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LAND USE BYLAW
JUNE 2017
BYLAW NO. 1066
CONSOLIDATED SEPT. 2020
TABLE OF CONTENTS
OCTOBER 2020
1
BYLAW NO. 1066
1
CONSOLIDATED SEPTEMBER 2020
1
TABLE OF CONTENTS
3
PART 1: INTRODUCTION
1
SECTION 1: TITLE
1
SECTION 2: SCOPE AND APPLICATION
1
SECTION 3: PURPOSE
1
SECTION 4: PREVIOUS BYLAWS
2
SECTION 5: EFFECTIVE DATE
2
SECTION 6: OTHER LEGISLATION AND BYLAWS
2
SECTION 7: INTERPRETATION
2
SECTION 8: TECHNICAL AMENDMENTS
2
SECTION 9: FORMS
3
SECTION 10: MEASUREMENTS
3
SECTION 11: INVALID SECTIONS
3
SECTION 12: FEES
3
PART 2: PLANNING AUTHORITIES
4
SECTION 13: DEVELOPMENT AUTHORITY
4
SECTION 14: SUBDIVISON AUTHORITY
4
SECTION 15: APPEAL AUTHORITIES
5
PART 3: ADMINISTRATION
8
SECTION 16: DEVELOPMENT CONTROL
8
SECTION 17: BYLAW CONTRAVENTION
8
SECTION 18: ENFORCEMENT
9
SECTION 19: BYLAW AMENDMENT PROCESS
10
SECTION 20: CONTROL OF DEVELOPMENT
11
SECTION 21: DIRECT CONTROL DISTRICTING
12
PART 4: TERMS AND DEFINITIONS
13
SECTION 22: TERMINOLOGY
13
PART 5: DEVELOPMENT PERMIT PROCEDURES
39
SECTION 23: SAME OR SIMILAR USES
39
SECTION 24: DEVELOPMENT NOT REQUIRING A PERMIT
39
SECTION 25: MAKING AN APPLICATION
41
SECTION 26: PRELIMINARY NOTIFICATION
43
SECTION 27: DEVELOPER CONSULTATION
43
SECTION 28: PERMITTED USE - CONFORMANT
44
SECTION 29: DISCRETIONARY AND VARIANCE PERMITS
45
SECTION 30: VARIANCE DECISIONS
46
SECTION 31: DIRECT CONTROL APPLICATIONS
47
SECTION 32: REFERRAL REQUIREMENTS
47
SECTION 33: NOTIFICATION REQUIREMENTS
48
SECTION 34: PERMIT EXPIRY
49
SECTION 35: EFFECTIVE DATE
49
SECTION 36: PERMIT TRANSFERABILITY
49
SECTION 37: COMPLETENESS & DEEMED REFUSALS
50
SECTION 38: SUBSEQUENT APPLICATIONS
50
SECTION 39: MANDATORY REFUSALS
50
SECTION 40: NON-CONFORMING BUILDINGS & USES
50
SECTION 41: SUSPENSION OR CANCELLATION OF DEVELOPMENT PERMITS
51
PART 6: GENERAL REGULATIONS
53
SECTION 42: ACCESSORY BUILDINGS
53
SECTION 43: BUILDING DEMOLITION
54
SECTION 44: BUILDING HEIGHT
54
SECTION 45: CHARACTER & APPEARANCE
55
SECTION 46: CIVIC ADDRESS
55
SECTION 47: COMMUNITY ENTRANCE FEATURE
55
SECTION 48: CURB CUTS
56
SECTION 49: DEVELOPMENT NEAR PROVINCIAL HIGHWAY LANDS
56
SECTION 50: DEVELOPMENT NEAR SLOPES
56
SECTION 51: DOUBLE FRONTING PARCELS
57
SECTION 52: DWELLING UNITS ON A PARCEL
57
SECTION 53: EMERGENCY ACCESS TO BUILDINGS
58
SECTION 54: ENVIRONMENTAL ASSESSMENTS & RESTORATION
58
SECTION 55: EXCAVATION, STRIPPING, AND GRADING
58
SECTION 56: EXCLUSIVE USE AREAS
59
SECTION 57: FENCING & SCREENING
60
SECTION 58: HAZARDOUS MATERIALS
61
SECTION 59: HELICOPTER FLIGHT PATH PROTECTION
62
SECTION 60: LANDFILL AND LAGOON AREA REQUIREMENTS
62
SECTION 61: COMMUNITY ASSOCIATIONS
62
SECTION 62: LANDSCAPING
63
SECTION 63: LANEWAY ACCESS
64
SECTION 64: MUNICIPAL ACCESS REQUIREMENTS
64
SECTION 65: ON-SITE ENERGY SYSTEMS
65
SECTION 66: ON-SITE SERVICING
67
SECTION 67: OUTSIDE STORAGE & DISPLAY
67
SECTION 68: POLLUTION CONTROL
68
SECTION 69: PRINCIPAL BUILDINGS OR USE
68
SECTION 70: PROJECTIONS OVER YARDS
68
SECTION 71: PUBLIC UTILITIES
69
SECTION 72: RAILWAY VICINITY CONSTRUCTION
69
SECTION 73: RELOCATION OF BUILDINGS
70
SECTION 74: RESIDENTIAL INFILL
71
SECTION 75: RESTRICTED DEVELOPMENT
72
SECTION 76: VEHICLE ACCESS MANAGEMENT
72
SECTION 77: ZERO-SIDE YARD REQUIREMENTS
72
SECTION 78: RESIDENTIAL PARKS
73
SECTION 79: RESIDENTIAL STANDARDS
75
SECTION 80: MULTI-UNIT RESIDENTIAL STANDARDS
76
SECTION 81: DEVELOPERS RESPONSIBILITY
77
PART 7: USE SPECIFIC REGULATONS
79
SECTION 82: ACCESSORY FOOD SERVICE
79
SECTION 83: ACCESSORY LIQUOR SERVICE
79
SECTION 84: ACCESSORY (SECONDARY) SUITES
79
SECTION 85: ADULT ENTERTAINMENT SERVICE
81
SECTION 86: KEEPING OF ANIMALS
81
SECTION 87: BED AND BREAKFAST OPERATIONS
82
SECTION 88: CAMPGROUNDS AND R.V. PARKS
82
SECTION 89: CANNABIS CULTIVATION, MANUFACTURE AND SALE REQUIREMENTS
83
SECTION 90: CAR WASH
84
SECTION 91: COMMERCIAL ACCOMMODATION
84
SECTION 92: COMMUNICATION TOWERS
85
SECTION 93: DRIVE-THROUGH BUSINESSES
86
SECTION 94: FAMILY (CHILD) CARE FACILITIES
86
SECTION 95: GROUP HOME SERVICES
87
SECTION 96: HOME OCCUPATIONS
88
SECTION 97: INDEPENDENT ADULT LIVING
88
SECTION 98: LIVE/WORK COMMUNITY
89
SECTION 99: MARIJUANA SERVICES
90
SECTION 100: MIXED USES
90
SECTION 101: PARK MODEL HOMES
91
SECTION 102: PETROLEUM FACILITIES
92
SECTION 103: PLACES OF WORSHIP
93
SECTION 104: PORTABLE BUILDINGS
94
SECTION 105: SHIPPING CONTAINERS
94
SECTION 106: SWIMMING POOLS & HOT TUBS
95
SECTION 107: SURVEILLANCE RESIDENCE
95
SECTION 108: UNDERGROUND SPRINKLER SYSTEMS
96
PART 8: SIGNAGE
97
SECTION 109: GENERAL SIGN PROVISIONS
97
SECTION 110: FREESTANDING SIGNS
98
SECTION 111: BILLBOARD SIGNS
98
SECTION 112: AWNING & CANOPY SIGNS
100
SECTION 113: PROJECTING SIGNS
100
SECTION 114: ROOF SIGNS
102
SECTION 115: WALL & FACIA SIGNS
102
PART 9: PARKING & LOADING
104
SECTION 116: OFF-STREET PARKING DESIGN
104
SECTION 117: COMMUNAL PARKING
105
SECTION 118: ON-STREET PARKING
106
SECTION 119: OFF-STREET PARKING
106
SECTION 120: PARKING STALL REQUIREMENTS
106
PART 10: DISTRICT REGULATONS
110
SECTION 121: PREAMBLE
110
SECTION 122: RESIDENTIAL - R1 (LOW DENSITY)
111
SECTION 123: RESIDENTIAL - R2 (MIXED HOUSING)
114
SECTION 124: RESIDENTIAL - R3 (MEDIUM DENSITY)
116
SECTION 125: RESIDENTIAL - R4 (HIGH DENSITY HOUSING)
118
SECTION 126: RESIDENTIAL - R5P (RESIDENTIAL PARK)
120
SECTION 127: RESIDENTIAL - R5S (RESIDENTIAL)
122
SECTION 128: RESIDENTIAL - RW (LIVE/WORK)
124
SECTION 129: COMMERCIAL - C1 (DOWNTOWN CORE)
126
SECTION 130: COMMERCIAL - C2 (GENERAL COMMERCIAL)
128
SECTION 131: INDUSTRIAL - M1
130
SECTION 132: URBAN SERVICES - US
132
SECTION 133: PARKS AND RECREATION - P
133
SECTION 134: URBAN RESERVE - UR
134
SECTION 135: DIRECT CONTROL - DC
135
LAND USE BYLAW MAP .......................................................................................135
FORMS...................................................................................................................... 137
EXPLANATION NOTES:
EXPLANATION NOTE: Passages using this symbol are
not a formal part of this Bylaw. They are placed within the
text of this Bylaw as an aide to the reader.
LAND USE BYLAW UPDATES
Bylaw No.:
Purpose:
Bylaw 1080
Amend Section 42(4), Section 128 &
Section. 104.
Bylaw 1081
District change from R3 to C1, Lot 8,
Blk 22, Plan 6104 HW
Bylaw 1092
District change of Lot 1, Blk 6, Plan
373CL from R1 to C1 District.
Bylaw 1094
Cannabis amendment to Section 22,
89, 129, 130 and 131.
Bylaw 1099
Section 129, addition of
"manufacturing services" to the list of
uses.
Bylaw 1111
Plan cancellation: Lots 5 and 6a, Blk
10, Plan 8339ET to Lot 5A
Bylaw 1112
Plan cancellation: Plan 6104HW, Blk
22, Lots 7, 8, and north 24' of 9.
Bylaw 1128
Amend Section 8 and authorize an
overall Bylaw consolidation.
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PART 1: INTRODUCTION
SECTION 1: TITLE
This Bylaw is to be known as the "Town of Mayerthorpe Land Use Bylaw" or "LUB",
adopted pursuant to Bylaw No. 1066 and the provisions of the Municipal
Government Act, R.S.A. 2000 (hereinafter known as "the MGA" or "MGA"), as
amended.
SECTION 2: SCOPE AND APPLICATION
Subdivision and Development applications shall be processed and determined in
accordance with the provisions of this Bylaw.
Where enforcement measures warrant the application of Section 545/546 Orders
or the issuance of a Stop Order, it shall be in accordance with the applicable
provisions of this Bylaw and those of the MGA, as amended.
EXPLANATION NOTE: STOP ORDERS are best suited for
physical structures or uses that are not easily relocated.
Easily moved structures such as vehicles and trailers,
unsightly yards or public safety issues are often better
enforced through Section 545 of the MGA.
The Town may issue violation tickets pursuant to the Town of Mayerthorpe
Miscellaneous Rates and Fees Bylaw No. 1061.
SECTION 3: PURPOSE
The purpose of this Bylaw is to, amongst other things:
1) To divide the Town into Land Use Districts, and to prescribe and regulate for
each District the purpose for which land and Buildings may be erected and
used;
2) To establish the municipal Development Authority and the Office of the
Development Officer;
3) To establish an application submittal, review and decision making process for
development permit applications;
4) To provide minimum standards for the notification of decisions made by the
Development Authority;
5) To implement statutory plans of the Town; and
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6) To provide forms for applications for Development Permits, Subdivision
applications, land use bylaw and Statutory Plan amendments.
SECTION 4: PREVIOUS BYLAWS
Upon third reading of this Bylaw, the Town of Mayerthorpe Land Use Bylaw No.
890 and amendments thereto are rescinded in full. No provision of Bylaw No. 890
or other preceding Land Use Bylaw shall apply to Development within the Town.
SECTION 5: EFFECTIVE DATE
The effective date of this Bylaw shall be the date of third and final reading thereof.
SECTION 6: OTHER LEGISLATION AND BYLAWS
This Bylaw has been prepared to be consistent with the policy directions and goals
provided in the Town of Mayerthorpe Municipal Development Plan Bylaw No. 1067,
hereinafter known as the MDP, and in conformity with the provisions of the MGA
and its applicable regulations, as amended. This Bylaw is intended to complement
related statutory and administrative requirements as they concern land within the
Province of Alberta's Legislative authority, with specific reference to the following:
- Traffic Safety Act
- Water Act
- Public Lands Act
- Land Stewardship Act
- Line Fence Act
- Safety Codes Act
- Alberta Health Act
- Alberta Environmental
Protection & Enhancement
Act.
SECTION 7: INTERPRETATION
1) The word "shall" means that an action is mandatory.
2) The word "should" means that an action is discretionary, but is an expression
of desire.
3) The word "may" means that the action is discretionary. Actions taken are
based upon sound planning goals and principles as well as best practices.
4) Words in singular may also mean plural as applicable. A corporation is regarded
as a person and any reference to a gender includes both genders and identities.
SECTION 8: TECHNICAL AMENDMENTS
Updates to Section numbers, references to specific sections of legislation, typographical and
clerical errors, and name changes, such as Ministries of the Government of Alberta may be
made by Council through Bylaw without a public review or hearing pursuant to Section 692(6)
of the Act. (Bylaw 1128)
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SECTION 9: FORMS
For the purpose of administrating the provisions of this land use bylaw, the
Council, shall, by resolution, authorize the preparation and the use of such forms
and notices as it may determine necessary. Forms and notices as required to
administer the duties of this Bylaw may be updated or amended by
Administration.
SECTION 10: MEASUREMENTS
Submissions for applications in this Bylaw should be made in metric
measurements. Where measurements are made in Imperial measurement they
may be converted to Metric by the Development Authority or Subdivision
Authority for processing purposes.
SECTION 11: INVALID SECTIONS
If one or more sections of this Bylaw are for any reason declared to be invalid, all
remaining provisions are to remain in full force and in effect.
SECTION 12: FEES
Fees and charges pursuant to this Bylaw and any amendments thereto; with
respect to development permit applications, zoning compliance applications and
amendments to this Bylaw, shall be established by Council pursuant to the Town
of Mayerthorpe Miscellaneous Rates & Fees Bylaw.
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PART 2: PLANNING AUTHORITIES
The following municipal authorities are established though this Bylaw.
SECTION 13: DEVELOPMENT AUTHORITY
1) Town of Mayerthorpe Development Authority, hereinafter known as the
Development Authority, is established pursuant to Section 624 of the MGA.
a. The Development Authority is that person(s) appointed by Council
pursuant to this Bylaw. These persons are known as Development
Officer(s).
b. As applicable, the Municipal Planning Commission established by Bylaw
pursuant to the MGA also acts as the Development Authority.
c. Within Direct Control Districts Council acts as the Development Authority
except where that authority is deferred through Bylaw to the
Development Officer or the Municipal Planning Commission.
2) The Development Authority is responsible to carry out those duties as
described in the MGA and its regulations, and this Bylaw, as amended from
time to time.
3) The Development Officer is an authorized person of the Town and is a
"Designated Officer" as provided for in the MGA.
4) The Development Officer shall keep and maintain for the inspection of the
public during all reasonable hours, a copy of this Bylaw and all amendments
thereto. This Bylaw shall also be posted on the Town's Website. The
Development Officer shall keep a register of all applications for Development,
including the decisions thereon and the reasons therefore.
5) For the purpose of application of Section 542 of the MGA, the Development
Officer is hereby designated as authorized by the Town to discharge the
relevant powers and functions.
SECTION 14: SUBDIVISON AUTHORITY
1) The Town shall establish the Subdivision Authority through Bylaw.
2) The Subdivision Authority shall keep and maintain for the Town all records
related to the Subdivision applications within the Town.
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3) The Subdivision Authority shall apply this Bylaw as part of the decision-making
process for Subdivision applications, extensions, and endorsements.
SECTION 15: APPEAL AUTHORITIES
1) The Subdivision and Appeal Board is established by the Town of Mayerthorpe
Subdivision and Development Appeal Board Bylaw No. 1032, as amended from
time to time by Council.
2) The Subdivision and Development Appeal Board shall perform the duties and
functions as described in this Bylaw and the MGA.
3) The Subdivision and Development Appeal Board shall review all appeal
applications within its jurisdiction for Development appeals, stop order appeals,
and Subdivision appeals.
4) Reviews of orders pursuant to Section 545 of the MGA are made to Council.
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DEVELOPMENT PERMIT PROCESS FLOWCHART
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Appeal Process Flowchart
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PART 3: ADMINISTRATION
SECTION 16: DEVELOPMENT CONTROL
1) Development Permits are required to ensure that all Development is achieved
in an orderly manner and in keeping with the municipal development strategy
as described in the MDP.
2) Development Permits are also integral to the Safety Codes process as a
Building Permit cannot be obtained without first obtaining a Development
Permit.
SECTION 17: BYLAW CONTRAVENTION
1) Where a Development Authority finds that a Development or Use of land or
Building(s) is not in accordance with:
a) the MGA or the regulations, or
b) a Development Permit or Subdivision approval, or
c) this Land Use Bylaw,
the Development Authority 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 or all of them to,
a) stop the Development or Use of the land or Buildings in whole or in part as
directed by the notice, or
b) demolish, remove, or replace the Development, or
c) 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 MGA,
the regulations, a Development Permit, Subdivision approval or this Bylaw.
2) Where a person fails, or refuses to comply with an order directed to him under
Subsection (1) or an order of the Subdivision and Development Appeal Board
under Section 645 of the MGA within the time specified, a Designated Officer
may, in accordance with the MGA, enter upon the land or Building and take
such action as is necessary to carry out the order.
Whereby it carries out an order, Council shall cause the costs and expenses
incurred in carrying out the order to be registered as a caveat under the Land
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Titles Act against the Certificate of Title for the land that is subject of the order
pursuant to Section 646 of the MGA.
3) Where a notice is issued under Subsection (1), the notice shall state the
following and any other information considered necessary by the Development
Authority:
a) An explanation of the contravention, and a statement indicating under which
provisions of this Bylaw or the MGA the order is being carried out, and
b) The alternatives and processes which the person responsible for the
contravention may pursue to correct the contravention, and
c) A time frame in which the contravention must be corrected prior to the Town
pursuing action, and
d) Advise the person of his right to appeal the notice to the Subdivision and
Development Appeal Board.
SECTION 18: ENFORCEMENT
1) This Bylaw may be enforced, and the contravention of any provisions
contained herein restrained, by the Court of Queen's Bench of Alberta upon
action brought by Council, whether or not any penalty has been imposed for
the contravention.
2) A person who:
a) contravenes any provision of the MGA or the regulations under the MGA,
b) contravenes this Bylaw,
c)
contravenes an order under Section 29 of this Bylaw and/or Section
645 of the MGA,
d)
contravenes a Development Permit or Subdivision approval or condition
attached thereto, and/or
e)
obstructs or hinders any person in the exercise or performance of his
powers or duties under the MGA, the regulations under the MGA or this
Bylaw;
is guilty of an offense and is liable to a fine prescribed in Section 566 of
the MGA.
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3) If a person is found guilty of an offense under this Section or Section 557 of
the MGA, the Court may, in addition to any other penalty imposed, order the
person to comply with:
a) the MGA and the regulations under the MGA;
b) this Bylaw;
c) an order under this Section and/or Section 645 of the MGA; and/or
d) a Development Permit or Subdivision approval or a condition attached
to a Development Permit or Subdivision approval.
4) Any written notice, or order, or decision that is required under any provision
of this Bylaw to be provided to any person shall be deemed to have been so
provided if it is:
a) delivered personally to the person, or their agent, it is directed to,
b) delivered through electronic communication under agreement with
the said person or agent, or
c) mailed by certified mail to the last known address of the person it is
directed to.
5)
If a person is found guilty of an offense under Subsections (1) or (2), the
Court may, in addition to any other penalty imposed, order the person to
comply with the MGA, this Land Use Bylaw, or a Development Permit.
SECTION 19: BYLAW AMENDMENT PROCESS
1) A person may apply to amend this Bylaw, in writing, to the Development
Authority, by completing the proper form. All proposed amendments to this
Bylaw shall be made in accordance with Section 692 of the MGA.
2) An application to amend this Bylaw shall include the following information:
a) reasoning in support of the application;
b) right of entry privileges to the Development Officer and any other
authorized person(s) that may need to visit the Site to assess the
application;
c) the current and proposed Use of the subject Parcel;
d) current and proposed servicing of the subject Parcel; and
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e) written authorization from the landowner of the Parcel, if not the
applicant.
and the applicable fee payable to the Town.
3) Upon receipt of a complete application, the Development Officer of other
designated person shall carry out any necessary investigation or analysis of
any land use issues related to the proposal, and prepare a report to Council for
consideration.
4) Should the Town not decide to proceed with the amendment in its current form,
the applicant may be advised to modify the amendment or withdraw the
application.
5) Once all necessary technical reviews have been conducted the application shall
be forwarded to Council with a recommendation for consideration.
6) Should an amendment application to this Bylaw be rejected by Council, a same
or similar application may not be considered by Council for six (6) months.
SECTION 20: CONTROL OF DEVELOPMENT
1) No Development other than that designated by the Town as not requiring a
Development permit approval shall be undertaken within the Town unless an
application for it has been approved and a Development Permit has been
issued.
2) Should a proposed Development not require a Development Permit pursuant
to this Bylaw, but requires a Development Permit in order to be able to obtain
another required approval such as a safety codes permit, a Development
Permit may be issued for the said Development pursuant to this Bylaw.
EXPLANATION NOTE: Note that Section 188 of the MGA
requires an amending Bylaw to be passed within 2 years of
first reading in order to remain valid.
It is required that a formal public hearing be held prior to
considering of second reading of an amending Bylaw.
It is possible under special circumstances to consider all three
readings of an amending Bylaw in the same Council Meeting.
First reading should be considered as nothing other than an
administrative action and not a sign of Council being in favour
or against the proposed Bylaw.
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SECTION 21: DIRECT CONTROL DISTRICTING
1) Direct Control Districts should only be used for the purpose of facilitating
Subdivision and Development that, due to their unique characteristics,
innovations or unusual Site and environmental constraints, require specific
Land Use Bylaw regulation that is not provided in other land use districts
included in this Bylaw.
2) Direct Control Districts should not be used where another land use district in
this Bylaw could be used to achieve the same result either with or without a
variance(s) of this Bylaw.
3) Innovative Direct Control Districts are intended to enable innovative
Subdivision and Development where traditional land use districts are unable to
accommodate the specialized characteristics of the property or the
Development proposed. Innovative Direct Control Districts should be used in
a manner that will allow Developers to express a vision for a property that is
unique, complementary to the surrounding neighbourhood and unable to be
accommodated through traditional land use districts.
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PART 4: TERMS AND DEFINITIONS
SECTION 22: TERMINOLOGY
The following definitions and terms are to be applied within this Bylaw. Undefined
terms within this Bylaw shall take the definition that is commonly or legally
attributed to it. Some definitions may reference "Use Specific Regulations" as
described in this Bylaw.
ACCENT LIGHTING - means outdoor lighting that is entirely used to
illuminate architectural features, art, landscaping features, monuments, or
trees and is only directed at such features.
ACCESSORY BUILDING - means a Building which is separate from the
principal Building on the Parcel where both are located and subordinate to
that of the Principal Building. Buildings that are separately defined and are
not stated in the Use Specific Regulations as being an Accessory Building
shall be subject to their own unique definition and Use provision within this
Bylaw.
ACCESSORY FOOD SERVICE - means a temporary or permanent food
service that is accessory, secondary, or complementary to the Principal Use
on the Parcel.
ACCESSORY LIQUOR SERVICE - means a temporary or permanent liquor
sales
and
consumption
outlet
that
is
accessory,
secondary,
or
complementary to the Principal Use on the Parcel.
ACCESSORY USE - means a Use that is incidental or subordinate to the
Principal Use on the Parcel.
ADJACENT LAND - means land that is contiguous to the Parcel of land that
is being subdivided and includes:
a) Land that would be contiguous if not for a Highway, road, river, or
stream; or
b) Any other land identified in the land use Bylaw as Adjacent Land
for the purpose of notification.
ADULT ENTERTAINMENT BUSINESS - means a Use:
a) That may operate in conjunction with another approved Use;
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b) Where live performances, motion pictures, video tapes, video
disks, slides, or any type of electronic or photographic
reproductions, the main feature of which is the nudity or partial
nudity of a person, are performed or shown; or
c) Where each separate viewing area has a maximum viewing
capacity of 20 seats.
AMENITY AREA or AMENITY SPACE - means an area that shall be
provided, indoor or outdoor, subject to the regulation of this Bylaw; and
which must be developed for passive or active recreation and enjoyment.
Such an area may be for either private or communal Use and may be under
either individual, common, or public ownership.
AMUSEMENT ESTABLISHMENT (INDOOR) - means any Building or place
or part thereof where patrons are normally, but not necessarily participants.
Typical uses include, but are not limited to: billiard parlors, electronic
games, arcades, bowling alleys and theatres.
AMUSEMENT ESTABLISHMENT (OUTDOOR) - means a Development
providing outdoor facilities where patrons are normally, but not necessarily
participants. Typical uses include, but are not limited to: amusement Parks,
go kart tracks, miniature golf establishments and golf courses.
ANIMAL CARE FACILITY (LARGE ANIMAL) - means the accommodation
and care or impoundment of animals which may include commercial
Livestock within an enclosed Building including, but not limited to,
veterinary clinics and a place to house or contain animals under the care of
a veterinary clinic.
ANIMAL CARE FACILITY (SMALL ANIMAL) - means the accommodation
and care or impoundment of household pets within an enclosed Building
including, but not limited to, veterinary clinics, small animal shelters, and
kennels.
AREA REDEVELOPMENT PLAN - means a plan accepted or adopted by
Council as an Area Redevelopment Plan pursuant to Section 634 of the MGA,
as amended.
AREA STRUCTURE PLAN - means a plan accepted or adopted by Council
as an Area Structure Plan pursuant to Section 633 of the MGA, as amended.
ARTERIAL ROAD - means a road that generally has no private accesses
onto it other than those that are necessary to service vehicular traffic.
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AUCTION SALES - means a Use for the purpose of auctioning goods and
equipment, and may include a storage yard.
AUTOMOBILE SALES - means a Use for the display, purchase and sale of
automobiles that are stored either or both indoor and outdoor on the Parcel.
AUTOMOBILE SERVICE CENTRE - means a Building that may be a
Principal Use or an accessory to another Use on the same Parcel where
automobiles are serviced.
BALCONY - means a horizontal platform that is attached to and forms part
of a Building above the first Storey floor level and is intended for Use as an
outdoor Amenity Area.
BARE LAND CONDOMINIUM - means a Condominium as defined under
the Condominium Property Act, as amended. Generally, Units of land are
privately owned while Parks, open spaces, roads, and other property that
are jointly owned by the members of the Condominium.
BARE LAND UNIT - means land described as a Unit in a Condominium plan
by reference to boundaries governed by monuments placed pursuant to the
provision of the Survey's Act.
BASEMENT - means that portion of a Building which is located below the
first floor and is either partially or wholly below Grade.
BASEMENT SUITE - means a suite in the Basement of a Dwelling other
than an apartment that can be rented by the owner of the Dwelling, where
both are registered under the same certificate of title and complies with
Alberta Building Code requirements. A Basement Suite is listed as a
Secondary Suite under the Special Use Provisions and Land Use Districts of
this Bylaw.
BAY WINDOW - means a window that projects outward from the facade
of a Building, but does not include an opening that is intended to give access
to a Building.
EXPLANATION NOTE: In a Bare Land Condominium,
what would normally be referred to as Lots are legally
called "Units". As applicable in this Bylaw, references to
"Lots" are applicable to "Units" in the context of a Bare
Land Condominium. A Unit is the landowner's property.
Common property usually consists of roads, alleys, Parks,
utility areas, community Buildings and other lands that are
shared amongst the various landowners (Members of the
Condominium).
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BED
AND
BREAKFAST
OPERATION
-
means
a
Minor
and
ancillary/subordinate commercial Use of a residence where accommodation
is provided for periods of fourteen (14) days or less in an approved guest
room(s).
BUILDING COVERAGE - means the area of a Parcel which is covered by a
Building excluding:
a) portions of the Building located entirely below Grade;
b) portions of the Building greater than 2.4 metres (7.9 ft.) above
Grade and with a depth of less than 1.0 metres (3.2 ft.),
measured from the wall directly below;
c)
portions of eaves, roofs, pergolas, and other similar elements
with a depth of 1.0 metres (3.2 ft.), measured from the wall
directly below;
d) Patios and any covered and enclosed area located directly
below; and
e) Decks, landings, uncovered stairs, and any external areas
located below.
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 SETBACK - means the distance from a property line to the point
on a Parcel where a Building is located measured at a right angle from the
property line to which it relates.
BULK FUEL DISTRIBUTION CENTRE - means a facility for the bulk
storage and sale of oil and fuel products, including propane. A Bulk Fuel
Distribution Centre is different from a petroleum facility in that it is much
larger in size, primarily serves or is serviced by large trucks or pipelines,
and may include both refined and un-refined products.
CANNABIS - means a plant, oils, seeds and other products belonging to
the genus "cannabis" as is defined under the Government of Canada
Cannabis Act, and its regulations. (Bylaw 1094)
CANNABIS ACCESSORY - means rolling papers, holders, pipes, water
bongs and vaporizers for the purpose of being used in the consumption of
cannabis; or other products that are permitted to be legally sold at the same
point of sale within a cannabis retail facility. (Bylaw 1094)
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CANNABIS COMMERCIAL CULTIVATION - means the growing of
cannabis on a large scale within a greenhouse facility for wholesale
distribution. (Bylaw 1094)
CANNABIS HOME GROWN - means cannabis that is grown at a residential
proeprty for personal consumption. (Bylaw 1094)
CANNABIS MANUFACTURING - means the manufacturing of cannabis
products for wholesale distribution in accordance with legislation enacted by
the Governments of Canada and Alberta. (Bylaw 1094)
CANNABIS RETAIL SALES - means a store front retail store where
cannabis and accessory products may be sold. (Bylaw 1094)
CANOPY - means a projection extending from the outside wall of a Building
normally for the purpose of shielding a part of the Building from the sun.
CARPORT - means a roofed Structure used for storing or Parking of not
more than two private vehicles which has not less than 40% of its total
perimeter open and unobstructed.
CAMPGROUND & R.V. PARK - means the Development of land which has
been planned and improved for the Use of holiday trailers, motor homes,
Park Model Homes, tents, campers, and similar recreation vehicles.
CAR WASH - means a Building or area used for the purpose of washing
motor vehicles and other Chattel such as tow trailers.
CEMETERY - means a place where dead people or animals are buried. A
Cemetery is not an Accessory Use to a Place of Worship.
CHATTEL - means a moveable item of personal property.
CHILD CARE SERVICES - means a Use that is devoted to the caring of
children on a temporary basis such as day homes or Day Care Facilities.
CLUSTER HOUSING - means a group of Dwellings, either detached or
attached, located on a single Parcel with shared yard and Parking provisions.
COMMERCIAL ACCOMMODATION - means a hotel, motel, motor lodge or
hostel from which rooms are rented on a short-term basis for the
accommodation of the public. Commercial accommodation units shall
contain at least one bed for each unit and may include a kitchen. Commercial
accommodation may also include Restaurant Services, laundry, meeting
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rooms, and recreational activities such as swimming pools, hot tubs, or
fitness facilities.
COMMERCIAL
ACCOMMODATION
(LONGER
TERM)
-
means
a
Commercial Accommodation where extended accommodation stays are
available.
COMMERCIAL LIVE/WORK - means a neighbourhood that is developed to
provide both a residential and commercial Use such as owner/operator
businesses, a Veterinary Clinic and kennel or other similar combination of
residential and commercial enterprise.
CONCESSION STAND - means a Minor eating and drinking facility which
services non-alcoholic beverages, contains no dedicated seating spaces, and
includes operations as burger stands, ice cream stands, and other related
Developments.
CONDOMINIUM - means individual ownership of a Unit or Units in a Multi
Unit Building or a Parcel of land that is part of a Condominium plan registered
at Land Titles and includes ownership in a share of Common Property such
as hallways, Parking areas and landscaping areas administered by a
Condominium association in accordance with provisions of the Condominium
Property Act, as amended.
EXPLANATION NOTE: Common property usually
consists of roads, alleys, Parks, utility areas, community
Buildings and other lands that are shared amongst the
various landowners (Members of the Condominium).
CONVENIENCE SERVICES - means a variety store used for the retail sale
of goods required by the neighbourhood residents or employees on a day-
to-day basis, including: confectionery, tobacco, groceries, beverages,
pharmaceutical and personal care items, hardware, or printed matter.
CORNER - means the intersection of any two property lines of a Parcel.
CORNER PARCEL - means a Parcel that abuts two streets which intersect
at an angle not exceeding 135 degrees.
COUNCIL - means the Council of the Town of Mayerthorpe.
CREMATORIUM - means a Building which includes a facility for the
cremating of remains of the deceased.
CHARACTER - the unique attributes of the natural and built environment
which establish a sense of place. It includes elements such as Street width,
Street names and amenities, development intensity, land use type, the
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natural environment, neighbourhood design, community spaces and
architecture.
COLLECTOR ROAD - means a road that connects to an Arterial Road and is
accessed primarily by local roads.
COMMON PROPERTY - means that portion of the Condominium plan that
is not privately owned, but is owned in common by the Condominium
membership. Common property may include Parks, utility areas, roads and
reserve land that is not subject to Part 17 of the MGA.
CONDOMINIUM PROPERTY ACT - means the Condominium Property Act,
R.S.A., 2000, as amended.
CONSERVATION EASEMENT - means a private, legal agreement through
the Alberta Land Stewardship Act, as amended; whereby a landowner
voluntarily restricts certain rights or opportunities related to their land use in
favour of a qualified organization (i.e., a land trust, government agency,
municipality, or other recognized conservation organization) to support
identified conservation goals. The agreement is registered on title, and binds
all future landowners.
DAY CARE FACILITY - means a facility and program for the provision of
care, maintenance, and supervision for four or more children under the age
of fifteen years, by a person other than one related by blood or marriage, for
periods of more than three (3) but less than twenty-four (24) consecutive
hours, and is intended to be operated for at least (12) consecutive weeks per
year.
DECK - means an uncovered horizontal Structure with direct access to the
ground that is intended for use as an outdoor Amenity Area.
DENSITY - means a quantitative measure of the average number of persons,
families, or Dwelling units per unit of area. Density may also mean the
number of Lots or Units created per Parcel, where applicable.
DESIGNATED OFFICER - means a person(s) authorized by Bylaw to carry
out the powers, duties and functions of the Development Officer as provided
in this Bylaw.
DEVELOPABLE AREA - means an area of land suitable for a Building Site as
defined in this Bylaw.
DEVELOPER - means an owner, agent, or any person, firm or company
required to obtain or having obtained a Development Permit.
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DEVELOPMENT AGREEMENT - means an agreement that may be required
between a Developer and the Town in the form of a signed document which
establishes specific requirements of the Town for municipal improvements to
be undertaken within the municipality in accordance with a Development or
Subdivision decision.
DEVELOPMENT AUTHORITY - means a Development Authority established
pursuant to Section 624 of the MGA and may include one or more of the
following: a Development Officer, Municipal Planning Commission, Council,
or any other person or organization that has been authorized by Bylaw to
exercise Development powers on behalf of the municipality;
DEVELOPMENT OFFICER - means the official or officials of the Municipality
with the responsibility of receiving, considering, and deciding on applications
for Development, matters related to enforcing this Bylaw such as Stop and
Contravention Orders, and representing the Town at Subdivision and
Development Appeal Board Hearings.
DEVELOPMENT PERMIT - means a certificate or document permitting a
specified Development. This permit is separate and distinct from a Building
permit.
DISCONTINUED - means the time at which substantial construction activity
or a Non-Conforming Use or conforming Use has ceased.
DISCRETIONARY USE - means a Use of land or Buildings provided for in
the District Regulations of this Bylaw, for which a Development Permit may
be issued with or without conditions.
DOUBLE FRONTING PARCEL - means a Corner Parcel which is not a
flanking Parcel, but also includes a Parcel which abuts two public streets
(except alleys as defined in the Highway Traffic Safety Act), which are parallel
or nearly parallel where abutting the Parcel.
DRIVE THROUGH - means an accessory to an establishment which services
customers traveling in motor vehicles driven onto the Parcel without requiring
the customer to leave their vehicle while being serviced.
DWELLING - SINGLE DETACHED - means any Building used principally for
human habitation and which is supported on a permanent Foundation
extending below ground level. A Dwelling - Single Detached, does not
include a Mobile Home or Manufactured Home, but does include a Modular
Home.
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DWELLING - MANUFACTURED HOME - means a C.S.A1. certified Dwelling
unit which is constructed with a chassis that allows for the permanent or
temporary attachment of a hitch and wheel assembly to enable relocation of
the Dwelling. A Manufactured Home may be a single Structure (single wide)
or two parts which when put together (double wide) comprise a complete
Dwelling. A Manufactured Home does not include a Mobile Home, Modular
Home or Single Detached Dwelling as defined under this Bylaw.
DWELLING - MOBILE HOME - means a Dwelling which was constructed
prior to January 1, 1991, does not meet the National Building Code of Canada
CAN/C.S.A. A277 standard, with a chassis or related assembly that allows for
the permanent or temporary attachment of a hitch and wheel assembly to
enable relocation of the Dwelling. A Mobile Home does not include a Modular
Home, Manufactured Home, temporary living accommodation or Single
Detached Dwelling as described in this Bylaw. A Mobile Home may be a
single Structure (single wide) or two parts which when put together (double
wide) comprises a complete Dwelling.
DWELLING - MODULAR HOME - means a Single Detached Dwelling that is
primarily constructed off-site in one or more pieces or modules. A Modular
home is otherwise no different than a Single Detached Dwelling under this
Bylaw.
DWELLING - MULTI UNIT - means a Dwelling which forms part of a larger
Structure that includes (2) or more Dwellings and may include hallways,
internal Amenity Areas or other accessory structures that are intended to
service the occupants of the Building. A Dwelling-Multi-Unit, shall feature
separate external entrances or common entrances to an internal hallway, and
may include:
o Duplex: two Dwellings located side by side or on top of each other with
each Storey being a separate Dwelling;
o Triplex: three Dwellings located side by side;
o Fourplex: four Dwellings located side by side or on top of each other;
o Row Housing: more than four Dwellings side by side; or
o Apartment: five or more Dwellings with multi-storeys, separate
entrances to the outdoors or internal hallway entrances.
1 Canadian Standards Association.
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DEVELOPER - means the person, organization, or other legal entity
responsible for the Development of a Parcel of land.
DEVELOPMENT - means those Buildings, uses or other activities as defined
in Section 616 of the MGA, as amended.
EASEMENT - means a right to use land, generally for access to other
property or as a right-of-way for a Public Utility.
ENVIRONMENTAL IMPACT STATEMENT (EIS) - means a study that
assesses the potential impact of a Development proposal which is prepared
by qualified professionals such as an environmental engineer, ecologist,
wildlife biologist or hydrologist. An EIS provides a technical assessment of a
Development proposal explaining if and to what extent the proposed
Development might impact the biological and physical characteristics and
functions of an area. An EIS identifies potential adverse impacts of a proposal
and recommends ways to avoid, minimize or mitigate these impacts and, if
possible, enhance the natural area.
ENVIRONMENTALLY SENSITIVE LANDS (ESL) - means land containing
sensitive or significant environmental attributes that are established with the
intent to protect natural features and functions, including, but not limited to
wildlife and waterbodies.
FLANKAGE - means in the context of a corner Lot, the longer of the two
lines facing a Street, unless both lines facing the Street are of equal length
then either Lot line could be considered Flankage, but not both.
FLOOR AREA - means the greatest horizontal area of a Building above Grade
within the outside surface of exterior walls or within the glassline of exterior
walls and the centreline of fire walls but not including the Floor Areas of
Basements, attached Garages, sheds, open porches, or breezeways.
FOUNDATION - means the lower portion of a Building, usually concrete or
masonry, and includes the footings which transfer the weight of and loads on
a Building to the ground.
FRONT YARD SETBACK - means the Setback from the property line.
FRONTAGE - means the linear length of a property line shared with a Street.
FUNERAL
HOME
-
means
a
Building
used
for
viewing
and
funerals/memorials for the deceased by mourners. A Funeral Home does not
include a Crematorium.
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GARAGE - means an Accessory Building (detached Garage) or part of the
principal Building, designed and used primarily for the storage of motor
vehicles.
GARAGE SUITE - means a self contained Dwelling unit in compliance with
Alberta Building Code standards that is located on the second floor of a
Garage.
GAS BAR - means a facility for the sale of gas on a retail basis for smaller
vehicles.
GENERAL INDUSTRIAL USE - means a Development where;
(a) raw materials are processed, and/or
(b) semi-finished or finished goods, products or equipment are
manufactured and/or assembled, and/or
(c) materials, goods and equipment normally associated with industrial
or commercial business are cleaned, serviced, repaired, salvaged,
and/or tested, and/or
(d) materials, goods and equipment are stored and/or transshipped,
and/or
(e) materials, goods and equipment are distributed and/or sold to
institutions and/or industrial and commercial businesses for their
direct use and/or to general retail establishments and/or other retail
establishments for resale to individual customers, and/or
(f) personnel are trained in industrial operations.
General Industrial Uses may take place outside of a Building or without a
main Building on-site. General Industrial land uses shall have in the opinion
of the Development Authority a reasonable Character and appearance as
viewed from a public roadway or land within an adjoining land use district.
GRADE - means the ground elevation established for the purpose of
regulating the number of storeys and the height of a Building. The Building
Grade shall be the level ground adjacent to the walls of the Building if the
finished Grade is level. If the ground is not entirely level the Grade shall be
determined by averaging the elevation of the ground for each face of the
Building.
GROSS FLOOR AREA - means the total area of all floors of all Buildings
including Accessory Buildings located on any Parcel, excluding the area of
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Basement floors, EXCEPT THAT Basement Suites in apartment Buildings shall
be included in the calculation of gross Floor Area.
GROUP CARE FACILITY - means a facility which provides resident services
to seven or more individuals of whom one or more are unrelated. These
individuals may be aged, disabled, or undergoing rehabilitation, and provided
services to meet their needs. This includes the following such similar uses
as Group Homes (all ages), halfway houses, resident schools, and psychiatric
care facilities. These facilities are not intended to include major institutional
care facilities such as hospitals, young offender's facilities.
GROUP HOME - means a residence that is licensed or funded under an Act
of the Parliament of Canada or the Province of Alberta for the accommodation
of six or fewer persons, exclusive of staff, living under minimal supervision
in a single housekeeping unit and who, because of their emotional, mental,
social, or physical condition or legal status, require a group living
arrangement for their well-being. This Use does not include such uses as
open custody young offender's facilities, or psychiatric care facilities.
HABITABLE ROOM - means a room or enclosed space used or usable for
human occupancy, including but not limited to kitchens, bedrooms, living
rooms, family rooms and dens. Non-Habitable Rooms include bathrooms,
laundries, pantries, foyers, hallways, entry ways, storage areas and rooms
in Basements and cellars used only for recreational purposes or any space in
a Dwelling providing a service function and not intended primarily for human
occupancy.
HARD SURFACED LANDSCAPED AREA - means an area with a surface
consisting of materials that are generally regarded as impermeable and
restrict water percolation to the soil or sub-soil. Typical surfaces would
include: pavement, rock, brick, or cement.
HIGHWAY - means that portion of Highway No. 22 and Highway No. 43
which are within or adjacent to the corporate boundary of the Town.
HOME OCCUPATION - means any occupation, trade, profession, or craft,
including a Bed and Breakfast operation and Home Day Care as defined in
this Bylaw, carried on by an occupant of a residential Building as a Use
secondary to the residential Use of the Building and which does not change
the Character thereof or have any exterior evidence of such secondary Use.
HOME DAY CARE means a facility and program for the provision of care,
maintenance, and supervision for four or more children under the age of
fifteen years, by a person other than one related by blood or marriage, for
periods of more than three (3) but less than twenty-four (24) consecutive
hours.
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HOUSING DENSITY - means the number of housing units within a defined
area usually expressed in housing units per hectare. Unless otherwise stated
in this Bylaw, Housing Density includes primary residents, secondary suites,
rental apartments, granny suites and other forms of permanent
accommodation.
INDOOR EATING ESTABLISHMENT - means an establishment where a
combination of food and non-alcoholic drink are intended to be consumed
within the confines of the establishment.
IN-FILL - means the Development of vacant or mostly vacant land within
built up and fully serviced areas of existing neighbourhoods.
INTENSIFICATION - means the Development of a property, Site or area
at a higher density than currently exists through Redevelopment or infill
Development.
INTENSIVE AGRICULTURE - means the commercial Use of Parcels of land
for non-animal husbandry uses such as greenhouses, market gardens, sod
farms, nurseries, tree farms, etc.
KENNEL - means a Development in which three or more dogs and/or cats
over six months in age are maintained, boarded, bred, trained, or cared for
in return for remuneration or kept for the purposes of sale.
LAND STEWARDSHIP ACT - means the Province of Alberta Land
Stewardship Act, S.A. 2009, as amended.
LAND USE FRAMEWORK - means a land use plan for the Upper Athabasca
Watershed as provided by the Land Use Secretariat for the Ministry of Alberta
Environment and Parks.
LANE - means a roadway that is primarily intended to give access to the rear
of Buildings and Parcels.
LIGHT INDUSTRIAL USE" - means a Development where;
(a) raw materials are processed, and/or
(b) semi-finished or finished goods, products or equipment are
manufactured and/or assembled, and/or
(c) materials, goods and equipment normally associated with industrial
or commercial business are cleaned, serviced, repaired, salvaged,
and/or tested, and/or
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(d) materials, goods and equipment are stored and/or transshipped,
and/or
(e) materials, goods and equipment are distributed and/or sold to
institutions and/or industrial and commercial businesses for their
direct use and/or to general retail establishments and/or other retail
establishments for resale to individual customers, and/or
(f) personnel are trained in industrial operations.
Light Industrial Uses must take place entirely within an enclosed Building. In
addition, the Light Industrial Use will be one in which the operations shall
take place such that, in the sole opinion of the Development Authority, they
are not offensive. Light industrial uses include motor vehicle body and paint
shops, but does not include the preparation of food and/or beverages for
direct sale to the public.
Any indoor display, office, technical or administrative support areas or any
retail sale operations shall be accessory and subordinate to the Light
Industrial Use activities identified above. The Floor Area devoted to such
accessory activities shall not exceed a total of thirty-three percent (33%) of
the total Floor Area of the Building or Buildings devoted to the Light Industrial
Use.
LIVE/WORK - means a Parcel that is designed to feature both a principal
residence and a commercial Use or Building where the residents on the Parcel
are related to the operators of the business on the same property.
LIVESTOCK - means cattle, swine, poultry, sheep, horses, fish, game, fur
bearing animals and similar animals.
LOADING SPACE - means an off-Street space on the same Parcel as a
Building or group of Buildings, for the temporary Parking of a commercial
vehicle while commodities are being loaded or unloaded.
LOCAL ROAD AUTHORITY - means the Town of Mayerthorpe.
LOT - means a Parcel of land, the boundaries of which are separately
described in a certificate of title, which may or may not be shown on a
registered Plan of Subdivision. Lot may also be used to refer to a "Unit"
within a Bare Land Condominium as defined in the Condominium Property
Act.
MAIN BUILDING - in a residential Parcel means a Building containing one
or more Dwelling Units, but does not include any Accessory Buildings.
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MANSE - means a residence attached or located on the same Parcel as a
Place of Worship. A Manse shall not be considered an Accessory Use in any
land use District.
MANUFACTURING SERVICES - means the making, fabricating or
processing of raw materials into a finished product on a large scale.
MEDICAL SERVICES - means services provided to humans may include, but
not necessarily be limited to in-patient and out-patient care and counseling
offices.
MINI STORAGE - means a Development that provides walk-in sized cubicles
for public rent or ownership in the form of a Condominium, for the storage
of goods.
MINISTER'S LAND USE POLICIES - means policies adopted by the
Minister of Municipal Affairs pursuant to the MGA.
MINOR - means where added as a prefix to a permitted or Discretionary
Use, a Use which due to its nature or relatively small size will, at the
discretion of the Council, have a limited impact on surrounding uses, or which
is intended to serve a small or local rather than a major or municipal area.
MIXED USE - means allowing more than one type of Use in a Building or
set of Buildings and may include one or more of the following uses:
residential, commercial, office or institutional.
MODULAR CONSTRUCTION - means a method of constructing whereby
most of the parts of a Building have been constructed in an off-site
manufacturing facility and transported to a Parcel where the parts are
assembled and anchored to a permanent Foundation.
MOVING OR CARTAGE - means a commercial Use or Building that involves
the movement of goods on large vehicles vehicle oriented marshalling
yards.
MUNICIPAL DEVELOPMENT PLAN - means a plan adopted by Bylaw as
a Municipal Development Plan pursuant to Section 632 of the MGA. May be
referred to as an "MDP".
MUNICIPAL GOVERNMENT ACT - means the Province of Alberta
Municipal Government Act, R.S.A. 2000, as amended. May be referred to
as "the MGA" or "MGA".
MUNICIPALITY means the Town of Mayerthorpe.
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NEW CONSTRUCTION - means construction that takes place on-site or in
the case of a Building that is re-located from another location, a Building
that has is in good repair and condition and has never been used for the
intended purpose.
NON-CONFORMING BUILDING - means a Building:
a) that is lawfully constructed or lawfully under construction at the date
a Land Use Bylaw or any amendment thereof affecting the Building or
land on which the Building is situated becomes effective; and
b) that may operate in conjunction with another approved Use, or
c) 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:
a) being made of land or a Building or intended to be made of a Building
lawfully under construction, at the date of the Land Use Bylaw or any
amendment thereof affecting the land or Building becomes effective,
and
b) that on the date the Land Use Bylaw or any amendment thereof
becomes effective does not, or in the case of a Building under
construction, will not comply with the Land Use Bylaw.
OFF-STREET PARKING - means an off-Street facility for the Parking of
vehicles to accommodate the Use on that Parcel.
ON-SITE SEWAGE COLLECTION AND DISPOSAL SYSTEM - means a
sewage collection and disposal system constructed in accordance with the
Province of Alberta Safety Codes Act, and its regulations.
ON-SITE WATER SUPPLY SYSTEM - means a potable water source other
than that provided by Town's municipal water service.
ON-STREET PARKING - means Parking accommodated on a public
roadway within the Town to accommodate Parking demands from an
approved Use within the municipality.
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OUTDOOR SALES AND SERVICE - means the use of larger tracts of land
or Parcel for the sale and servicing of large equipment or vehicles. This Use
will typically include farm and industrial equipment sales and service.
PARCEL - means:
a) the aggregate of the one or more areas of land described in the
certificate of title or described in a certificate of title by reference to a
plan filed or registered in a land titles office, or
b) a Bare Land Condominium Unit created under a Condominium Plan.
PARCEL AREA - means the total area of a Parcel.
PARCEL COVERAGE - means the cumulative Building Coverage of all
Buildings and improvements on a Parcel excepting sidewalks and driveways.
PARCEL DEPTH - means the length of a line joining the mid-points of the
front property line and the rear property line.
PARCEL WIDTH - means the distance between the side property lines of a
Parcel measured at a right angle to the mid-point of the shortest side
property line.
PARK - means an active or passive recreation area together with any
Accessory Buildings or uses complimentary to the said recreational purpose.
Though usually under public ownership, a Park may be privately owned and
operated upon approval from the Town.
PARK MODEL HOME - means a Recreational Vehicle designed to be
transportable and primarily designed for long-term or permanent placement
at a destination where an RV is allowed. When set up, Park Models are
connected to the utilities necessary to operate home style fixtures and
appliances. Park Models are further defined by the Canadian Standards
Association.
PARKING FACILITY - means the area or Structure set aside for the
storage and Parking of vehicles and includes Parking stalls, Loading Spaces,
aisles, entrances and exits to the area, and traffic islands where they are
part of the Parking facility. A Parking facility may be part an approval of
Parking services.
PARKING SERVICES - means the provision of Parking services on a not-
for-profit or for-profit purpose and that may provide Parking opportunities
for more than one business or residence on the same or nearby Parcel. An
approval for Parking services includes the Development of a Parking facility
as defined in this Bylaw.
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PARKING STALL - means a space set aside for the Parking of a vehicle.
PATIO - means an uncovered horizontal Structure with a surface height, at
any point; no greater than 0.60 metres above Grade, intended for Use as
an outdoor Amenity Area.
PERMITTED USE - means a Use of land or Building that is listed as such
Use in a land use district.
PERMITTED USE - CONFORMANT - means a development permit
application for a Permitted Use in a Building or on a Parcel where the
proposed Development conforms to all applicable requirements and rules of
this Bylaw.
PERMITTED USE - VARIANCE REQUIRED - means a development permit
application for a Permitted Use in a Building or on a Parcel and the proposed
Development does not conform to one or more of the applicable
requirements and rules of this Bylaw.
PERSONAL SERVICES - means the provision of services related to the care
and appearance of the body or the cleaning and repair of personal effects
and may include services such as: barber shops, beauty salons, tailors,
cobblers, or dry cleaning. Personal services are not Medical Services.
PETROLEUM FACILITY - means a Parcel that is primarily used for the
storage and sale of petroleum products in larger quantities than in a
standard Service Station or Gas Bar.
PICK UP & DROP OFF STALL - means a motor vehicle Parking stall
intended only for a motor vehicle to stop while picking up or dropping off
passengers. These stalls are usually included as part of a Loading Space.
PLACE OF WORSHIP - means Development owned by a religious
organization used for worship and related religious, philanthropic, or social
activities including rectories, Manses, classrooms, dormitories, and
Accessory Buildings. Typical uses include churches, chapels, mosques,
temples, synagogues, parish halls, convents, and monasteries.
PLAN OF SUBDIVISION - means a Plan of Subdivision registered or
approved for registration at the Northern Alberta Land Titles Office (Alberta
Registries).
POP-UP RETAIL - means use of retail commercial space for temporary or
seasonal business.
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PORTABLE BUILDING - means a canvas or tarp shed or movable Garage
comprised of a metal frame with the tarp or canvas stretched over it, and
is designed to be used to shelter Chattels from the outdoor weather.
Portable Buildings are Accessory Buildings under this Bylaw.
PRINCIPAL BUILDING - means a Building which:
a) occupies the major or central portion of a Site;
b) is the chief or main Building among one or more Buildings on the Site;
or
c) constitutes by reason of its Use the primary purpose for which the
Site is used.
There shall be no more than one Principal Building on each Site unless
otherwise permitted in this Bylaw.
In a Mixed-Use Site where more than one Building could be regarded as
a "Principal Building", the Building that is more consistent with the
objectives of the subject land use district shall be considered the Principal
Building.
PRINCIPAL USE - means the primary purpose in the opinion of the
Development Authority for which a Building or Site is used. There shall be
no more than one Principal Use on each Site unless specifically permitted in
this Bylaw.
In a Mixed-Use Site where more than one Use could be regarded as a
"Principal Use", the Use that is more consistent with the objectives of the
subject land use district shall be considered the Principal Use.
PRIVATE CLUB OR LODGE - means a Development used for a meeting,
social or recreational activity of members of not-for-profit, philanthropic,
social service, athletic, business or fraternal organizations, and does not
include an on-site residence.
PRIVATE CONDOMINIUM ROADWAY - means an area of land that
provides access to a Parcel and is contained within a Condominium Plan.
PROFESSIONAL SERVICES - means Development for the provision of
professional management, administrative, consulting and financial services
such as legal, accounting, surveying, engineering, banks, government, or
similar services.
PROVINCIAL ROAD AUTHORITY - means Alberta Transportation.
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PUBLIC USE - means a Development which is publicly owned, supported,
or subsidized involving public assembly or Use. Public uses typically may
include the following and similar uses as Parks, libraries, arenas, museums,
art galleries, hospitals, cemeteries, tennis courts, swimming pools and other
indoor and outdoor recreational activities.
PUBLIC UTILITY - means the right-of-way for one or more of the
following: telecommunications systems, water works systems, irrigation
systems, systems for the distribution of gas, whether natural or artificial,
systems for the distribution of artificial light or electric power, heating
systems, or sewage systems and any Buildings incidental to these services,
but not including an office as defined under "Public Utility Building".
PUBLIC UTILITY BUILDING - means a Building to house a Public Utility,
offices, or service equipment necessary for public services.
QUASI-PUBLIC USE - means a Development which is used for the
meeting, social or recreational activities of its members, which may or may
not include the public. Typical quasi-public uses include commercial
schools, indoor and outdoor recreational facilities, hospitals, lodges or clubs,
cemeteries, galleries, museums, and libraries plus any Use which may be
described as an eating and drinking establishment, when designed in
conjunction with the above uses.
REAL PROPERTY REPORT - means a report prepared by a Member of the
Alberta Surveyor's Association that contains pertinent information on a
Parcel of land and the physical Development that exists on the subject
Parcel.
REAR YARD SETBACK - means the Setback from the subject Building or
Use to the rear property line, extending across the full width of the Parcel.
RECREATIONAL VEHICLE - means a vehicle that provides temporary
accommodation for recreational or travel purposes and includes, but is not
limited to fifth wheel trailers, motor homes, Park model homes, tent trailers,
etc.
REDEVELOPMENT - means replacement, remodelling, or adaptive reuse
of existing structures or lands to accommodate new Development.
REGISTERED OWNER - means:
a) 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 any assignee of the purchaser's interest
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that is the subject of a caveat registered against the Certificate of
Title, or
b) in the absence of a person described in paragraph (a), the person
registered under the Land Titles Act as the owner of the fee simple
estate in the land.
RESTAURANT SERVICES - means a Development that prepares and
serves food and drink for consumption on and/or off-site. Restaurant
Services includes cafes, tea rooms, licensed restaurants and take out
restaurants. On larger Parcels Restaurant Services, may include catering
services, dancing, or theatre. Restaurant Services does not include Drive
Through services.
RETAIL SERVICES - means the retail sale of groceries, household goods,
clothing, jewelry, furniture, appliances, apparel, hardware, printed matter,
photography, postal services, gifts and souvenirs, office equipment and
similar goods. Retail Services does not include liquor sales.
RETAINING WALL - means a Structure constructed to withstand lateral
pressure in order to hold back earth, loose rock, or similar materials.
SALVAGE YARD - means a Parcel where vehicles and other equipment is
stored, dismantled, sold for parts, or crushed for recycling.
SCHOOL - means a facility through which an education program is offered
to a student by:
o Public: A universally accessible and publicly funded School operated
by a School Board overseen by the Province of Alberta,
o Separate: A universally accessible and publicly funded School
operated by a School Board overseen by the Province of Alberta with a
Roman Catholic or Protestant faith component as part of the curriculum
and/or admission requirement,
o Private: A School established under the School Act that requires tuition
for enrolment,
o Charter: A public School that is operated on a not for profit basis and
offers an innovative or enhanced program under the School Act,
o Early Childhood: A School that offers an early childhood program
authorized under the provisions of the School Act.
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SCREEN, SCREENED & SCREENING - means a visual or sound barrier to
separate one Building or Use from another, usually on an adjoining Parcel.
SECONDARY SUITE - means a self-contained Dwelling that is located
within a primary Dwelling and in compliance with Alberta Building Code
requirements.
SENIOR'S RESIDENCE - means a residence other than an independent
adult residence or Supportive Living residence as defined in this Bylaw, for
the housing of senior citizens. A Senior's Residence may include some Minor
out-patient Medical Services.
SERVICE STATION - means a Development that includes a Gas Bar and
service area for repairs of vehicles; and may include a Car Wash and
Convenience Services;
SETBACK - means the distance that a Development, or a specified portion
of it, must be Setback from a property line. The Setback shall be measured
from the Building Foundation to front, rear, or side property lines.
SHIPPING CONTAINER (sea-cans) - means a standardized, reusable
container that is or appears to be originally designed for or used in the
packaging, shipping, movement or transportation of freight or commodities,
or designed for or capable of being mounted on a chassis or bogie for
movement by truck trailer or loaded on a ship. Intermodal containers made
of corrugated metal and any Shipping Container used for storage is included
in this definition.
SHOPPING CENTRE - means a group of commercial establishments that
are planned or managed as a unit and provide a wide variety of goods and
professional, retail and Personal Services.
SHOW HOME AND SALES OFFICE - means a home that serves to
advertise a home builder product and provides an office to conduct the sale
of property and homes within the neighbourhood.
SIGN - means an object or device intended for the purpose of advertising
or calling attention to any person, matter, or event.
SIGN OWNER - means any person who is described on a Sign; whose
name, address or telephone number appears on a Sign; who is in control
of a Sign; or who is the subject of or intended to benefit from a Sign.
There may be more than one Sign owner of a Sign.
SHOW HOME - means a permanent Dwelling which is constructed for the
temporary purpose of illustrating to the public the type or Character of a
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Dwelling or Dwellings to be constructed in other parts of a Subdivision or
Development area. Show Homes may contain offices for the sale of other
Lots or Dwellings in the area;
SITE - means one or more Lots or Parcels for which an application for a
Development Permit or Subdivision approval is made.
SITE TRIANGLE - means that triangle formed by a straight line drawn
between two points on the exterior boundaries of a Parcel to a specific
distance from the point where they intersect. The specified distance in a
Laneway intersection is 3.05 m (10 ft.) while the distance for other roads is
6.1 m. (20 ft.).
SOLAR COLLECTOR - means any device used to collect sunlight that is
part of a system used to convert radiant energy from the sun into thermal
(solar-thermal) or electrical (solar-voltaic) energy.
SPLIT LEVEL - means a Dwelling that has three separate or more living
areas, each separated from the next by one half-Storey, not including the
Basement.
STATUTORY PLAN - means a land use plan such as an Area Structure Plan,
Area Redevelopment Plan, MDP or Inter-Municipal Development Plan
adopted pursuant to Part 17 of the MGA.
STOREY means the habitable space between the upper face of one floor
and the next above it. The upper limit of
the top Storey shall be the ceiling above the
topmost floor. A Basement or cellar shall
be considered a Storey in calculating the
height of a Building if the upper face of the
floor above it is more than 6.0 ft. (1.83 m)
above Grade.
STREET - means:
a) any public road, including boulevards, sidewalks, and
improvements, but excluding a Lane, bridge, or walkway; or
b) a private Condominium roadway; or
c) the internal roadway within a residential Park community.
STRUCTURE - means a Building as defined in this Bylaw.
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SUBDIVISION AUTHORITY - means a person or body appointed as a
Subdivision Authority in accordance with the MGA.
SUBDIVISION & DEVELOPMENT APPEAL BOARD - means the Town of
Mayerthorpe Subdivision and Development Appeal Board, established by
Bylaw.
SUBDIVISION - means the process of dividing and combining Parcels of
land pursuant to Part 17 of the MGA.
SUPPORTIVE LIVING - means Buildings or units in Buildings that are
intended for permanent residential living where an operator also provides
or arranges for services in order to assist residents to live as independently
as possible.
SURVEILLANCE SUITE - means a single residential unit forming part of a
Development and used solely to accommodate a person or persons related
as a family whose official function is to provide surveillance for the
maintenance and safety of the Development or business.
SWIM POOLS OR HOT TUBS - means a Swimming Pool or Hot Tub that
is used for recreational purposes.
SCHOOL AUTHORITY - means the Northern Gateway Public Schools.
SIDE YARD SETBACK - means the Setback from the subject Building or
Use to the side property line, extending from the Front Yard to the Rear
Yard Setback line.
SUBDIVISION - means the consolidation, separation, or creation of
Parcels/Lots pursuant to Part 17 of the MGA.
TECHNICAL AMENDMENT - means an amendment that does not
materially affect a Bylaw in principle or substance as provided for in Section
693(6) of the MGA.
TEMPORARY BUILDING - means a Structure which is permitted to exist
for a specific and limited time.
TRAVEL INFORMATION CENTRE - means a Building and Use devoted to
the advertising of tourism, cultural and business services available within
the Town and surrounding area. A Travel Information Centre may include
a retail service that is focused on travel related souvenirs.
UNIT - means a Dwelling or a property as defined under the Condominium
Property Act.
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USE - means a permitted, prohibited or Discretionary Use.
EXPLANATION NOTE: Use definitions may not be
amended by the Development Authority, Council, or an
appeal body without an amendment to this Bylaw.
UTILITY BUILDING - means a Building in which the proprietor of a utility
company maintains his office or offices and/or maintains or houses any
equipment used in connection with the utility.
VETERINARY CLINIC - means a medical facility that is designed to offer
in-patient and out-patient services to pets and Livestock. A kennel or
animal holding pen is a separate Use from a Veterinary Clinic. Where the
clinic includes Livestock facilities, the Use "Animal Care Facility - Large
Animal" shall be included in the list of uses within the respective land use
district.
VISITOR PARKING STALL - means a vehicle Parking stall intended only
for the use of visitors to Dwelling Units and Live/ Work Units.
WALK OUT BASEMENT - means a Basement in a Building which has a door
that exits directly from the Basement to the exterior at Grade that is
substantially at the same level as the Basement floor.
WAREHOUSE SALES - means a large Building used for storage and
distribution of raw materials, processed or manufactured goods, and
establishments providing services for those purposes.
WINDMILL - means a machine that converts wind energy into rotational
energy by means of vanes called sails or blades.
YARD - FRONT - means that portion of the Parcel extending across the full
width of the Parcel from the front property line of the Parcel to the front wall
of the Principal Building.
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YARD - means a required
open space unoccupied and
unobstructed
by
any
Structure or portion of a
Structure above the general
ground level of the Graded
Lot,
unless
otherwise
permitted by this Bylaw.
YARD - REAR means that
portion of the yard extending
across the full width of the
Parcel from the rear property
line of the Parcel to the
exterior wall of the Principal
Building.
YARD - SETBACK - means a required open space unoccupied and
unobstructed by any Structure or Use above the general ground level of the
Graded Parcel, unless otherwise permitted in this Bylaw. On irregular shaped
Lots the Setback may be calculated as an average of the Setback throughout
the yard.
YARD - SIDE means that portion of the Parcel extending from the Front
Yard to the Rear Yard and lying between the side property boundary of the
Parcel to the exterior wall of the Building.
ZERO LOT LINE means a Lot line where the property line Setback is reduced
to 0.0 metres.
ZONE OF INFLUENCE means the sub-surface ground (approximately a
maximum of 3.0 m. (9.8 ft.) from the well shaft on a geo-exchange well)
from which heat is extracted by a geo-exchange well.
EXPLANATION NOTE: Use definitions may not be varied
by the Development Authority or the Subdivision and
Development Appeal Board.
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PART 5: DEVELOPMENT PERMIT
PROCEDURES
SECTION 23: SAME OR SIMILAR USES
1) The uses which are listed in the Permitted and Discretionary Use columns under
the land use districts are not intended to be exclusive or restrictive. Where a
specific land use does not conform to the wording of any definition, the
Development Authority may, at its discretion, determine that the Use conforms
to the spirit and intent of the purpose of the land use district and is determined
to be similar to other uses in that land use district.
2) Notwithstanding the above, all uses determined as "same or similar" shall be
considered discretionary.
3) Same or similar provisions may not be used in any District where the proposed
Use is clearly defined and an allowable Use in a different land use district.
4) Uses or Buildings that have special provisions in this Bylaw that prohibit the
said Use being eligible for a "same or similar Use" application are not applicable
under this Section.
SECTION 24: DEVELOPMENT NOT REQUIRING A PERMIT
1) Except as provided in subsection (2) no person shall commence any
Development unless he has been issued a Development Permit in respect
thereof.
2) A Development Permit is not required for the following Development provided
that the proposed Development conforms to all provisions of this Bylaw and
any other relevant land use related Bylaw adopted by the Town:
a)
the maintenance or repair of any Building if the work does not include
structural alterations, or the enlargement of a Structure; or
b)
the completion of a Development which was under construction in
accordance with a lawful Development Permit issued at the effective
date of this Bylaw provided that the Development is completed within
the time limit of such a permit; or
EXPLANATION NOTE: As an example, same or similar
Use cannot be used for a post office in one land use district
if post office is a specific Use in another land use district.
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c)
the completion, alteration, maintenance or repair of a Street, Lane, or
utility, undertaken upon a public thorough-fare or utility Easement, or
undertaken to connect the same with any lawful Use of Buildings or land;
or
d)
temporary signs in compliance with the Town's Sign Bylaw, or
e)
landscaping where the proposed Grades will not adversely affect the
subject or adjacent properties, except where landscaping forms part of
a Development and requires a Development Permit; or
f)
the erection or construction of gates, fences, walls, or other means of
enclosure (other than on corner Parcels or where the front and rear
yards are both active roadways) less then 0.61 m (2.0 ft.) in height in
front yards, and less than 1.83m (6 ft.) in side and rear yards, and the
maintenance, improvement and other alterations of any gates, fences,
or walls or other means of enclosure provided height maximums herein
prescribed are not exceeded; or
g)
a temporary Building, the sole purpose of which is incidental to the
erection or alteration of a Building or Development, for which a permit
has been issued under this Bylaw, provided that the temporary Building
shall be removed within one (1) year of the commencement of
construction or upon completion of the Building or Development where
it is completed in a period of less than one (1) year; or
h)
the construction of sidewalks and driveways provided that such
sidewalks and driveways shall be located in a manner where they do not
constitute a traffic hazard and shall be maintained in a clean, tidy, and
safe condition; or
i) hard-surfacing of any yard area upon a residential Parcel to provide
vehicular access from a public roadway to an on-Parcel Parking stall
provided that such hard surfacing does not exceed 7.5m in width and
does not direct surface drainage onto Adjacent Lands;
j) the construction of a Accessory Building less than 11.1 m2 (120 ft2) in
area, 2.5 metres (8.2 ft.) in height, or a Patio less than 14.86 m2 (160
ft2), provided that the side and rear setbacks are maintained and the
value is less than $5,000; or
k) in all land use districts, television or communication aerials, masts, or
towers, where such things are freestanding, attached to or placed on a
Building, provided that the Structure does not exceed the maximum
height of 12.2 m (40 ft.) nor does it encroach onto any adjacent property
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or roadway, is not located within the Front Yard Setback, no variance of
any provision or regulation applicable thereto in this Bylaw is requested
or required; or
l) Above ground swimming pools that have a volume less than that which
requires a permit under the Safety Codes Act. Currently (2016) a pool
with a design depth in excess of 600mm (24"); or
m) Home schooling of a student within the Dwelling occupied by the said
student; or
n) Flag poles within any yard provided a minimum 1.0 metre (3.3 ft.)
Setback from the property line is maintained, the height of the pole is no
greater than 6.0 metres (19.7 ft.) and the Structure is not located within
a sight triangle or a vehicular access or driveway; or
o) Personal use playground equipment, landscaping features, sand boxes,
bird houses, etc. in an Amenity Area; or
p) Official municipal and provincial notices; or
q) Temporary Signs in accordance with Town of Mayerthorpe Community
Standards Bylaw No. 1051.
r) The demolition of a Accessory Building less than 11.1 m2 (120 ft2) in
area.
s) Home based businesses that have no non-resident employees, no
signage, client visitations and is otherwise indistinguishable from the
principal residential Use.
t) Decks less than 0.6 metres above grade, provided the site is properly
drained. Decks less than 0.6 metres above grade may encroach into the
rear and side yard setback to the rear of the building.
u) Home Grown Cannabis in compliance with Section 89 of this Bylaw.
(Bylaw 1094).
SECTION 25: MAKING AN APPLICATION
1)
An application for Development shall be submitted to the Development
Officer on the applicable form(s) with the required fee as posted by the
Town.
2)
The application shall:
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a) be signed by the Registered Owner or agent where a person other
than the owner is authorized by the owner to make the application.
i. The Development Officer may require a statutory declaration to
verify land ownership;
ii. In the case where there are multiple landowners not under a
joint tenancy each landowner must provide written consent to
the proposed Development; or
iii. Where the subject property is within a Condominium Plan,
written authorization from the Condominium Association/Board
is required;
b) state the proposed Use or occupancy of all the land and Buildings, and
such other information as may be required by the Development
Officer; and
3) A site plan shall be provided as part of the application. The site plan shall
be provided at a scale satisfactory to the Development Officer in letter sized
format. The Development Officer may require the site plan to include the
following:
a) a dimensioned outline of the subject property, adjoining roadways, and
Lanes;
b) outline of existing and proposed Building including roof overhangs,
distance of the Foundation and roof overhangs to the nearest property
line;
c) north point;
d) legal description and municipal address of the property;
e) Grades of adjoining streets, Lanes and sewers servicing the property;
f) the lowest finished floor elevation in either the Basement or main floor
in the principal and Accessory Buildings where applicable;
g) storm drainage, landscaping, and grading plan;
h) description of landscaped and Amenity Area(s); and
i) any other pertinent information or test as required by the Development
Officer.
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4) At the discretion of the Development Officer; a letter from the registered
landowner authorizing right of entry to lands or Buildings as required for
investigation of the proposed Development.
SECTION 26: PRELIMINARY NOTIFICATION
1)
Prior to consideration of a development permit application, the Development
Officer may require at the Developer's cost:
a) notification of the proposed Development to be prominently posted
on the subject property;
b) a similar notice to be published once in the Mayerthorpe Freelancer;
and
c) a similar notice to be sent through mail or an approved electronic
means to all assessed property owners within 60 metres (196.9 ft.)
of the subject property.
2)
Notifications in (1) above shall be no less than seven (7) days prior to
consideration of the proposal.
SECTION 27: DEVELOPER CONSULTATION
1)
As part of the review process for a Development or Subdivision application,
application to amend this Bylaw or a Statutory Plan, the Town may require
the applicant:
a) to consult with adjoining landowners/residents/occupants, applicable
agencies, and government departments on the merits of the
application;
b) the form of consultation shall be approved by the applicable authority,
but may include electronic communication, open houses, door to door
visitations or other appropriate forms;
2)
At the conclusion of the consultation, the applicant shall provide the
approving authority with a summary report that includes:
a) The person(s) contacted;
b) A list of issues, concerns, or recommendations; and
c) A response to (b) including any revisions or additions to the proposal
that should be considered.
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SECTION 28: PERMITTED USE - CONFORMANT
1) The Development Officer shall approve a development permit application and
issue the Development Permit where the proposed Use or Building is
determined to be a Permitted Use - Conformant.
2) The Development Officer may, as a condition or issuing a Development
Permit for a Permitted Use - Conformant, require the applicant to construct
or pay for the construction of the following that are necessary to serve the
Development:
a) public utilities, other than telecommunication systems or works, and
b) vehicular and pedestrian access.
3) The Development Officer may, as a condition or issuing a Development
Permit for a Permitted Use - Conformant, impose conditions in respect of
the following matters:
a) an environmental assessment, pursuant to the requirements of
Section 3.17 of the MDP;
b) a phasing plan for the Development;
c) a drainage plan to direct surface drainage off the subject property and
into an approved receiving area;
d) compliance with other municipal Bylaws and regulations; and
e) Development of identified landscaping and Amenity Areas.
4) The Development Officer may, as a condition of issuing a Development
Permit for a Permitted Use - Conformant, require the applicant to enter into
an agreement with the Town pursuant to Section 650 and 651 of the MGA.
5) The Development Officer may, as a condition of issuing a Development
Permit for a Permitted Use - Conformant, require the applicant to:
a) compensate the Town for third party costs for planning, engineering
and legal services required to process and administer the application
and approval;
b) comply with Town requirements for Street addressing or site grading;
or
c) compensate the Town for damage done to municipal property or
improvements during construction.
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6) The Development Officer may require that certain conditions be satisfied
prior to commencement of the proposed Development.
SECTION 29: DISCRETIONARY AND VARIANCE PERMITS
1)
The Development Officer may, where the proposed Use or Building is
determined to be a Permitted Use - Variance Required or Discretionary Use:
a) deny the development permit application; or
b) approve the development permit application, with or without
conditions; or
c) grant a relaxation of the requirement or rule to which the proposed
Use does not conform.
2)
The Development Officer shall consider the following when deciding a
development permit application for a Discretionary Use or Building:
a) any plans and policies affecting the Parcel;
b) the purpose statements in the applicable land use district;
c) the suitability and appropriateness of the location and Parcel for
the proposed Development;
d) the compatibility and impact of the proposed Development with
respect to adjoining Development and the surrounding
neighbourhood;
e) the merits of the proposed Development;
f) municipal servicing requirements;
g) access, vehicle, and pedestrian circulation within the Parcel;
and
h) sound planning principles.
3)
Consideration of a development permit application under Section 29(1)
above is subject to the following criteria and considerations:
a) the proposed Development would not unduly interfere with the
amenities of the neighbourhood or materially interfere with or affect
the use, enjoyment, or value of neighbouring properties;
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b) the purpose of the land use district;
c) compatibility of the proposed Development with existing Development
or uses; and
d) sound land use planning principles.
4) The Development Officer may require fulfillment of specific conditions of
approval prior to commencement of Development.
5)
The notice of decision for a Permitted Use - Variance Required or
Discretionary Use shall be given to the applicant in writing. Where the
decision is a refusal it shall include reasons for the refusal.
6)
The Development Officer may, as a condition of issuing a Development
Permit for a Discretionary Use, impose conditions in respect of the following
matters:
a) actions to be performed or carried out prior to the commencement of
the Development;
b) construction or maintenance of the proposed Development in
accordance with the submitted and approved plans;
c) the appropriate performance of a Use;
d) an environmental site assessment;
e) the time or times a Use may be carried out;
f) phasing of the proposed Use;
g) limits imposed on the Development;
h) construction of or payment for public utilities, other than
telecommunications systems or works, and vehicular and pedestrian
access that are necessary to serve the Development; and
i) the implementation of sound planning principles.
SECTION 30: VARIANCE DECISIONS
1)
Subject to (2) below, the Development Officer shall consider and decide all
applications that request variance to this Bylaw.
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2)
The Development Officer may refer any application for development permit
approval or any other matter within the mandate of the Development
Authority to the Municipal Planning Commission for decision.
3) Within a Direct Control District, the Development Officer shall decide those
permit applications where the authority has been specifically delegated from
Council to the Development Officer.
SECTION 31: DIRECT CONTROL APPLICATIONS
1) Upon receipt of a completed application for a Development Permit pursuant to
a Direct Control District, Council may, prior to making a decision, refer the
application to the Development Officer, any municipal department or external
agency for comment.
2) At some point as determined by Council, prior to deciding upon the
development permit application before it, Council may provide public notice
through means and to whom it considers necessary, that a decision on a
Development Permit pursuant to a Direct Control District is to be made and
that Council may afford an opportunity to any interested person to make
representation on the application and shall take into account any such
representations made when giving final consideration to the said application.
3) Council may approve, with or without conditions, or refuse the application,
giving reasons for the refusal.
SECTION 32: REFERRAL REQUIREMENTS
1) The Development Officer may refer any development permit application or
notice of decision to a government agency or a third-party organization for
review and comment prior to determining the application and issuing a notice
of decision. In particular, referrals may include, but not be limited to:
a) The Provincial Road Authority, for any Development or sign permit
application that is on land adjoining to Highway No. 43 or Highway No.
22;
b) A Safety Codes provider with respect to any permit that requires a safety
codes permit in order to comply with possible conditions of development
permit approval;
c) Alberta Health where the development permit application may require
consultation to ensure that all land use issues related to health are
addressed;
d) Alberta Environment where the development permit application includes
issues related to site drainage, groundwater use, impacts on flood plain
lands, etc.;
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e) Lac Ste. Anne County where the land subject to the development permit
application requires access from a roadway where Lac Ste. Anne County
is the Local Road Authority; or
f) Lac Ste. Anne County where the proposed Development could, in the
opinion of the Development Officer, adversely impact existing
Development on lands adjoining the corporate limits of the Town.
SECTION 33: NOTIFICATION REQUIREMENTS
1) After deciding a development permit application for a Permitted Use with
variance or a Discretionary Use the Development Officer shall:
a) provide the applicant with the written decision, and
b) include written reasons for refusal of the development permit
application where the said application has been refused.
2) Approvals of permits other than Permitted Use-Conformant Buildings or uses
shall be posted on the subject Parcel or published in the Mayerthorpe
Freelancer newspaper. The posting/advertisement shall include:
a) the location and proposed Use of the Building or Parcel,
b) the date a decision on the development permit application was
made,
c) that an appeal may be made by a person affected by the decision
by serving written notice of the intent to appeal to the Subdivision
and Development Appeal Board within (14) days after the date the
notice of decision was made.
3) The Town may use electronic notification such as posting decisions on the
municipal web-page or Facebook page.
4) The Development Authority may electronically communicate decisions on
Development Permits with the applicant and/or other person(s) where an
agreement for electronic communication has been established.
5) Where a notice of decision for a development permit application is provided
through written notice, the appeal deadline shall be fourteen (14) days from
EXPLANATION NOTE: The date of mailing of the notice
or the date of publication in the newspaper don't count
towards the 14 days! For mailing, an additional week is
required for out of province mailings.
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the date of issuance of the notice plus an additional seven (7) days2 for a
total of (21) days where the notice was delivered through the postal system
to an Alberta address.
6) The Development Authority may provide written notice of any application or
decision for development approval to additional landowners within a specified
distance of the subject Parcel.
7) There is no right of appeal to a Development Permit to a Permitted Use -
Conformant, except where provisions of this Bylaw may have been relaxed,
varied or misinterpreted.
SECTION 34: PERMIT EXPIRY
1) The Development Officer may impose a time limit on a Development Permit
where the proposed Use or Building is intended to be active on a temporary
basis or is dependent on other uses or Buildings that have time limits imposed
on them.
2) The expiry date shall be clearly marked on the Notice of Decision.
SECTION 35: EFFECTIVE DATE
1) The effective date on an approved Development Permit is date following the
expiry of the appeal period if not otherwise marked on the Notice of Decision.
2) Any Development carried out prior to the effective date of the appropriate
Development Permit is done solely at the risk of the applicant.
3) A Development Permit remains in effect until:
a) the date of its expiry,
b) it's suspended or cancelled by the Development Officer, or
c) it has lapsed due to failure to commence Development as required on
the notice of decision.
SECTION 36: PERMIT TRANSFERABILITY
1) Permits are generally determined to "run with the land". Change of ownership
of the Parcel will not impact a Development Permit except where the notice of
decision for uses or Buildings that may include, but not necessarily be limited
to:
a) Home based business, or
2 Section 22 and 23, Alberta Interpretation Act, R.S.A. 2000.
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b) Content of a Sign where the general advertising purpose of the Sign
changes in a significant manner.
SECTION 37: COMPLETENESS & DEEMED REFUSALS
1) A development permit application is determined to be complete twenty days
following receipt of the application, unless the date is extended through
agreement between the applicant and the Development Officer.
2) Once determined to be in complete form, an application for a Development
Permit may be deemed to be refused by the applicant should a decision not
be made within (40) days unless an extension to that time period has been
agreed to by the applicant and the Development Officer.
3) A consented to e-mail address, written letter or facsimile may be used by the
Development Officer to communicate the status of an application for
Development approval.
SECTION 38: SUBSEQUENT APPLICATIONS
1) If a development permit application has been refused by the Development
Officer or on an appeal to the Subdivision and Development Appeal Board; the
Development Officer may decide to not accept another application for a same
or similar Use on the same Lot for six (6) months from the date of refusal.
SECTION 39: MANDATORY REFUSALS
1) The Development Officer shall refuse a development permit application when
the proposed Development:
a) is neither a permitted or Discretionary Use or Building in the
applicable land use district;
b) does not qualify as a same or similar Use;
c) is for a Use containing a restriction in its definition that is not met by
the proposed Use; or
d) cannot be adequately serviced by current infrastructure or fulfillment
of conditions were a Development Permit to be issued.
SECTION 40: NON-CONFORMING BUILDINGS & USES
1) Non-conforming Buildings and uses are generally regulated in accordance with
Section 643 of the MGA.
2) Notwithstanding the above, pursuant to Section 643(5)(c) of the MGA, the
following improvements may be made to a Non-Conforming Building within
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the Town on a discretionary basis, subject to the approval of the Development
Officer and conformance to this Bylaw:
a) additions to Buildings, provided they don't increase the Floor Area of
a Building by more than 10%;
b) new exterior openings to a Building;
c) replacement of a maximum of 10% of the structural elements in a
Building; or
d) replacement or repair of existing structural elements that serve the
purpose of providing occupant safety or security of the Building.
3) All Development approved under this Section shall not increase a variance
to a property line Setback or encroachment.
SECTION 41: SUSPENSION OR CANCELLATION OF
DEVELOPMENT PERMITS
1) If, after a Development Permit has been issued, the Development Officer
becomes aware that:
a) the
application
for
the
Development
Permit
contains
a
misrepresentation,
b) facts concerning the application or the Development were not
disclosed which should have been disclosed at the time the
application was considered, or
c) the Development Permit was issued in error.
the Development Officer may suspend or cancel the notice of decision
or the Development Permit by notice, in writing, to the holder of the
permit, or
d) The applicant may request that a permit be suspended through
written notice provided that the commencement of the Use or
Development or construction has not occurred.
EXPLANATION NOTES: In a residential setting, this
section of the Bylaw may be applied for repair of roofs,
siding, Foundations, steps, Decks; or structural additions
such as Carports, Decks, upgraded windows, or exterior
finishing.
Seasonal uses are often grandfathered by the Courts, even
if they area not operating for six consecutive months.
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2)
If a person fails to comply with a notice under Section 645 of the MGA,
the Development Officer or Council may suspend or cancel any existing
Development Permit by notice, in writing, to the holder of the permit.
3)
A person whose Development Permit is suspended or cancelled under this
Section through written notice may appeal to the Subdivision and
Development Appeal Board.
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PART 6: GENERAL REGULATIONS
SECTION 42: ACCESSORY BUILDINGS
Determining Status of Building:
1)
Where an Accessory Building is attached to the Principal Building on a Parcel
by a roof or an open or enclosed Structure, except Carports, and vehicular
access to the Rear Yard is not obstructed; said Accessory Building is to be
considered part of the principal Building and not an Accessory Building and
shall, therefore, adhere to the Setback requirements for Principal Buildings
as specified in the land use districts.
2)
Residential Accessory Buildings include Garages, Carports, sheds, storage
Buildings, Decks, Patios, or balconies, permanently installed private
swimming pools, hot tubs, and other accessory structures such as portable
Buildings, non-commercial television and radio antennas, flag poles and
satellite dishes.
3)
Commercial and Industrial Accessory Buildings include all Buildings that are
not determined to be the Principal Building or Use on the Parcel, and may
include: Garages, product storage Buildings, materials stockpiles, outdoor
storage, etc.
Standards:
4)
Except where noted in the respective land use district (Residential,
Live/Work or Urban Reserve) or applicable special regulation, Accessory
Buildings shall:
a) be no closer to the fronting Street than the closest portion of the
Principal Building unless varied by the Development Officer due to
existing Building footprints not being able to accommodate full
compliance with this requirement;
b) be no closer to a flanking Street than the closest part of the Principal
Building;
c) be no higher than the height of the main Building or 4.5 metres 14.76
feet), whichever is less;
d) not used as a Dwelling except where conformant with Accessory
(Secondary) Suite provisions (Section 84) of this Bylaw;
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e) not have Garage vehicle doors closer than 6.0 metres (20 feet) from
the facing property line;
f) have no less than a 0.3 metre (1.0 ft.) roof overhang separation from
the facing property line;
g) be no less than 1.0 metres (3.2 ft.) from the rear property line,
h) be no less than 1.2 metres (3.8 ft.) from the side property line within
the rear yard of the lot; and (BYLAW 1080)
i) not be located on top of an Easement or right of way without the
4written consent of the Easement/right of way holder.
SECTION 43: BUILDING DEMOLITION
1)
An application to demolish a Building shall not be approved without a
statement or plan, which indicates:
(a)
how the operation will be carried out so as to create a
minimum of dust or other nuisance, and
(b)
the final reclamation of the Parcel, and
(c)
the manner in which site safety will be maintained,
to the satisfaction of the Development Authority.
SECTION 44: BUILDING HEIGHT
1)
No Building shall be constructed within the Town that exceeds 9.1 metres
(30 feet) above Grade unless it is:
a) serviced with a standpipe and sprinkler system, and
b) is serviced for fire and rescue in a manner satisfactory to the Town,
or
c) the portion of the Building is not normally accessible by persons as
with communication towers, steeples, or facade improvements.
2) No Accessory Building shall exceed the height of the Principal Building on a
Parcel.
3) The height of an Accessory Building shall be in proportion with the principal
and Accessory Buildings on the subject Parcel and adjoining Parcels, and shall
be in keeping with the surrounding neighbourhood.
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4) The height of a Building shall be
measured from the average
Grade of the Parcel.
5) For Development that is to
exceed 10 metres (32.8 ft.)
above
Grade
where
the
adjoining Parcel is districted to a
low density residential district,
the Setback from the common
property line shall be increased
at a rate of 80% of the additional
Building height to a maximum
height of 16 metres (52.4 ft.)
above Grade.
SECTION 45: CHARACTER & APPEARANCE
1) The design, Character and appearance of any Building, or series of Buildings,
Structure or Sign proposed to be erected or located in any district must be
acceptable to the Development Authority having due regard to:
a) amenities such as daylight, sunlight, and privacy,
b) the Character of existing Development in the district, and
c) its effect on adjacent Parcels.
SECTION 46: CIVIC ADDRESS
1) All properties that features a Principal Building shall include a prominently
displayed civic address, as determined by the Town in accordance with
municipal requirements.
2) The Town may require signage at the intersection of the alley and adjoining
Street where the civic address references a Building only accessible through
an alley.
SECTION 47: COMMUNITY ENTRANCE FEATURE
1)
A community entrance feature is a landscape attraction, monument or Sign
displayed on a Parcel that identifies a residential community,
2)
A community entrance feature may be placed on a property where:
a) the owner of the land consents to the placement of the feature on the
property,
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b) the feature is constructed of maintenance free-materials, whenever
possible, and
c) does not encroach upon a right of way or impact traffic safety.
3)
The Town may require the landowner, Condominium Association, or
Landowner Association to enter into an agreement for the maintenance of
the community entrance feature.
4)
A community entrance feature may encroach into the Setback requirements
of a Parcel, subject to (2) above.
SECTION 48: CURB CUTS
1) Curb cuts shall be provided as required by the Town
in a manner that minimizes loss of On-Street Parking
opportunities and for the safe and efficient
movement of pedestrians.
SECTION 49: DEVELOPMENT NEAR PROVINCIAL HIGHWAY
LANDS
1) Development proposals that are adjoining Highway No. 22, 52nd Street or
Highway No. 43, within or adjoining the future Highway No. 43 and Highway
No. 22 interchange area shall be referred to the Provincial Road Authority for
their review and comment.
2) The applicant shall be responsible to obtain any necessary approvals from the
Provincial Road Authority prior to commencement of Development.
SECTION 50: DEVELOPMENT NEAR SLOPES
1) No permanent Buildings may be allowed within 30 m (98 ft.) of the top of bank
of the Little Paddle River or within any slope that exceeds 15%, unless the
proposal is supported by a qualified professional engineer registered in the
Province of Alberta.
2) The Development Authority or Subdivision Authority may require that a
restrictive covenant in favour of the Town that addresses the slope issue be
registered against the certificate of title for the proposed property as a
condition of approval.
3) Where the design of a Building may impact a sloped area, the Little Paddle
River, or its flood plain, the Development Authority may require that the design
for the Building be approved by a professional engineer.
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4) The Development Authority may increase the minimum Setback requirements
described in the applicable Land Use District to address a Building site issue
applicable to this Section.
5) Development near slopes shall conform to Section 3.2 of the MDP.
SECTION 51: DOUBLE FRONTING PARCELS
1) A Parcel abutting two or more streets shall have a Front Yard Setback on each
Street in accordance with the Front Yard requirements of this Bylaw.
2) One flanking yard on a Parcel may be subject to Side Yard Setback
requirements in all land use districts unless a separate flanking Setback is
described in the subject land use district.
3)
No person shall erect, place or maintain
within the Site Triangle a wall, fence, shrub,
trees, hedge, or any object over 0.9 metres
(3.0 ft.) in height above the lowest Street
Grade adjacent to the intersection.
Finished
Grades
within the Site Triangle shall not exceed
the general elevation of the roadway by
more than 0.6 m. (2.0 feet).
SECTION 52: DWELLING UNITS
ON A PARCEL
1)
The number of Dwelling units allowed on
a single Parcel shall be one (1) except
for the following:
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a) where provision is made in this Bylaw for one or more Secondary
Suite(s); or
b) in Multi Unit structures such as Condominiums, apartment blocks,
senior's housing, residential exclusive use areas, and row housing.
SECTION 53: EMERGENCY ACCESS TO BUILDINGS
1) All Parcels shall be designed such that safe, unrestricted access for fire
fighting vehicles and equipment is afforded to all Buildings and Parcels in
accordance with municipal and provincial fire authorities having jurisdiction.
SECTION 54: ENVIRONMENTAL ASSESSMENTS &
RESTORATION
1) The Development Officer may require, as part of the Development Permit
process, the applicant to prepare an environmental assessment in accordance
with Policy 3.17 of the MDP.
2) Where an environmental assessment has been conducted and the land is to
be subject to a reclamation process, the Development Officer may require a
Development Permit. Where a Development Permit is issued for
environmental assessment and reclamation, the following conditions shall be
included where determined to be applicable:
a) the Site to be fenced and posted with contact information to
discourage trespassing;
b) operating hours for stripping, moving, treatment, cleaning of
debris within the Site;
c) a haul route and identified disposal area;
d) an emergency response plan;
e) a drainage and if necessary, de-watering plan;
f) location of access; and
g) security for impacts on municipal infrastructure.
SECTION 55: EXCAVATION, STRIPPING, AND GRADING
1)
For the purpose of this Section, excavation shall mean excavation other than
for construction or Building purposes including, but not limited to, sand and
gravel mining, topsoil stripping, removing trees and construction of artificial
bodies of water.
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2)
An application for a Development Permit for the excavation, stripping or
grading of land, which is proposed without any other Development on the
same land, shall include with his or her application all of the following
information:
(a)
Location of the Parcel, including the municipal address, if any, and
legal description;
(b)
The area of the Parcel on which the excavation, stripping or grading
is proposed;
(c)
The type and purpose of the excavation, stripping or grading
proposed, showing the dimensions of the operation and/or the area of
the land and depth to which the topsoil is to be removed;
(d)
Location on the Parcel where the excavation, stripping or grading is
to take place; and
(e)
The condition in which the excavation, stripping or grading is to be
left when the operation is complete and the Use of the area from which
the topsoil is removed.
3)
Where, in the process of Development, areas require leveling, filling, or
grading, the topsoil shall be removed before work commences, stockpiled,
and then replaced following the completion of the work. The affected area
shall be Graded and landscaped to the satisfaction of the Development
Officer.
4)
Where significant excavation and fill is proposed, the Development Officer
may require that same be conducted in accordance with engineered plans
bearing the seal and signature of a professional engineer registered in the
Province of Alberta.
5)
As a condition of a Development Permit, the Development Officer may require
that the Developer provide financial guarantees, in a form acceptable to the
Town, up to the value of the estimated cost of all or any proposed
work/activities, including final grading and landscaping, to ensure that same
is carried out with reasonable diligence.
SECTION 56: EXCLUSIVE USE AREAS
1) An exclusive use area, where approved by the Development or Subdivision
Authority, shall be regarded as a private area for the benefit of the property
that is granted the exclusive use.
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2) Where the exclusive use area is used as an Amenity Area, the exclusive use
area shall count towards the Amenity Area requirements for the benefiting
property.
SECTION 57: FENCING & SCREENING
1) Subject to Section 24 of this Bylaw, all fence construction shall require an
approved Development Permit.
Residential Land Use Districts:
2) No fence shall be constructed that is:
a) higher than 1.83 m (6.0 ft.) for that portion of the fence that does
not extend forward beyond the foremost portion of the Principal
Building on the Parcel; and
b) higher than 0.91 m (3.0 ft.) for that portion of the fence that extends
into the Front Yard beyond the foremost portion of the Principal
Building on the Parcel.
3) A flanking Street property line that is treated as a Side Yard for yard Setback
purposes shall also be treated as a Side Yard for fencing requirements.
4) Where hedges, trellises, arbors, and similar things are located on or adjacent
to a Parcel line, they shall comply with the height requirements for fences.
5) Multi-unit Dwellings shall provide a fence along the Common Property line with
non-Multi Unit residential Buildings, extending beyond the foremost portion of
any principal or Accessory Building. Fence height shall be a minimum of 1.52
(5.0 ft.) and a maximum of 1.83 (6.0 ft.) above Grade.
6) The height of a fence is as viewed from the facing side.
7) Fencing shall be consistent in design and materials with those on the subject
and neighbouring properties.
8) Barbed,snow-fence, electric, chicken or pig wire fencing on property lines are
banned within residential land use districts. Chicken or pig wire may be used
in the interior of a residential Lot for enclosure purposes.
9) Fence posts shall be located on the facing side, or may be open to both
sides where both Lot owners are in agreement with the fence design at the
time of construction.
Non-residential districts:
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10)
Where a Parcel fronts onto a Street on both the front and Rear Yard,
development permit approval is required prior to the erection of any fences
on the property.
11)
A solid or chain link fence shall be erected to a height no less than 1.22 m
(4.0 ft.) and no more than 1.83 m (6.0 ft.) on the property line that
separates a commercial, industrial, public, or quasi Public Use not including
a Park from a residential area.
12)
The maximum height of a fence within industrial properties may be
determined by the Development Authority.
13)
In urban reserve districts, barbed wire and other wire fencing may be
constructed in support of agricultural operations.
14)
All fences shall be made of materials that are not a safety hazard to the
public. Creosote pole fencing is prohibited within the Town; except where
used within a railway right of way.
SECTION 58: HAZARDOUS MATERIALS
1) In any land use district, no use of land or a Development may be undertaken
in a manner that would, in the opinion of the Development Authority:
(a)
unduly interfere with the amenities of the district, or
(b)
materially interfere with or affect the use, enjoyment, or value of
neighbouring Parcel.
by reason of potential for contamination of the water supply for the Town,
excessive noise, smoke, steam, odour, glare, dust, vibration, refuse matter or
other noxious emissions or containment of hazardous materials.
2) The applicant applying for a Use pursuant to this Section shall provide an
approved development plan from the appropriate provincial agencies prior to
a Development Permit being issued by the Development Officer.
3) Commercial pressure vessel storage facilities (AAG and LPG) intended for the
above storage materials the Development Authority shall consider:
a) the material to be stored in the pressure vessel;
b) the proximity and orientation of the pressure vessel to Buildings in the
surrounding neighbourhood, especially those which are used for residential
use or public assembly;
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c) the ability of the fire department to respond to an accident involving the
proposed Development; and
d) the truck route through the community which will be used to service the
proposed Development.
4) All pressure vessel containers shall be constructed, located, and inspected in
accordance with the provisions of the Alberta Safety Codes Act, and its
regulations.
SECTION 59: HELICOPTER FLIGHT PATH PROTECTION
1) Any proposed Development that includes a helicopter or other aviation
component shall include as part of the application:
a) the proposed flight path to be taken by aircraft using the facility,
b) identification of any potential obstructions to the flightpath that may exist,
and
c) comments and/or approval from Transport Canada for the facility.
2) The Development Officer shall refuse any development permit application that
unduly impedes the ability of the Mayerthorpe Health Centre to be serviced by
EMS Helicopter services.
SECTION 60: LANDFILL AND LAGOON AREA REQUIREMENTS
1) All non-operating landfills within or adjacent to the Town shall have a
restricted Development buffer of 300 metres (984.3 feet) in accordance with
the provisions of Section 13 of the Subdivision and Development Regulation,
as amended.
2) Consideration of approval for any Subdivision or Development application
within the restricted Development buffer shall be subject to a written consent
to a variance granted by the Deputy Minister of Environment. As required by
the Subdivision and Development Regulation, where a consent to variance is
not granted by the Deputy Minister of Environment, the application for
Subdivision or Development approval shall be refused.
3) Water wells within 300 metres (984 ft.) of the former lagoon located on NW28-
57-8-5 and within the corporate limits of the Town may require approval from
Alberta Health prior to Development.
SECTION 61: COMMUNITY ASSOCIATIONS
1) For the purpose of this section, Common Property means Common Property
as defined under the Condominium Property Act, as amended, or property that
is owned in common by all landowners (landowner association) within a
community.
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2) The Town is not obligated to enforce any provision of a Condominium Bylaw
or a Landowner Association Bylaw except where the said provision is included
in the Bylaw by the requirement of the Subdivision or Development authority.
3) Condominium associations and landowner associations may require a higher
standard of Development than that required under this Bylaw.
4) The Town may require that specific provisions be included in a Condominium
Bylaw or Landowner Association Bylaw that are determined by the
Development or Subdivision Authority to address issues of municipal interest.
SECTION 62: LANDSCAPING
1) The Development footprint for the home and Accessory Buildings and
driveways shall not exceed 40% of the property. All remaining land must be
landscaped. Landscaping can typically consist of features such as grass,
gardens, rock gardens, water gardens or other features.
2) In Multi Unit Developments, a minimum of 40.0 m2 (430.6 ft2) of common
Amenity Area must be provided for each Dwelling unit up to ten units, with an
additional 3.0 m2 (32.0 ft2) for each unit above ten units.
3) In row housing Developments, a fenced private outdoor Amenity Area of at
least 21.0 m2 (226.0 ft2) must be provided for each Dwelling unit.
4) A Screen fence shall be required along the side property line between any Multi
Unit Development and an abutting Land Use District designed for low density
housing. The height of the Screen fence shall be at the discretion of the
Development Authority in keeping with the requirements of this Bylaw.
5) Commercial uses which do not have a zero Front Yard shall have a minimum
of 10% of the Lot landscaped, including any area within 2.0 metres (6.6 ft.) of
the Front Yard Lot line or a Side Yard that abuts a residential district, urban
services district, or a road right of way.
6) Industrial properties shall include a landscaped area within 2.0 metres (6.6 ft.)
of the Front Yard and a landscaped area with a minimum area of 10 m2 (107.6
ft2) for amenity purposes where the industrial Development includes an office
Structure.
7) As a condition of a Development Permit, all required landscaping and planting
shall be carried out to the satisfaction of the Development Officer within one
(1) year of occupancy or commencement of operation of the proposed
Development.
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8) As part of a condition of a Development Permit, the Development Officer may
require that the Developer provide a financial guarantee, in a form acceptable
to the Town, up to the value of the estimated cost of the proposed
landscaping/planting to ensure that such landscaping/planting is carried out
with reasonable diligence.
SECTION 63: LANEWAY ACCESS
1) A Lane cannot be used as the sole access to a Parcel unless it has been granted
approval from the Subdivision and/or Development Authority.
2) Where the Lane is to be used as the access to a residential property, the
Subdivision and/or Development Authority may require additional right of way
from the Parcel to accommodate a future sidewalk adjoining the Lane.
3) Where a Lane is to be used as a principal access through a block, the
Subdivision and/or Development Authority may require as a condition of
approval that the Lane be widened and developed to a full Street standard.
4) The Subdivision and/or Development Authority may require that a Lane used
as a principal access be signed to notify users that the Lane is shared with
pedestrians.
SECTION 64: MUNICIPAL ACCESS REQUIREMENTS
1) All accesses to public roadways shall be constructed to municipal standards.
2) Residential Dwellings that are single unit shall have no more than one access
fronting a Street.
3) Multi-unit Dwellings may have an additional Street access provided it has been
specifically approved on a site plan.
4) Commercial and Industrial uses shall have a maximum of one access per
fronting Street provided the access conforms to municipal standards.
Additional accesses may be provided subject to approval of a site plan and
conformity to municipal standards.
5) Other land uses shall have access(es) located in accordance with an approved
site plan to the satisfaction of the Development Officer.
6) Landowners
are
responsible
to
ensure
that
adequate
landscaping/fencing/berms or other features are provided on the property to
prohibit vehicular access to the property in locations other than an approved
access.
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SECTION 65: ON-SITE ENERGY SYSTEMS
On-site Energy Systems for the purpose of this Bylaw include solar thermal, solar
voltaic, wind and geo-exchange. Bio-mass energy converters are considered to
be an industrial Use and are not regulated under this section.
1) Wind Power:
a) Windmills allowed within the Town shall
have a generating capacity ≤ to 3KW;
b) A horizontal Windmill blade must be
entirely within the property line Setback
or 1.5 metres, whichever is less; and
shall be no less than 3.0 metres above
Grade except where mounted on a
Building;
c) A vertical Windmill blade must have a
minimum 10.0 metre clearance above
Grade
except
where
the
Windmill
turbine is mounted on a Building;
d) Agreements with adjoining landowners
may be considered in support of a relaxation of a property line Setback;
e) Noise from windmills shall be subject to the noise Bylaws of the Town
and applicable provincial and federal legislation;
f) All Windmill applications shall be subject to the obtaining of approval
from the relevant provincial and federal power regulators;
g) All windmills shall be removed from the Site and the Site shall be
reclaimed once the Site is no longer required for the proposed use; and
h) Windmills shall be of New Construction or compliant with the latest
design standards in force by the Government of Canada or Alberta.
2) Solar Panels:
a) Solar panels affixed to a roof or wall of an existing Building shall not
require a development permit approval unless required to satisfy a
requirement under the Safety Codes Act.
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3) Geo-Exchange:
a) The Zone of Influence for a geo-exchange circulation well shall be
contained entirely within the property boundary of the subject property,
unless a variance is agreed to by the landowner for the adjoining
property;
b) all proposed geo-exchange systems shall be professionally engineered;
and
c) Developers who wish to provide geo-exchange as part of a Subdivision
servicing proposal shall be required to provide all necessary engineering
plans as part of a land use plan or Subdivision application.
4) Energy to Grid Systems:
a) Applicants
who
wish
to
produce energy and sell it
through the utility grid shall
consult with the applicable
utility regulator and provider
prior
to
applying
for
development permit approval.
Details of the consultation
shall be provided to the Town
for use as part of the Development Permit decision making process.
5) Windmill Application Requirements:
a) In addition to the standard requirements for an application for a
Development Permit, the following may be required by the Development
Officer:
i.
a site plan at scaled elevation showing the proposed tower height,
rotor diameter, colour and proximity to property lines and
Buildings;
ii.
an analysis for noise at the Site and the property boundary of the
Site;
iii.
specifications for anchor design, Foundation, and guy wires; and
iv.
details on consultation with Alberta Environment and Parks, Nav
Canada, Transport Canada and the Alberta Energy Regulator, as
applicable.
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6) Land Use District Limitations:
a) Solar panels, windmills and geo-exchange systems may be installed
within any land use district as an Accessory Building or Use, as
applicable, and
b) Windmills within residential/commercial Districts shall be located in a
manner that in the opinion of the Development Officer does not unduly
interfere with the use, enjoyment, value, or safety of neighbouring
properties.
7) The placement of on-site energy systems within a Lot shall be aesthetically
compatible with other Development in the surrounding neighbourhood.
SECTION 66: ON-SITE SERVICING
1) All properties within the Town shall be serviced with municipal water and sewer
and all applicable franchise utilities unless specifically exempted by the Town
pursuant to (2) below.
2) Existing on-site serviced properties that cannot be effectively serviced with
municipal water and sewer services or that are part of an agricultural operation
may continue to be used, repaired, or upgraded.
3) On-site servicing within the context of this Section is an Accessory Use and are
subject to Development Permit requirements.
SECTION 67: OUTSIDE STORAGE & DISPLAY
1) The following shall apply in all land use districts:
a) Outside storage of materials in a Front Yard Setback is prohibited except
where specifically approved by the Development Officer and in
conformance with the Town of Mayerthorpe Community Standards Bylaw.
b) Outside storage of goods, products, materials, and equipment shall be
maintained in a clean and orderly fashion and shall be Screened from
residential areas to the satisfaction of the Development Officer.
c) Outside storage and display products, materials and equipment shall be
Screened from public thoroughfares except where the said storage or
display is integral to the commercial business on site and is in accordance
with an approved Development Permit.
d) Any outside storage and display shall be compatible with the overall
purpose of the subject land use district and shall not interfere with the
use, enjoyment, or value of adjoining Parcels.
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SECTION 68: POLLUTION CONTROL
1) No use of land or Development shall be undertaken, which in the opinion of
the Development Officer:
a) Would unduly interfere with the amenities of the District, or
b) Materially interfere with or affect the use, enjoyment, or value of a
neighbouring Parcel.
by reason of potential for contamination of the municipal water supply,
excessive noise, smoke, steam, odour, dust, glare, vibration, refuse or
other noxious emissions or unsuitable containment of hazardous
materials.
2) The Development Authority may choose to limit or specify the hours of
operation of any commercial or industrial operation within the conditions of
any Development Permit where those hours may be a nuisance to
neighbouring properties, businesses, or residents.
SECTION 69: PRINCIPAL BUILDINGS OR USE
1) The Principal Building or Use in a district shall be the Building or Use which is
the most consistent with the purpose of the subject land use district.
2) Where a commercial or industrial Parcel is developed, an adjoining Parcel
under the same ownership and land use district may be used for storage and
display purposes where the proposed Use is integral to the existing Use on the
Parcel.
SECTION 70: PROJECTIONS OVER YARDS
1) A Principal Building shall not encroach or project over or onto a Front Yard,
Side Yard, Rear Yard or required Setback, except where as described below:
a) a chimney, Balcony, sill, cornice, eave, or other similar Structure to a
maximum encroachment of 0.61 metres (2 ft.); and does not encroach
into a Side Yard intended to provide access unless the encroachment is a
minimum of 2.5 metres (8.2 ft.) above Grade;
b) an unenclosed verandah, porch, Deck, eave or Canopy or open Balcony
individual supported by cantilever, projecting no more than 1.22 metres
(4.0 ft.) into a Front Yard;
c) unenclosed steps or wheelchair ramp, if the steps or ramp are:
i. 2.44 metres (8.0 ft.) or less above Grade;
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ii. not located in a required Side Yard which provides or is intended to
provide access and the steps would not reduce the Side Yard by
more than 0.6 metres (2.0 ft.);
iii. eaves of a private Garage or other Accessory Building if the eaves
are not closer to the Parcel line than one-half the width of the
required Side Yard or 0.61 metres (2.0 ft.), whichever is less;
iv. a bay or bow window or cantilevered section of a Building which
projects into a Front Yard to a maximum of 0.61 metres (2.0 ft.);
v. a bay or bow window or cantilevered section of a Building which
projects into a Side Yard to a maximum of 0.61 metres (2.0 ft.)
where the Side Yard is intended to provide access, unless the
encroachment is a minimum of 2.5 metres (8.2 ft.) above Grade;
and
vi. a Grade level Patio or other similar development may project into a
yard requirement up to the property line.
2)
In a commercial district, a Canopy or extension over a front or Side
Yard may project into the yard in accordance with the sign regulations
of this Bylaw.
3)
In a commercial district, a Canopy or extension into a Rear Yard shall
not obstruct the normal use of the yard and shall be a minimum of
3.65 metres (12 ft.) above Grade.
SECTION 71: PUBLIC UTILITIES
1)
Public utility facility structures and equipment on a Parcel are not
subject to the yard Setback requirements of this Bylaw. All setbacks for
public utilities shall be determined by the Development Officer.
2)
Public utility facility structures and equipment are a Permitted Use in
all land use districts.
3)
Nothing in this Bylaw or Development Authority approval authorizes
the placement of a Structure or the carrying out of a Use that is contrary
to the Use provisions in a utility Easement or right of way.
SECTION 72: RAILWAY VICINITY CONSTRUCTION
1)
The Development Officer may require a boundary fence to be located
on the common property line with a railway right of way.
2)
No Development may be located within a railway right of way without
the consent of the owner of the right of way.
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3)
No variance shall be issued for a residential Building into the yard
Setback that is fronting a railway right of way.
SECTION 73: RELOCATION OF BUILDINGS
1) The relocation of a Building to or within a Parcel other than structures
within Section 24: Development Not Requiring a Permit, shall require
Development Officer approval prior to the relocation taking place.
2) An application to relocate a Building from one Parcel to another shall
require:
a)
a colour photograph of the Building;
b)
a statement of the current location of the Building;
c)
a statement from a safety codes inspector identifying the
improvements that are required to bring the Building into
compliance with the Safety Codes Act;
d)
notification of the route, date, and time that the relocation is to
take place; and
e)
a site plan showing where the subject Building is to be located
within the Parcel.
3)
The Development Officer may require, where a Development Permit
is issued for a relocated Building, a letter of credit related to the
Development. Where applicable, a letter of credit may be forfeited
should all conditions of the Development Permit not be complied with.
4)
The Town may require that some or all renovations identified in the
development permit application to be carried out prior to the
relocation of the Building. Upon re-location, all remaining renovations
shall be completed within one year of the issuance of the Development
Permit unless otherwise described.
5)
A relocated Building is a Discretionary Use in all land use districts.
6)
All relocated Buildings shall be compatible with respect to age and
appearance with other Buildings on the Parcel and adjoining Parcels
once it is fully renovated.
7)
Buildings that are located on sales Lots and have not been used for
the intended purpose (i.e., a Modular Home on a sales Lot has never
been lived in), are in good condition and repair, and comply with the
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current standards of the Safety Codes Act shall be treated as New
Construction and not a moved in Building.
SECTION 74: RESIDENTIAL INFILL
1)
All residential Infill Development shall be in accordance with Section
3.5: General Residential Development of the MDP.
2)
Where a proposed Building may be classed as a traditional land use
or an Infill land Use in a land use district, the Infill Use shall prevail.
3)
Housing unit density for Infill Development shall be calculated in the
following manner:
a)
All housing units within the block, including secondary suites shall be
added to calculate the current Housing Density.
b)
The number of residential Lots within the block shall be added to
calculate the aggregate number of Lots within the block.
c)
Housing unit density is calculated by ((a)/(b)).
4)
In-fill Development as a Permitted Use shall not increase the original
20 Housing Density calculated in (3) above by more than 25%.
5)
In-fill Development as a Discretionary Use shall not increase the
original Housing Density calculated in (3) above by more than 40%.
6)
At the discretion of the approving authority, Infill Development
beyond a 40% increase may be subject to the following additional
requirements as part of the Development or Subdivision application
process:
a)
The Developer may be required to conduct a community consultation
program to identify landowner concerns; followed by a program to
address those concerns prior to additional Discretionary Use Infill housing
being considered.
7)
Town Council may place a moratorium on additional Infill housing
within a designated area prior to considering further Infill should the
EXPLANATION NOTE: For example, a block with 20
Lots could have five Lots convert through an Infill
Development as a Permitted Use for a total of 25
housing units. The Housing Density could then be
further increased as a Discretionary Use to a total of
28 housing units. Further Infill may first require
additional land use planning for the neighbourhood.
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existing Development process fail to adequately satisfy landowner
concerns regarding impacts on the Character of the neighbourhood.
8) All Infill Development shall be serviced to a municipal standard.
SECTION 75: RESTRICTED DEVELOPMENT
1) All matters related to unsightly property, derelict property, improper storage
of vehicles, waste and Chattels and the Parking of commercial vehicles in
residential areas are addressed through the provisions of the MGA and
municipal Bylaws adopted by Council.
2) The Development Officer shall not consider for approval any development
permit application that includes the transport of a Mobile Home, as defined in
this Bylaw, from outside the corporate limits of the Town to a location within
the corporate limits of the Town.
3) Park Model homes and Recreational Vehicles shall not be permitted within a
vacant Lot in a residential Land Use District.
4) Parking of vehicles on front yard lawns is prohibited.
SECTION 76: VEHICLE ACCESS MANAGEMENT
1) Every Parcel created for residential, commercial, or industrial use shall have
either within the Parcel or on an adjoining Parcel vehicular access to a Street,
avenue, or Lane.
2) Vehicle access onto a public road or Lane shall be to municipal standards.
3) The Development Officer may require as a condition of development permit
approval that vehicular access to a property is restricted to approved access
points through the use of landscaping, berms, fences, or vegetative buffers.
SECTION 77: ZERO-SIDE YARD REQUIREMENTS
This regulation applies to development permit applications and/or Subdivision
applications that result in a "zero"- Side Yard or common wall on a Structure
separating two or more properties.
1) A Development for a zero-Side Yard Building shall include plans showing the
grading and drainage onto adjoining Parcels and address any grading and
drainage issues to the satisfaction of the Development Authority.
2) Easement Required:
a) Where a zero-Side Yard is permitted, an Easement shall be provided on
the Parcel abutting that Side Yard, the full width of the Side Yard required
on the adjacent property, for the maintenance of all principal and
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Accessory Buildings, and for any overhang of principal or Accessory
Buildings onto that adjacent Parcel. The Development Authority may
require that an Easement plan be registered in addition to the normal
Plan of Subdivision.
b) Where an Accessory Building is permitted to have a zero-Side Yard
abutting a Parcel, the applicant will be responsible for the negotiation
and registration of any Easements required pursuant to Subsection
(2)(a), prior to the issuance of a Development Permit for the zero-Side
Yard Development proposal.
c) Where a plan is accepted for a zero-Side Yard project or zero Side Yard
Parcel, and where that plan indicates the location or alternative locations
for future Accessory Buildings (including Garages) on the Parcel,
Easements required under Subsection (2) shall be provided for all
possible alternative future locations of Accessory Buildings at, or prior
to, the time of the Development of the Principal Building.
3) Residential structures that apply for a zero-Side Yard shall include, as a
condition of development permit approval an encroachment Easement of 0.6
metres (2 ft.) and a private maintenance Easement of 1.2 metres (4 ft.), or as
required by the Safety Codes Act.
4) Residential structures with one Side Yard reduced to 0.00 metres shall include
a minimum 3.0 metre (10 ft.) Side Yard on the Side Yard opposite the other
end of the Building, except where a Parking space is provided in the Side Yard,
in which case the Parking space shall be 3.5 metres (11.5 ft.) wide.
5) No part of any Structure or Building shall be erected within 4.9 m (16 ft.) of
the Street boundary on the flanking Front Yard side of a zero-Side Yard Parcel.
6) A minimum 1.5 metre (4.9 ft.) Side Yard Setback is required on the side of a
Lot that abuts another land use district which is not a zero-Side Yard
development.
7) The Town may require a party wall or other agreement to be registered against
the certificate of title where it is the intent of the Developer to subdivide the
Structure along an interior common wall into separate Parcels.
8) Full compliance with the Alberta Safety Codes Act is required prior to the
endorsement of any Subdivision or development permit application that has the
effect of subdividing an existing Building into two or more Parcels.
SECTION 78: RESIDENTIAL PARKS
1) A residential Park shall provide sites for two (2) or more Dwellings on a Parcel.
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2) Each residential unit shall have a minimum of two (2) Parking stalls per unit
and one (1) visitor Parking stall per ten (10) residential units.
3) Each residential Site shall have a minimum area of 445.9 m2 (4800 ft2).
4) Each residential Site shall have a private Amenity Area of no less than 40 m2
(430 ft2).
5) Each Site shall have a durable base or Foundation for the residence.
6) Each Site shall be clearly marked to distinguish the boundary of adjoining sites
and common lands.
7) All homes within a residential Park shall be sized to comply with the Setback
provisions of the subject residential Site.
8) A common Amenity Space shall be provided
to a minimum of 10% of the gross area.
This space shall be developed to service the
intended residential market such as children
or independent adult living.
9) The boundary of the residential Park shall
be Screened from view from adjoining Parcels.
10) All utility lines shall be placed underground and as-built plans shall be
submitted to the Town for their records.
11) All internal roads and pedestrian walkways within a residential Park shall be
hard surfaced, drained and maintained to an approved standard.
12) Conversion of a residential Park to a residential community with each
residence on a separate Lot shall require all sites to conform to the minimum
Lot and servicing standards of the receiving district.
13) A Screened and fenced common storage area shall be included as part of any
residential Park and be accessed only from within the Park.
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SECTION 79: RESIDENTIAL STANDARDS
1) Dwellings (Single Detached) as New Construction shall include the following
design standards.
a) All components or modules of the Dwelling
must
be
consistent
in
construction
standards and external appearance.
b) All exterior walls of any residence must be
dimensioned at less than 3:1 length to
width.
c) Minimum width of any portion of a Dwelling must be 4.8 m (16 ft.) not
including eaves, Decks or porches. Portions of a Dwelling which are less
than 4.8 m (16 ft.) in width shall not be included as part of the length to
width ratio for the Dwelling.
d) All homes constructed outside of the
Province of Alberta must comply with
the Safety Codes Act.
e) Continuous horizontal roof lines facing
the front and rear Lot lines shall not
exceed more than 6.0 m (20 ft.) in
length. For Side Yard property lines,
continuous horizontal roof lines shall
not exceed 9.1 m (30 ft.) in length.
f) All eaves shall be a minimum of 0.30 m (12 in) in width.
g) Roof pitches shall be consistent or compatible with the roof pitch through
the entire Dwelling, except where approved by an engineer and
authorized under an approved neighbourhood outline plan, Area Structure
Plan and/or other Statutory Plan.
h) Open covered Decks or verandahs which are constructed at the same
time as the residence and comply with (g) above may be considered as
Floor Area of the Dwelling for the purpose of calculating minimum Floor
Area requirements.
i) Skirting shall only be used around Dwellings that are normally designed
for that type of exterior finishing and skirting is widely used in the
surrounding neighbourhood.
j) Parging shall be applied on all Foundation and Basement finishes as a
minimum standard where this form of finishing is common in the
surrounding neighbourhood.
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2) Dwellings which do not conform to Sub-section 1(b) shall be restricted to Land
Use Districts that allow for Dwelling - Manufactured Home as an allowable Use.
3) Residential Dwellings considered under this Section shall be aesthetically
compatible with other Dwellings in the surrounding neighbourhood.
4) Dwellings that do not conform to Sub-section 1(g) shall be supported by
approved engineered design standards.
SECTION 80: MULTI-UNIT RESIDENTIAL STANDARDS
1) The Development Officer may require the following as part of
an application for a Multi Unit residential Dwelling:
a) engineered design plans;
b) geotechnical plans for multi-Storey Buildings with separate residential
Dwellings on each Storey;
c) grading, landscaping, and vegetation plans;
d) outdoor Amenity Area Development plan; and
e) a servicing plan.
2) The Development Authority shall be provided with scaled plans showing:
a) the location of all Buildings and structures on the Parcel;
b) the location and design of permanent signage;
c) the location and design of Parking spaces, access and egress onto the
Parcel, pedestrian walkways, refuse storage areas, Amenity Areas,
landscaped areas, and fencing;
d) the location of exterior lighting
including
the
Parking
Lot
and
landscaped areas; and
e) Section 79: Residential Standards,
is applicable to Development under
this Section.
3) Where allowed under the subject land use
District, the main floor of a Multi Unit multi-
floor residential Building may be used for
commercial purposes.
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4) Zero Lot line provisions as described in Section 77 apply.
5) Where the total Lot area for a duplex Dwelling
conforms to the required standard for a duplex
on a single Lot, but does not conform to a
duplex with each unit being on a separate Lot,
the Development Authority may consider the
approval of the Building with the appropriate
variance as part of the development permit
approval process.
Similarly, the Subdivision Authority may approve the Subdivision of a duplex
if the duplex was conformant to this Bylaw on a single Lot, but does not
conform with each unit on its own property with the appropriate variance as
part of the Subdivision process.
SECTION 81: DEVELOPERS RESPONSIBILITY
1) A person to whom a Development Permit has been issued shall obtain from the
appropriate authority where applicable, permits relating to Building, Grades,
sewers, water mains, electricity and Highways, and all other permits required
in connection with the proposed Development.
2) The person to whom a Development Permit has been issued shall notify the
Development Officer:
(a) following the preliminary layout of the Site, but prior to the
commencement of actual Development thereon; and
(b) upon completion of the Development for which approval has been given
and which has been authorized by the issuance of the Development
Permit.
3)
The Development Officer may require that further to Subsection (2) (a), the
applicant arrange with the Development Officer for an on-site inspection
before commencing construction.
4)
The applicant shall be financially responsible during construction for any
damage, or because of the negligence causing damage by the applicant's
servants, suppliers, agents, or contractors to any public or private property.
5)
The applicant shall prevent excess soil or debris from being spilled on public
streets, Lanes and sidewalks, and shall not place soil or any other materials
on adjacent properties without permission in writing from adjacent property
owners.
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(7) No Building or Use shall be used or occupied and no change in the existing
occupancy classification of a Building shall be made until substantial
completion as determined by the Development Officer has been undertaken
in accordance with the Development Permit that was issued.
(8) A person to whom a Development Permit is issued shall, during Development,
keep:
(a) a copy of the Development Permit and any other approval required for
the Development; and
(b) at all times of Development activity, a copy of the approved drawings
and specifications to which the permit pertains.
EXPLANATION NOTES: When constructing a sign or
undertaking any other development in proximity to
Highway No. 22 or Highway No. 43, the Developer is
required to contact the Provincial Road Authority and
undertake any permit applications that they may require.
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PART 7: USE SPECIFIC REGULATONS
SECTION 82: ACCESSORY FOOD SERVICE
1)
An Accessory Food Service shall:
a) be no more than 20m2 (215 ft2) to accommodate food preparation and
seating area;
b) be subordinate or accessory to the Principal Use in the Building;
c) operate in conjunction with another approved Use;
d) use the same entrance/exit as the Principal Use in the Building;
e) not require Parking stalls in addition to those provided for the Principal
Use; and
f) comply with all applicable health and safety regulations.
2)
An Accessory Food Service may be an Accessory Use to a recreational
facility such as an arena, summer fair, Campground, etc.; or an institutional
Use such as a medical facility or School.
SECTION 83: ACCESSORY LIQUOR SERVICE
1) An Accessory Liquor Service shall:
a) be located within a Building used for the sale and consumption of
alcoholic beverages for the patrons of another approved Use;
b) serve only the patrons attending events or performances at the Use of
which it is located;
c)
must not provide permanent seating area for patrons, and
d) not require Parking stalls in addition to those provided for the Principal
Use; and
e) comply with all applicable health and safety regulations.
SECTION 84: ACCESSORY (SECONDARY) SUITES
1) A development permit application for a Secondary Suite shall be subject to the
following requirements, including, but not limited to:
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a) include an evaluation by an accredited Safety Codes Officer and/ or
Building Inspector;
b) compliance with all relevant provisions of the Alberta Safety Codes, Fire
Codes, and Alberta Building Codes, as amended;
c) minimum Floor Area of 23.33 m2 (250 ft2) per occupied suite and a
maximum of 4 occupants per suite;
d) include a kitchen, bathroom, and a separate entrance; and
e) include adequate Off-Street Parking to support the proposed Use.
2) A development permit application for a Secondary Suite shall be subject to the
following requirements, including, but not limited to:
a) a Secondary Suite may be developed only
in a Single Detached Dwelling, the second
floor of a Garage or in another Accessory
Building on a Parcel;
b) a Secondary Suite may only be developed
in a district where "Secondary Suite" is
listed as an allowable Use;
c) only one Secondary Suite in a primary Dwelling shall be allowed per Parcel;
d) a Secondary Suite shall not exceed 40% of the Principal Building in the case
of a Secondary Suite located within a residence;
e) Off-Street Parking shall be as required in the land use district where it is
listed;
f) the Development Officer may require as a condition of approval, that a
Secondary Suite not located in the principal Dwelling have a requirement to
have a civic address Sign affixed to the entrance to the suite or Building;
g) where an Accessory Building is to be used for a Secondary Suite, the height
limitations described in Section 44 of this Bylaw do not apply. The
maximum height of the Building must be no higher than the height of the
principal residence on the property;
h) The Development Authority may increase the minimum Side Yard Setback
where a Garage is to be used as a Secondary Suite to mitigate roof run-off
impacts onto neighbouring properties;
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i) Secondary suites located in Garages or other Accessory Buildings are
restricted to the Mills Acres area located on Block 32, 33 and 34 and
adjoining or east of 42nd Street north of 46th Avenue.
SECTION 85: ADULT ENTERTAINMENT SERVICE
1) An Adult Entertainment Business shall not be located within any land use
district that does not include the Use "Adult Entertainment" as a distinct Use.
2) Shall not be located within 100 metres (328 ft.) of a Park, School, community
hall, church or other Place of Worship, arena, Amusement Establishment, or
other business that caters specifically to children.
SECTION 86: KEEPING OF ANIMALS
1) Veterinary clinics or hospitals, pet shops and kennels shall:
a) not be a source of smell or noise or other emissions that can adversely
impact neighbouring properties or uses,
b) be equipped with adequate sound proofing of pens, rooms and runs, and
c) have indoor exercise runs that are sufficient to accommodate the
maximum number of animals that can be housed.
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2) The Development Officer shall recommend that the Building plans include a
separate air extractor system in the animal holding area so that heating/air
conditioning is separate from the remainder of the Building.
3) The keeping of dogs and other animals in a kennel shall be in accordance with
all Town Bylaws governing the keeping of animals.
4) No kennels shall be permitted within a residential district or within 35.0 metres
(114.5 ft.) of a property within a residential district.
SECTION 87: BED AND BREAKFAST OPERATIONS
1) A Bed and Breakfast operation shall:
a) have a maximum of three (3) guest bedrooms at any one time;
b) not have more than one employee that is not a resident of the principal
residential Building;
c) not include any cooking facilities in a guest bedroom;
d) not display any signs on the Parcel unless approved by the Development
Authority; and
e) may offer one or more meals to the guests during the stay.
2) A Bed and Breakfast may share a maximum of two Parking stalls in tandem
with other vehicle Parking stalls located on the Parcel.
SECTION 88: CAMPGROUNDS AND R.V. PARKS
1) A Campground means a Use:
a) where
spaces
are
provided
for
temporary
accommodation
in
recreational vehicles or tents;
b) that may include an administration
Building, laundry or other Buildings
and structures related to recreational
Use within the Campground area;
c) that is serviced in a manner acceptable to the Town;
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d) that has a minimum of one Parking stall per camping space and one
visitor Parking stall per seven spaces; and
e) that cannot be used for long term accommodation.
2) When considering a development permit application for a Campground, the
Development Officer may consider specific conditions of approval to address
the following land use issues:
a) hours of operation,
b) cleanliness and overall appearance,
c) security,
d) storage of R.V.'s on-site as part of a seasonal Use,
e) a minimum 10% of the area to be developed for Amenity Space and
recreational activities,
f) emergency response plan, and
g) wildfire management and emergency access.
SECTION 89: CANNABIS CULTIVATION, MANUFACTURE AND
SALE REQUIREMENTS
1) All commercial cannabis related operations shall require as part of the
development permit application and review process:
a) Legal authorization under the laws of the Government of Canada,
b) Legal authorization under the laws of the Province of Alberta, and
c) Approved licensing from the Government of Canada and/or the
Province of Alberta, as required under statute.
2) Commercial retail sales businesses shall be subject to a building setback
of no less than 100 metres from a school, playground and a provincial
health care facility; as measured from the closest point of the school,
playground or the provincial health care facility to the commercial retail
sales building.
3) Commercial Retail Sales businesses shall be located at street level on
buildings with the primary street access onto 50th Street and buildings
with primary street access one (1) block east or west of 50th Street north
of Highway No. 43 and south of 51st Avenue.
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4) A development permit for a cannabis related business shall include a plan
view or rendering showing the portion of the exterior of the building
facing the street, and examples of signage, flagging or sandwich boards
that are to be used to advertise the business.
5) Home grown cannabis shall be an accessory use not requiring a
development permit to an occupied residential building or lot containing
an occupied residential building.
6) Except where otherwise approved under this Bylaw and in compliance
with the laws and regulations governing cannabis growth, sale and
manufacture, cannabis shall not be grown, manufactured or sold within
the Town of Mayerthorpe.
7) Commercial cannabis development is subject to the character and
appearance requirements of this Bylaw.
SECTION 90: CAR WASH
1) A Car Wash within residential or non-Highway commercial areas shall be
designed to accommodate smaller vehicles.
2) A Car Wash within a high commercial or industrial area may be designed to
accommodate larger recreation vehicles and larger commercial/industrial
vehicles or equipment.
3) Parcel size shall be appropriate for the proposed Use and any associated uses
such as Gas Bars and service stations.
4) Cash wash establishments shall be adequately Screened from any adjoining
Parcel that is within a residential land use district.
SECTION 91: COMMERCIAL ACCOMMODATION
1) Commercial Accommodation through the renting of a unit in a motel/hotel may
include additional services including: meeting rooms, restaurants, lounges,
and recreational uses within a hotel.
2) Commercial accommodation shall have a minimum Parcel Area of 139.35 m2
(1500 ft2) for a single Storey Structure and 929 m2 (1,000 ft2) for a second
Storey Structure. Minimum Parcel Areas for Commercial Accommodation
higher than two (2) storeys is at the discretion of the approving authority.
3) A Commercial Accommodation Use does not require an indoor or outdoor
Amenity Space.
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SECTION 92: COMMUNICATION TOWERS
1) Prior
to
submission
of
a
development
permit
application
for
a
telecommunication tower, antenna, Building or equipment as regulated
through this Bylaw, the applicant shall submit to
the Town a statement regarding the position or
opinion of persons living near (300 metres, 984
ft.) the proposed Development Site. The effort
undertaken by the applicant in preparing that
statement should depend on such things as the
history of previous applications in the area, the
size of the proposed Development, and the
likelihood of it affecting nearby landowners due
to factors such as population density or viewing
areas.
2) Initial notification of landowners required under
(1) shall include:
a) a
notification
placed
in
a
locally
circulated newspaper. The notification shall include a description of the
proposal, legal location and how interested parties may contact the
applicant or submit comments;
b) in person or hand delivered correspondence to all residences a
minimum of 300 metres (984 ft.) of the Site; and
c) any other form of communication that the applicant or the Town may
require.
3) Where possible, Developers of telecommunication towers, antennas,
Buildings, or equipment shall attempt to utilize existing infrastructure. To this
end, companies shall co-locate where possible and shall attempt to mount
antennas on existing structures rather than build new freestanding towers.
4) All freestanding telecommunication towers shall be designed to prevent
climbing or sliding down, and their base and stabilizing lines shall be
separately fenced.
5) The Use of any portion of a tower or antenna for signs, other than to provide
a warning or equipment information, is prohibited.
6) When telecommunication towers, Buildings, or antenna equipment become
obsolete, it is required that they shall be quickly removed and the
Development Site reclaimed.
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7) A telecommunication tower shall not be located in a manner that will interfere
with the flight path of Emergency Air Ambulance services to the Mayerthorpe
Health Centre.
SECTION 93: DRIVE-THROUGH BUSINESSES
1) Speakers as part of a Drive Through service shall not be closer than 23.0
metres (75.5 ft.) to the property line of any Parcel designated to a residential
district unless they are separated from the residential district by a Building.
2) A Drive Through must be Screened from any
adjoining residential district.
3) Pedestrian access from a Street across a
Drive Through into the main premises is
prohibited.
4) A Drive Through must be Screened to prevent lighting from vehicles to interfere
with traffic on public roadways.
5) A Drive Through must have a minimum of four (4) vehicle stacking space to
the ordering window and a minimum of four (4) vehicle Parking stalls.
SECTION 94: FAMILY (CHILD) CARE FACILITIES
1) A Family Care Service shall:
a) have an indoor or outdoor Amenity
Area that is Screened from adjoining
residential properties;
b) include 1.0 Parking stalls per two (2)
employees and one stall per 10
children;
c) include a minimum of 1.0 pick-up and drop-off stalls per 10 children; and
d) include an emergency response plan acceptable to the Town and
Emergency Medical Services; and
e) be approved or licensed by the appropriate provincial approving authority
and comply with applicable Provincial Day Care Regulations concerning
Site requirements and standards for operation and Development.
2) A Child Care Service shall:
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a) have no employees other than
the occupant of the Dwelling;
b) include one off-Street Pick Up
& Drop Off stall;
c) be approved or licensed by the
appropriate
provincial
approving
authority
and
comply with applicable Provincial Day Care Regulations concerning site
requirements and standards for operation and Development; and
d) include an indoor or outdoor Amenity Area that is Screened from
adjoining residential properties.
3) The Development Authority, when determining an application for child care
service, shall consider:
a) traffic impacts in the subject residential neighbourhood;
b) proximity to Parks and open spaces; and
c) mitigation measures proposed by the applicant to minimize impacts on
adjacent residential properties.
SECTION 95: GROUP HOME SERVICES
1) A Group Home shall:
a) be licensed or approved by the appropriate provincial agency;
b) shall be no less than 300 metres (984 ft.) from another Group Home;
c) shall be of similar design and conform to housing unit density for the
subject land use district; and
d) shall accommodate staff Parking Off-Street.
2) The Development Officer shall consider proximity to Parks and other amenities
and existing/proposed buffering to minimize impacts on surrounding
properties.
3) Where a Group Home was formerly a residential Building, the minimum
Amenity Area requirement for the Group Home shall be that of the former
residence.
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4) The construction of a Building for Use as a Group Home shall include an indoor
or outdoor Amenity Area equivalent to a typical residence of the same Floor
Area and number of bedrooms.
SECTION 96: HOME OCCUPATIONS
1) A Home Occupation shall be operated as a secondary Use only and shall not
change the principal Character and external appearance of the Dwelling in
which it is located.
2) A Home Occupation may have one non-illuminated facia Sign or nameplate to
identify it in accordance with the Sign regulations provided in Part 8 of this
Bylaw.
3) A Home Occupation shall not use more than 27% of the gross Floor Area of
the residence.
4) A Home Occupation shall not create any dust, traffic, congestion, late
visitations,
noise,
odours,
noxious
fumes,
interference
with
telecommunications or vibrations emanating from the premise which is not
normally produced by a Dwelling unit.
5) A Home Occupation shall not generate any pedestrian or vehicular traffic or
Parking that is a source of inconvenience to Adjacent Landowners or tenants.
6) There shall be no outside storage of materials, commodities, or finished
products.
7) A Home Occupation shall be reviewed upon receipt of a complaint by an
affected landowner. A permit for a Home Occupation may be suspended or
revoked on the basis of non-compliance on 30 days' notice.
8) A Home Occupation shall not create On-Street Parking that may be determined
by the Development Authority to be an inconvenience to adjoining landowners
or tenants.
9) A Home Occupation for the purpose of selling cannabis is a prohibited land use
within the Town of Mayerthorpe be added to Section 96: Home Occupations.
(Bylaw 1094)
SECTION 97: INDEPENDENT ADULT LIVING
1) Independent (Active) Adult living as a residential Use may consist of one or
more duplexes, tri-plexes, four-plexes, row housing or Multi Unit residential
Buildings.
2) Independent (Active) Adult Living may be developed as the Principal Use in a
residential Park.
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3) A single unit residential Dwelling under this section should include:
a) a private Amenity Area of no less than 28 m2 (301 ft2);
b) a housing design that can accommodate:
i. a permanent or temporary wheelchair ramp;
ii. widened doorways or swing clear hinges;
iii. handrails on both sides of stairs;
iv. grab bars, tub cuts or shower seats;
v. lever handles on most doors;
vi. common gardens; and/or
vii. surveillance systems.
4) A single unit residential Dwelling which forms part of a community (multiple
Single Detached units) designed for independent (active) adult living may be
designed to include additional supportive services such as grounds
maintenance and common Amenity Areas for its residents.
5) A Multi Unit Building for independent (active) adult living shall include:
a) an indoor Amenity Space of no less than 10% of the gross Floor Area,
not including hallways, entryways, and utility areas, and
b) elevators for multi-Storey structures.
6) The Development Authority may require that an agreement describing the
adult only nature of the residence be registered against the certificate of title.
7) Where is a conflict between this section and other sections that address
Dwelling design within this Bylaw, this section shall prevail.
8) Independent (Active Adult) Living may be developed in all residential land use
districts excepting R1 - Residential.
SECTION 98: LIVE/WORK COMMUNITY
1) A Live/Work community shall not be located adjacent to an existing residential
district or area designated under the MDP for future residential Development,
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but may be located adjoining to an industrial, Highway commercial or urban
reserve district.
2) A Live/Work community shall consist of a minimum of three (3) Parcels that
include:
a) a principal residential Building;
b) a commercial Use; and/or Building;
c) an outdoor residential Amenity Area of no less than 93 m2 (1,000 ft.2)
3) A commercial Building within a Live/Work district shall include a separate
holding tank to accommodate any liquid waste products that are not suitable
for the Town sanitary sewer system.
4) The Lot shall be landscaped to ensure that no portion of the commercial Use
area of the Lot can drain onto adjoining Lots or any portion of the Lot to be
used for a residential Use.
5) The initial development permit application on a Live/Work Parcel shall include
both a main residential Building and a commercial Use appropriate for the
district.
SECTION 99: MARIJUANA SERVICES
1) Marijuana facilities as a wholesale or retail Use shall be restricted to land use
district(s) that include "marijuana facility" as a distinct land Use.
2) Development permit approval criteria for
a marijuana facility is limited to land Use
considerations such as Site suitability,
distance from a School, Park, Building
and site criteria.
3) Personal Use marijuana facilities are not
regulated under this Bylaw other than for
Building and site requirements.
SECTION 100: MIXED USES
1) This section applies to the Mixed-Use area described in Section 3.8 of the MDP
and as described on Schedule A: Land Use District Map within this Bylaw. The
following provisions are intended to facilitate Mixed Use Development within
the downtown and surrounding lands of the Town.
a) "Mixed-Use", as described in the list of Discretionary Uses in various land
use districts, is subject to the following provisions.
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i) Mixed-Use within the subject area and on land within a commercial
district means a secondary residential Use. The secondary residential
Use shall have a separate entrance and be located on the second floor,
rear of the main floor or within the Basement of the Building.
ii) Mixed-Use within the subject area and on land within a residential
land use district means a secondary commercial Use. The commercial
Use shall be on the main floor and have a separate entrance from the
residential Use on the property. The commercial Use shall be
compatible with the overall Character of the neighbourhood.
2) This section may be applied to other lands within the Town where Mixed Use
is described as an allowable Use within a land use district.
3) A commercial Use may be established as a secondary Use to an institutional
Use or Public Use where the commercial Use is complementary to the Principal
Use on the property. At the discretion of the Development Authority, the
requirement for a separate entrance for the commercial Use may be waived
under this provision.
SECTION 101: PARK MODEL HOMES
1) Park Model homes are restricted for Use as a Principal Use within approved
recreational Parks where Park models are an allowed land use.
2) Where a detached Secondary Suite may be developed on a property, a Park
Model home may be used as a Secondary Suite provided it is located and
serviced to the satisfaction of the Development Officer and conforms to all
necessary Safety Codes Act regulations.
3) A Park Model Home may be used as a detached Surveillance Suite.
4) A Park Model home may be used as an office in the Commercial District,
Industrial District or Business Park District provided there is a principal
Building on the property.
5) Park Model homes shall be regarded as recreational vehicles unless a
development permit approval has been granted for an approved Use.
6) Where a Development Permit is to be considered for a Park Model home, the
standard Site and Setback requirements for an Accessory Building within the
subject land use district shall apply.
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SECTION 102: PETROLEUM FACILITIES
1) Petroleum facilities shall not be located in any area that is determined by the
Development Officer to be a safety risk, have inappropriate vehicle circulation
or access to and from public roadways.
2) An application for a petroleum facility shall include scaled drawings showing:
a) proposed traffic circulation,
b) Off-Street Parking areas,
c) loading areas,
d) landscaped areas,
e) signage location, and
f) the placement of security fences.
3) The minimum area for a Gas Bar shall be
1,207.7 m2 (13,000 ft2).
4) The minimum area for a Service Station
shall be 1,486.4 m2 (16,000 ft2).
5) Multi-use facilities shall have a minimum
area of no less than the required minimum
area for the Use with the largest minimum area requirement, plus 75% of the
minimum area requirement for each
additional Use.
6) The maximum Parcel coverage for
Buildings, loading areas, Parking areas,
Drive Through, etc. shall be 80% of the
Parcel.
7) Land not included in Parcel coverage
shall be landscaped and vegetated to the satisfaction of the Development
Officer.
8) 15% percent of the Parking requirements for a multi-use facility under this
section may be shared between the various uses.
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9) A minimum 6.0 metre (19.7 ft.) Setback from the property line shall be
maintained for all pump and pump housing units.
10) The installation of petroleum tanks
shall conform to Provincial Standards.
Permit approval from the Provincial
Approving Authority shall be included
as
supporting
information
for
a
development permit application.
11) Lighting for the Site shall not be
directed towards any adjoining Parcel without the prior written approval of
the owner listed on the certificate of title for that Parcel.
SECTION 103: PLACES OF WORSHIP
1) A Place of Worship shall have a minimum area of 929 m2 (10,000 ft2). An
additional 393.5 m2 (5,000 ft2) shall be required should a Manse (clergy
residence) be required on the same Parcel.
2) Minimum Frontage for a Place of Worship as a Principal Building or Use shall
be 30.0 metres (98.4 t.).
3) The Parking area for a Place of Worship shall be Screened from adjoining
residential district Parcels by a wall, landscaped earth berm, hedge or fence
constructed or maintained to a minimum of 1.22 m (4.0 ft.) above Grade.
4) Preferred location for a Place of Worship shall be a corner Lot; or an internal
Lot that is adjoining on one Side Yard to a non-residential Use.
5) A minimum of 20% of the Parcel Area shall be an outdoor landscaped space
where the Place of Worship is a Principal Use.
6) All portions of the Parcel that are not used for Parking, pedestrian access or
Buildings shall be landscaped.
7) A detached Manse or other Place of Worship related residence should be
located in a manner that can allow for the future separation of the Building in
title from the greater Place of Worship property.
8) The exterior finish of the Place of Worship shall be compatible to that of the
surrounding neighbourhood.
9) Subject to compatibility with the existing property and Parking requirements,
a Place of Worship may be an Accessory Use in a public Building such as a
School, hospital, or Supportive Living complex within the Urban Services
District.
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10) A Place of Worship may be located within a land use district other than Urban
Services, subject to a site-specific land use district amendment being adopted
by Council.
11) A Manse as a detached dwelling may be a Manufactured, Single Detached or
Modular home, subject to compatibility in design and appearance with the
subject Place of Worship and Dwellings on adjoining residential parcels.
SECTION 104: PORTABLE BUILDINGS
1) A portable Building may also be referred to
as a tarp shed or canvas Garage.
2) A maximum of one portable Building may be
allowed on a single non-industrial Parcel.
3) A portable Building is an Accessory Building
for the purposes of this Bylaw in all land use
districts, and are subject to all applicable
Accessory Building requirements.
4) A portable Building is included as part of the Parcel coverage calculation as
applicable in all land use districts.
5) Portable Buildings must be maintained in good repair. A Development Permit
issued for a portable Building may be cancelled by the Development Officer
and ordered for removal from the property pursuant to Section 546 of the
MGA should the Structure be determined by the Development Officer to be
unsightly or derelict.
6) A portable Building shall be sized to be appropriate for the intended Use.
SECTION 105: SHIPPING CONTAINERS
1) A Shipping Container is an allowable Building with an approved Development
Permit in the following Districts:
a) all industrial districts,
b) urban reserve district, and
c) commercial districts.
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2) A Shipping Container may be used for the purpose of loading or unloading
household items or construction materials or equipment
in a residential district, for a period of 30 days upon
request of the landowner to the Development Authority
without the requirement for a Development Permit.
3) Shipping containers that are to be located for more than
30 days on a Parcel in all Districts except Industrial - M1
shall: (Bylaw 1080)
a) be sided or painted to match or complement the principal Building
on the Site;
b) feature a false roof with a minimum pitch that is similar to other
Buildings on the property;
c) include a man-door; and
d) have the appropriate safety codes approvals.
4) Shipping containers shall be treated as an Accessory Building for the purpose
of location within a Parcel, except when used under Sub-section 2 above.
5) Where Sub-section (2) above is applicable, the Shipping Container may be
located on a Front Yard driveway.
6) Shipping containers shall not be used as a fence in any land use district
7) Shipping containers shall not eliminate or interfere with Parking, loading or
the manoeuvring of vehicles or pedestrians on the Site.
8) Shipping containers for a municipal purpose may be placed on any municipal
owned parcel, subject to other provisions of this Bylaw. (Bylaw 1080)
SECTION 106: SWIMMING POOLS & HOT TUBS
1) Swimming Pools and Hot Tubs for private Use shall be secured against entry
by the public other than owners, tenants, or guests.
2) It is required that Swimming Pools and Hot Tubs be drained in a manner that
does not direct water onto neighbouring properties.
SECTION 107: SURVEILLANCE RESIDENCE
1) A Surveillance Suite shall be compatible with and accessory to the Principal
Use on the subject Parcel; and be compatible with uses on adjoining
properties.
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2) A Surveillance Suite shall not interfere with future Development or land uses
on adjoining properties.
3) Where a Surveillance Suite is attached to the Principal Building on a Site by a
roof, an open or enclosed Structure, a floor, or a Foundation, it shall be treated
as part of the Principal Building.
4) Property line setbacks for Surveillance Suite shall be as per the regulation in
the applicable land use district.
5) A Surveillance Suite, as a detached Building, shall have a minimum Setback
to other Buildings of 1.83m (6.0 ft.) or as required to meet Safety Codes Act
requirements.
6) A Surveillance Suite shall not be located in the Front Yard of a Lot.
7) A Surveillance Suite shall have a minimum Floor Area of 46.45 m2 (500 ft2)
and a maximum Floor Area of 92.9 m2 (1,000 ft2), not including a Basement.
8) A Surveillance Suite shall be finished and maintained in a manner that is
compatible with the other Buildings on the subject property and surrounding
neighbourhood.
SECTION 108: UNDERGROUND SPRINKLER SYSTEMS
1) Except as provided below, underground sprinkler systems shall be regarded
as a Development not requiring a Development Permit.
2) Underground sprinkler systems within 30 metres of the top of valley of the
Little Paddle River shall require an approved Development Permit.
a) A development permit application under this section shall include a
geotechnical evaluation in accordance with the provisions of Section
3.2 of the MDP.
b) The Development Officer may include conditions on a development
approval to the goal of insuring slope stability.
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PART 8: SIGNAGE
SECTION 109: GENERAL SIGN PROVISIONS
1) Development Permits shall be required for all permanent signs within the Town.
All signs shall be subject to the following:
a) The Development Officer may, at their discretion, require an engineer-
approved plan prior to the issuance of a sign permit in order to ensure the
safe design and placement of a Sign, awning or Canopy.
b) Quality, aesthetic Character and finishing of Sign construction shall be to
the satisfaction of the Development Officer.
c) No person shall erect or place a Sign so that it would be considered, in the
opinion of the Development Authority, to be a traffic hazard or obstruct the
vision of vehicular traffic.
d) Where, in the opinion of the Development Officer, a proposed Sign in a
commercial or industrial land use district might be objectionable to a
resident in any adjacent residential land use district, the Development
Officer may impose such other regulations as they feel would protect the
interests of residents including but not limited to periodic checks of the light
being directed by a lighted Sign as well as controlling the hours that lighted
signs remain lighted.
e) Flashing, animated or interiorly illuminated signs shall not be permitted in
any land use district where, in the opinion of the Development Officer, they
might:
i.
affect residents in adjacent housing or residential land use districts,
or
ii.
interfere with or obstruct a motor vehicle driver's vision or
interpretation of oncoming traffic signs or traffic signal lights.
f) Notwithstanding Subsection (1), no person shall exhibit or place an
illuminated Sign that permits or provides for:
i.
a current interrupting or flashing device unless there is a continuous
source of concealed illumination on the translucent portions of the
Sign;
ii.
a flashing beacon of a type that is the same or similar to those used
by emergency vehicles;
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iii.
a flashing device, animator or revolving beacon within 50.29 m (165
ft.) of the intersection of two or more public roadways, or
iv.
a device that would be directly visible from any residential Building
within a distance of 50.29 m (165 ft.) of the Sign.
2) The area around Sign structures shall be kept clean and free of overgrown
vegetation and free from refuse material.
3) The Development Officer may require the removal of any Sign which, in their
opinion, is or has become unsightly or is in such a state of disrepair as to
constitute a hazard.
4) The Development Officer may require that the owner of any Sign indemnify
the Town in an insurance policy related to any approved private Sign.
SECTION 110: FREESTANDING SIGNS
1) Within all non-Residential Land Use Districts, one freestanding Sign may be
allowed per Site as follows:
a) The height of any freestanding Sign shall not exceed 9.1 m (30.0 ft.) from
Grade.
b) Any freestanding Sign shall not project to within 0.6m (2.0 ft.) of a property
line, or within 2.0 m (6.5 ft.) of overhead utility lines.
c) The total area of all freestanding signs on each Site shall not exceed 0.2 m2
(2.15 ft2)for each lineal metre of Street Frontage of the developed Site, to
a maximum of 12.0 m2 (129 ft2) for each Sign.
2) Freestanding signs shall:
a) be limited to advertising for the business or
businesses
of
the
property
on
which
application for Development Permit is being
made, and
b) not use animated or flashing lighting where
the same may be a nuisance to neighbouring
properties or businesses.
SECTION 111: BILLBOARD SIGNS
1) Billboard signs shall not be permitted in residential districts.
2) Billboard signs shall only be permitted on a long term or permanent basis on
properties adjacent:
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a) to Highway 22, or
b) to Highway 43.
3) Where Section (1) and (2) above are not
applicable, the Development Officer may issue a
permit for a billboard, subject to the permit
approval being issued for a maximum of one year
from the date of approval.
4) The
Development
Officer
shall
take
into
consideration the following aspects in ensuring
the proper design, Character, location and
construction of billboard signs:
a) Billboard signs must be compatible with the general architectural lines
and forms of adjacent Development,
b) All billboard signs must be of high quality construction, and
c) All billboard signs must be positioned so that they do not severely
obstruct the horizon line when viewed from vehicular traffic traveling
past them from any direction.
5) A billboard may only contain poster panels or bulletins up to 3.05 m (10 ft.)
by 6.1 m (20 ft.) in size.
6) The advertisement copy may be posted, glued, painted or otherwise fastened
to the billboard in order to permit periodic replacement.
7) A billboard facing, including border and trim but excluding the base, apron,
supports or other structural members shall not exceed 18.58 m2 (200 ft2) in
area.
8) The maximum size of a billboard referred to in Subsection (7) applies to each
facing of a billboard Structure and facings may be placed back-to-back or in a
V-shaped configuration.
9) A billboard Sign shall not be located within a minimum distance of 152.4 m
(500 ft.) from any other billboard Sign on the same side of the road.
10) A billboard Sign shall not project within 4.88 m (16 ft.) from the Parcel line.
11) The Development Officer shall ensure that a billboard located at the
intersection of any roadway with another public roadway is Setback an
appropriate distance for the purposes of safe and efficient movement of
traffic.
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12) Billboard facings may be illuminated by a constant source of light only, and
shall not be lit by a flashing, animated or intermittent light source.
13) In the case of community-oriented or public service-type billboards, the Town
may authorize the placement of such billboards on public roadway right-of-
ways notwithstanding Subsections (3) and (10).
SECTION 112: AWNING & CANOPY SIGNS
1) Subject to Subsection (2), awning or Canopy signs may be permitted in all but
residential land use districts.
2) In a residential land use district, awnings or canopies shall not be attached to
or be constructed so as to be considered a part of any Sign other than a house
or apartment name Sign.
3) The awning or Canopy Sign shall have a clearance of not less than 3.66 m (12
ft.) between the bottom of the Canopy or awning and the sidewalk, walkway
or ground level.
4) Where the front portion of a Building extends, or
is allowed to extend out to the front Parcel line,
the Canopy or awning Sign shall not project more
than 2.13 m (7.0 ft.) over the sidewalk and in no
case, shall any support pillar/pole forming part of
the awning or Canopy Sign project beyond the
front Parcel line.
5) Notwithstanding Subsections (3) and (4), no
Canopy Sign shall be permitted where, in the opinion of the Development
Officer, the Canopy or awning obstructs the free movement or access to
pedestrians, vehicles or repairs to overhead utility lines.
6) The print or lettering of awnings and canopies in all land use districts shall be
restricted to identification of the Building name or the proprietor's
identification.
7) The Development Officer may require that the applicant include the Town
within an insurance policy where awning or Canopy signs overhang public
walkways, Lanes, streets, or properties.
SECTION 113: PROJECTING SIGNS
1) In the C1-Downtown Core District and C2-General Commercial District, a
projecting Sign shall be permitted with the approval of the Development
Officer, as follows:
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a) For any Building located less than 6.1 m (20 ft.) from the property line, not
more than one projecting Sign, 2.32 m2 (25 ft2) or less in area, shall be
erected;
b) No part of the Sign shall:
i)
extend more than 2.13 m (7.0 ft.) above the parapet of the
Building;
ii)
extend more than 2.13 m (7.0 ft.) from the face of the Building;
or
iii)
be less than 3.05 m (10 ft.) above ground or sidewalk Grade.
2) Projecting signs shall be erected so that:
a) No part of the Sign shall be less than 3.05 m
(10 ft.) above the ground or sidewalk Grade;
b) No part of the Sign shall project more than 1.83
m (6.0 ft.) over public property, or come within
0.6 m (2 ft.) of the curb or edge of a roadway;
c) No part of the Sign shall project more than 0.91
m (3.0 ft.) above the top of the vertical face of
the wall to which it is attached;
d) The space between the Sign and supporting wall shall not be more than 0.6
m (2 ft.);
e) There shall be only one projecting Sign for each business Frontage, provided
that if a business Frontage shall exceed 100 ft. (30.48 m), a further
projecting Sign be permitted for each additional 100 ft. (30.48 m) or portion
thereof;
f) The permitted area of the Sign shall be related to the amount of projection
from the face of the Building, as follows:
Maximum Amount of
Projection
Maximum Area of Sign
2.43 m (8.0 ft.)
2.32 m2 (25 ft2 )
2.13 m (7.0 ft.)
2.60 m2 (28 ft2)
1.83 m (6.0 ft.)
3.16 m2 (34 ft2)
1.52 m (5.0 ft.)
4.46 m2 (48 ft2)
1.22 m (4.0 ft.)
5.57 m2 (60 ft2)
0.91 m (3.0 ft.)
6.97 m2 (75 ft2)
g) Sign area shall be computed exclusive of supports and structural members
provided that such supports and structural members are free of advertising
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and are so constructed that they do not form part of the advertisement;
and
h) Supports shall not be provided by an A-frame.
SECTION 114: ROOF SIGNS
1) Roof signs may be allowed in all land use districts except residential land use
districts.
2) No portion of a Sign shall overhang the roof on
which it is located.
3) No supporting structures shall be visible to the
public unless finished in an aesthetically pleasing
manner to the discretion of the Development
Officer.
4) Notwithstanding Sub-sections (2) and (3), inflated advertising signs may be
permitted as roof signs at the discretion of the Development Officer. Such
permits shall not be issued for a period greater than 6 months.
SECTION 115: WALL & FACIA SIGNS
1) Wall and fascia signs may be permitted in all land use districts, excepting
residential land use districts wherein it is permissible to have one non-
illuminated fascia Sign or nameplate to identify a Home Based Business not
greater than 0.28 m2 (3.0 ft2) in area placed within or flat against the Dwelling
unit or any Accessory Building.
2) Except where Subsection (3) and (4) are
applicable, one fascia Sign only will be
permitted to indicate the name and nature of
the occupancy for each occupancy within the
Development. The Sign shall not exceed a
height of 1.52 m (5.0 ft.) and a horizontal
dimension greater than the length of the bay
which the proprietor's Sign identifies. In no
case, shall the fascia Sign exceed 30% of the
Building face or bay which the Sign identifies.
3) Developments which are considered by the Development Officer to be double
fronting may apply for a fascia Sign permit for the second fronting Building
face.
4) In Developments containing more than two storey's, fascia signs shall only be
permitted on the Building face below the third Storey offices and bays.
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5) A wall Sign in a commercial or industrial land use district shall not exceed an
area of more than 45% of the wall to which it is attached.
6) A wall Sign shall not extend beyond the limits of the wall to which it is attached.
7) Where a wall mural is not to be used to advertise the business within the
Building upon which the mural is painted or any other business; the wall mural
may encompass 100% of the wall to which it is painted provided that the wall
Sign mural complies with approved design guidelines.
8) Fascia and wall signs for a commercial or industrial Building containing more
than one bay shall maintain the same Character and size of Sign throughout
the Building face and from bay to bay.
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PART 9: PARKING & LOADING
SECTION 116: OFF-STREET PARKING DESIGN
1) Parking stalls and Loading Spaces shall be clearly marked and regularly
maintained in the Parking facility.
2) Except where exempted through specific development permit approval, all Off-
Street Parking areas shall be separated from streets/sidewalks by a landscaped
buffer at least 0.91 m (3.0 ft.) in width.
3) Necessary curb-cuts shall be constructed according to Municipal Standards.
4) Where the Off-Street Parking spaces exceeds two stalls, each stall and access
from the Street shall be hard surfaced to Municipal Standards.
5) Parking areas shall be Graded in a manner that will not direct surface water
flows across the Parcel boundary unless where approved by the Development
Officer and/or Public Works Department.
6) Parking facilities shall be adequately lighted. Lighting shall not be directed
towards Parcels districted to a residential land use district or other Parcels
where the lighting may adversely impact the Parcel or its Use.
7) Parking for physically handicapped shall be provided in accordance with
Provincial Design Standards, and shall be clearly marked. As a guide, 5% of
customer/resident Parking stalls should be barrier free to a maximum of 4
stalls per business. Barrier free Parking should also be proximal to the main
entrance of the subject Building.
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8) All Parking areas shall conform to the following design standards, except where
varied by the Development Authority due to specific on-site considerations:
Parking
Angle
Width of Stall
Depth of Stall
Perpendicular to
Manoeuvring
Aisle
Width of Stall
Parallel to
Manoeuvring Aisle
Width of Manoeuvring Aisle
0°
30°
45°
60°
90°
2.59 m (8.5
ft.)
2.59 m (8.5
ft.)
2.59 m (8.5
ft.)
2.59 m (8.5
ft.)
2.59 m (8.5
ft.)
2.59 m (8.5 ft.)
4.88 m (16.0 ft.)
5.49 m (18.0 ft.)
5.79 m (19.0 ft.)
5.79 m (19.0 ft.)
6.71 m (22.0 ft.)
5.18 m (17.0 ft.)
3.57 m (11.7 ft.)
2.83 m (9.3 ft.)
2.59 m (8.5ft)
One Way 3.51 m (11.5
ft.)
One Way 3.51 m (11.5
ft.)
One Way 3.51 m (11.5
ft.)
One Way 5.79 m (19 ft.)
One Way 7.01 m (23 ft.)
9) All Parking areas and driveways other than in rear yards of industrial district
Parcels shall be paved or otherwise hard surfaced to municipal standards.
10) A lesser standard may be allowed where the fronting Street or Lane is not
paved, in which case the Parking area shall be surfaced to a same or similar
standard as the said Street or Lane.
SECTION 117: COMMUNAL PARKING
1) Parking in industrial, urban reserve and non-Highway commercial districts may
be pooled by the owner(s) of a Parcel(s) of land to meet the requirements of
this Part.
2) Where a group of uses is served by a communal Parking facility, the sum of all
individual uses shall be served by the Parking facility.
3) The demand on a communal Parking facility shall not exceed the capacity of
the facility without the approval of the Development Authority.
4) The Town may require an agreement to be entered into between the communal
Parking facility, the subject Use that is being served by the facility and the
Town; with the said agreement prepared and registered against the certificate
of title for the affected properties at the cost of the Developer.
5) Where various users on a Parcel have different peak times for Parking demand,
the Development Authority may consider reducing the number of Parking stalls
required for certain uses.
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SECTION 118: ON-STREET PARKING
1) On-Street Parking shall be prohibited except where allowed by the Town.
2) On-Street Parking shall not be used as a means to satisfy Parking requirements
in any district other than where approved by the Development Authority.
3) On-Street Parking shall not be used to satisfy Parking requirements for
secondary suites.
SECTION 119: OFF-STREET PARKING
1) Off-Street loading areas shall:
a) be of adequate size and area to accommodate the proposed Use,
b) shall not interfere with pedestrian or other customer traffic movements;
c) have a clearly defined traffic aisle to a Street or Lane;
d) be sited to an elevation or elevations convenient to a major floor level in
the Building or to a utility elevator serving each major floor level;
e) have an overhead clearance of no less than 5.49 m (18 ft.) above Grade;
f) be Graded and drained to dispose of all surface water in a manner
satisfactory to the Development Authority. Surface water shall not be
directed across sidewalks or property lines without the approval of the
Development Authority;
g) be surfaced in the same manner as the Off-Street Parking facility serving
the same Building; and
h) be Screened on each side adjoining or fronting any Parcel in a residential
district by a hedge, wall, earth berm or fence of no less than 1.52 m (5.0
ft.) in height to the satisfaction of the Development Authority.
SECTION 120: PARKING STALL REQUIREMENTS
1) Change of Use or the intensity of Use shall require a re-calculation of Parking
requirements under this Section and where applicable, under the applicable
section this Part of the Land Use Bylaw.
2) The number of Parking stalls required to serve a Use on-site may be adjusted
in accordance with Section 2 of this Part.
3) The Development Authority may assign a same or similar Use to one or more
of the requirements provided in the Table below.
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4) Where proposed Use(s) falls within one or more Parking requirements, the
number of Parking stalls required shall be the sum of those specified for each
individual Use.
5) Table 1 below provides minimum Parking stall requirements for individual land
uses. Some land uses have specific requirements provided in Part VIII of this
Bylaw.
Table 1: Parking Requirements:
RESIDENTIAL
One and two unit Dwellings
2 per Dwelling unit
Multiple unit Dwellings of one
bedroom or less per Dwelling unit
1.5 per Dwelling unit
Multiple unit Dwellings of two or
more bedrooms per Dwelling unit
2 per Dwelling unit
Senior
citizen
self
contained
Dwelling units
1 per Dwelling unit
COMMERCIAL
Business,
public
administration
and offices other than doctor and
dentist
1 per 40.0 m2 (430.0 ft2) of gross
leasable area
Medical and dental offices or clinics 1 space for each 30.0 m2 (323.0
ft2) of gross leasable area or 3
spaces for each full to part-time
professional, whichever is greater
Retail,
personal
service,
equipment, and repair shops with a
gross leasable Floor Area of 1000.0
m2 (10,764.0 ft2) or less
1 per 30.0 m2 (323.0 ft2) of gross
leasable Floor Area
Retail and personal service shops
and shopping centre Buildings with
a gross leasable area of between
1000.0
m2
and
4000.0
m2
(10,764.0 ft2 and 43,057.0 ft2)
1 per 20.0 m2 (215.0 ft2) of gross
leasable Floor Area
Retail and personal service shops
and shopping centre Buildings with
a gross leasable area of more than
1 per 17.0 m2 (183.0 ft2) of gross
leasable area
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4000.0 m2 (43,057.0 ft2) on one
Parcel
Restaurants, beer parlours and
cocktail bars
1 for each 6.0 m2 (65.0 ft2) of gross
Floor Area or 1 per five seating
spaces and 1 per three employees
at maximum shift, whichever is
greater
Drive-in
businesses
and
Car
Washing establishments
8 except where more are required
under other requirements of this
section
Restaurants
(food
exclusively
taken off-Parcel)
1 for each 13.0 m2 (140.0 ft2) of
gross Floor Area plus 1 for each
three employees on maximum shift
Hotels, motor hotels, motels and
apartment hotels
1 per sleeping unit and 1 space per
three employees on maximum shift
PLACES OF PUBLIC ASSEMBLY
Theatres,
auditoriums,
halls,
churches and other amusement or
recreational facilities
1 per 7.5 seating spaces or 1 per 7.0 m2
(75.0 ft2) used by the patrons, whichever
is greater
SCHOOLS
Elementary schools and junior high
schools
1 per School hour employee, and plus 5
Senior high schools which do not
include
an
auditorium,
gymnasium, or Swimming Pool
1 per School hour employee plus 1 for
every twenty students
INDUSTRIAL
Manufacturing
and
industrial
plants,
wholesale,
warehousing
and storage Buildings and yards,
servicing
and
repair
establishments,
research
laboratories
and
Public
Utility
Buildings
1 per employee on maximum shift. This
standard
may
be
varied
by
the
Development Officer to no fewer than 1
per three employees on maximum shift
where it can be shown by the applicant
that fewer stalls are required
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HOSPITALS
AND
SIMILAR
USES
Hospitals,
sanatoriums,
Group
Care Facilities, nursing homes,
convalescent homes, and senior
citizen's lodges
1 per 100.0 m2 (1,076.0 ft2) of Floor Area
or 1 per four beds and 1 for every two
employees
on
maximum
shift,
whichever is greater
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PART 10: DISTRICT REGULATONS
SECTION 121: PREAMBLE
1) The Town is divided into Land Use Districts and the boundaries of each and
every district are described on the Land Use District Map, which forms part of
this Bylaw.
2) Where uncertainty arises as to the precise location of the boundary of any
district as shown on the Land Use District Map, the following rules apply:
- Rule 1: Where the boundary is shown as following a public roadway or
Lane it shall be determined to follow the near side right of way boundary
of the roadway or Lane,
- Rule 2: Where a boundary is shown as approximately following a
property line, it shall be deemed to be following the said property line;
and
- Rule 3: In circumstances not covered by Rule 1 and Rule 2, the location
of the District boundary shall be determined by:
o Dimensions set out within the Land Use District map, or
o Dimensions as established through the Use of the scale bar shown
on the Land Use District Map.
3) Where Land Use Districts are established as part of the Subdivision process,
the districts shall be understood to conform to the boundaries shown on the
plan of survey or the Certificate of Title for the subject Parcel.
4) The District regulations do not apply to public roadways, Lanes, or public
utilities.
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SECTION 122: RESIDENTIAL - R1 (LOW DENSITY)
1) PURPOSE:
The purpose of this District is to
accommodate low density residential
Development and associated land
uses or Buildings that are compatible
with the neighbourhood.
2) BUILDINGS AND USES
PERMITTED
DISCRETIONARY
Accessory Building
Bed and Breakfast
Accessory Use
Child Care Services
Dwelling - Single Detached
Franchise Utility
Franchise Utility Building
Group Home
Home Occupation
Mixed Use
Parks and Playgrounds
Portable Building
Public Use
Public Utility
Public Utility Building
Secondary Suite
Show Home
3) DISTRICT REGULATIONS
a) Parcel Coverage:
i. Except where noted in this Bylaw, Parcel coverage is limited to the
Parcel Area less that which is required to accommodate property
line Setback areas.
b) Minimum Floor Area:
i. The minimum residential Floor Area within this District shall be no
less than 79.0 m2 (850 ft2).
ii. Single detached residential Dwellings within Mills Acres (originally
Plan No. 802-1844 and as shown below) shall have a minimum
Floor Area of no less than 111.5 m2 (1200 ft2).
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Figure: Mills Acres Neighbourhood
c) Maximum Height:
i.
The height of all structures shall not exceed 9.0 metres (29.5 ft.),
subject to other provisions of this Bylaw.
d) Parcel Dimensions:
i.
No Parcel shall be less than 34.0 metres (111.5 ft.) in depth.
ii.
the minimum Parcel width shall be no less than:
Laned Subdivisions
Internal Parcels 15.0 m (49.2 ft.)
Corner Parcels
17.0 m (55.8 ft.)
Laneless Subdivisions
Internal Parcels
Corner Parcels
18.0 m (59.0 ft.)
20.0 m (65.6 ft.)
e) Parcel Area:
i.
The minimum Parcel Area for residential Parcels within this District are:
Laned Subdivisions
Laneless Subdivisions
Internal Parcel 510m2 (5,490 ft2.)
612m2 (6,588 ft2.)
Corner Parcel
578m2 (6,222 ft2.)
680m2 (7,319 ft2.)
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f) Property Line Setbacks:
i.
The minimum property line Setback for residential Parcels within this
District are:
Laned Subdivisions
Laneless Subdivisions
Front Yard
7.0 m (22.9 ft.)
7.0 m (22.9 ft.)
Rear Yard
8.0 m (26.2 ft.)
8.0 m (26.2 ft.)
Side Yard
1.5 m (4.9 ft.)
1.5 m (4.9 ft.)ii
Flanking Yard
1.5 m (4.9 ft.)
1.5 m (4.9 ft.)
ii.
In a Laneless Subdivision where an attached Garage or car port has not
been constructed, one Side Yard shall be a minimum of 3.2 m (10.5
ft.) for the purpose of allowing access to the rear of the Lot.
4) OTHER REQUIREMENTS
a) Garage vehicle doors fronting a Street or Lane shall have a minimum
Setback to the Street or Lane of 6.0 metres (19.7 ft.).
5) SUPPLEMENTAL REGULATIONS
a) Secondary Suites are subject to Section 84: Secondary Suites. A detached
Secondary Suite is only permitted within the Mills Acres neighbourhood as
described above in Sub-section (3.b.ii)
b) Show Homes in unserviced areas shall not be occupied for residential Use.
c) Setbacks from non-operating landfills as described in Section 3.2 of the
MDP and Section 60 of this Bylaw apply.
d) Mixed Use uses subject to compliance with Section 100 of this Bylaw.
(Bylaw 1094)
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SECTION 123: RESIDENTIAL - R2 (MIXED HOUSING)
1) PURPOSE:
The purpose of this District is to
accommodate
a
variety
of
low
density housing types such as Single
Detached, Manufactured Homes and
duplex Dwellings.
2) BUILDINGS AND USES
PERMITTED
DISCRETIONARY
Accessory Building
Bed and Breakfast
Accessory Use
Child Care Services
Dwelling - Duplex
Franchise Utility
Dwelling - Manufactured Home
Franchise Utility Building
Dwelling - Single Detached
Group Home
Home Occupation
Parks and Playgrounds
Portable Building
Public Use
Public Utility
Public Utility Building
Secondary Suite
Show Home
3) DISTRICT REGULATIONS
a) Parcel Coverage:
i.
Except where noted in this Bylaw, Parcel coverage is limited to the
Parcel Area less that which is required to accommodate property
line Setback areas.
b) Minimum Floor Area:
i.
The minimum residential Floor Area within this District shall be no
less than 79.0 m2 (850 ft2).
c) Maximum Height:
i.
The height of all structures shall not exceed 9.0 metres (29.5 ft.),
subject to other provisions of this Bylaw.
d) Parcel Dimensions:
i.
No Parcel shall be less than 34.0 metres (111.5 ft.) in depth.
ii.
The minimum Parcel width shall be no less than:
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Laned Subdivisions
Internal Parcels 15.0 m (49.2 ft.)
Corner Parcels
17.0 m (55.8 ft.)
Laneless Subdivisions
Internal Parcels
Corner Parcels
18.0 m (59.0 ft.)
20.0 m (65.6 ft.)
e) Parcel Area:
i.
The minimum Parcel Area for residential Parcels within this District are:
Laned Subdivisions
Laneless Subdivisions
Internal Parcel 510m2 (5,490 ft2.)
612m2 (6,588 ft2.)
Corner Parcel
578m2 (6,222 ft2.)
680m2 (7,319 ft2.)
f) Property Line Setbacks:
i.
The minimum property line setbacks for residential Parcels within this
District are:
Laned Subdivisions
Laneless Subdivisions
Front Yard
7.0 m (22.9 ft.)
7.0 m (22.9 ft.)
Rear Yard
8.0 m (26.2 ft.)
8.0 m (26.2 ft.)
Side Yard
1.5 m (4.9 ft.)
1.5 m (4.9 ft.)ii
Flanking Yard
1.5 m (4.9 ft.)
1.5 m (4.9 ft.)
iii.
In a Laneless Subdivision where an attached Garage or car port has not
been constructed, one Side Yard shall be a minimum of 3.2 m (10.5
ft.) for the purpose of allowing access to the rear of the Lot.
4) OTHER REQUIREMENTS
a) Garage vehicle doors fronting a Street or Lane shall have a minimum
Setback of 6.0 metres (19.7 ft.).
5) SUPPLEMENTAL REGULATIONS
a) Show Homes in unserviced areas shall not be occupied for residential Use.
b) Setbacks from non-operating landfills as described in Section 3.2 of the
Municipal Development Plan and Section 60 of this Bylaw apply.
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SECTION 124: RESIDENTIAL - R3 (MEDIUM DENSITY)
1) PURPOSE:
The purpose of this District is to
accommodate
higher
density
Dwellings.
2) BUILDINGS AND USES
PERMITTED
DISCRETIONARY
Accessory Building
Bed and Breakfast
Accessory Use
Child Care Services
Dwelling - Duplex
Dwelling - Single Detached
Dwelling - Fourplex
Group Home
Dwelling - Row Housing
Home Occupation
Dwelling - Triplex
Franchise Utility
Franchise Utility Building
Parks and Playgrounds
Portable Building
Public Use
Public Utility
Public Utility Building
Secondary Suite
Show Home
3) DISTRICT REGULATIONS
a) Parcel Coverage:
i.
Except where noted in this Bylaw, Parcel coverage is limited to the
Parcel Area less that which is required to accommodate property
line Setback areas.
b) Minimum Floor Area:
ii.
The minimum residential Floor Area within this District shall be no
less than 79.0 m2 (850 ft2).
c) Maximum Height:
i.
The height of all structures shall not exceed 9.0 metres (29.5 ft.),
subject to other provisions of this Bylaw.
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d) Parcel Dimensions:
i.
No Parcel shall be less than 34.0 metres (111.5 ft.) in depth.
ii.
The minimum Parcel width shall be no less than:
Laned Subdivisions
Internal Parcels 15.0 m (49.2 ft.)
Corner Parcels
17.0 m (55.8 ft.)
Laneless Subdivisions
Internal Parcels
Corner Parcels
18.0 m (59.0 ft.)
20.0 m (65.6 ft.)
e) Parcel Area:
i.
The minimum Parcel Area for residential Parcels within this District are:
Laned Subdivisions
Laneless Subdivisions
Internal Parcel 510m2 (5,490 ft2.)
612m2 (6,588 ft2.)
Corner Parcel
578m2 (6,222 ft2.)
680m2 (7,319 ft2.)
f) Property Line Setbacks:
i.
The minimum Parcel Area for residential Parcels within this District are:
Laned Subdivisions
Laneless Subdivisions
Front Yard
7.0 m (22.9 ft.)
7.0 m (22.9 ft.)
Rear Yard
8.0 m (26.2 ft.)
8.0 m (26.2 ft.)
Side Yard
1.5 m (4.9 ft.)
1.5 m (4.9 ft.)ii
Flanking Yard
1.5 m (4.9 ft.)
1.5 m (4.9 ft.)
ii.
In a Laneless Subdivision where an attached Garage or car port has not
been constructed, one Side Yard shall be a minimum of 3.2 m (10.5
ft.) for the purpose of allowing access to the rear of the Lot.
4) OTHER REQUIREMENTS
a)
Garage vehicle doors fronting a Street or Lane shall have a minimum
Setback of 6.0 metres (19.7 ft.).
5) SUPPLEMENTAL REGULATIONS
a)
Show Homes in unserviced areas shall not be occupied for residential
Use.
b)
Setbacks from non-operating landfills as described in Section 3.2 of the
Municipal Development Plan and Section 60 of this Bylaw apply.
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SECTION 125: RESIDENTIAL - R4 (HIGH DENSITY HOUSING)
1) PURPOSE:
The purpose of this District is to
accommodate high density Dwellings
as the predominant land use.
2) BUILDINGS AND USES
PERMITTED
DISCRETIONARY
Accessory Building
Accessory Use
Convenience Services
Apartment
Day Care Facility
Dwelling Row- Housing
Franchise Utility
Franchise Utility Building
Group Care Facility
Home Occupation
Parks and Playgrounds
Portable Building
Public Use
Public Utility
Public Utility Building
Retail Services
Secondary Suite
Show Home
3) DISTRICT REGULATIONS
a) Parcel Coverage:
i.
Except where noted in this Bylaw, Parcel coverage is limited to the
Parcel Area less that which is required to accommodate property
line Setback areas.
b) Minimum Floor Area:
i.
The minimum residential Floor Area within this District shall be
appropriate for the desired land use and shall not be less than 41.8
m2 (450 ft2.) for Apartment or Row Housing Dwellings.
ii.
The minimum retail Floor Area within an apartment block shall be
at the discretion of the Development Officer.
c) Maximum Height:
i.
The height of all structures shall not exceed 9.0 metres (29.5 ft.),
subject to other provisions of this Bylaw.
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d) Parcel Dimensions:
i.
No Parcel shall be less than 38.0 metres (124.6 ft.) in depth.
ii.
The minimum Parcel width shall be no less than:
Laned Subdivisions
Internal Parcels 22.0 m (72.1 ft.)
Corner Parcels
27.0 m (88.5 ft.)
e) Parcel Area:
i.
The minimum Parcel Area for residential Parcels within this District
are:
Laned Subdivisions
Internal Parcel 836.0m2 (5,490 ft2.)
Corner Parcel
1,026.0m2 (6,222 ft2.)
f) Property Line Setbacks:
i.
The minimum property line setbacks for Parcels within this District
are:
Laned Subdivisions
Front Yard
7.0 m (22.9 ft.)
Rear Yard
8.0 m (26.2 ft.)
Side Yard
1.5 m (4.9 ft.)
Flanking Yard
1.5 m (4.9 ft.)
ii.
Apartment blocks are subject to expanded Side Yard requirements
pursuant to Section 80 of this Bylaw.
4) OTHER REQUIREMENTS
a) Commercial uses shall only be considered as an Accessory Use on the
ground floor of an apartment Building.
b) Common areas are subject to Section 80 of this Bylaw.
c) Lands under this District shall be Screened from abutting lower density
residential districted Parcels in accordance with Section 80 of this Bylaw.
5) SUPPLEMENTAL REGULATIONS
a) Show Homes in unserviced areas shall not be occupied for residential Use.
b) Setbacks from non-operating landfills as described in Section 3.2 of the
Municipal Development Plan and Section 60 of this Bylaw apply.
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SECTION 126: RESIDENTIAL - R5P (RESIDENTIAL PARK)
1) PURPOSE:
The purpose of this District is to
accommodate Residential Park which
allows
for
multiple
detached
residences and secondary uses on a
single Parcel.
2) BUILDINGS AND USES
PERMITTED
DISCRETIONARY
Accessory Building
Accessory Use
Dwelling - Single Detached
Bed and Breakfast
Dwelling - Manufactured Home
Child Care Services
Dwelling - Duplex
Convenience Services
Residential Park
Dwelling - Mobile Home
Home Based Business
Parks and Playground
Portable Building
Public Use
Public Utility
Public Utility Building
Quasi - Public Use
Sales Office
Secondary Suite
Show Home
3) DISTRICT REGULATIONS
a) Parcel Coverage:
i.
Except where noted in this Bylaw, Parcel coverage is limited to the
Parcel Area less that which is required to accommodate property
line Setback areas or in the case of a rental stall, setbacks from the
outer dimensions of the stall.
ii.
A minimum of 10% of the Park area should be provided as Park and
open space.
b) Minimum Parcel Area:
i. The are for a Parcel within this District shall be 0.8 ha. (2 ac.)
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c) Maximum Height:
i.
The height of all structures shall not exceed 9.0 metres (29.5 ft.),
subject to other provisions of this Bylaw.
d) Stall Dimensions:
i.
Where the Park is for the purpose of housing Dwellings with a length
to width ratio no less than 3:1, all residential stalls shall be large
enough to accommodate a minimum 18.3 m (60 ft.) long residence
with a minimum width of 6.1m (20 ft.).
ii.
Other residential types shall have minimum stall dimensions
equivalent to those provided in the Residential - R2 District.
iii.
A Trailer Park (Plan No. 112-0370) is designated as a Manufactured
Home Park for the purpose of Section 284(n)of the MGA and is
grandfathered as a Park with respect to Parcel and stall dimension
requirements.
e) Property Line Setbacks:
i.
The minimum Parcel property line setbacks for residential Parcels
within this District are:
Front Yard
7.0 m (22.9 ft.)
Rear Yard
6.0 m (19.7 ft.)
Side Yard
1.5 m (4.9 ft.)
Flanking Yard
1.5 m (4.9 ft.)
4) OTHER REQUIREMENTS
a) Residences within a residential Park under this District must be of same or
similar design and appearance including length to width ratio within the
entire Parcel.
b) The Discretionary Use: Mobile Home, applies to existing Mobile Homes
within an existing residential Park. This Use does not apply to relocation or
replacement of a Mobile Home within a stall in a residential Park.
5) SUPPLEMENTAL REGULATIONS
a)
Show Homes in unserviced areas shall not be occupied for residential Use.
b) Setbacks from non-operating landfills as described in Section 3.2 of the
Municipal Development Plan and Section 60 of this Bylaw apply.
c) Front yard setbacks may be reduced to 4.6 metres (15.1 ft.) in a newly
developed residential Park.
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SECTION 127: RESIDENTIAL - R5S (RESIDENTIAL)
1) PURPOSE:
The purpose of this District is to
accommodate Dwellings that are
longer and narrower than those on
traditional Single Detached Dwelling
Lots.
2) BUILDINGS AND USES
PERMITTED
DISCRETIONARY
Accessory Building
Accessory Use
Dwelling - Manufactured Home
Bed and Breakfast
Dwelling - Single Detached
Child Care Services
Dwelling - Mobile Home
Home Based Business
Parks and Playground
Portable Building
Public Use
Public Utility
Public Utility Building
Quasi - Public Use
Sales Office
Secondary Suite
Show Home
3) DISTRICT REGULATIONS
a) Parcel Coverage:
i.
Except where noted in this Bylaw, Parcel coverage is limited to the
Parcel Area less that which is required to accommodate property line
Setback areas.
b) Maximum Height:
i.
The height of all structures shall not exceed 9.0 metres (29.5 ft.),
subject to other provisions of this Bylaw.
c) Parcel Dimensions:
i.
All residential Parcels shall be large enough to accommodate a
minimum 18.3 m (60 ft.) long residence with a minimum width of 6.1
m (20 ft.).
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ii.
Parcels created under this District should have same or similar
dimensions (Parcel depth) to adjoining Parcels under the same
District.
d) Parcel Area:
i.
The minimum Parcel Area for residential Parcels is 300 m2 (3,229 ft2.)
e) Property Line Setbacks:
ii.
The minimum property line setbacks for residential Parcels within this
District are:
Laned Subdivisions
Laneless Subdivisions
Front Yard
4.6 m (15.1 ft.)
4.6 m (15.1 ft.)
Rear Yard
8.0 m (26.2 ft.)
8.0 m (26.2 ft.)
Side Yard
1.5 m (4.9 ft.)
1.5 m (4.9 ft.)ii
Flanking Yard
1.5 m (4.9 ft.)
1.5 m (4.9 ft.)
4) OTHER REQUIREMENTS
a) The Discretionary Use: Mobile Home, applies to existing Mobile Homes
within an existing residential Subdivision. This Use does not apply to
relocation or replacement of a Mobile Home within a stall in a residential
Subdivision.
5) SUPPLEMENTAL REGULATIONS
a) Show Homes in unserviced areas shall not be occupied for residential Use.
b) Setbacks from non-operating landfills as described in Section 3.2 of the
Municipal Development Plan and Section 60 of this Bylaw apply.
c) All Dwellings shall be a minimum of 3:1 in length to width.
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SECTION 128: RESIDENTIAL - RW (LIVE/WORK)
1) PURPOSE:
The purpose of this District is to
provide for a low density Mixed Use
Development in the form of a
Live/Work community.
2) BUILDINGS AND USES
PERMITTED
DISCRETIONARY
Accessory Use
Animal Care Facility (Large Animal)
Accessory Building
Animal Care Facility (Small Animal)
Commercial (Live/Work)
Bed and Breakfast
Dwelling - Single Detached
Home Occupation
Dwelling - Manufactured Home
Public Use
Kennel
Public Utility
Veterinary Clinic
Public Utility Building
Quasi - Public Use
Secondary Suite
Show Home
3) DISTRICT REGULATIONS
a) Parcel Coverage:
i.
Except where noted in this Bylaw, Parcel coverage is limited to the
Parcel Area less that which is required to accommodate property line
Setback areas.
b) Maximum Height:
i.
The height of all structures shall not exceed 9.0 metres (29.5 ft.),
subject to other provisions of this Bylaw.
c) Parcel Dimensions:
i.
Minimum Width: 15 m. (49 ft.)
ii.
Minimum Depth: 30 m. (98.4 ft.)
iii.
Parcels created under this District should have same or similar
dimensions (Parcel depth) to adjoining Parcels under the same
District.
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d) Parcel Area:
i.
The minimum Parcel Area for residential Parcels is 0.1ha. (0.25 ac.)
e) Property Line Setbacks:
i.
The minimum property line setbacks for residential Parcels within this
District are:
Laned Subdivisions
Laneless Subdivisions
Front Yard
7.0 m (22.9 ft.)
7.0 m (22.9 ft.)
Rear Yard
8.0 m (26.2 ft.)
8.0 m (26.2 ft.)
Side Yard
1.5 m (4.9 ft.)
1.5 m (4.9 ft.)ii
Flanking Yard
1.5 m (4.9 ft.)
1.5 m (4.9 ft.)
4) OTHER REQUIREMENTS
a) Residences shall have an outdoor Amenity Space of no less than 55.7 m2
(600 ft2).
b) Commercial uses shall be limited to the first Storey and shall have a
separate outside entry from that of the residential Use if sharing the same
Building.
c) Commercial uses contemplated under this District include, but are not
limited to:
i.
Owner/Operator businesses that have a maximum of three (3) off-
site employees on-site at the same time.
d) Noise such as commercial or industrial diesel engines running during the
evening, loading of construction equipment and other similar noise impacts
are determined by the Development Officer to be acceptable and in keeping
with the characteristics of this District.
e) Land to be considered under this District is subject to Section 98 of this
Bylaw. (Bylaw 1094)
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SECTION 129: COMMERCIAL - C1 (DOWNTOWN CORE)
1) PURPOSE:
The purpose of this District is to
provide for office, retail, and personal
service businesses as the Principal
Uses; with a focus on adding to the
Character of the downtown area of
Mayerthorpe.
2) BUILDINGS AND USES
PERMITTED
DISCRETIONARY
Convenience Services
Child Care Services
Entertainment Establishment (Indoor)
Family Care Services
Funeral Home
Public Use
Indoor Eating Establishment
Public Utility Building
Medical Services
Quasi - Public Use
Parking Services
Mixed Use
Parks and Playgrounds
Secondary Suite
Pet Care and Grooming Services
Accessory Building
Pop-up Retail
Accessory Use
Professional Services
Portable Building
Restaurant Services
Public Utility
Retail Services
Accessory Food Service
Veterinary Clinic
Accessory Liquor Service
Mini Storage (Bylaw 1080)
Cannabis
Reail
Sales
(Bylaw
1094)
3) DISTRICT REGULATIONS
a) Parcel Coverage:
i.
Except where noted in this Bylaw, Parcel coverage is limited to the
Parcel Area less that which is required to accommodate property line
Setback areas except where zero-Lot lines are approved.
ii.
All properties shall include adequate provision for Parking, loading and
garbage facilities.
b) Maximum Height:
i.
The height of all structures shall not exceed 12.0 metres (39.4 ft.),
subject to other provisions of this Bylaw.
c) Parcel Dimensions:
i.
All Parcels shall be of sufficient dimension to accommodate the
proposed Use.
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d) Parcel Area:
i.
Minimum area is at the discretion of the Subdivision Authority, which
may request a plot plan of the proposed Building or Use for the property
as part of the Subdivision application where the proposed property has
a Frontage less than 6.0 metres (19.7 ft.)
e) Property Line Setbacks:
i.
Property line setbacks are at the discretion of the Development Officer.
ii.
Where a property under this district abuts the Side Yard of a Residential
District not within the designated Mixed Use Area described in Section
100 of this Bylaw, a Side Yard of 1.5 metres (4.9 ft.) or 40% of the
height of the commercial Building, whichever is greater, shall be
provided. (Bylaw 1094)
4) DISTRICT REGULATIONS
a) The Discretionary Use, Mini-Storage, is restricted to an existing mini-
storage facility located on Lot A, Plan 3623 NY (Bylaw 1080)
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SECTION 130: COMMERCIAL - C2 (GENERAL COMMERCIAL)
1) PURPOSE:
This District is generally intended to
provide for retail and service oriented
uses which require larger storage
and
display
area
or
Highway
exposure.
2) BUILDINGS AND USES
PERMITTED
DISCRETIONARY
Automobile Sales
Accessory Building
Automobile Service Centre
Accessory Food Service
Auction Sales
Accessory Use
Car Wash
Campground
Commercial
Accommodation
(Long
Term)
Caretaker's Residence
Farm Equipment Sales and Service
Convenience Services
Gas Bar
Entertainment Establishment
(Indoor)
Home Sales
Entertainment Establishment
(Outdoor)
Hotel
Indoor Eating Establishment
Motel
Parks and Playgrounds
R.V. Sales and Service
Pet Care and Grooming Centre
Service Station
Portable Building
Veterinary Clinic
Public Use
Professional Services
Public Utility
Personal Services
Public Utility Building
Restaurant
Quasi - Public Use
Retail Services
Show Home
Shopping Centre
Manufacturing Services (Bylaw
1099)
Cannabis
Manufacturing
(Bylaw 1094)
Cannabis Retail Sales (Bylaw
1094)
3) DISTRICT REGULATIONS
a) Parcel Coverage:
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i.
Except where noted in this Bylaw, Parcel coverage is limited to the
Parcel Area less that which is required to accommodate property line
Setback areas except where zero-Lot lines are approved. Building
coverage should not exceed 50% of the total Parcel Area.
ii.
All properties shall include adequate provision for Parking, loading and
garbage facilities.
b) Maximum Height:
i.
The height of all structures shall not exceed 11.0 metres (36.1 ft.),
subject to other provisions of this Bylaw.
c) Parcel Dimensions:
i.
All Parcels shall have a minimum Frontage of 40 metres (131.2 ft.)
d) Parcel Area:
i.
Minimum Parcel Area is at the discretion of the Subdivision Authority,
but should be no less than 0.15 ha. (0.37 ac.).
e) Property Line Setbacks:
i.
Property line setbacks are at the discretion of the Development Officer.
ii.
Where a property under this district abuts the Side Yard of a Residential
District not within the designated Mixed Use Area; a Side Yard of 1.5
metres (4.9 ft.) or 40% of the height of the commercial Building,
whichever is greater, shall be provided.
4) OTHER REQUIREMENTS
a)
Show Homes are for display Use only.
b)
That manufacturing services as an industrial use within this Commercial
District be subject to the same character and appearance standards as
adjoining land uses within the same District. (Bylaw 1099)
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SECTION 131: INDUSTRIAL - M1
1) PURPOSE:
This District is generally intended to
provide for industrial Buildings and
uses
that
contain
any
adverse
impacts within the Parcel.
2) BUILDINGS AND USES
PERMITTED
DISCRETIONARY
Animal Care Facility (Large Animal)
Accessory Building
Auction Sales
Accessory Use
Car Wash
Adult Entertainment
Commercial Greenhouse
Amusement Establishment
(Indoor/Outdoor)
General Industrial Use
Caretaker's Residence
Light Industrial Use
Marijuana Facility
Manufacturing Services
Petroleum Facility
Mini-Storage
Portable Building
Veterinary Clinic
Professional Services
Public Use
Public Utility
Public Utility Building
Quasi - Public Use
Recycling Facility
Retail Establishment
Shipping Container
Show Home
Cannabis Commercial
Cultivation (Bylaw No.
1094)
Cannabis Manufacturing
(Bylaw 1094)
3) DISTRICT REGULATIONS
a) Parcel Coverage:
i.
Building coverage shall not exceed 60% of the total Parcel Area.
ii.
All properties shall include adequate provision for Parking, loading and
garbage facilities.
b) Maximum Height:
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i.
The height of all structures shall not exceed 12.2 metres (40.1 ft.),
subject to other provisions of this Bylaw.
c) Parcel Dimensions:
i.
All Parcels shall have a minimum Frontage of 40 metres (131.2 ft.)
d) Parcel Area:
i.
Minimum Parcel Area is at the discretion of the Subdivision Authority,
but should be no less than 0.4 ha. (1.0 ac.).
e) Property Line Setbacks:
i.
Front Yard: 6.0 m (19.7 ft.)
ii.
Rear Yard: 5.0 m (16.4 ft.)
iii.
Side Yard: 1.5 m (4.9 ft.)
iv.
Flanking Yard: 1.5 m (4.9 ft.)
v.
All properties shall be developed to allow for vehicular access from the
Front Yard to the Rear Yard from within the said property.
4) OTHER REQUIREMENTS
a)
Restaurant and Indoor eating establishments within this District shall be
accessory to other uses such as Commercial Accommodations.
b)
Car wash establishments within this District shall accommodate vehicles
such as industrial vehicles or large trucks and trailers.
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SECTION 132: URBAN SERVICES - US
1) PURPOSE:
This District is generally intended to
provide
for
institutions
and
community services primarily, but
not exclusively offered by municipal
and community organizations.
2) BUILDINGS AND USES
PERMITTED
DISCRETIONARY
Day Care Facility
Accessory Building or Use
Extended Medical Treatment Facility
Accessory Food Service
Group Care Facility Hospital
Cemetery
Parks and Playgrounds
Helipad
Place of Worship
Manse
Protective and Emergency Services
Professional Services
School
Public Use
Travel Information Centre
Public Utility
Public Utility Building
Quasi - Public Use
Restaurant Services
3) DISTRICT REGULATIONS
a)
Development requirements for Building Floor Area, property line
setbacks, landscaping, buffering and Screening, and Parking shall be at
the discretion of the Development Authority.
b)
Restaurant services and Accessory Food Service shall be an secondary
to a Permitted Use.
c)
Helipads are restricted to an Accessory Use to a Protective and
Emergency Services.
d)
Professional Services within this District shall be accessory to an existing
urban service Use such as a Medical Office within a health care facility.
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SECTION 133: PARKS AND RECREATION - P
1) PURPOSE:
This District is generally intended to
establish an area for recreation and
leisure activities on municipal and
other publicly owned lands.
2) BUILDINGS AND USES
PERMITTED
DISCRETIONARY
Parks and Playgrounds
Accessory Building or Use
Recreation facility
Accessory Food Service
Public Use
Public Utility
Public Utility Building
Quasi - Public Use
3) DISTRICT REGULATIONS
a)
Development requirements for Building Floor Area, property line
setbacks, landscaping, buffering and Screening, and Parking shall be at
the discretion of the Development Authority.
TOWN OF MAYERTHORPE: LAND USE BYLAW
Bylaw No. 1066 consolidated to September 2020
P a g e : 134
SECTION 134: URBAN RESERVE - UR
1) PURPOSE:
This District is generally intended to
provide limited land use on lands
designated
for
future
urban
Development.
All
Development
approved within this District shall be
compatible with future conversion to
urban style neighbourhoods.
2) BUILDINGS AND USES
PERMITTED
DISCRETIONARY
School
Accessory Building or Use
Parks and Playgrounds
Public Use
Extensive Agriculture
Public Utility
Dwelling - Single Detached
Public Utility Building
Dwelling - Manufactured Home
Quasi - Public Use
Dwelling - Mobile Home
Secondary Suite
Animal Care Facility (Large Animal)
Veterinary Clinic
Cannabis
Commercial
Cultivation
(Bylaw 1094)
3) DISTRICT REGULATIONS
a) Development requirements for Building Floor Area, property line
setbacks, landscaping, buffering and Screening, and Parking shall be at
the discretion of the Development Authority.
b) A Veterinary Clinic shall be connected to a Large Animal Care Facility.
c) Mobile Home are restricted to existing homes only.
d) Subdivision other than for a farmstead separation or a Public Use shall
require an Area Structure Plan or outline plan at the discretion of the
Subdivision Authority.
TOWN OF MAYERTHORPE: LAND USE BYLAW
Bylaw No. 1066 consolidated to September 2020
P a g e : 135
SECTION 135: DIRECT CONTROL - DC
1) PURPOSE:
This District is intended to be applied
on lands where traditional Land Use
Districts are unable to address
particular land use issues.
2) BUILDINGS AND USES
a) All Buildings and Uses shall be determined by Council.
3) DISTRICT REGULATIONS
a) All Site requirements shall be determined by Council with due regard to the
advice provided by the Development Officer and/or Planning Officer of the
Town.
TOWN OF MAYERTHORPE: LAND USE BYLAW
Bylaw No. 1066 consolidated to September 2020
P a g e : 136
LAND USE BYLAW MAP
TOWN OF MAYERTHORPE: LAND USE BYLAW
Bylaw No. 1066 consolidated to September 2020
P a g e : 137
TOWN OF MAYERTHORPE: LAND USE BYLAW
Bylaw No. 1066 consolidated to September 2020
P a g e : 138
FORMS