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TOWN OF MILK RIVER
LAND USE BYLAW
NO. 997
December 2016
Consolidated to Bylaw No. 1017, February 2019
Prepared by the
TOWN OF MILK RIVER
IN THE PROVICE OF ALBERTA
BYLAW NO. 997
BEING a bylaw of the Town of Milk River, in the Province of Alberta, to adopt a new Land Use
Bylaw;
WHEREAS section 639 of the Municipal Government Act, Revised Statutes of Alberta 2000,
Chapter M-26, as amended, requires the passage of a Land Use Bylaw;
AND WHEREAS the Council of the Town of Milk River wishes to adopt a new Land Use Bylaw for
the purposes of:
.
updating and enhancing standards regarding the use and development of land within the
Town;
.
incorporating new land uses and standards for uses within the Town;
.
expanding and updating the Administrative section to provide more detail and clear
regulation pertaining to processing, public notification, decision-making, and application of
conditions for development permit applications;
.
complying with the provisions of the South Saskatchewan Regional Plan and Municipal
Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as amended.
AND WHEREAS the Land Use Bylaw is intended to foster orderly growth and development within
the Town of Milk River;
AND WHEREAS the bylaw is adopted
in accordance with section 692 of the Municipal
Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as amended;
NOW THEREFORE,
under the authority and subject to the provisions of the
Municipal
Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as amended, the Council of
the Town of Milk River duly assembled does hereby enact the following:
1.
Bylaw No. 821, being the former Land Use Bylaw, and any amendment thereto, is hereby
rescinded.
2.
Bylaw No. 997 shall come into effect upon third and final reading thereof.
3.
Bylaw No. 997 is hereby adopted.
2th day of
Mayor --
avid Hawco
Town of Milk River Land Use Bylaw No. 997 Amendments - Page 1
Town of Milk River Land Use Bylaw No. 997 - Amendments
Bylaw No.
Amendment Description
Legal Description
Passed
1012
Various text amendments to classify a retail cannabis
store as a discretionary use in the Retail/General
Commercial - C-1 land use district and include
accompanying use specific standards, rename a medical
marihuana production facility as a cannabis production
facility and update the accompanying standards, and
amend and include applicable definitions
13-Aug-2018
1016
Various text amendments to enhance and clarify
administrative procedures and Development Officer
functions including granting of waivers to bylaw
standards and issuing decisions on certain fencing
applications, expand allowances for shipping containers
in residential districts and correct minor clerical errors
and government department name changes.
11-Feb-2019
1017
Assign or change the designation of lands affected by
the annexation under Order in Council 263/2017:
Designated to "Railway - RY";
"Linear Parcel Direct Control (LPDC)" to "Railway - RY"
"Urban Fringe (UF)" to "Railway - RY";
"Urban Fringe (UF)" to no zoning designation;
"Linear Parcel Direct Control (LPDC)" to "Railway - RY"
Extra Road, Plan 1310043;
Portion of Railway Right of Way, Plan RY23;
Portion of NE-21-2-16-W4M;
Parcel A, Plan 3166EZ;
Portion of Railway Right of Way, Plan RY23
and Area 'A', Plan 1211441
11-Feb-2019
TABLE OF CONTENTS
Page
PART 1
ADMINISTRATION .......................................................................................... PART 1 | 1
1.
Title .......................................................................................................................... 1
2.
Purpose .................................................................................................................... 1
3.
Effective Date ........................................................................................................... 1
4.
Repeal of Former Land Use Bylaw ........................................................................... 1
5.
Severability .............................................................................................................. 1
6.
Amendments to the Bylaw ...................................................................................... 1
7.
Compliance with the Land Use Bylaw ...................................................................... 1
8.
Compliance with Other Legislation .......................................................................... 2
9.
Rules of Interpretation ............................................................................................. 2
10. Definitions ................................................................................................................ 2
11. Metric Measurements and Standards ..................................................................... 2
12. Forms, Notices and Fees .......................................................................................... 2
13. Parts and Appendices .............................................................................................. 3
APPROVING AUTHORITIES ............................................................................. PART 1 | 3
14. Development Authority ........................................................................................... 3
14.1 Subdivision Authority - Powers and Duties ............................................................. 3
15. Development Officer - Powers and Duties ............................................................. 4
16. Municipal Planning Commission - Powers and Duties ............................................ 5
17. Council - Direct Control Districts ............................................................................. 5
18. Subdivision and Development Appeal Board .......................................................... 5
LAND USE DISTRICTS AND DEVELOPMENT IN GENERAL ............................... PART 1 | 5
19. Land Use Districts .................................................................................................... 5
20. Development in Municipality Generally .................................................................. 6
21. Non-Conforming Buildings and Uses ....................................................................... 6
22. Non-Conforming Use Variances ............................................................................... 6
23. Non-Conforming Sized Lots ..................................................................................... 6
24. Number of Dwellings on a Parcel ............................................................................. 6
25. Suitability of Sites ..................................................................................................... 7
26. Development Agreements ....................................................................................... 8
DEVELOPMENT PERMIT REQUIREMENTS ...................................................... PART 1 | 8
27. Requirement for a Development Permit ................................................................. 8
28. Development Not Requiring a Development Permit ............................................... 9
29. Development Permit Application Requirements ..................................................... 9
30. Determination of Complete Development Application ......................................... 10
31. Reapplication ......................................................................................................... 10
32. Failure to Make a Decision - Deemed Refusal ....................................................... 11
DEVELOPMENT PERMIT PROCEDURES ........................................................ PART 1 | 11
33. Permitted Use Applications ................................................................................... 11
34. Discretionary Use Applications .............................................................................. 12
35. Similar Use Applications ........................................................................................ 13
36. Temporary Use Applications .................................................................................. 13
APPLICATIONS REQUIRING WAIVERS .......................................................... PART 1 | 14
37. Permitted Use and Type B - Development Officer Discretionary
Use Applications Requiring a Waiver(s) ................................................................. 14
38. Applications Requiring Waivers of Bylaw Provisions ............................................. 14
NOTIFICATION REQUIREMENTS ................................................................... PART 1 | 15
39. Notification for Development Applications ........................................................... 15
40. Notice of Decision on Development Permit Application ....................................... 16
DEVELOPMENT PERMIT VALIDITY ................................................................ PART 1 | 16
41. Commencement of Development ......................................................................... 16
42. Development Permit Validity ................................................................................. 17
43. Transferability of Development Permit ................................................................. 17
44. Discontinuation of Use ........................................................................................... 17
45. Suspension or Cancellation of a Permit ................................................................. 17
ENFORCEMENT ............................................................................................ PART 1 | 18
46. Notice of Violation ................................................................................................. 18
47. Stop Order .............................................................................................................. 18
48. Enforcement of Stop Orders .................................................................................. 19
49. Penalties and Right of Entry ................................................................................... 19
APPEALS ....................................................................................................... PART 1 | 20
50. Development Appeals ............................................................................................ 20
LAND USE BYLAW AMENDMENTS ............................................................... PART 1 | 20
51. Amendments to the Land Use Bylaw ..................................................................... 20
52. Land Use Redesignation Application Requirements .............................................. 21
SUBDIVISION APPLICATION RULES AND PROCEDURES ............................... PART 1 | 22
53. Subdivision Applications ........................................................................................ 22
54. Determination of Complete Subdivision Application ............................................ 22
PART 2
LAND USE DISTRICTS AND REGULATIONS ....................................................... PART 2 | 1
RESIDENTIAL - R1 ................................................................................................... (R1) | 1
MANUFACTURED HOME RESIDENTIAL - R2 ........................................................... (R2) | 1
LARGE LOT RESIDENTIAL - R3 ................................................................................. (R3) | 1
RETAIL / GENERAL COMMERCIAL - C1 ................................................................... (C1) | 1
HIGHWAY COMMERCIAL - C2 ................................................................................ (C2) | 1
LIGHT INDUSTRIAL - I1 ............................................................................................ (I1) | 1
GENERAL INDUSTRIAL - I2 ....................................................................................... (I2) | 1
RAILWAY - RY ......................................................................................................... (RY) | 1
PUBLIC AND INSTITUTIONAL - P/I .......................................................................... (P/I) | 1
URBAN RESERVE - UR ............................................................................................ (UR) | 1
DIRECT CONTROL - DC ........................................................................................... (DC) | 1
PART 3
DEVELOPMENT NOT REQUIRING A PERMIT .................................................. PART 3 | 1
PART 4
GENERAL STANDARDS OF DEVELOPMENT .................................................... PART 4 | 1
1.
Statutory Plans ......................................................................................................... 1
2.
Quality of Development ........................................................................................... 1
3.
Design, Finish and Orientation of Buildings, Structures and Signs .......................... 1
4.
Street Corner Visibility ............................................................................................. 1
5.
Access and Driveways .............................................................................................. 2
6.
Fences, Gates, Walls, Hedges, and Other Means of Enclosure ............................... 3
7.
Building Setbacks and Projections ........................................................................... 3
8.
Landscaping and Screening ...................................................................................... 5
9.
Grading and Stormwater Management ................................................................... 5
10. Servicing ................................................................................................................... 6
11. Construction/Demolition Damage Deposit ............................................................. 6
12. Easements/Rights-of-Way ........................................................................................ 6
13. Construction Hoarding ............................................................................................. 6
14. Site Lighting .............................................................................................................. 6
15. River Valleys, Watercourses and Environmentally Significant Areas ...................... 6
16. Development of Land Subject to Subsidence or Flooding ....................................... 7
17. Setbacks from Abandoned Wells ............................................................................. 7
18. Mitigation of Impacts from Noise, Odour, Vibration and Air Quality ...................... 7
PART 5
USE SPECIFIC DEVELOPMENT STANDARDS .................................................... PART 5 | 1
1.
Accessory Dwelling .................................................................................................. 1
2.
Bulk Fuel Stations and Service Stations ................................................................... 2
3.
Cannabis Production Facility .................................................................................... 2
4.
Day Home ................................................................................................................ 2
5.
Guest Lodging .......................................................................................................... 3
6.
Home Occupations ................................................................................................... 3
7.
Moved-In Dwellings and Buildings ........................................................................... 5
8.
Portable Garages and Covered Storage Structures ................................................. 6
9.
Prefabricated and Manufactured Dwellings ............................................................ 6
10. Private Swimming Pools ........................................................................................... 7
11. Retail Cannabis Store ............................................................................................... 7
12. Shipping Containers (or C-Containers, Sea-Containers) .......................................... 8
13. Solar Collector .......................................................................................................... 9
14. Small Wind Energy Systems ................................................................................... 10
15. Telecommunication Antenna Siting Protocols ...................................................... 12
PART 6
SIGN REGULATIONS ........................................................................................ PART 6 | 1
1.
Sign Application Requirements ................................................................................ 1
2.
Signs Not Requiring a Development Permit ............................................................ 1
3.
General Sign Standards ............................................................................................ 2
4.
Sign Types - Use Specific Standards ........................................................................ 3
PART 7
OFF-STREET PARKING AND LOADING AREA REQUIREMENTS ....................... PART 7 | 1
1.
Off-Street Parking .................................................................................................... 1
2.
Specific Requirements ............................................................................................. 1
3.
Loading Area Requirements .................................................................................... 3
4.
Barrier-Free Parking ................................................................................................. 5
PART 8
DEFINITIONS ................................................................................................... PART 8 | 1
APPENDIX A
FEE SCHEDULE
APPENDIX B
APPLICATIONS AND FORMS
Residential Development Permit Application
Non-Residential Development Permit Application
Home Occupation Development Permit Application
Sign Development Permit Application
Application for a Land Use Bylaw Amendment
Telecommunication Siting Protocol Application & Checklist
Development Permit
Agreement for Time Extension
Notice of Appeal
Notice of Development Authority Meeting
APPENDIX C
TELECOMMUNICATIONS PROTOCOL
APPENDIX D
SUBDIVISION AND DEVELOPMENT AUTHORITY / MUNICIPAL PLANNING
COMMISSION BYLAW
APPENDIX E
SUBDIVISION AND DEVELOPMENT APPEAL BOARD BYLAW
APPENDIX F
MUNICIPAL GOVERNMENT ACT EXCERPTS
(Non-conforming buildings and uses and stop orders)
PART 1
ADMINISTRATION
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Town of Milk River Land Use Bylaw No. 997
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TOWN OF MILK RIVER
LAND USE BYLAW NO. 997
PART 1
ADMINISTRATION
1.
TITLE
This Bylaw may be cited as the "Town of Milk River Land Use Bylaw".
2.
PURPOSE
In compliance with section 640 of the Municipal Government Act, the Town of Milk River Land Use
Bylaw regulates and controls the use and development of land and buildings within the Town of
Milk River to achieve orderly, efficient and economic development.
3.
EFFECTIVE DATE
The Town of Milk River Land Use Bylaw (this Bylaw) shall come into effect upon third and final
reading thereof.
4.
REPEAL OF FORMER LAND USE BYLAW
Bylaw No. 821 and any amendments thereto is repealed upon third and final reading of this Bylaw.
5.
SEVERABILITY
If any provision of this Bylaw is found to be invalid by a decision of a court of competent
jurisdiction, that decision will not affect the validity of the remaining portions.
6.
AMENDMENTS TO THE BYLAW
(1) Council may amend this Bylaw any time in accordance with the procedures detailed in section
692 of the Municipal Government Act.
(2) The public may make application to Council to amend this Bylaw in accordance with the
procedures outlined in section 51 of this Bylaw.
7.
COMPLIANCE WITH THE LAND USE BYLAW
(1) No development, other than those designated in section 28 of this Bylaw, shall be undertaken
within the Town unless a development permit application has been approved and a
development permit has been issued.
Town of Milk River Land Use Bylaw No. 997
PART 1 | 2
(2) Notwithstanding subsection (1), while a development permit may not be required pursuant to
section 28, development shall comply with all regulations of this Bylaw.
8.
COMPLIANCE WITH OTHER LEGISLATION
Compliance with the requirements of this Bylaw does not exempt any person undertaking a
development from complying with all applicable municipal, provincial and/or federal legislation and
respecting any easements, covenants, agreements or other contracts affecting the land or the
development.
9.
RULES OF INTERPRETATION
(1) Unless otherwise required by the context, words used in the present tense include the future
tense; words used in the singular include the plural; and the word person includes a
corporation as well as an individual. Unless otherwise stipulated, the Interpretation Act,
Chapter I-8, RSA 2000, as amended, shall be used in the interpretation of this Bylaw. Words
have the same meaning whether they are capitalized or not.
(2) The written regulations of this Bylaw take precedence over any graphic or diagram if there is a
perceived conflict.
(3) The Land Use Districts Map takes precedence over any graphic or diagram in the district
regulations if there is a perceived conflict.
10. DEFINITIONS
Definitions are prescribed in Part 8.
11. METRIC MEASUREMENTS AND STANDARDS
For the purpose of applying the standards of this Bylaw, the metric standards as specified in this
Bylaw are applicable. Imperial measurements are provided for convenience only.
12. FORMS, NOTICES AND FEES
(1) For the purposes of administering the provisions of this Bylaw, Council may authorize by
separate resolution or bylaw, the preparation and use of such fee schedules, forms or notices
as in its discretion it may deem necessary. Any such fee schedules, forms or notices are
deemed to have the full force and effect of this Bylaw in execution for the purpose for which
they are designed, authorized and issued.
(2) In any case, where the required fee is not listed in the fee schedule, such fee shall be
determined by the Development Officer and shall be consistent with those fees listed in the
schedule for similar developments.
(3) Refund or adjustment of fees requires approval of the Town of Milk River.
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13. PARTS AND APPENDICES
(1) Parts 1-8, form part of this Bylaw.
(2) Appendices A-F attached hereto do not form part of this Bylaw but have the full force and
effect of this Bylaw in execution of the purpose for which they are designed, authorized and
issued. The Appendices may be amended, updated and/or altered from time to time
independent of this Bylaw.
APPROVING AUTHORITIES
14. DEVELOPMENT AUTHORITY
(1) The Development Authority is established by separate bylaw pursuant to section 624 of the
Municipal Government Act and for the purposes of this Bylaw is comprised of the
Development Officer and the Municipal Planning Commission.
(2) The Development Officer is a designated officer for the purposes of this Bylaw and shall be
considered an authorized person pursuant to section 624 of the Municipal Government Act.
(3) In the absence of the Development Officer, the following are authorized to act in the capacity
of Development Officer:
(a) Municipal Planning Commission,
(b) Chief Administrative Officer, or
(c) a designate(s) in accordance with the Municipal Government Act.
(4) The Development Authority may exercise only such powers and duties as are specified:
(a) in the Town of Milk River Subdivision and Development Authority Bylaw,
(b) in this Bylaw,
(c) the Municipal Government Act,
(d) where applicable, by resolution of Council.
14.1. SUBDIVISION AUTHORITY - POWERS AND DUTIES
(1) The Subdivision Authority is authorized to make decisions on applications for subdivision
pursuant to the Town of Milk River Subdivision and Development Authority Bylaw, and shall
perform such powers and duties as are specified:
(a) in the Town of Milk River Subdivision and Development Authority Bylaw,
(b) in this Bylaw,
(c) in the Municipal Government Act,
(d) where applicable, by resolution of Council.
Town of Milk River Land Use Bylaw No. 997
PART 1 | 4
(2) The Subdivision Authority may delegate, through any of the methods described in subsection
(1), to an individual, municipal staff, or a regional service commission, any of its functions and
duties in the processing of subdivision applications. In respect of this:
(a) the delegation of duties by the Subdivision Authority may include the authorized entity
being responsible for determining the completeness of a submitted subdivision
application;
(b) the Subdivision Authority delegate is authorized to carry out the application process with
subdivision applicants as described in the Subdivision Application Rules and Procedures
section of this bylaw, including the task of sending all required notifications to applicants
as stipulated.
15. DEVELOPMENT OFFICER - POWERS AND DUTIES
(1) The office of Development Officer is hereby established and such office shall be filled by one or
more persons as appointed by resolution of Council.
(2) The Development Officer is responsible for:
(a) receiving, processing, including determining whether a development permit application is
complete, and deciding upon and referring applications for a development permit in
accordance with this Bylaw;
(b) maintaining a register in which the applications made for development permits and the
decisions made on the applications shall be recorded, and may contain such other
information as the Development Authority considers necessary;
(c) processing condominium certificates;
(d) receiving and deciding upon requests for time extensions for development permits which
the Development Officer has approved and referring to the Municipal Planning
Commission those requests for time extensions for development permits which the
Municipal Planning Commission has approved;
(e) receiving, reviewing and referring any applications to amend this Bylaw to Council;
(f)
issuing the written notice of decision and/or development permit on all development
permit applications and any other notices, decision or orders in accordance with this
Bylaw;
(g) performing any other duties and responsibilities as are specified in this Bylaw, the Town
of Milk River Subdivision and Development Authority Bylaw, the Municipal Government
Act, or by resolution of Council.
(3) The Development Officer may refer any development application to the Municipal Planning
Commission for a decision and may refer any other planning or development matter to the
Municipal Planning Commission for its review, comment or advice.
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16. MUNICIPAL PLANNING COMMISSION - POWERS AND DUTIES
The Municipal Planning Commission is responsible for:
(a) considering and deciding upon development permit applications referred to it by the
Development Officer;
(b) providing recommendations and/or decisions on planning and development matters referred
to it by the Development Officer or Council;
(c) considering and deciding upon requests for time extensions on development permit
applications referred to it by the Development Officer;
(d) considering and deciding upon applications for subdivision;
(e) any other powers and duties as are specified in this Bylaw, the Town of Milk River Subdivision
and Development Authority Bylaw, the Municipal Government Act, or by resolution of Council.
17. COUNCIL - DIRECT CONTROL DISTRICTS
Council shall be responsible for considering development permit applications within any Direct
Control District, except where the decision making authority has been delegated to the
Development Authority.
18. SUBDIVISION AND DEVELOPMENT APPEAL BOARD
The Subdivision and Development Appeal Board is established by separate bylaw pursuant to the
Municipal Government Act, and may exercise such powers and duties as are specified in that bylaw,
the Municipal Government Act and the Subdivision and Development Appeal Board Bylaw.
LAND USE DISTRICTS AND DEVELOPMENT IN GENERAL
19. LAND USE DISTRICTS
(1) The municipality is divided into those districts specified in Part 2 and shown on the Land Use
Districts Map.
(2) The one or more uses of land or buildings that are:
(a) permitted uses in each district, with or without conditions; or
(b) discretionary uses in each district, with or without conditions, or both;
are described in Part 2.
(3) A land use that is not listed as a permitted or discretionary use, but which is reasonably similar
in character and purpose to a permitted or discretionary use in that district may be deemed a
similar use by the Development Authority in accordance with section 35.
(4) A land use that is not listed as a permitted or discretionary use or not deemed a similar use in
a district is a prohibited use and shall be refused.
Town of Milk River Land Use Bylaw No. 997
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20. DEVELOPMENT IN MUNICIPALITY GENERALLY
(1) A person who develops land or a building in the municipality shall comply with the applicable
standards and requirements of development specified in this Bylaw, in addition to complying
with the use or uses prescribed in the applicable land use district and any conditions attached
to a development permit if one is required.
(2) The issuance of a subdivision or development approval pursuant to this Bylaw does not
preclude the applicant and/or agent from the obligation to obtain any additional municipal,
provincial or federal approvals that may be required before, during or after the subdivision or
development process.
21. NON-CONFORMING BUILDINGS AND USES
(1) A non-conforming building or use may only be continued in accordance with the conditions
detailed in section 643 of the Municipal Government Act. Refer to Appendix F for the relevant
Municipal Government Act excerpts.
(2) Unresolved questions regarding the interpretation and application of this section shall, if
necessary, be referred to the Municipal Planning Commission for interpretation and a decision.
22. NON-CONFORMING USE VARIANCES
The Development Officer and the Municipal Planning Commission are authorized to exercise minor
variance powers with respect to non-conforming uses pursuant to section 643(5)(c) of the
Municipal Government Act.
23. NON-CONFORMING SIZED LOTS
Development on a lot that does not meet the minimum requirements for lot length, width or area
specified in the applicable land use district in Part 2 may be permitted at the discretion of either the
Development Officer or Municipal Planning Commission.
24. NUMBER OF DWELLINGS ON A PARCEL
(1) Except as provided in subsection (2), no person shall construct or locate or cause to be
constructed or located more than one dwelling unit on a parcel.
(2) The Municipal Planning Commission may issue a development permit to a person that would
permit the construction or location of more than one dwelling unit on a parcel if:
(a) the use allowing more than one dwelling unit is listed in the applicable land use district
(e.g., duplex dwelling; multi-unit dwelling; accessory dwelling; manufactured home park);
or
(b) the second or additional dwelling unit is a building as defined in the Condominium
Property Act, that is the subject of a condominium plan to be registered in a Land Titles
Office under that Act.
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25. SUITABILITY OF SITES
(1) Notwithstanding that a use of land may be permitted or discretionary or considered similar in
nature to a permitted or discretionary use in a land use district, the Subdivision Authority may
refuse to approve the subdivision of a lot and the Development Authority may refuse to issue
a development permit, if the relevant Authority is made aware of or if in their opinion, the site
of the proposed subdivision, building or use is not safe or suitable based on the following:
(a) the site does not have safe legal and physical access to a developed, maintained road in
accordance with the municipal requirements or those of Alberta Transportation if within
300 m (984 ft) of a provincial highway;
(b) has a high water table, drainage issues or soil conditions which makes the site unsuitable
for foundations in accordance with provincial regulations;
(c) is situated on an unstable slope;
(d) consists of unconsolidated material unsuitable for building;
(e) is located in a floodplain or situated in an area which may be prone to flooding,
subsidence or erosion;
(f)
does not comply with the requirements of any provincial land use policies or Regional
Plan, Subdivision and Development Regulations, Municipal Development Plan or
applicable conceptual design scheme, area structure plan, or statutory plan;
(g) is situated over an active or abandoned coal mine or oil or gas well or pipeline;
(h) does not meet the minimum setback requirements from a sour gas well or bulk ammonia
storage facility;
(i) is unsafe due to contamination by previous land uses;
(j)
does not have adequate water and sewer provisions;
(k) does not meet the lot size and/or setback requirements or any other applicable standards
or requirements on this bylaw;
(l)
is incompatible with existing and approved uses of surrounding land;
(m) is subject to any easement, caveat, restrictive covenant or other registered encumbrance
which makes it impossible to build or use the site;
(n) is located within the future road right-of-way or road alignment identified in an approved
conceptual design scheme, an adopted area structure plan, or other adopted statutory
plan.
(2) Nothing in this section shall prevent the Subdivision Authority from approving a lot or prevent
the Development Authority from issuing a development permit if the Authority is satisfied that
there is no risk to persons or property or that these concerns will be met by appropriate
engineering measures or other mitigating measures and approvals from provincial and/or
federal agencies have been obtained, as applicable.
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PART 1 | 8
26. DEVELOPMENT AGREEMENTS
(1) The Development Officer or Municipal Planning Commission may require, with respect to a
development that as a condition of issuing a development permit, the applicant enter into an
agreement with the municipality, pursuant to section 650(1) of the Municipal Government Act,
to do any or all of the following:
(a) to construct or pay for the construction of a road required to give access to the
development;
(b) to construct or pay for the construction of a pedestrian walkway system to serve the
development and/or connect the pedestrian walkway system that services or is proposed
to serve adjacent development;
(c) to install or pay for the installation of a public utility that is necessary to serve the
development, whether or not the public utility is, or will be, located on the land that is
subject of the development;
(d) to construct or pay for the construction of off-street or other parking facilities, and/or
loading and unloading facilities;
(e) to pay an off-site levy or redevelopment levy imposed by bylaw;
(f)
to give security to ensure that the terms of the agreement under this section are carried
out.
(2) The Subdivision Authority may require, with respect to a subdivision, that as a condition of
issuing an approval for a subdivision, the applicant enter into an agreement with the
municipality pursuant to section 655(1) of the Municipal Government Act.
(3) An agreement referred to in this section may require the applicant for a development permit
or subdivision approval to oversize improvements in accordance with section 651 of the
Municipal Government Act.
(4) The municipality may register a caveat under the Land Titles Act with respect to an agreement
under this section against the certificate of title for the land that is the subject of the
development, or for the parcel of land that is the subject of the subdivision.
(5) If the municipality registers a caveat under this section, the municipality must discharge the
caveat when the agreement has been complied with.
DEVELOPMENT PERMIT REQUIREMENTS
27. REQUIREMENT FOR A DEVELOPMENT PERMIT
(1) Except as provided in section 28, no person shall commence a development unless a
development permit has been issued in respect of the proposed development.
(2) In addition to complying with the requirements of this Bylaw, it is the responsibility of the
applicant to ascertain, obtain and comply with all other municipal, provincial and federal
approvals and licenses that may be required.
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28. DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
(1) Development that does not require a development permit is specified in Part 3.
(2) This section does not negate the requirement for obtaining all required permits, as applicable,
under the Safety Codes Act, and any other municipal, provincial, federal statute or regulation.
(3) If there is a question as to whether a development permit is required for a development, the
matter will be referred to the Municipal Planning Commission for a determination.
29. DEVELOPMENT PERMIT APPLICATION REQUIREMENTS
(1) An application for a development permit must be made to the Development Officer by
submitting:
(a) a complete development permit application, signed by the registered owner or
authorized by the owner pursuant to subsection (2);
(b) the application fee prescribed in the applicable fee schedule;
(c) a description of the existing and proposed use of the land, building(s), and/or structures
and whether it is a new development, an alteration/addition, relocation or change of use
and whether the use is temporary or permanent in nature;
(d) a site plan acceptable to the Development Officer indicating:
(i)
the location of all existing and proposed buildings and structures and registered
easements or rights-of-way, dimensioned to property lines and drawn to a
satisfactory scale;
(ii) existing and proposed parking and loading areas, driveways, abutting streets,
avenues and lanes, and surface drainage patterns;
(iii) where applicable, the location of existing and proposed culverts and crossings;
(iv) the presence or absence of any abandoned oil and gas well(s); and if abandoned oil
and gas well(s) are present, a professionally prepared plot plan that shows the actual
well location(s) in relation to existing and proposed building site(s) and the minimum
setback requirement;
(v) any additional information as may be stipulated in the standards of development;
(e) documentation from the Alberta Energy Regulator (AER) identifying the presence or
absence of abandoned oil and gas wells as required by the Subdivision and Development
Regulation; and
(f)
any such other information as may be required by the Development Officer or Municipal
Planning Commission to evaluate an application including but not limited to: conceptual
design schemes, landscaping plans, building plans, floor plans, drainage plans, servicing
and infrastructure plans, soils analysis, geotechnical reports and other reports regarding
site suitability, Real Property Report or a surveyors sketch, certificate of title, architectural
controls.
(2) An application for a development permit must be made by the owner of the land on which the
development is proposed or, with the consent of the owner, by any other person.
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30. DETERMINATION OF COMPLETE DEVELOPMENT APPLICATION
(1) The Development Officer shall, within 20 days after the receipt of an application for a
development permit under section 29, determine whether the application is complete.
(2) An application is complete if, in the opinion of the Development Officer, the application
contains the documents and other information necessary to review the application and is of an
acceptable quality.
(3) The time period referred to in subsection (1) may be extended by an agreement in writing
between the applicant and the Development Officer.
(4) If the Development Officer does not make a determination referred to in subsection (1) within
the time required under subsection (1) or (3), the application is deemed to be complete.
(5) If the Development Officer determines that the application is complete, the Development
Officer shall issue to the applicant a written Notice of Completeness acknowledging that the
application is complete, delivered by hand, mail or electronic means.
(6) If the Development Officer determines the application is incomplete, the Development Officer
shall issue to the applicant a written notice which states the application is incomplete and
specifies the outstanding information, documents and fees which are to be submitted to the
municipality within a specified timeframe (submittal deadline) for the application to be
considered complete. A later date may be agreed on between the applicant and the
Development Officer in writing to extend the submittal deadline. The written notice shall be
provided to the applicant by mail, electronic means or hand-delivered.
(7) If the Development Officer determines that the information, documents, and fees submitted
under subsection (6) are complete, the Development Officer shall issue to the applicant a
written Notice of Completeness acknowledging that the application is complete, delivered by
hand, mail or electronic means.
(8) If the required information, materials or fees under subsection (6) have not been submitted to
the Development Officer within the timeframe prescribed in the written notice issued under
subsection (6), the Development Officer shall return the application submission to the
applicant accompanied by a written Notice of Refusal stating the application is deemed
refused, the reason(s) for refusal, and the required information on filing an appeal.
(9) Despite issuance of a Notice of Completeness under subsection (5) or (7), the Development
Officer or Municipal Planning Commission in the course of reviewing the application may
request additional information or documentation from the applicant that the Development
Officer or Municipal Planning Commission considers necessary to review the application.
31. REAPPLICATION
(1) Except as provided in subsection (2), when an application for a development permit is refused
by the Development Officer, Municipal Planning Commission, or on appeal by the Subdivision
and Development Appeal Board, another application for a development on the same parcel of
land for the same or a similar use may not be accepted for at least six months after the date of
refusal.
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(2) If an application was refused solely because it did not comply with the standards of this Bylaw,
or was refused as an incomplete application under section 30(8), the Development Officer may
accept another application on the same parcel of land for the same or similar use before the
time period referred to in subsection (1) has lapsed, provided the application has been
modified to comply with this Bylaw.
32. FAILURE TO MAKE A DECISION - DEEMED REFUSAL
In accordance with section 684 of the Municipal Government Act, an application for a development
permit shall, at the option of the applicant, be deemed to be refused when the decision of the
Development Officer or the Municipal Planning Commission, as the case may be, is not made within
40 days of receipt of the complete application unless the applicant has entered into a written
agreement with the Development Authority to extend the 40-day decision period.
DEVELOPMENT PERMIT PROCEDURES
33. PERMITTED USE APPLICATIONS
(1) Upon receipt of a complete application for a development permit for a permitted use that
conforms with this Bylaw, the Development Officer shall:
(a) issue a development permit with or without conditions; or
(b) refer the application to the Municipal Planning Commission for a decision.
(2) The Development Officer or the Municipal Planning Commission may place any or all of the
following conditions on a development permit for a permitted use:
(a) requirement to enter into a development agreement pursuant to section 26;
(b) payment of any applicable off-site levy or redevelopment levy;
(c) geotechnical investigation to ensure that the site is suitable in terms of topography,
stability, soil characteristics, flooding, subsidence, mass wasting, erosion, and servicing;
(d) alteration of a structure or building size or location to ensure any setback requirements of
this Bylaw or the Subdivision and Development Regulation can be met;
(e) any measures to ensure compliance with the requirements of this Bylaw, including
conditions pursuant to any provision listed in a Part, or any adopted statutory plan or
approved conceptual design scheme;
(f)
easements and/or encroachment agreements;
(g) provision of public utilities and utility servicing such as but not limited to electricity, gas,
water, sewer, and storm water;
(h) provision of vehicular and pedestrian access;
(i)
repairs or reinstatement of original condition of any street furniture, curbing, sidewalk,
boulevard landscaping and tree planting which may be damaged or destroyed or
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otherwise altered by development or building operations upon the site, to the satisfaction
of the Development Officer or the Municipal Planning Commission;
(j)
to give security to ensure the terms of the permit approval under this section are carried
out;
(k) time periods stipulating completion of development;
(l)
phasing of the development;
(m) time periods specifying the time during which a development permit is valid;
(n) requirement for a lot and/or construction stakeout conducted by an approved surveyor or
agent;
(o) the provision of a surveyor's sketch or plan from an engineer illustrating improvements
and existing and/or proposed lot grades and surface drainage;
(p) preparation of an Environmental Impact Assessment;
(q) the filing of pertinent professional reports and plans prior to commencement of
construction;
(r) any measures to ensure compliance with applicable federal, provincial and/or other
municipal legislation and approvals and the requirement to submit documentation of
such to the Town.
34. DISCRETIONARY USE APPLICATIONS
(1) Upon receipt of a complete application for a development permit for a discretionary use, the
Development Officer shall:
(a) for a Type A use, refer the application to the Municipal Planning Commission for a
decision;
(b) for a Type B use, either make a decision on the application or refer the application to the
Municipal Planning Commission for a decision.
(2) Upon receipt of a complete application under subsection (1)(a), the Development Officer shall
notify or cause to be notified the owners of land likely to be affected by the issue of a
development permit in accordance with section 39.
(3) Upon receipt of a complete application under section (1)(b), the Development Officer may
notify or cause to be notified the owners of land likely to be affected by the issue of a
development permit in accordance with section 39.
(4) After consideration of any response to notifications of persons likely to be affected, including
County of Warner, government departments, landowners, and referral agencies as applicable,
compatibility and suitability of the proposed development and any other matters including but
not limited to, statutory plans, access, transportation and servicing, and adjacent
development, the Development Officer or the Municipal Planning Commission, as applicable
may:
(a) issue a development permit with or without conditions; or
(b) refuse to issue a development permit, stating the reason(s) for refusal.
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(5) The Development Officer or Municipal Planning Commission, as applicable, may place any of
the conditions stipulated in section 33(2) on a development permit for a discretionary use in
any land use district, in addition to any other conditions necessary to ensure the quality,
suitability and compatibility of a development with other existing and approved uses in the
area or any other conditions necessary to fulfil a planning related objective.
35. SIMILAR USE APPLICATIONS
(1) The Municipal Planning Commission may approve a proposed development not allowed in a
land use district if, in the opinion of the Municipal Planning Commission, the proposed
development is similar in character and purpose to a permitted or discretionary use that is
allowed in that district.
(2) Upon receipt of a complete application for a development permit for a use that is not
specifically listed in any land use district, but which may be similar in character and purpose to
a permitted or discretionary use allowed in the district in which such use is proposed, the
Development Officer shall:
(a) refer the application to the Municipal Planning Commission for a decision; and
(b) notify persons likely to be affected in accordance with section 39.
(3) The Municipal Planning Commission shall rule whether or not the proposed use is either
similar to a permitted or discretionary use in the land use district in which it is proposed, and:
(a) if the use is deemed similar to a permitted or discretionary use in the land use district in
which it is proposed, the application shall be reviewed and decided upon as a
discretionary use in accordance with section 34;
(b) if the use is not deemed similar to a permitted or discretionary use in the land use district
in which it is proposed, the use is deemed to be prohibited and the development permit
shall be refused.
36. TEMPORARY USE APPLICATIONS
(1) The Development Officer or Municipal Planning Commission, as applicable, may issue a
temporary development permit for a permitted, discretionary, or similar use for a period not
to exceed one year for uses that are:
(a) determined to be temporary in nature; or
(b) for uses that may have impacts to adjacent land uses whereby a permit for a temporary
period of time may have merit to ensure the development does not negatively impact the
surrounding land uses.
(2) Temporary use applications shall be subject to the following conditions:
(a) it shall be a condition of every temporary development permit that the Town of Milk
River shall not be liable for any costs involved in the cessation or removal of any
development at the expiration of the permitted period and the applicant or developer is
responsible for any costs involved in the removal of any development at the expiration of
the permitted period;
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(b) the Development Officer or Municipal Planning Commission may require the applicant to
submit a security bond or irrevocable letter of credit guaranteeing the cessation or
removal of the temporary use; and
(c) any other conditions as deemed necessary.
(3) Permits issued under subsection (1) may apply for a non-temporary (permanent) development
permit at the expiration of the temporary permit.
(4) Notification of persons likely to be affected, including the County of Warner, government
departments and referral agencies shall be in accordance with section 39, where applicable.
APPLICATIONS REQUIRING WAIVERS
37. PERMITTED USE AND TYPE B - DEVELOPMENT OFFICER DISCRETIONARY USE APPLICATIONS
REQUIRING A WAIVER(S)
(1) Upon the receipt of a complete application for a development permit for a permitted use or
Type B - Development Officer Discretionary Use that requests one or more waivers not to
exceed 35 percent of any measurable standard of this Bylaw, the Development Officer shall
evaluate the application, and:
(a) may grant the waiver(s) and issue the development permit with or without conditions if,
in the opinion of the Development Officer, the waiver(s) would not unduly interfere with
the amenities of the neighbourhood or materially interfere with or affect the use,
enjoyment or value of neighbouring parcels of land; or
(b) may refer the development application to the Municipal Planning Commission for a
decision; or
(c) deny the waiver(s) and refuse to issue a development permit, stating the reason(s) for
refusal.
(2) Granting a waiver(s) under this section does not require notification of persons likely to be
affected prior to issuance of a development permit under section 39.
(3) If the waiver(s) required exceed 35 percent of any measurable standard in this Bylaw, the
Development Officer shall refer the application to the Municipal Planning Commission for a
decision under section 38.
38. APPLICATIONS REQUIRING WAIVERS OF BYLAW PROVISIONS
(1) Upon receipt of a complete application for a development permit for a development that does
not comply with this Bylaw and which the Development Officer is not authorized to issue a
decision under section 37, but in respect of which the Development Authority is requested by
the applicant to exercise discretion under subsection (3), the Development Officer shall:
(a) refer the application to the Municipal Planning Commission for a decision; and
(b) notify persons likely to be affected in accordance with section 39.
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(2) The Municipal Planning Commission is authorized to decide upon an application for a
development permit notwithstanding that the proposed development does not comply with
this Bylaw if, in the opinion of the Municipal Planning Commission:
(a) the proposed development would not:
(i)
unduly interfere with the amenities of the neighbourhood; or
(ii) materially interfere with or affect the use, enjoyment or value of neighbouring
properties; and
(b) the proposed development conforms with the use prescribed for that land or building in
Part 2.
(3) After considering any response to the notifications to persons likely to be affected by the
development and any other matters, the Municipal Planning Commission may:
(a) grant the waiver(s) and issue the development permit with or without conditions; or
(b) deny the waiver(s) and refuse to issue a development permit, stating the reasons for
refusal.
(4) In addition to the conditions authorized in sections 33(2) and 34(5), as applicable, the
Municipal Planning Commission may require as a condition of issuing a development permit
for a use that does not comply with the requirements of this Bylaw, conditions to conform to a
higher standard than stipulated in the applicable standards, if in the opinion of the Municipal
Planning Commission, conformance to a higher standard will off-set any impact of granting the
waiver(s).
NOTIFICATION REQUIREMENTS
39. NOTIFICATION FOR DEVELOPMENT APPLICATIONS
(1) Upon receipt of a complete application under sections 34(1)(a), 35, and 38, the Development
Officer shall, at least five business days, before the meeting of the Municipal Planning
Commission, notify persons likely to be affected by the issuing of a development permit by:
(a) mailing (postal service or electronic) written notice of the application to:
(i)
adjacent landowners and other persons likely to be affected by the issuance of a
development permit;
(ii) the County of Warner if in the opinion of the Development Officer the proposed
development could have an impact upon land uses in the County or is adjacent to the
County boundary or is required in accordance with an adopted Intermunicipal
Development Plan; and
(iii) any other persons, government departments or referral agency that is deemed to be
affected; or
(b) hand delivering written notice of the application to the persons and agencies specified in
subsection (1)(a); or
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(c) publishing a notice of the application in a newspaper circulating in the municipality or the
municipal newsletter; or
(d) posting a notice of the application in a conspicuous place on the property; or
(e) any combination of the above.
(2) In all cases, notification shall:
(a) describe the nature and location of the use;
(b) state the place and time the Development Authority will meet to consider the application,
and state how and when written or oral submissions on the application will be received
and considered;
(c) specify the location at which the application can be inspected.
40. NOTICE OF DECISION ON DEVELOPMENT PERMIT APPLICATION
(1) A decision of the Development Authority on an application for a development permit must be
issued:
(a) in writing to the applicant in accordance with subsection (2); and
(b) a copy of the decision posted in a prominent place in the town office for at least 21 days
or posted in a newspaper circulated within the municipality or published on the official
municipal website; and/or
(c) a copy of the decision sent by mail (postal service or electronic mail) to those originally
notified of the development permit application and any other person, government
department or agency that may, in the opinion of the Development Officer, likely be
affected.
(2) The Development Officer will give or send by mail (postal service or electronic mail) a copy of
the decision, which specifies the date on which the written decision was given, to the applicant
on the same day the written decision is given.
(3) For the purpose of subsection (2), the "date on which the written decision was given" means:
(a) the date the Development Officer signed the notice of decision or development permit; or
(b) the date the decision is posted in a prominent place in the town office, posted in the
newspaper, or published on the official municipal website;
whichever occurs later.
DEVELOPMENT PERMIT VALIDITY
41. COMMENCEMENT OF DEVELOPMENT
(1) Despite the issuance of a development permit, no development is authorized to commence
within 21 days after the date on which the decision was given under section 40(2).
(2) If an appeal is made, no development is authorized pending the outcome of the appeal.
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(3) Any development occurring prior to the dates determined under subsections (1) and (2) is at
the risk of the applicant.
42. DEVELOPMENT PERMIT VALIDITY
(1) Unless a development permit is suspended or cancelled, the development must be
commenced and carried out with reasonable diligence in the opinion of the Development
Officer or Municipal Planning Commission within 12 months from the date of issuance of the
permit, otherwise the permit is no longer valid.
(2) An application to extend the validity of a development permit may be made at any time prior
to the expiration of the approved permit in accordance with subsection (3), except for a permit
for a temporary use which shall not be extended.
(3) Upon receipt of a request to extend the validity of a development permit, the validity of a
development permit may be extended for up to a period of one year by:
(a) the Development Officer or the Municipal Planning Commission if the permit was issued
by the Development Officer;
(b) the Municipal Planning Commission if the permit was issued by the Municipal Planning
Commission or approved on appeal by the Subdivision and Development Appeal Board.
(4) The number of extensions to the validity of a development permit is at the discretion of the
Development Authority.
43. TRANSFERABILITY OF DEVELOPMENT PERMIT
(1) A home occupation permit is non-transferable.
(2) Any other valid development permit is transferable where the use remains unchanged and the
development is affected only by a change of ownership, tenancy, or occupancy.
44. DISCONTINUATION OF USE
When any use has been discontinued for a period of 24 months or more, any development permit
that may have been issued is no longer valid and said use may not be recommenced until a new
application for a development permit has been made and a new development permit issued. This
section does not apply to non-conforming uses which are regulated under section 643 of the
Municipal Government Act.
45. SUSPENSION OR CANCELLATION OF A PERMIT
(1) If after a development permit has been issued, the Development Officer or the Municipal
Planning Commission determines that:
(a) the application contained a misrepresentation;
(b) facts were not disclosed which should have been at the time of consideration of the
application for the development permit;
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(c) the development permit was issued in error; or
(d) the applicant withdrew the application by way of written notice;
the Development Officer or the Municipal Planning Commission may suspend or cancel the
development permit by notice in writing to the holder of it stating the reasons for any
suspension or cancellation.
(2) Upon receipt of the written notification of suspension or cancellation, the applicant must
cease all development and activities to which the development permit relates.
(3) A person whose development permit is suspended or cancelled under this section may appeal
within 14 days of the date the notice of cancellation or suspension is received to the
Subdivision and Development Appeal Board.
(4) If a development permit is suspended, the applicant may appeal to the Subdivision and
Development Appeal Board which may:
(a) reinstate the development permit; or
(b) if the Development Officer or Municipal Planning Commission, as the case may be, would
not have issued the development permit if the facts subsequently disclosed had been
known during consideration of the application, cancel the development permit.
ENFORCEMENT
46. NOTICE OF VIOLATION
(1) Where the Development Authority finds that a development or use of land or buildings is not
in accordance with the Municipal Government Act, the Subdivision and Development
Regulation, a development permit or subdivision approval, or this Bylaw, the Development
Officer or the Municipal Planning Commission may issue a notice of violation to the registered
owner or the person in possession of the land or buildings or to the person responsible for the
contravention.
(2) Such notice shall state the following:
(a) nature of the violation,
(b) corrective measures required to comply, and
(c) time period within which such corrective measures must be performed.
47. STOP ORDER
(1) The Development Officer or Municipal Planning Commission is authorized to issue an order
under section 645 of the Municipal Government Act whenever it is considered necessary to do
so.
(2) A person who receives notice pursuant to subsection (1), may appeal the order to the
Subdivision and Development Appeal Board in accordance with the Municipal Government Act.
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(a) An appeal to the Subdivision and Development Appeal Board shall be commenced by
serving a written notice of the appeal to the Subdivision and Development Appeal Board
within the prescribed time period and shall be accompanied by the applicable fee.
48. ENFORCEMENT OF STOP ORDERS
(1) Pursuant to section 646 of the Municipal Government Act, if a person fails or refuses to comply
with an order directed to the person under section 645 of the Municipal Government Act or an
order of a subdivision and development appeal board under section 687 of the Municipal
Government Act, the designated officer may, in accordance with section 542 of the Municipal
Government Act, enter on the land or building and take any action necessary to carry out the
order.
(2) The Town may register a caveat under the Land Titles Act in respect of an order referred to in
subsection (1) against the certificate of title for the land that is the subject of an order.
(3) If a caveat is registered under subsection (2), the Town must discharge the caveat when the
order has been complied with.
(4) If compliance with a stop order is not voluntarily effected, the Town may undertake legal
action, including but not limited to, seeking injunctive relief from the Alberta Court of Queen's
Bench pursuant to section 554 of the Municipal Government Act. In accordance with section
553 of the Municipal Government Act, the expenses and costs of carrying out an order under
section 646 of the Municipal Government Act may be added to the tax roll of the parcel of
land.
49. PENALTIES AND RIGHT OF ENTRY
(1) Any person who contravenes any provision of this Bylaw is guilty of an offence in accordance
with Part 13, Division 5, Offences and Penalties of the Municipal Government Act and is liable
to a fine of not more than $10,000 or to imprisonment for not more than one year or to both
fine and imprisonment.
(2) In accordance with section 542 of the Municipal Government Act, a designated officer may,
after giving reasonable notice to and obtaining consent from the owner or occupier of land
upon which this Bylaw or Municipal Government Act authorizes anything to be inspected,
remedied or enforced or done by a municipality:
(a) enter on that land at a reasonable time and carry out inspection, enforcement, or action
authorized or required by the enactment or bylaw;
(b) request anything to be produced to assist in the inspection, remedy, enforcement or
action; and
(c) make copies of anything related to the inspection, remedy, enforcement or action.
(3) If a person refuses to grant consent or refuses to produce anything to assist in the inspection,
remedy, enforcement or action referred to in section 542 of the Municipal Government Act,
the municipality under the authority of section 543 of the Municipal Government Act may
obtain a court order.
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APPEALS
50. DEVELOPMENT APPEALS
(1) Any person applying for a development permit or any other person affected by any order,
decision or development permit made or issued by the Development Authority may appeal
such an order or decision to the Subdivision and Development Appeal Board in accordance
with the procedures described in the Municipal Government Act.
(2) An appeal to the Subdivision and Development Appeal Board shall be commenced by serving
written notice of the appeal to the Subdivision and Development Appeal Board within the
applicable time period and shall be accompanied by the applicable fee within:
(a) 21 days after the date on which the written decision was given in accordance with section
40; or
(b) 21 days after expiry of the 40-day period under section 32 or the extension period
granted if no decision was made on the application; or
(c) 21 days after the date of which a stop order is made under section 645 of the Municipal
Government Act.
LAND USE BYLAW AMENDMENTS
51. AMENDMENTS TO THE LAND USE BYLAW
(1) Any person may initiate amendments to this Bylaw regarding textual amendments or land use
redesignations by making an application to the Development Officer.
(2) All applications for amendment shall be submitted using the applicable form and be
accompanied by any additional information, as deemed necessary by the Development Officer
to process the application, and any applicable fee paid to the municipality as required.
(3) The Development Officer may refuse to accept an application if, in his/her opinion, the
information supplied is not sufficient to make a proper evaluation of the proposed
amendment.
(4) The Development Officer shall forward the application to Council for a decision if he/she is
satisfied sufficient information has been provided with the application.
(5) The application shall be processed in compliance with the requirements of the Municipal
Government Act, including the processes for notice of public hearings and the conduct of
meetings.
(6) Where an application for an amendment to this Bylaw has been refused by Council, another
application that is the same or similar in nature shall not be accepted until at least six months
after the date of refusal.
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(7) Council, at its discretion, may accept another application in respect of subsection (6) above
within six months, if the resubmitted application is to address revisions, requirements or
instructions of Council regarding the proposal, and Council is satisfied its instructions have
been adhered to.
52. LAND USE REDESIGNATION APPLICATION REQUIREMENTS
(1) A request for redesignation from one land use district to another shall be accompanied by:
(a) a completed application form and fee;
(b) a narrative describing the:
(i)
proposed designation and future use(s);
(ii) consistency with applicable statutory plans;
(iii) compatibility of the proposal with surrounding uses and zoning;
(iv) development potential/suitability of the site, including identification of any
constraints and/or hazard areas (e.g. easements, soil conditions, topography,
drainage, etc.);
(v) availability of facilities and services (sewage disposal, domestic water, gas, electricity,
fire and police protection, schools, etc.) to serve the subject property while
maintaining adequate levels of service to existing development; and
(vi) any potential impacts on public roads.
(c) conceptual subdivision design, if applicable;
(d) a geotechnical report prepared by an engineer demonstrating soil stability/suitability if
deemed necessary by the Development Officer or Council;
(e) an evaluation of surface drainage which may include adjacent properties if deemed
necessary by the Development Officer or Council; and
(f)
any other information deemed necessary by the Development Officer or Council to
properly evaluate the application.
(2) An Area Structure Plan or Conceptual Design Scheme may be required in conjunction with a
redesignation application when:
(a) redesignating land to another district,
(b) multiple parcels of land are involved,
(c) more than four lots could be created,
(d) several pieces of fragmented land are adjacent to the proposal,
(e) internal public roads would be required,
(f)
municipal services would need to be extended, or
(g) required by Council or the Development Authority.
Town of Milk River Land Use Bylaw No. 997
PART 1 | 22
SUBDIVISION APPLICATION RULES AND PROCEDURES
53. SUBDIVISION APPLICATION
(1) An applicant applying for subdivision shall provide the required fees, materials and
information as requested by the Subdivision Authority or its designate. A complete application
for subdivision shall consist of:
(a) an application, in the manner and form prescribed, clearly and legibly completed with all
the required information and signatures provided as requested on the form;
(b) the applicable fees paid;
(c) a copy of the current Certificate of Title for the land that is the subject of the application;
(d) provincial abandoned gas well information;
(e) a tentative subdivision plan professionally prepared or an accurate and legible sketch
drawn to scale that shows the location, dimensions and boundaries of the proposed
subdivision and all other requirements prescribed in the subdivision application package.
For a subdivision application where any buildings or structures are present on the land
that is the subject of the subdivision, a sketch prepared by a professional surveyor or a
Real Property Report is required; and
(f)
any such other information as may be required at the discretion of the Subdivision
Authority or its designate in order to accurately evaluate the application and determine
compliance with this bylaw and any other municipal bylaws and plans, the MGA, the
Subdivision and Development Regulation, or other government regulations. This may
include but is not limited to the provision of geotechnical information, soil analysis
reports, water reports, slope stability analysis, drainage and storm water plans, contours
and elevations of the land, engineering studies or reports, wetland reports,
environmental impact assessments, utility and servicing information, and/or the
preparation of an area structure plan or conceptual design scheme.
54. DETERMINATION OF COMPLETE SUBDIVISION APPLICATION
(1) In accordance with the MGA, the Subdivision Authority or its designate, shall provide
notification to a subdivision applicant within the 20-day prescribed time period, on whether a
submitted application is deemed complete, or if it is determined to be incomplete what
information is required to be submitted within a specified time period, by sending notification
in the following manner:
(a) for an application deemed complete, the applicant shall be notified in writing as part of
the formal subdivision application circulation referral letter;
(b) for an application determined to be incomplete, written notification shall be given to the
applicant which may be in the form of a letter sent by regular mail to the applicant, or
sent by electronic means, or both, or by any other method as may be agreed to between
the applicant and Subdivision Authority or its designate;
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PART 1 | 23
(c) in respect of subsection (b) for a subdivision application determined to be incomplete, the
applicant will be advised in writing as part of the Notice of Incompleteness what the
outstanding information and documents are that must be submitted by a date specified in
the notice for the application to be deemed complete.
(2) Notwithstanding section 54(1), the applicant and Subdivision Authority or its designate may
agree and sign a time extension agreement in writing in accordance with section 653.1(3) of
the MGA to extend the 20-day time period to determine whether the subdivision application
and support information submitted is complete.
(3) If the applicant fails to submit all the outstanding information and documents on or before the
date referred to in section 54(1)(c) or a later date agreed on in writing between the applicant
and the Subdivision Authority or its designate, the application is deemed to be refused. The
Subdivision Authority or its designate will notify the applicant in writing that the application
has been refused and state the reason for the refusal and include the required information on
filing an appeal and to which appeal board the appeal lies, either the local appeal board or
provincial Municipal Government Board, in accordance with the parameters of the MGA. The
notification may be sent by regular mail to the applicant, or sent by electronic means, or both.
(4) A determination made by the Subdivision Authority or its designate that an application is
complete for processing does not preclude the ability for the Subdivision Authority or its
designate to request other information or studies or documentation to be submitted by the
applicant during the review and processing period, prior to a decision being rendered, or as a
condition of subdivision approval.
PART 2
LAND USE DISTRICTS AND REGULATIONS
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Town of Milk River Land Use Bylaw No. 997
PART 2 | 1
PART 2
LAND USE DISTRICTS AND REGULATIONS
1.
LAND USE DISTRICTS
The Town of Milk River is divided into those districts shown on the Land Use Districts Map of this
Part and shall be known by the following identifying names and symbols:
RESIDENTIAL
- R1
MANUFACTURED HOME RESIDENTIAL - R2
LARGE LOT RESIDENTIAL
- R3
RETAIL/GENERAL COMMERCIAL
- C1
HIGHWAY COMMERCIAL
- C2
LIGHT INDUSTRIAL
- I1
GENERAL INDUSTRIAL
- I2
RAILWAY
- RY
PUBLIC AND INSTITUTIONAL
- P/I
URBAN RESERVE
- UR
DIRECT CONTROL
- DC
2.
LAND USE DISTRICTS MAP AND LAND USE DISTRICTS REGULATIONS
The Land Use Districts Map and Land Use Districts Regulations follow this page.
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PART 2 (R1) | 1
RESIDENTIAL - R1
1.
INTENT
The intent of this land use district is to accommodate a variety of types of residential development
and compatible amenities in an attractive, orderly, economic and efficient manner.
2.
USES
(1)
PERMITTED USES
Accessory building:
first accessory building
53.6 m2 (576 ft2) or less
Day home*
Home occupation A*
Shipping container - temporary
Single-detached dwelling site built
(2)
DISCRETIONARY USES
TYPE A - Municipal Planning Commission
Day care facility
Dwellings:
Accessory
Duplex
Moved-in
Multi-unit
Row housing
Semi-detached
Single-detached manufactured**
Single-detached prefabricated**
Fence, gate, wall, hedge or other means of
enclosure within front yard or secondary
front yard greater than 1.83 m (6 ft) in
height
Lodging or boarding house
Moved-in building
Parks and playgrounds
Public and private utilities
Public open space
Seniors housing
Small wind energy system
Sportsfield
TYPE B - Development Officer
Accessory building greater than
53.6 m2 (576 ft2)
Accessory uses
Additional accessory building
Fence, gate, wall, hedge or other means of
enclosure within front yard or secondary
front yard greater than 0.91 m (3 ft) in
height
Guest lodging
Home occupation B
Shipping container - permanent
Signs
Solar collector
Temporary uses
*See Part 3, Development Not Requiring a Development Permit.
**Motor homes, recreational vehicles and park model trailers are prohibited for use as a dwelling.
Town of Milk River Land Use Bylaw No. 997
PART 2 (R1) | 2
3.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft
m
ft
m2
ft2
Dwelling, single-detached (all types)
15.2
50
35.1
115
534.2
5,750
Dwelling, two-unit:
- semi-detached
- duplex
24.4
(2 x 12.2)
21.3
80
70
35.1
35.1
115
115
854.7
747.8
9,200
8,050
Dwelling, multi-unit
30.5
100
35.1
115
1,068.4
11,500
Dwelling, row housing:
- interior units
- end units
7.6
12.2
25
40
35.1
35.1
115
115
267.1
427.3
2,875
4,600
Other uses
As required by the Development Authority
4.
SETBACK REQUIREMENTS FOR PRINCIPAL BUILDINGS AND USES
Use
Front Yard
Secondary
Front Yard
Side Yard
Rear Yard
m
ft
m
ft
m
ft
m
ft
Dwelling, single-detached
(all types)
7.6
25
3.05
10
1.5
5
7.6
25
Dwelling, two-unit
7.6
25
3.05
10
3.05
10
7.6
25
Dwelling, multi-unit
9.1
30
4.6
15
3.05
10
7.6
25
Row housing
7.6
25
3.05
10
3.05
10
7.6
25
All other uses
As required by the Development Authority
Note: Measurements are from the respective property line to the nearest point of the building or use.
Also refer to Part 4, for street corner visibility requirements and setbacks from easements and
abandoned wells.
5.
SETBACK REQUIREMENTS FOR ACCESSORY BUILDINGS AND USES
Use
Front Yard
Secondary
Front Yard
Side Yard
Rear Yard
m
ft
m
ft
m
ft
m
ft
Accessory buildings 13.9 m2
(150 ft2) and larger in size
See (1) below
3.05
10
1.5
5
1.5
5
Accessory buildings less than
13.9 m2 (150 ft2)
See (1) below
3.05
10
0.6
2
0.6
2
All other uses
As required by the Development Authority
Note: Measurements are from the respective property line to the nearest point of the building or use.
(1) No accessory building or use shall be located in the front yard or secondary front yard.
(2) All roof drainage is to be contained within the property that the said building is situated.
(3) Also refer to Part 4, for street corner visibility requirements and setbacks from easements and
abandoned wells.
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PART 2 (R1) | 3
(4) Any building or structure attached to a principal building is subject to the principal building
setbacks (e.g., deck, veranda, carport, attached garage).
(5) No accessory building or use shall be allowed on a lot without an approved principal building
or use.
(6) Accessory buildings and uses not specifically included within a development permit require a
separate development permit application, except where exempted in Part 3.
4.
MAXIMUM SITE COVERAGE
(1) Principal building - The principal building shall not cover more than 35 percent of the surface
area of a lot.
(2) Accessory building - The combined area of all accessory buildings shall not cover more than
15 percent of the surface area of a lot.
(3) Uncovered decks or patios are not included in the site coverage calculation.
5.
MINIMUM FLOOR AREA
Use
Minimum Floor Area
Accessory dwelling
30.2 m2 (325 ft2)
Duplex dwellings (each unit)
55.7 m2 (600 ft2)
Single-detached dwelling (all types)
74.3 m2 (800 ft2)
Semi-detached dwellings (each unit)
74.3 m2 (800 ft2)
Multi-unit dwellings (each unit)
50.2 m2 (540 ft2)
All other uses
As required by the Development Authority
6.
MAXIMUM BUILDING HEIGHT
Use
Maximum Height
Accessory buildings
4.6 m (15 ft)
All other uses
As required by the Development Authority
7.
GENERAL STANDARDS OF DEVELOPMENT - See Part 4.
8.
USE-SPECIFIC DEVELOPMENT STANDARDS - See Part 5.
9.
SIGN REGULATIONS - See Part 6.
10. OFF-STREET PARKING AND LOADING AREA REQUIREMENTS - See Part 7.
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Town of Milk River Land Use Bylaw No. 997
PART 2 (R2) | 1
MANUFACTURED HOME RESIDENTIAL - R2
1.
INTENT
The intent of this land use district is to provide an opportunity for predominately manufactured
home residential development in those areas of the Town of Milk River that are considered suitable
for such development.
2.
USES
(1)
PERMITTED USES
Accessory building:
first accessory building
53.6 m2 (576 ft2) or less
Day home*
Home occupation A*
Shipping container - temporary
Single-detached dwelling manufactured**
(2)
DISCRETIONARY USES
TYPE A - Municipal Planning Commission
Dwellings:
Duplex
Moved-in
Single-detached prefabricated **
Single-detached site built
Fence, gate, wall, hedge or other means of
enclosure within front yard or secondary
front yard greater than 1.83 m (6 ft) in
height
Manufactured home park
Moved-in building
Parks and playgrounds
Public and private utilities
Public open space
Small wind energy system
Sportsfield
TYPE B - Development Officer
Accessory building greater than
53.6 m2 (576 ft2)
Accessory uses
Additional accessory building
Fence, gate, wall, hedge or other means of
enclosure within front yard or secondary
front yard greater than 0.91 m (3 ft) in
height
Guest Lodging
Home occupation B
Shipping container - permanent
Signs
Solar collector
Temporary uses
*See Part 3, Development Not Requiring a Development Permit.
**Motor homes, recreational vehicles and park model trailers are prohibited for use as a dwelling.
3.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft
m
ft
m2
ft2
Single-detached manufactured
15.2
50
36.6
120
557.4
6,000
Other uses
As required by the Development Authority
Note: Measurements are from the respective property line to the nearest point of the building or use.
Town of Milk River Land Use Bylaw No. 997
PART 2 (R2) | 2
Also refer to Part 4, for street corner visibility requirements and setbacks from easements and
abandoned wells.
4.
SETBACK REQUIREMENTS FOR PRINCIPAL BUILDINGS AND USES
Use
Front Yard
Secondary
Front Yard
Side Yard
Rear Yard
m
ft
m
ft
m
ft
m
ft
Single-detached manufactured
6.1
20
4.6
15
4.6
15
3.0
10
main entrance side
1.5
5
other side
All other uses
As required by the Development Authority
Note: Measurements are from the respective property line to the nearest point of the building or use.
Also refer to Part 4, for street corner visibility requirements and setbacks from easements and
abandoned wells.
5.
SETBACK REQUIREMENTS FOR ACCESSORY BUILDINGS AND USES
Use
Front Yard
Secondary
Front Yard
Side Yard
Rear Yard
m
ft
m
ft
m
ft
m
ft
Accessory buildings 13.9 m2
(150 ft2) and larger in size
See (1) below
4.6
15
1.5
5
1.5
5
Accessory buildings less than
13.9 m2 (150 ft2)
See (1) below
4.6
15
0.6
2
0.6
2
All other uses
As required by the Development Authority
Note: Measurements are from the respective property line to the nearest point of the building or use.
(1) No accessory building or use shall be located in the front yard or secondary front yard.
(2) All roof drainage is to be contained within the property that the said building is situated.
(3) Also refer to Part 4, for street corner visibility requirements and setbacks from easements and
abandoned wells.
(4) Any building or structure attached to a principal building is subject to the principal building
setbacks (e.g., deck, veranda, carport, attached garage).
(5) No accessory building or use shall be allowed on a lot without an approved principal building
or use.
(6) Accessory buildings and uses not specifically included within a development permit require a
separate development permit application, except where exempted in Part 3.
6.
MAXIMUM SITE COVERAGE
(1) Principal building/structure - The principal building shall not cover more than 35 percent of
the surface area of a lot.
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PART 2 (R2) | 3
(2) Accessory building/structure - The combined area of all accessory buildings shall not cover
more than 15 percent of the surface area of a lot.
(3) Uncovered decks or patios are not included in the site coverage calculation.
7.
MINIMUM FLOOR AREA
Use
Minimum Floor Area
Single-detached manufactured
65.0 m2 (700 ft2)
All other uses
As required by the Development Authority
8.
MAXIMUM BUILDING HEIGHT
Use
Maximum Height
Accessory buildings
4.6 m (15 ft)
All other uses
As required by the Development Authority
9.
GENERAL STANDARDS OF DEVELOPMENT - See Part 4.
10. USE-SPECIFIC DEVELOPMENT STANDARDS - See Part 5.
11. SIGN REGULATIONS - See Part 6.
12. OFF-STREET PARKING AND LOADING AREA REQUIREMENTS - See Part 7.
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PART 2 (R3) | 1
LARGE LOT RESIDENTIAL - R3
1.
INTENT
The intent of this land use district is to provide for quality residential and related development on
those larger lots within the Town of Milk River that have been designated as suitable for such
development.
2.
USES
(1)
PERMITTED USES
Accessory building:
first accessory building
53.6 m2 (576 ft2) or less
Day home*
Home occupation A*
Shipping container - temporary
Single-detached dwelling site built
(2)
DISCRETIONARY USES
TYPE A - Municipal Planning Commission
Fence, gate, wall, hedge or other means of
enclosure within front yard or secondary
front yard greater than 1.83 m (6 ft) in
height
Parks and playgrounds
Public and private utilities
Public open space
Small wind energy system
Sportsfield
TYPE B - Development Officer
Accessory building greater than
53.6 m2 (576 ft2)
Accessory uses
Additional accessory building
Fence, gate, wall, hedge or other means of
enclosure within front yard or secondary
front yard greater than 0.91 m (3 ft) in
height
Home occupation B
Shipping container - permanent
Signs
Solar collector
Temporary uses
*See Part 3, Development Not Requiring a Development Permit.
3.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft
m
ft
m2
ft2
Single-detached dwelling
21.3
70
53.3
175
1,138
12,250
Other uses
As required by the Development Authority
Note: Measurements are from the respective property line to the nearest point of the building or use.
Also refer to Part 4 for street corner visibility requirements and setbacks from easements and
abandoned wells.
Town of Milk River Land Use Bylaw No. 997
PART 2 (R3) | 2
4.
SETBACK REQUIREMENTS FOR PRINCIPAL BUILDINGS AND USES
Use
Front Yard
Secondary
Front Yard
Side Yard
Rear Yard
m
ft
m
ft
m
ft
m
ft
Single-detached dwelling
10.7
35
3.05
10
1.5
5
10.7
35
All other uses
As required by the Development Authority
Note: Measurements are from the respective property line to the nearest point of the building or use.
Also refer to Part 4, for street corner visibility requirements and setbacks from easements and
abandoned wells.
5.
SETBACK REQUIREMENTS FOR ACCESSORY BUILDINGS AND USES
Use
Front Yard
Secondary
Front Yard
Side Yard
Rear Yard
m
ft
m
ft
m
ft
m
ft
Accessory buildings 13.9 m2
(150 ft2) and larger in size
See (1) below
3.05
10
1.5
5
1.5
5
Accessory buildings less than
13.9 m2 (150 ft2)
See (1) below
3.05
10
0.6
2
0.6
2
All other uses
As required by the Development Authority
Note: Measurements are from the respective property line to the nearest point of the building or use.
(1) No accessory building or use shall be located in the front yard or secondary front yard.
(2) All roof drainage is to be contained within the property that the said building is situated.
(3) Also refer to Part 4 for street corner visibility requirements and setbacks from easements and
abandoned wells.
(4) Any building or structure attached to a principal building is subject to the principal building
setbacks (e.g., deck, veranda, carport, attached garage).
(5) No accessory building or use shall be allowed on a lot without an approved principal building
or use.
(6) Accessory buildings and uses not specifically included within a development permit require a
separate development permit application, except where exempted in Part 3.
6.
MAXIMUM SITE COVERAGE
(1) Principal building - The principal building shall not cover more than 35 percent of the surface
area of a lot.
(2) Accessory building - The combined area of all accessory buildings shall not cover more than
15 percent of the surface area of a lot.
(3) Uncovered decks or patios are not included in the site coverage calculation.
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7.
MINIMUM FLOOR AREA
Use
Minimum Floor Area
Single-detached dwellings
120.8 m2 (1,300 ft2)
All other uses
As required by the Development Authority
8.
MAXIMUM BUILDING HEIGHT
Use
Maximum Height
Accessory buildings
4.6 m (15 ft)
All other uses
As required by the Development Authority
9.
GENERAL STANDARDS OF DEVELOPMENT - See Part 4.
10. USE-SPECIFIC DEVELOPMENT STANDARDS - See Part 5.
11. SIGN REGULATIONS - See Part 6.
12. OFF-STREET PARKING AND LOADING AREA REQUIREMENTS - See Part 7.
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PART 2 (C1) | 1
RETAIL/GENERAL COMMERCIAL - C1
1.
INTENT
The intent of this land use district is to accommodate a variety of retail and commercial uses
primarily within the central commercial area and other areas of Town where deemed compatible
with adjacent uses.
2.
USES
(1)
PERMITTED USES
Business support service
Clubs and organizations
Convenience store
Financial institution
Food store, bakery, deli, grocery
Government service
Hotel
Medical/health facility
Office
Personal service
Restaurant
Retail outlet
Shipping container - temporary
(2)
DISCRETIONARY USES
TYPE A - Municipal Planning Commission
Automobile sales and service
Building supplies
Car wash
Community hall
Cultural facility
Equipment sales, rentals and service
Fence, gate, wall, hedge or other means of
enclosure within front yard or secondary
front yard greater than 1.83 m (6 ft) in
height
Funeral home
Garden centre
Household repair service
Mixed use building
Moved-in building
Parking facility
Parks and playgrounds
Public and private utilities
Public open space
Religious assembly
Retail cannabis store
Seniors housing
Service station
Small wind energy system
Veterinary clinic - small animal
Warehouse - retail
Workshop accessory to retail
TYPE B - Development Officer
Accessory buildings
Accessory uses
Amusement facility
Animal grooming facility
Day care facility
Farmer's market
Fence, gate, wall, hedge or other means of
enclosure within front yard or secondary
front yard greater than 0.91 m (3 ft) in
height
Licensed premises
Liquor store
Shipping container - permanent
Signs
Solar collector
Temporary uses
Tourist information
Town of Milk River Land Use Bylaw No. 997
PART 2 (C1) | 2
3.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft
m
ft
m2
ft2
All uses
7.6
25
30.5
100
131.9
1,420
Note: Measurements are from the respective property line to the nearest point of the building or use.
4.
SETBACK REQUIREMENTS FOR PRINCIPAL AND ACCESSORY BUILDINGS AND USES
Use
Front Yard
Secondary
Front Yard
Side Yard
Rear Yard
m
ft
m
ft
m
ft
m
ft
All uses facing Main Street
0.0
0
1.5
5
0
0
As required by
Development
Authority
All uses facing Centre Avenue
3.0
10
3.0
10
0
0
All other uses
1.5
5
1.5
5
0
0
Note: Measurements are from the respective property line to the nearest point of the building or use.
Also refer to Part 4, for setbacks from easements and abandoned wells.
5.
MAXIMUM SITE COVERAGE
The combined total of all principal buildings and accessory buildings shall not cover more than 80
percent of the surface area of a lot.
6.
GENERAL STANDARDS OF DEVELOPMENT - See Part 4.
7.
USE-SPECIFIC DEVELOPMENT STANDARDS - See Part 5.
8.
SIGN REGULATIONS - See Part 6.
9.
OFF-STREET PARKING AND LOADING AREA REQUIREMENTS - See Part 7.
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C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3
Town of Milk River Land Use Bylaw No. 997
PART 2 (C2) | 1
HIGHWAY COMMERCIAL - C2
1.
INTENT
To ensure sites adjacent to major thoroughfares are reserved for appropriate commercial uses for
the benefit of the community and regional commerce.
2.
USES
(1)
PERMITTED USES
Automobile sales and service
Convenience store
Equipment sales, rental and service
Hotel
Motel
Restaurant
Shipping container - temporary
Tourist information
(2)
DISCRETIONARY USES
TYPE A - Municipal Planning Commission
Funeral home
Building supplies
Car/truck wash
Fence, gate, wall, hedge or other means of
enclosure within front yard or secondary
front yard greater than 1.83 m (6 ft) in
height
Food store, bakery, deli, grocery
Garden centre
Moved-in building
Parks and playgrounds
Parking facility
Public and private utilities
Public open space
Recreation facility
Retail outlet
Small wind energy system
Truck park/rest area
Truck stop
Veterinary clinic - small animal
Warehouse - retail
Workshop accessory to retail
TYPE B - Development Officer
Accessory buildings
Accessory uses
Amusement facility
Animal grooming facility
Farmer's market
Fence, gate, wall, hedge or other means of
enclosure within front yard or secondary
front yard greater than 0.91 m (3 ft) in
height
Household repair service
Licensed premises
Liquor store
Shipping container - permanent
Signs
Solar collector
Temporary uses
3.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft
m
ft
m2
ft2
All uses
30.5
100
45.7
150
1,393.5
15,000
Note: Measurements are from the respective property line to the nearest point of the building or use.
Town of Milk River Land Use Bylaw No. 997
PART 2 (C2) | 2
4.
SETBACK REQUIREMENTS FOR PRINCIPAL BUILDINGS AND USES
Use
Front Yard
Secondary
Front Yard
Side Yard
Rear Yard
m
ft
m
ft
m
ft
m
ft
All uses
9.1
30
4.6
15
4.6
15
7.6
25
Note: Measurements are from the respective property line to the nearest point of the building or use.
Also refer to Part 4 for setbacks from easements and abandoned wells.
5.
SETBACK REQUIREMENTS FOR ACCESSORY BUILDINGS AND USES
Use
Front Yard
Secondary
Front Yard
Side Yard
Rear Yard
m
ft
m
ft
m
ft
m
ft
All uses
9.1
30
4.6
15
As required by the Development
Authority
6.
MAXIMUM SITE COVERAGE
The combined total of all principal buildings and accessory buildings shall not occupy more than 50
percent of the surface area of a lot.
7.
GENERAL STANDARDS OF DEVELOPMENT - See Part 4.
8.
USE-SPECIFIC DEVELOPMENT STANDARDS - See Part 5.
9.
SIGN REGULATIONS - See Part 6.
10. OFF-STREET PARKING AND LOADING AREA REQUIREMENTS - See Part 7.
T o w n o f C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3 T o w n o f
C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3
Town of Milk River Land Use Bylaw No. 997
PART 2 (I1) | 1
LIGHT INDUSTRIAL - I1
1.
INTENT
The intent of this land use district is to provide for a range of industrial uses and other compatible
development in those area of the Town of Milk River that are considered suitable for such
development.
2.
USES
(1)
PERMITTED USES
Building and special trade contractors
Building supplies
Equipment sales, rental and service
Household repair service
Mini-storage
Outdoor storage
Shipping container - temporary
Truck transportation depots/dispatch
Veterinary clinic - small animal
Warehousing
Wholesale - trade
(2)
DISCRETIONARY USES
TYPE A - Municipal Planning Commission
Auto body and paint shop
Bulk fuel storage and sales
Car/truck wash
Convenience store
Fence, gate, wall, hedge or other means of
enclosure within front yard or secondary
front yard greater than 1.83 m (6 ft) in
height
Funeral home
Intensive horticulture
Kennel
Light industry and manufacturing
Manufactured homes sales and service
Moved-in building
Office
Public and private utilities
Public open space
Recycling facility
Retail uses ancillary to approved principal use
Service station
Small wind energy system
Truck park/rest area
Truck stop
Veterinary clinic - small animal and large
animal
TYPE B - Development Officer
Accessory buildings
Accessory uses
Fence, gate, wall, hedge or other means of
enclosure within front yard or secondary
front yard greater than 0.91 m (3 ft) in
height
Garden centre
Parking facility
Shipping container - permanent
Signs
Solar collector
Temporary uses
Town of Milk River Land Use Bylaw No. 997
PART 2 (I1) | 2
3.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft
m
ft
m2
ft2
All uses
30.5
100
30.5
100
929.0
10,000
4.
SETBACK REQUIREMENTS FOR PRINCIPAL BUILDINGS AND USES
Use
Front Yard
Secondary
Front Yard
Side Yard
Rear Yard
m
ft
m
ft
m
ft
m
ft
All uses
7.6
25
4.6
15
3.0
10
7.6
25
Note: Measurements are from the respective property line to the nearest point of the building or use.
Also refer to Part 4 for setbacks from easements and abandoned wells.
5.
SETBACK REQUIREMENTS FOR ACCESSORY BUILDINGS AND USES
Use
Front Yard
Secondary
Front Yard
Side Yard
Rear Yard
m
ft
m
ft
m
ft
m
ft
All uses
7.6
25
4.6
15
As required by the Development
Authority
6.
MAXIMUM SITE COVERAGE
The combined area of all principal buildings/structures and accessory buildings and structures shall
not occupy more than 60 percent of the surface area of a lot.
7.
OUTDOOR STORAGE
(1) No outdoor storage shall be permitted in the required front yard setback of 7.6 m (25 ft) nor in
the required corner lot side yard setback of 4.6 m (15 ft).
(2) Display of vehicles, new machinery and new equipment may be allowed in front of a proposed
building, provided such display does not encroach on the required front or side yards.
(3) Other outdoor storage areas shall be effectively screened from view by buildings, solid fences,
trees, landscaped features or combinations thereof and be maintained in good repair.
8.
ENVIRONMENTAL IMPACT ASSESSMENT
Where, in the opinion of the Development Officer or the Municipal Planning Commission, a
proposed development may create an unacceptable environmental impact, an environmental
impact assessment may be required prior to dealing with the application.
9.
STANDARDS OF DEVELOPMENT - See Part 4.
10. USE-SPECIFIC DEVELOPMENT STANDARDS - See Part 5.
T o w n o f C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3 T o w n o f
C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3
Town of Milk River Land Use Bylaw No. 997
PART 2 (I1) | 3
11. SIGN REGULATIONS - See Part 6.
12. OFF-STREET PARKING AND LOADING AREA REQUIREMENTS - See Part 7.
T o w n o f C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3 T o w n o f
C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3
Town of Milk River Land Use Bylaw No. 997
PART 2 (I2) | 1
GENERAL INDUSTRIAL - I2
1.
INTENT
The intent of this land use district is to encourage the efficient and planned development of more
intensive industrial uses in a manner compatible with other surrounding land uses.
2.
USES
(1)
PERMITTED USES
Building and special trade contractors
Equipment sales, rental and service
Mini-storage
Outdoor storage
Shipping container - temporary
Truck transportation depots/dispatch
Warehousing
Wholesale - trade
(2)
DISCRETIONARY USES
TYPE A - Municipal Planning Commission
Auto body and paint shop
Auto wreckage and salvage
Bulk fertilizer storage and sales
Bulk fuel storage and sales
Concrete batch plant
Fence, gate, wall, hedge or other means of
enclosure within front yard or secondary
front yard greater than 1.83 m (6 ft) in
height
Grain elevators
Heavy manufacturing and industry
Intensive horticulture
Light industry and manufacturing
Recycling facility
Seed cleaning plants
Small wind energy system
Veterinary clinic - small animal and large
animal
TYPE B - Development Officer
Accessory buildings
Accessory uses
Fence, gate, wall, hedge or other means of
enclosure within front yard or secondary
front yard greater than 0.91 m (3 ft) in
height
Moved-in building
Parking facility
Public and private utilities
Shipping container - permanent
Signs
Solar collector
Temporary uses
3.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft
m
ft
m2
ft2
All uses
30.5
100
30.5
100
929.0
10,000
Town of Milk River Land Use Bylaw No. 997
PART 2 (I2) | 2
4.
SETBACK REQUIREMENTS FOR PRINCIPAL BUILDINGS AND USES
Use
Front Yard
Secondary
Front Yard
Side Yard
Rear Yard
m
ft
m
ft
m
ft
m
ft
All uses
7.6
25
4.6
15
3.0
10
7.6
25
Note: Measurements are from the respective property line to the nearest point of the building or use.
Also refer to Part 4 for setbacks from easements and abandoned wells.
5.
SETBACK REQUIREMENTS FOR ACCESSORY BUILDINGS AND USES
Use
Front Yard
Secondary
Front Yard
Side Yard
Rear Yard
m
ft
m
ft
m
ft
m
ft
All uses
7.6
25
4.6
15
As required by the Development
Authority
6.
MAXIMUM SITE COVERAGE
The combined total of all principal buildings and accessory buildings shall occupy no more than 75
percent of the surface area of a lot.
7.
OUTDOOR STORAGE
(1) No outdoor storage shall be permitted in the required front yard setback of 7.6 m (25 ft) nor in
the required secondary front setback of 4.6 m (15 ft).
(2) Other outdoor storage areas shall be effectively screened from view by buildings, solid fences,
trees, landscaped features or combinations thereof.
8.
ENVIRONMENTAL IMPACT ASSESSMENT
Where, in the opinion of the Development Authority, a proposed development may create an
unacceptable environmental impact, an environmental impact assessment may be required prior to
dealing with the application.
9.
STANDARDS OF DEVELOPMENT - See Part 4.
10. USE-SPECIFIC DEVELOPMENT STANDARDS - See Part 5.
11. SIGN REGULATIONS - See Part 6.
12. OFF-STREET PARKING AND LOADING AREA REQUIREMENTS - See Part 7.
T o w n o f C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3 T o w n o f
C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3
Town of Milk River Land Use Bylaw No. 997
PART 2 (RY) | 1
RAILWAY - RY
1.
INTENT
The intent of this land use district is to ensure that development on railroad lands within the Town
of Milk River is compatible with other land uses.
2.
USES
(1)
PERMITTED USES
Grain elevators
Shipping container - temporary
Uses and buildings required in the
operation of a railway
(2)
DISCRETIONARY USES
TYPE A - Municipal Planning Commission
Bulk fertilizer storage and sales
Bulk fuel storage and sales
Fence, gate, wall, hedge or other means of
enclosure within front yard or secondary
front yard greater than 1.83 m (6 ft) in
height
Other industrial uses requiring a railway spur
Public and private utilities
Small wind energy system
TYPE B - Development Officer
Accessory buildings
Accessory uses
Fence, gate, wall, hedge or other means of
enclosure within front yard or secondary
front yard greater than 0.91 m (3 ft) in
height
Shipping container - permanent
Signs
Solar collector
Temporary uses
3.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft
m
ft
m2
ft2
All uses
30.5
100
30.5
100
929.0
10,000
4.
MINIMUM SETBACK REQUIREMENTS PRINCIPAL BUILDINGS AND USES
Use
Front Yard
Secondary
Front Yard
Side Yard
Rear Yard
m
ft
m
ft
m
ft
m
ft
All uses
7.6
25
4.6
15
3.0
10
7.6
25
Note: Measurements are from the respective property line to the nearest point of the building or use.
Also refer to Part 4 for setbacks from easements and abandoned wells.
Town of Milk River Land Use Bylaw No. 997
PART 2 (RY) | 2
5.
SETBACK REQUIREMENTS FOR ACCESSORY BUILDINGS AND USES
Use
Front Yard
Secondary
Front Yard
Side Yard
Rear Yard
m
ft
m
ft
m
ft
m
ft
All uses
7.6
25
4.6
15
As required by the Development
Authority
6.
MAXIMUM SITE COVERAGE
The combined total of all principal buildings and accessory buildings shall occupy no more than 75
percent of the surface area of a lot.
7.
MAXIMUM HEIGHT OF BUILDING
As required by the Development Authority.
8.
OUTDOOR STORAGE
(1) No outdoor storage shall be permitted in the required front yard setback of 7.6 m (25 ft) nor in
the required secondary front yard setback of 4.6 m (15 ft).
(2) Other outdoor storage areas shall be effectively screened from view by buildings, solid fences,
trees, landscaped features or combinations thereof and be maintained in good repair.
9.
ENVIRONMENTAL IMPACT ASSESSMENT
Where, in the opinion of the Development Authority, a proposed development may create an
unacceptable environmental impact, an environmental impact assessment may be required prior to
dealing with the application.
10. STANDARDS OF DEVELOPMENT - See Part 4.
11. USE-SPECIFIC STANDARDS OF DEVELOPMENT - See Part 5.
12. SIGN REGULATIONS - See Part 6.
13. OFF-STREET PARKING AND LOADING AREA REQUIREMENTS - See Part 7.
T o w n o f C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3 T o w n o f
C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3
Town of Milk River Land Use Bylaw No. 997
PART 2 (P/I) | 1
PUBLIC AND INSTITUTIONAL - P/I
1.
INTENT
The intent of this land use district is to ensure that the development of institutional uses and
facilities within the Town of Milk River is compatible with other land uses.
2.
USES
(1)
PERMITTED USES
Assisted living
Clubs and organizations
Community hall
Cultural facility
Day care facility
Farmer's market
Government service
Hospital
Medical/health facility
Parks and playgrounds, sportsfields, public
open spaces
Religious assembly
School/education facility
Seniors housing
Shipping container - temporary
Tourist information
(2)
DISCRETIONARY USES
TYPE A - Municipal Planning Commission
Cemetery and internment services
Dormitory
Fence, gate, wall, hedge or other means of
enclosure within front yard or secondary
front yard greater than 1.83 m (6 ft) in
height
Funeral home
Group care facility
Recreation facility
Recycling facility
Residence in conjunction with an approved
permitted or discretionary use
Rodeo grounds
Small wind energy system
Waste transfer site
Wastewater treatment plant
Water treatment plant
TYPE B - Development Officer
Accessory buildings
Accessory use
Fence, gate, wall, hedge or other means of
enclosure within front yard or secondary
front yard greater than 0.91 m (3 ft) in
height
Moved-in building
Parking facility
Public or private utilities
Shipping container - permanent
Signs
Solar collector
Temporary uses
3.
MINIMUM LOT SIZE
As required by the Development Officer or the Municipal Planning Commission.
Town of Milk River Land Use Bylaw No. 997
PART 2 (P/I) | 2
4.
MINIMUM SETBACK REQUIREMENTS FOR PRINCIPAL BUILDINGS AND USES
Use
Front Yard
Secondary
Front Yard
Side Yard
Rear Yard
m
ft
m
ft
m
ft
m
ft
All uses
7.6
25
3.0
10
3.0
10
7.6
25
Note: Measurements are from the respective property line to the nearest point of the building or use.
Also refer to Part 4 for setbacks from easements and abandoned wells.
5.
SETBACK REQUIREMENTS FOR ACCESSORY BUILDINGS AND USES
Use
Front Yard
Secondary
Front Yard
Side Yard
Rear Yard
m
ft
m
ft
m
ft
m
ft
All uses
7.6
25
3.0
10
As required by the Development
Authority
6.
MAXIMUM SITE COVERAGE
The combined total of all principal buildings and accessory buildings shall occupy no more than 50
percent of the surface area of a lot.
7.
STANDARDS OF DEVELOPMENT - See Part 4.
8.
USE-SPECIFIC DEVELOPMENT STANDARDS - See Part 5.
9.
SIGN REGULATIONS - See Part 6.
10. OFF-STREET PARKING AND LOADING AREA REQUIREMENTS - See Part 7.
T o w n o f C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3 T o w n o f
C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3
Town of Milk River Land Use Bylaw No. 997
PART 2 (UR) | 1
URBAN RESERVE - UR
1.
INTENT
The intent of this land use district is to ensure the planned and orderly development of the fringe
area of the Town of Milk River in order that this area may be suitable for more intensive future
development.
2.
USES
(1)
PERMITTED USES
Extensive agriculture*
(2)
DISCRETIONARY USES
TYPE A - Municipal Planning Commission
Accessory buildings to an extensive
agricultural use
Fence, gate, wall, hedge or other means of
enclosure within front yard or secondary
front yard greater than 1.83 m (6 ft) in
height
Parks and playgrounds public open space and
sportsfields
Public or private utilities
TYPE B - Development Officer
Fence, gate, wall, hedge or other means of
enclosure within front yard or secondary
front yard greater than 0.91 m (3 ft) in
height
Signs
*See Part 4, Development Not Requiring a Development Permit.
3.
MINIMUM LOT SIZE
All uses - 4.0 ha (10 acres)
4.
DEVELOPMENT PREREQUISITE
The Development Authority may require that a discretionary use only be approved when an area
structure plan for the site has been adopted by Council.
5.
MINIMUM SETBACK REQUIREMENTS
As required by the Development Authority.
6.
MAXIMUM SITE COVERAGE
As required by the Development Authority.
7.
STANDARDS OF DEVELOPMENT - See Part 4.
8.
USE-SPECIFIC DEVELOPMENT STANDARDS - See Part 5.
Town of Milk River Land Use Bylaw No. 997
PART 2 (UR) | 2
9.
SIGN REGULATIONS - See Part 6.
10. OFF-STREET PARKING AND LOADING AREA REQUIREMENTS - See Part 7.
T o w n o f C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3 T o w n o f
C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3
Town of Milk River Land Use Bylaw No. 997
PART 2 (DC) | 1
DIRECT CONTROL - DC
1.
INTENT
The intent of this land use district is to allow flexibility for approval of uses on sites which have
potential for a variety of different uses and where the circumstances relating to the development of
a site are such that regulation and control by the use of the other land use districts is inadequate
considering long-range planning goals and the greater public interest. On sites designated Direct
Control, Council is willing to consider proposals that do not unduly interfere with the amenities of
the neighbourhood or materially interfere with or affect the use, enjoyment or value of
neighbouring properties.
2.
USES
PERMITTED AND DISCRETIONARY USES
Council may by bylaw, specify permitted, and/or discretionary uses.
3.
MINIMUM LOT SIZE
As determined by Council.
4.
MINIMUM SETBACK REQUIREMENTS
As determined by Council.
5.
STANDARDS OF DEVELOPMENT
As determined by Council having regard to Parts 4 and 5 and any other matters determined
necessary by Council.
6.
SIGN REGULATIONS
As determined by Council having regard to Part 6.
7.
OTHER STANDARDS
As required by Council.
8.
DEVELOPMENT APPROVAL PROCEDURES
(1) Before Council considers an application for a use in the Direct Control district, they shall:
(a) cause notice to be issued by the Development Officer in accordance with Part 1, section
39 of this Bylaw; and
(b) hear any persons who claim to be affected by a decision on the application.
(2) Council may then approve the application with or without conditions or refuse the application.
Town of Milk River Land Use Bylaw No. 997
PART (DC) | 2
(3) Subsequent to a decision, notification shall be displayed/posted in the Town of Milk River
office and mailed to the applicant.
(4) Where the Development Authority has been delegated the authority to decide upon
applications, prior and subsequent to a decision, notification shall be issued in accordance with
Part 1, sections 39 and 40 of this Bylaw.
9.
DELEGATION OF AUTHORITY
Council may delegate the authority to decide upon an application to the Development Authority as
described in the adopting Direct Control bylaw.
10. APPEAL PROCEDURE
(1) Pursuant to Part 1, section 17 and section 641(4)(a) of the Municipal Government Act, if a
decision with respect to a development permit application is made by Council, there is no
appeal to the Subdivision and Development Appeal Board.
(2) If a decision with respect to a development permit application is made by the Development
Authority, then the appeal to the Subdivision and Development Appeal Board shall be limited
to whether the Development Authority followed the instructions properly as delegated by
Council.
11. DIRECT CONTROL DISTRICTS AND ADOPTING BYLAWS
(1) Any parcel designated as Direct Control - DC as illustrated on the Land Use Districts Map is
designated for that purpose.
(2) Where a parcel has been designated Direct Control - DC prior to this Bylaw coming into effect
and is included in the list below, the standards or regulations approved by Council at that time
of such designation to the Direct Control - DC land use district shall continue to apply.
(a) The following Direct Control - DC bylaw was adopted with Land Use Bylaw No. 781 under
the general DC designation. Uses and development standards are as determined by
Council.
LEGAL DESCRIPTION
PLAN COUNTY OF WARNER 8810371, MILK RIVER TRAVEL INFORMATION CENTRE,
EXCEPTING THEREOUT PLAN 1012647
(b) The following Direct Control - DC bylaw was adopted as an amendment to Land Use
Bylaw No. 821, and for continuity is adopted as part of this Bylaw and remains in full force
unless otherwise amended or repealed. The amending bylaw follows this section.
BYLAW NO.
LEGAL DESCRIPTION
DATE OF ADOPTION
996
Lot 1, Block 44, Plan 1410068
September 13, 2016
T o w n o f C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3 T o w n o f
C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3
Town of Milk River Land Use Bylaw No. 997
PART 2 (DC) | 3
(3) The following is a reference list of redesignation bylaws adopted by Council which designated
the specified parcels of land to a Direct Control - DC land use district. This list will be updated
on an on-going basis and displays the amending bylaws to the most recent date of the Land
Use Bylaw being consolidated (updated). The amending bylaws follow this section.
BYLAW NO.
LEGAL DESCRIPTION
DATE OF ADOPTION
TOWN OF MILK RIVER
IN THE PROVICE OF ALBERTA
BYLAW NO. 996
BEING a bylaw of the Town of Milk River, in the Province of Alberta, to amend Bylaw No. 621
being the
municipality's Land Use Bylaw.
WHEREAS the Council of the Town of Milk River proposes to redesIgnate land described as:
Lot 1, Block 44, Plan 1410068
from Direct Control
-- DC designated under amending Bylaw No. 970 to a new Direct Control
- DC, as
shown on the map In Schedule A attached hereto.
AND WHEREAS the purpose of proposed Bylaw No. 996 is to provide for site-specific regulation of
development adjacent to the Town of Milk Rivers reservoir to ensure protection of the raw water supply;
AND WHEREAS the To'vn of Milk River has determined that the aforemenUoned land is not required for
expansion or maintenance of the raw water supply;
AND WHEREAS the uses and regulations for the Direct Control district for the aforementioned land are
described in Schedule B attached hereto;
AND WHEREAS the Town of Milk River has adopted a Municipal Development Plan and therefore may
exercise control over the use and development of land or buildings within an area of the municipality
through a direct control district;
AND WHEREAS the municipality must prepare an amending bylaw and provide for its consideration at a
public hearing.
NOW THEREFORE, under the authority and subject to the provisions of the Municipal Government Act,
Revised Statutes of Alberta 2000, Chapter M-26, as amended, the Council of the Town of Milk River duly
assembled does hereby enact the following:
1
That amending Bylaw No. 970 is rescinded.
2.
Land described as Lot l, Block 44, Plan 1410068, as shown on Schedule A (attached), be
designated Direct Control
- DC.
3.
The uses and regulations for the Direct Control district shall be as described in Schedule B
(attached).
4.
The Land Use Districts Map shall be amended to reflect this designation.
5.
Bylaw No. 821, being the Land Use Bylaw, is hereby amended.
6.
This bylaw comes into effect upon third and final reading hereof.
READ a first time this 15
day of
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DATE: AUGUST 8, 2016
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LAND USE DISTRICT REDESIGNATION
SCHEDULE 'A'
Schedule B
DIRECT CONTROL BYLAW NO. 996
1.
INTENT
To regulate and control development of a Lot 1 , Block 44, Plan 1 41 0068 (as shown on Schedule
A) located east of the Town of Milk River's reservoir to ensure protection of the Town's raw water
supply.
2.
USES
Medical marihuana production facilities
Any other uses council considers suitable
3.
MINIMUM LOT SIZE
As determined by Council having regard for the proximity to the Town of Milk River's reservoir
and the need to ensure protection of the Town's raw water supply.
4.
MINIMUM SETBACK REQUIREMENTS
As determined by Council.
5.
STANDARDS OF DEVELOPMENT
As determined by Council having regard to Schedule 4 of the Town of Milk River Land Use
Bylaw and the proximity to the Town of Milk River's reservoir.
6.
SIGN REGULATIONS
As determined by Council having regard to Schedule 7 of the Town of Milk River Land Use
Bylaw and the proximity to the Town of Milk River's reservoir.
7.
OTHER STANDARDS
(a) The owner or applicant must provide as a condition of development a copy of the current
licence for all activities associated with medical marihuana production as issued by Health
Canada.
(b) The owner or applicant must obtain any other approval, permit, authorization, consent or
licence that may be required to ensure compliance with applicable federal, provincial or
other municipal legislation.
(c) The development must be undertaken in a manner such that all of the processes and
functions are fully enclosed within a building.
(d) The development shall not include outdoor storage of goods, materials or supplies.
(e) The development must include equipment designed and intended to remove odours from
the air where it is discharged from the building as part of the ventilation system.
(f)
Any other standards as Council requires.
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PART 3
DEVELOPMENT NOT REQUIRING A PERMIT
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Town of Milk River Land Use Bylaw No. 997
PART 3 | 1
PART 3
DEVELOPMENT NOT REQUIRING A PERMIT
1. The following developments do not require a development permit:
(a) any use or development exempted under section 618 of the Municipal Government Act or
exempted in an exemption regulation;
(b) telecommunication antenna systems regulated by Industry Canada subject to Part 5, Use
Specific Standards of Development, section 15 (Telecommunication Antenna Siting Protocol);
(c) the completion of a building which was lawfully under construction at the date this bylaw
came into effect provided the building is completed in accordance with the terms and
conditions of the development permit granted;
(d) the completion of a building that did not require a development permit under the previous
Land Use Bylaw and which was lawfully under construction provided the building is completed
within 12 months from the date this Bylaw came into effect;
(e) the maintenance and repair of public works, services and utilities carried out by or on behalf of
federal, provincial, municipal or public authorities on land which is publically owned or
controlled.
2. The following development does not require a development permit, but must otherwise comply
with the requirements of this Bylaw:
(a) the carrying out of works of maintenance or repair to any building if such works do not include
structural alterations or additions;
(b) interior renovations to a building which do not:
(i)
create another dwelling unit,
(ii) increase parking requirements, or
(iii) result in the change in use or intensity of use of a building or land;
(c) a change to the exterior cladding (finish) of a building;
(d) the temporary erection or construction of buildings, works, plant or machinery needed in
connection with the development for which a development permit has been issued for the
period of those operations;
(e) the temporary placement of one shipping container in connection with the construction of a
development for which a development permit has been issued for the period of those
operations in accordance with the following:
(i)
construction site is active (i.e., construction has commenced and is on-going or is about to
commence within two weeks); placement of a shipping container on an inactive
construction site is prohibited;
Town of Milk River Land Use Bylaw No. 997
PART 3 | 2
(ii) minimum yard setbacks shall be 0.9 m (3 ft);
(iii) shipping container must be removed immediately upon completion of construction;
(iv) more than one shipping container on an active construction site or placement of a
shipping container on a lot in connection with a project for which a development permit is
not required in accordance with this Schedule, requires the issuance of a development
permit prior to placement of the temporary shipping container.
(f)
the erection, maintenance or alteration of a fence, gate, wall, hedge or other means of
enclosure in accordance with Part 4, sections 4 and 6.
(g) the erection or placement of one accessory building or structure of less than 13.9 m2 (150 ft2)
in area;
(h) lot grading where the prevailing drainage patterns are not altered and adjacent landowners
are not negatively affected;
(i)
a satellite dish less than 1 m (3.3 ft) in diameter;
(j)
temporary outdoor above ground swimming pools and above ground hot tubs;
(k) stockpile, excavation, stripping or grading of land, not including resource extraction, when
such activities are being undertaken as part of a development for which a development permit
has been issued or a signed development agreement with the Town of Milk River has been
entered into authorizing such work;
(l)
the construction of an uncovered deck or patio less than 0.61 m (2 ft) above grade;
(m) exempted signs in Part 6, section 2;
(n) Home Occupation A in accordance with Part 5, section 5;
(o) temporary structures associated with an event or festival sanctioned by the Town of Milk
River;
(p) a day home in accordance with Part 5, section 3;
(q) in the Urban Reserve land use district, the cultivation of land or extensive agricultural use;
(r) the use of a building or part thereof as a temporary polling station, returning officer's
headquarters, candidate's campaign office and any other official temporary use in connection
with a federal, provincial or municipal election, referendum or census;
(s) landscaping on a parcel, unless otherwise required by a development permit;
(t) demolition of buildings;
(u) temporary and seasonal sales, activities and special events (e.g., farmer's market, fruit and
vegetable stands, food trucks, fair etc.) not to exceed 30 days if in the opinion of the
Development Authority, such sales, activities and special events would not adversely affect:
(i)
traffic flow,
(ii) parking,
(iii) appearance of the site,
(iv) public safety;
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(v) installation of asphalt, concrete, brick, stone wood or aggregate driveways, walkways and
steps.
3. Although the previous listed items may eliminate the need to obtain a development permit, the
applicant is responsible for obtaining any required building permit and/or adhering to any other
applicable legislation, safety codes requirements, or municipal bylaws.
4. If there is a question as to whether a development permit is required, the matter may be referred to
the Municipal Planning Commission for a determination.
PART 4
GENERAL STANDARDS OF DEVELOPMENT
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PART 4
GENERAL STANDARDS OF DEVELOPMENT
1.
STATUTORY PLANS
Where the policies, rules or procedures indicated in a statutory plan vary, supplement, reduce,
replace, or qualify the requirement of this Bylaw for a particular district or districts, the policies,
rules, or procedures indicated in the statutory plan shall take precedence.
2.
QUALITY OF DEVELOPMENT
The Development Authority may impose conditions on a development permit which serve to
improve the quality of any proposed development in any land use district. Such special conditions
may include, but are not limited to: paved parking areas, setback variations, building mass, control
of noise, smoke, smell and industrial wastes.
3.
DESIGN, FINISH AND ORIENTATION OF BUILDINGS, STRUCTURES AND SIGNS
(1) The design, character and appearance of buildings, structures and signs shall be consistent
with the intent of the land use district in which the building, structure or sign is located and
compatible with other buildings in the vicinity.
(2) The exterior finish of buildings, structures and signs may be regulated to ensure compatibility
and improve the quality of any proposed development.
(3) The maximum allowable height above the average finished surface level of the surrounding
ground of the exposed portion of a concrete or block foundation may be regulated by the
Development Authority.
(4) If the building, structure or sign is to be located on a lot with more than one street frontage or
on a lot with potential for further subdivision, the Development Authority may regulate the
orientation and location of the building, structure or sign.
4.
STREET CORNER VISIBILITY
On a corner lot, nothing shall be erected, placed, planted or allowed to grow in a manner which
may restrict traffic visibility at street intersections.
(a) In residential land use districts, such restrictions apply between 0.9 m (3 ft) and 3.0 m (10 ft)
above the centre line grades of the intersecting streets in the area, bounded by the property
lines of such corner lots and a line joining points along the said property line 6.1 metres (20 ft)
from the point of intersection. (see Diagrams 4.1 and 4.2)
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DIAGRAM 4.1
DIAGRAM 4.2
(b) In non-residential land use districts, the street corner visibility requirements shall be as
prescribed by the Development Authority.
5.
ACCESS AND DRIVEWAYS
(1) Location of the access to each development from a public roadway shall be shown on the site
plan submitted with the application for a development permit and is subject to the approval of
the Development Authority.
(2) Vehicular access for corner lots shall generally be limited to locations along the minor street or
cul-de-sac.
(3) In residential districts where a subject property does not provide a side yard sufficient for a
driveway, then one off-street parking pad may be permitted in the front yard to a maximum of
7.62 m (25 ft) in width.
(4) Only one front or side driveway per lot shall be permitted for single-detached residential
development (including manufactured homes). A separate driveway accessible from a rear
lane is also permitted on a lot.
(5) Driveways shall be a minimum of 3.05 m (10 ft)
and a maximum of 7.93 m (26 ft) in width.
(6) Driveways shall be a minimum of 4.6 m (15 ft)
from the intersection of two public roadways
(illustrated as setback A on Diagram 4.3) and
3.05 m (10 ft) from the entrance to a lane
(illustrated as setback B on Diagram 4.3).
DIAGRAM 4.3
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(7) The minimum length of a driveway shall be such that no portion of the parked vehicle
encroaches upon the adjacent sidewalk.
(8) Driveways shall not be occupied in such a manner that will interfere with convenient and safe
pedestrian movement or traffic flow.
6.
FENCES, GATES, WALLS, HEDGES, AND OTHER MEANS OF ENCLOSURE
(1) No fence, gate, wall, hedge, or other means of enclosure, shall extend more than 0.91 m (3 ft)
above the ground in any front yard area or secondary front yard area (as illustrated in
Diagrams 4.4 and 4.5) without an approved development permit.
DIAGRAM 4.4
DIAGRAM 4.5
(2) Fences, gates, walls, and other means of enclosure in rear and side yards shall be limited to
1.83 m (6 ft) in height.
(3) In any residential land use district, fences, gates, walls and other means of enclosure shall not
be constructed of barbed/razor wire, commercial concrete retaining blocks, or other materials
incompatible with a residential aesthetic. Examples of typically acceptable materials include,
but are not limited to, wood, brick, residential concrete block, vinyl, composite, chain link,
wrought iron and stone.
(4) Where a development permit for a fence, gate, wall, hedge, or other means of enclosure is
required, the Development Authority may regulate the types of vegetation, materials and
colours used.
7.
BUILDING SETBACKS AND PROJECTIONS
(1) The Development Authority may require increased building setbacks if, in their opinion, such
setbacks would:
(a) help avoid land use conflict,
(b) enhance the appearance of the area.
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(2) The following features may, subject to the relevant provisions of Safety Codes, project into the
required setbacks under this bylaw:
(a) unenclosed steps or unenclosed fire escapes;
(b) a wheelchair ramp at the discretion of the Development Authority;
(c) fences or walls to the property line in accordance with the applicable land use district;
(d) driveways, curbs and sidewalks;
(e) off-street parking;
(f)
cooling units not to exceed 0.9 m (3 ft);
(g) mailboxes;
(h) landscaping, fish ponds, ornaments, flagpoles [less than 4.6 m (15 ft) in height], or other
similar landscaping features;
(i)
temporary swimming pools in accordance with the applicable land use district; and
(j)
signs in accordance with Part 6.
(3) The portions of and attachments to a principal building which may project over a setback are
as follows:
(a) eaves, fireplaces, belt courses, bay windows, cornices, sills or other similar architectural
features may project over a side setback as permitted under the relevant provisions of
Safety Codes and over a front or rear setback a distance not to exceed 1.2 m (4 ft);
(b) an uncovered balcony, cantilever, or other similar feature may project over a side or rear
setback a distance not to exceed one-half of the width of the smallest setback required
for the site;
(c) a chimney which is not more than 1.2 m (4 ft) wide and projects not more than 0.3 m
(1 ft) into a rear or side setback.
A - Eaves
B - Wheel chair ramp
C - Bay window
D - Balcony
E - Chimney
F - Cooling unit
G - Mailbox
H - Steps
I - Steps
DIAGRAM 4.6
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8.
LANDSCAPING AND SCREENING
(1) In all residential land use districts, the front yard and secondary front yard must be
comprehensively landscaped in accordance with subsection (2), except those areas occupied
by sideways or driveways, to the satisfaction of the Development Authority.
(2) Landscaping may consist of any or all of the following:
(a) vegetation (e.g., lawn, trees, shrubs, flowers);
(b) ground cover (e.g., large feature rocks, bark chips, crushed rock, field stone or other
similar features);
(c) berming, terracing;
(d) outdoor amenity features (e.g., benches, walkways, ornaments, raised planters, water
features).
(3) In all non-residential land use districts, landscaping of the front yard and secondary front yard
shall be as required by the Development Authority.
(4) Screening and/or buffering between a non-residential use and residential use may be required
at the discretion of the Development Authority.
(5) Where any parcel or part of a parcel is used for outdoor storage of goods, machinery, vehicles,
buildings or waste materials, the Development Authority may require satisfactory screening by
buildings, fences, hedges, trees, berming or other landscaping features.
(6) Parking lots shall be landscaped and/or screened as required by the Development Authority
where deemed appropriate, to help buffer or screen the use from adjacent land uses, to limit
the percentage of hard surface in relation to surface drainage management or for aesthetic
purposes.
(7) The Development Authority may impose additional landscaping or screening requirements on
a development approval to improve the quality or compatibility of the proposed development.
9.
GRADING AND STORMWATER MANAGEMENT
(1) The Development Authority may require:
(a) grading and other measures including the construction of retaining walls, as appropriate
to control surface drainage, reduce or eliminate grade differences between adjacent lots,
and minimize erosion or slope instability;
(b) engineered grading and drainage plans including plans for construction of retaining walls,
for the development and legal survey demonstrating that engineered grades have been
met;
(c) approval of final grades prior to issuance of a building permit.
(2) Roof and surface drainage shall be directed either to the public roadway fronting the property,
or as approved by the Development Authority, to a rear or side property boundary or as
approved in an engineered stormwater management plan.
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10. SERVICING
(1) All development shall be required to connect to both the municipal water supply and
sewerage system, natural gas system, and electrical system.
(2) Where no municipal servicing or connection to the natural gas system or the electrical system
is reasonably available, development may be approved at the discretion of the municipality.
11. CONSTRUCTION/DEMOLITION DAMAGE DEPOSIT
(1) A refundable security fee for damage to municipal infrastructure and sidewalks in the amount
of $1000.00 may be required, at the discretion of the Development Authority to ensure that
existing municipal infrastructure and sidewalks are not destroyed or damaged when
construction or demolition occurs on a lot.
(2) If damage does occur, the Town will use the security fee for the replacement and/or repair
costs and the landowner and/or applicant will be responsible for any additional costs (over and
above $1000) to repair the municipal infrastructure and sidewalks to their previous condition.
Costs may be added to the tax roll in accordance with the Municipal Government Act.
(3) If a security fee has not been required as a condition of a development permit under
subsection (1), the Town may invoice the landowner for any and all damages to municipal
infrastructure and sidewalks caused by construction or demolition on a lot and may be added
to the tax roll in accordance with the Municipal Government Act.
12. EASEMENTS/RIGHTS-OF-WAY
No building or structure shall be located within an easement or right-of-way unless otherwise
permitted by the holder of the easement or right-of-way. It is the applicant's responsibility to
determine the location of easements and rights-of-way.
13. CONSTRUCTION HOARDING
A temporary development permit is required for erection of construction hoarding which may
infringe on any public property such as sidewalks or streets. The maintenance of pedestrian and
vehicular access shall be deemed to be essential.
14. SITE LIGHTING
(1) Site lighting may be required as a condition of development.
(2) Site lighting shall be located, oriented and shielded so as not to adversely affect adjacent
properties.
15. RIVER VALLEYS, WATERCOURSES AND ENVIRONMENTALLY SIGNIFICANT AREAS
The Development Authority may place development related conditions, including setbacks, on an
application for development that is located in or adjacent to a river valley or watercourse, shore
land area, riparian area, and/or environmentally significant area.
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16. DEVELOPMENT OF LAND SUBJECT TO SUBSIDENCE OR FLOODING
If, in the opinion of the Development Authority, land upon which development is proposed is
subject to subsidence or flooding, the applicant may be required to submit a structural building
plan, and/or a slope suitability analysis, and/or geotechnical report, and/or flood mapping prepared
by a qualified professional demonstrating that any potential hazards can be mitigated.
17. SETBACKS FROM ABANDONED WELLS
The Subdivision and Development Regulation (Alberta Regulation 160/2012) requires municipalities
to ensure that applicants include abandoned well information from the Alberta Energy Regulator
(AER) in applications for both subdivisions and development permits:
(1) It is the responsibility of the applicant of the proposed subdivision and/or development to take
measures to identify any abandoned wells within that property and to apply the required
setback.
(2) A subdivision or development permit application shall not be deemed complete until the
applicant has provided the required abandoned well information from the AER.
(3) The applicant shall be required to provide the following information:
(a) the AER information, including a map of the search area from the viewer and a statement
that there are no wells in the project area or a list and map identifying the location of
abandoned wells within the search area (including the surface coordinates, as provided by
the viewer or AER Information Services); and
(b) if an abandoned well is present, a detailed site plan must be provided that accurately
illustrates the actual well location (i.e., latitude, longitude) on the subject parcel as
identified in the field and the setback established in the Directive 079 (a minimum 5
metre (16 ft) radius around the well) in relation to existing or proposed building sites.
(4) If there is an abandoned well located in the area of the proposed surface development, the
applicant is advised to contact the well licensee of record for any additional information that
may be needed or to physically locate the well, and to discuss the proposed development and
abandoned well issue in more detail.
(5) Notwithstanding a use may be a permitted use or discretionary use, surface structures on top
of an abandoned well are not permitted and a minimum 5 metre (16 ft) setback radius around
the well shall be maintained.
18. MITIGATION OF IMPACTS FROM NOISE, ODOUR, VIBRATION AND AIR QUALITY
(1) Where, in the opinion of the Development Authority a development has the potential to
create negative impacts in the form of noise, odor, vibration, lighting, air quality or other
similar impacts, the applicant may be required to submit a mitigation plan demonstrating how
impacts will be mitigated prior to a decision being made on the application.
(2) A mitigation plan may be required as a condition of approval as well as any other measures
deemed necessary by the Development Authority to mitigate impacts pursuant subsection (1).
PART 5
USE-SPECIFIC DEVELOPMENT STANDARDS
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PART 5
USE-SPECIFIC DEVELOPMENT STANDARDS
1.
ACCESSORY DWELLING
(1) An accessory dwelling shall only be permitted on a lot with a developed single-detached
dwelling.
(2) An accessory dwelling may only be located within a single-detached dwelling or an accessory
building. If proposed within an accessory building, the single-detached dwelling must be
established on the lot prior to approval of the accessory dwelling.
(3) No more than one accessory dwelling may be permitted on any lot.
(4) The maximum floor area of the accessory dwelling shall be as follows:
(a) in the case of an accessory dwelling located within a single-detached dwelling, the floor
area of the accessory dwelling shall not exceed 50 percent of the floor area of the single-
detached dwelling;
(b) in the case of an accessory dwelling located within an accessory structure, the floor area
of the accessory dwelling shall not exceed 74.3 m2 (800 ft2).
(5) The minimum floor area of an accessory dwelling shall be not less than 30.2 m² (325 ft²).
(6) One off-street parking space must be provided for the accessory dwelling in addition to the
off-street parking requirements for the principal dwelling.
(7) An accessory dwelling must be constructed on a permanent foundation.
(8) An accessory dwelling must be integrated into the site by appropriate site grading, earthwork
and landscaping and be harmonious with the character of the neighbourhood.
(9) Utility servicing for an accessory dwelling unit shall be as follows:
(a) in the case of an accessory dwelling located within a single-detached dwelling, the
accessory dwelling shall have full utility services through service connections from the
principal dwelling unit;
(b) in the case of an accessory dwelling located within an accessory structure, the accessory
dwelling shall have full utility services separate from and independent of the principal
dwelling unit.
(10) The structure containing the accessory dwelling must reflect the design of the principal
dwelling, incorporating similar features such as window and door detailing, exterior cladding,
materials and colours and roof lines.
(11) An accessory dwelling shall not be developed on a lot containing a Home Occupation B, unless
it is proven to the satisfaction of the Development Authority that the amount of traffic
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PART 5 | 2
generated is limited and adequate parking is available without adversely affecting the
neighborhood.
(12) Development of an accessory dwelling shall adhere to the Alberta Building Code and Alberta
Fire code as a condition of approval.
2.
BULK FUEL STATIONS AND SERVICE STATIONS
(1) Bulk fuel stations and service stations shall not be located on sites which, in the opinion of the
Development Authority, would be considered unsafe in terms of vehicle circulation,
topography and access and egress from the site.
(2) In addition to the setback requirements of the applicable land use district, bulk fuel ammonia
storage facilities are subject to the Guidelines for the Location of Stationary Bulk Ammonia
Storage Facilities prepared by Alberta Environment.
3.
CANNABIS PRODUCTION FACILITY
(1) A cannabis production facility may only be located on lands designated Direct Control - DC.
(2) All use-specific development standards shall be as specified in the Direct Control - DC bylaw.
(3) The owner or applicant must provide as a condition of development a copy of the current
licence for all activities associated with the cannabis production facility as issued by Health
Canada.
(4) The owner or applicant must obtain any other approval, permit, authorization, consent or
licence that may be required to ensure compliance with applicable federal, provincial and
other municipal legislation.
(5) The development must be undertaken in a manner such that all of the processes and functions
are fully enclosed within a building, including waste materials.
(6) The development must include equipment designed and intended to remove odours from the
air where it is discharged from the building as part of the ventilation system.
(7) A public utility and waste management plan shall be submitted with the redesignation
application that describes:
(a) estimated volume of monthly water usage;
(b) incineration of waste products and airborne emissions, including smell;
(c) the quantity and characteristics of liquid and waste material discharged by the facility;
and
(d) the method and location of collection and disposal of liquid and waste material.
4.
DAY HOME
(1) The operation of a day home does not require a development permit.
(2) A day home shall have no more than six clients a day.
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(3) A day home shall not be located within a dwelling containing a Home Occupation B.
(4) Signage for day home facilities must comply with the following:
(a) a maximum of one sign, and
(b) sign must be no greater than 0.19 m2 (2 ft2) in size.
(5) Notwithstanding that a development permit may not be required, all day homes must comply
with provincial requirements and regulations.
5.
GUEST LODGING
(1) A guest lodging operation shall not change the principal character or external appearance of
the dwelling in which it is located.
(2) A guest lodging operation shall not change the principal character of the area in which it is
located, and shall not materially interfere with or affect the use, enjoyment or value of
neighbouring properties.
(3) One off-street parking space per rented guestroom shall be required in addition to the off-
street parking requirements of the dwelling.
(4) When considering an application for a guest lodging the Development Authority shall, among
other factors, consider:
(a) the impact of the proposed use on adjacent land uses;
(b) side yard setbacks in relation to adjacent users;
(c) potential traffic generation, and parking requirements.
(5) Landscaping, buffering and screening or other techniques to limit interference with other uses
or the peaceful enjoyment of neighbouring parcels may be required as conditions of approval
in addition to any other conditions authorized under this Bylaw.
(6) A maximum of one lawn sign or other appropriate sign associated with the guest lodging
operation may be approved provided the sign does not exceed 1.5 m2 (16 ft2) in size and is no
more than 1.5 m (5 ft) above grade.
(7) Issuance of a development permit does not exempt compliance with health regulations or any
other municipal or provincial regulations. The applicant is responsible for obtaining any other
provincial and municipal approvals that may be required.
6.
HOME OCCUPATIONS
(1) Home occupations are subject to the following classifications:
(a) Home Occupation A - a home-based occupation that involves the establishment of a
small-scale business incidental to the primary use of the residence and which involves:
(i)
phone and office only;
(ii) no outdoor storage and/or display of goods;
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(iii) off-premises sales only; and
(iv) the use complies with the general standards in subsections 2, 3, 5 and 6.
(b) Home Occupation B - a home-based occupation involving the establishment of a small-
scale business incidental to the primary use of the residence that does not meet the
criteria for a Home Occupation A and which may involve:
(i)
a limited volume of on-premises sales;
(ii) the use of an accessory building; and
(iii) outdoor storage and/or display of goods within the residence or accessory building,
provided it is not exposed to public view.
(2) Home occupations shall not include:
(a) activities that use or store hazardous materials;
(b) any use that would, in the opinion of the Development Authority, materially interfere
with or affect the use, enjoyment or value of neighbouring properties.
(3) The following standards apply to Home Occupations A and B:
(a) the business operator must be a full-time resident of the home;
(b) a maximum of one non-resident employee may be permitted. For the purposes of this
section, a non-resident employee means a person who does not live at the home in which
the home occupation is operating;
(c) no variation in the residential character and appearance of the dwelling, accessory
building, or land shall be permitted;
(d) the use shall not generate more vehicular or pedestrian traffic and vehicular parking than
normal within the district;
(e) no commercial vehicles of a capacity of more than 682 kg (three-quarter ton) associated
with the home occupation shall be parked or maintained on or about the lot or on the
public road or lane;
(f)
no offensive noise, vibration, electrical interference, smoke, dust, odours, heat or glare
shall be produced by the use.
(4) All permits issued for home occupations shall be subject to the condition that the permit may
be revoked at any time, if, in the opinion of the Development Authority, the use is or has
become detrimental to the residential character or the amenities of the neighbourhood.
(5) Only one home occupation shall be permitted per dwelling or as otherwise approved by the
Development Authority.
(6) Signage advertising a Home Occupation A shall be limited to one sign located in the buildings
window of an approved home occupation use, not to exceed 0.19 m2 (2 ft2) in size.
(7) Signage advertising a Home Occupation B shall be as approved by the Development Authority.
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(8) The development permit for the use shall be valid only for the period of time the property is
occupied by the applicant for such approved use and is not transferrable to another person or
location.
(9) In addition to the general standards, the following standards shall apply to Home Occupation B
permits:
(a) customer and employee parking, in addition to the parking requirements for residential
use, may be required;
(b) the number of customer visits and hours of operation may be limited by the Development
Authority to minimize impacts on surrounding residential uses;
(c) the home occupation shall not be permitted if, in the opinion of the Development
Authority, the use would be more appropriately located within a commercial or industrial
district;
(d) a Home Occupation B shall not be approved where an accessory dwelling use has been
developed, unless it is proved to the satisfaction of the Development Authority that the
amount of traffic generated is limited and adequate parking is available without adversely
affecting the neighbourhood.
7.
MOVED-IN DWELLINGS AND BUILDINGS
(1) An application for the placement of a moved-in dwelling/building shall include the following
additional information:
(a) a report by a certified safety codes officer documenting the quality of the building and
compliance with the requirements of the Alberta Building Code;
(b) recent colour photographs of all exterior sides of the proposed moved-in building;
(c) information regarding the age of the building, foundation height, roofing and exterior
finish material, and any proposed upgrades to the exterior of the moved-in building;
(d) any proposed additions including porches, steps, decks, garage or other similar features;
(e) any additional information required by the Development Officer or Municipal Planning
Commission to determine the suitability of the proposed moved-in building.
(2) The building shall comply with all provincial and municipal health and fire regulations prior to
occupancy and release of deposit.
(3) The quality of the completed building shall be at least equal to or better than the quality of the
other buildings in the area.
(4) The requirements of the building shall be established by the Development Authority at the
time of approval of the application and shall form a part of the conditions of the development
permit.
(5) A limit of the time of completion and full compliance with all stipulated requirements shall be
established by the Development Authority at the time of the approval of the application.
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(6) The Development Authority may require a bond or irrevocable letter of credit of a minimum of
50 percent of the estimated value of the structure, or $5,000, whichever is greater to ensure
the conditions of the development permit are met.
8.
PORTABLE GARAGES AND COVERED STORAGE STRUCTURES
(1) All portable garages (fabric buildings) and storage
structures shall require a development permit.
(2) Portable garages (fabric buildings) and storage structures
are to be classified as permanent accessory buildings and
must meet the required setbacks, maximum height,
maximum site coverage and other applicable standards of
this Bylaw.
DIAGRAM 5.1
(3) A portable garage (fabric building) and storage structure shall be setback a minimum 1.22 m
(4 ft) from the principal dwelling and from all other structures on the same lot.
(4) All portable garage (fabric building) and storage structures must be securely tethered and
anchored to the ground in accordance with provincial Safety Code requirements. Additionally,
all fabric covers must be securely tethered to the structures' frame.
(5) As a condition of a development permit approval, the Development Authority may stipulate
specific requirements for the type of fastening or tie-down system and fabric material colour
to be applied to the accessory building or structure.
(6) The Development Authority may limit the permit duration of any of these garages or
structures. In such a case, these structures would then be categorized as temporary.
9.
PREFABRICATED AND MANUFACTURED DWELLINGS
(1) Eligible prefabricated and manufactured dwellings are:
(a) new manufactured and modular dwellings, new panelized dwellings and new ready-to-
move dwellings that meet CSA standards and Alberta Building Code that have not been
previously occupied.
(2) Recreational vehicles and park model homes are not permitted for use as a permanent
dwelling.
(3) An application for a development permit for a new prefabricated or manufactured dwelling
under subsection (1)(a) shall include the following additional information:
(a) professional building plans illustrating the exterior design, floor plan, and elevations;
(b) if available, colour photographs of all exterior sides of the proposed dwelling;
(c) any proposed additions, including porches, steps, decks, garages, or other similar
features;
(d) the proposed foundation or footing type;
(e) any additional information required by the Municipal Planning Commission to determine
the suitability of the proposed dwelling.
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(4) The design, character and appearance, including the roof lines and materials and exterior
finish of the dwelling shall be consistent with the purpose of the district in which the dwelling
is proposed and compatible with the surrounding buildings.
(5) To ensure compatibility of housing types, the Development Authority may regulate:
(a) roof lines,
(b) exterior finish - type and colour,
(c) foundation type and maximum elevation,
(d) dwelling orientation,
(e) any other matters deemed necessary to ensure compatibility with surrounding
development.
(6) The quality of the completed dwelling shall be at least equal to the quality of the other
buildings in the area.
(7) Any dwelling placed on a pile, pier or other open foundation type shall be skirted in
compatible materials and enclosed to the satisfaction of the Development Authority.
(8) Any portion of a concrete block foundation above grade shall be parged unless otherwise
finished with an approved material.
(9) The maximum height of the exposed portion of a continuous concrete or concrete block
foundation shall be not more than 0.6 m (2 ft) above the average finished grade level of the
surrounding ground.
(10) Any wheels, hitches or running gear shall be removed immediately upon placement of the
dwelling.
(11) All additions shall be of a design and finish which complement the dwelling.
10. PRIVATE SWIMMING POOLS
(1) Private swimming pools shall be classified as an accessory building.
(2) Any private swimming pool with a design depth greater than 0.6 m (2 ft) shall be constructed
and fenced in accordance with Safety Codes requirements.
(3) Temporary above ground swimming pools and above ground hot tubs do not require a
development permit, but must meet minimum setbacks for accessory buildings.
(4) Construction of an in-ground swimming pool and swimming pools that are attached to or
enclosed by a deck require a development permit and are subject to the following additional
standards:
(a) placement of a swimming pool shall be limited to the side and rear yard only;
(b) swimming pools are subject to the setback requirements for accessory structures in the
applicable land use district;
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(c) permanent swimming pools are subject to the maximum lot coverage requirements for
accessory structures in the applicable land use district.
11. RETAIL CANNABIS STORE
(1) A retail cannabis store shall not be approved if any portion of an exterior wall of the store is
located within 100 m (328 ft) of:
(a) the boundary of a parcel of land on which a provincial health care facility is located;
(b) the boundary of a parcel of land containing a school (public or private); or
(c) the boundary of a parcel of land that is designated as school reserve (SR) or municipal and
school reserve (MSR) under the Municipal Government Act.
(2) A retail cannabis store shall not be approved if any portion of an exterior wall of the store is
located within 300 m (984 ft) of another retail cannabis store (measured to the exterior wall).
(3) All parking and loading area requirements shall be provided in accordance with Part 7 Off-
Street Parking and Loading Area Requirements. The "Retail and service" category in Table 1 -
Off-Street Parking Spaces of Part 7, shall be used to calculate off-street parking space
requirements for a retail cannabis store.
12. SHIPPING CONTAINERS (or C-Containers, Sea-Containers)
(1) An application for a development permit for a proposed shipping container must be
completed and submitted to the Development Officer accompanied by the applicable
application fee and a minimum of two recent colour photographs of each container (one end
view and one side view).
(2) A shipping container may be placed temporarily on a construction site for the period of
construction, or in conjunction with renovation work being done to a building subject to the
following provisions:
(a) the shipping container is needed in connection with construction of a development for
which a development permit has been issued or is where used to temporarily
accommodate the storage of goods where a building has been damaged in a fire or flood
or where a building is being renovated;
(b) the construction site is active (i.e., construction has commenced and is on-going or is
about to commence within two weeks); placement of a shipping container on an inactive
construction site is prohibited;
(c) setbacks for the shipping container shall be as required by the Development Authority;
(d) the Development Authority may regulate the maximum amount of time the shipping
container is permitted on a lot;
(e) the shipping container shall be removed immediately upon completion of construction or
sooner as may be required by the Development Authority.
(3) Any permanent shipping container shall be subject to the following general standards:
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(a) there shall be a legal primary use on the property where the shipping container is
proposed;
(b) the Development Authority may regulate the maximum number of shipping containers
permitted on a lot;
(c) the Development Authority may regulate the maximum length, width and height of
shipping containers;
(d) the Development Authority may require as a condition of approval that a shipping
container(s) be screened from view, landscaped, sided and/or roofed to make it
aesthetically pleasing and compatible and consistent with the design, character and
appearance of other buildings in the vicinity;
(e) the Development Authority may require as a condition of approval that any shipping
container be sandblasted and/or painted a neutral or complementary colour to match the
existing building(s) on the property;
(f) the Development Authority may require as a condition of approval that the exterior of the
shipping container be kept clean and regularly painted in a neutral or complementary
colour to match the existing building(s) on the property;
(g) the Development Authority may regulate the time period for which a development permit
for a shipping container(s) is valid through the issuance of a temporary permit;
(h) removal of the shipping container(s) at the expiration of the permit shall be at the
expense of the applicant and/or landowner. The Development Authority may require as a
condition of approval the posting of a bond or a security guaranteeing the removal of the
container and/or compliance with the conditions of the permit.
(i) The maximum lot coverage and setback requirements for accessory structures in the
applicable land use district apply to shipping containers.
(j) A shipping container within any residential land use district (R1, R2, R3) may only be
permitted in the rear yard. A shipping container within a non-residential land use district
may only be permitted in the rear or side yard.
(k) A shipping container within any residential land use district (R1, R2, R3) shall not display
advertising, company logos, names or other marketing. A shipping container within a
non-residential land use district shall not display advertising, company logos, names or
other marketing without an approved sign permit.
13. SOLAR COLLECTOR
(1) A solar collector attached to a roof or wall of a building may be permitted in any land use
district as an accessory structure subject to the following:
(a) A solar collector mounted on a roof:
(i)
may project a maximum of 1.2 m (4 ft) from the surface of the roof and shall not
exceed the maximum height requirements of the applicable land use district; and
(ii) must not extend beyond the outermost edge of the roof.
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(b) A solar collector mounted to a wall:
(i)
must be located such that it does not create undue glare on neighbouring property
or public roadways;
(ii) must be located a minimum of 2.3 m (7.5 ft) above grade;
(iii) may project a maximum of 1.5 m (5 ft) from the surface of the wall, when the wall
faces the rear property line, subject to the setback requirements of the applicable
land use district; and
(iv) may project a maximum of 0.6 m (2 ft) from the surface of the wall when the wall
faces the front, secondary front or side property line, subject to the setback
requirements of the applicable land use district.
(2) A free-standing solar collector or a solar collector mounted to any structure other than a roof
or wall of a building shall be classified as an accessory use and processed subject to the
applicable land use district and the following additional standards:
(a) must be located such that it does not create undue glare on neighbouring property or
public roadways; and
(b) must not exceed 1.83 m (6 ft) in height above existing grade.
14. SMALL WIND ENERGY SYSTEM
(1) Applications for Small Wind Energy System (SWECS) shall include the following additional
information where applicable:
(a) all proposed SWECS shall be commercially manufactured and applications shall include
the manufacturers make and model number;
(b) the manufacturer's specifications indicating:
(i)
the SWECS rated output in kilowatts;
(ii) safety features and sound characteristics;
(iii) type of material used in tower, blade, and/or rotor construction;
(c) potential for electromagnetic interference;
(d) nature and function of over speed controls which are provided;
(e) specifications on the foundations and/or anchor design, including location and anchoring
of any guy wires; and
(f)
location of existing buildings or improvements.
(2) Prior to making a decision on a development permit application for a SWECS, the Development
Authority may require that the application be referred to the following agencies and
departments:
(a) Transport Canada,
(b) NAVCanada,
(c) Alberta Transportation, and
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(d) any other federal or provincial agencies or departments deemed necessary.
(3) Any SWECS shall be subject to the following general standards:
(a) tower mounted SWECS shall be setback from all property lines a distance equal to the
height of the system;
(b) the system's tower-climbing apparatus and blade tips shall be no closer than 4.6 m (15 ft)
from ground level unless the system is enclosed by a 1.8-m (6-ft) high fence or approved
otherwise;
(c) any guy wires associated with a SWECS shall be accommodated entirely within the parcel
and must be clearly visible from grade to a height of 1.8 m (6 ft);
(d) the sound produced by the SWECS under normal operating conditions, as measured at
the property line shall not exceed 60 dBA or 6 dBA over the background noise, whichever
is greater;
(e) the SWECS shall not display advertising or other marketing. Brand names or advertising
associated with the system or the system's installation shall not be visible from any public
place;
(f)
the SWECS shall not be artificially illuminated except as required by a federal or provincial
agency or department;
(g) the system, including tower and supporting structures shall be painted a single, neutral,
non-reflective, non-glossy (for example, earth-tones, grey, black) that, to the extent
possible, visually blends the system with the surrounding natural and built environments;
(h) the system shall be equipped with manual and automatic over speed controls. The
conformance of rotor and over speed control design and fabrication to good engineering
practices shall be certified by a licensed mechanical, structural or civil engineer;
(i)
the system's utility lines shall be underground where economically practical;
(j)
the system shall be located in the rear or side yard.
(4) Prior to the installation of a SWECS the applicant and/or landowner shall obtain:
(a) all relevant federal and provincial permits and permissions;
(b) an electrical permit, and if applicable, a building permit.
(5) All components of the SWECS, including any electrical components, shall comply with the
Canadian National Standards and shall bear the appropriate certification marks.
(6) Upon abandonment or termination of the system's use, the entire facility, including the
system's tower, turbine, supporting structures and all equipment, shall be removed and the
site shall be restored to its pre-construction condition.
(7) Approval of any SWECS must consider cumulative and aesthetic impacts.
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15. TELECOMMUNICATION ANTENNA SITING PROTOCOL
Telecommunication, radiocommunication and broadcast antenna systems are regulated by Industry
Canada. An applicant proposing to locate a telecommunication, radiocommunication or broadcast
antenna system within the Town, which does not meet the exclusion criteria in Appendix C shall be
subject to the Siting Protocol process as stipulated in Appendix C. The Telecommunication Antenna
Siting Protocol Application form and applicable fee must be submitted by the proponent to the
Development Authority who will determine if the municipality will grant a letter of concurrence or
non-concurrence.
See Appendix C - Telecommunication, Radiocommunication and Broadcasting Antenna Systems
and Supporting Structures (Antenna Systems) Siting Protocol.
PART 6
SIGN REGULATIONS
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PART 6
SIGN REGULATIONS
1.
SIGN APPLICATION REQUIREMENTS
(1) Unless otherwise indicated in section 2, no one shall erect, place or alter a sign including a
temporary sign, without having first obtained a development permit from the Development
Authority in accordance with the provisions of this Bylaw.
(2) In addition to the requirements of Part 1, section 29, a development permit application for a
sign shall include:
(a) a description of the proposed sign and a plan drawn to a suitable scale;
(b) photographs or illustration, if available;
(c) the location of all existing and proposed sign(s);
(d) the size, height and other dimensions of the proposed sign including any supporting
structures;
(e) the message content and dimensions of the proposed sign face;
(f)
the materials and finish of the proposed sign;
(g) type of illumination and/or changeable content, if any, and details with respect to the
proposed luminosity, intensity and transition time; and
(h) if a sign is to be attached to a building, the details regarding the extent of projection.
2.
SIGNS NOT REQUIRING A DEVELOPMENT PERMIT
A development permit is not required for the following signs but shall otherwise comply with this
Bylaw and be maintained to the satisfaction of the Development Authority:
(a) residency identification signs which state the name and/or address of the person(s) occupying
the lot, provided the sign is no greater than 0.2 m2 (2 ft2);
(b) signs approved in conjunction with a home occupation permit;
(c) construction signs, provided such signs do not exceed 2.9 m2 (32 ft2) in area and are removed
within 14 days of the completion of construction;
(d) political posters, provided all such signs are removed within 3 days after the completion of the
relevant election or plebiscite;
(e) real estate signs, provided all such signs are removed within 30 days after the sale or lease of
the premises upon which the sign is located;
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(f)
garage sale signs, provided the owner of the property upon which the sign is located has
approved its placement and that the sign is removed immediately upon the conclusion of the
sale;
(g) any traffic or directional and informational signs erected by the Town of Milk River, the Alberta
government or Federal government;
(h) any community service bulletin board erected by the Town of Milk River and any notices
posted on the bulletin board;
(i)
any sign appearing on street furniture, such as benches or garbage containers, that are located
on public land if an agreement to locate such on the street furniture has been reached with
Council;
(j)
A-board signs in compliance with this Part that are removed from the location on a daily basis
when the business is closed;
(k) the alteration of a lawful sign which includes routine maintenance, painting or change in copy
content or lettering and does not include modification of the sign structure, location,
dimensions or sign type.
3.
GENERAL SIGN STANDARDS
(1) Unless otherwise indicated, signs shall generally be limited to advertising or identifying the
principal use of a premises or the products and services available at the premises.
(2) All signs shall be maintained in good repair and a safe and tidy manner to the satisfaction of
the Development Authority.
(3) The location of any sign is at the discretion of the Development Authority.
(4) The location of any sign shall not create a visual obstruction to vehicular traffic, obstruct the
vision of or cause confusion with any information sign, traffic control sign or device, or create a
potential hazard or conflict with rights-of-way, easements or routing of any public utility.
(5) All signs shall be of quality construction and of a design suitable for public display and
maintained in good repair and a safe and tidy manner.
(6) Signs shall be compatible with the general character of the surrounding streetscape and the
architecture of nearby buildings.
(7) Signs shall not be located in the public right-of-way or on public property, except for signs
approved by the Town of Milk River or signs approved by the Province of Alberta or Federal
Government.
(8) Where any sign extends over public land, the owner shall agree to a save harmless agreement
with the Town of Milk River.
(9) No sign shall be illuminated unless the source of light is steady and suitably shielded.
(10) Signs shall not be permitted to emit amplified sound or music or employ revolving, flashing or
intermittent lights, or lights resembling emergency services, traffic signals, railway crossing
signals, hazard warning devices or other similar lighting.
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(11) A business or building owner shall remove the visible copy and image area of a derelict sign
within 60 days of the business ceasing operations within the town.
(12) Signs adjacent to residential land use districts or which may have an effect on residential uses,
as determined by the Development Authority, may be subject to additional or modified
standards deemed necessary to mitigate impact(s) of the sign on residential uses.
(13) Digital signs shall generally be limited to non-residential land use districts and are at the
discretion of the Development Authority.
DIAGRAM 6.1
4.
SIGN TYPES - USE SPECIFIC STANDARDS
(1) Lawn, fascia and free-standing signs are subject to the following limitations:
(a) not more than two signs shall be permitted on the premises;
(b) no sign shall exceed 11.1 m2 (120 ft2) in area;
(c) the maximum height of any freestanding sign shall be 6.1 m (20 ft);
(d) the maximum height of any lawn sign shall be 1.52 m (5 ft).
(2) Canopy signs are subject to the following limitations:
(a) no part of the canopy, excluding that portion which is used for support and which is free
of advertising shall be less than 2.4 m (8 ft) above the ground or sidewalk grade;
(b) no part of the canopy shall project more than 1.8 m (6 ft) over public property, or come
within 0.6 m (2 ft) of the curb or edge of a roadway;
(c) no part of the canopy shall project more than 45.7 cm (18 inches) above the top of the
vertical face of the wall to which it is attached;
(d) the space between the canopy and supporting structure shall not be more than 0.6 m
(2 ft).
(3) Directional, informational and identification signs are as regulated by the Development
Authority.
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(4) Banding signs for cluster, comprehensive mall-like development are as regulated by the
Development Authority.
(5) Mural signs are as regulated by the Development Authority.
(6) Portable signs are subject to the following limitations:
(a) no more than one portable sign shall be permitted;
(b) portable signs shall not be displayed for more than 90 days in one calendar year;
(c) the copy area, maximum height and maximum width of portable signs shall be as follows:
(i)
A-board signs shall not exceed 0.56 m2 (6 ft2) in area; sign height from grade shall not
exceed 0.91 m (3 ft); sign width shall not exceed 0.91 m (3 ft);
(ii) all other portable signs shall not exceed 3.72 m2 (40 ft2) in area; sign height from
grade shall not exceed 2.13 m (7 ft); sign width shall not exceed 2.44 m (8 ft).
(7) Billboard signs are subject to the following limitations:
(a) such signs shall be limited to the Highway 4 corridor within town limits;
(b) signs shall be restricted to a maximum size of 18.1 m2 (195 ft2);
(c) signs shall be located so as not to become a visual obstruction or other traffic hazard;
(d) no sign shall be illuminated unless the source of light is steady and suitably shielded.
(8) Other signs - when a sign cannot be clearly categorized as one of the sign types defined in this
section, the Development Authority shall determine the sign type and any and all applicable
controls.
PART 7
OFF-STREET PARKING AND LOADING AREA REQUIREMENTS
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PART 7
OFF-STREET PARKING AND LOADING AREA REQUIREMENTS
1.
OFF-STREET PARKING
(1) Parking areas shall be accessible and laid out and delineated in a manner which will provide for
orderly parking. (see Diagram 7.1)
(2) Parking areas shall be constructed in a manner which will permit adequate drainage, snow
removal and maintenance.
(3) The Development Authority may require that parking areas or portions thereof be paved.
(4) Off-street parking may be located the front yard in accordance with this Bylaw. Off-street
parking for recreation vehicles should be provided in the rear or side yard only.
(5) All parking spaces provided shall be on the same lot as the building or use, except that the
Development Authority may permit parking spaces to be on a lot within 152.4 m (500 ft) of the
building or use if determined impractical to provide parking on the same lot with the building
or use. Where such other parking space is provided, a caveat approved by Council shall be
registered against the lot.
(6) Site lighting may be required as a condition of development and any such lighting shall be
located, oriented and shielded so as not to adversely affect adjacent properties.
2.
SPECIFIC REQUIREMENTS
(1) The off-street parking and loading requirement standards apply to:
(a) all new buildings and uses, and
(b) the expansion or enlargement of existing buildings or uses.
(2) In the case of expansion or enlargement of an existing building or use, additional off-street
parking spaces will be required to serve the expanded or enlarged area only, not the entire
building or use.
(3) A multiple use development must provide parking in an amount equal to the number of spaces
for all uses, except where a shared parking provision is approved by the Development
Authority.
(4) Calculation of parking requirements resulting in a fractional number shall be rounded to the
next highest number.
(5) The following shall be used to calculate the off-street parking spaces required for a proposed
development:
Town of Milk River Land Use Bylaw No. 997
PART 7 | 2
Table 1 - Off-Street Parking Spaces
RESIDENTIAL
MINIMUM PARKING SPACES
Boarding or lodging home
1 space per sleeping unit
Guest lodging
1 space per guest room
Dwellings:
- Accessory dwelling unit
1 space per dwelling unit
- Single- detached dwelling
(all construction types)
2 spaces per dwelling unit
- Duplex and semi-detached
dwellings
2 spaces per dwelling unit
- Multi-unit dwelling
1.5 spaces per dwelling unit
Home occupation B
As required by the Development Authority
All Other uses
As required by the Development Authority
NON-RESIDENTIAL
MINIMUM PARKING SPACES
Automobile sales and service
1 space / 46.5 m2 (500 ft2) of GFA
Bulk fuel station
1 space per employee or more as required by the Development Authority
Day care facility
1 pick-up/drop off space per 10 children plus 1 space per employee
Community hall and cultural facility
1 space / 9.3 m2 (100 ft2) of gross floor area or 1 space per 6 seating
spaces, whichever is greater
Convenience store
1 space / 27.9 m2 (300 ft2) of GFA
Educational facility and school
1 space per employee or more as required by the Development Authority
Financial institution
1 space / 37.2 m2 (400 ft2) of GFA
Hospital
1 per 3 beds
Hotel/motel
1 space per guest room
Industrial
1 space by 65 m2 (700 ft2) of gross floor area
Licensed premises
1 space per 2 seating spaces
Medical/health facility
1 space per employee and 1 space per 18.6 m2 (200 ft2) of gross floor
area
Office
1 space per employee
Religious assembly
1 space / 9.3 m2 (100 ft2) of gross floor area or 1 space per 6 seating
spaces, whichever is greater
Restaurant
1 space per employee and 2 seats per table
Retail and service
1 space per 37.2 m2 (400 ft2) of gross floor area
Service station
1 space per employee and 2 spaces per service bay
All other uses
As required by the Development Authority
T o w n o f C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3 T o w n o f
C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3
Town of Milk River Land Use Bylaw No. 997
PART 7 | 3
60° two way-two aisle
0.15m Raised Curb 0.6m From Wall
0.15m Raised Curb 0.5m From Wall
0.15m Raised Curb 0.5m From Wall
30° two way-two aisle
45° two way-two aisle
60° one way-single aisle
0.15m Raised Curb 0.6m From Wall
0.15m Raised Curb 0.5m From Wall
30° one way-one aisle
45° one way-single aisle
0.15m Raised Curb 0.5m From Wall
0.15m Raised Curb 0.45m From Wall
30° one way-two aisle
45° one way-two aisle
60° one way-two aisle
0.15m Raised Curb 0.6m From Wall
0.15m Raised Curb 0.5m From Wall
0.15m Raised Curb 0.5m From Wall
acadfile\blocks\parkingm
0.15m Raised Curb 0.45m From Wall
0.15m Raised Curb 0.45m From Wall
90° one way-single aisle
90° one way-two aisle
90° two way-two aisle
PARKING LAYOUT ALTERNATIVES-METRES
2.5m
5.5m
7.0m
2.5m
2.5m
5.5m
7.0m
5.5m
2.5m
2.5m
5.5m
6.0m
5.5m
2.5m
2.5m
6.0m
6.0m
6.0m
2.5m
2.5m
6.0m
7.0m
6.0m
2.5m
6.0m
7.0m
2.5m
6.0m
7.0m
2.5m
2.5m
6.0m
7.0m
6.0m
2.5m
2.5m
6.0m
6.0m
6.0m
2.5m
5.5m
3.5m
2.5m
2.5m
5.5m
7.0m
5.5m
2.5m
5.5m
2.5m
5.5m
6.0m
DIAGRAM 7.1
Town of Milk River Land Use Bylaw No. 997
PART 7 | 4
3.
LOADING AREA REQUIREMENTS
(1) There shall be a minimum of one off-street loading area per building in the C1, C2, RY and I1
land use districts.
(2) The Development Authority may require that off-street loading areas be provided in districts
other than C1, C2, RY and I1 if necessary.
(3) All loading areas shall provide a doorway into a building sufficient to meet the needs of the use
within the building.
(4) Each loading area shall be designed in such a manner that it will not interfere with
convenience and safe pedestrian movement, traffic flow or parking.
(5) The Development Authority may consider a joint loading area for two or more uses if, in their
opinion, such a loading area would facilitate orderly development or relieve congestion in the
immediate area.
(6) The Development Authority may require additional loading areas or doors if, in his or their
opinion, such additional areas or doors are deemed necessary.
4.
BARRIER-FREE PARKING
(1) The minimum number of barrier-free parking spaces to be provided for non-residential uses
shall be a portion of the total number of off-street parking spaces required, in accordance with
Table 2, Barrier-Free Parking Spaces.
(2) Each barrier-free parking space for the disabled shall be:
(a) at least 3.6 m (12 ft) wide;
(b) have a firm, slip-resistant and level surface;
(c) be clearly marked as being for the use of persons with disabilities only.
(3) Where there are two or more adjacent barrier-free parking stalls, a 1.5 m (5 ft.) wide access
aisle shall be provided between the stalls.
(4) Barrier-free parking stalls shall be clearly identifiable in accordance with Safety Codes.
(5) There must be a well-lit, distinguishable, barrier-free path of travel from the parking areas to
the building entrance.
(6) The Development Authority may require an additional number of spaces be provided when
the purpose or use of the building facilities may cause an increase in the number of seniors or
persons with disabilities who require accessible parking, such as, but not limited to, medical or
health services, pharmacies and restaurants.
T o w n o f C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3 T o w n o f
C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3
Town of Milk River Land Use Bylaw No. 997
PART 7 | 5
Table 2 - Barrier-Free Parking Spaces
Number of parking spaces
required for a use
Number of barrier-free spaces required
for use by persons with disabilities
0-10
11-25
26-50
51-100
for each additional increment
of 100 or part thereof
0*
1
2
3
one additional stall
* Development is encouraged to provide at least one barrier-free parking space for use by
persons with disabilities.
PART 8
DEFINITIONS
Town of Milk River Land Use Bylaw No. 997
PART 8 | 1
PART 8
DEFINITIONS
In this Land Use Bylaw, words used in the singular include the plural, and words using the
masculine gender include the feminine gender.
The following is a list of defined terms referred to in this Land Use Bylaw:
A
Accessory building means any building or structure that
is physically separate from the principal building or
structure on the lot on which both are located, and the
use of which the Development Authority decides is
normally subordinate and incidental to that of the
principal building, structure or use. A principal building,
principal structure or principal use must be legally
established or approved before an accessory building or
accessory structure can be approved. When attached to
a principal building or structure by any means, it is
considered part of the principal building/structure and
subject to the standards for the principal building.
DIAGRAM 8.1
Accessory use means a use of a building or structure or lot that is incidental and subordinate to the
principal building or use and is located on the same lot as the principal building, structure or use. A
principal use must be legally established or approved before an accessory use can be approved.
Adjacent land means land that is contiguous to a parcel of land proposed for development, subdivision
or redesignation and includes land that would be contiguous if not for a road, railway, walkway,
watercourse, water body, utility lot, right-of-way, reserve land or other similar feature.
Amusement facility means a development for amusement pastimes, and may incorporate eating
facilities and other similar uses as an accessory use. Such uses may include but are not limited to,
amusement arcades, billiard parlours, bowling alleys, theatres and indoor mini-golf.
Animal grooming facility means a development that provides a service for the care and appearance of
domestic animals, where all care and confinement facilities are enclosed within a building, but does not
include the breeding and/or overnight boarding of such animals.
Applicant means the registered owner of land or his or her representative or agent.
Town of Milk River Land Use Bylaw No. 997
PART 8 | 2
Approved use means a use of land and/or buildings for which a development permit has been issued by
the Development Authority or the Subdivision and Development Appeal Board.
Area structure plan means a statutory plan in accordance with Part 17 of the Municipal Government Act
and municipal development plan for the purpose of providing a framework for subsequent subdivision
and development of an area of land in the municipality.
Assisted living means a development involving a combination of housing and supportive services,
personalized assistance and heath care designed to respond to the individual needs of those who
require help with activities of daily living. The use may include things such as a central or private
kitchen, dining, recreational, and other facilities, with separate dwelling units or group living quarters,
where the emphasis of the facility remains residential.
Auto body and paint shop means a development where vehicle bodies and parts are repaired and
painted. This use may include an outdoor storage area.
Automobile sales and service means a development involving the retail sale, lease or rental of new or
used automobiles and/or recreational vehicles and/or a facility for the repair and servicing of
automobiles and recreational vehicles, including but not limited to parts, mufflers, oil changes,
transmissions, engine replacement, glass repair, and auto detailing. Auto body and paint repair and sale
of gas are not included in this definition.
Auto wreckage and salvage yard means a development for the dismantling, shredding, compressing
and/or salvaging of vehicles, machinery or equipment.
B
Balcony means a platform attached to and projecting from the
face of a building, with or without a supporting structure,
normally surrounded by a baluster railing with access only from
within the building.
Basement means the lowest storey of a building, partly or
wholly below grade.
Belt course means a narrow horizontal band projecting from
the exterior walls of a building, usually defining the interior
floor levels. (see Diagram 8.2)
DIAGRAM 8.2
Berm means a barrier, typically constructed of mounded earth and landscaped, used to separate
incompatible areas, uses, functions or to protect a site or development from noise or nuisance.
Boarding house means a building other than a hotel or motel containing not more than 15 sleeping
rooms where lodging for 5 or more persons are provided for compensation pursuant to previous
arrangements or agreement.
Town of Milk River Land Use Bylaw No. 997
PART 8 | 3
Buffer means open spaces, landscaped areas, fences, walls, hedges, trees, shrubs, berms or other similar
features used to physically and/or visually separate incompatible uses, areas, functions, sites, buildings,
roadways or districts.
Building has the same meaning as in Part 17 of the Municipal Government Act and includes anything
constructed or placed on, in , over or under land, but does not include a highway or road or a bridge that
forms part of a highway or road.
Building and special trade contractors means a development for businesses engaged in activities
commonly referred to as construction or contract services such as plumbing, heating, dry walling,
framing, electrical, renovating and related excavating and may include storage of equipment in
association with the business and accessory sale of goods normally associated with such contractor
services.
Building height means the vertical distance between average grade and the highest point of a building
excluding an elevator housing, a roof stairway entrance, a ventilating fan, skylight, steeple, chimney,
smoke stack, fire wall or parapet wall, flagpole or other similar structure as determined by the
Development Authority.
Building, non-conforming in accordance with Part 17 of the Municipal Government Act means a
building:
(a) that is lawfully constructed or lawfully under construction at the date of a Land Use Bylaw or
any amendment thereof affecting the building or land on which the building is situated
becomes effective; and
(b) that on the date the Land Use Bylaw or any amendment thereof becomes effective does not,
or when constructed will not, comply with the Land Use Bylaw.
Building permit means a certificate or document issued by the Safety Codes Officer pursuant to
provincial legislation authorizing construction.
Building, principal means a building or structure which:
(a) occupies the major or central portion of a lot;
(b) is the chief or main building or structure on a lot; or
(c) constitutes, by reason of its use, the primary purpose for which the lot is used.
Building supplies means a development where building materials such as lumber, plywood, drywall,
cement blocks, roofing material and other similar materials are stored and sold.
Bulk fertilizer storage and sales means a development where fertilizer goods, most commonly for
agricultural purposes, are received and stored for the purposes of distribution and sale.
Bulk fuel storage and sales means a development for storing and distributing petroleum products and
other similar crude oil products in bulk quantities.
Town of Milk River Land Use Bylaw No. 997
PART 8 | 4
Business support service means a development primarily engaged in providing services for other
business establishments such as advertising, copying, equipment, financial services, employment
services and other similar services.
Bylaw means the Town of Milk River Land Use Bylaw.
C
Cannabis means cannabis as defined in the Cannabis Act (Canada) and its regulations, as amended from
time to time.
Cannabis accessory means cannabis accessory as defined in the Cannabis Act (Canada) and its
regulations, as amended from time to time.
Cannabis production facility means a development where federally licensed cannabis is grown,
processed, packaged, tested, researched, destroyed, stored, or loaded for shipping. A cannabis
production facility may only be located on lands designated Direct Control - DC.
Carport means a partially enclosed structure intended for the shelter of one or more motor vehicles.
(see Diagram 8.3)
DIAGRAM 8.3
Car wash means a development providing for the cleaning of vehicles but does not include a truck wash
or service station.
Cellar means a space with less than one-half its floor to ceiling height above the average finished grade
of the adjoining ground or with floor to ceiling height of less than 2.0 m (6.6 ft).
Cemetery and interment services means a development for the entombment of the deceased and may
include such facilities as crematoriums, cinerarium, columbarium, mausoleums, memorial parks, burial
grounds, cemeteries and gardens of remembrance.
Change of use means the conversion of land or building, or a portion thereof, from one land use activity
to another.
Town of Milk River Land Use Bylaw No. 997
PART 8 | 5
Clubs and organizations means a development for the assembly, social or recreational activities of
members of charitable, social service, ethnic, athletic, business, fraternal or other similar organizations
without on-site residences. This use may include accessory uses such as eating, drinking, entertainment,
sports, and recreation and amusements facilities, but excludes campgrounds.
Common wall means a vertical separation completely dividing a portion of a building from the
remainder of the building and creating in effect a building which, from its roof to its lowest level, is
separate and complete unto itself for its intended purposes.
Community hall means a development where the primary purpose is to accommodate use by
community groups or the public. The use may include features such as meeting rooms, kitchen, stage
and open floor area, bar/liquor area, multi-purpose rooms, washrooms, coatrooms, storage rooms and
administrative offices. Exterior uses may include parking, playground areas, outdoor shelters, sitting
areas and other similar features.
Concrete batch plant means a development where concrete or concrete products used in building or
construction are produced and includes the administration or management of the business, stockpiling
of bulk materials used in the production process or of the finished products manufactured on the
premises and the storage and maintenance of required equipment and may include the retail sale of
finished concrete products.
Condominium means a building or structure where there exists a type of ownership of individual units,
generally in a multi-unit development or project where the owner possesses an interest as a tenant in
common with other owners in accordance with the provisions of the Condominium Property Act.
Convenience store means a development for a retail store that sells a limited line of groceries and
household goods for the convenience of the neighbourhood.
Council means the Council of the Town of Milk River in the Province of Alberta.
Cultural facility means a development providing cultural services to the public, such as but not limited
to museums, art galleries and libraries by a public or private or non-profit facility.
D
Day care facility means a development for the provision of care, maintenance and supervision of seven
or more children or adults, by persons unrelated to the children or adults by blood or marriage, for
periods not exceeding 24 consecutive hours and includes all child-care centres, day cares, nurseries and
after-school or babysitting programs.
Day home means a development within a private residence where care, development and supervision
are provided for a maximum of six children, by persons unrelated to the children by blood or marriage,
including children who reside in the home, for periods not exceeding 24 consecutive hours.
Deck means a paved, wooden, or other hard-surfaced area generally adjoining a principal building
intended for outdoor living space that is 0.61 m (2 ft) or greater above grade.
Town of Milk River Land Use Bylaw No. 997
PART 8 | 6
Demolition means the pulling down, tearing down or razing of a building or structure.
Development means:
(a) an excavation or stockpile and the creation of either of them;
(b) a building or an addition to or replacement or repair of a building and the construction or
placing of any of them in, on, over or under land;
(c) a change of use of land or a building or an act done in relation to land or a building that results
in or is likely to result in a change in the use of the land or building; or
(d) a change in the intensity of use of land or a building or an act done in relation to land or a
building that results in or is likely to result in a change in the intensity of use of the land or
building.
Development agreement means a contractual agreement between the municipality and the
applicant/developer for a development permit or subdivision approval which specifies the public
roadways, utilities and other services, improvements, fees and levies to be provided or paid for by the
applicant/developer as a condition of development approval or subdivision approval, in accordance with
section 648, 650, 654, and 655 of the Municipal Government Act.
Development Authority means the Municipal Planning Commission, except in such instances where the
Development Officer may be the Development Authority in accordance with this Bylaw.
Development Officer means a person(s) authorized by Council to act as a development authority
pursuant to section 624(2) of the Municipal Government Act and in accordance with the municipality's
Development Authority Bylaw and this Bylaw.
Development permit means a permit issued with or without conditions pursuant to this Bylaw
authorizing a development. A development permit does not constitute a building permit.
Discretionary use means a development which, depending upon circumstances and conditions, may be
suitable within a particular district and, therefore, may be refused or approved with or without
conditions by the Development Authority.
Discretionary Uses Type A - Municipal Planning Commission means a development which, depending
upon circumstances and conditions, may be suitable within a particular district and, therefore, may be
refused or approved with or without conditions by the Municipal Planning Commission or Subdivision
and Development Appeal Board on appeal.
Discretionary Uses Type B - Development Officer means a development which, depending upon
circumstances and conditions, may be suitable within a particular district and, therefore, may be refused
or approved with or without conditions by the Development Officer or Municipal Planning Commission,
or Subdivision and Development Appeal Board on appeal.
District - see Land use district.
Town of Milk River Land Use Bylaw No. 997
PART 8 | 7
Dormitory means a development within a building intended to provide residential accommodation for a
group of individuals where such building is related to an education or public and institutional use,
including religious assembly. Such use may include a kitchen, common gathering facilities and
residential accommodations for an on-site manager and other related amenities in support of the
residential accommodation.
Dwelling or dwelling unit means a building or a portion of a building designed for human habitation
which is intended to be used as a residence for one or more individuals but does not include travel
trailers, motor homes, park model trailers, recreation vehicles or other mobile living units, hotels, or
motels. Dwelling types are as follows:
Accessory means a dwelling unit that is incidental and subordinate to the principal dwelling on the
lot and which may be located within a single-detached dwelling or an accessory building on a lot
that contains a developed single-detached dwelling.
Duplex means a residential building containing two separate dwelling units connected by a
common floor/wall or ceiling, but not legally subdivided by a property line.
Moved-in means a conventional, previously occupied building which is physically removed from
one site, transported and re-established on another site for use as a residence.
Multi-unit means a residential building other than a row dwelling containing three or more
separate dwelling units. (see Diagram 8.4)
DIAGRAM 8.4
Row house means a residential building containing three or more separate dwelling units with each
unit placed side by side and each having a separate front and rear entrance. (see Diagram 8.5)
DWELLING, MULTI-UNIT
Town of Milk River Land Use Bylaw No. 997
PART 8 | 8
DIAGRAM 8.5
Semi-detached means a residential building containing two separate dwelling units connected by a
common wall but legally subdivided by a property line. (see Diagram 8.6)
DIAGRAM 8.6
Single-detached means a residential building containing one dwelling unit which is not attached to
any other dwelling by any other means.
Single-detached manufactured means a residential building containing one dwelling unit which is
newly constructed typically with an integrated frame for placement on a permanent surface
foundation in conformance with CSA standards and designed in one or two sections for transport,
whether on its own wheels or a transport trailer. The unit arrives at the site where it is complete
and ready for occupancy except for incidental operations such as placement on an acceptable
foundation and removal of any hitch and wheels and skirting. Manufactured dwelling does not
include recreational vehicles or park model trailers.
Single-detached prefabricated means a residential building containing only one dwelling unit which
is newly built at an off-site manufacturing facility or location other than the lot intended for
occupancy. The unit is built in conformance with CSA standards and/or Alberta Building Codes.
Single-detached prefabricated dwellings include modular dwellings, panelized dwelling and ready-
to-move dwellings as follows:
Town of Milk River Land Use Bylaw No. 997
PART 8 | 9
Modular dwelling means a single-detached dwelling unit constructed in two or more
modules or sections. The dwelling is transported by transport trailer in sections and
delivered to the site where it is assembled over a conventional permanent foundation.
Panelized dwelling means a single-detached dwelling unit consisting of factory built wall
panels and building components that are delivered to the site as a package ready for
assembly on site over a conventional permanent foundation.
Ready-to-move (RTM) means a single-detached dwelling unit built using conventional
construction methods that would normally be built on the lot intended for occupancy, but
for various reasons is built at a plant site. It is then loaded and transported as one unit
onto the proper moving equipment and delivered to the client's location for placement on
a conventional permanent foundation.
Single-detached site built means a residential building containing one dwelling unit which is
constructed on the lot intended for occupancy and is not attached to any other dwelling by any
means. (see Diagram 8.7)
DIAGRAM 8.7
E
Easement means a right held by one part in land owned by another.
Educational facility means a development for the offering of continuing education or specialized
courses of study.
Equipment sales, rental and service means a development for the retail sale, wholesale distribution,
rental and/or service of equipment such as hand tools, construction, farming, gardening and automotive
equipment, small machinery parts, and office machinery and equipment and other similar equipment.
Town of Milk River Land Use Bylaw No. 997
PART 8 | 10
Extensive agriculture means the production of crops by expansive cultivation. Barns and other similar
buildings associated with extensive agriculture are classified as accessory buildings. This use does not
include the grazing or keeping of farm animals, agricultural related industry buildings such as packaging
plants, processing plants, agricultural support services or any other similar uses or structures.
F
Farmer's market means a development where fresh or processed farm or garden produce and wares
are sold in retail or wholesale settings and where goods are typically displayed in bulk bins or stalls for
customer selection. This use may also include entertainment, crafts sales and sales of other similar
products and amenity activities.
Fence means an accessory structure usually made of wood, rails, or bricks intended to mark parcel
boundaries and provide yard privacy.
Financial institution means a development primarily for providing the service of banking or lending
money such as a bank, saving and loan institution or credit union.
Floor area means the sum of the gross horizontal area of the several floors and passageways of a
building not including the basement, cellars, attached garages and open porches. Basement floor area is
included only when the building contains an accessory dwelling unit.
Food store, bakery, deli, grocery means a development where most of the floor area is devoted to the
sale of food products for home preparation and consumption, which may also include things such as
home care, personal care products, and pharmacy services and are substantially larger and carry a
broader range of merchandise than convenience stores.
Foundation means the supporting base structure of a building.
Frontage means the portion of a lot abutting a road right-of-way measured along the front line or
secondary front lot line.
Funeral home means a development for the arrangement of funerals, the preparation of the deceased
for burial or cremation, cremation service, and the holding of funeral services.
G
Garage (residential) means an accessory building designed and used for storage of motor vehicles.
Garden centre means a development for the sale, display, growing and storage of garden, household,
and ornamental plants and trees. The use may include the supplementary retail sale of fertilizers,
garden chemicals, implements, and associated products.
Town of Milk River Land Use Bylaw No. 997
PART 8 | 11
Government service means a development providing municipal, provincial or federal government
services directly to the public or the community at large and includes development required for the
protection of persons or property.
Grade means the average surface level of the ground when the work of erecting a structure is
completed.
Grain elevator means a development for the collecting, grading, sorting, storage and transhipment of
grains.
Group care facility means a development that provides residential accommodation and rehabilitative
services to persons who are handicapped, disabled or undergoing rehabilitation and are provided care
to meet their needs. This use may also include supervised uses such as group homes and half-way
houses.
Guest lodging means a development carried out in an owner-occupied dwelling where temporary
accommodation is provided to non-residents of the dwelling on a short-term basis for remuneration and
may include the provision of meals for guests that are prepared in the common kitchen of the dwelling.
This use is commonly referred to as a bed and breakfast.
H
Heavy manufacturing and industry means a development for manufacturing, assembling or fabricating
activities on a large scale, where there may be external effects from the activity and which does not
meet the definition of light industry/manufacturing.
Hedge means a row of closely planted shrubs or bushes forming a boundary, enclosure or fence.
Home occupation means an occupation, trade, profession or craft carried on by an occupant of a
residential building as a use secondary to the residential use of the building and does not change the
character of the building or lot. See Part 5, section 5 for definitions of Home occupation A and Home
occupation B. This use does not include sale of cannabis and cannabis accessories, which is classified as
a "Retail cannabis store".
Hospital means a development providing medical treatment on an in-patient and/or out-patient basis
and may include provisions such as outdoor amenity areas, laundry, maintenance buildings, air transport
facilities, cafeteria, accessory staff residences and other accessory uses.
Hotel means a development within a building used primarily for sleeping accommodation for
compensation and ancillary services provided in rooms or suites, accessible through a central lobby. The
building may also contain commercial, restaurant, dining room, and convention facilities.
Household repair service means a development for the repair and servicing of goods, furniture,
equipment and appliances normally used within and around the home.
Town of Milk River Land Use Bylaw No. 997
PART 8 | 12
I
Illumination means the lighting of a building, structure, landscaping or sign by artificial means.
Intensive horticulture means a development involving the use of land or buildings for the high yield
production of specialty crops and may include on-site sales. This use includes greenhouses, hydroponic
or market gardens, fish farms, mushroom and sod farms. This use does not include production of
cannabis.
K
Kennel means commercial development where three or more domestic pets are maintained, boarded,
bred, trained or cared for or kept for the purposes of sale.
L
Land use district means a specifically delineated area or zone within which the development standards
of this Bylaw govern the use, placement, spacing and size of land and buildings.
Lane means a public roadway which provides a secondary means of access to a lot.
Licensed premises means a development licensed and regulated pursuant to provincial legislation
where alcoholic beverages are served for consumption on the premises.
Light industry and manufacturing means a development for processing, assembly, production and
packaging of goods or products as well as administrative offices and warehousing and wholesale
distribution uses which are accessory uses to the above, provided the use does not generate any
detrimental impact, potential health or safety hazard or any nuisance beyond the boundaries of the
developed portion of the lot upon which it is situated.
Liquor store means a development licensed under provincial authority for the sale of beer, wine, or
spirits for consumption off-site.
Livestock sales yard means a development where animals, poultry and/or livestock are collected for sale
or trade to a bidder. The definition does not apply to individual sales by private owners. Livestock sales
yard is a prohibited use in the Town of Milk River.
Lodging house - see Boarding house.
Lot means an area of land, the boundaries of which are shown on a plan registered in a Land Titles
Office, or are described in the Certificate of Title to the land, and that has not been divided into smaller
areas by any plan or instrument registered in the Land Titles Office. The words site and parcel shall have
the same meaning as the word lot.
Town of Milk River Land Use Bylaw No. 997
PART 8 | 13
Lot area means the total horizontal area of a lot.
Lot, corner means a lot located at the intersection or junction of two or more streets. (see Diagram 8.8)
Lot, interior means any lot other than a corner lot. (see Diagram 8.8)
Lot, length means the horizontal distance between the front and rear lot lines vertically projected and
measured along the median between the side lot lines. (see Diagram 8.8)
Lot lines means the legally defined limits of any lot. The
term property line shall have the same meaning. (see
Diagram 8.8)
Lot line, front means the lot line abutting the street, or on
a corner lot or lot with multiple street frontages, is the lot
line deemed to be the front lot line by the Development
Authority having regard to the orientation of buildings
within the block.
Lot line, rear means the lot line opposite or approximately
opposite the front parcel one, or on a corner lot or lot with
multiple street frontages, is the lot line deemed to be the
rear lot line by the Development Authority having regard to
the orientation of buildings within the block.
Lot line, secondary front means the secondary front lot
line on a corner lot which is deemed to be the secondary
front lot line by the Development Authority.
Lot line, side means the lot line other than the front,
secondary front, or rear lot lines.
Lot, width means the average horizontal distance between
the side lot lines. (see Diagram 8.8)
DIAGRAM 8.8
M
Manufactured home park means a parcel of land maintained and operated by an owner or a manager
providing spaces for the long-term parking and occupancy of manufactured homes with ancillary
facilities including recreation area.
Manufactured homes sales and service means a development for the display and sale of manufactured
homes, and may include supplementary maintenance services and the sale of parts and accessories.
Town of Milk River Land Use Bylaw No. 997
PART 8 | 14
Medical/health facility means a development for the provision of human health services without
overnight accommodation for patients and may include associated office space. Typical uses include
physiotherapy, massage therapy, doctor, dentist, optometrist, and chiropractic offices.
Mini-storage means a development providing compartmentalized buildings or a designated site for the
storage of equipment, household or business materials, and vehicles, recreational vehicles, boats,
trailers and similar items, but excludes storage of hazardous goods or materials.
Mixed use building means a development where a building is used partly for residential and partly for
commercial use.
Motel means a development within a building containing sleeping accommodations for compensation,
and which is distinguished from a hotel primarily by reason of providing direct exterior access to and
from each room. The use may also include other uses such as a restaurant, dining room, and convention
facilities.
Moved-in building means a pre-constructed, previously occupied building which is physically removed
from one site, transported and re-established on another site and does not include manufactured
homes, modular dwellings or ready-to-move dwellings.
Municipal Development Plan means a statutory plan adopted by bylaw in accordance with section 632
of the Municipal Government Act.
Municipal Government Act (MGA) means the Municipal Government Act, Revised Statutes of Alberta
2000, Chapter M-26, as amended.
Municipal Planning Commission (MPC) means the body established by bylaw to act as the subdivision
and development authority in accordance with sections 623 and 624 of the Municipal Government Act.
Municipality means the Town of Milk River in the Province of Alberta.
N
Non-conforming building - see Building, non-conforming.
Non-conforming use - see Use, non-conforming.
Noxious or hazardous uses are those land uses which may be detrimental to public health, safety and
welfare because of toxic gases, noxious smells, wastes, noise, dust or smoke emissions which are
incompatible with residential or other development.
O
Office means a development primarily for the provision of professional, management, administrative,
consulting or financial services in an office setting.
Town of Milk River Land Use Bylaw No. 997
PART 8 | 15
Off-street loading space means the designated area on a lot designed expressly for the parking of
haulage vehicles while loading and unloading.
Off-street parking means an off-street parking area for vehicles which is located on a lot, excluding a
public roadway.
Off-street parking area means the designated area on a lot which is accessible from a street, lane or
other public roadway, set aside for and capable of providing space for the off-street parking of motor
vehicles.
Off-street parking space means an off-street parking space set aside for, designed and capable of being
used for the parking of one motor vehicle.
Orientation means the arranging or facing of a building or other structure with respect to the street
frontage.
Outdoor storage means a development on land with or without buildings for the open, outdoor storage
of equipment, materials, vehicles, goods, and processed or unprocessed resources or materials.
P
Parking facility means a parking lot or parking structure not located in the public roadway which is
intended to be used exclusively to provide off-street parking of vehicles as a principal use and which
may include buildings or structures necessary for the operation of the parking lot or structure. A parking
structure means a building or structure designed for parking vehicles in tiers on levels above each other,
whether above or below ground.
Park model trailer means a recreational vehicle that is either:
(a) built on a single chassis mounted on wheels designed for infrequent towing by a heavy-duty
tow vehicle but is restricted in size and weight so it does not require a special highway
movement permit and conforms to the CSA Z-240 standard for recreational vehicles; or
(b) intended for temporary residence or seasonal use built on a single chassis mounted on wheels,
which may be removed and returned to the factory, requiring a special tow vehicle and
highway permit to move on the road and conforms to the CSA Z-241 standard for recreational
vehicles.
Parks and playgrounds means development for active or passive public recreational activities that do
not require major buildings or facilities and includes picnic areas, playgrounds, pedestrian and bicycle
paths, landscaped areas and associated public washrooms.
Patio means a paved, wooden, or other hard-surfaced area intended for outdoor living space that is less
than 0.61 m (2 ft) above grade. A patio is not included in site coverage calculations.
Town of Milk River Land Use Bylaw No. 997
PART 8 | 16
Permitted use means the use of land or buildings which is permitted in a district for which a
development permit shall be issued, following receipt by the Development Officer of a completed
application with appropriate details and fees, provided the proposed development conforms with this
Bylaw.
Personal service means a development that provides personal services to an individual that are related
to the personal care and appearance or the cleaning and repair of personal effects. Typical uses include
but are not limited to barber shops, beauty salons, hairdressers, manicurist, aestheticians, fitness
facility, tailors, dress makers, shoe repair, dry cleaning establishment and laundries.
Principal building - see Building, principal.
Principal use means the main purpose, in the opinion of the Development Authority, for which a lot is
used.
Prohibited use means a development that is not listed within a land use district as a permitted or
discretionary use, or is not deemed a similar use in accordance with the provisions of this Bylaw.
Provincial health care facility means a hospital as defined in the Hospitals Act.
Public and private utilities means a development for any one or more of the following:
(a) systems for the distribution of gas, whether artificial or natural;
(b) facilities for the transmission, movement or disposal of sanitary sewage;
(c) facilities for the transmission, movement, distribution or supply of water;
(d) storm sewage drainage facilities;
(e) systems for the distribution of artificial light or electric power;
(f)
facilities for the storage of telephone, cable, remote weather stations and internet
infrastructure;
(g) any other things prescribed by the Lieutenant Governor in Council by regulation.
Public open space means land which is not in private ownership, and is open to use by the public.
R
Railway and railway related uses means a railway line and any use connected with the direct operation
or maintenance of a railway system and also includes any loading or unloading facilities.
Recreation facility means a development for sports or recreational or retreat activities, uses and
facilities including associated eating and retail areas, provided for public or private use. Such uses
include, but are not limited to, gymnasiums, athletic/sport fields, shooting ranges, golf courses,
recreation centres, indoor/outdoor ice rinks, campgrounds, retreats and country clubs.
Town of Milk River Land Use Bylaw No. 997
PART 8 | 17
Recreational vehicle/holiday trailer means a vehicle or trailer, designed to be moved on its own wheels
or by other means (including units mounted on trucks), designed or constructed to be used for sleeping
or living purposes on a short-term, temporary basis. Such vehicles and trailers are subject to highway
safety standards rather than housing standards. Examples include things such as motor homes,
campers, holiday trailers, travel trailers, fifth wheel trailers, tent trailers, and park model trailers.
Recreational vehicles/holiday trailers are not permitted for use as a permanent dwelling.
Recycling facility means a development for the purchasing, receiving and/or temporary storage of
discarded articles, provided that the use does not generate a detrimental effect or nuisance beyond the
parcel or lot upon which it is situated. Examples include bottle, can and paper recycling depots, but
does not include auto wreckage and salvage.
Religious assembly means a development for worship and related religious or social activities, and
includes accessory rectories, manses, meeting rooms and classrooms. Typical uses include churches,
chapels, temples, mosques, synagogues, parish halls and convents.
Residence in conjunction with an approved permitted or discretionary use means a residential unit
located within a commercial building which is accessory to the approved principal use.
Restaurant means a development where food and beverages are prepared and served. The
development may include supplementary alcoholic beverage service and catering services. This term
includes such uses as restaurants, cafes, diners, lunch and tea rooms, ice cream parlours, banquet
facilities and take-out restaurants.
Retail cannabis store means a development involving the use of a building where cannabis and cannabis
accessories, licensed by the Province of Alberta, are offered for sale to individuals who attend the
premises for off-site consumption, and may include storage within the premises of cannabis and
cannabis accessories sufficient only to service such a store.
Retail outlet means a building where goods, wares, merchandise, substances, articles or things are
stored, offered or kept for sale at retail, and includes storage on or about the store premises of limited
quantities of such goods, wares, merchandise, substances, articles or things, sufficient only to service
such a store. This use does not include sale of cannabis and cannabis accessories, which is classified as a
"Retail cannabis store".
Rodeo grounds means a development for public performance featuring bronco riding, calf roping, etc.
and may include exhibition areas, eating and drinking establishments, and other associated uses.
S
School means a development providing a place of instruction offering courses of education or study
operated with public or private funds pursuant to the provincial School Act.
Screening means a fence, wall, berm or hedge used to visually separate areas or functions which detract
from the urban street or neighbouring land uses.
Town of Milk River Land Use Bylaw No. 997
PART 8 | 18
Seed cleaning plant means a development where grains are stored, sorted, cleaned, and bagged within
a building for agricultural purposes.
Seniors housing means a development which is used as a residence for elderly persons not requiring
constant or intensive medical care and complies with the Alberta Housing Act, and is sponsored and
administered by any public agency or any non-profit organization. This use may also include a lounge,
dining, health care, recreation facilities and other similar uses in associated with the principal use.
Service station means a development for the retail sale of motor accessories, gasoline or other fuels and
the supply of washing, greasing, cleaning and minor repair services for motor vehicles.
Setback means the minimum distance required between a building, structure, development or use from
a property line and is measured at a right angle to the lot line. (see Diagram 8.9)
DIAGRAM 8.9
Shipping container means any container that is or was used for transport of goods by means of air, rail,
truck or by sea. These are generally referred to as a C-container, sea cargo container, sea can, and cargo
container. Such containers are typically rectangular in shape and are generally made of metal. For the
purposes of this Bylaw, when such a container is used for any purpose other than transporting freight, it
will be considered a structure, and must conform to the regulations of this Bylaw and may require a
development permit.
Sign means any word, letter, model, picture, symbol, object, structure, fixture, placard, device and
components, or portion thereof, which is used to advertise, identify, communicate, display, direct or
attract attention to any object, matter, thing, person, institution, organization, business, product,
service, event or location by any means.
Sign, a-board means a portable sign which is set on the ground, built of two similar
pieces of material and attached to the top by a hinge(s) so as to be self-supporting
when the bottom edges are separated from each other and designed and built to be
easily carried by one person. (see Diagram 8.10)
DIAGRAM 8.10
Town of Milk River Land Use Bylaw No. 997
PART 8 | 19
Sign, band means a fascia sign which is used to advertise tenants of a shopping mall or group of retail
stores, in a uniform manner. (see Diagram 8.11)
DIAGRAM 8.11
Sign, canopy means a sign attached to a non-retractable completely enclosed overhead, which is
intended to be used for business identification and protection against the weather and is not supported
independently of any other building or structure. (see Diagram 8.11)
Sign, directional means a sign providing directions necessary or convenient for visitors or clients coming
onto a premises including signs marking entrances, exits, parking areas, loading zones, and circulation
direction.
Sign, fascia means a sign placed flat and parallel to the face of the building so that no part projects more
than one foot from the building or other distance approved by the Development Authority. (see
Diagram 8.11)
Sign, free-standing means a sign supported independently of a building, wall or other structure by way
of a column or pole or other similar structure placed in or on the ground. (see Diagram 8.11)
Sign, identification means a sign providing the nature, logo, trademark or other identifying symbol, or
combination of the name a symbol of a building, business, development or establishment on the
premises where it is located.
Sign, information means a sign located on the premises that provides a service, direction or courtesy
information intended to assist the public/patrons in locating services such as hours of operation, list of
businesses within a complex, service windows, restrooms, etc.
Sign, lawn means a sign where the base of the sign is located at grade or is mounted between two
structures elevating the base of the sign above grade. (see Diagram 8.11)
Sign, mural means a painting or other decorative work applied to and made integral with an outside
wall surface of a building for the primary purpose of decoration or artistic expression and not created
solely to display a commercial message or depiction.
Town of Milk River Land Use Bylaw No. 997
PART 8 | 20
Sign, portable means a sign that is not permanently affixed to a building, structure or the ground. (see
Diagram 8.12)
DIAGRAM 8.12
Similar use means a use of land or buildings for a purpose that is not provided in any district designated
in this Bylaw, but is deemed by the Development Authority to be similar in character and purpose to
another use that is included within the list of uses prescribed for the district in which the development is
proposed.
Site - see Lot.
Site coverage, accessory means the percentage of the lot area which is covered by the combined area of
all accessory buildings and structures.
Site coverage, principal means the percentage of lot area which is covered by the principal building
including any structure attached to the principal building by an open or enclosed roofed structure,
including but not limited to attached garages, carports, verandas, covered balconies, covered decks and
covered porches.
Site, density means the average number of families, persons or dwelling units per unit of land.
Site plan means a plan drawn to scale illustrating the proposed and existing development prepared in
accordance with the requirements of this Bylaw.
Small wind energy system means a development that generates electricity from a wind turbine, either
building or tower mounted, including associated control and conversion electronics and tower guy
wires, which has a limited capacity to be used primarily for the applicant's own use.
Solar collector a device or structure that is capable of collecting and distributing solar energy for the
purpose of transforming it into thermal, chemical or electrical energy.
Sportsfield means a development for the recreational use of land to accommodate active or passive
type athletic, sport or recreational activities such as soccer, football, rugby, field hockey and baseball
and may include minor associated uses such as benches, bleachers, washrooms, maintenance buildings
and canteen.
Stop order means an order issued by the Development Authority pursuant to section 645 of the
Municipal Government Act.
Storey means that portion of a building included between the surface of any floor and the surface of the
floor next above, or of the ceiling.
Town of Milk River Land Use Bylaw No. 997
PART 8 | 21
Street means a registered and named public roadway typically greater than 7.6 m (25 ft) in width. It
does not include lanes or alleys.
Structure means anything constructed or erected with a fixed location on the ground or attached to
something having a fixed location on the ground. Among other things, structures include buildings,
walls, fences, stairs and signs.
Subdivision means the division of a parcel by an instrument. Subdivide has a corresponding meaning.
Subdivision and Development Appeal Board means the tribunal established, by bylaw, to act as the
municipal appeal body for subdivision and development.
Subdivision and Development Regulation means regulations established by order of the Lieutenant
Governor in Council pursuant to section 694 of the Municipal Government Act.
Such as means includes but is not limited to.
T
Telecommunication antenna means a structure and any associated systems, including masts, towers
and other antenna supporting structures that is used for the transmission, emission or reception of
television, radio or telecommunications.
Temporary use means a use, building, or structure maintained for a limited time period as specified in a
temporary development permit and ceased after that time.
Tourist information means a development intended to provide information to the travelling public and
may include amenities such as washroom and picnic facilities, accessory retail sales and food and
beverage service.
Truck park/rest area means a development providing a parking area for large commercial vehicles such
as semi-trailer trucks to stop and park on a temporary basis, which can include restroom facilities, but
excludes campground use and overnight parking of private passenger vehicles.
Truck stop means a development providing a service station which caters to large commercial vehicles
such as trucks as well as intermediate sized vehicles and passenger vehicles. The use "Truck stop"
includes an accompanying restaurant or cafe as well as a card lock or key lock motor vehicle fuel
dispensing facility. The use may also include general retail sales, vehicle towing services, limited vehicle
sales or rentals and similar uses provided that any such uses are clearly accessory uses and incidental to
the operation of the truck stop in the opinion of the Development Authority.
Truck transportation depots/dispatch means a development for the purpose of storing and/or
dispatching trucks, buses, fleet vehicles, and transport vehicles and may include towing operations. The
use may also involve the transfer of goods primarily involving the loading and unloading of freight-
carrying trucks.
Town of Milk River Land Use Bylaw No. 997
PART 8 | 22
Truck wash means a development for commercial vehicle washing of large vehicles such as tractor
trailers.
U
Use means the purpose for which land or a building or structure is arranged or intended, or for which
either land, a building or structure is, or may be, occupied and maintained.
Use, non-conforming 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 a 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.
Utilities - see Public and private utilities.
V
Variance - see Waiver.
Veterinary clinic - large animal means a development involving a medical facility which treats animals of
all sizes and can consist of inside and outside pens.
Veterinary clinic - small animal means a development involving a medical facility which treats only small
animals with no provision for outside pens or cages.
W
Waiver means a relaxation of a numerical standard or development standard prescribed in this Bylaw
which is granted by the Development Authority.
Warehouse - retail means a development for the indoor storage and distribution of goods, materials,
equipment and merchandise that includes a retail component open to the public.
Warehousing means a development for the indoor storage and distribution of goods, materials,
equipment and merchandise but does not include a retail component open to the public.
Waste transfer site means a development for the collection and temporary holding of solid waste
and/or recycling that is transferred off-site to a landfill.
Town of Milk River Land Use Bylaw No. 997
PART 8 | 23
Wastewater treatment plant has the same meaning as referred to in the Subdivision and Development
Regulation and the Environmental Protection and Enhancement Act. This definition also includes a
wastewater treatment stabilization plant.
Water treatment plant means a development that treats raw water so that it is safe for human
consumption and then distributes it for human use.
Wholesale - trade means a development primarily engaged in selling merchandise to retailers; to
industrial, commercial, institutional or professional business users or to other wholesalers; or acting as
agents or brokers and buying merchandise for, or selling merchandise to such individuals or companies.
Workshop accessory to retail means a development attached or unattached to the principal building of
a retail store where the workshop is used for the purpose of small scale, on-site production or repair of
goods or production of craftwork. This work may be carried on by an individual or proprietor with or
without helpers or power machinery and the goods or articles produced or repaired are associated with
the principal retail use on the lot. The production in the workshop must not generate any detrimental
impact, potential health or safety hazard or any nuisance. This term includes but is not limited to uses
such as woodworking, pottery, ceramic, jewellery, sculpture and artists' studios.
Y
Yard means a part of a lot upon or over which no building or structure other than a boundary fence is
erected, unless otherwise hereinafter permitted. (see Diagram 8.13)
Yard, front means a yard extending across the full width of a lot and situated between the front lot line
and the nearest portion of the principal buildings. (see Diagram 8.13)
Yard, rear means a yard extending across the full width of a lot and situated between the side lot lines
and the nearest portion of the principal building. (see Diagram 8.13)
DIAGRAM 8.13
Town of Milk River Land Use Bylaw No. 997
PART 8 | 24
Yard, secondary front means the second front yard on a corner lot with street frontage which is
designated as the secondary front by the Development Authority having regard to the orientation of the
buildings within the block extending across the full width of the lot and situation between the secondary
front lot line and the nearest portion of the principal building. (See Diagram 8.13)
Yard, side means a yard extending from the front yard to the rear yard and situated between the side
lot lines and the nearest portion of the principal building. (see Diagram 8.13)
Z
Zoning - see Land use district.
All other words and expressions, not otherwise defined, have the same meaning as in
Part 17 of the Municipal Government Act.
APPENDIX A
FEE SCHEDULE
T o w n o f C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3 T o w n o f
C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3
Town of Milk River Land Use Bylaw No. 997
APPENDIX A | 1
APPENDIX A
FEES
1. Every application for a development permit shall be accompanied by a fee as set out in the fee
schedule (see Appendix A), which shall be established by resolution of Council from time to time.
2. Where the permit fees are on a graduated scale for residential, commercial, industrial and
miscellaneous uses, such fees shall be based exclusively on the category into which the area of the
proposed building falls.
3. In any case, where the required fee is not listed in the fee schedule, such fee shall be determined by
the Development Officer and shall be consistent with those fees listed in the schedule for similar
developments.
4. Where, pursuant to the provision of this Bylaw, the application will require special notification to
adjoining property owners, the applicant shall pay a fee in addition to that specified in the fee
schedule.
5. Where, in the opinion of the Development Officer, the application is substantially revised, the
applicant, prior to reconsideration of the application, shall pay, in addition to the fee specified, a fee
equal to 50 percent of the initial application fee, except that such additional fee shall not be
required in instances where improvements are suggested by the Development Officer, resulting in
substantial revisions.
6. Where an application is made to Council for an amendment to this bylaw:
(a) it shall be accompanied by an application fee for each application as specified in the fee
schedule;
(b) the cost of advertising for the public hearing on the matter shall be borne by the applicant;
and
(c) the Council may determine that the whole or any part of the application fee be returned to the
applicant.
7. Any development commenced without a development permit or if a structure is built in error and
requires an application for approval, the fee for the application shall be twice the amount prescribed
in the fee schedule.
Town of Milk River Land Use Bylaw No. 997
APPENDIX A | 2
Appendix A
Schedule of Fees for Planning and Development Services (2016)
Fee Schedule
Permitted Uses
Discretionary Use or Use
Requesting Waiver(s)
Greater than 10%
Residential:
Dwellings
$100
$150
Additions
$25
$75
Accessory Buildings
$25
$75
Home Occupations
N/A
$100
Commercial / Industrial:
Change of Use
$100
$150
All Other Development
$100
$150
Public / Institutional:
All Uses
$100
$150
Sign Permit:
N/A
$75
Fences*:
N/A
$75
Letter of Compliance:
$30
Recirculation Fee:
50% of the original application fee
Land Use Bylaw Amendments:
$300
Other Statutory Plans and Amendments To:
$300
Appeal to the Subdivision and Development Appeal Board:
($150 of fee refundable upon successful appeal)
$300
* Fences that do not meet the standards of the Land Use Bylaw require a development permit.
Whenever an application is received for a development or use not listed in this schedule, the amount of
the fee shall be determined by the Development Officer and shall be consistent with those fees listed
herein.
Fees are set by Council through a separate bylaw or resolution and may be adjusted from time to time.
APPENDIX B
APPLICATIONS AND FORMS
Page 1 of 5
FOR OFFICE USE ONLY
Date of Application:
Development Permit
Application No.
Date Deemed
Complete
Processing Fee
IMPORTANT NOTICE: This application does not permit you to commence construction until such time as a permit has been issued by the
Development Authority. If a decision has not been received within 40 days of the date the application was deemed complete and no
extension agreement has been entered into, you have the right to deem the application refused and file an appeal to the Subdivision and
Development Appeal Board.
THIS DOES NOT CONSTITUTE A BUILDING PERMIT.
A SEPARATE BUILDING PERMIT MUST BE OBTAINED BEFORE CONSTRUCTION BEGINS.
APPLICANT INFORMATION
Name of Applicant:
(please print)
Phone (primary):
Mailing Address:
Phone (alternate):
Fax:
Municipality:
Email:
Postal Code:
Check this box if you would like to
receive documents through email.
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Phone:
Mailing Address:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other ________________________
Municipality:
Postal Code:
Town of Milk River
Box 270, Milk River, AB T0K 1M0
R E S I D E N T I A L
D E V E L O P M E N T P E R M I T A P P L I C A T I O N
IF "NO" please complete box below
Page 2 of 5
PROPERTY INFORMATION
Municipal Address of
Development:
Legal Description:
Lot(s)
Block
Plan
Land Use District:
Existing use of parcel:
DEVELOPMENT INFORMATION
This application is to: (Check all that apply)
Construct a new dwelling
The dwelling is a:
Single-detached site built dwelling
Single-detached manufactured or prefabricated dwelling
Single-detached moved-in dwelling
Semi-detached dwelling
Duplex
Multi-unit - please specify the number of dwelling units ________________
Other
Alter/renovate the existing building
The renovation is a:
Addition
Accessory dwelling unit
Attached garage
Deck
Other
Construct an accessory building / structure
The accessory building is a:
Garage (detached)
Shed
Accessory dwelling
Other
Moved-in building
Development not involving construction ________________________________________________________
Other ____________________________________________________________________________________
Page 3 of 5
Describe the proposed use, any changes from existing use, and any work to be done.
BUILDING REQUIREMENTS
Principal Building
Accessory Building
Office Use
Parcel Size
m2
ft2
m2
ft2
Building Size
m2
ft2
m2
ft2
Height of Building
m
ft.
m
ft.
Proposed Setbacks from Property Lines
Front
m
ft
m
ft
Secondary Front
m
ft
m
ft
Rear
m
ft
m
ft
Side
m
ft
m
ft
Side
m
ft
m
ft
Parcel Type: Interior Lot Corner Lot
Details of VEHICLE PARKING and ACCESS:
Show location and number of all existing and proposed parking spaces, parking areas and driveways on the
Site Plan.
Details of EXTERIOR BUILDING FINISH:
Describe the type(s) ________________________________ and colour(s) ___________________________
of all material used to finish the existing and proposed structure exteriors.
Details of SERVICES: Indicate as follows: (A) = available (R) = required
( ) water ( ) sewer ( ) natural gas ( ) electricity ( ) telephone
Page 4 of 5
ABANDONED WELL INFORMATION
This applies to developments that require a new permit from the municipality for:
new buildings larger than 500 sq. ft. (47 m2), or
additions to buildings that will result in the building being this size or larger.
If your development proposal fits the criteria above, you are required to do the following:
1. Obtain map and well information
Please go to the AER's Abandoned Well Viewer (viewer) on the AER website at www.aer.ca. The viewer will provide a
map identifying all recorded abandoned well surface locations in the selected area and list any additional details that
are available, including the licensee(s) of record and the latitude and longitude of each well's surface location.
If you do not have Internet access or have questions about the information provided by the viewer, you may contact:
the AER Customer Contact Centre by telephone at: 1-855-297-8311 (toll-free), or
by e-mail at: [email protected], or
the AER Information Services by mail at: Suite 1000, 250 - 5 Street SW, Calgary, Alberta T2P 0R4.
2. Submit the following as part of your development permit application
the AER information, including a map of the search area from the viewer and a statement that there are no wells in
the project area or a list and map identifying the location of abandoned wells within the search area (including the
surface coordinates, as provided by the viewer or AER Information Services); and
if an abandoned well is present, a detailed site plan must be provided that accurately illustrates the actual well
location (i.e. latitude, longitude) on the subject parcel as identified in the field and the setback established in the
ERCB/AER Directive 079 (a minimum 5 m radius around the well) in relation to existing or proposed building sites.
If there is an abandoned well located in the area of the proposed surface development, the applicant is advised to
contact the well licensee of record for any additional information that may be needed or to physically locate the well,
and to discuss the proposed development and abandoned well issue in more detail.
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Development Permit. I also consent to an authorized person designated by the municipality
to enter upon the subject land and buildings for the purpose of an inspection during the processing of this application.
APPLICANT
Registered Owner (if not the same as applicant)
DATE
The personal information provided as part of this application is collected under section 39 of the Safety Codes Act and sections 303 and 295 of the
Municipal Government Act and in accordance with section 32(c) of the Freedom of Information and Protection of Privacy Act. The information is required
and will be used for issuing permits, safety codes compliance verification and monitoring and property assessment purposes. If you have any questions
about the collection or use of the personal information provided, please contact the Chief Administrative Officer at the Town of Milk River.
Page 5 of 5
DEVELOPMENT APPLICATION SUBMISSION REQUIREMENTS
The following items shall be attached to all Development Permit Applications. This is not an exhaustive list and the
Development Officer may request additional information that is required to assess the application.
Copy of Site Plan. Site plan shall be prepared on an 11 X 17 or 8.5 X 11 sheet to the satisfaction of the
Development Officer and provide the following information:
Legal description and municipal address of subject property
Scale and north arrow
Adjacent roadways and lanes
Lot dimensions, lot area, and percentage of lot coverage for all buildings
Existing residence and/or any other buildings with dimensions of foundation and projections including decks
Proposed residence and/or any other buildings with dimensions of foundation and projections including decks
The proposed distances from the foundation of the building to the front, secondary front, side, and rear
property lines
Location of lot access, existing sidewalk(s) and curbs
Surface drainage patterns
Landscaping plan
Location of utilities and any abandoned oil and gas wells
Location of any registered utility right of ways or easements
Location and number of off-street parking spaces
Copy of Building Plans. Plans shall be to scale, either 11 X 17 or 8.5 X 11 in size, and contain the following
information:
Scale and dimensions of exterior walls and interior rooms
Floor plan of all living space proposed to be developed
Building elevations including front, sides, and rear elevations, building height (from finished grade), roofing
material, and roof pitch
Copy of map or additional information from the AER regarding location of abandoned wells.
If applicant is not the registered owner, a written statement (or this application) signed by the registered owner
consenting to this application.
Application fee payable to the Town of Milk River.
T O W N O F M I L K R I V E R
R E S I D E N T I A L D E V E L O P M E N T P E R M I T A P P L I C A T I O N
Page 1 of 5
FOR OFFICE USE ONLY
Date of Application:
Development Permit
Application No.
Date Deemed
Complete
Processing Fee
IMPORTANT NOTICE: This application does not permit you to commence construction until such time as a permit has been issued by the
Development Authority. If a decision has not been received within 40 days of the date the application was deemed complete and no
extension agreement has been entered into, you have the right to deem the application refused and file an appeal to the Subdivision and
Development Appeal Board.
THIS DOES NOT CONSTITUTE A BUILDING PERMIT.
A SEPARATE BUILDING PERMIT MUST BE OBTAINED BEFORE CONSTRUCTION BEGINS.
APPLICANT INFORMATION
Name of Applicant:
(please print)
Phone: (primary):
Mailing Address:
Phone (alternate):
Fax:
Municipality:
Email:
Postal Code:
Check this box if you would like to
receive documents through email.
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Phone:
Mailing Address:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other ________________________
Municipality:
Postal Code:
IF "NO" please complete box below
Town of Milk River
Box 270, Milk River, AB T0K 1M0
N O N - R E S I D E N T I A L
D E V E L O P M E N T P E R M I T A P P L I C A T I O N
Page 2 of 5
PROPERTY INFORMATION
Municipal Address of
Development:
Legal Description:
Lot(s)
Block
Plan
Land Use District:
Existing use of parcel:
DEVELOPMENT INFORMATION
This application is to: (Check all that apply)
Construct a new building
The building is for:
Commercial Use
Industrial Use
Public/Institutional Use
Other, specify _______________________________________
Alter/renovate the existing building
Construct an accessory building
Change or intensification of use (e.g. new type of business in existing building)
Describe the proposed use, any changes from existing use, and any work to be done.
Page 3 of 5
BUILDING REQUIREMENTS
Principal Building
Accessory Building
Office Use
Parcel Size
m2
ft2
m2
ft2
Building Size
m2
ft2
m2
ft2
Height of Building
m
ft
m
ft
Proposed Setbacks From Property Lines
Front
m
ft
m
ft
Secondary Front
m
ft
m
ft
Rear
m
ft
m
ft
Side
m
ft
m
ft
Side
m
ft
m
ft
Parcel Type: Interior Lot Corner Lot
Details of VEHICLE PARKING and ACCESS:
Show location and number of all existing and proposed parking spaces, loading spaces and driveways on the
PLOT PLAN.
Details of EXTERIOR BUILDING FINISH:
Describe the type(s) ________________________________ and colour(s) ___________________________
of all material used to finish the existing and proposed structure exteriors.
Details of SERVICES: Indicate as follows: (A) = available (R) = required
( ) water ( ) sewer ( ) natural gas ( ) electricity ( ) telephone
ABANDONED WELL INFORMATION
This applies to developments that require a new permit from the municipality for:
new buildings larger than 500 sq. ft. (47 m2), or
additions to buildings that will result in the building being this size or larger.
If your development proposal fits the criteria above, you are required to do the following:
1. Obtain map and well information
Please go to the AER's Abandoned Well Viewer (viewer) on the AER website at www.aer.ca. The viewer will provide a
map identifying all recorded abandoned well surface locations in the selected area and list any additional details that
are available, including the licensee(s) of record and the latitude and longitude of each well's surface location.
If you do not have Internet access or have questions about the information provided by the viewer, you may contact:
the AER Customer Contact Centre by telephone at: 1-855-297-8311 (toll-free), or
by e-mail at: [email protected], or
the AER Information Services by mail at: Suite 1000, 250 - 5 Street SW, Calgary, Alberta T2P 0R4.
Page 4 of 5
2. Submit the following as part of your development permit application
the AER information, including a map of the search area from the viewer and a statement that there are no wells in
the project area or a list and map identifying the location of abandoned wells within the search area (including the
surface coordinates, as provided by the viewer or AER Information Services); and
if an abandoned well is present, a detailed site plan must be provided that accurately illustrates the actual well
location (i.e. latitude, longitude) on the subject parcel as identified in the field and the setback established in the
ERCB/AER Directive 079 (a minimum 5 m radius around the well) in relation to existing or proposed building sites.
If there is an abandoned well located in the area of the proposed surface development, the applicant is advised to
contact the well licensee of record for any additional information that may be needed or to physically locate the well,
and to discuss the proposed development and abandoned well issue in more detail.
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Development Permit. I also consent to an authorized person designated by the municipality
to enter upon the subject land and buildings for the purpose of an inspection during the processing of this application.
APPLICANT
Registered Owner (if not the same as applicant)
DATE
The personal information provided as part of this application is collected under section 39 of the Safety Codes Act and sections 303 and 295 of the
Municipal Government Act and in accordance with section 32(c) of the Freedom of Information and Protection of Privacy Act. The information is required
and will be used for issuing permits, safety codes compliance verification and monitoring and property assessment purposes. If you have any questions
about the collection or use of the personal information provided, please contact the Chief Administrative Officer at the Town of Milk River.
Page 5 of 5
DEVELOPMENT APPLICATION SUBMISSION REQUIREMENTS
The following items shall be attached to all Development Permit Applications. This is not an exhaustive list and the
Development Officer may request additional information that is required to assess the application.
Copy of Site Plan. Site plan shall be prepared on an 11 X 17 or 8.5 X 11 sheet to the satisfaction of the
Development Officer and provide the following information:
Legal description and municipal address of subject property
Scale and north arrow
Adjacent roadways and lanes
Lot dimensions, lot area, and percentage of lot coverage for all buildings
Existing buildings with dimensions of foundation and projections
Proposed buildings with dimensions of foundation and projections
The proposed distance of the building to the front, secondary front, side, and rear property lines
Location of lot access, existing sidewalk(s) and curbs
Number and location of parking spaces, both on and off-street
Surface drainage patterns
Location of any registered utility rights-of-way and easements
Landscaping plan
Lighting plan
Location of utilities and any abandoned oil and gas wells
Copy of Building Plans. Plans shall be to scale, either 11 x 17 or 8.5 x 11 in size and contain the following
information:
Scale and dimensions of exterior walls and interior rooms
Floor plan of the space proposed to be developed
Building elevations including front, sides, and rear elevations, building height (from finished grade),
roofing material, and roof pitch
Copy of map or additional information from the AER regarding location of abandoned wells.
If applicant is not the registered owner, a written statement (or this application) signed by the registered
owner consenting to this application.
Application fee payable to the Town of Milk River.
T O W N O F M I L K R I V E R
N O N - R E S I D E N T I A L D E V E L O P M E N T P E R M I T A P P L I C A T I O N
Page 1 of 3
Town of Milk River
Box 270, Milk River, AB T0K 1M0
H O M E O C C U P A T I O N
D E V E L O P M E N T P E R M I T A P P L I C A T I O N
FOR OFFICE USE ONLY
Date of Application:
Development Permit
Application No.
Date Deemed
Complete
Processing Fee
IMPORTANT NOTICE: This application does not permit you to operate the business until such time as a notice of decision has been issued
by the Development Authority. If a decision has not been received within 40 days of the date the application was deemed complete and
no extension agreement has been entered into, you have the right to deem the application refused and file an appeal to the Subdivision
and Development Appeal Board.
APPLICANT INFORMATION
Name of Applicant:
(please print)
Phone (primary):
Mailing Address:
Phone (alternate):
Fax:
Municipality:
Email:
Postal Code:
Check this box if you would like to
receive documents through email.
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Phone:
Mailing Address:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other ________________________
Municipality:
Postal Code:
IF "NO" please complete box below
Page 2 of 3
PROPERTY INFORMATION
Municipal Address of
Home Occupation:
Legal Description:
Lot(s)
Block
Plan
Land Use District
BUSINESS DESCRIPTION
(1) Describe the primary function of your business. What goods and/or services are provided? Attach an
additional sheet describing the business.
(2) Is there another home occupation already operating out of the residence?
Yes
No
(3) Where will the business operate from?
In-home
Accessory building
(4) How will you interact or do business with your clients or customers?
In person. Clients/customers will come to the residence. On average, how many clients will come to the
residence?
Please specify
Remotely. Clients/customers will not be coming to the residence but will only be in contact by:
Phone
Fax
Mail
Courier
Internet/Email
(5) How many on-site parking spaces for any client visits, deliveries, etc. will be available?
(6) What will the days of operation be?
Mon-Fri
Weekends
7 days/wk
Part-time
(7) What will be the hours of operation?
____________________________________________________
(8) Will there be any employees that are not residents of the dwelling?
Yes
No
If YES:
How many employees will come to the residence?
(9) Will there be any equipment or materials stored outside the dwelling that will be used in conjunction with
the business?
Yes (list materials & quantities)
No
(10) Will any vehicles/machinery/tools be used to operate the business? Please list.
(11) Will there be any flammable or hazardous materials on the premises as a result of the business?
Yes (list materials & quantities)
No
(12) Will any goods be displayed at the residence?
Yes
No
(13) Will there be a sign for the business?
Yes
No
Please specify size, materials, proposed location
Page 3 of 3
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Home Occupation. I also consent to an authorized person designated by the municipality to
enter upon the subject land and buildings for the purpose of an inspection during the processing of this application.
APPLICANT
Registered Owner (if not the same as applicant)
DATE
The personal information provided as part of this application is collected under section 39 of the Safety Codes Act and sections 303 and 295 of the
Municipal Government Act and in accordance with section 32(c) of the Freedom of Information and Protection of Privacy Act. The information is required
and will be used for issuing permits, safety codes compliance verification and monitoring and property assessment purposes. If you have any questions
about the collection or use of the personal information provided, please contact the Chief Administrative Officer at the Town of Milk River.
Page 1 of 2
FOR OFFICE USE ONLY
Date of Application:
Sign Permit
Application No.
Date Deemed
Complete
Processing Fee
IMPORTANT NOTICE: This application does not permit you to install the sign until such time as a notice of decision has been issued by the
Development Authority. If a decision has not been received within 40 days of the date the application was deemed complete and no
extension agreement has been entered into, you have the right to deem the application refused and file an appeal to the Subdivision and
Development Appeal Board.
APPLICANT INFORMATION
Name of Applicant:
(please print)
Phone (primary):
Mailing Address:
Phone (alternate):
Fax:
City:
Email:
Postal Code:
Check this box if you would like to
receive documents through email.
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Phone:
Mailing Address:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other ______________________________
City:
Postal Code:
SIGN INFORMATION
TYPE OF WORK:
New Permanent Sign
Changes to Existing Sign
Temporary Sign
Sign Location (Civic Address):
Are there any other signs at this location?
Yes No
If yes, please state how many: ______________________________
Town of Milk River
Box 270, Milk River, AB T0K 1M0
S I G N D E V E L O P M E N T P E R M I T A P P L I C A T I O N
IF "NO" please complete box below
Page 2 of 2
SIGN TYPE*:
Billboard
Canopy
Fascia
Freestanding
Lawn
Mural
Portable
Other
PROJECTION STYLE:
Mark any or all that apply
Electronic changeable lettering
content
Lettering / logo
Manual changeable lettering
content
ILLUMINATION:
Mark any or all that apply
Direct illumination
Internal illumination
No illumination
Office Use
Length of Sign:
m2
ft2
Height of Sign:
m2
ft2
Sign Face Area (length x height):
m
ft
Top of Sign Height from Grade:
m
ft
If the sign is only for temporary use:
For how many days is the sign proposed to be displayed?
Is the sign a portable sign type Yes, or Other (describe)
_____________ days
___________________________________________
SITE PLAN
**Please attach a plan drawn to a suitable scale and photographs, if available, illustrating:
Location of all existing and proposed sign(s) on the property
Size, height, and other dimensions of the proposed sign(s), including any supporting structures
Details of sign content (wording, lettering, graphics, colour and design scheme, materials, etc.)
Location of the property boundaries of the parcel upon which the proposed sign(s) are to be located
Setbacks from property lines of proposed sign(s) and existing building(s)
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Sign.
APPLICANT
Registered Owner (if not the same as applicant)
DATE
The personal information provided as part of this application is collected under section 39 of the Safety Codes Act and sections 303 and 295 of the
Municipal Government Act and in accordance with section 32(c) of the Freedom of Information and Protection of Privacy Act. The information is required
and will be used for issuing permits, safety codes compliance verification and monitoring and property assessment purposes. If you have any questions
about the collection or use of the personal information provided, please contact the Chief Administrative Officer at the Town of Milk River.
Town of Milk River
Box 270, Milk River, AB T0K 1M0
Page 1 of 3
FOR OFFICE USE ONLY
Date of Application:
Bylaw No.
Date Deemed
Complete
Processing Fee
IMPORTANT NOTE: A refusal is not appealable and a subsequent application for amendment involving the same lot and/or
the same or similar use may not be made for at least 6 months after the date of refusal.
APPLICANT INFORMATION
Name of Applicant:
(please print)
Phone (primary):
Mailing Address:
Phone (alternate):
Fax
Municipality:
Email:
Postal Code:
Check this box if you would like to
receive documents through email.
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Phone:
Mailing Address:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other ________________________
Municipality:
Postal Code:
PROPERTY INFORMATION
Municipal Address:
Legal Description:
Lot(s)
Block
Plan
A P P L I C A T I O N F O R A
L A N D U S E B Y L A W A M E N D M E N T
IF "NO" please complete box below
Page 2 of 3
AMENDMENT INFORMATION
What is the proposed amendment?
Text Amendment
Land Use Redesignation
For text amendments to the Land Use Bylaw, attach a description including:
The section to be amended;
The change(s) to the text; and
Reasons for the change(s).
Current Land Use Designation:
Proposed Land Use Designation
(if applicable):
Map Attached
Section 52 of the Land Use Bylaw regulates the information required to accompany an application for redesignation. Please
attach a descriptive narrative detailing:
the proposed designation and future land use(s);
if and how the proposed redesignation is consistent with applicable statutory plans;
the compatibility of the proposal with surrounding uses and zoning;
the development suitability or potential of the site, including identification of any constraints and/or hazard
areas (e.g. easements, soil conditions, topography, drainage, etc.);
availability of facilities and services (sewage disposal, domestic water, gas, electricity, fire and police
protection, schools, etc.) to serve the subject property while maintaining adequate levels of service to existing
development; and
Any potential impacts on public roads.
In addition to the descriptive narrative, an Area Structure Plan or Conceptual Design Scheme may be required in
conjunction with this application where:
redesignating land to another district;
multiple parcels of land are involved;
more than four lots could be created;
several pieces of fragmented land are adjacent to the proposal;
internal public roads would be required;
municipal services would need to be extended; or
required by Council or the Subdivision and Development Authority.
The Development Officer may also require a:
geotechnical report; and/or
evaluation of surface drainage; and
any other information deemed necessary to evaluate the application.
IF TEXT AMENDMENT:
IF LAND USE REDESIGNATION:
Page 3 of 3
SITE PLAN
Plans and drawings, in sufficient detail to enable adequate consideration of the application, must be submitted in duplicate
with this application, together with a plan sufficient to identify the land. It is desirable that the plans and drawings should
be on a scale appropriate to the development. However, unless otherwise stipulated, it is not necessary for plans and
drawings to be professionally prepared. Council may request additional information.
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application. I also consent to an authorized person designated by the municipality to enter upon the subject
land and buildings for the purpose of an inspection during the processing of this application.
APPLICANT
Registered Owner (if not the same as applicant)
DATE
The personal information provided as part of this application is collected under section 39 of the Safety Codes Act and sections 303 and 295 of the
Municipal Government Act and in accordance with section 32(c) of the Freedom of Information and Protection of Privacy Act. The information is required
and will be used for issuing permits, safety codes compliance verification and monitoring and property assessment purposes. If you have any questions
about the collection or use of the personal information provided, please contact the Chief Administrative Officer at the Town of Milk River.
Page 1 of 4
FOR OFFICE USE ONLY
Date of Application:
Date Deemed
Complete
Land Use District
(zone)
Processing Fee
APPLICANT INFORMATION
Name of Applicant:
(please print)
Phone (primary):
Mailing Address:
Phone (alternate):
Fax:
City:
Email:
Postal Code:
Check this box if you would like to
receive documents through email.
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Phone:
Mailing Address:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other _______________________________
City:
Postal Code:
PROPERTY INFORMATION
Municipal Address:
Legal Description:
Lot(s)
Block
Plan
Land Use District:
What is the existing use?
Town of Milk River
Box 270, Milk River, AB T0K 1M0
T E L E C O M M U N I C A T I O N S I T I N G P R O T O C O L
A P P L I C A T I O N & C H E C K L I S T
IF "NO" please complete box below
Page 2 of 4
DETAILS OF THE PROPOSED DEVELOPMENT
Description of the proposed antenna system's purpose (what will the system be used for), location and type, including
any supporting structures.
Proposed lighting and aeronautical markings and any safety measures to control public areas.
Are there any other antenna towers located within 800 metres (0.5 miles) of the subject proposal? ( If yes, describe what
the other tower is used for, who the operator is, and provide a map identifying the location.)
Documentation regarding potential co-utilization of existing towers within 800 metres (0.5 miles) of the subject proposal.
Is Co-utilization with existing antenna systems proposed? if not, explain why not.
Information on the environmental status of the project, including any requirements under the Canadian Environmental
Assessment Act.
TOWER SIZE
Overall tower height ___________________ m ft
Commencement Date: ___________________
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts. I
also consent to an authorized person designated by the municipality to enter upon the subject land and buildings for the
purpose of an inspection during the processing of this application.
APPLICANT
Registered Owner (if not the same as applicant)
DATE
The personal information provided as part of this application is collected under section 39 of the Safety Codes Act and sections 303 and 295 of the
Municipal Government Act and in accordance with section 32(c) of the Freedom of Information and Protection of Privacy Act. The information is required
and will be used for issuing permits, safety codes compliance verification and monitoring and property assessment purposes. If you have any questions
about the collection or use of the personal information provided, please contact the Chief Administrative Officer at the Town of Milk River.
Page 3 of 4
T O W N O F M I L K R I V E R
T E L E C O M M U N I C A T I O N S I T I N G P R O T O C O L
A P P L I C A T I O N & C H E C K L I S T
TELECOMMUNICATION SITING PROTOCOL CHECKLIST
A COMPLETED APPLICATION REQUIRES:
1. A complete Telecommunication Siting Protocol Application filled out, with the site plan attached
2. A completed checklist
3. Processing fee
4. Signature of ALL landowners (whose land the proposal will be located on)
5. Any additional information requested by the Development Authority
NOTE: For any proposal which includes uses, buildings or structures in addition to the antenna system, the applicant is
required to obtain a development permit approval for such uses, buildings and structures in accordance with the
provisions of the land use bylaw. In such a case, a separate development permit application must be filled out and
submitted to the Town.
CHECKLIST INFORMATION:
Failure to complete the Application or supply the required information, plans or fees may cause delays
in application processing.
The Development Authority may refuse to accept your application if the required information has not
been supplied or if the quality of the information is inadequate to properly evaluate the application.
Once the information has been reviewed, the Town of Milk River will either:
o Issue a municipal concurrence letter to the applicant, or
o Issue a letter which outlines the municipality's concerns and/or conditions to the applicant and
Industry Canada.
Construction permits may be required for buildings/tower foundations, plumbing, private sewage
systems, and gas or electrical installations.
FEES
A. A processing fee of $200.00 plus the following additional fees if required (whichever is applicable):
B. Copying and distribution of required notification letters
$1.50/letter
C. Distribution (only) of required notification letters
$1.00/letter
If the applicant can demonstrate that notification to all required adjacent landowners has been done,
then no B or C fee is required. If a special meeting of the Development Authority is requested,
there may be additional fees in accordance with the bylaw.
For fees not listed here, please see the full Fee Schedule of the bylaw.
Page 4 of 4
T O W N O F M I L K R I V E R
T E L E C O M M U N I C A T I O N S I T I N G P R O T O C O L
A P P L I C A T I O N & C H E C K L I S T
CHECKLIST
Please attach a description of the project summarizing the information required in the following table.
REQUIREMENT
YES OR NO
SUBMITTED?
YES, NO OR N/A
Co-utilization:
Are there any other such structures within a radius of 800
metres (0.5 miles) of the proposed location?
If YES, please provide a site plan showing the locations
of these and provide documentary evidence that
co-utilization of the existing structure(s) is not a viable
alternative to a second structure.
Stealth Structure Options/Screening:
If this structure will be visible from residential areas,
stealth structure options may be required to be used and
a description of the stealth structure options must be
submitted to the satisfaction of the Town.
Lighting and Signage:
Is there additional lighting planned in addition to what is
required by federal agencies? Please provide a description
of all lighting, required or not required.
What signage will be used? Please describe.
(Note: No advertising signage shall be permitted.)
Notification & Public Consultation Process:
All landowners within a distance of 500 m (1,640 ft.) from
the proposed structure must be notified. Please provide a
letter that the Town can circulate on your behalf.
The fee for copying and distributing these letters is
$1.50/letter.
_______ x $1.50/letter = ______ total
The fee for only distributing these letters is $1.00/letter.
_______ x $1.00/letter = ______ total
Plus, an administrative fee of $200.00.
If a special meeting of the Development Authority is
requested, there may be additional fees in accordance
with the Town's fee bylaw.
Page 1 of 2
Town of Milk River
Box 270, Milk River, AB T0K 1M0
D E V E L O P M E N T P E R M I T
Application No.
Permit No.
THIS DOES NOT CONSTITUTE A BUILDING PERMIT.
A SEPARATE BUILDING PERMIT MUST BE OBTAINED BEFORE CONSTRUCTION BEGINS.
This permit, respecting development involving: ______________________________________________________________
_____________________________________________________________________________________________________
(as further described in Application No. _________________ ) is hereby issued to _________________________________
with:
no conditions
the following conditions:
No development authorized by the issue of this permit shall commence:
(a)
until the appeal period has expired, or
(b) if an appeal is made, until the appeal is decided upon.
After the appeal period, if no appeal is made, you are hereby authorized to proceed with the development specified,
provided that any stated conditions are complied with, the development is in accordance with the application and plans as
approved, and that a building permit is obtained if construction is involved, as applicable. If an appeal is made on this
permit to the Subdivision and Development Appeal Board, this permit shall be null and void. Anyone commencing
development before this permit becomes valid does so at his or her own risk.
This permit is issued on ______________________________ , and becomes valid on ______________________________ .
Date the Written Decision was Given: _________________________
Signed: _________________________________
Development Officer - Town of Milk River
SEE IMPORTANT INFORMATION ON REVERSE
Page 2 of 2
TERMS APPLICABLE TO DEVELOPMENT PERMIT
CONDITIONS
OF DECISION
The decision on this application applies only to the use and development described in the
decision. A separate application is required for the extension or amendment of a development
permit, or any other development (e.g. signs) not included in this application.
APPEAL
The Municipal Government Act provides that any person affected by the issue of a development
permit may appeal to the Subdivision and Development Appeal Board by serving written notice to
the secretary of the Subdivision and Development Appeal Board within 21 days after the date the
written decision was given.
PERMIT
EXPIRY
A development permit expires 12 months from the date of its issue if the development or use
authorized by the permit has not been commenced or carried out with reasonable diligence
within 12 months from the date of its issue, in accordance with administrative procedures of the
Land Use Bylaw.
PERMIT
AUTHORITY
A development permit indicates that only the development to which it relates is authorized in
accordance with the provisions of the Land Use Bylaw and in no way relieves or excuses the
applicant from complying with the Land Use Bylaw or any other bylaw of the municipality or any
applicable provincial or federal legislation affecting such development.
OTHER PERMITS
AND LICENCES
A development permit is not a building permit, plumbing permit, electrical permit, a permit to
install underground or above-ground fuel tanks, a permit issued by a Public Health Inspector, or a
business licence. These and other separate permits or licences may be required by municipal,
provincial or federal authorities.
Page 1 of 1
Town of Milk River
Box 270, Milk River, AB T0K 1M0
A G R E E M E N T F O R T I M E E X T E N S I O N
Date of Application:
Development Permit
Application No.
Date Received:
I/We ________________________________________________________________________________________________
being the registered owner or person authorized to act on behalf of the registered owner with respect to:
Application No.: _______________________________________________________________________________________
For: _________________________________________________________________________________________________
Located on (legal description): ____________________________________________________________________________
_____________________________________________________________________________________________________
Do hereby agree to a time extension of: __________________________________________________________ days, until
_____________________________________________________________________________________________________
On the understanding that if a decision has not been made by this time, I may deem the application refused and appeal to
the Subdivision and Development Appeal Board in accordance with the provisions of the Municipal Government Act.
Date: ______________________________
_________________________________________________________
Signature of Registered Owner/Person Acting on behalf of
_________________________________________________________
Signature of Witness
Date: ______________________________
_________________________________________________________
Signature of Designated Officer - Town of Milk River
_________________________________________________________
Signature of Witness
APPENDIX C
TELECOMMUNICATIONS PROTOCOL
T o w n o f C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3 T o w n o f
C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3
Town of Milk River Land Use Bylaw No. 997
APPENDIX C | 1
APPENDIX C
TELECOMMUNICATION, RADIOCOMMUNICATION AND
BROADCAST ANTENNA SYSTEMS AND SUPPORTING STRUCTURES
(ANTENNA SYSTEMS) SITING PROTOCOL
1.
PURPOSE
This Appendix serves as the protocol for the installation and modification of telecommunication,
radiocommunication and broadcasting antenna systems and supporting structures (antenna systems) in
the Town of Milk River. The protocol establishes the procedural standard for public participation and
consultation that applies to proponents of antennas systems and identifies the Town of Milk River's
preferred development and design standards.
2.
APPLICABILITY
The federal Minister of Industry is the approval authority for the development and operation of antenna
systems, pursuant to the Radiocommunication Act. Innovation, Science and Economic Development
Canada recognizes the importance of considering input from local Land Use Authorities and the public
regarding the installation and modification of antenna systems and encourages Land Use Authorities to
establish a local protocol to manage the process of identifying and conveying concerns, questions and
preferences to the proponent of an antenna system and Innovation, Science and Economic
Development Canada.
The local protocol established in this Appendix applies to any proposal to install or modify a
telecommunication, radiocommunication or broadcast antenna system and supporting structures within
the Town of Milk River which is not excluded from the consultation requirements established by
Innovation, Science and Economic Development Canada in Client Procedures Circular CPC-2-03 [or
subsequent/amended publications]. Proponents of excluded antenna systems are nevertheless
encouraged to contact the Town of Milk River to discuss the proposal and identify any potential issues
or concerns and give consideration to the development and design standards in section 5 of this
Appendix.
(a) Antenna Systems Siting Protocol Exclusion List:
i.
Innovation, Science and Economic Development Canada has determined that certain
antenna structures are considered to have minimal impact on the local surroundings and
do not require consultation with the local Land Use Authority or the public. Innovation,
Science and Economic Development Canada's publication, Radiocommunication and
Broadcast Antenna Systems CPC-2-0-03 lists the types of antenna installations exempted
from the requirement to consult with the local Land Use Authority and the public. The
installations listed in CPC-2-03 are excluded from the Town of Milk River Land Use Bylaw,
Appendix C, Telecommunication, Radiocommunication and Broadcast Antenna Systems
and Supporting Structures Siting Protocol (nevertheless proponents of excluded towers
and encouraged to contact the Town of Milk River to discuss the proposal and identify
Town of Milk River Land Use Bylaw No. 997
APPENDIX C | 2
any potential issues and concerns to the development and design standards in section 5
of this Appendix), which currently include:
maintenance of existing radio apparatus including the antenna system,
transmission line, mast, tower or other antenna-supporting structure;
addition or modification of an antenna system (including improving the structural
integrity of its integral mast to facilitate sharing), the transmission line, antenna-
supporting structure or other radio apparatus to existing infrastructure, a
building, water tower, etc. provided the addition or modification does not result
in an overall height increase above the existing structure of 25% of the original
structure's height. This exclusion does not apply to antenna systems using
purpose built antenna supporting structures with a height of less than 15 metres
above ground level operated by telecommunications carriers, broadcasting
undertakings or third party tower owners;
antennas on buildings, water towers, lamp posts, etc., provided that the height
above ground level of the non-tower structure, exclusive of appurtenances, is not
increased by more than 25%;
installation, for a limited duration (typically not more than 3 months), of an
antenna system that is used for a special event, or one that is used to support
local, provincial, territorial or national emergency operations during the
emergency, as is removed within 3 months after the emergency or special event;
and
new antenna systems, including masts, towers or other antenna-supporting
structure, with a height of less than 15 metres above ground level (this exclusion
does not apply to antenna systems proposed by telecommunications carriers,
broadcasting undertakings or third party tower owners).
Proponents, who are not certain if their proposed structure is excluded, or whether
consultation may still be prudent, are advised to contact the Town of Milk River or
Innovation, Science and Economic Development Canada for guidance.
3.
MUNICIPAL REVIEW AND ISSUANCE OF CONCURRENCE OR NON-CONCURRENCE
(a) The Town of Milk River's Municipal Planning Commission (MPC) shall be responsible for
reviewing and issuing municipal concurrence or non-concurrence for all antenna system
proposals within the Town of Milk River which are not excluded under section 2 of this
Appendix.
(b) Concurrence with a proposal will be measured against the requirements of the applicable land
use district within which the antenna system is proposed, the development and design
standards in section 5 of this Appendix, applicable policies of the Town of Milk River Municipal
Development Plan, and consideration of comment received during the public consultation
process (section 7 of this Appendix) and any other matter deemed relevant by the MPC:
i.
when a proposal is given a concurrence decision, the proponent will receive a letter of
concurrence from the MPC documenting its decision and any conditions;
ii.
when a proposal is given a non-concurrence decision, the proponent will receive a letter
of non-concurrence from the MPC describing the reasons for the decision.
T o w n o f C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3 T o w n o f
C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3
Town of Milk River Land Use Bylaw No. 997
APPENDIX C | 3
(c) Municipal concurrence does not constitute approval of uses, buildings and structures which
require issuance of a development permit under the Land Use Bylaw. A proposal which
includes uses, buildings or structures in addition to the antenna system, is required to obtain
development permit approval for such uses, buildings and structures in accordance with the
provisions of the Town of Milk River Land Use Bylaw.
4.
MUNICIPAL REVIEW PROCESSING PERIOD
(a) Except as provided in subsection (b), the Municipal Planning Commission will issue a decision
of either concurrence or non-concurrence within 90 days of receiving a complete application
package.
(b) The 90 day processing time period may be extended by the proponent or the Town of Milk
River, through mutual consent.
5.
DEVELOPMENT AND DESIGN STANDARDS
Co-utilization of existing antenna systems is the preferred option within the Town of Milk River.
However, if co-utilization is not possible, the Town of Milk River requests that the following
development and design standards be adhered to:
(a) Public Roadway Setbacks
i.
An antenna system (including any support structures) proposed within town should be
placed no closer than 7.62 m (25 ft) from the property line abutting the public road. A
lesser setback may be considered at the discretion of the MPC on a site-specific basis.
(b) Lighting and Signage
i.
Proponents for antenna structures which are visible from residential areas may be
requested to employ innovative design measures to mitigate the visual impact of these
structures. The proponent shall provide stealth structure options when requested by the
Municipality. Stealth structure options will be based on an evaluation of the massing,
form, colour, material, and other decorative elements, that will blend the appearance of
the facility into and with the surrounding lands.
ii.
The placement of signage on antenna systems is not permitted, except where required by
applicable federal agencies.
(c) Lot Size and Aesthetic Impact
i.
Consideration will be given to the lot size and aesthetic impact to the community as part
of the siting of an antenna system (including any support structures).
6.
APPLICATION SUBMITTAL REQUIREMENTS
(a) Proponents are encouraged to contact the Town of Milk River in advance of making their
submission to obtain information about the Town's Antenna Systems Siting Protocol and
identify any preliminary issues or concerns.
(b) The following application package shall be submitted to the Town of Milk River for
consideration of a proposed antenna system:
Town of Milk River Land Use Bylaw No. 997
APPENDIX C | 4
i.
a completed Telecommunication Antenna Siting Protocol application, including site plan;
ii.
the prescribed fee, as set in the Town of Milk River schedule of fees;
iii.
a description of the proposed antenna system's purpose, location, type and height of the
proposed antenna system and any supporting structures;
iv.
the proposed lighting and aeronautical identification markings for the antenna and any
supporting structures and safety measures to control public access;
v.
documentation regarding potential co-utilization of existing towers within 800 metres
(0.5 miles) of the subject proposal, an attestation of why existing infrastructure cannot be
uses and future sharing possibilities for the proposed tower;
vi.
information on the environmental status of the project, including any requirements under
the Canadian Environmental Assessment Act.
vi.
any other additional information or material the Development Officer determines to be
necessary and appropriate to properly evaluate the proposed submission.
(c) Proposals for freestanding telecommunication antennas shall not be required to obtain a
development permit unless buildings or structures are also proposed in addition to the
antenna system and supporting structures. For such proposals, the following shall be
submitted in addition to the requirements of 6(b):
i.
a completed development permit application;
ii.
the prescribed fee, as set in the Town of Milk River Schedule of development Fees.
7.
NOTIFICATION AND PUBLIC CONSULTATION PROCESS
(a) Upon receipt of an application package, the Development Officer shall review the application
for completeness and, if deemed complete, will:
i.
schedule a date for a public development hearing to be held by the Municipal Planning
Commission, at which the proposal will be reviewed and comment received regarding the
proposal;
ii.
notify the proponent and/or representative of the antenna system of the development
hearing date;
iii.
notify by mail persons likely to be affected by the proposal of the development hearing
date, including:
a.
landowners within 500 m (1,640 ft) of the proposed antenna system;
b.
any review agencies deemed affected, as determined by the Development Officer or
Municipal Planning Commission;
c.
any other persons deemed affected, as determined by the Development Officer or
Municipal Planning Commission.
d.
The notifications must be sent 14 days prior to the public meeting date.
(b) The proponent or a representative of the antenna system(s) proposal should attend the
development hearing and be prepared to explain all aspects of the proposal including the
siting, technology, and appearance of the proposed antenna system.
APPENDIX D
SUBDIVISION AND DEVELOPMENT AUTHORITY /
MUNICIPAL PLANNING COMMISSION BYLAW
BY-LAW NO.
803
A
BY-LAW
OF
THE
TOWN
OF
MILK
RIVER
IN
THE
PROVINCE
OF
ALBERTA
TO
ESTABLISH A MUNICIPAL SUBDIVISION AND DEVELOPMENT AUTHORITY;
WHEREAS,
pursuant to Section 623 of
the Municipal Government Act,
Chapter
M-26.1,
1994
as
amended,
a
Council
must
by
by-law
provide
for
a
subdivision
authority to exercise subdivision
powers and duties on behalf
of the municipality;
AND
WHEREAS,
pursuant
to Section
624
of
the Municipal
Government
Act a
Council
must
by
by-law
provide for
a
development
authority
to exercise
development powers and duties on behalf of the municipality;
NOW
THEREFORE,
the Council
of the Town
of Milk River,
in the Province of
Alberta, duly assembled,
enacts as follows:
1.
ThAT this By-Law shall be cited the
Town of Milk River Subdivision
and Development Authority By-Law.
2.
DEFINITIONS:
(a)
Act means the Municipal Government Act,
Chapter M-26.l,
1994
as amended from time to time.
(b)
Municipality means the
Town of Milk River in the Province of
Alberta.
(c)
Council means the Municipal Council of the Town of Milk River.
(d)
Subdivision and Development Authority means the person or
persons appointed,
by By-Law to exercise only such powers and
perform duties as are specified:
(i)
in the Act;
or
(ii)
in the Town of Milk River Land Use By-Law;
or
(iii)
in this By-Law; or
.
(iv)
by resolution of Council
.r
(e)
Designated Officer means a person or persons authorized to act
'
I
as the designated officer for the municipality as established
::'
by By-Law.
U!
(f)
Members means the members of the Subdivision and Development
Authority.
(g)
Secretary means the person or persons appointed by Council to
act as secretary of the Subdivision and Development Authority.
(h)
Authorized persons means a person or organization authorized by
the council to act as secretary of the Subdivision and
Development Authority.
(i)
All other terms used in this by-law shall have the meaning as
is assigned to them in the Municipal Government Act, as amended
from time to time.
3.
For the purpose of this by-law,
the Subdivision and Development
Authority for the municipality shall be the Municipal Planning
Commission,
except in such,instances whereby the designated officer
may be the Development Authority in accordance with the land use
by-law.
4.
The Subdivision and Development Authority shall be composed of five
persons comprised of
two elected officials and three adult
residents of the
Town of Milk River.
5.
Appointments to the Subdivision and Development Authority shall be
made by resolution of Council.
6.
Appointments to the Subdivision and Development Authority shall be
made for a term of one year.
BY-LAW
NO.
803
PAGE
3
subdivision powers,
duties or functions to the Subdivision and
Development
Authority and
or Planner
and or
Development Officer
for the Town of Milk River;
(a)
the providing of advice to applicants for subdivision approval;
(b)
the processing of applications for subdivision
(0)
the collecting of all pertinent subdivision approval fees;
(d)
the requirements for notification of applicants, pertinent
agencies,
government departments and adjacent land owners;
(e)
the preparation of draft resolutions for consideration by
the Subdivision Authority;
(f)
the appearance at meetings of the Subdivision Authority as
requested to do so from time to time;
(g)
the compilation and documentation of all pertinent comments of
those persons and local authorities to which the notice of
application was given;
(h)
the conduction of a site inspection
(where feasible to do so)
at the location of the proposed application for subdivision
approval;
(i)
the finalization and required endorsement of plans of survey
or other instruments for registration purposes of Land Titles
Office;
(j)
the conveyance of notification of final subdivision approval to
the registered owner and/9r the authorized agent;
(k)
the maintenance of a control registry and corresponding
archival information relating to the application for
subdivision approval on behalf of the municipality;
(1)
the providing of all pertinent information for consideration at
a hearing of the appropriate subdivision appeal board;
(m)
the appearance,
for the purpose of providing pertinent
information, at a hearing of a subdivision appeal board;
(n)
the performance of any other duties or functions as requested,
by resolution of council.
THAT By-Law No.
698 hereby be repealed upon final reading of this By-Law.
THAT this By-Law shall come into full force and effect upon the third and
final reading thereof.
READ a first,
second and by unanimous consent of the Councillors present,
a third and final time this 14th day of November A.D.,
1995.
MAYOR>JL.CE4ERON McKAY
yA.& -LAflNIA HENDERSON
APPENDIX E
SUBDIVISION AND DEVELOPMENT APPEAL BOARD BYLAW
BY-LAW NO. 884
A BY-LAW OF TUE TOWN OF MILK RWER IN TIlE PROVINCE OF
ALBERTA FOR THE PURPOSE OF ESTABLISHING AN INTERMUNICIPAL
SUBDiVISION AND DEVELOPMENT APPEAL BOARD PURSUANT TO THE
MUNICIPAL GOVERNMENT ACT.
WHEREAS, pursuant to the Municipal Government Act, R.S.A. 2000 Chapter M-26, as
amended, a municipality must adopt a by-law to establish a Municipal Subdivision and
Development Appeal Board;
AND WHEREAS, the Subdivision and Development Appeal Board is authorized to
render decisions on appeals resulting from decisions of the Subdivision Authority or the
Development Authority in accordance with the provincial land use policies, the
subdivision and developmeat regulations, the local land use by-law and statutory plans;
AND WHEREAS, a municipality may enter into an agreement with one or more
mufficipalities to establish an Intermunicipal Subdivision and Development Appeal
Board.
NOW THEREFORE, the Municipal Councils of the Town of Milk River and the
Village ofCoutts and Village ofWamer in the Province ofAlberta do enact as follows:
1.
SHORT TITLE:
This Agreement may be cited as the hitermunicipal Subdivision and Development
Appeal Board Establishment By-Law.
.
2.
PURPOSE:
(1)
The purpose ofthis By-Law is to establish an Intermunicipal SubdivisiOn
and Development Appeal Board, in accordance with the Municipal
Government Act.
(2)
This By-Law comes into force on the Vt day ofjanuary, 2003.
3.
DEFINITIONS:
In this By-Law:
(1)
'Act' means the Municipal Government Act being Chapter M-26 of the
Revised Statutes ofMberta 2000 and amendments thereto.
(2)
'Appellant' means the person or agency who has served written notice of
an
appàal
on
a
secretary of the
latermunicipal
Subdivision
and
Development Appeal Board from a decision, order or development permit
issued by a Subdivision or Development Authority ofone ofthe parties to
the Agreement
(3)
'Board' means the Intesmunicipal Subdivision and Development Appeal
Board established by the parties to the Agreement pursuant to the Act.
(4)
'Council' means the Council ofone ofthe parties to the Agreement.
(5)
'Development Application' means an application made in accordance
with a Land Use By-Law for the purpose of obtaining a Development
Permit.
(6)
'Development Authority' means a person or persons appointed by a
Council to exercise control over the issuance of Development Permits
pursuant to a Land Use By-Law.
BY-LAW NO. 884
PAGE 2
(7)
'Development Permit' means a document authorizing a development
issued pursuant to a Land Use By-Law.
(8)
'Land Use By-Law' means a Land Use By-law adopted by one of the
.
parties to the Agreement pursuant to the Municipal Government Act.
(9)
'Member' means a member of the Board duly appointed pursuant to this
Agreement.
(10)
'Municipality' means the Town ofMillc River, the Village of Coufts and
the Village ofWarner.
(1 1)
'Municipal
Planning
Commission'
means
a
municipal
planning
commission established by Council pursuant to the Act.
(12)
'Secretary' means a person appointed by a Council to act as secretary of
the Board.
(13)
'Subdivision Authority' means the person or persons appointed by a
Council to exercise subdivision powers and duties on behalf of a
municipality.
(14)
'Statutory Plan' means:
1uI
(a)
An Intemiunicipal Development Plan or a Municipal Development
\
61L
Plan
0')
An Area Structure Plan
(c)
An Area Redevelopment Plan
.
4.
ESTABLISHMENT OF BOARD
(1)
The Intennunicipal Subdivision and Development Appeal Board is hereby
established.
. (2)
The Board shall be composed of not more than six persons who are
members ofCouncil. The composition ofthe Board shall be as follows:
Town ofMilk River
2 members
Village ofWamer
2 member
Village of Coutts
2 member
They shall be appointed by resolution ofthe Council for a specified period
not to exceed three years.
(3)
A retiring member of the Board may be reappointed for successive terms
ofoffice by the Council.
(4)
No person who is appointed to a Development Authority, or Subdivision
Authority shall be appointed to the Board.
(5)
Where a member of a Council is appointed as a member of the Board,
their appointment shall terminate upon them ceasing to be a member of the
Council.
(6)
A person who is a member ofthe Board who ceases to be a member ofthe
Council and who is otherwise eligible to be appointed to the Board may be
reappointed as a member ofthe Board, upon their appointment terminating
pursuant to Subsection (5).
BY-LAW NO. 884
PAGE 3
(7)
In the event that a vacancy occurs on the Board, the respective Council
shall fill the vacancy within sixty (60) days.
(8)
The Board shall not be disbanded, nor a member of it discharged without
just cause.
(9)
The members of the Board shall be entitled to such remuneration,
travelling and living expenses as may be fixed from time to time by a
Council and the remuneration, travelling and living expenses shall be paid
by the municipality from which the appeal originated.
5.
OFFICES OF THE BOARD
(1)
Prior to each hearing, the members of the Board shall elect one of the
members to act as Chairman.
(2)
Each municipality by resolution shall appoint a secretary who shall be an
employee of the municipality.
The secretary shall attend meetings and
hearings of the Board concerning the municipality but shall not vote on
any matters before the Board.
(3)
An order, decision, approval, notice or other thing made, given or issued
by the Board shall be signed by the Chairman, or a person authorized to do
so.
6.
QUORUM
(I)
Five members shall constitute a quomm for the m&dng of all decisions
In
V
and performing any actions required or permitted to be done by the Board
provided at all times that members from the municipality in which the
action is being considered shall not constitute a majority.
(2)
Only those members present at the entire meeting of the Board shall have
a vote on any matter before it.
(3)
Only one member from the Municipality in which the action is being
considered may attend.
7.
MEETINGS
(1)
The meetings shall be held in the municipality from which the appeal
originated.
(2)
The Board shall hold its meetings openly and no person shall be excluded
therefrom except for improper conduct.
(3)
The Chairman or presiding officer at any meeting may cause to be
expelled and excluded any person whom creates any disturbances or acts
improperly during the meeting.
(4)
The Chairman shall maintain order and preserve decorum of the meeting,
including determining which Board member or member of the public has
the right to speak and shall rule when a motion or comment is out of order.
(5)
If, for any reason, the Board feels that more information is required prior
to making its decision, the Board may recess the meeting to a specified
date, time and place.
BY-LAW NO. 884
PAGE 4
8.
DECISIONS
+
.
(1)
The Board may make rules as are necessary for the conduct ofits meetings
and its business that are consistent with this By-Law and the Act.
(2)
- The Board may, while carrying out its powers, duties and responsibilities,
accept any oral or written evidence that it considers proper, whether
admissible in a court of law or not, and is not bound by the laws of
evidence applicable to judicial proceedings.
(3)
The Board may deliberate and render a decision on an appeal in a meeting
which may be held in private, and the Board may exclude any person or
persons therefrom.
(4)
A decision of the majority of the members present at a duly constituted
meeting shall be deemed the decision ofthe whole Board.
(5)
All members present shall vote on every matter placed before the Board
unless;
(a)
the member is excused by motion ofthe Board from voting,
or
0')
the member is disqualified from voting by reasons of a
pecuniary or conflict of interest.
(10)
Any motion upon which there is an equality ofvotes, the decision shall be
deemed to be decided in the negative.
i'
ti
(11)
The Board must hold an appeal hearing within thirty (30) days of receipt
ofa notice of appeal.
(12)
The Board shall give its decision upon an appeal in writing together with
reasons within fifteen (15) days ofthe conclusion ofthe hearing.
(13)
The decision ofa duly constituted Board is final and binding on all parties
and persons and is only subject to appeal to the Court of Appeal on a
question oflaw or jurisdiction.
9.
SUBDIVISION APPEALS
(1)
The Decision ofa Subdivision Authority may be appealed by:
(a)
the applicant for the approval,
(b)
a government department which is entitled to a referral pursuant to
the Subdivision and Development Regulation,
(c)
a school authority with respect to the allocation, location, or
amount of school reserve.
(2)
An appeal my be commenced by filing a notice of appeal with a Secretary
of the Board with fourteen (14) days of receipt of the written decision of
the Subdivision Authority (deemed to be five (5) days from the date that
the decision is mailed.)
(3)
The Secretary shall give at least five (5) days notice in writing of the
public heating to:
(a)
the applicant,
0')
the Subdivision Authority that made the decision,
BY-LAW NO. 884
PAGE 5
(C)
an adjacent municipality if the land that is the subject of the
application is adjacent to the boundaries ofanother municipality.
(d)
any school authority to whom the application was referred,
(e)
an adjacent owner who was given notice ofthe application,
(U
every government department that was given a copy of the initial
application.
(4)
The Board is not required to hear from any person other than those to
whom notice was given.
(5)
Tn detennining an appeal the board;
(a)
must have regard for any statutory plan,
Q3)
must conform with the uses ofland referred to in the Land Use By-
Law,
(c)
must be consistent with the provincial land use policies,
(d)
must have regard to but is not bound by the Subdivision and
Development Regulations,
(e)
may confirm, revoke or vary the approval or decision or any
condition imposed by the , subdivision authority or make or
substitute an approval, decision or condition ofits own,
(jZ)
may, in addition to the other powers it has, exercise the same
power as a subdivision authority is permitted to exercise pursuant
to the Act, the Subdivision and Development Regulation or the By-
Law.
10.
DEVELOPMEWE APPEALS
cI//
(1)
An applicant for a Development Permit may appeal to the Board where;
(a)
the Development Authority
pep/V
(i)
refUses or fails to issue a Development Permit, or
(S
I)
(ii)
issues a Development Permit subject to conditions, or
(iii)
issues an Order under the Act.
(b)
no decision on a Development Application is made within forty
.
(40) days of receipt ofthe completed application.
(2)
Any person affected by an order, decision or development permit made or
issued by the Development Authority other than a person having a right of
appeal under Sub-section (1) may appeal to the Board in accordance with
the Act and this By-Law.
(a)
Each municipality by resolution may establish a fee for filing an
appeal under this section.
The Board may direct that the fee be
returned to the appellants.
(3)
An appeal shall be commenced by serving written notice of the appeal
with reasons to a Secretary ofthe Board within fourteen (14) days after:
(a)
in the case of an appeal made by a person referred to in Sub-
section (1) (a), the date on which:
(i)
the applicant is notified of the order, decision or the
issuance of the development permit of the development
permit (deemed tO be five (5) days from the date that the
decision is mailed), or
(ii)
if no decision is made with respect to the application for a
development permit, the forty (40) day period referred to in
Sub-section 1 (b).
BY-LAW NO. 884
'
PAGE 6
(b)
in the case of an appeal referred to in Sub-section (2), the date on
which the notice of the approval of the development permit is
published in a newspaper circulating in the municipality.
(4).
Notwithstanding Sub-section 10 (2), no appeal lies in respect of the
issuance of a development permit for a permitted use unless the provisions
ofthe Land Use By-Law were relaxed, varied or misinterpreted.
(5)
The Secretary shall give at least five (5) days notice in writing of the
public hearing to:
(a)
the applicant,
(I:)
the appellant,
(c)
the Development Authority,
(d)
the Planning Advisor,
(e)
to those owners required to be notified under the land use by-law
and any other persons the Board considers affected.
(6)
Tn determining an Appeal, the Board:
(a)
shall comply with any statutory plan and subject to Sub-section (c),
any Land Use By-Law in effect,
V
Q)
may confirm, revoke or vary the order, decision or development
(I
permit or make or substitute an order, decision ofits own,
(V
(c)
may make an order or decision or issue or confirm the issue of a
Development Permit approval notwithstanding that the proposed
rift!
development does not comply with the Land Use By-Law or land
\
(
'
I
use regulations if, in its opinion:
(i)
the proposal will not:
(A)
unduly
interfere
with
the
amenities
or
the
neighbourhood, or
(B)
materially
interfere
with
or
affect
the
use,
enjoyment or value ofthe neighbouring properties,
(ii)
and the proposed development conforms with the use
prescribed for that land or building in the Land Use By-
Law.
11.
DUTIES OF THE SECRETARY
(1)
A Secretary ofthe Board shall:
(a)
perform such functions as may be necessary to assist the Board to
fulfil its duties under the Act, and this By-Law.
(I,)
shall attend meetings ofthe Board concerning matters which affect
their municipality and keep records with respect thereto:
(i)
the minutes of all meetings and hearings,
(ii)
all applications for appeal,
(iii)
records of all notices of hearings and the persons to whom
they were sent,
(iv)
copies ofall written representation to the Board,
(v)
notes as to each representation,
(vi)
the names and addresses of those making representation to
the Board,
(vii)
the decisions ofthe Board,
(viii)
the reasons for the decision ofthe Board,
(ix)
BY-LAW NO. 884
'
PAGE 7
(x)
the records of all notices of decisions and to whom they
were sent,
(xi)
all notices, decisions and orders made on appeal from the
decisions ofthe Board.
(2)
A Secretary shall also;
(a)
notify all members of the Board of the arrangements for holding
each hearing and other meetings,
0')
file reports of all decisions of the Board with the Council of each
municipality that is a party to the agreement,
(c)
make available for public inspection all relevant documents and
materials respecting appeals and all appeal decisions.
(3)
A Council may establish a fee for copies of materials pertaining to Sub-
section (2) (c).
This By-Law shall come into flail force and effect on the first day ofJanuary, A.D., 2003.
READ a fist and second time this 12 day ofNovember A.D., 2002.
MAYOR - TERRY MICHAELIS
READ a third and final time this
'
day of S.ef4-en L.r20O3.
£
MAYOR TERRY MICHAELIS
APPENDIX F
MUNICIPAL GOVERNMENT ACT EXCERPTS
(Non-conforming buildings and uses and stop orders)
T o w n o f C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3 T o w n o f
C o a l d a l e L a n d U s e B y l a w N o . 6 7 7 - P - 0 4 - 1 3
Town of Milk River Land Use Bylaw No. 997
APPENDIX F | 1
APPENDIX F
MUNICIPAL GOVERNMENT ACT EXCERPTS
(Non-conforming buildings and uses and stop orders)
Non-conforming use and non-conforming buildings
643(1) If a development permit has been issued on or before the day on which a land use bylaw or a
land use amendment bylaw comes into force in a municipality and the bylaw would make the
development in respect of which the permit was issued a non-conforming use or non-conforming
building, the development permit continues in effect in spite of the coming into force of the bylaw.
(2) A non-conforming use of land or a building may be continued but if that use is discontinued for a
period of 6 consecutive months or more, any future use of the land or building must conform with the
land use bylaw then in effect.
(3) A non-conforming use of part of a building may be extended throughout the building but the
building, whether or not it is a non-conforming building, may not be enlarged or added to and no
structural alterations may be made to it or in it.
(4) A non-conforming use of part of a lot may not be extended or transferred in whole or in part to any
other part of the lot and no additional buildings may be constructed on the lot while the
non-conforming use continues.
(5) A non-conforming building may continue to be used but the building may not be enlarged, added to,
rebuilt or structurally altered except
(a) to make it a conforming building,
(b) for routine maintenance of the building, if the development authority considers it necessary,
or
(c) in accordance with a land use bylaw that provides minor variance powers to the development
authority for the purposes of this section.
(6) If a non-conforming building is damaged or destroyed to the extent of more than 75% of the value of
the building above its foundation, the building may not be repaired or rebuilt except in accordance with
the land use bylaw.
(7) The land use or the use of a building is not affected by a change of ownership or tenancy of the land
or building.
Town of Milk River Land Use Bylaw No. 997
APPENDIX F | 2
Stop order
645(1) Despite section 545, if a development authority finds that a development, land use or use of a
building is not in accordance with
(a) this Part or a land use bylaw or regulations under this Part, or
(b) a development permit or subdivision approval,
the development authority may act under subsection (2).
(2) If subsection (1) applies, the development authority may, by written notice, order the owner, the
person in possession of the land or building or the person responsible for the contravention, or any or all
of them, to
(a) stop the development or use of the land or building in whole or in part as directed by the
notice,
(b) demolish, remove or replace the development, or
(c) carry out any other actions required by the notice so that the development or use of the land
or building complies with this Part, the land use bylaw or regulations under this Part, a
development permit or a subdivision approval,
within the time set out in the notice.
(2.1) A notice referred to in subsection (2) must specify the date on which the order was made, must
contain any other information required by the regulations and must be given or sent to the person or
persons referred to in subsection (2) on the same day the decision is made.
(3) A person who receives a notice referred to in subsection (2) may appeal to the subdivision and
development appeal board in accordance with section 685.
Enforcement of stop order
646(1) If a person fails or refuses to comply with an order directed to the person under section 645 or
an order of a subdivision and development appeal board under section 687, the municipality may, in
accordance with section 542, enter on the land or building and take any action necessary to carry out
the order.
(2) A municipality may register a caveat under the Land Titles Act in respect of an order referred to in
subsection (1) against the certificate of title for the land that is the subject of the order.
(3) If a municipality registers a caveat under subsection (2), the municipality must discharge the caveat
when the order has been complied with.