 metres.
(c)
Side yard: 3 metres.
(d)
Side yard (laned sites): 1.5 metres.
(e)
Side yard (street side of a corner site): 3 metres.
(f)
Rear yard: 5 metres.
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(6)
Maximum limits:
(a)
Building height: a maximum of 3 storeys, not exceeding 10 metres at the
eaveline.
(7)
Other / Special Requirements:
(a)
Parking is to be provided in accordance with Section 4.3 of this Bylaw.
(b)
Signs are regulated by Section 4.5 of this Bylaw.
(c)
A minimum of 6 metres of landscaping shall be provided along all fronting
roads.
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Section 7.3
Urban Holding District (UH)
(1)
Purpose and Intent:
The purpose of this district is to reserve those lands on the periphery of the
Village which by their relationship to existing lands uses, to the main road
system, and to the established utility systems will in time become suitable for
development as urban uses.
(2)
Permitted Uses:
Antenna Structures
Agriculture, Extensive
(3)
Discretionary Uses:
Accessory Buildings
Accessory Uses
Agriculture, Intensive
Golf Driving Range
Public and Quasi-public Buildings and Utilities
Signs
Temporary Uses (at the direction of the Development Officer)
(4)
General Requirements:
(a)
No subdivision or development other than for the uses listed above shall
take place until an overall plan for the area has been approved.
(b)
The plan required under Section 4(a) above shall establish
(i)
the subdivision design,
(ii)
the proposed land use districts,
(iii)
the public reserve lands to be dedicated,
(iv)
the location of roads and other utilities required to service the
lands, and
(v)
any other matter required by the Development Officer.
(5)
Minimum Requirements:
(a)
Lot Area: 40 acres
(b)
All yards (for dwellings): at the discretion of the Development Officer.
(6)
Other / Special Requirements:
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(a)
The Development Officer may impose any conditions they deem
necessary to carry out the purpose and intent of this section.
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Section 7.4
Direct Control District (DC)
(1)
Purpose and Intent:
The purpose and intent of this district is to provide for developments that,
due to their unique characteristics, innovative nature or because of unusual
site constraints, require specific regulations unavailable in other land use
districts. This District is not intended to be used in substitution of any other
land use district in this Bylaw that could be used to achieve the same result.
(2)
Uses and Rules:
Each land use application shall be evaluated on its own merit by Council,
which will establish the appropriate development standards.
(3)
The Effect of Direct Control Guidelines:
Where a site is or has been at any time designated Direct Control (DC), the
guidelines approved by Council at the time of such designation to Direct
Control (DC) shall continue until a further Land Use Bylaw amendment has
been passed in relation to the site.
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90
Section 8.1
Forms and Notices
-
Application forms
-
sample stop order