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Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
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VILLAGE OF MARWAYNE
LAND USE BYLAW
BYLAW 572-19
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Date Adopted: June 25th, 2019
Date Last Amended: June 22nd, 2020
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
VILLAGE OF MARWAYNE
PROVINCE OF ALBERTA
BYLAW NO. 578 - 20
A BYLAW TO REGULATE LAND USE WITHIN THE VILLAGE OF MARWAYNE
PURSUANT to the Municipal Government Act, R.S.A. 2018, as amended, the Council of the Village of Marwayne
duly assembled, hereby enacts as follows:
REPEALING EXISTING CONTROLS
Bylaw No. 523-13, and its amendments are hereby repealed.
DATE OF COMMENCEMENT
This Bylaw comes into effect upon the date of it finally being passed.
READ A FIRST TIME this 13th of May 2019.
AND ADVERTISED was done in accordance with Municipal Government Act Section 606, appearing in the
Meridian Booster of June 6th & 13th, 2019 and the Voices of the Village June 2019 newsletter.
PUBLIC HEARING HELD on the 25th of June 2019.
READ A SECOND TIME this 25th of June 2019.
READ A THIRD TIME this 25th of June 2019.
SIGNED by the Mayor and Administrator this 25th of June 2019.
Mayor
Chief Administration Officer
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
AMENDMENTS
REVISION
NO.
DATE
BYLAW NO.
DESCRIPTION
Rev 1
23-Mar-20
578-20
Adding "Animal Breeding and Boarding" as a
discretionary use in the Urban Reserve and Industrial
Districts.
Adding "Animal Breeding and Boarding" as a definition
in the glossary.
Redistricting titled properties: Plan 0840395 Block 17
Lot 1; Plan 5426CL Block (A); and Railway Plan 4999CL
Right of Way in Township 52 Range 3 West of the 4th
Meridian from Industrial District to Institutional District.
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
LIFE FROM ALL ANGLES
Contents
TITLE
1
PURPOSE
1
ESTABLISHMENT OF DISTRICTS
1
ESTABLISHMENT OF LAND USE DISTRICT REGULATIONS
2
COMPLIANCE WITH OTHER LEGISLATION
2
DEVELOPMENT AUTHORITY
3
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
3
REFERRALS OF DEVELOPMENT APPLICATIONS
3
CONTROL OF DEVELOPMENT
7
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
7
NON-CONFORMING BUILDINGS AND USES
8
PERMISSION FOR DEVELOPMENT
9
DECISION MAKING
9
REFUSAL OF A DEVELOPMENT PERMIT
10
VARIANCE PROVISIONS
10
NOTICE OF A DEVELOPMENT PERMIT
11
REFUSAL OF A DEVELOPMENT PERMIT
12
DEVELOPMENT PERMITS AND NOTICES
12
VALIDITY OF DEVELOPMENT PERMITS
12
WITHDRAWAL, SUSPENSION OR CANCELLATION OF PERMITS
13
PLANS OF SUBDIVISION
15
DWELLING UNITS ON A PARCEL OF LAND
15
SITE CONDITIONS
15
FENCES AND WALLS
16
PROJECTION INTO YARDS
18
ACCESSORY BUILDINGS
19
HISTORICAL AND ARCHAEOLOGICAL SITES
19
SIGNS
19
OFF-STREET VEHICULAR PARKING
20
NON-OPERATING LANDFILL
22
HOME OCCUPATIONS
26
MOBILE HOMES
26
CANNABIS PRODUCTION, DISTRIBUTION AND SALES
27
PET KEEPING AND ANIMAL BREEDING AND /OR BOARDING FACILITIES
27
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
LIFE FROM ALL ANGLES
REQUIREMENTS FOR SUBDIVISION APPLICATIONS
29
SUBDIVISION APPLICATION REQUIREMENTS
29
DECISION ON SUBDIVISION APPLICATIONS
30
SUBDIVISION APPROVAL CONDITIONS
30
RESERVE LANDS
30
PLAN OF SUBDIVISION
31
ENDORSEMENT
31
R1 - SINGLE DWELLING RESIDENTIAL DISTRICT
36
R2 - MULTI-UNIT RESIDENTIAL DISTRICT
38
C - COMMERCIAL DISTRICT
41
VC - VILLAGE CENTRE DISTRICT
43
M - INDUSTRIAL DISTRICT
45
I - INSTITUTIONAL DISTRICT
47
UR - URBAN RESERVE DISTRICT
48
ER - ENVIRONMENTAL RESERVE DISTRICT
49
ENFORCEMENT AND STOP ORDERS
51
VIOLATION TICKETS
52
APPEAL PROCEDURE
55
APPEAL HEARING
55
DECISION
56
APPLICATION TO AMEND BYLAW
59
FORM OF APPLICATION
59
AMENDING BYLAWS
59
SCHEDULES
59
SCHEDULE A - LAND USE DISTRICT MAP
SCHEDULE B - DOWNTOWN DESIGN GUIDELINES
section 1
General
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 1 - General
1
1
General
TITLE
The title of this Bylaw shall be the Land Use Bylaw of the Village of Marwayne.
PURPOSE
The purpose of this Bylaw is to prohibit or regulate and control the use and development of land and
buildings within the municipality to achieve the orderly economic development of land, and for that
purpose amongst other things:
(1)
to divide the municipality into districts;
(2)
to prescribe and regulate for each district the purposes for which land and buildings may be
used;
(3)
to establish a method of making decisions on applications for development permits;
(4)
to provide the manner in which notice of the issuance of a development permit is to be given;
and
(5)
to establish the number of dwelling units permitted on a parcel of land.
ESTABLISHMENT OF DISTRICTS
For the purpose of this Bylaw, the Village of Marwayne is divided into the following Districts:
R1
SINGLE DWELLING RESIDENTIAL
ER
ENVIRONMENT RESERVE DISTRICT
R2
MULTI-UNIT RESIDENTIAL
M
INDUSTRIAL DISTRICT
C
HIGHWAY COMMERCIAL DISTRICT
I
INSTITUTIONAL DISTRICT
VC
VILLAGE CENTRE DISTRICT
UR
URBAN RESERVE DISTRICT
The boundaries of the districts listed in 1.3(1) are as delineated on the Land Use District Map,
being Schedule A hereto.
Where uncertainty exists as to the boundaries of Districts as shown on the Land Use District
Map, the following rules shall apply:
Rule 1.
Where a boundary of the District is shown as following a road, lane, or water course,
it shall be deemed to follow the centre line thereof.
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 1 - General
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Rule 2.
Where a boundary of the District is shown as approximately following a parcel of land
line, it shall be deemed to follow the parcel of land line.
Where the application of the above rules does not determine the exact location of the boundary
of a District, the Council either on its motion or upon written application being made to it by any
person requesting the determination of the exact location of the boundary, shall fix the portion
of the District boundary in doubt or dispute in a manner consistent with the provisions of this
Bylaw and the degree of detail as to measurements and directions as the circumstances may
require.
After the Council has fixed a District boundary pursuant to the provisions of 1.3(4), the portion
of the boundary so fixed shall not be thereafter be altered except by an amendment of this
Bylaw.
The development authority shall maintain a list of Council's decisions with respect to boundaries
or portions thereof fixed by Council.
ESTABLISHMENT OF LAND USE DISTRICT REGULATIONS
Land Use District regulations shall be as set forth in Sections 4, 5, 6, 7 and Schedule A of this Bylaw,
and which may be amended as part of changes made to this Bylaw.
COMPLIANCE WITH OTHER LEGISLATION
Notwithstanding that a development permit may not be required in certain instances under this Bylaw,
in no way does this exempt the applicant from complying with:
Other requirements for approval by municipal Bylaw, the Act, conditions, any other instrument
affecting building or land, or other applicable regulation;
Any easement, covenant, agreement, or contract affecting the development; and
Requirements of the Alberta Safety Codes Act, and any regulations, including the Alberta
Building Code.
The provisions and regulations of this Bylaw do not exempt any person from complying with the
provisions or regulation of any other municipal, provincial, or federal statute.
section 2
Agencies
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Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 2 - Agencies
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Agencies
DEVELOPMENT AUTHORITY
For the purposes of this Bylaw, the development authority shall be the person or persons
appointed to be the development authority pursuant to the municipality's Development Authority
Bylaw.
The development authority shall perform such duties and responsibilities that are specified in
this Bylaw.
The development authority shall keep and maintain for the inspection of the public during all
reasonable hours, a copy of this Bylaw and all amendments thereto; keep a register of all
applications for development, including the decisions thereof and the reasons therefore.
For the purposes of Section 542 of the Act, the development authority is hereby declared to be
the designated officer.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
The Subdivision and Development Appeal Board (SDAB) established by the municipality's Subdivision
and Development Appeal Board Bylaw shall perform such duties as are specified in Section 9 of this
Bylaw.
REFERRALS OF DEVELOPMENT APPLICATIONS
The development authority may refer any development permit application to an external agency for
their review and comment. The following is a description of mandatory referrals to external agencies:
Crown land development: When the municipality receives a development permit application that
is to be located on Crown land or near a regionally significant or natural area, a copy of the
development permit application shall be forwarded to the appropriate government department
for comment and recommendations;
Provincial highway network: The applicant shall be required to obtain an approval from Alberta
Transportation, in the following circumstances:
Subdivision or Area Structure Plan applications within 1.6km (1.0 miles) of a provincial
highway;
Development permit applications within 300m (0.19 miles) of a provincial highway; and
Development permit applications within 800m (0.5 miles) of a provincial highway
intersection with another public road.
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Section 2 - Agencies
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Critical wildlife, vegetation, and physical environments: To support the preservation of land that
is identified or determined by the municipality to be a critical wildlife habitat, vegetative area, or
physical environment or both, the development authority may refer any development permit
application that may adversely affect the subject or adjacent property to the appropriate
government department for comments and recommendations;
Alberta Energy Regulator (AER): The applicant shall be required to obtain approval from the
AER for developments that fall within the setback distances for sour wells, pipelines, and
facilities;
Alberta Environment and Parks (AEP): The applicant may be required to obtain an approval
from AEP and/or Fisheries and Oceans Canada, subject to location of the subject property, at
the discretion of Development Authority. All environmental audits and Environmental Impact
Assessments shall be referred to AEP for review and comment;
Alberta Health: The applicant may be required to obtain an approval from Alberta Health, subject
to location of the subject property, at the discretion of development authority; and
Inter-municipal referrals: The development authority may refer an application for subdivision,
development permit, and rezoning to the adjacent municipality.
ATCO: The applicant may be required to obtain approval from ATCO through a crossing and
proximity agreement.
At the discretion of the development authority, interested person(s) may be provided with an
opportunity to make representation on the application as part of the development permit
application review process.
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section 3
Development
Permits, Rules &
Procedures
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 3 - Development Permits, Rules & Procedures
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3
Development Permits, Rules &
Procedures
CONTROL OF DEVELOPMENT
No development, other than that designated in Section 3.2, shall be undertaken within the municipality
unless a development permit has been issued.
For development that requires a development permit, the development authority has authority to
approve development permit applications based on provisions outlined in Section 3.4.
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
The following development shall not require a development permit:
The carrying out of works of maintenance or repair to any building, provided that such works do
not include structural alterations or major works of renovation that would require a building
permit.
The completion of a building which was lawfully under construction at the date of the approval
of this Bylaw, provided that the building is completed in accordance with the terms of any permit
granted, and provided that the building is completed within a period of twelve (12) months from
the said date of the approval of this Bylaw.
The use of any such buildings as referred to in 3.2(2) for the purpose for which construction
was commenced.
The erection, construction, maintenance, improvement or alteration of gates, fences, walls or
other means of enclosure that does not exceed 1.85m (6.1ft) in height, provided that the
erection, construction, or maintenance, improvement or alteration does not contravene with any
other provision of this Bylaw. This does not apply to a corner parcel or lot lines adjacent to
roadways;
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.
The maintenance and repair of public works, services and utilities carried out by or on behalf of
federal, provincial and municipal public authorities on land which is publicly owned or controlled.
An accessory building or structure in a Residential District with a gross floor area of under 9.3m2
(100ft2), unless the accessory building or structure does not satisfy the regulations indicated in
Section 4.6.
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Section 3 - Development Permits, Rules & Procedures
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Landscaping where the proposed grades will not adversely affect the subject or adjacent
parcels of land, including the hard-surfacing of part of a parcel of land in a Residential District
for the purposes of providing vehicular access from a road to an attached or detached garage
or carport.
The demolition or removal of any gates, fences, walls, or accessory buildings.
NON-CONFORMING BUILDINGS AND USES
In accordance with Section 643 of the Act, if a development permit has been issued on or before
the day which this Bylaw or an amendment to this Bylaw comes into force, and the Bylaw would
make the development for which the permit was issued a non-conforming use or a non-
conforming building, the development permit continues to be in effect in spite of the coming into
force of the Bylaw.
A non-conforming use of land or a building may be continued, but if that use is discontinued for
a period of six (6) consecutive months or more, any future use of the land or building must
conform with this Bylaw, unless otherwise granted by the development authority in accordance
with Section 3.7.
A non-conforming use of part of a parcel of land may not be exceeded or transferred in whole
or in part to any other part of the parcel of land and no additional buildings may be constructed
upon the parcel of land while the non-conforming use continues, unless otherwise granted by
the development authority in accordance with Section 3.7.
A non-conforming building may continue to be used but the building may not be enlarged, added
to, rebuilt or structurally altered except:
to make it a conforming building;
for the routine maintenance of the building, if the development authority considers it
necessary; or
in accordance with the powers possessed by the development authority pursuant to the
Act and Section 3.7 of this Bylaw to approve a development permit notwithstanding any
non-compliance with the regulations of this Bylaw.
If a non-conforming building is damaged or destroyed to the extent of more than 75% of the
value of the building above its foundation, the building may not be repaired or rebuilt except in
accordance with this Bylaw, unless otherwise granted by the development authority in
accordance with Section 3.7.
The use of land or the use of a building is not affected by a change of ownership, tenancy, or
occupancy of the land or building.
Village of Marwayne LAND USE BYLAW
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Section 3 - Development Permits, Rules & Procedures
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PERMISSION FOR DEVELOPMENT
An application for a development permit shall be made to the development authority in writing,
in the form required by the development authority, and shall be accompanied by:
a completed development permit application form;
a site plan drawn to scale showing the legal description; the front, rear, and side yards, if
any; any provision for off-street loading and vehicle parking; and access and egress points
to the site;
a statement of the proposed uses; and
a statement of ownership of the land and the interest of the applicant therein.
Each application for a development permit shall be accompanied by a fee as established by
bylaw of Council.
The development authority may also require additional information in order to assess the
conformity of a proposed development with this Bylaw before consideration of the development
permit application shall commence. Such information may include:
design plans and working drawings, including elevations;
site plans showing the proposed:
(i)
location and position of structures on the parcel of land, including any signs,
(ii) location and number of parking spaces, exits, entries, and drives,
(iii) location of an access to garbage storage areas, and
(iv) landscape plan of the entire site which shall also show intended fencing and surfacing
for drives and parking areas;
information on the nature of the business being carried out;
environmental assessment reports;
traffic impact assessments; and
in the case of the placement of an already constructed or partially constructed building on
a parcel of land, information relating to the age and condition of the building and its
compatibility with the District in which it is to be located, including photographs of the
building in its current state and situation and of the area in which it is to be located.
DECISION MAKING
In accordance with Section 683.1 of the Act, the development authority shall within (twenty) 20
days of receipt of a development permit application determine if it is complete, unless an
extension is agreed upon between the applicant and the development authority.
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If the application is deemed complete, the development authority shall acknowledge to the
applicant that the application is complete within (twenty) 20 days through written notice. If no
notification is provided by the development authority, the application is deemed to be complete.
If the application is deemed incomplete, the development authority must notify the applicant
within (twenty) 20 days through written notice, provide information on the outstanding
documents, and timeframe for which the outstanding documents must be received by the
development authority. If the outstanding documents are not received within the defined
timeframe, the application is deemed to be refused and a notice outlining the reasons will be
issued by the development authority.
In making a decision, the development authority may approve the application unconditionally,
approve the application subject to those conditions considered appropriate, approve the
application permanently or for a limited period of time, or refuse the application.
The development authority may require that as a condition of issuing a development permit, the
applicant enters into an agreement to construct or pay for the construction of roads, pedestrian
walkways or parking areas which serve the development or which connect the walkway with
another walkway system that serves or is proposed to serve an adjacent development. The
development authority may also seek as part of the development permit to install or pay for the
installation of public utilities other than telecommunications systems or works, to pay an off-site
levy, and/or to give security to ensure that the terms of the agreement noted herein are carried
out.
REFUSAL OF A DEVELOPMENT PERMIT
In the case where an application for a development permit has been refused pursuant to this
Section or ultimately after appeal pursuant to Section 9 of this Bylaw, the development authority
may or may not, at their sole discretion, accept the submission of another application for a
permit on the same parcel of land and for the same or similar use by the same or any other
applicant for six (6) months after the date of the refusal.
An application for a development permit shall be deemed to be refused when a decision thereon
is not made by the development authority within forty (40) days after a complete application has
been accepted by the development authority, unless agreed to by the applicant to extend the
timeframe. The person claiming to be affected may appeal in writing as provided for in Section
9 of this Bylaw, as though they have received a refusal at the end of the forty (40) day period
specified in this provision.
VARIANCE PROVISIONS
In accordance with Section 640(6) of the Act, the development authority may approve an
application for a development permit even though the proposed development does not comply
with the regulations of this Bylaw, or if the development is to be a rebuilding, an enlargement,
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 3 - Development Permits, Rules & Procedures
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an addition, or a structural alteration of a non-conforming building, if, in the opinion of the
development authority:
the proposed development would not:
(i)
unduly interfere with the amenities of the neighbourhood; or
(ii) materially interfere with or affect the use, enjoyment or value of neighbouring parcels
of land; and
the proposed development conforms with the use prescribed for that land or building in this
Bylaw.
When making a decision on a variance permit application, the development authority may
consider the following as it relates to the application, where applicable:
For variance of subdivisions regulations:
(i)
The compatibility of the subdivision with respect to adjacent parcels and the
neighbourhood; and
(ii) The impact on infrastructure and servicing;
For variance on land use regulations:
(i)
The impact of noise;
(ii) The impact of odor;
(iii) The impact of the loss of sunlight on adjacent parcels;
(iv) The impact on an adjoining neighbour's privacy;
(v) The impact of pedestrian and vehicular traffic;
(vi) The impact on public infrastructure;
(vii) The impact on servicing;
(viii) The impact of the building or structure in relation to how it fits with the surrounding
community;
(ix) The impact of operating hours;
(x) The impact of exterior lighting on adjacent properties; and
(xi) The impact of vibrations.
NOTICE OF A DEVELOPMENT PERMIT
A decision of the development authority on an application for a development permit shall be
given in writing and a copy of it sent to the applicant.
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Section 3 - Development Permits, Rules & Procedures
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REFUSAL OF A DEVELOPMENT PERMIT
When the development authority refuses an application for a development permit, the decision
shall contain reasons for the refusal.
DEVELOPMENT PERMITS AND NOTICES
A permit granted pursuant to this Section does not come into effect until twenty-one (21) days
after the date a decision or development permit is publicized as described in 3.10(3). Any
development proceeded with by the applicant prior to the expiry of this period is done solely at
the risk of the applicant.
Where an appeal is made pursuant to Section 9 of this Bylaw, a development permit which has
been granted shall not come into effect until the appeal has been determined and the permit
has been confirmed, modified or nullified thereby.
The development authority, in its sole discretion, may cause a notice of decision to be:
Published in a newspaper circulating in the area; or
Published on the County website; or
Be mailed directly to the adjacent landowners; or
Do all of the above;
Given by a method provided for in a separate Bylaw.
Further to 3.10(3), the development authority may provide further notice if determined
necessary.
Notwithstanding 3.10(1) and 3.10(3), when a development permit is issued for a permitted use
and no variance or relaxation of the regulations of this Bylaw has been granted, there shall be
no notice of the decision given by the development authority and the development permit comes
into effect on the day after it is granted.
VALIDITY OF DEVELOPMENT PERMITS
A development permit is invalid when:
A time limit, established as a condition of the development permit, has elapsed or expired;
The permit has been suspended or cancelled pursuant to Section 3.12;
If the development authorized by a permit is not commenced within twelve (12) months
from the date of the issue of the development permit and carried out with reasonable
diligence, the permit is deemed to be void, unless an extension to this period is granted by
the development authority.
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Section 3 - Development Permits, Rules & Procedures
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WITHDRAWAL, SUSPENSION OR CANCELLATION OF PERMITS
The development authority may suspend or cancel the notice of decision or the development permit
by notice, in writing, to the holder of the permit if, after a development permit has been issued, the
development authority becomes aware that:
The application for the development contains a misrepresentation;
Facts concerning the application or the development were not disclosed which should have
been disclosed at the time the application was considered;
The development permit was issued in error;
The conditions of development approval are not complied with in a satisfactory manner; or
If a person fails to comply with a Stop Order under Section 645 of the Act, the development
authority may suspend or cancel any existing development permit by notice, in writing, to the
holder of the permit.
section 4
General Provisions
Village of Marwayne LAND USE BYLAW
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Section 4 - General Provisions
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General Provisions
PLANS OF SUBDIVISION
Where the development of land involves a subdivision of land, a condition of issuing a development
permit will be to require that the development permit cannot be acted upon until the subdivision has
been registered at the Land Titles Office.
DWELLING UNITS ON A PARCEL OF LAND
No permit shall be granted for the erection of more than one (1) stand-alone dwelling unit and a
secondary suite on a single parcel of land unless the dwelling units are located within a duplex, row
housing or an apartment.
SITE CONDITIONS
Outdoor Storage
In all Districts, the outdoor storage of goods, machinery, building materials, waste
materials, and other items are to be screened by fences, hedges or buildings, as required
by the development authority and may be a condition of the development permit.
Buffer Strip
A minimum buffer strip of 23m (75ft) shall be preserved from the top of the bank of any
river, creek, watercourse or waterbody. No structures of any kind shall be permitted within
this strip. The development authority may require a soil analysis, and additional setbacks
may be required at their sole discretion.
Stormwater
Generally speaking, to meet Alberta regulations for stormwater management, the pre-
development flow must match the post-development flow. Stormwater runoff shall not cross
another person's property without written consent from the owners affected.
Excavation
No person shall commence or continue the removal of more than 25m3 or an area of greater
than 250m2 of topsoil without first obtaining a development permit.
Village of Marwayne LAND USE BYLAW
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Section 4 - General Provisions
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FENCES AND WALLS
On an interior site in any Residential District, the height of a fence, wall, or gate shall not exceed:
1.20m (3.9ft) for the portion of the fence, wall or gate located in the front yard; and
1.85m (6.1ft) in all other yards.
On a corner parcel in any Residential District, the height of the fence, wall or gate shall not
exceed:
1.20m (3.9ft) for the portion of the fence, wall or gate located in the front yard;
1.85m (6.1ft) for the portion of the fence, wall or gate situated between the flanking side lot
line and the foremost side of façade of the principal structure, and extending from the front
lot line to the rear lot line; and
1.85m (6.1ft) in all other yards.
▼ Figure 1: Residential Fence, Wall, and Gate Diagram
All commercial developments shall provide, to the satisfaction of the development authority, a
solid fence of not less than 1.85m (6.1ft) in height along any side or rear lines adjacent to any
Residential District which cannot be seen through.
Village of Marwayne LAND USE BYLAW
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Section 4 - General Provisions
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▼ Figure 2 Commercial Development Fences Diagram
On corner sites in all Districts other than Residential Districts, no fence, wall, tree, bush,
structure or thing more than 0.9m (3.0ft) in height shall be erected, placed or maintained within
the triangular area formed by the intersecting road or highway lines and a straight-line joining
points of the road 4.6m (15.0ft) from their intersection.
▼ Figure 3: Corner Lot Setback Area
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Section 4 - General Provisions
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PROJECTION INTO YARDS
Except for fences as noted in Section 4.4, no building or structure shall be located or project
into a required front yard in any Residential District without obtaining a variance approval from
the development authority.
If fireplaces or balconies are developed as part of a dwelling, yard requirements shall be
measured from the leading edge of the fireplace or balcony.
The following features may project into a required yard:
steps, eaves, gutters, sills, and patios or other similar projections, with the amount of the
projection to be allowed by the development authority;
decks, not exceeding 1.0m (3.3ft) in height, with the amount of the projection to be allowed
by the development authority;
canopies over entrances to buildings provided such projections are cantilevered and do
not exceed 0.9m (3.0ft) in length; and
any other feature which, in the opinion of the development authority, are similar to the
foregoing.
▼ Figure 4: Projection Into Yards Diagram
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ACCESSORY BUILDINGS
An accessory building shall not be used as a dwelling without obtaining approval from the
development authority.
Accessory buildings other than fences shall be located such that the minimum distances shown
on Figure 6 between the accessory buildings and main buildings, lot lines, and other buildings,
structures, and uses are provided.
▼ Figure 5: Accessory Building Setback and Driveway Approach
No accessory buildings or structures, unless outlined in Section 4.4 and 4.5, shall be located in
the front yard.
Where a structure is attached to the main building on a parcel of land by a roof, an open or
enclosed structure, a floor or a foundation, it is to be considered a part of the main building and
is not an accessory building.
The total area of all accessory buildings on a parcel of land shall not exceed 12% of the area of
the parcel of land.
HISTORICAL AND ARCHAEOLOGICAL SITES
Historical sites or archaeological sites identified pursuant to the Alberta Historical Resources Act shall
be protected in accordance with that Act, unless approval for their removal or relocation is approved
by the Province.
SIGNS
A sign shall only be allowed provided that it is accessory to a development which is allowed
pursuant to this Bylaw, and located on the same site as the development to which it is
accessory.
Notwithstanding Section 4.8(1) above, signs shall not be allowed in Residential Districts, except
for a sign accessory to a home occupation, as described in Section 5.1(3)(c) of this Bylaw.
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 4 - General Provisions
20
4
OFF-STREET VEHICULAR PARKING
When any new development is proposed, including a change of use of existing development, or when
any existing development is, in the opinion of the development authority, substantially enlarged or
increased in capacity, off-street vehicular parking shall be provided in accordance with the following:
Location and Standards of Off-Street Vehicular Parking
All off-street vehicular parking areas and accessory off-street parking areas:
(i)
shall not be located within 1.0m (3.3ft) of a lot boundary line common to the lot and to
a road or highway;
(ii) shall be constructed so that adequate access to, and exit from each parking space is
provided at all times by means of maneuvering aisles designed to the satisfaction of
the development authority; and
(iii) shall have necessary curb cuts located to the satisfaction of the development
authority.
Parking spaces for the disabled:
(i)
shall be provided in accordance with the Alberta Building Code;
(ii) shall be visibly designated as a parking space for the disabled using signage in
accordance with Provincial Legislation; and
(iii) shall be included in the calculation of the minimum parking requirement.
All off-street vehicular parking spaces shall conform to the requirements outlined in Table
A.
▼ Table A: Minimum Parking Standards
A
B
C
D
E
F
Parking
Angle in
Degrees
Width of
Space
Depth of Space
Perpendicular
to Aisle
Width of
Space
Parallel to
Aisle
Overall
depth
Width of
Maneuvering Aisle
(each direction)
0°
3.05m
(10.0ft)
3.05m
(10.0ft)
7.01m
(23.0ft)
8.99m
(29.5ft)
3.96m
(13.0ft)
30°
3.05m
(10.0ft)
5.00m
(16.4ft)
6.00m
(19.7ft)
14.00m
(46.0ft)
3.96m
(13.0ft)
45°
3.05m
(10.0ft)
6.10m
(20.0ft)
3.96m
(13.0ft)
14.94m
(49.0ft)
3.96m
(13.0ft)
60°
3.05m
(10.0ft)
6.10m
(20.0ft)
3.05m
(10.0ft)
17.98m
(59.0ft)
6.10m
(20.0ft)
90°
3.05m
(10.0ft)
6.10m
(20.0ft)
3.05m
(10.0ft)
17.98m
(59.0ft)
7.01m
(23.0ft)
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 4 - General Provisions
21
4
▼ Figure 6 : Parking Standards Diagram
Surfacing and Drainage
Every off-street vehicular parking space provided, and the access thereto, shall be hard
surfaced if the access is from a road, highway, or lane which is hard surfaced.
Off-street vehicular parking areas must be paved or of a gravel mixture as approved by the
development authority.
Required Number of Off-Street Vehicular Parking Spaces
The minimum number of off-street vehicular parking spaces required for each
development, including parking spaces for the disabled, shall be calculated from Table B.
In the case of a use not specifically listed in Table B, the required number of off-street
vehicular parking spaces shall be as required by the development authority.
In the case of the multiple use of a lot, the development authority shall calculate the number
of off-street vehicular parking spaces required for each individual use, and the total shall
be deemed to be the required parking for the lot.
Where the total number of off-street vehicular parking spaces is determined by reference
to a unit such as the number of seats or floor area, the next higher whole number shall be
required where the calculation results in a fractional number of off-street vehicular parking
spaces.
The development authority may waive the requirement for off-street vehicular parking
spaces in the VC District if the development is to occupy an existing or infill building in the
VC District.
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 4 - General Provisions
22
4
▼ Table B: Number of Off-Street Parking Spaces
Use of Building or Development
Minimum Number of Parking Spaces
Residential Uses
Single detached dwellings, duplexes, and
manufactured homes
1 per dwelling unit
Apartments and row housing
1 per dwelling unit
Basement suites
1 per basement suite
Boarding and lodging houses
1 per sleeping unit
Major home occupations
As required by the development authority
Manufactured home parks
1 per stall, plus 1 additional space as visiting
parking for every 4 stalls
Dwelling units in commercial buildings
1 per dwelling unit
Commercial Uses
Neighbourhood convenience stores
1 per 39.9m2 (430ft2) of floor area
Shopping centres
1 per 39.9m2 (430ft2) of floor area
Other retail and person service shops, banks, and
offices
1 per 39.9m2 (430ft2) of floor area
Eating and drinking establishments
1 per 5 seating spaces
Hotels, motor hotels, and motels
1 per rentable unit
Hospitals and Similar Uses
Hospitals, nursing homes, and group homes
1 for every 3 beds
Senior citizen homes and lodges
1 for every 3 beds and 1 per resident staff
Places of Public Assembly
Auditoriums, places of worship, halls, clubs,
theaters, and entertainment establishments
To the satisfaction of the development authority,
but not less than 1 per 20 seating spaces
Schools
Elementary and junior high schools
1.4 spaces per classroom
Senior high schools
1.4 spaces per classroom, plus 1 per every 12
students
Industrial Uses
All industries
1 parking space per 100m2 (1076.39ft2) of floor
area
NON-OPERATING LANDFILL
Any residential, school, hospital or food establishment that is developed or altered and is located within
300m of a landfill as indicated on Figure 8. will be required to seek a landfill variance in accordance
with Section 3.7. Approval of the variance will be coordinated by the Village of Marwayne with Alberta
Environment and Parks.
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 4 - General Provisions
23
4
▼ Figure 7: Non - Operating Landfill Setback Areas
section 5
Special Provisions
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 5 - Special Provisions
26
5
Special Provisions
HOME OCCUPATIONS
All development permits issued for home occupations shall be revocable at any time by the
development authority, if, in its opinion, the use is or has become detrimental to the amenities
of the neighbourhood in which it is located.
Home occupation shall comply with the following regulations:
There shall not be pedestrian or vehicular traffic or parking in excess of that which is
characteristic of the District in which the home occupation is located;
The number of non-resident employees or business partners working on-site shall not
exceed two (2) at any time;
Storage related to the business activity shall not be stored outside;
The home occupation shall not be allowed if, in the opinion of the development authority,
such use would be more appropriately located in a Commercial or an Industrial District
having regard for the overall compatibility of the use with the residential character of the
area.
The home occupation shall not create any nuisance by way of noise, dust, odour, or smoke,
or anything of an offensive or objectionable nature.
A home occupation shall not change the principal character or external appearance of the
dwelling involved, nor use more than 20% or 30.7m2 (330ft2), whichever is less, of the
dwelling unit for business usage. Except as noted in Section 5.1(2)(g) herein, there shall
be no exterior signage, display or advertisement, but there may be a limited volume of on-
premises sales.
Notwithstanding any other provisions of this Bylaw to the contrary, a dwelling in which a
home occupation is located may have one (1) fascia sign placed on the dwelling, providing
that the sign does not exceed 0.28m2 (3.0ft2) in area.
When a development permit is issued for a home occupation, such permit shall be
terminated should the applicant vacate the property for which the permit has been issued.
MOBILE HOMES
Mobile homes shall comply with Canadian Standards Association Certification or obtain building
Certification from a Building Inspector approved by the Province of Alberta.
All accessory structures, such as patios, porches, additions, and skirtings, shall be
designed and erected as to harmonize with the mobile homes;
considered as part of the main building; and
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 5 - Special Provisions
27
5
erected only after obtaining a Development Permit.
A mobile home shall be skirted from the floor level to the ground level.
No accessory building or use, other than parking spaces, shall be located in the front yard of a
mobile home stall.
The hitch and wheels are to be removed from the mobile home and the mobile home is to be
securely fastened by tie downs or other means to a foundation.
CANNABIS PRODUCTION, DISTRIBUTION AND SALES
The location of any facilities related to cannabis as defined in the Cannabis Act (Canada) shall
maintain a minimum distance of 100m (328ft) from the parcel of the facility to:
a provincial health care facility, or a boundary of the parcel of land on which the facility is
located; or
a building containing a school or a boundary of the parcel of land which the facility is
located; or
the boundary of any parcel of land that is designated as a school reserve or municipal and
school reserve as defined under the Act.
The development authority may ask for proof that facilities related to cannabis meet the required
setbacks indicated in Section 5.4(1).
The cannabis facility shall comply with the Alberta Gaming and Liquor Commission's policies,
and all provincial and federal regulations.
PET KEEPING AND ANIMAL BREEDING AND /OR BOARDING FACILITIES
No fur bearing animals, fowl, livestock other than small domestic pets such as cats and dogs
may be permitted within the Residential Districts.
No livestock, whether or not the keeping of such livestock is considered to be confined feeding
operation for which neither an approval nor a registration is required pursuant to the Agricultural
Operations Practices Act, other than small domestic pets such as cats and dogs, may be
allowed in any Residential District.
The keeping of more than three (3) dogs on any lot, whether the dogs are being bred or boarded,
shall be allowed at the discretion of the Development Authority only in those Districts where
animal breeding and/or boarding facilities are listed as discretionary use in this Bylaw.
Further, the maximum number of domestic pets to be kept on-site in each of the above Districts
shall be in accordance with the Animal Control Bylaw.
section 6
Subdivision Process
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 6 - Subdivision Process
29
6
Subdivision Process
REQUIREMENTS FOR SUBDIVISION APPLICATIONS
The applicant shall be responsible for the following:
All applicable fees;
Payment of any Off-site Development Levy or Connection Fees; and
All legal, engineering, related to the application and approval of the proposed subdivision.
SUBDIVISION APPLICATION REQUIREMENTS
The Subdivision Authority may require the applicant to provide plans, studies, or reports or any or all
of them to assist in the evaluation of the proposal. Any proposed subdivision that is within 300m of the
non-acting landfills indicated in Figure 8 that are intended for residential, school or health purposes will
be required to seek a variance in accordance with Sections 3.7 and 4.11 prior to approval.
Notwithstanding the above, the applicant may be required to obtain approvals from provincial
agencies.
The applicant must provide at a minimum the following information:
A completed application for subdivision;
A legible hand drawn tentative plan for a subdivision of up to four (4) parcels;
A tentative plan prepared by an Alberta Land Surveyor for a subdivision of more than four (4)
parcels;
Current Certificate of Title dated less than fourteen (14) days before the application date;
An administration fee as set by the Schedule of Fees Bylaw; and
Any other information deemed necessary by the Subdivision Authority.
If the Subdivision Authority determines that the application is complete, a subdivision complete
application letter will be issued to the applicant within twenty (20) days of the decision. The Subdivision
Authority must make a decision within sixty (60) days of the subdivision application deemed complete.
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 6 - Subdivision Process
30
6
DECISION ON SUBDIVISION APPLICATIONS
An applicant for subdivision may appeal a decision from the Subdivision Authority to the SDAB or MGB
in accordance with the Act.
SUBDIVISION APPROVAL CONDITIONS
The Subdivision Authority may amend, remove or add to any of the conditions listed within this
section as needed on a case-by-case basis.
All subdivision conditions must be fulfilled within twelve (12) months of date of subdivision
approval, unless an extension is granted as per Section 657(6) of the Act.
The applicant shall enter into a development agreement, in a form satisfactory to the Village, to
do any or all of the things referenced in Section 655(1)(b) of the Act. This development
agreement may include, but is not limited to:
Water;
Sewage disposal;
Drainage;
Electric power;
Waste management;
Telecommunications;
Subdivision entrance signs;
Street names and rural addressing; and
Provisions that the Village must approve all infrastructure, signage, street names, and rural
addressing prior to installation or plan endorsement.
Pursuant to Section 662(1) of the Act, road widening adjoining all municipal road allowances
may be required and may be registered through a caveat or road plan.
RESERVE LANDS
The applicant for subdivision must provide where required lands for municipal and school reserve,
recreational reserve, public utility lots, and rights of way, or money in lieu up to a maximum of 10% of
the property rate, in accordance with the Act and the Municipal Development Plan.
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 6 - Subdivision Process
31
6
PLAN OF SUBDIVISION
The applicant shall prepare and present to Subdivision Authority a plan of subdivision that:
Complies with Section 657 of the Act;
Complies with the Land Titles Act, RSA 2000, c. L-4 as amended;
Is acceptable in all respects to the Registrar of the Land Titles Office of Alberta;
Shows the boundaries of the proposed subdivision, including all approaches; and
Shows any required reserve lands or public utility lots.
ENDORSEMENT
The plan of subdivision shall not be endorsed by the Subdivision Authority if there are any outstanding:
Property taxes on the property of the proposed subdivision;
Compensation of the items outlined in Section 6.1;
Approvals, pursuant to Section 6.4 and 6.5;
Required statutory approvals.
section 7
Land Use Districts
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 7 - Land Use Districts
33
LU
Land Use Districts
▼ Table C: Land Use Districts, Permitted and Discretionary Uses
P = Permitted Uses, D = Discretionary Uses
Use
R1
R2
C
VC
ER
M
I
UR
Accessory buildings and uses
P
P
P
P
P
P
P
Animal breeding and boarding
D
D
Any strictly temporary use or building which in the opinion of the
development authority will not prejudice the possibility of
conveniently and economically subdividing or developing the
area in the future
D
Apartment building
P
Auctioneering establishments
D
D
Automobile, light truck, and recreational vehicle sales and
service
P
P
Banks
P
Basement suite
D
D
Bed and breakfast
D
D
Bowling alleys
D
D
P
Buildings and uses accessory to discretionary uses
D
P
Cannabis lounge
D
D
P
Cannabis production and distribution
D
P
Cannabis retail sales
D
D
P
Cannabis retail stores
D
P
Cemeteries
D
Child care facilities
D
D
D
Clinics
D
P
P
Clubs and lodges
D
D
P
D
Coin laundries
P
Commercial schools
D
D
P
Community hall
P
Dance hall
D
D
P
Day home
D
D
Dry cleaners
P
Duplex dwelling
D
P
Dwelling units in a building used for any of the above mentioned
permitted or discretionary uses
D
Dwellings located above the ground floor
P
Farming and cultivation or land, but not including confined
feeding operations of any type
P
Frozen food lockers
D
D
P
Funeral parlours
D
P
Group home
D
P
Heavier industrial uses which may produce nuisances such as
noise, odour, dust, smoke, gas, toxins, etc. that in the opinion of
the development authority are compatible with the proposed
industrial site
D
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 7 - Land Use Districts
34
LU
P = Permitted Uses, D = Discretionary Uses
Use
R1
R2
C
VC
ER
M
I
UR
Home occupation
D
D
D
Hospitals
P
Hotels
P
D
P
Household appliance sales and repair
P
Light industrial use
D
P
Manufactured home
D
D
Manufactured home park
D
Mixed-use building
D
P
Mobile home
D
Modular home
D
D
Motels
P
P
Municipal uses that are not restricted and are compatible with an
industrial area
D
Offices
P
Other uses which, in the opinion of the development authority,
are similar to the above mentioned permitted and discretionary
uses
D
D
D
D
Outdoor amenities for public use
D
Outdoor recreation facilities
D
Parking lots
D
P
Parks
P
P
P
Parks, playground, recreation areas, and similar public or quasi-
public buildings and uses
P
Parks, plazas, and public gather places
P
Personal service shops
P
Place of Worship
D
D
P
Public or quasi-public buildings and uses
D
Public use
D
D
Public utilities
D
P
D
D
Recreational uses
D
Rentable unit
D
Restaurants
D
P
P
Retail stores
D
P
P
Row housing
P
Schools
P
Semi - detached dwelling
P
P
Service stations and gas bars
P
P
Service establishments
P
Sidewalk café as an accessory use
P
Single detached dwelling
P
P
Single detached dwelling on exiting parcels only
P
Storage and/or sale of building supplies, lumber, farm machinery,
fertilizer, bulk oil, and propane gas
D
P
Tailoring and shoe repair shops
P
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 7 - Land Use Districts
35
LU
P = Permitted Uses, D = Discretionary Uses
Use
R1
R2
C
VC
ER
M
I
UR
Theatres
D
D
P
Trails
P
Veterinary clinics
D
D
P
Warehousing; storage and distribution of raw materials,
processed or manufactured goods
P
Wholesale warehouses
D
P
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 7 - Land Use Districts | Single Dwelling Residential District
36
R1
R1 - SINGLE DWELLING RESIDENTIAL DISTRICT
The general purpose of this District is to allow development of low-density residential development in
the form of single detached dwellings, with provisions for complementary uses such as semi-detached
dwellings.
Permitted Uses
(a)
Accessory Buildings or Uses
(b)
Parks
(c)
Semi-Detached Dwelling
(d)
Single Detached Dwelling
Discretionary Uses
(a)
Basement Suite
(b)
Bed and Breakfast
(c)
Child Care Facilities
(d)
Day Home
(e)
Duplex Dwelling
(f)
Home Occupation
(g)
Manufactured Home
(h)
Mobile Home
(i)
Modular Home
(j)
Place of Worship
(k)
Public Use
In relation to Discretionary Activities the following are what the development authority will assess
to determine if the permit should be issued:
Whether the building is of a scale and size to complement the surrounding neighbourhood;
The potential impact of traffic generated by the activity;
The potential impact on the privacy and enjoyment of adjoining residents arising through
potential hours of operation, noise or odors generated from the site.
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 7 - Land Use Districts | Single Dwelling Residential District
37
R1
Regulation
Provision
Lot area (minimum)
465m2 (5,000ft2)
Lot width (minimum)
15m (50ft)
Front yard (minimum)
6.1m (20ft)
Rear yard (minimum)
6.1m (20ft)
Side yard (minimum)
for all lots more than 15m (50ft) in width
1.5m (5ft)
on corner sites abutting roads
4.5m (10ft)
Building Heights (maximum)
principal building
12m (39.4ft)
accessory building
5m (16.4ft)
Site coverage (maximum)
principal building
30%
accessory building
10%
▼ Figure 8 : R1 - Residential District Diagram
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 7 - Land Use Districts | Multi-Unit Residential District
38
R2
R2 - MULTI-UNIT RESIDENTIAL DISTRICT
The general purpose of this District is to allow development of medium and higher density residential
development.
Permitted Uses
(a)
Accessory Buildings or Uses
(b)
Apartment Building
(c)
Duplex Dwelling
(d)
Parks
(e)
Row Housing
(f)
Semi-Detached Dwelling
(g)
Single-Detached Dwelling
Discretionary Uses
(a)
Basement Suite
(b)
Bed and Breakfast
(c)
Child Care Facilities
(d)
Day Home
(e)
Group home
(f)
Home Occupation
(g)
Manufactured Home
(h)
Manufactured Home Park
(i)
Mixed-use Building
(j)
Mobile Home
(k)
Modular Home
(l)
Place of Worship
(m)
Public Use
Regulation
Provision
Lot area (minimum)
for row housing
150m2 (1,620ft2)
for apartments
604m2 (6,500ft2)
for all other uses
465m2 (5,000ft2)
Lot width (minimum)
for row housing
3.7m (12ft)
for all other uses
15m (50ft)
Front yard (minimum)
6.1m (20ft)
Rear yard (minimum)
for apartments
7.6m (25ft)
for all other uses
6.1m (20ft)
Side yard (minimum)
for apartments
4.6m (15ft)
for all other uses
1.5m (5ft)
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 7 - Land Use Districts | Multi-Unit Residential District
39
R2
Building Heights (maximum)
principal building
12m (39.4ft), three (3) storeys
accessory building
5m (16.4ft)
Site coverage (maximum)
principal building
35%
accessory building
15%
Additional apartment regulations
Provision
Minimum floor area
bachelor dwelling unit
41.8m2 (450ft2)
one (1) bedroom dwelling unit
46.5m2 (500ft2)
two (2) bedroom dwelling unit
55.7m2 (600ft2)
three (3) or more bedroom dwelling unit
65m2 (700ft2)
Minimum lot size per suite
bachelor dwelling unit
74.3m2 (800ft2)
one (1) bedroom dwelling unit
97.5m2 (1,050ft2)
two (2) or more bedroom dwelling unit
134.7m2 (1,450ft2)
Maximum building height
13.7m (45.0ft) or three (3) storeys, which ever is
shorter
Maximum lot coverage
30%
Minimum yards
side
4.6m or 40% of the building height, whichever is
greater
Additional row house regulations
Provision
Maximum density
16 dwelling units per site acre
Minimum yards
same as for single detached dwellings, except that
no side yard shall be less than 3.0m (10ft) where
side yards are provided and side yards adjacent to
roads on corner sites be a minimum of 4.6m (15ft)
Each unit shall have an outdoor living area, the depth of which shall be a minimum of 7.6m (25ft).
Within this area shall be a privacy zone with a minimum depth of 4.6m (15.0ft) contained by a fence
a minimum of 1.5m (5ft
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 7 - Land Use Districts | Multi-Unit Residential District
40
R2
▼ Figure 9 : R2 - Multi-Unit Residential District (Typical)
▼ Figure 10 : R2 - Multi-Unit Residential District (apartment)
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 7 - Land Use Districts | Commercial District
41
C
C - HIGHWAY COMMERCIAL DISTRICT
The general purpose of this District is to permit vehicle-oriented commercial development appropriate
for the municipality. Highway commercial uses are located away from the central business core of the
municipality, on larger lots with better highway access and visibility.
Permitted Uses
(a)
Accessory buildings and uses
(b)
Automobile, light truck, and
recreational vehicle sales
(c)
Dry cleaners
(d)
Hotels
(e)
Household appliance sales and
repair
(f)
Motels
(g)
Service stations and bars
Discretionary Uses
(a)
Auctioneering establishments
(b)
Bowling alleys
(c)
Buildings and uses accessory to
discretionary uses
(d)
Cannabis lounge
(e)
Cannabis production and
distribution
(f)
Cannabis retail sales
(g)
Cannabis retail stores
(h)
Clinics
(i)
Clubs and lodges
(j)
Commercial schools
(k)
Dance halls
(l)
Frozen food lockers
(m)
Funeral parlours
(n)
Light-industrial uses
(o)
Other uses which, in the opinion of
the development authority, are
similar to the above mentioned
permitted and discretionary uses
(p)
Parking lots
(q)
Public utilities
(r)
Rentable unit
(s)
Restaurants
(t)
Retail stores
(u)
Storage and/or sale of building
supplies, lumber, farm machinery,
fertilizer, bulk oil, and propane gas
(v)
Theatres
(w)
Veterinary clinics
(x)
Wholesale warehouses
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 7 - Land Use Districts | Commercial District
42
C
Regulation
Provision
Lot area (minimum)
139.4m2 (1,500ft2)
Lot width (minimum)
10m (32.8ft)
Front yard (minimum)
None, except where the development authority may
deem it necessary to conform with existing
development
Rear yard (minimum)
7.6m (25ft)
Side yard (minimum)
if adjoining a Commercial District
None
if adjoining a Residential District
7.6m (25ft)
Building Heights (maximum)
principal building
12m (39.4ft), three (3) storeys
accessory building
5m (16.4ft)
Site coverage (maximum)
principal building
35%
accessory building
15%
No use shall be established that may, in the opinion of the development authority, become
obnoxious by way of noise, odour, dust, or fumes.
Notwithstanding any other provision of this Bylaw to the contrary, development of a single detached
dwelling on Block D, Plan 8094ET shall be allowed only as the residence of the owner or operator
of a use listed as a permitted or a discretionary use in 7.3(1) or 7.3(2) above. The regulations for
the dwelling shall be as indicated for single detached dwellings in the Residential (R1) District in
Section 7.1.
▼ Figure 11: C - Commercial District
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 7 - Land Use Districts | Village Centre District
43
VC
VC - VILLAGE CENTRE DISTRICT
The purpose of the Village Centre district is to promote the development of a pedestrian-accessible,
commercial-service district in which a variety of retail, commercial, office, civic, and residential uses
are permitted. The Village Centre district is intended to discourage the development of separate off-
street parking facilities for each individual use.
Permitted Uses
(a)
Accessory buildings and uses
(b)
Banks
(c)
Clinics
(d)
Coin laundries
(e)
Dry cleaners
(f)
Dwellings located above the ground
floor
(g)
Mixed-use buildings
(h)
Offices
(i)
Parks, plazas, public gathering
places
(j)
Personal service shops
(k)
Restaurants
(l)
Retail stores
(m)
Sidewalk Café as an accessory use
(n)
Tailoring and shoe repair shops
Discretionary Uses
(a)
Bowling alleys
(b)
Cannabis lounge
(c)
Cannabis retail sales
(d)
Cannabis retail store
(e)
Clubs and lodges
(f)
Commercial schools
(g)
Dance halls
(h)
Dwelling units in a building used for
any of the above mentioned
permitted or discretionary uses
(i)
Frozen food lockers
(j)
Funeral parlours
(k)
Hotels
(l)
Other uses which, in the opinion of
the development authority, are
similar to the above mentioned
permitted and discretionary uses
(m)
Public or quasi-public buildings and
uses
(n)
Theatres
(o)
Veterinary clinics
Regulation
Provision
Maximum building height
12m (39.4ft). In all cases, the maximum height shall
include all rooftop appurtenances, architectural
features, skylights, or other such roof mounted
building amenities.
Minimum building setback requirements,
except as otherwise specified herein, shall
be:
(i) Front yard (minimum)
Zero, except where the Village may deem it
unnecessary considering existing development.
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 7 - Land Use Districts | Village Centre District
44
VC
Onsite parking shall not be located at the front of
any site in Village Commercial.
(ii) Rear yard (minimum)
None. If the rear line is adjacent to a Residential
District, the minimum rear yard shall be 2.0m (6.6ft).
(iii) Side yard (minimum)
None. If the side line is adjacent to a Residential
District, the minimum side yard shall be 2.0m (6.6ft).
(iv) Awnings, canopies, and
projecting signs
Shall not be deemed in violation of setback
requirements, provided that awning signs project no
further than 1.5m (5ft) into the right-of-way and they
are at least 2.6m (8.5ft) above the surface of any
sidewalk.
Sidewalk Café are encouraged in public spaces to enhance the vitality of the street while
maintaining pedestrian flow and safety standards.
(i)
Sidewalk café shall be located adjacent to an existing business and shall be
considered an accessory use.
(ii) The operator of a sidewalk café must carry a minimum of $500,000 liability insurance.
(iii) A minimum clear passage way of not less the 1.5m (4.9ft) for pedestrians shall be
maintained between the café and the curb or any physical obstructions.
(iv) Sidewalk cafe will be designed to have an open appearance with a defined edge such
as a railing, fence, row of planters or pots.
(v) Perimeter fences around an outdoor café shall not be more than 1m (3.3ft) high.
(vi) The sidewalk café operator shall maintain the sidewalk café area and the immediately
adjacent area in a clean and safe condition at all times.
(vii) If applicable, applications will be forwarded to Alberta Health Services and Alberta
Gaming and Liquor Commission.
Renovations, alterations, and additions to existing buildings and all new development in the
Village Centre District shall be in accordance with the Marwayne Downtown Historic Area
Design Guidelines set out in Schedule B.
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 7 - Land Use Districts | Industrial District
45
M
M - INDUSTRIAL DISTRICT
The general purpose of this District is to provide for manufacturing, processing, assembly, distribution,
service, and repair uses. Any industrial use that may produce excessive nuisances (noise, vibration,
smoke, dust, odour, toxins, radiation, fire and explosive hazards) will be discretionary, and the
development authority has the ability to prescribe development regulations around discretionary
industrial uses.
Permitted Uses
(a)
All uses listed as permitted or
discretionary uses in the C District
(b)
Cannabis production and distribution
(c)
Light industrial uses
(d)
Servicing establishments
Discretionary Uses
(a)
Animal breeding and boarding
(b)
Cannabis retail sales
(c)
Heavier industrial uses that may
produce nuisances such as noise,
odour, dust, smoke, gas, toxins,
etc., that in the opinion of the
development authority are
compatible with the proposed
industrial site
(d)
Municipal uses that are not
restrictive and are compatible with
an industrial area
(e)
Other uses which, in the opinion of
the development authority, are
similar to the above mentioned
permitted and discretionary uses
Regulation
Provision
Lot area (minimum)
500m2 (5,382ft2)
Front yard (minimum)
6.1m (20ft)
Rear yard (minimum)
6.1m (20ft)
Side yard (minimum)
3m (10ft)
Building Heights (maximum)
12m (39.4ft)
Site coverage (maximum)
60%
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 7 - Land Use Districts | Industrial District
46
M
▼ Figure 12: M - Industrial District
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 7 - Land Use Districts | Institutional District
47
I
I - INSTITUTIONAL DISTRICT
The general purpose of this District is to provide for the development of public uses and recreational
facilities.
Permitted Uses
(a)
Accessory buildings and uses
(b)
Community halls
(c)
Group homes
(d)
Hospitals
(e)
Parks, playgrounds, recreation
areas, and other similar public or
quasi-public buildings and uses
(f)
Places of Worship
(g)
Schools
Discretionary Uses
(a)
Cemeteries
(b)
Childcare facilities
(c)
Clubs and lodges
(d)
Other uses which, in the opinion of
the development authority, are
similar to the above mentioned
permitted and discretionary uses
(e)
Public utilities
(f)
Recreational uses
Regulations
All regulations shall follow those in the Commercial District, described in Section 7.3(3).
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 7 - Land Use Districts | Urban Reserve District
48
UR
UR - URBAN RESERVE DISTRICT
The general purpose of this District is to provide reserve land for future urban expansion, while
permitting the continuation of existing agricultural or recreation land uses.
Permitted Uses
(a)
Accessory buildings and uses
(b)
Farming, cultivation of land, but not
including confined feeding and
operations of any type
(c)
Parks
(d)
Single detached dwellings on
existing parcels only
Discretionary Uses
(a)
Animal breeding and boarding
(b)
Any strictly temporary use or
building which in the opinion of the
development authority will not
prejudice the possibility of
conveniently and economically
subdividing or developing the area
in the future
(c)
Home occupation
(d)
Public utilities
Regulations
No subdivision or development other than for the above uses shall take place until an Area
Structure Plan and redistricting has been adopted by Council in accordance with the
requirements of the Act.
Home occupations shall comply with the provisions of Section 5.1.
The establishment of a dwelling or accessory building shall comply with the setback
provisions under the R1 District, described in Section 7.1.
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 7 - Land Use Districts | Environmental Reserve District
49
ER
ER - ENVIRONMENTAL RESERVE DISTRICT
The general purpose of this District is to protect the existing natural features from being encroached
on by development, and to provide residents with public access to the areas districted as
Environmental Reserve.
Permitted Uses
(a)
Parks
(b)
Trails
Discretionary Uses
(a)
Outdoor amenities for public use
(b)
Outdoor recreation facilities
Regulations
All regulations shall be as required by the development authority.
section 8
Enforcement
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section - Enforcement
51
8
Enforcement
ENFORCEMENT AND STOP ORDERS
Where a development authority finds that a development or use of land or buildings is not in
accordance with
the Act or the regulations made thereunder, or
a development permit or subdivision approval, or
this Bylaw,
the development authority may, by notice in writing, order the owner, the person in possession
of the land or buildings, or the person responsible for the contravention, or all or any of them to:
stop the development or use of the land or buildings in whole or in part as directed by the
notice, and/or
demolish, remove or replace the development, and/or
take such other measures as are specified in the notice so that the development or use of
the land or buildings is in accordance with the Act, the regulations made thereunder, a
development permit, subdivision approval or this Bylaw, as the case may be.
Where a person fails or refuses to comply with an order directed to them under Section 8.1(1)
or an order of the SDAB within the time specified, the development authority may, in accordance
with Section 542 of the Act, enter upon the land or building and take such action as is necessary
to carry out the order.
A person found guilty of an offence is liable to a fine of not more than $10,000.00 or to
imprisonment for not more than one year, or to both fine and imprisonment, pursuant to Section
566 of the Act.
Where the development authority carries out an order, the Council shall cause the costs and
expenses incurred in carrying out the order to be placed on the tax roll as an additional tax
against the property concerned, and that amount shall be collected in the same manner as
taxes on land.
In addition to the process and penalties described above, the development authority or any
other person identified as a designated officer by the Council for the purposes of this Section,
shall be authorized to issue violation tickets in respect to any contravention of this Bylaw.
The recipient of a stop order may appeal to the SDAB in accordance with Section 686(1) of the
Act.
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section - Enforcement
52
8
VIOLATION TICKETS
The development authority or any other person identified as a designated officer by the Council
for the purposes of this Section, may issue a violation ticket to any person alleged to have
breached any provision of this Bylaw.
The violation ticket shall specify the alleged offence committed by the person to whom the
violation ticket is issued and require payment, within twenty-one (21) days from the date of issue
of the violation ticket, of a fine to the Village.
Persons contravening any provision of this Bylaw to whom violation tickets are issued shall be
liable for a penalty of $50.00 for a first offence and $100.00 for a second or subsequent offence.
Each day that a breach of the Bylaw has occurred may be considered to be a separate offence.
The violation ticket shall be served upon the alleged offender personally or by single registered
mail. If payment is made within the time limit, then such payment shall be accepted in lieu of
prosecution for the offence.
If a person who has been served with a violation ticket fails to pay the fine specified therein, then
the right of the alleged offender to settle the alleged offence without a court appearance shall
no longer apply and prosecution for the alleged offence shall proceed.
If the person who was served with the violation ticket is thereafter prosecuted and convicted of
the offence specified in the violation ticket, the fine imposed shall not be less than $125.00, plus
court costs, for each offence.
section 9
Appeals
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Part 9 - Appeals
55
9
Appeals
APPEAL PROCEDURE
An appeal may be made to the SDAB where a development authority:
refuses or fails to issue a development permit to a person within forty (40) days of receipt
of a complete application, or
issues a development permit subject to conditions, or
issues an order under Section 8.1 of this Bylaw.
Notwithstanding Section 9.1(1), no appeal lies in respect of the issuance of a development
permit for a permitted use unless the provisions of this Bylaw were relaxed, varied or
misinterpreted.
The person applying for the permit or affected by the order, or any other person affected by an
order, decision or development permit of a development authority may appeal to the SDAB.
An appeal shall be made by serving a written notice of appeal to the Secretary of the SDAB,
together with reasons and the development appeal fee as established by resolution of Council,
within twenty-one (21) days after:
the date the order, decision or permit issued by the development authority was publicized
in accordance with Section 3.10(3); or
the date on which the person is notified of the order or decision or the issuance of the
development permit; or
the forty (40) day period referred to in Section 9.1(1)(a) has expired.
APPEAL HEARING
Within thirty (30) days of receipt of a notice of appeal, the SDAB shall hold an appeal hearing
respecting the appeal.
The SDAB shall give at least five (5) days notice in writing of the appeal hearing to:
the appellant;
the development authority from whose order, decision or development permit the appeal is
made;
those adjacent land owners who were notified under Section 3.10(3)(c) and any other
person who, in the opinion of the SDAB, are affected by the order, decision or permit; and
such other persons as the SDAB specifies.
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Part 9 - Appeals
56
9
The SDAB shall make available for public inspection before the commencement of the appeal
hearing all relevant documents and materials respecting the appeal including:
the application for the development permit, its refusal and the appeal there from; or
the order of the development authority Section 8.1,
as the case may be.
At the appeal hearing referred to in Section 9.1(1), the SDAB shall hear:
the appellant or any other person acting on their behalf;
the development authority from whose order, decision or development permit the appeal is
made, or if a person is designated to act on behalf of the development authority, that
person;
any other person who was served with notice of the hearing and who wishes to be heard
or a person acting on their behalf; and
any other person who claims to be affected by the order, decision or permit and that the
SDAB agrees to hear or a person acting on their behalf.
DECISION
The SDAB shall give its decision in writing together with reasons for the decision within fifteen
(15) days of the conclusion of the appeal hearing.
A decision made under this part of the Bylaw is final and binding on all parties and all persons
subject only to an appeal upon a question of jurisdiction or law pursuant to the Act. An
application for leave to the Court of Appeal shall be made:
to a judge of the Court of Appeal; and
within thirty (30) days after the issuance of the order, decision, permit or approval sought
to be appealed.
section 10
Administration
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 10 - Administration
59
10
Administration
APPLICATION TO AMEND BYLAW
A person may apply to have this Bylaw amended, by applying in writing, furnishing reasons in
support of the application and paying the fee therefore required under Section 10.2.
Council may at any time initiate an amendment to this Bylaw by directing the development
authority to initiate an application therefore.
FORM OF APPLICATION
All applications for amendment to this Bylaw shall be made to the Council on the form provided by the
municipality and shall be accompanied by:
an application fee as established by resolution of Council; and
a recent title search of the land affected or other documents satisfactory to the development
authority showing the applicant's interest in the said land; and
drawings showing the subject site, the proposed District and the proposed use and
development to be proposed on the site, if applicable; and
the reasons for the changes to this Bylaw.
AMENDING BYLAWS
All amendments to this Bylaw shall be made by Council by bylaw and in conformity with the Village's
MDP, the Act and the Alberta Land Stewardship Act.
SCHEDULES
Schedules A (the Land Use District Map) and B (the Downtown Design Guideline) are part of this
Bylaw.
section 11
Definitions
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 11 - Definitions
61
11
Definitions
In this Bylaw:
"accessory building" means a building separate and 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,
which is located on the same parcel of land with such main use or building;
"Act" means the Municipal Government Act, 2018, as amended;
"animal breeding and boarding" means development used for the breading, boarding, caring or
training of animals, normally considered household pets. Typical facilities include pet breeding,
pet boarding and pet training establishments.
"apartment" means a dwelling containing three (3) or more dwelling units, but shall not mean
row housing;
"average grade" means the average lot grade calculated from averaging the elevation of the of
the lot corners;
▼ Figure 13 : Diagram of 'average grade'
"basement suite" means a self-contained dwelling unit, in the basement of a single detached
dwelling, having a common access with a dwelling unit on the main floor;
"bed and breakfast" means a development within a dwelling which possesses a dwelling unit,
where temporary sleeping accommodations, up to a maximum of two (2) bedrooms, with or
without meals, are provided for remuneration to members of the public;
"building" includes anything constructed or placed on, in, over, or under land but does not
include a road or a bridge forming part of a road;
"Cannabis" means cannabis as defined in the Cannabis Act (Canada);
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 11 - Definitions
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11
"Cannabis Distributor" means a person, organization or entity who holds a cannabis distributor
licence issued under the Gaming, Liquor and Cannabis Act (Alberta);
"Cannabis Lounges" means development where the primary purpose of the facility is the sale
of Cannabis to the public, for the consumption within the premises that is authorized by
provincial or federal legislation. This Use does not include Cannabis Production and Distribution;
"Cannabis Production and Distribution" means development used principally for one or more of
the following activities as it relates to Cannabis:
the production, cultivation, and growth of Cannabis;
the processing of raw materials;
the making, testing, manufacturing, assembling or in any way altering the chemical or
physical properties of semi-finished or finished goods and products;
the storage or transshipping of materials, goods and products; or
the distribution and sale of materials, goods and products to Cannabis Retail Sales stores
or to individual customers.
"Cannabis Retail Sales" means development used for the retail sale of Cannabis that is
authorized by provincial or federal legislation. This Use does not include Cannabis Production
and Distribution;
"child care facility" means an establishment licensed by the regional Child and Family Services
Authority intended to provide care, educational services and supervision for seven (7) or more
children for a period less than 24 hours at a time. This use includes group day care centres,
out-of-school centres, nursery or play schools, and drop-in centres;
"corner site" means a parcel of land with boundary lines on two separate roads or a single road
that curves at an angle of sixty (60) degrees or more at the subject site. For the purposes of
this definition, a road shall not include a lane;
"Council" means the Council of the Village of Marwayne;
"day home" means a child care operation within a dwelling unit that serves not more than 6
children and is operated either under contract with a Family Day Home Agency or independently
as a private babysitting facility;
"development" means:
an excavation or stockpile and the creation of either of them, or
a building or an addition to or replacement or repair of a building and the construction or
placing of any of them in, on, over or under land, or
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
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 11 - Definitions
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11
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 Authority" means the Development Authority established by the municipality's
Development Authority Bylaw and appointed by Council;
"development permit" means a document authorizing a development issued pursuant to this
Bylaw;
"discretionary use" means the use of land or a building provided for in this Bylaw for which a
development permit may be issued upon an application having been made;
"duplex" means a dwelling containing two (2) dwelling units which share a common wall, and
which are located either side by side or one above the other and which may or may not share a
common access;
"dwelling" means any building used exclusively for human habitation and which is supported on
a permanent foundation or base extending below ground level. This definition shall include
single detached dwellings, semi-detached dwellings, duplexes, row housing, apartments,
mobile homes and manufactured homes;
"dwelling unit" means a complete dwelling or self-contained portion of a dwelling, or a set or
suite of rooms which contains sleeping, cooking and separated or shared toilet facilities,
intended for domestic use, and used or intended to be used permanently or semi-permanently
as a residence for a household, and which is not separated from direct access to the outside by
another separate dwelling unit;
"floor area" means the total area of all floors of all buildings, not including accessory buildings,
located on any parcel of land, excluding the area of basement floors, except that all dwelling
units in apartment buildings shall be included in the calculation of floor area;
"front line" means the boundary line of a parcel of land lying adjacent to a road. In the case of a
corner site, the shorter of the two boundary lines adjacent to the road shall be considered the
front line;
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 11 - Definitions
64
11
▼ Figure 14 : Diagram of 'Front Line'
"front yard" means a yard extending across the full width of a parcel of land from the front line
to the nearest wall of the main building situated on the parcel of land. If there are fireplaces or
balconies on the building, the front yard shall be measured to the nearest point of the fireplace
or balcony. In the case of a curved front line, the front yard will also form a curve;
▼ Figure 15 : Diagram of 'Front Yard'
"ground floor area" means the total area of buildings, including accessory buildings, located on
the lot;
"group home" means a development consisting of the use of a dwelling as a facility which is
authorized, licensed or certified by a public authority to provide room and board for foster
children or disabled persons, or for persons with physical, mental, social, or behavioural
problems and which may be for the personal rehabilitation of its residents either through self-
help or professional care, guidance or supervision. The residential character of the
development shall be primary with the occupants living together as a single housekeeping group
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 11 - Definitions
65
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and using cooking facilities shared in common. This does not include drug or alcohol addiction
treatment centres;
"hard-surfacing" means a durable ground surface constructed of cast-in-place concrete, brick,
concrete paving blocks, turfstone, stone, asphalt, or similar materials (not including gravel and
clay);
"home occupation" means the use of a portion of a residential building to conduct a business
or commercial enterprise that is incidental or subordinate to the residential function of the
building.
"light industrial use" means manufacturing, fabricating processing, repairing, storing,
wholesaling, and/or distribution of goods and materials in such a manner that all activities take
place inside buildings and no noise, dust, glare, heat, or any other emission is evident outside
the building;
"lot" means:
a quarter section, or
a part of a parcel of land described in a certificate of title if the boundaries of the part are
separately described in the certificate of title other than by reference to a legal subdivision,
or
a part of a parcel of land described in a certificate of title if the boundaries of the part are
described in a certificate of title by reference to a plan of subdivision;
"lot coverage" is a calculation of the ground floor area divided by the area of the parcel of land.
"lot width" means the length of a line parallel to the front line or, in a parcel of land with a curved
front line, perpendicular to a line running between the mid-point of the front line and the mid-
point of the rear line, measured at a distance from the front line equal to the minimum required
front yard;
"main building" means a building in which is conducted the main or principal use of the parcel
of land on which it is erected;
"manufactured home" means a prefabricated dwelling unit intended for occupancy and is not a
mobile home;
"maximum building height" means the maximum permitted height of a building within a land use
district;
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 11 - Definitions
66
11
▼
Figure 16 : Diagram of 'Maximum Building Height'
"mixed-use" means a development that contains more than one use on the lot or within a
building.
"mobile home" means a single dwelling comprising of one or more large factory-built sections.
It will be manufactured in full compliance with both the current CSA National Mobile Home
Standard and the Alberta Building Code (ABC), bearing prominently displayed CSA Mobile
Home Label and an Alberta Municipal Affairs label that certifies compliance to both the current
CSA Standard and the ABC at the time of approval.
"modular home" means a dwelling that conforms to the Canadian Standards Association A-277
Series certified standards in place at the time of manufacture, that is designed to be transported
to the building site in pieces and assembled on-site on top of a site-constructed basement or
foundation;
"municipality" means the Village of Marwayne;
"natural area" means lands in a natural state where buildings and development are prohibited
or restricted.
"non-conforming building" means a building:
that is lawfully constructed or lawfully under construction at the date a land use bylaw or
any amendment thereof affecting the building or the land on which the building is situated
becomes effective, and
that on the date the land use bylaw 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 a land use bylaw affecting the land or building becomes effective,
and
that on the date the land use bylaw becomes effective does not, or in the case of a building
under construction will not, comply with the land use bylaw;
Village of Marwayne LAND USE BYLAW
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Section 11 - Definitions
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"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 owner of the land according to the municipality's
assessment roll.
"patio" means a paved outdoor area at ground level adjoining a house;
"parcel of land" means lot;
"permitted use" means the use of land or a building provided for in this Bylaw for which a
development permit shall be issued upon an application having been made, provided that all of
the regulations of this Bylaw are satisfied;
"place of worship" means a building wherein people regularly gather for worship and related
religious, philanthropic or social activities. Typical uses include churches, chapels, convents,
kingdom halls, monasteries, mosques, synagogues, and temples;
"Principal Building, Structure or Use" means a building or use which, in the opinion of the
development authority, is the main purpose for which the building or site is ordinarily used.
"public utility" means a public utility, as defined in the Act;
"rear line" means the boundary line of a parcel of land lying opposite to the front line of the parcel
and/or farthest from a road;
▼ Figure 17 : Diagram of 'Rear Line'
Village of Marwayne LAND USE BYLAW
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Section 11 - Definitions
68
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"rear yard" means a yard extending across the full width of a parcel of land from the nearest wall
of the main building situated on the parcel of land to the rear line of the parcel of land. If there
are fireplaces or balconies on the building, the rear yard shall be measured to the nearest point
of the fireplace or balcony;
▼ Figure 18: Diagram of 'Rear Yard'
"rentable unit" means a separate unit of a motel used or intended to be used for the temporary
accommodation of one or more persons;
"Retail Cannabis Licence" means a licence issued under the Gaming, Liquor and Cannabis Act
(Alberta) to purchase cannabis from the Alberta Liquor and Gaming Commission, and to
possess, store and sell the cannabis in the licensed premises.
"road" means a road as defined in the Act and shall include a highway;
"row housing" means a dwelling or dwellings, each of which consists of at least three (3) dwelling
units with each unit having direct access to the outside grade, but shall not mean "apartment";
"secondary suite" means an accessory use containing one additional self-contained dwelling
unit located within a single dwelling;
"Semi-Detached Dwelling" means two attached dwelling units that share a common wall;
"side line" means the boundary line of a parcel of land lying between a front line and a rear line
of a parcel of land. In the case of a corner site, the longer of the two boundary lines adjacent to
the road shall be considered a side line;
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 11 - Definitions
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▼ Figure 19 : Diagram of 'Side Line'
"sidewalk café" means a group of tables and chairs and other accessories situated and
maintained upon a public sidewalk or other pedestrian areas for the use and consumption of
food and beverages sold to the public from, or in, an adjoining indoor food and beverage
establishment;
"side yard" means a yard extending from the nearest wall of the main building situated on a
parcel of land to the side line, and lying between the front and rear yards on the parcel of land.
If there are fireplaces or balconies on the building, the side yard shall be measured to the nearest
point of the fireplace or balcony;
▼ Figure 20: Diagram of 'Side Yard'
"Single Detached Dwelling" means a residential use in which the principal building is a
permanent building constructed on-site to Alberta Building Code requirements, used for one
dwelling unit and that may contain one secondary suite, but does not include a manufactured
home.
Village of Marwayne LAND USE BYLAW
Bylaw No. 572-19
Section 11 - Definitions
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"site" means one or more parcels of land on which a development either is to take place or has
taken place;
"Subdivision and Development Appeal Board" means the Subdivision and Development Appeal
Board established by the Council by the Subdivision and Development Appeal Board Bylaw
adopted pursuant to the Act;
"temporary building" means a building incidental and subordinate to the principal use which at
no time shall be used a dwelling and is not intended to remain as a permanent structure;
"yard" means a part of a parcel of land upon or over which no main building is to be erected;
and all other words and expressions have the meanings respectively assigned to them in the
Act or in other Acts of the Legislature or in common law;
schedule A
Land Use District
Map
Village of Marwayne LAND USE DISTRICT MAP
Bylaw No. 572-19
Schedule A | Marwayne Land Use District Map
A
Schedule A | Land Use District Map
Last Amended June 22 n d, 2020