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LAND USE BYLAW NO. 397-17
SEPTEMBER 2017
Consolidated to Bylaw No. 403-18, December 2018
Prepared by
Village of Milo Land Use Bylaw No. _____
ADMINISTRATION | i
Village of Milo Land Use Bylaw No. 397-17
Table of Contents | i
TABLE OF CONTENTS
ADMINISTRATION
GENERAL
Section 1
Title ........................................................................................................... Administration | 1
Section 2
Purpose ..................................................................................................... Administration | 1
Section 3
Effective Date ........................................................................................... Administration | 2
Section 4
Repeal of Former Bylaw ........................................................................... Administration | 2
Section 5
Severability ............................................................................................... Administration | 2
Section 6
Compliance with the Land Use Bylaw ...................................................... Administration | 2
Section 7
Compliance with Other Legislation .......................................................... Administration | 2
Section 8
Rules of Interpretation ............................................................................. Administration | 2
Section 9
Measurements and Standards ................................................................. Administration | 2
Section 10
Forms, Fees and Notices ........................................................................... Administration | 3
Section 11
Appendices ............................................................................................... Administration | 3
APPROVING AUTHORITIES
Section 12
Development Authority ............................................................................ Administration | 3
Section 13
Subdivision Authority ............................................................................... Administration | 4
Section 14
Development Officer - Powers and Duties .............................................. Administration | 4
Section 15
Municipal Planning Commission .............................................................. Administration | 5
Section 16
Council ...................................................................................................... Administration | 5
Section 17
Subdivision and Development Appeal Board (SDAB) ............................... Administration | 6
DEVELOPMENT IN GENERAL
Section 18
Land Use Districts ..................................................................................... Administration | 6
Section 19
Suitability of Sites ..................................................................................... Administration | 6
Section 20
Number of Dwelling Units on a Parcel ..................................................... Administration | 7
Section 21
Non-Conforming Buildings and Uses ........................................................ Administration | 7
Section 22
Development on Non-Conforming Sized Lots .......................................... Administration | 7
Section 23
Non-Conforming Variances ...................................................................... Administration | 7
Section 24
Development Agreements ....................................................................... Administration | 8
Table of Contents | ii
Village of Milo Land Use Bylaw No. 397-17
DEVELOPMENT PERMIT RULES AND PROCEDURES
Section 25
Development Permit - When Required ................................................... Administration | 8
Section 26
Development Not Requiring a Development Permit ............................... Administration | 9
Section 27
Development Permit Application ............................................................. Administration | 9
Section 28
Determination of Complete Development Application .......................... Administration | 10
Section 29
Permitted Use Applications .................................................................... Administration | 10
Section 30
Discretionary Use Applications ............................................................... Administration | 12
Section 31
Similar Use .............................................................................................. Administration | 12
Section 32
Temporary Use ....................................................................................... Administration | 13
Section 33
Applications Requesting Variance of Bylaw Provisions .......................... Administration | 13
Section 34
Limitations on Variance Provisions ......................................................... Administration | 14
Section 35
Notification of Adjacent Landowners and Persons
Likely Affected ........................................................................................ Administration | 14
Section 36
Notice of Decision .................................................................................. Administration | 15
Section 37
Commencement of Development .......................................................... Administration | 15
Section 38
Development Permit Validity ................................................................. Administration | 15
Section 39
Transferability of Development Permit .................................................. Administration | 16
Section 40
Occupancy Permits ................................................................................. Administration | 16
Section 41
Failure to Make a Decision - Deemed Refusal ....................................... Administration | 16
Section 42
Reapplication for a Development Permit ............................................... Administration | 16
Section 43
Suspension or Cancellation of a Permit .................................................. Administration | 16
Section 44
Subdivision Applications ......................................................................... Administration | 17
Section 45
Incomplete Subdivision Applications ...................................................... Administration | 18
Section 46
Applications and Decision ...................................................................... Administration | 19
Section 47
Lot Design ............................................................................................... Administration | 20
ENFORCEMENT
Section 48
Subdivision and Development Appeals .................................................. Administration | 21
Section 49
Notice of Violation .................................................................................. Administration | 21
Section 50
Stop Orders ............................................................................................. Administration | 22
Section 51
Enforcement of Stop Orders ................................................................... Administration | 22
Section 52
Penalties and Right of Entry ................................................................... Administration | 22
Village of Milo Land Use Bylaw No. _____
ADMINISTRATION | iii
Village of Milo Land Use Bylaw No. 397-17
Table of Contents | iii
AMENDMENTS
Section 53
Amendments to the Land Use Bylaw ..................................................... Administration | 23
Section 54
Land Use Redesignation Application Requirements .............................. Administration | 23
Section 55
Redesignation Criteria ............................................................................ Administration | 24
ADMINISTRATION DEFINITIONS
Section 56
Definitions .............................................................................................. Administration | 25
Schedule 1
LAND USE DISTRICTS
Section 1
Division of Municipality ................................................................................... Schedule 1 | 1
Section 2
Intent of Land Use Districts ............................................................................. Schedule 1 | 1
Schedule 2
USE REGULATION
Section 1
Use Categories and Specific Uses .................................................................... Schedule 2 | 1
Section 2
Use Table ......................................................................................................... Schedule 2 | 2
Section 3
Prohibited Uses ............................................................................................... Schedule 2 | 5
Section 3
Land Use Definitions ........................................................................................ Schedule 2 | 5
Schedule 3
DIMENSION STANDARDS AND SETBACKS
Section 1
Dimension Standards and Minimum Setbacks ................................................ Schedule 3 | 1
Section 2
Minimum Lot Size ............................................................................................ Schedule 3 | 1
Section 3
Minimum Setbacks .......................................................................................... Schedule 3 | 3
Section 4
Minimum Floor Area, Site Coverage and Building Height ............................... Schedule 3 | 6
Schedule 4
DEVELOPMENT NOT REQUIRING A PERMIT
Section 1
Development Not Requiring a Permit ............................................................. Schedule 4 | 1
Schedule 5
GENERAL AND USE SPECIFIC STANDARDS OF DEVELOPMENT
Section 1
Statutory Plans ................................................................................................ Schedule 5 | 1
Section 2
Approval of Access .......................................................................................... Schedule 5 | 1
Section 3
Demolition or Removal of Buildings or Structures .......................................... Schedule 5 | 1
Section 4
Design and Orientation of Buildings, Structures and Signs ............................. Schedule 5 | 2
Section 5
Development of Lands Subject to Subsidence, Undermining
or Flooding ....................................................................................................... Schedule 5 | 2
Table of Contents | iv
Village of Milo Land Use Bylaw No. 397-17
Section 6
Grading and Stormwater Management .......................................................... Schedule 5 | 2
Section 7
Off-street Parking and Loading Requirements ................................................ Schedule 5 | 3
Section 8
Off-street Parking Design Standards ............................................................... Schedule 5 | 6
Section 9
Site Lighting ..................................................................................................... Schedule 5 | 7
Section 10
Refuse Collection and Storage ......................................................................... Schedule 5 | 7
Section 11
Servicing .......................................................................................................... Schedule 5 | 7
Section 12
Alternative Energy Sources ............................................................................. Schedule 5 | 7
Section 13
Satellite Dishes and Radio or Television Antenna ......................................... Schedule 5 | 10
Section 14
Shipping Containers ....................................................................................... Schedule 5 | 11
Schedule 6
RESIDENTIAL STANDARDS OF DEVELOPMENT
Section 1
Accessory Buildings and Structures ................................................................. Schedule 6 | 1
Section 2
Easements ....................................................................................................... Schedule 6 | 1
Section 3
Corner Visibility ............................................................................................... Schedule 6 | 1
Section 4
Driveways, Off-street Parking Requirements and Design Standards .............. Schedule 6 | 3
Section 5
Fences .............................................................................................................. Schedule 6 | 3
Section 6
Decks ............................................................................................................... Schedule 6 | 4
Section 7
Retaining Walls, Grading and Drainage ........................................................... Schedule 6 | 5
Section 8
Exterior Building Finishes ................................................................................ Schedule 6 | 5
Section 9
Exposed Foundations ...................................................................................... Schedule 6 | 5
Section 10
Private Swimming Pools .................................................................................. Schedule 6 | 5
Section 11
Home Occupations .......................................................................................... Schedule 6 | 6
Section 12
Secondary Suites / Garden Suites .................................................................... Schedule 6 | 7
Section 13
Manufactured Homes ..................................................................................... Schedule 6 | 8
Section 14
Modular and Ready-to-Move (RTM) Homes ................................................... Schedule 6 | 9
Section 15
Moved-in Buildings and Moved-in Dwellings ................................................ Schedule 6 | 10
Section 16
Manufactured Home Community ................................................................. Schedule 6 | 11
Section 17
Temporary Housing During Residential Construction ................................... Schedule 6 | 13
Section 18
Cannabis Retail Store ..................................................................................... Schedule 6 | 13
Section 19
Cannabis Production Facility ......................................................................... Schedule 6 | 13
Village of Milo Land Use Bylaw No. _____
ADMINISTRATION | v
Village of Milo Land Use Bylaw No. 397-17
Table of Contents | v
Schedule 7
COMMERCIAL / INDUSTRIAL STANDARDS OF DEVELOPMENT
Section 1
Easements ....................................................................................................... Schedule 7 | 1
Section 2
Corner Visibility ............................................................................................... Schedule 7 | 1
Section 3
Landscaping and Screening ............................................................................. Schedule 7 | 1
Section 4
Fencing ............................................................................................................ Schedule 7 | 2
Section 5
Off-street Parking Requirements and Design Standards ................................. Schedule 7 | 2
Section 6
Outdoor Display and Storage .......................................................................... Schedule 7 | 3
Section 7
Mitigation of Impacts from Noise, Odours, Vibration, and Air Quality ........... Schedule 7 | 3
Section 8
Accessory Buildings ......................................................................................... Schedule 7 | 3
Section 9
Moved-in Buildings .......................................................................................... Schedule 7 | 3
Section 10
Surveillance Suites ........................................................................................... Schedule 7 | 4
Section 11
Gas Bars, Service Stations and Bulk Fuel Stations ........................................... Schedule 7 | 4
Schedule 8
SIGN REGULATIONS
Section 1
Signs Permitted by Land Use District ............................................................... Schedule 8 | 1
Section 2
Prohibited Signs ............................................................................................... Schedule 8 | 1
Section 3
General Standards and Regulations for All Signs ............................................. Schedule 8 | 2
Section 4
Signs Not Requiring a Permit ........................................................................... Schedule 8 | 3
Section 5
Sign Permit Application Requirements ............................................................ Schedule 8 | 5
Section 6
Display Styles and Illumination ........................................................................ Schedule 8 | 5
Section 7
Temporary Signs .............................................................................................. Schedule 8 | 6
Section 8
Freestanding Signs ........................................................................................... Schedule 8 | 7
Section 9
Fascia Signs ...................................................................................................... Schedule 8 | 7
Section 10
Projecting Signs ............................................................................................... Schedule 8 | 8
Section 11
Other Signs .................................................................................................... Schedule 8 | 10
Section 12
Sign Definitions ............................................................................................... Schedule 8 | 10
Schedule 9
TELECOMMUNICATION ANTENNA SITING PROTOCOL
Section 1
Municipal Approval ......................................................................................... Schedule 9 | 1
Section 2
Information Requirements ............................................................................... Schedule 9 | 1
Section 3
Notification and Public Consultation Process .................................................. Schedule 9 | 2
Appendix A
FEES
Table of Contents | vi
Village of Milo Land Use Bylaw No. 397-17
Appendix B
FORMS AND NOTICES
Residential Development Permit Application
Residential Secondary Suite Development Permit Application
Non-Residential Development Permit Application
Sign Development Permit Application
Home Occupation Development Permit Application
Development Permit
Demolition Form
Application for a Statutory Plan Amendment
Agreement for Time Extension
Telecommunication Siting Protocol Application & Checklist
Voluntary Waiver of Claims
Appendix C
SUBDIVISION AND DEVELOPMENT AUTHORITY / MUNICIPAL PLANNING COMMISSION
BYLAW NO. 383-13
Village of Milo Land Use Bylaw No. 397-17
Administration | 1
IN THE PROVINCE OF ALBERTA
LAND USE BYLAW NO. 397-17
BYLAW NO. 397-17 OF THE VILLAGE OF MILO IS FOR THE PURPOSE OF ADOPTING THE VILLAGE OF MILO LAND USE
BYLAW IN ACCORDANCE WITH SECTION 692 OF THE MUNICIPAL GOVERNMENT ACT, REVISED STATUTES OF ALBERTA
2000, CHAPTER M-26, AS AMENDED (MGA).
AND WHEREAS the existing Land Use Bylaw No. 322 has been in effect since the year 1998;
AND WHEREAS Council wishes to update the Land Use Bylaw to reflect changes that have occurred and more
effectively implement land use controls, address new development guidelines for certain types of uses, and foster
orderly growth and development in the Village;
NOW THEREFORE, the Council of the Village of Milo, duly assembled, hereby enacts the following:
ADMINISTRATION
GENERAL
SECTION 1
TITLE
1.1
This bylaw may be cited as the "Village of Milo Land Use Bylaw."
SECTION 2
PURPOSE
2.1
The purpose of this bylaw is to, amongst other things:
(a)
divide the municipality into districts;
(b) prescribe and regulate the use(s) for each district;
(c)
establish a method for making decisions on applications for development permits and issuing
development permits for a development;
(d) provide the manner in which notice of the issuance of a development permit is to be given;
and
(e)
implement the Village of Milo Municipal Development Plan and other statutory plans of the
municipality, as may be developed.
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Village of Milo Land Use Bylaw No. 397-17
SECTION 3
EFFECTIVE DATE
3.1
This bylaw shall come into effect upon third and final reading thereof.
SECTION 4
REPEAL OF FORMER BYLAW
4.1
Village of Milo Land Use Bylaw No. 322 and amendments thereto are hereby repealed.
SECTION 5
SEVERABILITY
5.1
If any provision of this bylaw is held to be invalid by a decision of a court of competent jurisdiction,
that decision will not affect the validity of the remaining portions.
SECTION 6
COMPLIANCE WITH THE LAND USE BYLAW
6.1
No development, other than those designated in Schedule 4 of this bylaw (Development Not
Requiring a Development Permit), shall be undertaken within the Village unless a development
application has been approved and a development permit has been issued.
6.2
Notwithstanding subsection 6.1, while a development permit may not be required pursuant to
Schedule 4, development shall comply with all regulations of this bylaw.
SECTION 7
COMPLIANCE WITH OTHER LEGISLATION
7.1
Compliance with the requirements of this bylaw does not exempt any person undertaking a
development from complying with all applicable municipal, provincial or federal legislation, and
respecting any easements, covenants, agreements or other contracts affecting the land or the
development.
SECTION 8
RULES OF INTERPRETATION
8.1
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. 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.
8.2
The written regulations of this bylaw take precedence over any graphic or diagram if there is a
perceived conflict.
8.3
The Land Use Districts Map takes precedence over any graphic or diagram in the district regulations
if there is a perceived conflict.
8.4
All references to engineering requirements shall be prepared by an engineer registered with The
Association of Professional Engineers, Geologists, and Geophysicists of Alberta (APEGGA).
SECTION 9
MEASURMENTS AND STANDARDS
9.1
All units of measure contained within this bylaw are metric (SI) standards. Imperial measurements
and conversions are provided for information only.
Village of Milo Land Use Bylaw No. 397-17
Administration | 3
SECTION 10
FORMS, FEES AND NOTICES
10.1
For the purposes of administering the provisions of this bylaw, Council may authorize by separate
resolution or bylaw as may be applicable, 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 of the purpose for which they
are designed, authorized and issued. A copy of the fees are included in Appendix A.
10.2
Application forms and notices are included in Appendix B.
10.3
Refund of application fees requires approval of the Village Council.
10.4
In any case, where the required fee is not listed in the fee schedule, such fee shall be determined
by the Development Officer or Municipal Planning Commission and shall be consistent with those
fees listed in the schedule for similar developments.
10.5
If development is commenced without a valid development permit an additional fee, in the
amount prescribed under the fee schedule, shall be payable upon application for the development
permit.
SECTION 11
APPENDICES
11.1
Appendix A, B and C attached hereto are for information purposes only and may be amended from
time to time as they do not form part of the Village of Milo Land Use Bylaw.
APPROVING AUTHORITIES
SECTION 12
DEVELOPMENT AUTHORITY
12.1
The Development Authority is established in accordance with Village of Milo Bylaw No. 383-13.
12.2
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 (MGA).
12.3
The Development Officer is an authorized person in accordance with section 624 of the MGA.
12.4
The Development Authority shall perform such powers and duties as are specified:
(a)
in the Village of Milo Municipal Subdivision and Development Bylaw;
(b) in this bylaw;
(c)
in the MGA;
(d) where applicable, by resolution of Council.
Administration | 4
Village of Milo Land Use Bylaw No. 397-17
SECTION 13
SUBDIVISION AUTHORITY
13.1
The Subdivision Authority is authorized to make decisions on applications for subdivision pursuant
to the Subdivision Authority Bylaw, and shall perform such powers and duties as are specified:
(a)
in the Village of Milo Municipal Planning Commission Bylaw;
(b) in this bylaw;
(c)
in the Municipal Government Act;
(d) where applicable, by resolution of Council.
13.2
The Subdivision Authority may delegate, through any of the methods described in subsection 13.1,
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.
SECTION 14
DEVELOPMENT OFFICER - POWERS AND DUTIES
14.1
The office of the Development Officer is hereby established and such office shall be filled by one
or more persons as appointed by resolution of Council.
14.2
The Development Officer:
(a)
shall receive and process all applications for development permits and determine whether a
development permit application is complete in accordance with Section 28 (Determination
of Complete Development Application);
(b) shall maintain for the inspection of the public during office hours, a copy of this bylaw and all
amendments thereto and ensure that copies of the same are available for public purchase;
(c)
shall also establish and maintain a register in which shall be recorded the application made
for a development permit and the decision made on the application, and contain any such
other information as the Municipal Planning Commission considers necessary;
(d) shall consider and decide on applications for a development permit for:
(i)
permitted uses that comply with this land use bylaw;
(ii)
permitted uses that request one variance of a measurable standard not to exceed 10
percent;
(iii)
permitted uses on existing registered lots where the Municipal Planning Commission
granted a variance(s) to the minimum lot width, length and/or area requirements as
part of a subdivision approval;
(iv)
landscaping;
(v)
fences, walls or other types of enclosures; and
(vi)
demolition;
Village of Milo Land Use Bylaw No. 397-17
Administration | 5
(e)
shall refer to the Municipal Planning Commission all development permit applications for
which decision making authority has not been assigned to the Development Officer;
(f)
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;
(g)
shall notify adjacent landowners and any persons who are likely to be affected by a proposed
development in accordance with Section 35 of this bylaw;
(h) shall receive, review, and refer any applications to amend this bylaw to Council;
(i)
shall issue the written notice of decision and/or development permit on all development
permit applications and any other notices, decisions or orders in accordance with this bylaw;
(j)
may receive and consider and decide on requests for time extensions for Development
Permits which the Development Officer has approved and shall refer to the Municipal
Planning Commission those requests which the Municipal Planning Commission has
approved;
(k)
shall provide a regular report to the Municipal Planning Commission summarizing the
applications made for a development permit and the decision made on the applications, and
any other information as the Municipal Planning Commission considers necessary; and
(l)
shall perform any other powers and duties as are specified in this bylaw, the Municipal
Planning Commission Bylaw, the MGA or by resolution of Council.
SECTION 15
MUNICIPAL PLANNING COMMISSION
15.1
The Municipal Planning Commission may exercise only such powers and duties as are specified in
the MGA, the Municipal Planning Commission Bylaw, this bylaw, or by resolution of Council.
15.2
The Municipal Planning Commission shall be responsible for:
(a)
considering and deciding upon development permit applications referred to it by the
Development Officer;
(b) providing recommendations on planning and development matters referred to it by the
Development Officer or Council;
(c)
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 approval;
(e)
processing condominium certificates; and
(f)
any other powers and duties as are specified in this bylaw, the Municipal Planning
Commission Bylaw, the MGA or by resolution of Council.
SECTION 16
COUNCIL
16.1
Council shall be responsible for considering and deciding upon requests for time extensions on
subdivision approvals in accordance with section 657 of the MGA.
Administration | 6
Village of Milo Land Use Bylaw No. 397-17
SECTION 17
SUBDIVISION AND DEVELOPMENT APPEAL BOARD (SDAB)
17.1
The Subdivision and Development Appeal Board (SDAB) is established by separate bylaw pursuant
to the MGA, and may exercise such powers and duties as are specified in this bylaw, the MGA and
the Subdivision and Development Appeal Board Bylaw.
DEVELOPMENT IN GENERAL
SECTION 18
LAND USE DISTRICTS
18.1
The Village of Milo is divided into those land use districts shown in Schedule 1 on the Land Use
Districts Map.
18.2
The one or more uses of land or buildings that are:
(a)
permitted uses in each district; or
(b) discretionary uses in each district;
are described in Schedule 2 - Use Table 2.2.1.
18.3
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 31 (Similar Use).
18.4
A land use 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.
SECTION 19
SUITABILITY OF SITES
19.1
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 Development Authority, as
applicable, may refuse to approve a subdivision or issue a development permit if the Development
Authority is made aware of or if in their opinion, the site of the proposed building or use is not safe
or suitable based on the following:
(a)
does not have safe legal and physical access to a maintained road in accordance with the land
use bylaw, other municipal requirements or those of Alberta Transportation if within 300.0
m (984 ft.) of a provincial highway or 800.0 m (2,625 ft.) from the centre point of an
intersection of a controlled highway and a public road;
(b) has a high water table or soil conditions which make the site unsuitable for foundations
and/or sewage disposal systems in accordance with the provincial regulations;
(c)
is situated on an unstable slope;
(d) consists of unconsolidated material unsuitable for building;
(e)
does not comply with the requirements of the Regional Plan, Subdivision and Development
Regulation or any other applicable Statutory Plans;
(f)
is situated over an active or abandoned coal mine or oil or gas well or pipeline;
(g)
is unsafe due to contamination by previous land uses;
Village of Milo Land Use Bylaw No. 397-17
Administration | 7
(h) does not meet the minimum setback requirements from a sour gas well or bulk ammonia
storage facility;
(i)
does not have adequate water and sewer provisions or surface drainage;
(j)
does not meet the lot size and/or setback requirements or any other applicable standards or
requirements of the Village of Milo Land Use Bylaw;
(k)
would prevent or interfere with the natural and economical extension of a nearby developed
area, a coal mine, an oil or gas field, a sewage treatment plant, a waste disposal or transfer
site, a gravel pit, a pipeline or a road system;
(l)
is subject to any easement, caveat, restrictive covenant or other registered encumbrance
which makes it impossible to build on the site;
(m) the proposed building or use is deemed to be incompatible with the adjacent existing
development.
19.2
Nothing in this section shall prevent the Development Officer or Municipal Planning Commission,
as applicable, from issuing a development permit if the Development Officer or Municipal Planning
Commission 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.
SECTION 20
NUMBER OF DWELLING UNITS ON A PARCEL
20.1
No more than one dwelling unit shall be constructed or located or caused to be constructed or
located on a parcel except as provided for in the land use district for which the application is made
(e.g. accessory dwelling, duplex dwellings, multi-unit dwellings, manufactured home park,
secondary suite, as permitted in the applicable land use district).
SECTION 21
NON-CONFORMING BUILDINGS AND USES
21.1
A non-conforming building or use may only be continued in accordance with the conditions
detailed in section 643 of the MGA.
SECTION 22
DEVELOPMENT ON NON-CONFORMING SIZED LOTS
22.1
Development on an existing registered non-conforming sized lot that does not meet the minimum
requirements for lot length, width or area specified in the applicable land use district in Schedule
2 may be permitted at the discretion of the Municipal Planning Commission.
22.2
The Development Officer is authorized to permit development on existing registered non-
conforming sized lots for permitted uses where the Municipal Planning Commission issued a
variance(s) to the minimum requirements for lot length, width and/or area as part of a subdivision
approval.
SECTION 23
NON-CONFORMING VARIANCES
23.1
The Municipal Planning Commission is authorized to exercise minor variance powers with respect
to non-conforming buildings pursuant to section 643(5)(c) of the MGA.
Administration | 8
Village of Milo Land Use Bylaw No. 397-17
SECTION 24
DEVELOPMENT AGREEMENTS
24.1
The Development Authority 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 MGA, 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 with existing or proposed pedestrian walkway systems that
serve adjacent development;
(c)
to install or pay for the installation of public utilities, other than telecommunication systems
or works, that are necessary to serve 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;
(f)
to give security to ensure that the terms of the agreement under this section are carried out.
24.2
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)(b) of the MGA.
24.3
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 MGA.
24.4
A 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.
24.5
If a municipality registers a caveat under this section, the municipality must discharge the caveat
when the agreement has been complied with.
24.6
As a condition of subdivision approval, all development agreements may be registered
concurrently by caveat onto individual lots being created.
DEVELOPMENT PERMIT RULES AND PROCEDURES
SECTION 25
DEVELOPMENT PERMIT - WHEN REQUIRED
25.1
Except as otherwise provided for in Schedule 4 (Development Not Requiring a Development
Permit), all development shall be required to obtain a development permit.
25.2
In addition to meeting the requirements of this bylaw, it is the responsibility of the applicant to
ascertain, obtain and comply with all other approvals and licenses that may be required by other
federal, provincial or municipal regulatory departments or agencies.
Village of Milo Land Use Bylaw No. 397-17
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SECTION 26
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
26.1
This subsection does not negate the requirement of obtaining all required permits, as applicable,
under the Safety Codes Act and any other Provincial or Federal statute.
26.2
This subsection does not negate the requirement of obtaining a business license where required.
26.3
Developments not requiring a development permit are listed in Schedule 4.
26.4
Signs not requiring a municipal permit are listed in Schedule 8, Section 4.
26.5
If there is a question as to whether a development permit is required for a particular use, the
matter shall be referred to the Municipal Planning Commission for a determination.
SECTION 27
DEVELOPMENT PERMIT APPLICATION
27.1
An application for a development permit shall be made to the Development Officer by submitting:
(a)
a completed development permit application, signed by the registered owner or authorized
by the owner pursuant to subsection 26.2;
(b) the prescribed fee, in accordance wit the Village's 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 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 wells, septic tanks, disposal
fields, culverts and crossings;
(iv)
any additional information as may be stipulated in the standards of development;
(v)
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, drainage plans, servicing
and infrastructure plans, soil analysis, geotechnical reports and/or other reports
regarding site suitability; Real Property Report; or a surveyors sketch.
27.2
An application for a development permit must be made by the registered owner of the land on
which the development is proposed. An application may be made by a person who is not the
registered owner of the land only with written consent of the owner. The Development Officer
may request a current title documenting ownership and copies of any registered encumbrance,
lien or interest registered on title.
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Village of Milo Land Use Bylaw No. 397-17
SECTION 28
DETERMINATION OF COMPLETE DEVELOPMENT APPLICATION
28.1
The Development Officer shall, within 20 days after receipt of an application for a development
permit submitted under Section 27, determine whether the application is complete.
28.2
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.
28.3
The time period referred to in subsection 28.1 may be extended by an agreement in writing
between the applicant and the Development Officer.
28.4
If the Development Officer does not make a determination referred to in subsection 28.1 within
the time required under subsection 28.1 or 28.3, the application is deemed to be complete.
28.5
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.
28.6
If the Development Officer determines that the application is incomplete, the Development Officer
shall issue to the applicant a written notice indicating that the application is incomplete and
specifying the outstanding documents and information to be provided, including but not limited
to those required by Section 27. A submittal deadline for the outstanding documents and
information shall be set out in the notice or a later date agreed on between the applicant and the
Development Officer in order for the application to be considered complete.
28.7
If the Development Officer determines that the documents and information submitted under
subsection 28.6 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.
28.8
If the required documents and information under subsection 28.6 have not been submitted to the
Development Officer within the timeframe prescribed in the notice issued under subsection 28.6,
the Development Officer shall return the application 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.
28.9
Despite issuance of a Notice of Completeness under subsection 28.5 or 28.7, the Development
Officer or Municipal Planning Commission, as applicable, 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.
SECTION 29
PERMITTED USE APPLICATIONS
29.1
Upon receipt of a complete application for a development permit for a permitted use that
conforms with this bylaw, the Development Officer:
(a)
shall approve a development permit with or without conditions; or
(b) may refer the application to the Municipal Planning Commission for a decision.
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29.2
Upon receipt of a completed application for a permitted use that requests a limited variance not
to exceed 10 percent of one measurable standard of this bylaw, the Development Officer:
(a)
may grant the limited variance not to exceed 10 percent of one measurable standard of this
bylaw and approve the development permit with or without conditions if in the opinion of
the Development Officer, the variance would not unduly interfere with the amenities of the
neighbourhood or materially interfere with or affect the use, enjoyment or value of
neighbouring parcels of land; or
(b) may refer the development application involving a request for a limited variance not to
exceed 10 percent of one measurable standard of this bylaw to the Municipal Planning
Commission for a decision;
(c)
is not required to notify adjacent landowners or persons likely to be affected prior to issuance
of a decision on a development permit granting a limited variance under this section.
29.3
Upon receipt of a completed application for a permitted use that requests more than one limited
variance, a variance(s) exceeding 10 percent of any measurable standard of this bylaw, or a
variance of any other bylaw provision the Development Officer shall refer the application to the
Municipal Planning Commission for a decision pursuant to Section 33 (Applications Requesting
Variance of Bylaw Provisions).
29.4
The Development Officer or the Municipal Planning Commission may place any of the following
conditions on a development permit for a permitted use:
(a)
requirement for applicant to enter into a development agreement pursuant to Section 24
(Development Agreements);
(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, soil
characteristics, flooding, subsidence, mass wasting and erosion;
(d) alteration of a structure or building size or location to ensure any setback requirements of
this land use bylaw or the Subdivision and Development Regulation can be met;
(e)
any measures to ensure compliance with the requirements of this land use bylaw or any other
statutory plan adopted by the Village of Milo;
(f)
easements and/or encroachment agreements;
(g)
provision of public utilities, other than telecommunications systems or works, and vehicular
and pedestrian access;
(h) repairs or reinstatement of original condition of any street furniture, curbing, sidewalk,
boulevard landscaping and tree planting which may be damaged or destroyed or otherwise
altered by development or building operations upon the site, to the satisfaction of the
Development Officer or the Municipal Planning Commission;
(i)
to give security to ensure the terms of the permit approval under this section are carried out;
(j)
time periods stipulating completion of development;
(k)
requirement for a lot and/or construction stakeout conducted by an approved surveyor or
agent;
(l)
any measures to ensure compliance with applicable federal, provincial and/or other
municipal legislation and approvals.
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Village of Milo Land Use Bylaw No. 397-17
SECTION 30
DISCRETIONARY USE APPLICATIONS
30.1
Upon receipt of a completed application for a development permit for a discretionary use or a
permitted use that requests more than one variance, a variance(s) exceeding 10 percent of any
measurable standard of this bylaw, or a variance of any other bylaw provision, the Development
Officer shall:
(a)
refer the application to the Municipal Planning Commission for a decision pursuant to Section
33 (Applications Requesting Variance of Bylaw Provisions);
(b) notify adjacent landowners and other persons likely to be affected in accordance with Section
33 (Notification of Adjacent Landowners and Persons Likely Affected).
30.2
After consideration of any response to the notifications of adjacent landowners and other persons
likely to be affected, including Vulcan County, government departments and referral agencies as
applicable, compatibility and suitability of the proposed use, and any other matters, the Municipal
Planning Commission may:
(a)
approve a development permit with or without conditions; or
(b) refuse to approve the development permit, stating reasons.
30.3
The Municipal Planning Commission may place any of the conditions stipulated in subsection 29.4
(Permitted Use Applications) 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.
SECTION 31
SIMILAR USE
31.1
Upon receipt of a completed 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 other uses of
land and structures in the land use district in which such use is proposed, the Development Officer
may classify the use as either similar to a permitted use or similar to a discretionary use.
31.2
Where a use has been classified similar to a permitted use, the Development Officer may process
the application accordingly as a permitted use or refer the application to the Municipal Planning
Commission for a decision. The notice of the decision shall be subject to Section 36.
31.3
Where a use has been classified similar to a permitted use and requests more than one limited
variance, a variance(s) exceeding 10 percent of any measurable standard of this bylaw, or a
variance of any other bylaw provision, the Development Officer shall:
(a)
refer the application to the Municipal Planning Commission for a decision; and
(b) notify adjacent landowners and other persons likely to be affected in accordance with Section
35 (Notification of Adjacent Landowners and Persons Likely Affected).
31.4
Where a use has been classified similar to a discretionary use the Development Officer shall:
(a)
refer the application to the Municipal Planning Commission for a decision; and
(b) notify adjacent landowners and other persons likely to be affected in accordance with Section
35 (Notification of Adjacent Landowners and Persons Likely Affected).
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31.5
Upon referral of an application by the Development Officer for a use that may be similar in
character and purpose to a permitted or discretionary use, the Municipal Planning Commission:
(a)
shall rule whether or not the proposed use is similar to a use in the land use district in which
it is proposed;
(b) if the proposed use is deemed similar to a use in the land use district in which it is proposed,
the application shall be reviewed as a discretionary use application;
(c)
if the proposed use is not deemed similar to a use in the land use district in which it is
proposed, the development permit shall be refused.
SECTION 32
TEMPORARY USE
32.1
Where in the opinion of the Development Authority, a proposed use is of a temporary nature, it
may approve a temporary development permit valid for a period of up to one year for a use,
provided the use is listed as a permitted use, discretionary use or deemed similar to a permitted
or discretionary use in the applicable land use district.
32.2
Temporary use applications shall be subject to the following conditions:
(a)
the applicant or developer is liable for any costs involved in the cessation or removal of any
development at the expiration of the permitted period;
(b) the Municipal Planning Commission may require the applicant to submit an irrevocable letter
of credit, performance bond or other acceptable form of security guaranteeing the cessation
or removal of the temporary use; and
(c)
any other conditions as deemed necessary.
32.3
A use deemed temporary in nature shall be processed in accordance with the corresponding
Sections 29 to 31 of this bylaw. Notification of adjacent landowners and other persons likely to be
affected, including Vulcan County, government departments and referral agencies shall be in
accordance with Section 35 of this bylaw.
SECTION 33
APPLICATIONS REQUESTING VARIANCE OF BYLAW PROVISIONS
33.1
Upon receipt of an application for a development permit that does not comply with this bylaw but
in respect of which the Municipal Planning Commission is requested to exercise discretion under
subsection 33.3, the Development Officer shall:
(a)
refer the application to the Municipal Planning Commission for a decision; and
(b) notify adjacent landowners and other persons likely to be affected, including Vulcan County,
government departments and any other referral agency in accordance with Section 35.
33.2
The Development Officer is authorized to exercise discretion for a permitted use where a limited
variance to one applicable measurable standard not to exceed 10 percent is requested, in
accordance with subsection 29.2.
33.3
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, the proposed development would not:
(a)
unduly interfere with the amenities of the neighbourhood; or
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Village of Milo Land Use Bylaw No. 397-17
(b) materially interfere with or affect the use, enjoyment or value of neighbouring properties;
(c)
and the proposed development conforms with the use prescribed for that land or building
within Schedule 2 - Use Regulation.
SECTION 34
LIMITATIONS ON VARIANCE PROVISIONS
34.1
In approving an application for a development permit, the Development Officer or Municipal
Planning Commission shall adhere to the general purpose and intent of the appropriate land use
district and to the following:
(a)
a variance shall be considered only in cases of unnecessary hardship or practical difficulties
particular to the use, character, or situation of land or building which are not generally
common to other land in the same land use district;
(b) where a variance is considered that will reduce the setback from any road as defined in the
Municipal Government Act, the Development Authority shall consider all future road
construction needs of the municipality as well as the transportation requirements of the
parcel(s) or lot(s) affected.
SECTION 35
NOTIFICATION OF ADJACENT LANDOWNERS AND PERSONS LIKELY AFFECTED
35.1
Where notification of adjacent landowners and other persons likely to be affected is required
under Sections 30 to 33, the Development Officer shall:
(a)
mail (postal service or electronic) written notice of the application at least 10 days before the
meeting of the Municipal Planning Commission to:
(i)
adjacent landowners and other persons likely to be affected by the issuance of a
development permit;
(ii)
Vulcan County if, in the opinion of the Development Officer or the Municipal Planning
Commission, 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 deliver written notice of the application at least 5 days before the meeting of the
Municipal Planning Commission to the persons and agencies specified in subsection 35.1(a);
or
(c)
publish a notice of the application in a newspaper circulating in the municipality or the Village
newsletter at least 10 days before the meeting of the Municipal Planning Commission; or
(d) post a notice of the application in a conspicuous place on the property at least 5 days before
the meeting of the Municipal Planning Commission; or
any combination of the above.
35.2
In all cases, notification shall:
(a)
describe the nature and location of the proposed use or development;
(b) state the place and time where the Municipal Planning Commission will meet to consider the
application, and state how and when written or oral submissions on the application will be
received and considered;
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(c)
specify the location at which the application can be inspected.
SECTION 36
NOTICE OF DECISION
36.1
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 36.2; and
(b) a copy of the decision posted in a prominent place in the Village office for at 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.
36.2
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 decision was made, to the applicant on the same
day the decision is made.
36.3
For the purpose of subsection 36.2, the "date on which the decision was made" means:
(a)
the date the Development Officer signed the notice of decision or development permit; or
(b
the date the decision is posted in the newspaper, whichever occurs later.
SECTION 37
COMMENCEMENT OF DEVELOPMENT
37.1
Despite the issuance of a development permit, no development is authorized to commence within
21 days after the date on which the decision was made.
37.2
If an appeal is made, no development is authorized pending the outcome of the appeal.
37.3
Any development occurring prior to the dates determined under subsections 37.1 and 37.2 is at
the risk of the applicant.
SECTION 38
DEVELOPMENT PERMIT VALIDITY
38.1
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 the
Municipal Planning Commission within 12 months from the date of issuance of the permit,
otherwise the permit is no longer valid.
38.2
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 38.3, except for a permit for
a temporary use which shall not be extended.
38.3
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;
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Village of Milo Land Use Bylaw No. 397-17
(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.
38.4
When any use has been discontinued for a period of 12 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 MGA.
SECTION 39
TRANSFERABILITY OF DEVELOPMENT PERMIT
39.1
A valid development permit is transferable where the use remains unchanged and the
development is affected only by a change of ownership, tenancy, or occupancy. This provision
does not apply to a home occupation permit, which is non-transferable.
SECTION 40
OCCUPANCY PERMITS
40.1
The Development Officer or the Municipal Planning Commission may require that the holder of a
development permit obtain an occupancy permit before a building or use that was the subject of
a development permit is occupied and/or the approved use initiated.
SECTION 41
FAILURE TO MAKE A DECISION - DEEMED REFUSAL
41.1
In accordance with section 684 of the MGA, 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 completed application unless the applicant has entered into an agreement with the
Development Officer or the Municipal Planning Commission to extend the 40-day decision period.
SECTION 42
REAPPLICATION FOR A DEVELOPMENT PERMIT
42.1
If an application for a development permit is refused by the Development Officer, the Municipal
Planning Commission or, on appeal the Subdivision and Development Appeal Board, the
submission of another application for a development permit on the same parcel of land for the
same or for a similar use of the land may not be accepted by the Development Officer for at least
six months after the date of refusal.
42.2
If an application was refused solely because it did not comply with the standards of this bylaw, the
Development Officer may accept another application on the same parcel of land for the same or
similar use before the time period referred to in subsection 42.1 has lapsed, provided the
application has been modified to comply with this bylaw.
SECTION 43
SUSPENSION OR CANCELLATION OF A PERMIT
43.1
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;
(c)
the development permit was issued in error; or
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(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.
43.2
Upon receipt of the written notification of suspension or cancellation, the applicant must cease all
development and activities to which the development permit relates.
43.3
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.
43.4
If a development permit is suspended or cancelled, the Subdivision and Development Appeal
Board shall review the application if an appeal is filed by the applicant and either:
(a)
reinstate the development permit; or
(b) cancel the development permit if the Development Officer or the Municipal Planning
Commission would not have issued the development permit if the facts subsequently
disclosed had been known during the consideration of the application; or
(c)
reinstate the development permit and may impose such other conditions as are considered
necessary to ensure that this bylaw or any statutory plan is complied with.
SUBDIVISION RULES AND PROCEDURES
SECTION 44
SUBDIVISION APPLICATIONS
44.1
An applicant applying for subdivision shall provide the required material and information as
requested by the Subdivision Authority or its designate. A completed application shall consist of:
(a) an official application, in the manner and form prescribed, clearly and legibly completed with
all the required information and signatures provided as requested on the form; and
(b) the applicable fees paid; and
(c)
an up-to-date and current copy of the Certificate of Title to the subject land; and
(d) a surveyors sketch or tentative subdivision plan professionally prepared with dimensions,
structures, easements; and
(e)
provincial abandoned gas well information; and
(f)
for vacant parcels, a soils analysis which indicates the ability of the proposed parcel to be
municipally or privately serviced; and
(g)
any such other information as may be required at the discretion of the Subdivision Authority
in order to accurately evaluate the application and determine compliance with the land use
bylaw or other government regulations. This may include but is not limited to the provision
of geotechnical information, soil analysis reports, water reports, soil or slope stability
analysis, drainage information, contours and elevations of the land, engineering studies or
reports, wetland reports, environmental impact assessments, utility and servicing
information, and/or the preparation of a conceptual design scheme or an area structure plan
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Village of Milo Land Use Bylaw No. 397-17
may be required from the applicant prior to a decision being rendered on a subdivision
application to determine the suitability of the land for the proposed use; and
(h) the consent to authorize the Subdivision Authority or its designate to carry out a site
inspection on the subject land as authorized in accordance with the Municipal Government
Act (MGA) must also be provided on the submitted application form unless determined not
to be needed by the Subdivision Authority.
44.2
In accordance with the Municipal Government Act, the Subdivision Authority or those authorized
to act on its behalf, 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 deficient what information is required to be submitted by 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;
(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 or required information items are that must be submitted by the time specified
in the notice.
44.3
Notwithstanding subsection 44.2, the applicant and Subdivision Authority 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 decision time period to determine whether the subdivision application and support
information submitted is complete.
44.4
A determination made by the Subdivision Authority that an application is complete for processing
does not preclude the ability for the Subdivision Authority to request other information or studies
to be submitted by the applicant during the review and processing period, prior to a decision being
rendered, or as condition of subdivision approval.
SECTION 45
INCOMPLETE SUBDIVISION APPLICATIONS
45.1
The Subdivision Authority may refuse to accept and process a subdivision application where the
information required under Section 44 and/or as described in a Notification of Incompleteness has
not been submitted, is determined to be deficient, is still incomplete, or in the opinion of the
Subdivision Authority the quality of the material supplied is inadequate to properly evaluate the
application.
45.2
If the Subdivision Authority makes a determination that the application is refused due to
incompleteness, the applicant shall be notified in writing with reasons in the manner as described
in subsection 44.2.
45.3
The notification provided for in subsection 44.2(b) shall include for the applicant the required
information on the filing of an appeal and to which appeal board body the appeal lies, either the
local appeal board or provincial Municipal Government Board, in accordance with the parameters
of the MGA.
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SECTION 46
APPLICATIONS AND DECISION
46.1
All applications for subdivision approval shall be evaluated by the Village in accordance with the
following criteria:
(a)
compliance with statutory plans, bylaws, and regulations;
(b) adequacy of road access;
(c)
provision of municipal services and utilities, including a storm water drainage plan;
(d) compatibility with adjacent land uses;
(e)
accessibility to emergency services;
(f)
site suitability in terms of minimum dimensional standards for lots and all other criterion in
this bylaw as specified in the applicable land use district in Schedule 2.
(g)
any other matters the Village may consider necessary.
46.2
For the purpose of infill development, an application which proposes to subdivide an accessory
structure onto a separate lot may be considered by the Subdivision Authority where:
(a)
the proposed lots meet the provisions of Schedule 3 (Dimension Standards and Setbacks);
(b) the existing and proposed buildings meet the provisions of Schedule 3 (Dimension Standards
and Setbacks) based on the lot proposed layout;
(c)
the access of each lot is provided from a public roadway not a lane or laneway;
(d) all lots are serviceable to the satisfaction of the municipality.
46.3
At the time of subdivision and as a condition of approval, 10 percent of the lands to be subdivided
shall be dedicated as municipal and/or school reserve in accordance with the provisions of the
MGA. The Village may take municipal and/or school reserve in one or a combination of the
following methods:
(a)
land;
(b) land similar in quality to the land being proposed to be subdivided;
(c)
money in lieu; or
(d) deferral to the balance of the subject property.
46.4
Money-in-lieu of municipal reserve shall be placed in a special reserve fund, administered by the
Village, to be used for recreation area and facility construction and improvement.
46.5
The Village will coordinate the location of new schools and the allocation of school reserves in the
Municipality with the local school divisions.
46.6
In residential areas, the Village may allocate municipal and/or school reserve for the purpose of
developing parks, playgrounds, trail systems, recreation facilities, schools and similar uses.
46.7
In commercial or industrial areas, the Village may allocate municipal reserve for the purpose of
providing a buffer between incompatible land uses or to augment the parks and trails system.
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Village of Milo Land Use Bylaw No. 397-17
46.8
In addition to Municipal Reserve, land that is deemed to be protected may be left. in its natural
state and allocated as environmental reserve or environmental reserve easement in accordance
with the provisions of the MGA.
SECTION 47
LOT DESIGN
47.1
Through lots or double frontage lots, shall be avoided except where essential to separate
residential development from traffic arteries or to overcome specific disadvantages of topography
and orientation. In such cases, access will be allowed only on the lower classification street.
47.2
Flag lots are prohibited in the residential land use districts. Flag lots or parcels may be permitted
in lots exceeding half an acre under the following conditions:
(a)
the flag lot directly accesses a local street;
(b) the aggregate width of the pole, or poles for two adjacent flag lots, is a minimum of 12.1 m
(40 ft.) in width with minimum pole width 6.1 m (20 ft.).
47.3
All rectangular lots and, so far as practical all other lots, shall have side lot lines at right angles to
straight street lines or radial side lot lines to curved street lines. Unusual or odd shaped lots having
boundary lines that intersect at extreme angles shall be avoided.
47.4
The lot line common to the street right of way line shall be the front line. All lots shall face the
front line and a similar lot across the street. Wherever feasible, lots shall be arranged so that the
rear line does not abut the side line of an adjacent lot.
47.5
No lot or parcel shall be created which does not meet the minimum standards of the applicable
land use district, except pursuant to an area structure plan which provides for the perpetual
maintenance of such remnants.
47.6
The length and width of blocks shall be sufficient to accommodate two tiers of lots with minimum
standards specified by the applicable zoning district and this chapter, except where a single row of
lots back up to an arterial street. When reviewing proposed lot and block arrangements, the
subdivision authority shall consider the following factors:
(a)
Adequate Building Sites Required: Provisions of adequate building sites suitable to the
special needs of the type of land use (residential, commercial or other) proposed for
development shall be provided, taking into consideration topographical and drainage
features;
(b) Minimum Lot Sizes Established: Minimum Land use district and lot requirements defining lot
sizes and dimensions shall be accommodated without creating unusable lot remnants;
(c)
Safe Access Required: Block layout shall enable development to meet all Village engineering
requirements for convenient access, circulation, control and safety of street traffic.
47.7
At the time of subdivision, all corner lots and interior laneway corner lots shall dedicate clear vision
triangles as right-of-way.
Village of Milo Land Use Bylaw No. 397-17
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Figure 47.1
ENFORCEMENT
SECTION 48
SUBDIVISION AND DEVELOPMENT APPEALS
48.1
Any person applying for a development permit or any other person affected by an order, decision
or development permit made or issued by the Development Officer or the Municipal Planning
Commission may appeal such an order or decision to the Subdivision and Development Appeal
Board in accordance with the procedures described in the MGA.
48.2
Only the applicant may appeal a subdivision decision rendered by the Municipal Planning
Commission and any condition attached to the decision, to the Subdivision and Development
Appeal Board in accordance with the procedures described in the MGA.
48.3
An appeal to the Subdivision and Development Appeal Board shall be commenced by serving a
written notice of the appeal with reasons to the Subdivision and Development Appeal Board and
shall be accompanied by the applicable fees.
SECTION 49
NOTICE OF VIOLATION
49.1
Where the Development Officer or Municipal Planning Commission finds that a development
or use of land or buildings is not in accordance with the MGA, the Subdivision and
Development Regulation, a development permit or subdivision approval, or this bylaw, the
Development Officer 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.
49.2
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.
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Village of Milo Land Use Bylaw No. 397-17
SECTION 50
STOP ORDERS
50.1
As set forth in the MGA, the Development Authority is authorized to issue an Order under section
645 of the MGA if a development, land use or use of a building is not in accordance with the MGA,
the Subdivision and Development Regulation, a development permit or subdivision approval, or
this bylaw.
50.2
A person who receives notice pursuant to subsection 50.1 may appeal the order to the Subdivision
and Development Appeal Board in accordance with the MGA.
SECTION 51
ENFORCEMENT OF STOP ORDERS
51.1
Pursuant to section 646 of the MGA, 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 designated officer may, in accordance with section 542, enter on the land or
building and take any action necessary to carry out the order.
51.2
The Village may register a caveat under the Land Titles Act in respect of an order referred to in
subsection 51.1 against the certificate of title for the land that is the subject of an order.
51.3
If a caveat is registered under subsection 51.2, the Village must discharge the caveat when the
order has been complied with.
51.4
If compliance with a stop order is not voluntarily effected, the Village 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 MGA. In accordance with section 553 of the MGA, the expenses
and costs of carrying out an order under section 646 of the MGA may be added to the tax roll of
the parcel of land.
SECTION 52
PENALTIES AND RIGHT OF ENTRY
52.1
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 MGA 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.
52.2
In accordance with section 542 of the MGA, a designated officer may, after giving reasonable
notice to and obtaining consent from the owner or occupier of land upon which this bylaw or MGA
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.
52.3
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 MGA, the municipality under the
authority of section 543 of the MGA may obtain a court order.
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AMENDMENTS
SECTION 53
AMENDMENTS TO THE LAND USE BYLAW
53.1
Any person or the Village may initiate amendments to the Village of Milo Land Use Bylaw by
submitting an application to the Development Officer.
53.2
All applications for amendment shall be submitted using the applicable form in Appendix A, and
be accompanied by any additional information, as deemed necessary by the Development Officer
to process the application.
53.3
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.
53.4
Council or the Development Officer may refer the application to the Municipal Planning
Commission for their recommendation.
53.5
The Development Officer shall forward an application to Council for consideration when satisfied
that sufficient information has been provided with the application.
53.6
Public hearing and notification requirements shall be in accordance with section 692 of the MGA.
53.7
Where an application for an amendment to the Village of Milo Land Use Bylaw has been refused
by Council, another application that is the same or similar in nature shall not be accepted until at
least 12 months after the date of refusal.
53.8
Where an application has been significantly changed, Village Council may accept an application
prior to the end of the 12-month period specified in subsection 53.7.
SECTION 54
LAND USE REDESIGNATION APPLICATION REQUIREMENTS
54.1
A request for redesignation from one land use district to another shall be accompanied by:
(a)
a completed application form and the applicable fee;
(b) a copy of the Certificate of Title for the lands, dated not more than 60 days prior to the date
on which the application was made;
(c)
a narrative describing the:
(i)
proposed designation and future uses(s);
(ii)
consistency with the 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, floodplain,
steep slopes, 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;
(vi)
any potential impacts on public roads; and
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Village of Milo Land Use Bylaw No. 397-17
(vii) any other information deemed necessary by the Development Officer or Council to
properly evaluate the proposal.
(d) conceptual lot design, if applicable;
(e)
a geotechnical report addressing the following but not limited to:
(i)
slope stability,
(ii)
groundwater,
(iii)
sewage,
(iv)
water table, and
(v)
flood plain analysis,
if deemed necessary by the Development Officer, or Council;
(f)
an evaluation of surface drainage which may include adjacent properties if deemed necessary
by the Development Officer, or Council; and
(g)
any other information deemed necessary by the Development Officer, or Council to properly
evaluate the application.
54.2
An Area Structure Plan or Conceptual Design Scheme shall be required in conjunction with a
redesignation application when:
(a)
redesignating land from Urban Reserve - UR to another district;
(b) redesignating annexed land to a district other than Urban Reserve - UR, except where an
approved Area Structure Plan or Conceptual Design Scheme defines land use designation(s)
for the proposed development area, or unless determined otherwise by Council.
54.3
An Area Structure Plan or Conceptual Design Scheme may be required in conjunction with a
redesignation application involving:
(a)
industrial development;
(b) large-scale commercial development;
(c)
manufactured home park;
(d) multi-lot residential development resulting in the creation of more than five lots or which has
the potential to trigger capacity upgrades or expansion of infrastructure; or
(e)
as required by Council.
SECTION 55
REDESIGNATION CRITERIA
55.1
When redesignating land from one land use district to another, Council considerations shall include
the following:
(a)
compliance with applicable standards and provisions of the Village of Milo Land Use Bylaw;
(b) consistency with the Municipal Development Plan and any other adopted statutory plans;
(c)
compatibility with adjacent uses;
(d) development potential/suitability of the site;
(e)
availability of facilities and services (sewage disposal, domestic water, gas, electricity, police
and fire protection, schools, etc.) to serve the subject property and any potential impacts to
levels of service to existing and future developments;
Village of Milo Land Use Bylaw No. 397-17
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(f)
cumulative impact to the Village;
(g)
potential impacts on public roads;
(h) setback distances contained in the Subdivision and Development Regulation;
(i)
supply of suitably designated land;
(j)
public comment and any applicable review agency comments; and
(k)
any other matters deemed pertinent.
ADMINISTRATION DEFINITIONS
SECTION 56
ADMINISTRATION DEFINITIONS
The following definitions shall apply to the entire bylaw.
A
ADDITION means construction that increases the footprint of an existing building or structure on the parcel of land.
Typically there will be a common connection from the existing building to the addition that includes a foundation of
some type beneath the addition.
ADJACENT LAND OR ADJACENT 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.
ALTER or ALTERATION means any structural change to a building that results in an increase or decrease in the area
or the volume of the building; any change in the area frontage, depth, or width of a lot that affects the required yard,
landscaped open space, or parking requirements of this bylaw; structural change to a sign; and to discontinue or
change the principal use of the site or building with a use defined as being distinct from the discontinued use.
AMENITY AREA means an area(s) within the boundaries of a development intended for recreational purposes. These
may include landscaped areas, patios, balconies, swimming pools, beaches, and other similar items that are intended
for public use.
APPROVED USE means a use of land and/or building for which a development permit has been issued by the
Development Authority or the Subdivision and Development Appeal Board.
AREA REDEVELOPMENT PLAN means a statutory plan, prepared in accordance with Sections 634 and 635 of the
MGA for the purpose of all or any of the following:
(a)
preserving or improving land and buildings in the area;
(b) rehabilitating buildings in the area;
(c)
removing buildings from the area;
(d) constructing or replacing buildings in the area;
(e)
establishing, improving or relocating public roadways, public utilities or other services in the area;
(f)
any other development in the area.
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Village of Milo Land Use Bylaw No. 397-17
AREA STRUCTURE PLAN means a statutory plan prepared for the purpose of providing a framework for subsequent
subdivision and development of an area of land (MGA, section 633) and that may be adopted by a Council by bylaw.
B
BALCONY means a platform, attached to and projecting from the face of a principal building with or without a
supporting structure above the first storey, normally surrounded by a baluster railing and used as an outdoor porch
or sundeck with access only from within the building.
BASEMENT means the portion of a building or structure, which is partially or wholly below grade and having its floor
below grade by a distance greater than one-half the distance from floor to ceiling.
BERM means a barrier, typically constructed of mounded earth, used to separate incompatible areas, uses, or
functions, or to protect a site or development from noise.
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, districts,
etc.
BUILDING has the meaning defined in the MGA 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 ENVELOPE means the space created on a lot or parcel within which a building may be constructed once
the setback requirements for a specific zoning district have been considered.
BUILDING GRADE (as applied to the determination of building height) means the average level of finished ground
adjoining the main front wall of a building (not including an attached garage), except that localized depressions such
as for vehicle or pedestrian entrances need not be considered in the determination of average levels of finished
ground.
BUILDING HEIGHT means the vertical distance between grade and the highest point of a building excluding a roof
stairway entrance, elevator housing, a ventilating fan, a skylight, a steeple, a chimney, a smoke stack, a fire wall or a
parapet wall and a flagpole or similar device not structurally essential to the building.
BUILDING INSPECTOR means the person or persons hired to be the chief building inspector or building inspectors in
and for the Village of Milo.
BUILDING PERMIT means a certificate or document issued by the Safety Codes Officer pursuant to provincial
legislation authorizing commencement of construction.
BUILDING SETBACK means the shortest distance between the exterior foundation wall of the building and the
nearest lot line. Depending on the zoning district, the minimum setback will vary.
BUILDING WIDTH, MINIMUM means the minimum horizontal distance of the building's living space measured
parallel to the shortest exterior wall of the building and perpendicular to the longest exterior wall of the building
and excludes porches, decks, patios, balconies, carports, garages, unheated storage space, porte-cochere and other
similar architectural features.
BYLAW means the Land Use Bylaw of the Village of Milo.
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C
CERTIFICATE OF COMPLIANCE means a document signed by the Development Authority, certifying that a
development complies with this Bylaw with respect to yard requirements and insofar as represented on an Alberta
Land Surveyors' Real Property Report.
CHANGE OF USE means the conversion of land or building, or portion thereof from one land use activity to another
in accordance with the Permitted or Discretionary Uses as listed in each land use district.
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 purpose, such wall being owned by one party but jointly used by two parties, one or both of whom
is entitled to such use by prior arrangement.
CONCEPTUAL DESIGN SCHEME means a detailed site layout plan for a parcel of land which typically addresses the
same requirements of an Area Structure Plan but which is not adopted by bylaw which:
(a)
shows the location of any existing or proposed buildings; and
(b) describes the potential effect and/or relationship of the proposed development on the surrounding area
and the municipality as a whole; and
(c)
provides for access roads, water, sewer, power and other services to the satisfaction of the Subdivision
Authority or Council.
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.
CONDOMINIUM PLAN means a plan of survey registered at a Land Titles Office prepared in accordance with the
provisions of the Condominium Property Act, Revised Statutes of Alberta 2000, Chapter C-22, as amended.
CORNER VISIBILITY OR CLEAR VISION TRIANGLES means a triangular area on a corner lot that is comprised of two
sides which are measured from the intersection corner for a distance specified in this bylaw. The third side of the
triangle is a line joining the ends of the other two sides. Where the lot lines at intersections have rounded corners,
the lot lines will be extended in a straight line to a point of intersection.
COUNCIL means Council of the Village of Milo.
D
DEMOLITION means the pulling down, tearing down or razing of a building or structure.
DEVELOPER means a person or an owner of land in accordance with the Statutes of the Province of Alberta who
wishes to alter the title to the property and change the use of the property from its existing use.
DEVELOPMENT in accordance with the MGA means:
(a)
an excavation or stockpile and the creation of either of them;
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Village of Milo Land Use Bylaw No. 397-17
(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 completed between the municipality and an applicant
for a development permit or subdivision approval which specifies the roadways, walkways, public utilities, and other
services to be provided by the applicant as a condition of a development permit or subdivision approval, in
accordance with the MGA.
DEVELOPMENT AUTHORITY means the body established by Bylaw to act as the Development Authority in
accordance with Sections 623(b) or (c) and 624 of the MGA.
DEVELOPMENT OFFICER means a person(s) authorized by Council to act as a development authority pursuant to
section 624 of the MGA and in accordance with the Municipal Planning Commission 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 the use of land or building(s) provided for in the land use bylaw for which a development
permit may be issued, following receipt by the Development Officer of a competed application with appropriate
details and fees.
DISTRICT - see LAND USE DISTRICT
E
EASEMENT means a right held by one part in land owned by another.
EAVE means the overhang or extension of a roof line beyond the vertical wall of a building.
EXCAVATION means the process of altering the natural elevation of the ground by grading, cutting, stripping, filling
or breaking of ground, but does not include common household gardening and ground care, excavation made for
the building of basements, structures, landscaping, or parking for which a development permit has been issued, or
extensive agriculture. Gravel pit, mineral extraction and any other similar extractive use are not classified as
excavation and are a separate use.
F
FLOOD ELEVATION, 1:100 YEAR means the water level reached during a 1:100 year flood as determined in
accordance with the technical criteria established by Alberta Environment.
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FLOOD RISK AREA means the area of land bordering a water course or water body that would be inundated by 1:100
year flood (i.e. a flood that has a 1 percent chance of occurring every year) as determined by Alberta Environment
in consultation with the Village and may include both flood fringe and floodway.
FLOOR AREA means the sum of the gross horizontal area of the several floors and passageways of a building, but
not including cellars, attached garages and open porches. All dimensions shall be outside dimensions. Basement
floor areas shall be included only where the building contains a basement suite.
FLOOR AREA RATIO means the net floor area divided by the gross lot area.
FOUNDATION means the supporting base structure of a building.
G
GEOTECHNICAL REPORT means a comprehensive site analysis and report prepared by a qualified and registered
professional with The Association of Professional Engineers, Geologists, and Geophysicists of Alberta (APEGGA).
GRADE, LANDSCAPED (as applied to the determination of height of balconies, decks and architectural features and
landscape structures) means the average level of finished landscaped ground under the four principal corners of the
balcony, deck, architectural feature or landscape structure. For buildings see BUILDING GRADE.
L
LANDOWNER - see REGISTERED OWNER
LANDSCAPING means the modification, beautification and enhancement of a site or development through the use
of the following elements:
(a)
natural landscaping consisting of vegetation such as trees, shrubs, hedges, grass, flowers and other
ground cover or materials;
(b) hard landscaping consisting of non-vegetative materials such as brick, stone, concrete, tile and wood,
excluding monolithic concrete and asphalt; and
(c)
excludes all areas utilized for driveways and parking.
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. All land use districts referred to in this
bylaw are shown on the Land Use District Map found in Schedule 1 to this bylaw.
LANE or LANEWAY means a public thoroughfare, which provides a secondary means of access to a lot or lots.
LOT means a lot as defined in the MGA and shall include a bare land condominium unit.
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Village of Milo Land Use Bylaw No. 397-17
M
MAINTENANCE means the upkeep of a building or property that does not involve structural change, the change of
use, or the change of intensity of use.
MASS WASTING means a general term describing a variety of processes, including but not limited to slumping,
sloughing, fall and flow, by which earth materials are moved by gravity.
MUNICIPAL DEVELOPMENT PLAN means a Statutory Plan, formerly known as a General Municipal Plan, adopted by
Bylaw in accordance with section 632 of the MGA.
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 committee authorized by Council to act as the Subdivision
Authority pursuant to section 623 of the MGA and Development Authority pursuant to section 624 of the MGA, and
in accordance with the Municipal Planning Commission Bylaw.
MUNICIPAL/SCHOOL RESERVE means the land specified to be municipal and school reserve by a subdivision
approving authority pursuant to section 666 of the MGA.
MUNICIPAL SUBDIVISION AND DEVELOPMENT APPEAL BOARD (SDAB) means the committee established, by bylaw,
to act as the municipal appeal body for subdivision and development applications.
N
NON-COMPLIANCE means a development constructed, or use undertaken after the adoption of the current Land
Use Bylaw and does not comply with the current Land Use Bylaw.
NON-CONFORMING BUILDING 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.
NON-CONFORMING USE means a lawful specific use:
(a)
being made of land or a building or intended to be made of a building lawfully under construction, at the
date of 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.
NON-SERVICED means in respect to a lot or parcel that neither a municipal water system nor a municipal sewage
system services it.
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NUISANCE means any use, prevailing condition or activity which has a detrimental effect on living or working
conditions.
O
OCCUPANCY PERMIT means a permit issued by the municipality that authorizes the right to occupy or use a building
or structure for its intended use.
OFF-SITE LEVY means the rate established by the municipal Council that will be imposed upon owners and/or
developers who are increasing the use of utility services, traffic services, and other services directly attributable to
the changes that are proposed to the personal property. The revenues from the off-site levies will be collected by
the municipality and used to offset the future capital costs for expanding utility services, transportation network,
and other services that have to be expanded in order to service the needs that are proposed for the change in use
of the property.
OFF-STREET LOADING SPACE means an open area, not exceeding 9.1 m (30 ft.) in width, located in the rear yard
space, designed expressly for the parking of haulage vehicles while loading or unloading.
OFF-STREET PARKING means a lot or portion thereof, excluding a public roadway which is used or intended to be
used as a parking area for motor vehicles.
OFF-STREET PARKING SPACE means an off-street area available for the parking of one motor vehicle. Every off-
street parking space shall be accessible from a street, lane or other public roadway.
ORIENTATION means the arranging or facing of a building or other structure with respect to the points of the
compass.
P
PARCEL means an area of land described in a Certificate of Title either directly or by reference to a plan and
registered with the Alberta Land Titles Office.
PARTIALLY SERVICED LOT means a lot that is provided water or sewer serviced by either:
(a)
a municipal water line or a municipal sewer line; or
(b) an incorporated organization or co-operative, recognized by the municipality, that is operating a
provincially approved water or sewer system.
PERMITTED USE means the use of land or building(s) 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.
PLAN OF SUBDIVISION means a plan of survey prepared in accordance with the relevant provisions of the Land Titles
Act for the purpose of effecting subdivision.
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Village of Milo Land Use Bylaw No. 397-17
PRINCIPAL BUILDING means a building which:
(a)
occupies the major or central portion of a lot;
(b) is the chief or main building on a lot; or
(c)
constitutes, by reason of its use, the primary purpose for which the lot is used.
PRINCIPAL USE means the main purpose, in the opinion of the Development Officer or Municipal Planning
Commission, for which a lot is used.
PROHIBITED USE means a development that is not listed as permitted or discretionary, or is not considered similar
within a land use district.
PUBLIC OPEN SPACE means land, which is not in private ownership and is open to use by the public.
PUBLIC ROADWAY means a right-of-way maintained by the Village and is open to the public for the purpose of
vehicular traffic.
R
REAL PROPERTY REPORT (RPR) means a legal document that illustrates in detail the location of all relevant, visible
public and private improvements relative to property boundaries prepared by a registered Alberta Land Surveyor.
REGISTERED OWNER means:
(a)
in the case of land owned by the Crown in right of Alberta or the Crown in right of Canada, the Minister
of the Crown having the administration of the land; or
(b) in the case of any other land:
(i)
the purchase of the fee simple estate in the land under an agreement for sale that is the subject of
a caveat registered against the Certificate of Title in the land, and any assignee f the purchaser's
interest that is the subject of a caveat registered against the Certificate of Title; or
(ii)
in the absence of a person described in paragraph (i), the person registered under the Land Titles
Act as the owner of the fee simple estate in the land.
RIGHT-OF-WAY means an area of land not on a lot that is dedicated for public or private use to accommodate a
transportation system and necessary public utility infrastructure (including but not limited to water lines, sewer
lines, power lines, and gas lines).
ROAD - see PUBLIC ROADWAY
S
SAFETY CODES means a code, regulations, standard, or body of rules regulating thing such as building, electrical
systems, elevating devices, gas systems, plumbing or private sewage disposal systems, pressure equipment, fire
protection systems and equipment, barrier free design and access in accordance with the Safety Codes Act, RSA
2000, Chapter S-1, as amended.
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SCREENING means a fence, wall, berm or hedge used to visually separate areas or functions that detract from the
street or neighbouring land uses.
SETBACK means the minimum distance required between a property line of a lot and the nearest part of any building,
structure, development, excavation or use on the lot and is measured at a right angle to the lot line. See figure
below.
SIMILAR USE means a use of land or building(s) for a purpose that is not provided in any district designated in this
bylaw, but is deemed by the Development Officer or Municipal Planning Commission to be similar in character and
purpose to another use of land or buildings that is included within the list of uses prescribed for that district.
SITE means that part of a parcel or a group of parcels on which a development exists or which an application for a
development permit is being made.
SITE PLAN means a plan drawn to scale illustrating the proposed and existing development prepared in accordance
with the requirements of this bylaw.
STOP ORDER means an order issued by the Development Officer or Municipal Planning Commission pursuant to
section 645 of the MGA.
STOREY means the space between the top of any floor and the top of the next floor above it and if there is no floor
above it, the portion between the top of the floor and the ceiling above it, but does not include a basement.
STREET means a thoroughfare which is used or intended to be used for passage or travel of motor vehicles and
includes the sidewalks and land on each side of and contiguous to the prepared surface of the thoroughfare. It does
not include lanes.
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, billboards
and poster panels.
SUBDIVISION AND DEVELOPMENT REGULATION means regulations established by order of the Lieutenant Governor
in Council pursuant to section 694 of the MGA.
SUBDIVISION AUTHORITY means the body established by bylaw to act as the subdivision authority in accordance
with section 623 of the MGA.
SUBDIVISION OR SUBDIVIDE means the division of a parcel by an instrument.
SUBSIDENCE means a localized downward settling or sinking of a land surface.
SUCH AS means includes, but is not limited to the list of items provided.
T
TEMPORARY DEVELOPMENT means a development for which a development permit has been issued for a limited
time period.
Administration | 34
Village of Milo Land Use Bylaw No. 397-17
U
USE means the purposes for which land or a building is arranged or intended, or for which either land, a building or
a structure is, or may be, occupied and maintained.
UTILITIES means any one or more of the following:
(a)
systems for the distribution of gas, whether artificial or natural;
(b) facilities for the storage, transmission, treatment, distribution or supply of water or electricity;
(c)
facilities for the collection, treatment, movement or disposal of sanitary sewage;
(d) storm water drainage facilities;
(e)
any other things prescribed by the Lieutenant Governor in Council by regulation;
but does not include those systems or facilities referred to in sub-clauses (a) to (d) that are exempted by the
Lieutenant Governor in Council by regulation.
V
VILLAGE means the Village of Milo.
W
WAIVER means the relaxation or variance of a development standard as established in this Bylaw.
Z
ZONING - see LAND USE DISTRICT
All other words and expressions not otherwise defined in this Land Use Bylaw have the meaning
assigned to them in the MGA.
Schedule 1
LAND USE DISTRICTS
Village of Milo Land Use Bylaw No. 397-17
Schedule 1 | 1
Schedule 1
LAND USE DISTRICTS
SECTION 1
DIVISION OF MUNICIPALITY
1.1
The municipality is divided into those districts shown on the Land Use Districts Map of this
schedule.
1.2
Each district shown on the map referred to in Section 1 of this schedule shall be known by the
following identifying names and symbols:
RESIDENTIAL
- R
COMMERCIAL
- C
INDUSTRIAL
- I
PUBLIC
- P
URBAN RESERVE
- UR
SECTION 2
INTENT OF LAND USE DISTRICTS
2.1
RESIDENTIAL - R
This district is intended to accommodate residential development on serviced lots in an
economical, orderly and attractive manner, while excluding potentially incompatible land uses.
2.2
COMMERCIAL - C
This district is intended to accommodate commercial uses in a manner that is convenient and
attractive to users and beneficial to the community.
2.3
INDUSTRIAL - I
This district is intended to provide an area attractive to and suited for industrial and heavier
commercial development, while ensuring any development is compatible with other land uses and
the quality of life in the community.
2.4
PUBLIC - P
This district is intended provide for institutional, public and semi-public uses which are compatible
with each other and adjoining land use districts.
2.5
URBAN RESERVE - UR
This district is intended to limit development of larger parcels, typically on the periphery of existing
development, to uses that will not restrict or hinder more intensive urban development in the
future.
Schedule 2
USE REGULATION
Village of Milo Land Use Bylaw No. 397-17
Schedule 2 | 1
Schedule 2
USE REGULATION
SECTION 1
USE CATEGORIES AND SPECIFIC USES
1.1
The principal uses allowed within the Land Use Districts are identified in Table 2.2.1. The land use
districts are referenced by their two letter abbreviations.
1.2
All of the use categories listed in the second column of Table 2.2.1 are defined in Section 3 of this
schedule.
1.3
A "P" indicates that the listed use is allowed by right within the respective land use district after
review and approval by the Development Officer in accordance with Section 28 (Permitted Uses)
in the Administrative section. Permitted uses are subject to all other applicable standards of the
Land Use Bylaw.
1.4
A "D" indicates that the listed use is allowed within in the respective land use district only after
review and approval by the Municipal Planning Commission, in accordance with Section 29
(Discretionary Uses) in the Administrative section. Discretionary uses are subject to all other
applicable standards of the Land Use Bylaw.
1.5
A blank cell (one without a "P" or "D") indicates that the listed use type is not allowed within the
respective Land Use District.
1.6
A use that is not specifically listed in the Specific Use Type column of Table 2.2.1, but which may
be similar in character and purpose to other uses of land and structures in the land use district in
which such use is proposed, the Development Officer may classify the use as either similar to a
permitted use or similar to a discretionary use in accordance with Section 30 (Similar Uses) in the
Administrative section.
1.7
The provisions of Schedule 3 Dimension Standards and Setbacks apply to all uses in this section.
1.8
The provisions of Schedule 5 General and Use Specific Standards of Development apply to the uses
in this section.
1.9
Uses listed in Section 3 are prohibited with the Village of Milo.
Schedule 2 | 2
Village of Milo Land Use Bylaw No. 397-17
SECTION 2
USE TABLE
Table 2.2.1: Use Table
USE CATEGORY
SPECIFIC USE TYPE
LAND USE DISTRICTS
DEVELOPMENT STANDARD
R
C
I
P
UR
General
Accessory building
P
P
P
P
P
Sch 6, Sec 1 / Sch 7, Sec 8
Accessory structure
P
P
P
P
P
Schedule 6, Section 1
Accessory use
P
P
P
P
P
--
Extensive agriculture
P
--
Moved-in building
D
D
D
D
D
Sch 6, Sec 14 / Sch 7, Sec 9
Pasture land
P
Shipping container, permanent
D
D
D
D
Schedule 5, Section 14
Shipping container, temporary
D
D
D
D
D
Schedule 5, Section 14
Signs
D
D
D
D
D
Schedule 8
Telecommunication tower
--
--
--
--
--
Schedule 9
Residential
Dwelling single-unit
P
D
Schedule 6
Dwelling 2-unit, 3-unit, 4-unit
D
Schedule 6
Garden suite
D
D
Schedule 6, Section 12
Home occupation
D
D
Schedule 6, Section 11
Manufactured home
D
D
Schedule 6, Section 13
Manufactured home community
D
Schedule 6, Section 16
Modular home A
P
D
Schedule 6, Section 14
Modular home B
D
D
Schedule 6, Section 14
Moved-in dwelling
D
D
Schedule 6, Section 14
Row house (more than 4 units)
D
Schedule 6
Secondary suite
D
D
Schedule 6, Section 12
Senior citizen housing
D
Schedule 6
Surveillance suite
D
D
Schedule 7, Section 10
Village of Milo Land Use Bylaw No. 397-17
Schedule 2 | 3
Table 2.2.1: Use Table (continued)
USE CATEGORY
SPECIFIC USE TYPE
LAND USE DISTRICTS
DEVELOPMENT STANDARD
R
C
I
P
UR
Commercial
Automotive
Related
Auto body and paint shop
D
Schedule 7
Auto sales and service
D
D
Schedule 7
Car wash
D
Schedule 7
Construction
Contractor, general
P
Schedule 7
Contractor, limited
D
P
Schedule 7
Lumber yard
P
Schedule 7
Lodging
Bed and breakfast
D
Schedule 7
Boarding or lodging house
D
Schedule 7
Hotel / Motel
P
Schedule 7
Mixed use building
D
D
Schedule 7
Offices
Business support service
P
D
Schedule 7
Financial institutions
P
Schedule 7
Office
P
D
Schedule 7
Recreation &
Entertainment
Amusement facility
D
Schedule 7
Campgrounds
D
D
D
Schedule 7
Entertainment establishment
D
D
Schedule 7
Private recreation
D
Schedule 7
Public recreation
P
--
Retail Sales &
Service
Animal care service, small
P
D
Schedule 7
Business
P
D
Schedule 7
Cannabis retail store
D
Convenience store
P
D
Schedule 7
Equipment sales, rental & service
D
P
Schedule 7
Farmer's market
D
P
D
Schedule 7
Funeral home
D
D
Schedule 7
Garden centre or greenhouse
D
D
D
Schedule 7
Liquor store
D
D
Schedule 7
Market garden
D
Schedule 7
Medical/health facility
P
D
Schedule 7
Personal services
P
D
Schedule 7
Restaurant
P
D
Schedule 7
Retail
P
D
Schedule 7
Service station
D
D
Schedule 7, Section 11
Schedule 2 | 4
Village of Milo Land Use Bylaw No. 397-17
Table 2.2.1: Use Table (continued)
USE CATEGORY
SPECIFIC USE TYPE
LAND USE DISTRICTS
DEVELOPMENT STANDARD
R
C
I
P
UR
Industrial
Industrial
Light industrial
P
Schedule 7
Manufacturing and fabrication
P
Schedule 7
Truck Transport
Transportation/delivery service
P
Schedule 7
Truck dispatch/depot
P
Schedule 7
Truck stop
D
Schedule 7
Truck wash
D
Schedule 7
Warehousing
Bulk fuel station
D
Schedule 7, Section 11
General warehousing and storage
P
Schedule 7
Mini storage
P
Schedule 7
Outdoor storage
P
Schedule 7
Other
Animal care service, large
D
Schedule 7
Auctioneering facility
D
Schedule 7
Cannabis production facility
D
Grain elevator / Seed cleaning plant
D
Schedule 7
Railway and railway related uses
D
Schedule 7
Public Institutional
Child Care
Child care facility
D
D
P
Schedule 5
Day home
D
D
Schedule 5
Community
Service
Community hall
D
P
Schedule 5
Government services
D
P
Schedule 5
Group care facility
D
Schedule 5
Institutional
P
Schedule 5
Museum
P
Schedule 5
Religious assembly / Church
D
D
D
P
Schedule 5
Schools / Education facilities
P
Schedule 5
Tourist information
P
P
P
Schedule 5
Parks and Open
Space
Campground, public
D
D
Schedule 5
Cemetery
P
Schedule 5
Golf course
D
Schedule 5
Parks and playgrounds
P
P
Schedule 5
Utility
Public or private utility
D
P
D
Schedule 5
Recycling facility
D
P
D
Schedule 5
Waste management transfer site
P
D
Schedule 5
Wastewater treatment plant
P
Schedule 5
Water treatment plant
P
Schedule 5
Village of Milo Land Use Bylaw No. 397-17
Schedule 2 | 5
SECTION 3
PROHIBITED USES
3.1
The following uses are prohibited within the Village of Milo:
AUTO WRECKAGE AND SALVAGE YARD
NOXIOUS OR HAZARDOUS USES
LIVESTOCK CONFINEMENT
KENNEL
SECTION 4
LAND USE DEFINITIONS
A
ACCESSORY BUILDING means any building that is physically separate from the principal building on the lot on which
both are located and which is subordinate and incidental to that of the principal building. The use is subordinate
and incidental to that of the principal use of the site on which it is located and examples of a typical accessory
building is a private garage or shed. No accessory building shall be used for human habitation.
ACCESSORY STRUCTURE means a structure that is detached from the principal building. It is ancillary, incidental,
and subordinate to the principal building or use. Typical accessory structures include flagpoles, swimming pools,
storage tanks, or gazebos. When a structure is attached to the principal building by a roof, a floor, a wall, or a
foundation, either above or below grade, it is considered part of the principal building. No accessory structure shall
be used for human habitation.
ACCESSORY USE means a use or development customarily incidental and subordinate to the principal use or building
and is located on the same parcel as such principal use or building. A principal use must be legally established or
approved before an accessory use can be approved.
ADULT ESTABLISHMENT means commercial establishments in which a significant portion of the business is to:
(a)
display, sell, have in their possession for sale, offer for view, publish, disseminate, give, lease, or otherwise
deal in any written or printed matter, pictures, films, sound recordings, machines, mechanical devices,
models, facsimiles, or other material and paraphernalia depicting sexual conduct or nudity and which
exclude minors by reason of age; and/or
(b) which display for viewing any film or pictures depicting sexual conduct or nudity and which exclude minors
by reason of age; and/or
(c)
in which any person appears or performs in a manner depicting sexual conduct or involving nudity and
from which minors are excluded by reason of age.
ALTERNATIVE ENERGY, INDIVIDUAL means energy that is renewable or sustainable that is generally derived
from natural sources (for example, the earth, sun, wind, water) and it for the sole consumption of the landowner,
resident or occupant.
AMUSEMENT FACILITY means development for amusement pastimes, and may incorporate eating facilities as an
accessory use. Such uses may include but are not limited to, amusement arcades, billiard parlours, bingo halls,
bowling alleys and indoor mini-golf.
Schedule 2 | 6
Village of Milo Land Use Bylaw No. 397-17
ANIMAL CARE SERVICE, LARGE means any establishment maintained and operated by a licensed veterinarian for
the on-site or off-site treatment of animals. The development may also be used for on-site boarding, breeding or
training of animals and livestock. The facility may also include outside buildings and pens associated with the service
and the supplementary sale of associated animal care products. Typically, this use will include veterinary offices or
hospitals, animal shelters, and facilities for impounding and quarantining animals.
ANIMAL CARE SERVICE, SMALL means development for the on-site treatment and/or grooming of small animals
such as household pets, where on-site accommodation may be provided and where all care and confinement
facilities are enclosed within one particular building. This use may also include the supplementary sale of associated
animal products. Typically, this use will include pet grooming salons, pet clinics and veterinary offices.
AUCTIONEERING FACILITY means any facility where animals or goods are regularly bought, sold, or traded to the
highest bidder. The facility may also include holding pens and viewing areas, transport facilities, spectator seating,
and administrative offices. This definition does not apply to individual sales of animals or goods by private owners.
AUTO BODY AND PAINT SHOP means a building where motor vehicles are repaired and also where motor vehicle
bodies and parts, and other metal machines, components, or objects may be painted. Painting of this type shall not
be done outdoors, but must be set up in a properly ventilated building. This use may also include an outdoor storage
area and an office component.
AUTO SALES AND SERVICE means 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/or recreational vehicles, including but not
limited to, mufflers, oil changes, transmissions, engine replacement, glass repair, auto detailing. Such facilities do
not include the sale of gas but may include towing services as an accessory use.
AUTO WRECKAGE AND SALVAGE YARD means a facility or operation specifically intended for the dismantling of
automotive vehicles and the sale of those parts to the general public. Such a facility may include an administrative
office, work areas, and outdoor storage. The parcel of land on which the facility exists must be completely fenced
according to Village standards.
B
BED AND BREAKFAST means an accessory use carried out in an owner-occupied dwelling where temporary
accommodation is provided to non-residents of the dwelling for remuneration, and where meals, if provided for
guests, are prepared in the common kitchen of the principal dwelling.
BULK FUEL STATION means a use of land or buildings for storing and distributing petroleum products in bulk
quantities. This use includes supplementary tanker vehicle storage and card lock or key lock fuel distribution
facilities.
BUSINESS means a commercial, merchandising, or industrial activity or undertaking, a profession, trade, occupation,
calling or employment or an activity providing goods or services, whether or not for profit and however organized
or formed, including a cooperative or association of persons.
BUSINESS SUPPORT SERVICE means an establishment primarily engaged in providing services for other business
establishments such as advertising, copying, equipment, financial services, employment services, and other similar
services.
Village of Milo Land Use Bylaw No. 397-17
Schedule 2 | 7
C
CAMPGROUND means a use of land or buildings intended for seasonal occupancy by holiday or tent trailers,
recreation vehicles, tents and similar equipment and which may include supplementary bathroom and recreational
facilities, eating shelters, convenience retail, laundry facilities and dwelling accommodations for the operator.
CANNABIS means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis plant seeds and any
other substance defined as cannabis in the Cannabis Act (Canada) and its regulations, as amended from time to time
and includes edible products that contain cannabis.
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 building or use where federally approved medical or non-medical
(recreational) cannabis plants are grown, processed, packaged, tested, destroyed, stored or loaded for shipping, and
that meets all federal or provincial requirements and that meets all requirements of this bylaw, as amended from
time to time.
CARPORT means a partially enclosed structure intended for the shelter of one of more motor vehicles with at least
40 percent of the total perimeter open and unobstructed.
CAR WASH means the use of a structure or area providing for the cleaning of motor vehicles but does not include
SERVICE STATIONS/ GAS BARS.
CEMETERY means a development for the entombment of the deceased and may include such facilities as
crematories, cinerarium, columbarium, mausoleums, memorial parks, burial grounds, cemeteries and gardens of
remembrance.
CHILD CARE FACILITY means a building or portion thereof used for the provision of care, maintenance and
supervision of seven or more children, by persons unrelated to the children by blood or marriage, for periods not
exceeding 24 consecutive hours and includes all child-care centres, day cares, nurseries and after-school or baby-
sitting programs which meet the conditions of this definition. Group homes and day homes are separate uses.
CHURCH means a building or facility whose primary purpose is to facilitate meetings of a group of people for public
worship or religious services. See RELIGIOUS ASSEMBLY.
COMMUNITY HALL means a facility or building whose primary purpose is to accommodate use by community
group(s). The structure may include such features as meeting rooms, kitchen, stage and open floor area, bar/liquor
area, multi-purpose rooms, washrooms, coat room, storage room(s) and administrative offices. Exterior uses may
include parking, playground areas, outdoor shelters, and sitting areas.
CONTRACTOR, GENERAL means development used for industrial service support and construction. Typical uses
include cleaning and maintenance contractors, building construction, landscaping, concrete, electrical, excavation,
drilling heating, plumbing, paving, road construction, sewer or similar services of a construction nature which require
on-site storage space for materials, construction equipment or vehicles normally associated with the contractor
service. Any sales, display, office or technical support service areas shall be accessory to the principal general
contractor use.
Schedule 2 | 8
Village of Milo Land Use Bylaw No. 397-17
CONTRACTOR, LIMITED means a development used for the provision of electrical, plumbing, heating, painting,
catering and similar contractor services primarily to individual household and the accessory sales of goods normally
associated with the contractor services where all material are kept within an enclosed building, and there are no
accessory manufacture activities or fleet storage of more than four vehicles.
CONVENIENCE STORE means a retail store that sells a limited line of groceries and household goods for the
convenience of the neighbourhood.
D
DAY HOME means a private residence where care, development and supervision are provided for a maximum of six
children between the ages of 0-12 years, by persons unrelated to the children by blood or marriage, including
children under the age of 12 who reside in the home, for periods not exceeding 24 consecutive hours.
DECK means an accessory structure consisting of a paved, wooden, or other hard-surfaced area generally adjoining
a principal building intended for outdoor living space that is 0.6 m (2 feet) or greater above grade.
DETACHED GARAGE means an accessory building designed and use primarily for the storage of motor vehicles that
is not attached or is separate from the principal building.
DRIVE-IN/DRIVE-THROUGH RESTAURANT means an establishment where food is prepared and served on the
premise for sale to the public and includes car attendant and/or drive-through, pick-up service. See RESTAURANT.
DWELLING means a building or portion thereof designed for human habitation and which is intended to be used as
a residence for one or more individuals but does not include travel trailers, motor homes, recreational vehicles, or
other mobile living units, hotel, motel, dormitory, boarding house, or other similar accommodation. Dwelling
includes the following:
Single-unit dwelling means a residential building containing only one dwelling unit which is to be constructed
on site and is to be placed on a basement or permanent slab foundation.
2-unit dwelling means a residential building that contains two separate dwelling units connected either by a
common floor/ceiling, or by a common wall (party wall) between units.
3-unit dwelling means a residential building comprised of three dwelling units, each unit having a separate,
direct entrance from grade or a landscaped area. Each dwelling unit will be connected either by a common
floor/ceiling, or by a common wall (party wall) between units.
4-unit dwelling means a residential building comprised of four dwelling units, each unit having a separate,
direct entrance from grade or a landscaped area. Each dwelling unit will be connected either by a common
floor/ceiling, or by a common wall (party wall) between units.
Row dwelling means development consisting of a building containing a row of three or more dwelling units
each sharing a common wall extending from the first floor to the roof, at the side only with no dwelling being
place over another in whole or in part. Each dwelling unit shall have separate, individual, and direct access to
the building at grade.
Village of Milo Land Use Bylaw No. 397-17
Schedule 2 | 9
E
EATING ESTABLISHMENT means an establishment where food is prepared and served on the premises for sale to
the public and may include supplementary on or off-premises catering services. This term includes restaurants,
cafes, lunch and tea rooms, ice cream parlours, banquet facilities, take-out restaurants and other uses similar in
character and nature. See RESTURANT.
EDUCATIONAL FACILITY means a place of instruction offering continuing education or specialized courses of study.
Included in the category may be public, private, and commercial institutions.
ENTERTAINMENT ESTABLISHMENT means an establishment such as a theatre, auditorium, lounge or cabaret
providing dramatic, musical or other entertainment indoors or outdoors and may include facilities for supplementary
food and beverage consumption.
EQUIPMENT SALES, RENTAL AND SERVICE means the use of land or buildings for the retail sale, wholesale
distribution, rental and/or service of: hand tools, small construction, farming, gardening and automotive equipment,
small machinery parts and office machinery and equipment.
EXTENSIVE AGRICULTURE means the production of crops or livestock or both by expansive cultivation or open
grazing only. Barns, Quonsets and other similar buildings associated with extensive agriculture are classified as
accessory structures. This use does not include agricultural-related industry buildings or uses such as packaging
plants, processing plants, agricultural support services or any other similar uses or structures.
F
FARMER'S MARKET means the use of land or buildings where fresh farm or garden produce is sold in retail or
wholesale setting and where goods are typically displayed in bulk bins or stalls for customer selection. This use
includes vendors of fruit, vegetables, meat products, baked goods, dry goods, spices and non-food products such as
handicrafts, provided that the sale of fresh food products remains the primary function.
FENCE means an accessory structure usually made of wood, rails, bricks or wire intended to mark parcel boundaries
and provide yard privacy.
FINANCIAL INSTITUTION means a development or use primarily for providing the service of banking or lending
money, such as a bank, savings and loan institution, or credit union.
FITNESS FACILITY means a development where space, equipment or instruction is provided for people to pursue
physical fitness or skills relating to physical activities and may include the incidental sale of products relating to the
service provided.
FUNERAL HOME means a development used for the arrangement of funerals, the preparation of the deceased for
burial or cremation, and the holding of funeral services.
Schedule 2 | 10
Village of Milo Land Use Bylaw No. 397-17
G
GARAGE means an accessory private building or part of the principal building, designed and used primarily for the
storage of motor vehicles.
GARDEN CENTRE OR GREENHOUSE means a building specially designed and used for the commercial growing of
vegetables, flowers or other plants for transplanting or sale. The use may include accessory retail uses on the
premises.
GARDEN SHED means an accessory structure to store household and garden equipment and supplies that is not
more than 100 ft2 in size.
GARDEN SUITE means a supplementary temporary dwelling unit that is a small, portable, self-contained,
manufactured housing unit which is located on the same lot or parcel as a principal dwelling unit and where the
supplementary dwelling is used to temporarily accommodate individuals that are dependent or associated with the
residents in the principal dwelling, or where circumstance warrants, it may be used to temporarily house individuals
providing care to the resident(s) of the principal building.
GENERAL STORE means a retail establishment which deals primarily with the display and sale of food and other
household goods required by residents of the immediate vicinity to meet their day-to-day household needs. See
RETAIL.
GENERAL WAREHOUSING AND STORAGE means a building used for the storage of goods and merchandise. The
building may include administrative offices, loading areas, parking areas, storage rooms and the retail sale of goods
stored in the warehouse. No outside storage is permitted with this use.
GOLF COURSE means an outdoor use/establishment of varying size where the land is developed primarily to
accommodate the game of golf. Accessory uses include a pro shop, driving range and/or proactive facility, food
service, and other commercial uses typically associated with a golf course clubhouse facility.
GOVERNMENT SERVICES means development providing municipal, provincial, or federal government services
directly to the public or the community at large, and includes development required for the public protection of
persons or property.
GRAIN ELEVATOR/SEED CLEANING means a facility for the collection, grading, sorting, storage, and transshipment
of grains. This definition also includes 'inland grain terminals'.
GROUP CARE FACILITY means a development which provides residential accommodation and rehabilitative services
to persons who are handicapped, disabled or undergoing rehabilitation and are provided care to meet their needs.
Persons are typically referred to a group care facility by hospitals, courts, government agencies or recognized social
service agencies or health professionals but may also voluntarily request care. This use includes supervised uses
such as group homes, half-way houses, and convalescent homes. This use does not include senior housing or assisted
living which are separate uses in this bylaw.
H
HOLIDAY TRAILER - see RECREATIONAL VEHICLE
Village of Milo Land Use Bylaw No. 397-17
Schedule 2 | 11
HOME OCCUPATION means an occupation, trade, profession or craft. carried on by an occupant of a dwelling unit
as a use secondary to the residential use of the lot, and which does not change the character thereof or have any
exterior evidence of such secondary use.
HOTEL means the use of a building for sleeping accommodations provided for a fee on a daily basis, accessible only
through a central lobby with onsite parking; the building may also contain accessory commercial, and food and
beverage service uses.
I
INSTITUTIONAL means a use by or for an organization or society for public or social purposes and, without restricting
the generality of the term.
K
KENNEL means a commercial operation means a facility where dogs or cats or other domestic pets are maintained,
boarded, bred, trained or cared for or kept for the purposes of sale but excludes an Animal Care Service.
L
LIGHT FABRICATION SHOPS means the assembly of metal parts, including blacksmith and welding shops, sheet metal
shops, machine shops, and boiler shops, that produce metal duct work, tanks, towers, cabinets and enclosures, metal
doors and gates, and similar products.
LIGHT INDUSTRIAL means development used for processing, assembly, production or packaging of goods or
products, as well as administrative offices and warehousing and wholesale distribution uses which are accessory
uses to the above, provided that the use does not generate any detrimental impact, potential health or safety hazard
or any nuisance beyond the boundaries of the developed portion of the site or lot upon which it is situated.
LIQUOR STORE means a retail establishment licensed under provincial authority for the sale of any or all of beer,
wine, or spirits for consumption off premises. Full walls must physically separate the premises from any other
business.
LUMBER YARD means a commercial operation where lumber, building materials and supplies, and other building-
related goods are stored, displayed and sold.
M
MANUFACTURED HOME means a completely self-contained dwelling unit, designed and constructed entirely within
a factory setting. Typically it is transported to a site in not more than one piece on its own chassis and wheel system
or on a flatbed truck. For the purposes of this bylaw, a manufactured home does not include a "modular home".
Schedule 2 | 12
Village of Milo Land Use Bylaw No. 397-17
MANUFACTURED HOME COMMUNITY means a comprehensively planned residential development intended for the
placement of manufactured homes on sites or pads. Such a community may also include amenity areas or facilities
for the use of the community's residents.
MANUFACTURING AND FABRICATION means a commercial operation where the land and buildings are used for the
manufacture or fabrication of products or parts, and also the retail sale of such products or parts to the general
public. Such a facility may include an administrative office, ancillary structures, outdoor work areas, parking, and
outdoor storage areas.
MARKET GARDEN means the growing of vegetables or fruit for commercial purposes. This use includes an area for
the display and sale of goods or produce grown or raised on site.
MEDICAL/HEALTH FACILITY means a facility for the provision of human health services without overnight
accommodation for patients and may include associated office space. Typical uses include physiotherapy, registered
massage therapy, doctor, dentist, optometrist, and chiropractic offices.
MINI STORAGE means the use of land with compartmentalized buildings or a designated site set up for the storage
of equipment, household or business materials, or vehicles, but excludes storage of hazardous goods or materials.
Accessory to this use is the exterior screened storage of recreational vehicles, boats, trailers and similar items.
MIXED USE BUILDING means a building used partly for residential and partly for commercial use.
MOBILE HOME - see MANUFACTURED HOME
MODULAR HOME means a prefabricated dwelling unit consisting of components substantially assembled in a
manufacturing plant and transported to the building site for final assembly.
MOTEL means a building or group of buildings on a site designed and operated to provide temporary
accommodation for transient motorists and contains separate sleeping units, each of which is provided with an
adjoining conveniently located parking stall. The building may also include accessory eating and drinking
establishments and personal service shops.
MOVED-IN BUILDING means a previously used or existing, established and working building, which is removed from
a site, and then transported and re-established on another site.
MOVED-IN DWELLING means a previously existing, established and occupied dwelling, which is removed from one
site and then transported and re-established on another site. For the purposes of this bylaw, a moved-in building
does not include a "manufactured home", "modular home", "ready-to-move home", motor home, travel trailer,
recreation vehicle and any similar vehicles that are neither intended for permanent residential habitation nor subject
to the current provincial building requirements.
MUSEUM means a building or site used for the preservation, collection, restoration, display and/or demonstration
of articles of historical significance and may include archival records of a geographic area or of a time period. See
INSTITUTIONAL.
Village of Milo Land Use Bylaw No. 397-17
Schedule 2 | 13
O
OFFICE means development primarily for the provision of professional, management, administrative, consulting, or
financial services in an office setting. Typical uses include but are not limited to the offices of lawyers, accountants,
travel agents, real estate and insurance firms, planners, clerical and secretarial agencies. This excludes government
services, the servicing and repair of goods, the sale of goods to the customer on the site, and the manufacturing or
handling of a product.
OUTDOOR STORAGE means the use of land with or without attendant buildings for the open, outdoor storage of
equipment, materials or vehicles, or processed or unprocessed resources or materials. For the purposes of this
bylaw, this definition is limited to those uses that require minimal on-site improvements, service and public
amenities or facilities and does not include those goods or materials which are hazardous.
P
PARKS AND PLAYGROUNDS means land developed for public recreational activities that do not require major
buildings or facilities, and includes picnic areas, playgrounds, pedestrian and bicycle paths, landscaped areas and
associated public washrooms. This may include public open space, which is not in private ownership and is open to
use by the public.
PATIO means an outdoor area of a lot developed and used for leisure and/or recreation purposes.
PERSONAL SERVICES means uses that provide personal services to an individual that are related to the care and
appearance of the body or the cleaning and repair of personal effects. Typical uses include but are not limited to
barber shops, beauty salons, hairdressers, manicurists, aestheticians, fitness facility, tailors, dress makers, shoe
repair shops, dry cleaning establishments, and laundries but does not include health services.
PORCH means a covered, open accessory structure (unenclosed) that is attached to the exterior of a building, often
forming a covered entrance to a doorway. The structure does not have solid walls, but may be screened.
PUBLIC OR PRIVATE UTILITY means any one or more of the following:
(a)
systems for the distribution of gas, whether artificial or natural;
(b) facilities for the storage, transmission, treatment, distribution or supply of water;
(c)
facilities for the collection, treatment, movement or disposal of sanitary sewage;
(d) storm sewage drainage facilities;
(e)
telecommunications systems;
(f)
systems for the distribution of artificial light or electric power;
(g)
facilities used for the storage of telephone, cable, remote weather stations or internet infrastructure;
(h) any other things prescribed by the Lieutenant Governor in Council by regulation.
Schedule 2 | 14
Village of Milo Land Use Bylaw No. 397-17
Q
QUONSET means an accessory building made from metal having a semicircular roof and/or cross section and end
walls.
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, but excludes feed mills/grain
elevators or bulk oil depots which are separate uses.
RECREATIONAL VEHICLE / HOLIDAY TRAILER means a transportable living unit, designed to be moved on its own
wheels or by other means (including units permanently mounted on trucks), designed or constructed to be used for
sleeping or living purposes on a short-term, temporary basis. Such living units are subject to highway safety
standards rather than housing standards. Typical units include, but are not limited to motor homes, campers, holiday
trailers, travel trailers, fifth wheel trailers, tent trailers and park model trailers. These units are not permitted as
permanent dwellings.
RECREATIONAL VEHICLE STORAGE - see OUTDOOR STORAGE
RECREATION, PRIVATE means sports or recreational or retreat activities, use, facilities including associated eating
and retail areas, provided by commercial for-profit and non-profit businesses where the public is admitted for a fee
or where admission is limited to members of an organization or limited group. Such uses include, but are not limited
to, gymnasiums, athletic/sport fields, shooting ranges, paint-ball, go-cart tracks, golf courses and ranges, outdoor
min-golf, recreation centres, indoor/outdoor ice rinks, campgrounds retreats and country clubs.
RECREATION, PUBLIC means sports or recreational or retreat activities, uses or facilities, including associated eating
and retail areas, for public use which are public-owned or operated (i.e. municipal, provincial, or federal including
local boards, agencies or commissions of the Village). Such uses include, but are not limited to, gymnasiums,
athletic/sports fields shooting ranges, paint-ball, go-cart tracks, golf courses and ranges, outdoor min-golf,
recreation centres indoor/outdoor ice rinks, campground, retreats, and country clubs.
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. This use may involve supplementary production of by-products or materials and includes bottle,
can, and paper recycling depots.
RELIGIOUS ASSEMBLY means a use or development used for public meetings, worship and related religious or social
activities, and includes accessory rectories, manses, meeting rooms and classrooms. Typical uses would include
community or civic halls/clubs, churches, chapels, temples, mosques, synagogues, parish halls and convents.
RESTAURANT means a commercial development where food and beverages are prepared and served. The
development may include supplementary alcoholic beverage service and catering services. This term will include
restaurants, cafes, diners, lunch and tea rooms, ice cream parlors, banquet facilities, take-out restaurants and such
other uses as the Municipal Planning Commission considers similar in character and nature to any one of these uses.
Village of Milo Land Use Bylaw No. 397-17
Schedule 2 | 15
RETAIL means a commercial premise where goods, merchandise, substances, articles, and other materials, are
offered for sale to the general public and includes limited on-site storage or limited seasonal outdoor sales to support
that store's operations. Typical uses include but are not limited to grocery, bakery, hardware, pharmaceutical,
appliance, clothing, and sporting goods stores. These uses exclude warehouse sales and the sale of gasoline, heavy
agricultural and industrial equipment, alcoholic beverages, or retail stores requiring outdoor storage. Minor
government services, such as postal services, are permitted within general retail stores.
RETAIL CANNABIS STORE means the use of a store, premises or a building for a commercial retail cannabis business,
licensed by the Province of Alberta, where legal non-medical cannabis and cannabis accessories are sold to
individuals who attend at the premises and the product sales or associated sales are expressly authorized by the
Alberta Gaming and Liquor Commission (AGLC).
S
SCHOOL means a place of instruction offering courses of study. Included in the category are public, private, and
separate schools.
SECONDARY SUITE means a facility containing cooking facilities, food preparation area, sleeping and sanitary
facilities, which is physically separate from those of the principal dwelling within the structure. A secondary suite
shall also have an entrance separate from the entrance to the principal dwelling, either from a common indoor
landing or directly from the side or rear of the structure.
SENIOR CITIZENS HOUSING means a dwelling unit or accommodation sponsored and administered by any public
agency or any non-profit organization, either of which obtains its financial assistance from Federal, Provincial, or
Municipal Governments or agencies or public subscriptions or donation or any combinations thereof.
SERVICE STATION or GAS BAR means any lot or building used 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.
SHIPPING CONTAINER means any container that is or was used for transport of goods by means of rail, truck or by
sea. These are generally referred to as a C-Container, sea cargo container, sea can or 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 as a structure, must
conform to these regulations and may require a permit.
SIGN means any object, structure, fixture, placard, device and components, or portion thereof, which is used to
advertise, identify, communicate, display, direct or attract attention to an object, matter, thing, person, institution,
organization, business, product, service, event or location by any means. Refer to Schedule 8 for more sign
definitions.
SURVEILLANCE SUITE means a dwelling unit or sleeping unit, not exceeding 46.5 m2 (500 ft2) in size, that is developed
in conjunction with a principal use so that the dwelling is a supplementary use to the principal use, and which is used
solely to accommodate a person or persons, whose function is to provide surveillance, maintenance and/or security.
Schedule 2 | 16
Village of Milo Land Use Bylaw No. 397-17
T
TELECOMMUNICATION TOWER means a structure and any associated system, including all masts, towers and other
antenna supporting structures that is used for the transmission, emission or reception of television, radio or
telecommunications.
TRANSPORTATION/DELIVERY SERVICE means development involving the use of one or more vehicles to transport
people, mail, currency, documents, packages and articles for compensation such as a mobile catering service, the
rental or lease of vans and trucks, taxi service, limousine or bus service and may include limited storage and repair
of the vehicles used. This use does not include towing operations.
TRANSPORTATION DISPATCH/DEPOT means a facility 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.
TRUCK STOP means a building, premise or land in which or upon which a business, service or industry involving in
the maintenance, servicing, storage or report of commercial vehicles is conducted or rendered including the
dispensing of fuel products, the sale of accessories and/or equipment for trucks and similar commercial vehicles. A
truck stop may also include convenience stores and restaurant facilities, and may include overnight accommodation
facilities solely for the use of truck crews.
TRUCK WASH means a commercial vehicle washing facility associated with large vehicles such as tractor trailers.
U
USE means the purposes for which land or a building is arranged or intended, or for which either land, a building or
a structure is, or may be, occupied and maintained.
UTILITIES - see PUBLIC OR PRIVATE UTILITY
V
VETERINARY CLINIC - see ANIMAL CARE SERVICE
W
WAREHOUSE means a facility for the storage of goods, materials or equipment for use by a company.
WASTE MANAGEMENT SITES means a development for the commercial receiving of spent materials, provided that
no detrimental effects or nuisances are generated beyond the parcel upon which it is situated. This use includes a
dry waste site, a hazardous waste management facility and a waste sorting station. This use does not include a
RECYCLING FACILITY.
Village of Milo Land Use Bylaw No. 397-17
Schedule 2 | 17
WASTE MANAGEMENT TRANSFER STATION means a facility for the collection and temporary holding of solid waste
in a transferable storage container.
WASTEWATER TREATMENT PLANT has the same meaning as referred to in the Subdivision and Development
Regulation and as in the Environmental Protection and Enhancement Act. This definition also includes a wastewater
treatment stabilization plant.
WATER TREATMENT PLANT means a facility that treats raw water so that it is safe for human consumption and then
distributes it for human use.
All other words and expressions not otherwise defined in this Land Use Bylaw
have the meaning assigned to them in the MGA.
Schedule 3
DIMENSION STANDARDS AND SETBACKS
Village of Milo Land Use Bylaw No. 397-17
Schedule 3 | 1
Schedule 3
DIMENSION STANDARDS AND SETBACKS
SECTION 1
DIMENSION STANDARDS AND MINUMUM SETBACKS
1.1
Tables 3.2.1, 3.3.1 and 3.4.1 list the dimensional standards and setback requirements that apply
to specific uses within each of the land use districts.
SECTION 2
MINIMUM LOT SIZE
2.1
Minimum Dimensions Table
The table lists the dimensional requirements that apply to specific uses within each of the land use
districts.
Table 3.2.1: Minimum Lot Size
LAND USE
DISTRICT
SPECIFIC USE
MINIMUM LOT SIZE
Width
Length
Area
m
ft.
m
ft.
m2
ft2
Residential
Single unit, dwelling(a)
15.2
50
30.5
100
464.5
5,000
2-unit
18.3
60
30.5
100
557.4
6,000
3-unit and 4-unit
22.9
75
30.5
100
696.8
7,500
Manufactured home community
--
--
--
--
20,235
Row (interior unit)
7.6
25
38.1
125
464.5
5,000
(end unit)
12.2
40
38.1
125
290.3
3,125
Senior citizen housing
As required by the MPC
All other uses
As required by the MPC
Commercial
All uses
7.6
25
30.5
100
232.3
2,500
Industrial
All uses
30.5
100
--
--
929.0
10,000
Public Institutional
All uses
As required by the Development Authority
Urban Reserve
Single unit, dwelling(a)
--
--
--
--
2.0 ha
5.0 ac
Accessory or Moved-in building
Same as principal use
(a)
For the purpose of this table, Single unit, dwellings include:
Stick built dwelling
Modular dwelling
Manufactured home
Moved in dwelling
Schedule 3 | 2
Village of Milo Land Use Bylaw No. 397-17
2.2
The following definitions apply:
(a)
LOT in accordance with the MGA, means:
(i)
a quarter section;
(ii)
a river lot shown on an official plan, as defined in the Surveys Act, that is filed or lodged
in a land titles office;
(iii)
a settlement lot shown on an official plan as defined in the Surveys Act, that is filed or
lodged in a land titles office;
(iv)
a part of a parcel where the boundaries of the parcel are separately described in the
certificate of title other than by reference to a legal subdivision;
(v)
a part of a parcel of land described in a certificate of title if the boundaries of the part
are described in a certificate of title by reference to a plan of subdivision;
(vi)
where a certificate of title contains one or more lots described in a plan of subdivision
that was registered in a land titles office before July 1, 1950, lot means parcel.
(b) LOT WIDTH means the horizontal distance between the side lot lines measured at a point
perpendicular to the front property line (see Figure 3.2.1).
(c)
LOT LENGTH means the horizontal distance between the front and the rear lot lines measure
along the median between the side lot lines (see Figure 3.2.1).
Figure 3.2.1
(d) LOT AREA means the total area of a lot.
(e)
CORNER LOT means a lot located at the intersection of two or more streets.
(f)
INTERIOR LOT means a lot situated between two lots or another lot and a lane and having
access to not more than one street.
(g)
LOT FRONTAGE means the front lot line or that side of a lot abutting a public roadway, but
does not include any side abutting a lane, unless said lane is the only means of physical access
to a lot.
(h) LOT LINE means a legally defined boundary of any lot. The term property line and boundary
line have the corresponding meaning.
2.3
The Development Authority may approve a development on an existing registered lot the
minimum dimensions or area of which are less than those specified in 2.1 provided that the
minimum area allowed is not less than 232.3 m2 (2,500 ft2).
Village of Milo Land Use Bylaw No. 397-17
Schedule 3 | 3
SECTION 3
MINIMUM SETBACKS
3.1
Minimum Setbacks Table
The table lists the setback requirements that apply to specific uses within each of the land use
districts
Table 3.3.1: Minimum Setbacks
LAND USE
DISTRICT
SPECIFIC USE
MINIMUM SETBACKS
Front
Secondary Front
Side
Rear
m
ft.
m
ft.
m
ft.
m
ft.
Residential
Single unit, dwelling(a)
7.6
25
3.8
12.5
1.5
5
7.6
25
2-unit
7.6
25
3.8
12.5
3.0
10
7.6
25
3-unit & 4-unit
7.6
25
3.8
12.5
3.0
10
7.6
25
Row (interior unit)
7.6
25
common wall
common wall
7.6
25
(end unit)
7.6
25
3.8
12.5
3.0
10
7.6
25
Accessory building
7.6
25
3.8
12.5
0.6
2
0.6
2
All other uses
As required by the Development Authority
Commercial
All uses
0
0
0
0
0
0
7.6
25
Adjacent to R and P
0
0
0
0
6.1
20
7.6
25
Industrial
All uses
7.6
25
7.6
25
3.0
10
7.6
25
Adjacent to R and P
7.6
25
7.6
25
6.1
20
7.6
25
Public Institutional
All uses
7.6
25
3.8
12.5
3.0
10
7.6
25
Urban Reserve
Single unit, dwelling(a)
7.6
25
3.8
12.5
1.5
5
7.6
25
Accessory building
7.6
25
3.8
12.5
1.5
5
1.5
5
All other uses
As required by the Development Authority
(a)
For the purpose of this table, Single unit, dwellings include:
Stick built dwelling
Modular dwelling
Manufactured home
Moved in dwelling
Schedule 3 | 4
Village of Milo Land Use Bylaw No. 397-17
3.2
The following definitions apply:
(a)
YARD means the area between a lot line and the nearest part of any building, structure,
development, excavation or use on the lot.
(b) FRONT YARD 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 Figure 3.3.1).
(c)
SIDE YARD 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 Figure 3.3.1).
(d) REAR YARD means a yard extending across the full width of a lot and situated between the
rear lot lines and the nearest portion of the principal building (see Figure 3.3.1).
(e)
SECONDARY FRONT YARD means a yard on a corner lot with street frontage but which is not
the frontage where the main entrance to the building or development is oriented or is the
yard which is designated the secondary front by the Development Authority (see Figure
3.3.1).
Figure 3.3.1
3.3
Where any lot has more than one front yard line, the front setback requirements shall apply to one
yard, but only one-half the front yard requirement applies to the other front yard and that yard
shall be considered a secondary front yard.
3.4
Structures that are attached to a principal building are subject to the principal setbacks excepting
the permitted projections in subsection 3.5.
3.5
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.);
Village of Milo Land Use Bylaw No. 397-17
Schedule 3 | 5
(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 Schedule 8.
3.6
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
F - Cooling unit
B - Wheel chair ramp
G - Mailbox
C - Bay window
H - Deck
D - Balcony
I - Steps
E - Chimney
Figure 3.3.2
Schedule 3 | 6
Village of Milo Land Use Bylaw No. 397-17
3.7
The Development Authority may require increased building setbacks (other than those listed in
Table 3.3.1) if such setbacks would:
(a)
help avoid land use conflict;
(b) enhance the appearance of the area.
SECTION 4
FLOOR AREA, SITE COVERAGE AND BUILDING HEIGHT
4.1
The table lists the standards for floor area, site coverage and building height that apply to specific
uses within each of the land use districts.
4.2
Floor area means the sum of the gross horizontal area of the several floors and passageways of a
building not including basements, attached garages and open porches.
4.3
The following definitions apply to site coverage and building height:
(a)
SITE COVERAGE means the percentage of the lot area which is covered by all buildings and
structures on the lot.
(b) SITE COVERAGE, PRINCIPAL means the percentage of the 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 porches.
(c)
SITE COVERAGE, ACCESSORY means the percentage of the lot area which is covered by the
combined area of all accessory buildings and structures and includes uncovered decks.
(d) BUILDING GRADE (as applied to the determination of building height) means the average
level of finished ground adjoining the main front wall of a building (not including an attached
garage), except that localized depressions such as for vehicle or pedestrian entrances need
not be considered in the determination of average levels of finished ground (see Figure 3.4.1).
(e)
BUILDING HEIGHT means the vertical distance between grade and the highest point of a
building excluding a roof stairway entrance, elevator housing, a ventilating fan, a skylight, a
steeple, a chimney, a smoke stack, a fire wall or a parapet wall and a flagpole or similar device
not structurally essential to the building (see Figure 3.4.1 Dimension A.
Figure 3.4.1
Village of Milo Land Use Bylaw No. 397-17
Schedule 3 | 7
Table 3.4.1: Floor Area, Site Coverage and Building Height
LAND USE
DISTRICT
SPECIFIC USE
MINIMUM FLOOR
AREA
MAXIMUM
SITE
COVERAGE
MAXIMUM BUILDING
HEIGHT
m2
ft2
%
m
ft.
Residential
Single unit, dwelling(a)
74.3
800
45(b)
8.5
28
2-unit
74.3
800
45(b)
8.5
28
3-unit and 4-unit
55.7
600
45(b)
8.5
28
Row (interior unit)
55.7
600
45(b)
8.5
28
(end unit)
55.7
600
45(b)
8.5
28
Senior citizen housing
As required by the MPC
40(b)
13.7
45
Manufactured home community
74.3
800
45(b)
8.5
28
Accessory building
n/a
15
4.9
16
All other uses
As required by the Development Authority
Commercial
All uses
n/a
80(b)
10.7
35
Industrial
All uses
n/a
60(b)
10.7
35
Public Institutional
All uses
n/a
50(b)
As required by the
Development Authority
Urban Reserve
Single unit, dwelling(a)
74.3
800
40
8.5
28
Accessory building
n/a
15
4.9
16
All other uses
As required by the Development Authority
(a)
For the purpose of this table, Single unit, dwellings include:
Stick Built dwelling
Manufactured home
Modular home
Moved-in dwelling
(b)
Combined site coverage of principal and accessory buildings
Schedule 4
DEVELOPMENT NOT REQUIRING A PERMIT
Village of Milo Land Use Bylaw No. 397-17
Schedule 4 | 1
Schedule 4
DEVELOPMENT NOT REQUIRING A PERMIT
SECTION 1
DEVELOPMENT NOT REQUIRING A PERMIT
1.1
The following developments shall not require a development permit:
(a)
any use or development exempted under section 618(1) of the MGA;
(b) any use or development exempted by the Lieutenant Governor in Council pursuant to section
618(4) of the MGA;
(c)
telecommunication antenna systems that are regulated by Industry Canada subject to
Schedule 9 - Telecommunication Antenna Siting Protocol;
(d) the completion of a building which was lawfully under construction at the date this bylaw
came into effect provided that the building is completed in accordance with the terms and
conditions of any development permit granted;
(e)
the completion of a building that did not require a development permit under the previous
land use bylaw and which was lawfully under construction provided the building is completed
within 12 months from the date this bylaw came into effect.
1.2
The following developments shall not require a development permit, but must otherwise comply
with all other provisions of this bylaw:
(a)
the maintenance or repair of any building provided that the work does 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 of use of a building;
(c)
the temporary placement or construction of works, plants or machinery (not including
shipping containers) needed to construct a development for which a development permit has
been issued for the period of those operations;
(d) the maintenance or repair of public works, services and utilities on publicly owned or
administered land carried out by or on behalf of federal, provincial, municipal or public
authorities;
(e)
any structure placed on a lot which is 9.2 m2 (100 ft2) or less in area that is not on a permanent
foundation;
(f)
in all districts the erection, maintenance or alteration of a fence, gate, wall, hedge or other
means of enclosure that does not exceed 0.9 m (3 ft.) in height in any front yard and 1.8 m
(6 ft.) in height in any secondary front, rear or side yard;
(g)
in the Industrial land use district, the erection, maintenance or alteration of a fence, gate,
wall hedge, or other means of enclosure that does not exceed 2.4 m (8 ft.) in height in any
rear or side yard;
Schedule 4 | 2
Village of Milo Land Use Bylaw No. 397-17
(h) landscaping that was not required as part of the original development permit;
(i)
any sign listed in Schedule 8, Section 4;
(j)
any satellite dish less than 0.9 m (3 ft.) in diameter;
(k)
temporary outdoor swimming pools and above ground hot tubs;
(l)
the installation of cement or other hard surface material that is not to be covered or partially
covered by a roof or other shelter;
(m) alternative energy, individual;
(n) excavation, grading, stripping, or stockpile provided it is part of a development for which a
development permit has been issued or is addressed in a signed Development Agreement
with the Village of Milo; and
(o) the construction of uncovered decks or patios 0.6 m (2 ft.) or lower to ground level.
If there is a doubt to whether a development is of a kind listed above, the matter
shall be decided by the Municipal Planning Commission.
Schedule 5
GENERAL AND USE SPECIFIC
STANDARDS OF DEVELOPMENT
Village of Milo Land Use Bylaw No. 397-17
Schedule 5 | 1
Schedule 5
GENERAL AND USE SPECIFIC STANDARDS OF DEVELOPMENT
Except for more specific, alternative, or contradictory standards as may be set forth within the Residential Standards
found in Schedule 6 or the Commercial / Industrial Standards found in Schedule 7 the following standards apply to
all uses in all districts.
SECTION 1
STATUTORY PLANS
1.1
Where the policies, rules or procedures indicated in a statutory plan vary, supplement, reduce,
replace or qualify the requirements of this bylaw for a particular district or districts, the policies,
rules or procedures indicated in the statutory plan shall take precedence.
SECTION 2
APPROVAL OF ACCESS
2.1
Location of the access to each development from a public roadway should be shown on the plot
plan submitted with the application for a development permit and is subject to the approval of the
Development Officer or Municipal Planning Commission.
SECTION 3
DEMOLITION OR REMOVAL OF BUILDINGS OR STRUCTURES
3.1
No person shall commence or cause to be commenced the demolition or removal of any building
or structure, or portion thereof, until all necessary permits have been obtained.
3.2
A development permit must be obtained for the demolition or removal of any building or structure
greater than 11.1 m2 (120 ft2) in size.
3.3
Whenever a development permit is issued for the demolition or removal of a building or structure,
it shall be a condition of the permit that the lot shall be cleared, with all debris removed, and left.
in a graded condition upon completion of the demolition or removal to the satisfaction of the
Development Authority.
3.4
When a development permit is to be approved for the demolition or removal of a building or
structure, the Development Authority may require the applicant to provide a cash deposit,
irrevocable letter of credit or other acceptable form of security in such amount as to cover the
costs of reclamation to any public utility or Village property.
3.5
Whenever a demolition or removal of a building or structure is carried out, the property owner
shall, at his own expense, protect any wall, structure, sidewalk or roadway liable to be affected by
such demolition or removal, including those on neighbouring properties, from damage or
displacement. Further, the property owner shall ensure that adequate measures are taken by way
of fencing and screening to ensure public safety.
3.6
The applicant shall be responsible for obtaining all necessary Safety Codes approvals and utility
service disconnections before demolition or removal of buildings or structures.
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Village of Milo Land Use Bylaw No. 397-17
SECTION 4
DESIGN AND ORIENTATION OF BUILDINGS, STRUCTURES AND SIGNS
4.1
The design, character and appearance of buildings, structures or signs shall be consistent with the
intent of the land use district in which the building is located and compatible with other buildings
in the vicinity.
4.2
The Development Authority may regulate the exterior finish of buildings, structures or signs to
improve the quality of any proposed development within any land use district.
4.3
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 limited by the Development
Authority.
4.4
Subject to the requirements of the Safety Codes, the Development Authority may require that
buildings be physically accessible to disabled persons.
4.5
If a building 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 as a condition of development approval.
SECTION 5
DEVELOPMENT OF LANDS SUBJECT TO SUBSIDENCE, UNDERMINING OR FLOODING
5.1
If in the opinion of the Development Authority, land upon which development is proposed is
subject to subsidence, mass wasting, flooding or undermining the Development Authority may
require the applicant to submit a structural building plan prepared and sealed by an engineer,
and/or a slope stability analysis, and/or geotechnical report, and/or flood mapping prepared by an
engineer demonstrating that any potential hazards can be mitigated.
SECTION 6
GRADING AND STORMWATER MANAGEMENT
6.1
The Development Authority may require as a condition of development approval:
(a)
engineered grading and drainage plans for the development and legal survey demonstrating
that engineered grades have been met;
(b) grading and other measures, as appropriate, to control surface drainage, reduce or eliminate
grade difference between adjacent lots, and minimize erosion or slope instability;
(c)
the final grades of the development must be approved by the Development Authority before
the issuance of a building permit;
(d) the applicant is responsible for ensuring adherence to final grades.
6.2
The construction of a retaining wall whenever, in the opinion of the Development Authority,
significant differences in grade exist or will exist between the lot being developed and any adjacent
lot or roadway. Where a retaining wall is required, the applicant shall submit to the Development
Officer plans identifying the design and specifications of development for review and approval by
the accredited Safety Codes Officer.
6.3
Roof and surface drainage shall be directed either to the public roadway fronting the property, or
as approved by the Development Officer, to a rear or side property boundary or as approved in an
engineered stormwater management plan.
Village of Milo Land Use Bylaw No. 397-17
Schedule 5 | 3
6.4
When discharging, storm water connections or sump hoses must be greater than 1.8 m (6 ft.) from
the front property line.
SECTION 7
OFF-STREET PARKING AND LOADING REQUIREMENTS
7.1
The off-street parking and loading requirements and design standards apply to:
(a)
all new buildings and uses; and
(b) the expansion or enlargement of existing buildings or uses.
7.2
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.
Residential Parking Requirements
7.3
Parking areas shall be accessible, designed and delineated in a manner which will provide for
orderly parking.
7.4
Parking areas shall be constructed in a manner which will permit adequate drainage, snow
removal, and maintenance.
7.5
The following shall be used to calculate the off-street parking spaces required for a proposed
development:
Table 5.7.1: Residential Minimum Required Off-street Parking
RESIDENTIAL
Bed and breakfast
1 space per guest room
Boarding or lodging home
1 space per sleeping unit
Child care facility
1 pick-up/drop-off space per 10 children plus 1 space per employee
Dwellings:
- All Single-unit dwellings(a)
2 spaces per dwelling unit
- 2-unit, 3-unit, 4-unit
2 spaces per dwelling unit
- Row (more than 4 units)
2 spaces per dwelling unit plus 1 visitor parking space for every 2
dwelling units
Home occupation
1 additional space
Secondary suite
2 spaces
All Other uses
As required by the Municipal Planning Commission
(a)
For the purpose of this table, Single unit dwellings include:
Stick built dwelling
Modular dwelling
Prefabricated dwelling
Ready-to-move dwelling
Manufactured home
Moved in dwelling
7.6
The Municipal Planning Commission may require that parking areas or portions thereof be paved.
7.7
Off-street parking may be located in the front yard.
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Village of Milo Land Use Bylaw No. 397-17
Minimum Required Off-Street Parking
7.8
Tables 5.7.1 and 5.7.2 shall be used to calculate the minimum number of off-street parking spaces
a use is required to provide.
7.9
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.
7.10
All required parking spaces shall be provided on the same lot as the building or use, except where
the Development Authority may permit off-site parking spaces to be provided on a lot within 152.4
m (500 ft.) of the building or use if, in the Development Authority's opinion, it is impractical to
provide parking on the same lot as the building or use. Where such off-site parking is approved, a
caveat shall be registered against the lot to guarantee the continuous use of the site for parking.
Table 5.7.2: Non-Residential Minimum Required Off-street Parking
USE
MINIMUM PARKING SPACES
PUBLIC
Child care facility
1 space per employee
Clubs or fraternal organization
1 space / 5.1 m2 (55 ft2) of patron use area plus 1 space per employee
Community building
1 space / 5 seating spaces plus 1 space per employee
Cultural facility
1 space / 5 seating spaces plus 1 space per employee
Educational facility or school
3 spaces per classroom
Funeral home
1 space / 46.5 m2 (500 ft2) of GFA or 1 space / 5 seating spaces
Group care facility
1 space per employee
Institutional
1 space / 46.5 m2 (500 ft2) of GFA
COMMERCIAL/INDUSTRIAL
Amusement facility
1 space / 20 m2 (215 ft2) of GFA
Animal care service, small and large
1 space / 46.5 m2 (500 ft2) of GFA
Auto body and paint shop
1 space / 46.5 m2 (500 ft2) of GFA
Automotive sales and service
1 space / 46.5 m2 (500 ft2) of GFA
Bed and breakfast
1 space per guest room
Bulk fuel station
1 space / 46.5 m2 (500 ft2) of GFA
Car wash
1 space per employee
Contractor, general or limited
1 space / 65 m2 (700 ft2) of GFA
Convenience store
1 space / 27.9 m2 (300 ft2) of GFA
Drive-in/drive-through use
1 space / 5.1 m2 (55 ft2) of seating area plus 1 space per employee
Entertainment establishment
1 space / 5.1 m2 (55 ft2) of patron use area plus 1 space per employee
Equipment sales, rental and service
1 space / 65 m2 (700 ft2) of GFA
Financial institution
1 space / 37.2 m2 (400 ft2) of GFA
Funeral home
1 space / 5 seating spaces plus 1 space per employee
Village of Milo Land Use Bylaw No. 397-17
Schedule 5 | 5
Note: GFA is defined as Gross Floor Area.
Barrier-free Parking
7.11
The minimum number of barrier-free parking spaces to be provided for the disabled shall be a
portion of the total number of off-street parking spaces required, in accordance with Table 5.7.3:
Barrier-Free Parking Spaces.
7.12
Each barrier-free parking space for the disabled shall be:
(a)
at least 3.7 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.
7.13
It is recommended that an additional number of spaces be considered when the purpose or use of
the building facilities may cause an increase in the number of seniors or persons with disabilities
who require accessible parking, such as, but not limited to, medical services and restaurants.
Table 5.7.3: Barrier-Free Parking Spaces
Garden centre or greenhouse
1 space / 65 m2 (700 ft2) of GFA
General warehousing and storage
1 space / 65 m2 (700 ft2) of GFA
Golf course
4 spaces per golf hole
Government service
1 space / 46.5 m2 (500 ft2) of GFA
Hotel/motel
1 space per guest room
Intensive horticultural service
1 space / 65 m2 (700 ft2) of GFA
Light industry/manufacturing
1 space / 65 m2 (700 ft2) of GFA
Liquor store
1 space / 37.2 m2 (400 ft2) of GFA
Lumber yard
1 space / 65 m2 (700 ft2) of GFA
Medical health facility
1 space per staff member and 1 space per examination room
Office, business support service
1 space / 46.5 m2 (500 ft2) of GFA
Outdoor storage
As required by the Development Authority
Personal service
1 space / 37.2 m2 (400 ft2) of GFA
Recreation facility
1 space / 27.9 m2 (300 ft2) of GFA
Restaurant
1 space per 4 seats plus employee parking
Retail
1 space / 37.2 m2 (400 ft2) of GFA
Retail, grocery store
1 space / 37.2 m2 (400 ft2) of GFA
Service station/gas bar
1 space / 37.2 m2 (400 ft2) of GFA
Truck transportation/dispatch depot
1 space / 65 m2 (700 ft2) of GFA
Truck wash
1 space per employee
All other uses
As required by the Development Authority
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Village of Milo Land Use Bylaw No. 397-17
Number of parking spaces required for a use
Number of barrier-free spaces required for a use
by persons with disabilities
0-10
0*
11-25
1
26-50
2
51-100
3
for each additional increment of 100
or part thereof
one additional stall
* Development is encouraged to provide at least one barrier-free parking space for use by persons with disabilities.
Loading Space Requirements
7.14
One loading space shall be provided for each loading door.
7.15
The minimum dimensions for a loading space shall be 3.1 m (10 ft.) by 9.1 m (30 ft.) with an
overhead clearance of 3.9 m (13 ft.).
SECTION 8
OFF-STREET PARKING DESIGN STANDARDS
8.1
Off-street parking areas shall be accessible and designed in a manner which will provide for orderly
parking in accordance with the minimum parking space dimensions as found in Table 5.8.1 and
Figure 5.8.1.
8.2
Off-street parking areas shall be constructed in a manner which will permit adequate drainage,
snow removal, and maintenance.
8.3
The Development Authority may require that off-street parking areas or portions thereof be paved
as a condition of approval.
Table 5.8.1: Minimum Parking Space Dimensions
A: Parking Angle
B: Stall Width
C: Stall Depth
D: Aisle Width
Degrees
m
ft.
m
ft.
m
ft.
0
2.4
8.0
6.7
22
3.7
12
30
2.7
9.0
5.5
18
3.5
11
45
2.6
8.5
6.1
20
3.9
13
60
2.6
8.5
6.4
21
5.5
18
90
2.9
9.5
5.6
18.5
7.3
24
Village of Milo Land Use Bylaw No. 397-17
Schedule 5 | 7
Minimum Parking Space Dimensions
Figure 5.8.1
SECTION 9
SITE LIGHTING
9.1
Site lighting may be required as a condition of development and shall be located, oriented and
shielded where it does not adversely affect adjacent properties.
SECTION 10
REFUSE COLLECTION AND STORAGE
10.1
Refuse and garbage shall be kept in a suitably-sized enclosure for each use within each land use
district.
10.2
Refuse and garbage areas shall be effectively screened until such time as collection and disposal is
possible.
10.3
All refuse on any construction site shall be properly screened or placed in an approved enclosure
until removed for disposal.
SECTION 11
SERVICING
11.1
All development shall be required to connect to both the municipal water supply and sewerage
system where the municipal services are, in the opinion of the Municipal Planning Commission,
reasonably available. Where no municipal servicing is reasonably available, development approval
shall be subject to compliance with Regional Health Authority and Alberta Safety Codes standards
for unserviced parcels. Prior to development approval, the applicant shall be required to submit a
soils analysis and report to demonstrate the suitability of the site for on-site septic.
SECTION 12
ALTERNATIVE ENERGY SOURCES
12.1
The Development Authority is authorized to issue development approvals for alternative energy
sources such as, but not limited to, solar panels, heat exchange systems, generators, turbines, etc.
provided that any additional approvals or standards required at the municipal, provincial and/or
federal levels are met or exceeded.
SOLAR COLLECTOR
12.2
A solar collector attached to a wall or roof of a building may be permitted in any land use district
subject to the following:
B
D
A
A: Parking Angle
B: Width Of Stall
C: Depth Of Stall
D: Width Of Aisle
C
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Village of Milo Land Use Bylaw No. 397-17
(a)
A solar collector mounted on a roof:
(i)
may project a maximum of 1.3 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.
(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 2.4 m (8 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.
12.3
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)
A free-standing solar collector or a solar collector mounted to any structure other than a roof
or wall of a building:
(i)
must be located such that it does not create undue glare on neighbouring property or
public roadways; and
(ii)
must not exceed 1.8 m (6 ft.) in height above existing grade.
SMALL WIND ENERGY SYSTEMS
Information Requirements
12.4
An application for a development permit for a proposed small wind energy conversion system
(SWECS) must be completed and submitted to the Development Officer accompanied by:
(a)
a site plan acceptable to the Development Officer indicating the exact location of the SWECS
on the parcel and all buildings and structures, registered easements or right-of-way, and any
overhead utilities, dimensioned to the property lines and drawn to a satisfactory scale;
(b) existing and proposed parking and loading areas, driveways, abutting streets, avenues and
lanes, and surface drainage patterns;
(c)
photographs and/or plans of the proposed SWECS indicating:
rated output in kilowatts;
safety features and noise characteristics;
turbine height;
blade diameter and rotor clearance;
nature and function of over speed controls which are provided; and
estimated lifespan;
(d) specifications on the foundation and/or anchor design, including the location and anchoring
of any guy wires;
(e)
engineered plans, prepared by a professional engineer, for SWECS that are mounted or
attached to any building demonstrating that the building can support the SWECS; and
Village of Milo Land Use Bylaw No. 397-17
Schedule 5 | 9
(f)
any security measures proposed to ensure public safety and security.
Referrals
12.5
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
(d) any other federal or provincial agencies or departments deemed necessary.
General Development Standards
Any SWECS shall be subject to the following general standards:
12.6
The SWECS shall only be allowed in land use districts where listed as a permitted or discretionary
use. SWECS are prohibited in all other districts.
12.7
The SWECS shall be setback from all property lines a distance equal to the height of the system.
12.8
The blade clearance of any SWECS shall not be less than 4.6 m (15 ft.) above grade.
12.9
Any climbing apparatus associated with the SWECS shall be a minimum of 4.6 m (15 ft.) above
grade.
12.10
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.).
12.11
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.
12.12
The SWECS shall not display advertising or other marketing.
12.13
The SWECS shall not be artificially illuminated except as required by a federal or provincial agency
or department.
12.14
The manufacturer's identification, technical, warning, and emergency contact information must
be affixed no lower than 0.9 m (3 ft.) from the base of the tower and not higher than 1.5 m (5 ft.)
from the base of the tower.
12.15
The Development Authority may regulate the maximum number of SWECS permitted on a lot.
12.16
The Development Authority may require as a condition of approval that any SWECS be finished in
a non-reflective matte and in a colour which minimizes the obtrusive impact of the SWECS to the
satisfaction of the Development Authority.
12.17
The Development Authority may require as a condition of approval that any SWECS be surrounded
by a security fence with a lockable gate not less than 1.8 m (6 ft.) in height.
12.18
Prior to the installation of a SWECS the applicant and/or landowner shall obtain:
Schedule 5 | 10
Village of Milo Land Use Bylaw No. 397-17
(a)
all relevant federal and provincial permits and permissions;
(b) an electrical permit, and if applicable, a building permit;
(c)
wire service provider approval for SWECS with a rated output of less than 10 kW that are
proposed to be connected to the grid; and
(d) Alberta Utilities Commission approval for SWECS with a rate output greater than 10 kW that
are proposed to be connected to the grid.
12.19
All components of the SWECS, including any electrical components, shall comply with the Canadian
National Standards and shall bear the appropriate certification marks.
12.20
The SWECS system must be installed by a certified electrical contractor prior to operation.
12.21
Where the SWECS has been inactive for more than six consecutive months the applicant and/or
landowner is required to decommission and remove the system at their expense. If the SWECS is
not decommissioned and removed after six months of inactivity, the Village may undertake
enforcement action.
Decommissioning
12.22
Prior to removal of the SWECS the applicant and/or landowner shall submit documentation to the
Development Officer demonstrating that the system has been disconnected from any electrical
utilities.
12.23
All refuse associated with the decommissioning and dismantling of the SWECS shall be removed
from the property and disposed of appropriately.
12.24
Upon removal of the SWECS the property shall be restored to its pre-construction condition to the
satisfaction of the Development Officer.
Review of Permits
12.25
Village Council shall review the impacts of issuance of permits for Small Wind Energy Systems after
the issuance of 25 development permits for this specific use within the municipality.
SECTION 13
SATELLITE DISHES AND RADIO OR TELEVISION ANTENNA
13.1
In the Residential - R district and the Urban Reserve - UR district:
(a)
satellite dishes greater than 0.9 m (3 ft.) in diameter or radio or television antenna shall be
classified as an accessory structure and shall be placed in the rear or side yard;
(b) satellite dishes greater than 0.9 m (3 ft.) in diameter shall not be mounted or attached to the
roof of any dwelling or accessory building and shall not be illuminated or contain advertising
other than the manufacturer's trademark or logo.
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Schedule 5 | 11
13.2
The Development Authority may approve the installation of a satellite dish on the roof of any
building or portion thereof if, in its opinion, such an installation does not:
(a)
constitute a public safety hazard;
(b) compromise the structural integrity of the building; or
(c)
may be unreasonably obtrusive.
13.3
Radio and television antennas, which are not regulated by Industry Canada, are classified as an
accessory structure. See Schedule 9 for those regulated by Industry Canada.
SECTION 14
SHIPPING CONTAINERS
14.1
Shipping containers shall only be allowed in land use districts where listed as a Permitted or
Discretionary Use Schedule 2. Shipping containers are prohibited in all other districts.
General Standards
Any shipping container shall be subject to the following general standards:
14.2
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).
14.3
There shall be a legal primary use on the property where the shipping container is proposed.
14.4
Shipping containers are permitted to be used for storage only and shall not be used as a building
or a construction material.
14.5
The Development Authority may regulate the maximum number of shipping containers permitted
on a lot.
14.6
The Development Authority may regulate the maximum height of shipping containers.
14.7
The Development Authority may require as a condition of approval that a shipping container(s) be
screened from view or landscaped to make it aesthetically pleasing.
14.8
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.
14.9
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.
14.10
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.
14.11
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.
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Village of Milo Land Use Bylaw No. 397-17
Permanent Shipping Containers
14.12
A permanent shipping container is subject to the following additional provisions:
(a)
the maximum lot coverage and setback requirements for accessory structures in the
applicable land use district;
(b) the shipping container may only be permitted in the secondary front, rear, or side yard; and
(c)
the shipping container shall not display advertising, company logos, names or other
marketing without an approved sign permit.
Temporary Shipping Containers
14.13
A shipping container may be placed temporarily on a construction site for the period of
construction, in any land use district where listed as a permitted or discretionary use with an
approved development permit, subject to the following provisions:
(a)
temporary shipping containers are subject to the standards in subsections 14.2 - 14.11 above;
(b) the shipping container is needed in connection with construction of a development for which
a development permit has been issued;
(c)
the construction site is active (i.e., construction has commenced and is on-going or is about
to commence within one week) -- placement of a shipping container on an inactive
construction site is prohibited;
(d) setbacks for a temporary shipping container shall be as required by the Development
Authority;
(e)
the Development Authority has the authority to determine the maximum amount of time a
shipping container is permitted on a lot; and
(f)
the shipping container shall be removed immediately upon completion of construction or
sooner as may be required by the Development Authority.
Schedule 6
RESIDENTIAL STANDARDS OF DEVELOPMENT
Village of Milo Land Use Bylaw No. 397-17
Schedule 6 | 1
Schedule 6
RESIDENTIAL STANDARDS OF DEVELOPMENT
The following standards are applicable to residential development. Sections 1-10 are applicable to all residential
development types. Sections 11-16 are applicable to specific residential development types.
SECTION 1
ACCESORY BUILDINGS AND STRUCTURES
1.1
Accessory buildings and structures shall be located at least 1.2 m (4 ft.) from the principal building.
1.2
Accessory buildings shall be constructed such that eaves shall be no closer than 0.6 m (2 ft.) from
a side lot line or rear lot line and all drainage is conducted to the appropriate storm drain via the
applicant's own property.
1.3
Accessory buildings or structures shall not to be located in the front yard in relation to the principal
building.
1.4
Quonsets, quonset-style buildings or semicircular metal structures shall not be permitted as
accessory buildings in the Residential - R land use district.
1.5
All moved-in buildings shall be subject to the provisions of this section and the provisions of Section
15.
1.6
Carports attached to an accessory building shall comply with the provisions for accessory buildings.
Carports attached to a principal dwelling or building shall comply with the provisions for principal
dwelling or building.
SECTION 2
EASEMENTS
2.1
All permanent structures shall be located a minimum of 3.1 m (10 ft.), or such greater distance as
required by the Development Authority, from an easement registered for the protection of
municipal water mains and sewer mains or any other infrastructure, as determined by the
municipality.
2.2
No structures shall be located within a registered easement.
SECTION 3
CORNER VISIBILITY
3.1
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, between 0.9 m (3 ft.) and 1.8 m (6 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 m (20 ft.) from the point of
intersection (see Figures 6.3.1 and 6.3.2 where Dimension A = 6.1 m).
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Village of Milo Land Use Bylaw No. 397-17
Figure 6.3.1
3.2
Rear Lane Visibility
The Municipal Planning Commission may impose conditions on a development to ensure that
adequate visibility and safety of both pedestrians and vehicles is maintained for vehicles entering
and exiting rear lanes.
The Municipal Planning Commission may request that a minimum 1.5 m (5 ft.) clear vision triangle
be provided for lots backing onto the intersection of a rear lane and public roadway (see Figure
6.3.2 where Dimension B = 1.5 m).
Figure 6.3.2
Village of Milo Land Use Bylaw No. 397-17
Schedule 6 | 3
SECTION 4
DRIVEWAYS, OFF-STREET PARKING REQUIREMENTS AND DESIGN STANDARDS
4.1
Vehicular access for corner lots shall generally be limited to locations along a minor street or cul-
de-sac.
4.2
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 6.1
m (20 ft.) in width.
4.3
Only one driveway per lot should be permitted for single unit residential developments, including
manufactured homes.
4.4
Driveways shall be a minimum of 3.0 m (10 ft.) and a maximum of 6.1 m (20 ft.) in width, unless
otherwise approved by the Municipal Planning Commission on the basis of merit.
4.5
Driveways shall be a minimum of 3.0 m (10 ft.) from the entrance to a lane (see Figure 6.4.1
Dimension B), and 4.6 m (15 ft.) from the intersection of two public roadways (see Figure 6.4.1
Dimension A).
4.6
Driveways, parking pads or hard surfaced areas (e.g. paving stones, sidewalks) that cover more
than 25 percent of the total lot area require a development permit.
4.7
Refer to Schedule 5, General and Use Specific Standards of Development, Section 8.
Figure 6.4.1
SECTION 5
FENCES
5.1
No fence, wall, hedge or any combination thereof shall extend more than 0.9 m (3 ft.) above the
ground in any front yard area, as illustrated in Figure 6.5.1 labeled as B, without a development
permit approved by the Municipal Planning Commission.
5.2
Fences in the secondary front, rear and side yards shall be 1.8 m (6 ft.) in height or less (see Figure
6.5.1 where Dimension A = 1.8 m).
Schedule 6 | 4
Village of Milo Land Use Bylaw No. 397-17
Figure 6.5.1
5.3
The Development Authority may regulate the material types and colour used for the fence.
Regardless of fence height, barbed wire fencing or unconventional fencing materials, including but
not limited to pallets, used construction materials, etc., as determined by the Development
Authority, are prohibited.
5.4
No portion of a fence, including an associated retaining wall, shall be greater than 0.30 m (1 ft.) in
thickness. Any variance to the thickness of a fence shall be referred to the Municipal Planning
Commission for a decision.
5.5
The construction of a fence should be completed within 12 months of commencement and shall
be finished, where appropriate, by painting or staining the fence.
SECTION 6
DECKS
6.1
A development permit is required for the construction of a deck if it will be greater than 0.6 m
(2 ft.) in height (see Figure 6.6.1).
Figure 6.6.1
Village of Milo Land Use Bylaw No. 397-17
Schedule 6 | 5
6.2
Uncovered decks that do not exceed 0.6 m (2 ft.) in height do not require a development permit
provided they meet the minimum setback requirements for a principal or accessory building.
6.3
All covered decks require a development permit.
6.4
For the purposes of calculating site coverage requirements, where a structure is attached to the
principal building, it shall be deemed part of the principal building and subject to principal building
requirements.
6.5
Decks must be located in a manner such as to preserve the privacy of adjacent properties.
SECTION 7
RETAINING WALLS, GRADING AND DRAINAGE
7.1
The Municipal Planning Commission may require:
(a)
the construction of a retaining wall, including submittal of an engineered design as a
condition of development if significant differences in grade exist or will exist between the lot
to be developed and adjacent parcels;
(b) the provision of engineered grading and drainage plans for the development;
(c)
special grading and/or paving to prevent drainage problems with neighbouring lots as a
condition of a development permit.
SECTION 8
EXTERIOR BUILDING FINISHES
8.1
The Municipal Planning Commission may require that specific finishing materials and colour tones
be utilized to maintain the compatibility of any:
(a)
proposed development with surrounding or adjacent developments;
(b) proposed additions or ancillary structures with existing buildings on the same lot.
SECTION 9
EXPOSED FOUNDATIONS
9.1
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 Municipal
Planning Commission.
SECTION 10
PRIVATE SWIMMING POOLS
10.1
Private swimming pools shall be classified as an accessory structure.
10.2
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.
10.3
Temporary above ground swimming pools and above ground hot tubs do not require a
development permit, but are subject to Safety Codes and may require a building permit.
10.4
Construction of an in-ground swimming pool and swimming pools that are attached to 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;
Schedule 6 | 6
Village of Milo Land Use Bylaw No. 397-17
(b) swimming pools are subject to the setback requirements for accessory structures in the
applicable land use district; and
(c)
swimming pools are subject to the maximum lot coverage requirements for accessory
structures in the applicable land use district.
SECTION 11
HOME OCCUPATIONS
11.1
A home occupation shall be incidental and subordinate to the principal residential use of the
dwelling and shall not change the external appearance or character of the dwelling. There shall
be no business activities associated with the home occupation conducted on the lot outside the
dwelling or accessory structure.
11.2
Allowances for home occupations are intended to foster small-scale business. Home occupations
will be required to relocate to a suitable commercial or industrial district when they become
incompatible with a residential area or become unsuitable as a home occupation.
11.3
A 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.
11.4
The business operator shall be a full-time resident of the dwelling.
11.5
Unless otherwise approved by the Municipal Planning Commission, not more than one home
occupation is permitted on a lot.
11.6
The use must not generate more vehicular or pedestrian traffic and vehicular parking than normal
within the district.
11.7
No offensive noise, vibration, electrical interference, smoke, dust, odors, heat or glare shall be
produced by the use.
11.8
No use shall cause an increase in the demand placed on any one or more utilities (water, sewer,
garbage, etc.) such that the combined total consumption for a dwelling and its home occupation
exceed the normal demand for residences in the area.
11.9
Home occupations shall not include any use that would, in the opinion of the Development
Authority, materially interfere with or affect the use or enjoyment of neighbouring properties.
11.10
Signage advertising a home occupation is limited to one sign located in the structure window up
to a maximum of 0.4 m² (4 ft²) in size and must be approved by the Development Authority.
Signage for a home occupation 2 shall be as approved by the Development Authority.
11.11
The Development Authority may regulate the hours of operation, the number of customer visits,
outdoor storage and screening and landscaping requirements for outdoor storage.
11.12
Any changes to an approved home occupation require the approval of the Development Authority.
11.13
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 transferable to another location or
another person.
Village of Milo Land Use Bylaw No. 397-17
Schedule 6 | 7
11.14
The issuance of a development permit in no way exempts the applicant from obtaining a business
license from the village and any other Provincial approvals that may be required.
11.15
A home occupation development permit may be issued as a temporary development permit that
may be renewed annually or on a timeline specified in the approval by the Municipal Planning
Commission.
11.16
A home occupation shall not be approved where a secondary suite has been developed, unless it
is proven to the satisfaction of the Development Authority that the amount of traffic generated is
limited and adequate parking is available without adversely affecting the neighborhood.
SECTION 12
SECONDARY SUITES / GARDEN SUITES
12.1
A maximum of one secondary suite is permitted on any single detached dwelling lot.
12.2
A secondary suite shall be developed in such a manner that the exterior of the principal building
containing the secondary suite shall appear as a single dwelling.
12.3
The secondary suite shall have full utility services through service connections from the principal
dwelling unit.
12.4
Accessory structures shall not be used as a dwelling unless it is an approved additional secondary
suite unit.
12.5
For a suite above a detached garage, the maximum height to roof peak of the garage shall be 7.5 m
(24.6 ft.), and the accessory suite shall have an entrance separate from the entrance to the garage,
either from a common indoor landing or from the exterior of the structure.
12.6
A secondary suite shall be restricted to a lot occupied by a single detached dwelling. A secondary
suite is prohibited from being constructed within or in conjunction to a duplex, semi-detached
dwelling, multi-attached dwelling or apartment housing.
12.7
A secondary suite above a detached garage shall only be permitted on lots with lanes.
12.8
A secondary unit shall not be located within an accessory structure unless a single detached
dwelling is already erected on the site.
12.9
A secondary suite shall remain accessory to and subordinate to the single detached dwelling and
shall not exceed 72.8 m2 (784 ft2). Shared mechanical rooms and common areas shall be excluded
from the floor area calculation of the secondary suite.
12.10
A secondary suite includes, but not limited to, a food preparation area, counter/cupboard space,
sink, refrigerator, stove or provision of 220 volt wiring and toilet with bathing facilities.
12.11
One on-site parking space shall be provided for each secondary suite in addition to the parking
requirements for the principal dwelling pursuant to the land use bylaw.
12.12
The Development Authority may issue a development permit for a garden suite if the following
standards can be meet and the structure shall:
(a)
be a portable, self-contained, manufactured housing unit;
Schedule 6 | 8
Village of Milo Land Use Bylaw No. 397-17
(b) not be placed on a permanent foundation;
(c)
not be located in a front yard;
(d) not exceed one storey in height;
(e)
not exceed 92.9 m2 (1,000 ft2) in size; and
(f)
be connected to the municipal water and sewer system.
12.13
A secondary suite shall comply with all Alberta Building Code requirements, including but not
limited to fire wall separations, separate accesses to each dwelling unit and separate heating
systems for each dwelling unit.
SECTION 13
MANUFACTURED HOMES
Standards and Requirements Applicable to Manufactured Homes
13.1
Standards of Development - Schedule 4.
13.2
Any special manufactured home development standards adopted by Council.
13.3
Except where noted, all standards, requirements and guidelines shall apply to both single-wide
and double-wide units located in conventional subdivisions or manufactured home parks.
13.4
The Development Officer or Subdivision and Development Authority may require a bond or
irrevocable letter of credit of a minimum $5,000 to a maximum value of up to 50 percent of the
assessed value of the building to ensure the conditions of the development permit for a principal
building are met.
Eligible Manufactured Homes
13.5
New factory-built units.
13.6
Used factory-built units in a good state of repair (to the satisfaction of the Municipal Subdivision
and Development Authority). Any application for a development permit to locate a used
manufactured home:
(a)
shall include recent colour photographs of all elevations including additions; and
(b) may require a personal inspection by the Development Officer to determine the unit's
suitability.
13.7
Canadian Standards Association (CSA) certified units or units bearing the Alberta Building Label.
13.8
Manufactured or mobiles homes bearing the original home certification.
Foundations, Roof Lines and Additions
13.9
All single-wide manufactured homes shall be skirted with compatible materials and satisfactorily
enclosed to the satisfaction of the Development Officer.
13.10
All double-wide units shall be placed on concrete block foundations capable of supporting the
maximum anticipated load in conformity with the provincial building requirements and Canada
Mortgage and Housing regulations.
Village of Milo Land Use Bylaw No. 397-17
Schedule 6 | 9
13.11
Any portion of a concrete block foundation above grade shall be parged unless otherwise finished
with an approved material.
13.12
The maximum height of the exposed portion of a concrete block foundation shall be not more than
0.6 m (2 ft.) above the average finished grade level of the surrounding ground.
13.13
To ensure compatibility of housing types, the variation of roof lines between double-wide
manufactured homes and conventional homes may be limited. Generally, the double-wide unit
should not be more than 0.6 m (2 ft.) higher or lower than an adjacent home, whether
conventional or double-wide. Generally, single-wide units shall not be encouraged to locate
adjacent to or among conventional dwellings.
13.14
All manufactured home additions shall be of a design and finish which will complement the unit.
General Appearance
13.15
The wheels, hitches and other running gear shall be removed from a manufactured home
immediately after the placement of the home.
13.16
The yard area of each lot shall be developed and landscaped.
SECTION 14
MODULAR AND READY-TO-MOVE (RTM) HOMES
Requirements Applicable to Modular Home A and B and RTM Homes
REQUIREMENTS
Modular
Home A
Modular
Home B
RTM
Homes
Factory built unit that meets CSA standards and building code (CSA A-277)
Dwelling is securely fasten and placed on:
Basement
Concrete slab
Concrete strip footing
Pile or pier footing
Minimum roof pitch shall not be less than 4/12
Minimum floor area shall not be less than 79.89 m2 (800 ft2)
Minimum width of dwelling - 7.3 m (24 ft.)
Maximum length of dwelling - 20.0 m (66 ft.)
Maximum height of exposed foundation - 0.6 m (2 ft.)
14.1
The approval authority shall issue a development permit for a modular home A or B or RTM home
provided that:
(a)
the design, character, and appearance (including roof lines/material and exterior finish) of
modular homes shall be consistent with the purpose of the district in which the building is
located and shall take into account any other buildings existing in the vicinity;
Schedule 6 | 10
Village of Milo Land Use Bylaw No. 397-17
(b) to ensure compatibility of housing types, the variation of roof lines between modular homes
or RTM homes and conventional homes may be limited. Generally, dwellings should not be
more than 0.6 m (2 ft.) higher or lower than an adjacent home;
(c)
at the discretion of the Development Officer or the Subdivision and Development Authority,
the exterior finish, colour and roofing material may be stipulated as a condition of approval;
(d) the dwelling shall conform to any architectural controls that may apply.
14.2
As a condition of approval the Development Officer or the Subdivision and Development Authority,
at their discretion, may place other conditions on a development permit including the requirement
that the developer provide landscaping, fencing, address drainage issues, or other such matters it
considers necessary if, in his or its opinion, they would serve to improve the quality or compatibility
of any proposed development.
14.3
The building and the land upon which it is to be located shall be subject to all conditions and
regulations specified for the particular land use district set out in the Land Use Bylaw.
14.4
The building, when completed, shall meet or exceed provincial building requirements.
14.5
The applicant/developer must submit professional building plans illustrating the exterior design,
floor plan, elevations and setbacks.
14.6
The quality of the completed building shall be at least equal to the quality of the other buildings in
the area. If there is any doubt as to the required standards being met, the Development Officer
may refer the application to the Subdivision and Development Authority for a decision.
14.7
The Development Officer or Subdivision and Development Authority may require a bond or
irrevocable letter of credit of a minimum $5,000 to a maximum value of up to 50 percent of the
assessed value of the building to ensure the conditions of the development permit for a principal
building are met.
SECTION 15
MOVED-IN BUILDINGS AND MOVED-IN DWELLINGS
15.1
The building and the land upon which it is to be located shall be subject to all conditions and
regulations specified for the particular land use district set out in the land use bylaw.
15.2
The building shall comply with all provincial and municipal health and fire regulations prior to
occupancy and release of cash deposit.
15.3
The quality of the completed building shall be at least equal to or better than the quality of the
other buildings in the area.
15.4
The requirements of the building shall be established by the Municipal Subdivision and
Development Authority at the time of approval of the application and shall form a part of the
conditions of the development permit.
15.5
A report by the building inspector regarding each application shall be filed before any such
application shall be considered.
Village of Milo Land Use Bylaw No. 397-17
Schedule 6 | 11
15.6
A limit of the time of completion and full compliance with all stipulated requirements shall be
established by the Municipal Subdivision and Development Authority at the time of the approval
of the application.
15.7
The application should be accompanied by recent colour photographs of all elevations of the
moved-in building.
15.8
The Development Officer shall require a minimum of $2,000 in cash to ensure the conditions of
the development permit are met. If the cost to complete the work in the conditions of approval is
greater than the cash deposit, construction may be completed by the town and additional costs
may be charged against the property taxes.
15.9
Return of the posted bond is contingent on the Development Officer verifying the completion of
all the conditions of this schedule and the development permit, such as:
(a)
siding on the structure;
(b) hard surface or gravel in a parking area;
(c)
down spouts for drainage; and
(d) other aspects required in the development permit.
15.10
Should an on-site inspection by the Development Officer be required prior to the moving of the
structure, this will be at the applicant's expense.
SECTION 16
MANUFACTURED HOME COMMUNITY
Prior to the issuance of a Development Permit for a comprehensively planned manufactured home
community, the Development Authority shall receive and adopt by resolution a comprehensive plan for the
community. A Comprehensive Plan shall be in accordance with, but not necessarily limited to, the following:
Parcel Size
16.1
The parcel subject to the development of a comprehensively planned manufactured home
community shall be a minimum 2.0 ha (5 acres) and maximum 4 ha (10 acres).
General and Overall Appearance
16.2
The manufactured home community plan shall incorporate detailed aesthetic considerations such
as:
(a)
substantial landscaping design of the entire park in general, and of individual sites in
particular;
(b) treatment of communal areas, both indoor and outdoor;
(c)
imaginative handling of street furniture such as lamp standards, litter bins, benches, street
signs, and accessories of this nature; and
(d) the community design and subsequent placement of dwellings on lots shall integrate well
with adjoining residential development so as not to be obtrusive.
Schedule 6 | 12
Village of Milo Land Use Bylaw No. 397-17
Servicing Requirements
16.3
An engineer shall be engaged at the expense of the developer to consult with the Village and utility
companies to arrive at a design for all interior servicing, including roads, drainage, grading, sewer,
water, natural gas, telephone, electrical and fire protection.
16.4
All on-site servicing shall be built to the standards and requirements of the Village of Milo and any
applicable utility companies.
16.5
Utility easements as may be required shall be provided within the site, and reasonable access to
these easements shall be granted to the Village Public Works Department and utility companies
for the installation and maintenance of services as required.
Internal Roads
16.6
Internal roads shall be provided in the manufactured home community to allow access to
individual manufactured home lots as well as to other facilities where access is required. A
minimum right-of-way width of 12.2 m (40 ft.) is required for all roads within the development.
16.7
Internal roads shall be privately owned and maintained and form part of the common area and
shall be designed to be compatible with existing municipal roads and public utility systems.
16.8
The internal road system shall provide convenient circulation by the use of local roads and properly
located collector roads within the manufactured home park. Dead-end roads shall be discouraged;
however, where design alternatives are not available, a minimum 16.8 m (55 ft.) radius shall be
provided for turn-around purposes.
16.9
If the public roadway through which access to the manufactured home community is obtained is
paved, then the roads in the manufactured home community shall be paved.
Siting Criteria
16.10
The following distances must be observed in locating a structure within a designated manufactured
home community:
(a)
a minimum of 1.5 m (5 ft.) must separate the manufactured home from the lot lines (front,
rear, and one side yard) except as provided for in a Comprehensive Plan;
(b) a minimum of 5.5 m (18 ft.) one side yard open space must separate individual manufactured
homes (driveways, carports and open porches are allowable in this space);
(c)
the distance between a manufactured home stand and an abutting common area such as a
paved street or walkway or public parking area shall be 3.7 m (12 ft.);
(d) all open porches, carports and accessory buildings shall be set back minimum 4.6 m (15 ft.)
from the front lot line;
(e)
accessory buildings may be located 1.5 m (5 ft.) from the manufactured home side lot line,
provided structures on the adjoining parcel are 3.0 m (10 ft.) away;
(f)
covered decks and porches (walls, roof, etc.) shall be considered part of the principal building
and must meet the stipulated setbacks for the manufactured home;
(g)
any accessory building shall cover not more than 15 percent of the surface area of the
manufactured unit lot, or 55.7 m2 (600 ft2), whichever is less.
Village of Milo Land Use Bylaw No. 397-17
Schedule 6 | 13
(h) The manufactured home units shall cover not more than 40 percent of the total surface area
of the lot.
SECTION 17
TEMPORARY HOUSING DURING RESIDENTIAL CONSTRUCTION
17.1
A recreational vehicle may be placed temporarily on a construction site for the period of
construction in conjunction with an approved development permit, subject to the following
provisions:
(a)
the construction site is active (i.e., construction has commenced and is on-going or is about
to commence within one week) -- placement and occupancy of a recreational vehicle on an
inactive construction site is prohibited;
(b) the Development Authority has the authority to determine the maximum amount of time a
recreational vehicle is permitted on a lot; and
(c)
the recreational vehicle shall be shall not be occupied immediately upon completion of
construction or sooner as may be required by the Development Authority.
SECTION 18
CANNABIS RETAIL STORE
18.1
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 and school grounds / sports fields (public
or private);
(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; or
(d) the boundary of a parcel of land zoned Public - P on the map in Schedule 1 Land Use District.
18.2
A retail cannabis store shall not be approved if any portion of the exterior wall of the store is
located within 150 m (492 ft.) of another retail cannabis store (measured to the exterior wall).
18.3
An application for a development permit must be made to the Development Officer by submitting:
(a) floor plans, elevations and sections of the buildings;
(b) submit verification of the Alberta Gaming and Liquor Commission (AGLC) of eligibility to
obtain a license; and
(c)
a detailed listing and site plan of surrounding business and uses, both on adjacent
(contiguous) parcels and those identified as sensitive sites as outlined in 18.1 within 200 m
(drawn on a high quality and clearly legible site plan with text descriptions).
SECTION 19
CANNABIS PRODUCTION FACILITY
19.1
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.
Schedule 6 | 14
Village of Milo Land Use Bylaw No. 397-17
19.2
The development must be done in a manner where all of the processes and functions are fully
enclosed within a stand-alone building including all loading stalls and docks, and garbage
containers and waste material. The development shall not include an outdoor area for storage of
goods, materials or supplies.
19.3
In addition to the application requirements of the Administration section, an application for a
cannabis production facility must also include a servicing plan for water and wastewater, including
but not limited to the anticipated volumes of water and wastewater capacity required from the
municipal systems.
19.4
The Municipal Planning Commission may require, as a condition of a development permit, a public
utility waste management plan, completed by a qualified professional that includes detail on:
(a)
the incineration of waste products and airborne emissions, including smell;
(b) the quantity and characteristics of liquid and waste material discharged by the facility; and
(c)
the method and location of collection and disposal of liquid and waste material.
Schedule 7
COMMERCIAL / INDUSTRIAL
STANDARDS OF DEVELOPMENT
Village of Milo Land Use Bylaw No. 397-17
Schedule 7 | 1
Schedule 7
COMMERICAL / INDUSTRIAL STANDARDS OF DEVELOPMENT
The following standards are applicable to commercial and industrial development.
SECTION 1
EASEMENTS
1.1
All permanent structures shall be located a minimum of 3.1 m (10 ft.), or such greater distance as
required by the Development Authority, from an easement registered for the protection of
municipal water mains and sewer mains or any other such infrastructure, as determined by the
municipality.
1.2
No structures shall be located within a registered easement.
SECTION 2
CORNER VISIBILITY
2.1
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, 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 m (20 ft.) from the point of
intersection (see Figures 7.2.1 and 7.2.2).
2.2
Rear Lane Visibility
The Municipal Planning Commission may impose conditions on a development to ensure that
adequate visibility and safety of both pedestrians and vehicles is maintained for vehicles entering
and exiting rear lanes.
The Municipal Planning Commission may request that a minimum 1.5 m (5 ft.) clear vision triangle
be provided for lots backing onto the intersection of a rear lane and public roadway.
SECTION 3
LANDSCAPING AND SCREENING
3.1
A landscaping plan shall be submitted with the development permit application for any principal
use. The Development Authority may require that a landscaping plan be prepared by a
professional. An irrigation plan may also be required.
3.2
Within the front setback and secondary front setback, a minimum landscaped strip of 3.0 m (10 ft.)
in width along the entire lot frontage (excepting driveways, sidewalks, and walkways) is required.
The strip shall be comprehensively landscaped to the satisfaction of the Development Authority.
3.3
The Development Authority may require the prescribed minimum 7.6 m (25 ft.) setback between
an industrial and residential use to be landscaped and/or fenced depending on the intensity of the
proposed use.
Schedule 7 | 2
Village of Milo Land Use Bylaw No. 397-17
3.4
Development along Highway 542 may be subject to enhanced landscaping standards to ensure
attractive development adjacent to entryways into the community.
3.5
Off-street parking lots shall be landscaped and/or screened to the satisfaction of the Development
Authority.
3.6
Where off-street parking is adjacent to a residential use, the Development Authority may require
a minimum 3.0 m (10 ft.) landscaped buffer between the property line and the adjacent use.
3.7
Where an industrial lot is adjacent to a residential use, all mechanical equipment shall be
concealed by fencing and/or landscaping to the satisfaction of the Development Authority.
3.8
Landscaping shall consist of any combination of the following to the satisfaction of the
Development Authority:
(a) vegetation (e.g. trees, shrubs, lawn, flowers);
(b) ground cover (e.g. large feature rocks, bark chip, field stone, crushed rock, or other similar
features);
(c)
buffering (e.g. berming, terracing, paving stones);
(d) outdoor amenity feature (e.g. benches, walkways, raised planters);
(e)
innovative landscaping features, as approved by the Development Authority.
3.9
No cottonwood tree of any species or variety shall be planted in the municipality.
SECTION 4
FENCING
4.1
No fence, wall, gate, hedge or other means of enclosure shall extend more than 2.4 m (8 ft.) in
height in any side or rear yard. A fence, wall, gate, hedge or other means of enclosure that exceeds
0.9 m (3 ft.) in height within a front yard or secondary front yard requires approval by the
Development Authority.
4.2
The use of barbed wire below a height of 1.8 m (6 ft.) is not permitted.
4.3
The use of razor wire is not permitted.
4.4
Fencing shall not be permitted to be constructed within any developed or undeveloped roadway
or laneway right-of-way. Removal of such fencing will be at the property owner's expense.
4.5
Where a permit is required for fencing, the Development Authority may regulate the material
types and colours used for the fence.
4.6
Refer also to Section 2, for clear vision triangle requirements.
SECTION 5
OFF-STREET PARKING REQUIREMENTS AND DESIGN STANDARDS
5.1
Refer to Schedule 5, General and Use Specific Standards of Development, Section 8.
Village of Milo Land Use Bylaw No. 397-17
Schedule 7 | 3
SECTION 6
OUTDOOR DISPLAY AND STORAGE
6.1
Temporary outdoor display of goods, materials, and equipment for advertising and sale purposes
may be permitted in the front yard provided the display is not located within any required
landscape area or buffer.
6.2
The Development Authority may impose conditions related to screening, buffering or landscaping
of any outdoor display areas.
6.3
Outdoor storage areas shall not be permitted within the front setback of 7.6 m (25 ft.) nor in the
side setback of 3.0 m (10 ft.).
6.4
Outdoor storage areas adjacent to a residential lot shall be effectively screened by an opaque fence
of at least 1.8 m (6 ft.) in height or other suitable screening to the satisfaction of the Development
Authority.
SECTION 7
MITIGATION OF IMPACTS FROM NOISE, ODOUR, VIBRATION AND AIR QUALITY
7.1
Where, in the opinion of the Development Authority, a development has the potential to create
negative impacts on adjacent uses and/or nearby residential development in the form of noise,
odour, vibration and/or air quality, 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.
7.2
A mitigation plan may be attached as a condition of approval as well as any other measures
deemed necessary by the Development Authority to mitigate impacts pursuant to subsection 7.1
above.
SECTION 8
ACCESORY BUILDINGS
8.1
Accessory buildings shall be located at least 1.2 m (4 ft.) from the principal building.
8.2
Accessory buildings shall be constructed such that eaves shall be no closer than 0.6 m (2 ft.) from
a side lot line or rear lot line and all drainage is conducted to the appropriate storm drain via the
applicant's own property.
8.3
Accessory buildings or structures shall not to be located in the front yard in relation to the principal
building.
SECTION 9
MOVED-IN BUILDINGS
9.1
The building and the land upon which it is to be located shall be subject to all conditions and
regulations specified for the particular land use district.
9.2
The building shall comply with all provincial and municipal health and fire regulations prior to
occupancy and release of cash deposit. A report by a building inspector regarding each application
shall be filed before any such application shall be considered by the development authority.
9.3
The quality of the completed building shall be at least equal to or better than the quality of the
other buildings in the area.
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Village of Milo Land Use Bylaw No. 397-17
9.4
The requirements of the building shall be established by the Municipal Planning Commission at the
time of approval of the application and shall form a part of the conditions of the development
permit.
9.5
A limit of the time of completion and full compliance with all stipulated requirements shall be
established by the Municipal Planning Commission at the time of the approval of the application.
9.6
The application should be accompanied by recent colour photographs of all elevations of the
moved-in building.
9.7
The Development Officer may require a minimum of $2,000 for moved in buildings and a minimum
$5,000 for moved-in dwellings in cash to ensure the conditions of the development permit are
met. If the cost to complete the work in the conditions of approval is greater than the cash deposit,
construction may be completed by the Village and additional costs may be charged against the
property taxes.
SECTION 10
SURVEILLANCE SUITES
10.1
A development permit for a surveillance suite will only be issued if the surveillance suite is clearly
compatible with and subordinate to the principal use of the subject parcel. Moreover, in the
opinion of the Development Officer or Municipal Planning Commission, as the case may be, the
placement of a surveillance suite shall be compatible with all existing, principal development/land
uses on adjacent properties and shall not interfere with future principal development/land uses of
adjacent properties.
10.2
Where a surveillance suite is attached to the building on a site by a roof, an open or enclosed
structure, floor or a foundation, it is to be considered a part of the principal building.
10.3
The minimum and maximum floor area of any detached surveillance suite shall be 50 m2 (538 ft2)
and 102 m2 (1098 ft2) respectively.
10.4
Where a surveillance suite is a manufactured home unit, the following shall apply:
(a)
the unit shall have a CSA certification or equivalent, proof of which shall accompany the
development permit application;
(b) the unit shall be secured and skirted to the satisfaction of the Development Officer or
Municipal Planning Commission, as the case may be.
SECTION 11
GAS BARS, SERVICE STATIONS AND BULK FUEL STATIONS
11.1
Notwithstanding the District Regulations, a use pursuant to this section shall not be located on
sites, which, in the opinion of the Development Authority, would be considered unsafe in terms of
vehicle circulation, and access and egress from the site.
Site Area (Minimum)
11.2
Site Area (Minimum):
(a)
Gas bar: 1,200 m2 (12,917 ft2);
(b) Service station: 1,500 m2 (16,146 ft2);
(c)
Gas bar or service station including car wash: 2,700 m2 (29,063 ft2);
Village of Milo Land Use Bylaw No. 397-17
Schedule 7 | 5
(d) Where a service station or gas bar forms part of a shopping centre, the area containing the
service station or gas bar buildings and pump areas: 1,000 m2 (10764 ft2);
(e)
Where a service station or gas bar is combined with a convenience store: 1,200 m2 (12,917
ft2);
(f)
Bulk fuel station: 2,700 m2 (29,063 ft2).
Setback of Buildings and Structures
11.3
The Provincial Plumbing and Gas Safety Services Branch shall approve the proposed location(s) and
design of all fuel storage tanks prior to application for a development permit.
11.4
Fuel storage tanks shall have the following setbacks from any property lines, abutting masonry
building walls, drainage basins and ditches:
Total Tank Capacity Setback
Up to 7,500 litres
3.0 m (10 ft.)
7,501 to 19,000 litres
5.0 m (16.5 ft.)
19,001 to 38,000 litres
7.6 m (25 ft.)
Over 38,000 litres
10.5 m (34.5 ft.)
Tanks located on property within a Flood Hazard Area shall be flood proofed to the satisfaction of
the Development Authority.
11.5
The ventilation tank pipes shall have a minimum height of 3.5 m (11.5 ft.) from grade, and a
minimum setback of 0.9 m (3 ft.) from any property line. In cases where the ventilation tank pipes
are abutting to a building opening, the setback requirement shall be a minimum on 1.2 m (4 ft.).
11.6
The ventilation tank pipes shall have a minimum setback of 7.6 m (25 ft.) from any fuel-dispensing
unit.
11.7
The minimum front yard requirements shall be as prescribed in the District in which the use is
located but in no case shall be less than 3.0 m (10 ft.).
11.8
The minimum side and rear yard setbacks shall be as prescribed in the District in which the use is
located.
11.9
Yard setbacks shall apply to all above ground structures, including gas pump canopies.
Site and Building Requirements
11.10
All parts of the site to which vehicles may have access shall be hard-surfaced if the property is
accessed from a paved public road or lane, and drained to the satisfaction of the Development
Authority.
11.11
A minimum of 10 percent of the site area of a Gas Bar and Service Station under this section shall
be landscaped to the satisfaction of the Development Authority.
11.12
The removal of tanks requires a demolition permit from the Development Authority.
11.13
The maximum building coverage for a use under this section shall be 25 percent of the site area.
Schedule 8
SIGN REGULATIONS
Village of Milo Land Use Bylaw No. 397-17
Schedule 8 | 1
Schedule 8
SIGN REGULATIONS
Except as stated in Section 4 (Signs Not Requiring a Permit) below, no sign shall be erected on land or affixed to any
exterior surface of a building or structure unless a development permit for this purpose has been issued by the
Development Authority.
SECTION 1
SIGNS PERMITTED BY LAND USE DISTRICT
1.1
In the Commercial - C, Industrial - I, and Public - P district two signs fronting each street bounding
the property are permitted subject to the provisions of this Schedule. Such sign may be either a
business or an identification sign, and may be selected from the following types:
(a)
canopy,
(b) fascia, or
(c)
freestanding sign.
Temporary signs not exempted in Section 4 or mural signs must be applied for separately on a case
by case basis.
SECTION 2
PROHIBITED SIGNS
2.1
Signs which employ revolving, flashing or intermittent lights, or lights resembling emergency
services, traffic signals, railway crossing signals, hazard warning devices or other similar lighting
but does not include changeable content, sign projection styles or animation.
2.2
Signs which emit amplified sounds or music.
2.3
In any non-residential district, signs that employ changeable content, animation or pictorial scenes
at a luminosity, intensity and/or interval which may create a public hazard or nuisance are
prohibited.
2.4
Any signs located within the public right-of-way or on public property, except for signs approved
by the Village of Milo, which may include: canopy signs, projecting signs and temporary signs or
signs approved by the Province of Alberta or Federal Government.
2.5
Signs that are attached to or appearing on any vehicle or trailer which is parked on a public right-
of-way or any other public lands or on private land that is located adjacent to a public right-of-way
with the intent/purpose of displaying the sign to motorists and the public for any period of time
excepting signs for special events organized by a non-profit association, group or organization for
a display time period not to exceed 24 hours.
2.6
Any sign which has not obtained a development permit or any sign which has not been deemed
exempt from the requirement of obtaining a development permit as per this sign schedule (see
Section 4 - Signs Not Requiring a Permit).
Schedule 8 | 2
Village of Milo Land Use Bylaw No. 397-17
2.7
Billboards and roof signs are not permitted in the Village of Milo.
SECTION 3
GENERAL STANDARDS AND REGULATIONS FOR ALL SIGNS
3.1
Unless otherwise specified, a Development Permit application is required for all signs.
3.2
The Development Officer may refer any Development Permit application for a sign to the Municipal
Planning Commission for a decision.
3.3
All signs shall be compatible with the general character of the surrounding streetscape and the
architecture of nearby buildings.
3.4
All signs shall be of quality construction and of a design suitable for public display and all signs shall
be maintained in good repair and a safe and tidy manner.
3.5
No sign shall be placed in a public road or laneway or sited in such a manner that the sign causes
confusion with or obstructs the vision of any information sign or a traffic control sign, signal, light
or other traffic device.
3.6
Any sign which creates a traffic or pedestrian hazard either due to its design or location shall not
be permitted.
3.7
A sign shall be located entirely within the subject lot unless prior written approval granting
permission for the sign to overhang another property is submitted to the Village by the affected
property owner.
3.8
Sign alterations (e.g. change in size, shape, type, illumination, sign projection style, etc.) shall not
be made without first obtaining the required permits or written authorization.
3.9
In all cases, the required distance from overhead power and service lines, as set forth in the
Electrical Protection Act, shall be maintained.
3.10
A sign shall not be attached to a public bench, light standard, utility pole or any other publicly
owned structure or building without prior written authorization from the Development Authority.
3.11
The source of light for all sign illumination shall be steady and suitably shielded.
3.12
The following rules apply to all types of signs on municipal property:
(a)
no signs shall be located on, erected on, or attached to municipal property, buildings or
structures unless permission is granted in writing from the Village;
(b) if permission is granted for a sign to be located on, erected on, or attached to municipal
property, buildings or structures, the sign type shall comply with all applicable sign
regulations contained within this Land Use Bylaw;
(c)
any sign located on, erected on, or attached to municipal property without authorization
from the Village, may be removed without notice.
3.13
Any abandoned sign shall be removed at the property owner's expense. If abandoned signs are
not removed the Village may remove the sign.
Village of Milo Land Use Bylaw No. 397-17
Schedule 8 | 3
3.14
Non-compliance with any regulation of this Bylaw may result in the Village removing a sign without
notice and any cost associated with its removal may be charged to the sign owner. A sign recovery
charge of $200 will be required prior to the return of the sign to the owner.
SECTION 4
SIGNS NOT REQUIRING A PERMIT
The following signs do not require a sign permit, but shall otherwise comply with this Bylaw and be suitably
maintained to the satisfaction of the Development Authority.
4.1
Construction signs which do not exceed 2.9 m2 (32 ft2) in area provided such signs are removed
within 14 days of the completion of construction.
4.2
Banner signs which are displayed for a period of time not exceeding 30 days.
4.3
Signs, notices, placards, or bulletins required to be displayed:
(a)
in accordance with the provisions of federal, provincial, or municipal legislation;
(b) by or on behalf of the federal, provincial, or municipal government;
(c)
on behalf of a department, a commission, a board, a committee, or an official of the federal,
provincial, or municipal government.
4.4
Any traffic or directional and informational signage erected by the Village, Province of Alberta or
Federal government.
4.5
Municipal signs for municipal purposes (e.g. traffic or directional information signage, community
service bulletin board signs, etc.).
4.6
Residency identification signs which state no more than the name and/or address of the person(s)
occupying the lot, provided the sign is no greater than 0.4 m2 (4 ft2) in area.
4.7
Entrance or exit signs used for the purpose of directing traffic providing:
(a)
those signs that do not display any advertising message, other than a business logo;
(b) the sign area does not exceed 0.9 m2 (10 ft2) in area; and
(c)
the sign height does not exceed 1.2 m (4 ft.).
4.8
A-board signs (see Figure 8.4.1) where the owner of the sign submits written authorization from
the owner of the land where the sign is to be located and where the sign is removed from that
location on a daily basis.
Schedule 8 | 4
Village of Milo Land Use Bylaw No. 397-17
Figure 8.4.1
4.9
The alteration of a sign which only includes routine maintenance, painting or change in face,
content or lettering and does not include modification to the sign structure or projection style.
4.10
All signs for public buildings except for freestanding signs, and any signs that contain
movement/motion (i.e. rotate, etc.), or employ animation or changeable content, which shall
require the approval of the Municipal Planning Commission.
4.11
Real estate signs, provided all such signage is removed within 30 days after the sale or lease of the
premises upon which the sign is located.
4.12
Real estate open house A-board signs provided they are removed within 24 hours of the open
house.
4.13
On-premises directional and informational signage and incidental signs 0.4 m2 (4 ft2) or less in area.
4.14
Any window sign painted on, attached to or installed on a window provided that no more than 50
percent of the subject window area is covered.
4.15
Political poster signs provided all such signage is removed within 5 days after the closing of the
polling stations for the relevant election or plebiscite and comply with the following requirements:
(a)
signs cannot emit sound, use video features or be illuminated;
(b) signs shall be maintained in a condition that is neat and shall not be unsightly or dangerous;
(c)
signs shall not interfere with the safe and orderly movement of pedestrians or vehicles, or
restrict the sight lines for pedestrians or motorists;
(d) signs shall not exceed 0.9 m2 (10 ft2) in area, 1.2 m (4 ft.) in height, and be self supporting;
(e)
signs shall not be posted for more than 60 days; and
(f)
signs shall be a minimum of 3.0 m (10 ft.) from any road access and a minimum of 4.6 m
(15 ft.) from any intersection.
4.16
One temporary portable sign per parcel located on site not more than 14 days.
Village of Milo Land Use Bylaw No. 397-17
Schedule 8 | 5
SECTION 5
SIGN PERMIT APPLICATION REQUIREMENTS
5.1
A development permit for a sign shall be made to the Development Authority by an applicant, a
landowner, or someone that has been authorized by the landowner (i.e. agent) to submit a
development permit application, on a completed application form.
5.2
An application for a development permit to erect, place, alter or relocate a sign shall also be
accompanied by:
(a)
the name and address of:
the sign manufacturer or company, and
the lawful sign owner;
(b) a letter of authorization from the affected registered property and/or building owner (if the
applicant is not the landowner).
5.3
The Development Authority may require any additional information deemed necessary to evaluate
a Development Permit application for a sign, but generally, an application for a permit to erect,
place, alter or relocate a sign shall be made to the Development Authority and shall be
accompanied by photographs and/or drawings, to an appropriate scale, showing where applicable:
(a)
the location of all existing and proposed sign(s);
(b) the size, height, and area of the proposed sign(s), including any supporting structures;
(c)
details with respect to the sign content (i.e. wording/lettering, text, message, graphics, etc.);
(d) the colour and design scheme;
(e)
material specifications;
(f)
the location of the property boundaries of the parcel upon which the proposed sign(s) is to
be located;
(g)
all utility rights-of-way, access easements and any other related encumbrances;
(h) the location of existing building(s) on the site;
(i)
the type of illumination, animation and/or changeable content, if any, and details with
respect to the proposed luminosity intensity and/or interval;
(j)
the details regarding the extent of the projection if a sign is to be attached to a building; or
(k)
the location of all landscaping if the proposed sign is freestanding.
SECTION 6
DISPLAY STYLES AND ILLUMINATION
Display Styles
6.1
The content of any sign type (e.g. temporary, freestanding, etc.) may be displayed using one or a
combination of more than one of the following display styles:
(a)
Lettering/Logo: means the sign content contains simple wording, lettering, logo or graphics
that are not animated, moving or cannot be changed automatically;
(b) Animation: means the sign content or a portion of the sign content contains action or motion,
including lighting changes, special effects or pictures, but does not mean changeable content;
Schedule 8 | 6
Village of Milo Land Use Bylaw No. 397-17
(c)
Changeable Content: means the sign content or a portion of the sign content changes
automatically through electronic and/or mechanical means;
(d) Movement/Motion: means the sign, sign content or a portion of the sign conveys its message
to the public through the movement or motion of its mechanical parts. Typical signs using
this projection style include rotating signs.
6.2
Any change in display style requires the submission of a new development permit application.
Illumination
6.3
Any sign may be considered illuminated if it is lighted by or exposed to artificial lighting either by
lights on or in the sign or directed toward the sign. Illuminated signs are regulated by the Land
Use Bylaw.
SECTION 7
TEMPORARY SIGNS
7.1
All temporary signs require a development permit except those signs exempted in subsection 4.2
and will be valid for a period of no longer than 60 days.
7.2
Once the permit has expired for a temporary sign at a location address, re-application for another
temporary sign on the same site shall not occur until 30 days has elapsed from the expiration of
the previously approved permit or 30 days from the date at which the temporary sign is removed,
whichever is the later of the two dates.
7.3
No posters or signs shall be placed on:
(a)
any public utility such as a power pole,
(b) municipal, provincial or federal signage.
7.4
Temporary signs shall not be projected using animation, digital or electronic changeable copy.
7.5
The Development Authority must only approve the location of the temporary sign on the premises
after having given due consideration for the location of power supply, sight lines visibility, parking
pattern on the site and/or any other site specific development constraints that the Development
Authority considers relevant.
7.6
All temporary signs shall be located within the property lines of the location address shown on the
development permit application. At the discretion of the Municipal Planning Commission
temporary signs may contain off-premises sign content as defined in Section 12.
7.7
The Development Authority may require the posting of a security with the Village to ensure
compliance with any and all conditions of approval and the removal of the sign on or before the
date of expiry of the permit.
7.8
No temporary sign (including electrical cords) shall be placed on or extend over or project into any
municipal property or beyond the boundaries of the private lot or premises upon which it is sited
without the written authorization of the Development Authority.
7.9
The copy area of a temporary sign shall not exceed 3.7 m2 (40 ft2).
Village of Milo Land Use Bylaw No. 397-17
Schedule 8 | 7
SECTION 8
FREESTANDING SIGNS
8.1
All freestanding signs require a development permit except those signs exempted in Section 4.
8.2
Freestanding signs shall have a minimum separation distance of 30.0 m (98 ft.) for those signs
located on the same side of a roadway.
8.3
Except for monument signs, the maximum height of a freestanding sign shall be 6.1 m (20 ft.) with
a minimum clearance from the bottom of the sign to the ground of 3.05 m (10 ft.) (see Figure 8.7.1
where Dimension A =6.1 m and Dimension A minus C = 3.05 m). Minimum clearance does not
apply to pylon signs.
8.4
The total sign area for each face shall not exceed 7 m2 (75 ft2). Sign area is depicted in Figure 8.8.1
as dimension B multiplied by dimension C.
Figure 8.8.1
Billboard Signs
8.5
Billboards are not permitted in the Village of Milo.
SECTION 9
FACSIA SIGNS
9.1
All fascia signs require a development permit except those signs exempted in Section 4.
9.2
The total maximum sign area permitted for fascia signs is 20 percent of the area formed by each
building face or bay. For large walls, no fascia sign shall exceed a maximum coverage size of 9.3 m2
(100 ft2).
9.3
A fascia sign shall not project more than 0.3 m (1 ft.) from the face of a building.
Schedule 8 | 8
Village of Milo Land Use Bylaw No. 397-17
Figure 8.9.1
9.4
A fascia sign shall not be located above any portion of a street, or project over public property,
unless the fascia sign maintains a minimum clearance from grade of 2.4 m (8 ft.) and the maximum
projection shall be no greater than 0.3 m (1 ft.).
Window Signs
9.5
In all other districts, a window sign painted on, attached to or installed on a window may cover no
more than 50 percent of the subject window area.
Mural Signs
9.6
All mural signs require a development permit except those signs exempted in Section 4.
9.7
No more than one mural sign shall be allowed per building unless specifically authorized by the
Municipal Planning Commission.
9.8
The location, theme, construction materials and size associated with the mural shall be to the
satisfaction of the Development Authority.
9.9
The mural must be a painting or other decorative work (artistic rendering/scene) and no mural
shall be created to solely display a commercial message or depiction.
9.10
The Development Authority may require that the mural content be reflective of the Village's
history and/or heritage.
9.11
Display of text, including a business name or commercial message, within a mural shall not exceed
10 percent coverage of the wall surface area, up to a maximum coverage size of 9.3 m2 (100 ft2).
SECTION 10
PROJECTING SIGNS
10.1
All projecting signs require a development permit except those signs exempted in Section 4.
10.2
Projecting signs shall be placed:
(a)
at right angles to the building face to which they will be attached; or
(b) in the case of corner sites, placed at equal angles to the building faces that form the corner.
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Schedule 8 | 9
10.3
Projecting signs shall have a minimum vertical clearance of 2.4 m (8 ft.) measured between the
lower sign edge and grade and shall not project more than 0.9 m (3 ft.) from the surface of the
building to which it is attached.
10.4
The maximum allowable height for a projecting sign, measured from the top of the sign to grade,
shall not exceed the lesser of:
(a)
the height of the eave line or roof line;
(b) 6.1 m (20 ft.); or
(c)
to the satisfaction of the Development Authority.
Canopy Signs
10.5
All canopy signs require a development permit except those signs exempted in Section 4.
10.6
No part of a canopy sign shall project more than 1.2 m (4 ft.) over a public sidewalk or within 0.9 m
(3 ft.) of a curb adjoining a public roadway and shall be mounted no less than 2.4 m (8 ft.) above
grade.
10.7
A canopy sign or any physical supports for the sign shall not extend beyond the lateral or vertical
dimensions of the canopy or its apron.
Figure 8.10.1
10.8
Approval of any canopy signage overhanging public land under the sign regulations is conditional
upon the owners and/or occupiers of the premises upon which said sign is located entering into
an encroachment and hold harmless agreement with the Village of Milo. The agreement may be
registered on title.
10.9
The copy area of the sign shall not exceed 50 percent of the exposed edge or face of the canopy,
awning or marquee.
Roof Signs
10.10
Roof signs are not permitted in the Village of Milo.
Schedule 8 | 10
Village of Milo Land Use Bylaw No. 397-17
SECTION 11
OTHER SIGNS
11.1
When a sign cannot be clearly categorized as one of the sign types as defined in this bylaw, the
Development Authority shall determine the sign type and any and all applicable controls.
SECTION 12
SIGN DEFINITIONS
12.1
For the purpose of the Land Use Bylaw and this Schedule, the following definitions apply:
ABANDONED SIGN means a sign which advertises or identifies an activity, business, owner,
product, lessee or service which no longer exists or a sign for which no legal owner can be found.
A-BOARD means a temporary portable sign which is set on the ground, built of two similar pieces
of material and attached at 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.
ANIMATION means a projection style where action or motion is used to project sign content,
including lighting changes, special effects or pictures, but does not include changeable content.
AWNING means an adjustable or temporary roof-like covering fitted over windows and doors and
used for shelter, advertising or decoration. See CANOPY SIGN.
BANNER SIGN means a temporary sign that is made of lightweight material intended to be secured
to the flat surface of a building or structure, at the top and the bottom on all corners, excluding
official flags and emblems.
BILLBOARD SIGN means a structure constructed to provide a medium for advertising where the
subject matter is not necessarily related to a use at or around the parcel on which the billboard is
located and where the copy can be periodically replaced.
CANOPY means a permanent fixture fitted over windows and doors and used for shelter,
advertising or decoration.
CANOPY SIGN means a projecting sign that is mounted, painted or otherwise attached to an
awning, canopy or marquee.
CHANGEABLE CONTENT means sign content which changes automatically through electronic
and/or mechanical means and may include typical features such as an electronic message centre
or time and temperature unit.
CONSTRUCTION SIGN means a temporary sign which is placed on a site to advertise items such as
the provision of labour, services, materials or financing on a construction project.
DIRECTIONAL AND INFORMATION SIGN means a sign the message of which is limited to providing
direction guidance, distance, facility or similar information and which may contain a name or logo.
FASCIA SIGN means a sign attached across the face of the building, located approximately parallel
thereto, in such a manner that the wall becomes the supporting structure for, or forms the
background surface of the sign, which does not project more than 0.3 m (1 ft.) from the building.
Village of Milo Land Use Bylaw No. 397-17
Schedule 8 | 11
FREESTANDING SIGN means a sign supported independently of a building, wall, or other structure
by way of columns, uprights, braces, masts or poles mounted in or upon grade.
HOME OCCUPATION SIGN means a sign advertising a home occupation approved under the Land
Use Bylaw.
LUMINOSITY means the measurement of brightness.
MULTI-TENANT SIGN means any freestanding sign that contains sign content that advertises more
than one tenant and/or business.
MURAL SIGN means any picture, scene, graphic or diagram displayed on the exterior wall of a
building for the primary purpose of decoration or artistic expression and not created to solely
display a commercial message or depiction.
OFF-PREMISES SIGN means any type of sign that may contain sign content that advertises or
otherwise identifies a service, product or activity conducted, sold or offered at a location other
than the premises on which the sign is located.
OFF-PREMISES SIGN CONTENT means sign content which advertises or otherwise identifies a
service, product or activity conducted, sold or offered at a location other than the premises on
which the sign is located.
ON-PREMISES SIGN CONTENT means sign content which advertises a service, product or activity
conducted, sold or offered on the property that the sign is located.
OVERHANGING means that which projects over any part of any street, lane or other municipally
owned property.
POLITICAL POSTER SIGN means a temporary sign announcing or supporting candidates or issues
in any election or plebiscite.
PORTABLE SIGN means a temporary sign that is not permanently affixed to a building, structure,
or the ground.
PROJECTING SIGN means a sign other than a canopy sign or fascia sign which is attached to and
projects, more than 0.3 m (1 ft.) horizontally from a structure or building face.
REAL ESTATE SIGN means a sign advertising real estate (i.e. property) that is for sale, for lease, or
for rent or for real estate that has been sold.
RESIDENCY IDENTIFICATION SIGN means a sign located on a lot in a residential district that
provides for the name and/or address of the owner or occupant of a dwelling.
ROOF SIGN means any sign erected upon, against, or directly above a roof or on top of or above
the parapet of a building.
ROTATING SIGN means a sign or portion of a sign which moves in a revolving manner.
Schedule 8 | 12
Village of Milo Land Use Bylaw No. 397-17
SHINGLE SIGN means a small projecting sign which is suspended from a mounting attached directly
to the building wall. Shingle signs are generally placed perpendicular to the face of a building and
are typically found in pedestrian oriented environments such as a downtown and/or historic
district. See PROJECTING SIGNS.
SIGN means a lettered board or other public display intended for the advertising or calling
attention to any person, business, matter, object or event.
SIGN ALTERATION means the structural and/or projection style modification of a sign but does not
include the routine maintenance, painting or change in face, content, copy or lettering.
SIGN AREA means the entire area within a single continuous perimeter enclosing the extreme
limits of a sign and in no case passing through or between any adjacent elements of same.
However, such perimeter shall not include any structural elements lying outside the limits of such
sign and not forming an integral part of the display.
SIGN CONTENT means the wording/lettering, message, graphics or content displayed on a sign.
SIGN CONTENT AREA means the entire area within a single straight line geometric figure or a
combination of squares or rectangles that will enclose the extreme limits of the advertising
message or announcement including decorations related to the specific nature of the advertising
message or announcement.
SIGN DISPLAY STYLE means the method by which the sign content is conveyed to the viewer (e.g.
lettering/logo, animation, changeable content, movement/motion).
SIGN HEIGHT means the vertical distance measured from the highest point of the sign or sign
structure to the finished grade.
SIGN ILLUMINATION means the lighting or exposure of a sign to artificial lighting either by lights
on or in the sign or directed toward the sign.
SIGN TYPE means the type of structure of a sign (e.g. freestanding, projecting, temporary, etc.)
used to convey sign content.
TEMPORARY SIGN means any sign permitted, designed or intended to be displayed for a short
period of time, including portable signs, balloon signs, developer marketing signs, land use
classification signs, construction signs, political poster signs, window signs, banner signs, A-board
signs or any other sign that is not permanently attached to a building, structure or the ground.
WINDOW SIGN means a sign painted on, attached to or installed on a window intended to be
viewed from outside the premises.
Schedule 9
TELECOMMUNICATION ANTENNA SITING PROTOCOL
Village of Milo Land Use Bylaw No. 397-17
Schedule 9 | 1
Schedule 9
TELECOMMUNICATION ANTENNA SITING PROTOCOL
The intent of this schedule is to guide the telecommunications industry and amateur radio operators through the
process of tower siting within the municipality. This guide was developed in accordance with Industry Canada siting
protocols.
SECTION 1
MUNICIPAL APPROVAL
1.1
Proposals for freestanding telecommunication antennas shall not be required to obtain a
development permit but shall be required to make a submission to the Municipal Planning
Commission including:
(a)
the information as listed in Section 2, and
(b) complete the notification and public consultation process found in Section 3.
1.2
Concurrence with the proponent's project will be measured against the requirements of each
district's requirements and criteria listed below. If all requirements are met the Village of Milo will
provide concurrence in the form of a written letter to the proponent.
1.3
The following are excluded from submitting information for review:
(a)
an antenna mounted on a building that projects less than 1.8 m (6 ft.) in height above the top
of the building,
(b) Commercial or Industrial designated lands which are a minimum of 150.0 m (492 ft.) from
residential designated lands or lands designated for public purpose.
SECTION 2
INFORMATION REQUIREMENTS
Co-utilization (Co-location)
2.1
All proponents for freestanding antenna structures will be requested to identify any other such
structures within a radius of 500.0 m (1640 ft.) of the proposed location and to provide
documentary evidence that co-utilization of the existing or new structure is not a viable alternative
to a second structure.
Appearance
2.2
All 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.
Schedule 9 | 2
Village of Milo Land Use Bylaw No. 397-17
Lighting and signage
2.3
Lighting in addition to that which is required by applicable federal agencies shall be avoided.
Security lighting may be considered provided it meets the requirements of the applicable land use
district.
2.4
Only signage that is required by applicable federal agencies is permitted. No advertising signage
shall be permitted.
SECTION 3
NOTIFICATION AND PUBLIC CONSULTATION PROCESS
3.1
At the expense of the applicant, the municipality will notify all land owners within a distance of
500.0 m (1640 ft.) of the proposed structure within the Village.
3.2
With each notification, the proponent will be responsible to submit a letter providing notification
of the location of the tower, physical details of the tower, the time and location of the public
meeting, and a contact name and phone number of someone employed by the proponent who
can answer questions regarding the proposal.
3.3
The proponent shall be prepared to hold an open house regarding their development proposal and
should proactively explain all aspects of the siting, technology and appearance of the proposed
structure. The notification should be sent 25 days prior to the public meeting.
3.4
From the public meeting, the proponent will be responsible to provide the Municipal Planning
Commission with a copy of the agenda and the minutes indicating the topics discussed, additional
concerns raised with resolutions, and any outstanding issues that the proponent and/or
landowners could not resolve.
3.5
Where the public process has raised unresolved concerns about public health and related effects
of wireless communication technology, the Village of Milo will request a ruling by Industry Canada
prior to the issuance of a letter of concurrence.
Appendix A
FEES
Planning and Development Fee Schedule (2017)
Fee Schedule
Permitted Uses
Discretionary Use or Use
Requesting Waiver
Greater than 10%
Residential:
Dwellings
$50
$75
Additions
$50
$75
Accessory Buildings 100 ft2 or greater
$25
$75
Home Occupations
$25
$75
Commercial:
Change of Use
$50
$100
Commercial buildings less than 465 m2
(5,000 ft2)
$50
$100
Commercial buildings 465 m2 (5,000 ft2)
or greater
$75
$100
Industrial:
Change of Use
$50
$100
Single-tenancy buildings or complexes
$50
$100
Multi-tenancy buildings or complexes
$50
$100
Public/Institutional:
All uses
$50
$100
Sign Permit:
$25
$75
Letter of Compliance:
$50
Demolition Permit for Principle Structure:
$50
Demolition Permit for Accessory Structure:
$25
Recirculation Fee:
50% of the original application fee
Land Use Bylaw Amendments:
$300
Other Statutory Plans and Amendments To:
$300
Request to convene a special meeting of the Municipal
Planning Commission:
$200
Appeal to the Subdivision and Development Appeal Board
(portion of fee refundable upon successful appeal):
$300
Additional fees will be required for building permits and inspections. 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 Designated Officer
or the Municipal Planning Commission and shall be consistent with those fees listed herein. Fees are set by Council
and may be adjusted from time to time.
Appendix B
FORMS AND NOTICES
Page 1 of 4
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
THIS DOES NOT CONSTITUTE A BUILDING PERMIT.
A SEPARATE BUILDING PERMIT MUST BE OBTAINED BEFORE CONSTRUCTION BEGINS.
APPLICANT & LAND INFORMATION
Applicant's Name: _____________________________________________________________________________________
Mailing Address: _______________________________________________________________________________________
Phone: _____________________ Cell Phone: ________________________ Email: _____________________________
Registered Owner's Name: ______________________________________________________________________________
Mailing Address: _______________________________________________________________________________________
Phone: _____________________ Cell Phone: ________________________ Email: _____________________________
Applicant's interest in the proposed development if not the registered owner:
Agent
Contractor
Tenant
Other: _________________________________________________
PROPERTY INFORMATION
Municipal Address: _____________________________________________________________________________________
Legal Description: Lots(s) _____________________ Block _______________________ Plan _______________________
Land Use District: ____________________________ Existing use of land: ________________________________________
DEVELOPMENT INFORMATION
This application is to: (Check all that apply)
Construct a NEW dwelling (if greater than 500 ft2 see abandoned well information section)
Single-unit/manufactured home 2 Unit Multi-unit Other _____________________________
Move-in a USED Dwelling (describe development): ___________________________________________________________
Alter/renovate the existing building (if greater than 500 ft2 see abandoned well information section)
Addition
Deck(s)
Other _________________________________________________
Construct an accessory building or structure (if greater than 500 ft2 see abandoned well information section)
Garage
Shed /Workshop
Other _________________________________________________
Move-in building (if greater than 500 ft2 see abandoned well information section)
Demolish existing building (attach a copy of a completed Demolition Form)
Date of Application:
Development Permit
Application No.
Date Deemed Complete:
Notice of Completeness
Page 2 of 4
Exterior Finish, Fencing & Landscaping
Not applicable to this development
Applicable - Describe generally the types, colors, and materials, as applicable, of:
Exterior finishes of the proposed building(s): ______________________________________________________________________
Proposed fencing and height: __________________________________________________________________________________
Proposed landscaping: ________________________________________________________________________________________
Services
Indicate the existing or proposed sewer system and potable water supply:
Sewer System:
Municipal
Private Septic
Water Supply:
Municipal
Other _____________________________________
Details of Vehicle Parking and Access (Indicate locations of same on a scaled PLOT PLAN.)
Number of parking spaces (existing or proposed): _______________________________________
Size of parking spaces (existing or proposed): ___________________________________________
Number of driveways (existing or proposed): ___________________________________________
Width of driveway (existing or proposed): _____________________________________________
Waivers
Is a waiver (variance) to one or more standards in the Land Use Bylaw being requested? No Yes
If yes, please specify: ______________________________________________________________________________________________
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.
Rear
m
ft.
m
ft.
Side
m
ft.
m
ft.
Side
m
ft.
m
ft.
Parcel Type: Interior Lot Corner Lot
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.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept on file by those
agencies. The application and related file contents will become available to the public and are subject to the provisions of the Freedom of
Information and Protection of Privacy Act (FOIP).
APPLICANT
Registered Owner (if not the same as applicant)
Page 3 of 4
DEVELOPMENT APPLICATION SUBMISSION REQUIREMENTS
The following items shall be attached to all Development Permit Applications for new buildings or exterior changes to
existing buildings. This is not an exhaustive list and the Designated Officer may request additional information that is
required to assess the application.
Copy of Site Plan. Site plan shall provide the following information:
(May be provided on a survey plan or a sketch on the following page)
Legal Description and Municipal Address of Subject Property
Scale, North Arrow and Land Use District
Adjacent roadways and lanes
Lot Dimensions, Lot Area, and Percentage of Lot Coverage for all structures
Existing residence and/or any other buildings with dimensions of foundation and projections including decks
(indicate using a solid line )
Proposed residence and/or any other buildings with dimensions of foundation and projections including decks
(indicate using a dashed line )
The proposed distances from the front, side, and rear property lines
Location of Lot Access, Existing Sidewalk(s) and Curbs
Location of Fire Hydrant, Street Light, Power/Telephone/Cable Pedestal(s) (if located within property frontage)
Location of any Registered Utility Rights-of-Way or easements
Number of off-street parking spaces
Copy of Building Plans. Plans shall be to scale 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
Map or additional information from the AER regarding location of abandoned wells.
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.
V I L L A G E O F M I L O
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 4 of 4
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 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.
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 Village of Milo.
Page 1 of 3
THIS DOES NOT CONSTITUTE A BUILDING PERMIT.
A SEPARATE BUILDING PERMIT MUST BE OBTAINED BEFORE CONSTRUCTION BEGINS.
APPLICANT & LAND INFORMATION
Applicant's Name: _____________________________________________________________________________________
Mailing Address: _______________________________________________________________________________________
Phone: _____________________ Cell Phone: ________________________ Email: _____________________________
Registered Owner's Name: ______________________________________________________________________________
Mailing Address: _______________________________________________________________________________________
Phone: _____________________ Cell Phone: ________________________ Email: _____________________________
Applicant's interest in the proposed development if not the registered owner:
Agent
Contractor
Tenant
Other: _________________________________________________
PROPERTY INFORMATION
Municipal Address: _____________________________________________________________________________________
Legal Description: Lots(s) _____________________ Block _______________________ Plan _______________________
Land Use District: ____________________________ Existing use of land: ________________________________________
DEVELOPMENT INFORMATION
Is there currently a suite located on the property? Yes No
Number of off-street parking spaces available on the property (not including garage): _______________________________
Will the suite be located in: An Existing Home A New Construction An Accessory Building/Garden Suite
Will the secondary suite contain a separate entrance on the exterior of the home? Yes No
If answered yes, please indicate the location of the separate entrance on the site plan.
Date of Application:
Development Permit
Application No.
Date Deemed Complete:
Notice of Completeness
R E S I D E N T I A L S E C O N D A R Y / G A R D E N S U I T E
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 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 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.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept on file by those
agencies. The application and related file contents will become available to the public and are subject to the provisions of the Freedom of
Information and Protection of Privacy Act (FOIP).
APPLICANT
Registered Owner (if not the same as applicant)
Page 3 of 3
DEVELOPMENT APPLICATION SUBMISSION REQUIREMENTS
The following items shall be attached to all Development Permit Applications for new buildings or exterior changes to existing
buildings. This is not an exhaustive list and the Designated Officer may request additional information that is required to
assess the application.
Copy of Site Plan. Site plan shall provide the following information:
(May be provided on a survey plan or sketch)
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 structures
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, side, and rear property lines
Location of lot access, existing sidewalk(s) and curbs
Location of any registered utility rights-of-way or easements
Location and number of off-street parking spaces
Copy of Building Plans. Plans shall be to scale 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
Application fee payable to the Village of Milo.
V I L L A G E O F M I L O
R E S I D E N T I A L S E C O N D A R Y / G A R D E N S U I T E
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 4
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
IMPORTANT NOTICE: This application does not permit you to commence construction 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 of application 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 & LAND INFORMATION
Applicant's Name: _____________________________________________________________________________________
Mailing Address: _______________________________________________________________________________________
Phone: _____________________ Cell Phone: ________________________ Email: _____________________________
Registered Owner's Name: ______________________________________________________________________________
Mailing Address: _______________________________________________________________________________________
Phone: _____________________ Cell Phone: ________________________ Email: _____________________________
Applicant's interest in the proposed development if not the registered owner:
Agent
Contractor
Tenant
Other: _________________________________________________
PROPERTY INFORMATION
Municipal Address: _____________________________________________________________________________________
Legal Description: Lots(s) _____________________ Block _______________________ Plan _______________________
Land Use District: ____________________________ Existing use of land: ________________________________________
DEVELOPMENT INFORMATION
This application is to: (Check all that apply)
Construct a NEW dwelling (if greater than 500 ft2 see abandoned well information section)
Commercial Use
Industrial Use
Public/Institutional Use
Other __________________________
Move-in a USED building (describe development): ___________________________________________________________
Date of Application:
Development Permit
Application No.
Date Deemed Complete:
Notice of Completeness
Page 2 of 4
Alter/renovate the existing building (if greater than 500 ft2 see abandoned well information section)
Addition
Other ___________________________________________________________________________
Construct an accessory building or structure (if greater than 500 ft2 see abandoned well information section)
Garage
Shed/Workshop
Other ________________________________________________________
Demolish existing building (attach a copy of a completed Demolition Form)
Change in or intensification of use
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.
Rear
m
ft.
m
ft.
Side
m
ft.
m
ft.
Side
m
ft.
m
ft.
Parcel Type: Interior Lot Corner Lot
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.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept on file by those
agencies. The application and related file contents will become available to the public and are subject to the provisions of the Freedom of
Information and Protection of Privacy Act (FOIP).
APPLICANT
Registered Owner (if not the same as applicant)
Page 3 of 4
DEVELOPMENT APPLICATION SUBMISSION REQUIREMENTS
The following items shall be attached to all Development Permit Applications for new buildings or exterior changes to
existing buildings. This is not an exhaustive list and the Designated Officer may request additional information that is
required to assess the application.
Copy of Site Plan. Site plan shall provide the following information:
(May be provided on a survey plan or a sketch on the following page)
Legal Description and Municipal Address of Subject Property
Scale, North Arrow and Land Use District
Adjacent roadways and lanes
Lot Dimensions, Lot Area, and Percentage of Lot Coverage for all structures
Any buildings with dimensions of foundation and projections
The proposed distance from the front, side, and rear property lines
Location of Lot Access, Existing Sidewalk(s) and Curbs
Location of Fire Hydrant, Street Light, Power/Telephone/Cable Pedestal(s) (if located within property frontage)
Location of any Registered Utility Rights-of-Way and easements
Landscaping plan
Lighting plan
Number and location of parking spaces, both on and off-street
Copy of Building Plans. Plans shall be to scale 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
Map or additional information from the AER regarding location of abandoned wells.
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.
V I L L A G E O F M I L O
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 4 of 4
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 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.
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 Village of Milo.
Page 1 of 2
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 of application 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. A SEPARATE BUILDING PERMIT MUST BE OBTAINED BEFORE CONSTRUCTION BEGINS.
APPLICANT & LAND INFORMATION
Applicant's Name: _____________________________________________________________________________________
Mailing Address: _______________________________________________________________________________________
Phone: _____________________ Cell Phone: ________________________ Email: _____________________________
Registered Owner's Name: ______________________________________________________________________________
Mailing Address: _______________________________________________________________________________________
Phone: _____________________ Cell Phone: ________________________ Email: _____________________________
Applicant's interest in the proposed development if not the registered owner:
Agent
Contractor
Tenant
Other: _________________________________________________
PROPERTY INFORMATION
Municipal Address: _____________________________________________________________________________________
Legal Description: Lots(s) _____________________ Block _______________________ Plan _______________________
Land Use District: ____________________________ Existing use of land: ________________________________________
SIGN INFORMATION
TYPE OF WORK: New Permanent Sign Changes to Existing Sign Temporary Sign
Date of Application:
Development Permit
Application No.
Date Deemed Complete:
Notice of Completeness
SIGN TYPE*:
Temporary
Canopy
Window
Freestanding
Fascia
Mural
Projecting
Other
**Billboard signs are not permitted in the
Village
PROJECTION STYLE:
Mark any or all that apply
Lettering / logo
Manual changeable
lettering content
Electronic changeable
lettering content
Animation
Movement / rotation
ILLUMINCATION:
Mark any or all that apply
No illumination
Direct illumination
Internal illumination
Flashing
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
Page 2 of 2
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.
from Roof:
m
ft.
If the sign is only for temporary use:
For how many days is the sign proposed to be displayed?
_____________ 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.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept on file by those
agencies. The application and related file contents will become available to the public and are subject to the provisions of the Freedom of
Information and Protection of Privacy Act (FOIP).
APPLICANT
Registered Owner (if not the same as applicant)
Page 1 of 2
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 of application 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
A SEPARATE BUILDING PERMIT MUST BE OBTAINED BEFORE CONSTRUCTION BEGINS.
APPLICANT & LAND INFORMATION
Applicant's Name: _____________________________________________________________________________________
Mailing Address: _______________________________________________________________________________________
Phone: _____________________ Cell Phone: ________________________ Email: _____________________________
Registered Owner's Name: ______________________________________________________________________________
Mailing Address: _______________________________________________________________________________________
Phone: _____________________ Cell Phone: ________________________ Email: _____________________________
Applicant's interest in the proposed development if not the registered owner:
Agent
Contractor
Tenant
Other: _________________________________________________
PROPERTY INFORMATION
Municipal Address: _____________________________________________________________________________________
Legal Description: Lots(s) _____________________ Block _______________________ Plan _______________________
Land Use District: ____________________________ Existing use of land: ________________________________________
BUSINESS DESCRIPTION
Describe the primary function of your business. What goods and/or services are provided? Attach an additional sheet
describing the business.
Is there another home occupation already operating out of the residence? Yes No
Where will the business operate from? In-home Accessory building
Date of Application:
Development Permit
Application No.
Date Deemed Complete:
Notice of Completeness
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
Page 2 of 2
How will you interact or do business with your clients or customers?
In person. Clients/customers will come to the residence.
Less than 1 per day 1-5 per day More than 5 per day
Remotely. Clients/customers will not be coming to the residence but will only be in contact by:
Phone Fax Mail Courier Internet/Email
How many on-site parking spaces for any client visits, deliveries, etc. will be available? ______________________________
What will the days of operation be? Mon-Fri Weekends 7 days/week Part-time
What will be the hours of operation? ______________________________________________________________________
Will there be any employees that are not residents of the dwelling? Yes No
If YES:
How many employees will come to the residence? ________
Will more than 1 employee come to the residence at a time? Yes No
Will there be any equipment or materials stored outside the dwelling that will be used in conjunction with the business?
Yes (list materials and quantities) ___________________________________________________________________
No
Will any vehicles/machinery/tools be used to operate the business? Please list.
_____________________________________________________________________________________________________
Will there be any flammable or hazardous materials on the premises as a result of the business?
Yes (list materials and quantities) ___________________________________________________________________
No
Will any goods be displayed at the residence? Yes No
Will there be a sign for the business? Yes No
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.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept on file by those
agencies. The application and related file contents will become available to the public and are subject to the provisions of the Freedom of
Information and Protection of Privacy Act (FOIP).
APPLICANT
Registered Owner (if not the same as applicant)
Page 1 of 2
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)
less than 14 days after the issue of this permit plus an additional 7 days if the permit notification is mailed to
affected parties, or
(b) if an appeal is filed, until the appeal is decided upon.
After the appeal period, if no appeal is filed, 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. If an appeal is filed regarding 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 21 days after the date of its issue
on ___________________________ , _________ .
Notification to Applicant: _____________________ , __________
Signed: ____________________________________
Designated Officer - Village of Milo
SEE IMPORTANT INFORMATION ON REVERSE
D E V E L O P M E N T P E R M I T
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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 14 days of the date this
permit was issued.
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 NOT
TRANSFERABLE
A development permit is valid only for the location for which it is issued, but a development
permit may be transferred to another person in certain instances (subject to and in accordance
with administrative procedures of the Land Use Bylaw) provided that the designated officer issues
a written consent which authorizes the transfer.
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.
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 license. These and other separate permits or licenses may be required by municipal,
provincial or federal authorities.
Page 1 of 2
Date of Application:
Application No.
Date Deemed Complete:
APPLICANT & LAND INFORMATION
Applicant's Name: _____________________________________________________________________________________
Mailing Address: _______________________________________________________________________________________
Phone: _____________________ Cell Phone: ________________________ Email: _____________________________
Registered Owner's Name: ______________________________________________________________________________
Mailing Address: _______________________________________________________________________________________
Phone: _____________________ Cell Phone: ________________________ Email: _____________________________
Applicant's interest in the proposed development if not the registered owner:
Agent
Contractor
Tenant
Other: _________________________________________________
PROPERTY INFORMATION
Municipal Address: _____________________________________________________________________________________
Legal Description: Lots(s) _____________________ Block _______________________ Plan _______________________
DEMOLITION/REMOVAL INFORMATION
Description of building / structure: ________________________________________________________________________
Type of Work: Removal to another site (no demolition) Demolition of building/structure
Building Size: ________ m2 ________ ft2
Height of Building: ________ m ________ ft
Expected start date: _____________________________ Expected completion date: _____________________________
Method of Demolition:
Manual (no heavy equipment)
Using heavy equipment
Other - please explain ____________________________________________________________________________
Dump site location: ____________________________________________________________________________________
Name of Contractor responsible for removal/demolition: ______________________________________________________
D E M O L I T I O N F O R M
Page 2 of 2
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.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept on file by those
agencies. The application and related file contents will become available to the public and are subject to the provisions of the Freedom of
Information and Protection of Privacy Act (FOIP).
APPLICANT
Registered Owner (if not the same as applicant)
APPLICANT IS RESPONSIBLE FOR:
Disconnection of all services including (if applicable):
Signature from agency verifying services disconnected (or attach letter):
Electrical power
__________________________________________________
Natural gas
__________________________________________________
Oil lines
__________________________________________________
Telephone cables
__________________________________________________
Communications cables (includes cable TV)
______________________________________________________________
Water lines
__________________________________________________
Storm & sanitary sewer
__________________________________________________
Septic
__________________________________________________
On-site consultation with Public Works Director. The applicant shall schedule a consultation with the Public Works
Director a minimum of 48 hours prior to demolition or removal commencing to determine the state of affected public
property.
Final plan for property after building removed or demolished and reclamation complete. As applicable:
Copy of grading plans if property will be vacant after removal or demolition
Complete development application for new development where building is being replaced
A completed Development Application. This form shall accompany a complete development application with the
consent of the registered owner and any other required documentation.
Application Fee and any applicable deposit or security required payable to the Village of Milo.
**NOTE:
A building permit is also required before proceeding with demolition.
Page 1 of 2
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.
Date of Application:
Bylaw No.
Date Deemed Complete:
IMPORTANT NOTE: Although the Designated Officer is in a position to advise on the principle or details of any proposals,
such advice must not be taken in any way as official consent.
APPLICANT & LAND INFORMATION
Applicant's Name: _____________________________________________________________________________________
Mailing Address: _______________________________________________________________________________________
Phone: _____________________ Cell Phone: ________________________ Email: _____________________________
Registered Owner's Name: ______________________________________________________________________________
Mailing Address: _______________________________________________________________________________________
Phone: _____________________ Cell Phone: ________________________ Email: _____________________________
Applicant's interest in the proposed development if not the registered owner:
Agent
Contractor
Tenant
Other: _________________________________________________
PROPERTY INFORMATION
Municipal Address: _____________________________________________________________________________________
Legal Description: Lots(s) _____________________ Block _______________________ Plan _______________________
Land Use District: ____________________________ Existing use of land: ________________________________________
AMENDMENT INFORMATION
What is the proposed amendment? Text Amendment Land Use Redesignation
For text amendments, attach a description including:
The section to be amended;
The change(s) to the text; and
Reasons for the change(s).
A P P L I C A T I O N F O R A
S T A T U T O R Y P L A N A M E N D M E N T
IF TEXT AMENDMENT:
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Current Land Use Designation: ___________________________________________________________________________
Proposed Land Use Designation (if applicable): _____________________________________________________________
Map Attached
Description of Proposal Attached
Area Structure Plan / Design Concept Attached
SITE PLAN
Plans and drawings, in sufficient detail to enable adequate consideration of the application, must be submitted 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.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept on file by those
agencies. The application and related file contents will become available to the public and are subject to the provisions of the Freedom of
Information and Protection of Privacy Act (FOIP).
APPLICANT
Registered Owner (if not the same as applicant)
IF LAND USE REDESIGNATION:
Page 1 of 1
Date of Application:
Development Permit
Application No.
Date Deemed Complete:
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 Registered Owner
____________________________________________________
Signature of Witness
Date: ___________________________
____________________________________________________
Signature of Designated Officer - Village of Milo
____________________________________________________
Signature of Witness
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
Page 1 of 3
Date of Application: __________________________
APPLICANT & LAND INFORMATION
Applicant's Name: _____________________________________________________________________________________
Mailing Address: _______________________________________________________________________________________
Phone: _____________________ Cell Phone: ________________________ Email: _____________________________
Registered Owner's Name: ______________________________________________________________________________
Mailing Address: _______________________________________________________________________________________
Phone: _____________________ Cell Phone: ________________________ Email: _____________________________
Applicant's interest in the proposed development if not the registered owner:
Agent
Contractor
Tenant
Other: _________________________________________________
PROPERTY INFORMATION
Municipal Address: _____________________________________________________________________________________
Legal Description: Lots(s) _____________________ Block _______________________ Plan _______________________
Land Use District: ____________________________ Existing use of land: ________________________________________
DETAILS OF THE PROPOSED DEVELOPMENT
What currently exists on the parcel? _______________________________________________________________________
What will the tower be used for? _________________________________________________________________________
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.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept on file by those
agencies. The application and related file contents will become available to the public and are subject to the provisions of the Freedom of
Information and Protection of Privacy Act (FOIP).
APPLICANT
Registered Owner (if not the same as applicant)
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
Page 2 of 3
V I L L A G E O F M I L O
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 completed checklist
2. Non-refundable application fee
3. Signature of ALL landowners
4. Any additional information requested by the Development Authority
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 Village of Barons 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
Copying and distribution of required notification letters
$1.50/letter
Payment required for
distribution of letters will
be the application fee
Distribution of required notification letters
$1.00/letter
If the applicant can prove that notification to all required adjacent landowners has been done, then no fee is required.
For fees not listed here, please see the full Fee Schedule
Page 3 of 3
CHECKLIST
Please attach a description of the project summarizing the information required in the following table.
REQUIREMENT
IS THIS REQUIRED?
YES OR NO
SUBMITTED?
YES, NO OR N/A
Co-utilization:
Are there any other such structures within a radius of 500 m
(1640 ft.) 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 must be used and a description of the
stealth structure options must be submitted to the
satisfaction of the Village.
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. No advertising
signage shall be permitted.
Notification & Public Consultation Process:
All landowners within a distance of 3.2 km (2 miles) from the
proposed structure must be notified. Please provide a letter
that the Village can circulate on your behalf.
The fee for copying and distributing these letters is
$2.50/letter. _______ x $2.50/letter = ______ total
The fee for only distributing these letters is $1.50/letter
_______ x $1.50/letter = ______ total
Page 1 of 1
PROPERTY INFORMATION
Municipal Address: _____________________________________________________________________________________
Legal Description: Lots(s) _____________________ Block _______________________ Plan _______________________
Land Use District: ______________________________________________________________________________________
What is the existing use? ________________________________________________________________________________
"VOLUNTARY WAIVER OF CLAIMS" (OPTIONAL)
For Development Approvals of Discretionary Uses and/or Approvals Granting a Waiver of Development Standards
This "Voluntary Waiver of Claims" allows you to commence your development at your own risk in advance of the date of
validity on your Development Permit. The permit's valid date is the date at which the appeal period for the public has expired.
By agreeing to this "Voluntary Waiver of Claims" you agree that should an appeal be made you will immediately cease the
development pending the outcome of the appeal and will waive all claims to compensation from the Village of Milo for costs
associated with the cessation and/or costs resulting from the outcome of the appeal, including the removal of improvements
and restoration of disturbances to the land/buildings to their former state.
Agreement to this "Voluntary Waiver of Claims" does not nullify your own right to an appeal. You may appeal any condition
of approval on the Development Permit to the Subdivision and Development Appeal Board by the date identified on your
permit.
Agreement to this "Voluntary Waiver of Claims" and possession of the released Development Permit does not eliminate the
need for a Business License, Building Permit or other permits. Do not commence development without first obtaining all the
necessary permits.
I have read, understood, and agree to this "Voluntary Waiver of Claims".
APPLICANT
Registered Owner (if not the same as applicant)
Date of Application:
Development Permit
Application No.
Date of Approval:
V O L U N T A R Y W A I V E R O F C L A I M S
D E V E L O P M E N T C O M M E N C E M E N T F O R M
Appendix C
SUBDIVISION AND DEVELOPMENT AUTHORITY /
MUNICIPAL PLANNING COMMISSION BYLAW NO. 383-13