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Morinville Land Use Bylaw
www.morinville.ca
Bylaw 2/2024 with updates to June 2024
IMPORTANT NOTICE
MGA M-26 RSA 2000
This document is consolidated into a single publication for the convenience of users. The official Bylaw and all
amendments thereto are available from the Legislative Officer and should be consulted in interpreting and applying this
Bylaw.
In case of any dispute, the original Land Use Bylaw must be consulted. Where legal land description, spelling,
punctuation, or type face was updated or corrected, the change was not noted in this document.
For easy reference, the amending Bylaw Numbers are adjoining the Sections that were amended to identify that a
change has occurred in a Section, Subsection or Clause, subsequent to the adoption of the original Land Use Bylaw.
Following is a list of Bylaws adopted by Council subsequent to adoption of this Bylaw that amended the Land Use Bylaw:
BYLAW NO.
ADOPTION DATE
CONTEXT
6/2024
27 February 2024
Application to redistrict Part of NE 34-55-25-W4M to the Residential Mixed
Form (R-X) District
9/2024
28 May 2024
Application to redistrict Lot 9, Block 1, Plan 122 4688 to the Medium Density
Residential (R-3) District to the Residential Mixed Form (R-X) District
13/2024
25 June 2024
Text amendment by adding Clause 23.0 to Part 2.2
This page was intentionally left blank
TOWN OF MORINVILLE
PROVINCE OF ALBERTA
LAND USE BYLAW
BYLAW 2/2024
Page 1
A BYLAW OF THE TOWN OF MORINVILLE, IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE
OF REPEALING BYLAW 3/2012 AND ADOPTING THE LAND USE BYLAW.
AND WHEREAS, pursuant to the Municipal Government Act, being Chapter M-26 of the revised
Statutes of Alberta 2000 as amended, a Council may adopt and amend a Land Use Bylaw;
AND WHEREAS, notice of a public hearing for this Bylaw held on February 13th, 2024, has been
given in accordance with Section 692 of the Municipal Government Act, 2000 RSA, ch. M-26, as
amended;
NOW THEREFORE, the Municipal Council of the Town of Morinville, Alberta, duly assembled,
hereby enacts as follows to:
1.0
This Bylaw shall be cited as the "Land Use Bylaw"
2.0
Land Use Bylaw 2/2024 is shown on Schedule "A".
3.0
SEVERABILITY
3.1
If any Section or parts of this bylaw are found in any court of law to be illegal or
beyond the power of Council to enact, such Section or parts shall be deemed
to be severable and all other Sections or parts of this bylaw shall be deemed to
be separate and independent there from and to be enacted as such.
COMING INTO FORCE
That Bylaw 3/2012 and all amendments thereto is hereby rescinded.
This Bylaw shall come into force and effect when it received third reading and is duly signed.
READ a first time the 23rd day of January 2024.
READ a second time the 13th day of February 2024.
READ a third time and finally passed the 13th day of February 2024.
ORIGINAL SIGNED
Simon Boersma
Mayor
ORIGINAL SIGNED
Naleen Narayan
Chief Administrative Officer
TOWN OF MORINVILLE
PROVINCE OF ALBERTA
LAND USE BYLAW
BYLAW 2/2024
Page 2
SCHEDULE "A" (attached to and forming part of this Bylaw)
IMPORTANT NOTICE
MGA M-26 RSA 2000
This document is consolidated into a single publication for the convenience of users. The official Bylaw and all
amendments thereto are available from the Legislative Officer and should be consulted in interpreting and applying this
Bylaw.
In case of any dispute, the original Land Use Bylaw must be consulted. Where legal land description, spelling,
punctuation, or type face was updated or corrected, the change was not noted in this document.
For easy reference, the amending Bylaw Numbers are adjoining the Sections that were amended to identify that a
change has occurred in a Section, Subsection or Clause, subsequent to the adoption of the original Land Use Bylaw.
Following is a list of Bylaws adopted by Council subsequent to adoption of this Bylaw that amended the Land Use Bylaw:
BYLAW NO.
ADOPTION DATE
CONTEXT
10/2012
12 June 2012
Application to redistrict Part of Lots 23 and 24, Plan RN8 (VIII) to C-1 District
12/2012
28 August 2012
Text amendments pertaining to three subsections of the Bylaw
14/2012
24 September 2012
Site-specific amendment to UR District to accommodate a fire training facility
17/2012
27 November 2012
Application to redistrict Lot 3, Block A, Plan 792 2048 & Lot 4, Block A, Plan
072 2234 to DC-4-1 District
18/2012
11 December 2012
Application to redistrict Lot 2, Block 3, Plan 6207 HW to DC-3-6 District
20/2012
11 December 2012
Application to redistrict Part of Plan 746RS & Lot 83, Block 37, Plan 112 5502
to DC-3-5 District
4/2013
09 April 2013
Application to redistrict Part of SE 34-55-25-W4 to R-1A District
8/2013
11 June 2013
Text amendments to align with policy direction of Cœur de Morinville ASP
10/2013
10 September 2013
Application for text amendments to DC-3-6 District and to redistrict Part of
SW 3-56-25-W4 to DC-3-6 District
4/2014
25 February 2014
Application for text amendments to R-VC2 District
2/2014
08 April 2014
Text amendments to several subsections of the Bylaw
8/2014
08 April 2014
Text amendment to Section 4.1.11.3.
12/2014
27 May 2014
Application to redistrict Part of Lot 1, Block 1, Plan 032 4958 to C-3 District
15/2014
24 June 2014
Application to redistrict portions of Lot 6, Plan 992 2048 to R-2 & POS Districts
18/2014
23 September 2014
Application to redistrict Part of NE 34-55-25-W4 to POS & DC-3-7 Districts
19/2014
23 September 2014
Text amendments pertaining to three subsections of the Bylaw
22/2014
28 October 2014
Application to redistrict Parts of NE & SE 34-55-25-W4 to POS District
1/2015
10 February 2015
Text amendments to insert the CIS District
3/2015
14 April 2015
Application to redistrict Part of SW 27-55-25-W4M to C-3, CIS & POS Districts
6/2015
26 May 2015
Application to redistrict Parts of SE 34-55-25-4 and Block A, Plan 5129 TR to R-
1A District
9/2015
23 June 2015
Application to redistrict Lot 17, Block 6, Plan 802 1129 to DC-C-2 District and
text amendments to DC-C District
12/2015
23 June 2015
Application to redistrict Part of E½ 34-55-25-W4 to DC-3-8 & POS Districts
(Continued on next page...)
TOWN OF MORINVILLE
PROVINCE OF ALBERTA
LAND USE BYLAW
BYLAW 2/2024
Page 2
BYLAW NO.
ADOPTION DATE
CONTEXT
(Continued from previous page)
13/2015
25 August 2015
Application to redistrict Lot 1, Block 5, Plan 7406 AX to DC-C-2 District
17/2015
10 November 2015
Text amendments to several subsections of the Bylaw and to redistrict Lot
15MR, Block 4, Plan 792 1912 to PS District
20/2015
10 November 2015
Application to permit Secondary Suites on select lots with specific provisions
in R-VC2 District
28/2015
23 February 2016
Application to redistrict Part of Block A, Plan 7731R to DC-C-2 District
1/2016
12 April 2016
Application for text amendments to the DC-3-3 District
10/2016
28 June 2016
Application to redistrict Part of E½ 34-55-25-W4 to PS & UR Districts
7/2016
30 August 2016
Application to redistrict Part of Lot 1, Block 1, Plan 032 4958 to PS District
13/2016
13 September 2016
Application to redistrict Lot 12, Block 1, Plan 852 0352 to DC-4-2 District
17/2016
27 September 2016
Application to redistrict Part of Lot 6, Block 1, Plan 122 4688 to R-MHP District
and text amendments pertaining to manufactured home parks
21/2016
10 January 2017
Application to redistrict Lots 39 & 40, Block 1, Plan RN8B (VIIIB) to DC-C-1
District and text amendments to DC-C District
2/2017
28 February 2017
Application for text amendments to the R-VC2 District
14/2017
12 December 2017
Text amendments to conform to recent amendments to the MGA with
respect to decision making timelines
3/2018
10 April 2018
Text amendments to address legislation to legalize, control and regulate
cannabis
7/2018
12 June 2018
Text amendments to several subsections of the Bylaw and redistricting Lots
1B and 1C, Block 5, Plan 2393TR to R-2 District, Lot 94 Plan RN8 to PS District,
Lot 95, Plan RN8 to R-1A District, Lot 14 & 15 , Block 2, Plan RN8B & Lot 16A,
Block 2, Plan 792 2186 & the south part of Lot 10A, Block 1, Plan 912 1848 to
C-2 District.
11/2018
09 July 2018
Application to redistrict Part of NE 34-55-25 W4M to DC-3-9 District
13/2018
13 November 2018
Application to redistrict Part of SE 33-55-25 W4M & Part of Lot 1, Block 1,
Plan 0324958 to R-3 District
3/2019
09 July 2019
Text amendments to address changes to DC-1 & DC-2 Decision processes
4/2019
09 July 2019
Text amendments to address general updates including sign and accessory
development changes.
1/2020
25 February 2020
Text amendments to remove references to the Municipal Planning
Commission.
2/2020
25 February 2020
Text amendments to add Section 8.1.11 Residential Mixed Form (R-X) District.
11/2020
9 June 2020
Text amendments to address general updates including accessory
development changes.
16/2020
14 July 2020
Application to redistrict Part of Lot 1, Block 1, Plan 032 4958 to R-X and POS
Districts.
17/2020
22 September 2020
Application for text amendments to DC-3-9 District.
7/2021
13 April 2021
Application to redistrict Lot 92, Plan RN8 from Single Detached Residential (R-
1A) District to Coeur de Morinville Medium Density Residential (DC-C-3)
District, adding to Section 8.4.5.5.5.
TOWN OF MORINVILLE
PROVINCE OF ALBERTA
LAND USE BYLAW
BYLAW 2/2024
Page 2
15/2021
25 January 2022
Application to redistrict Lot 12, Block 9, Plan 2022304 from Single Detached
Residential (R-1A) District, and Single Detached Compact Residential (R-1B)
District to Innovative Design Residential (R-1D) District.
04/2022
10 May 2022
Application to redistrict a portion of land with ATS NE 34-55-25-W4 from Site-
Specific Direct Control Two-Unit Residential (DC-3-7) District to Residential
Mixed Form (R-X) District
(Continued on next page...)
BYLAW NO.
ADOPTION DATE
CONTEXT (Continued from previous page)
1/2023
24/1/2023
To redistrict a portion of NE 34-55-25-W4, located at the southeast corner of
the intersection of 96 Avenue and Grandin Drive from Urban Reserve (UR)
District to Medium Density Residential (R-3) District.
12/2023
25/4/2023
To remove the R-VC2 District and replaced it with the R-VC District.
16/2023
18/7/2023
To amend the Site-specific Direct Control DC-4-1 District regulations of
maximum density, height, entrances, waste/recycling, vehicular access,
parking, and loading.
6/2024
27/02/2024
To redistrict a portion of NE 34-55-25-W4 to Residential Mixed Form (R-X)
District
Morinville Land Use Bylaw 3/2012
Office Consolidation
Table of Contents
1.
PART ONE - GENERAL .........................................................................................................................................1
1.1.
TITLE ........................................................................................................................................................1
1.2.
PURPOSE ...................................................................................................................................................1
1.3.
INTERPRETATION .........................................................................................................................................2
1.3.1.
Definitions ...........................................................................................................................................2
1.3.2.
Land Use Classifications ..................................................................................................................... 13
1.3.3.
Date of Receipt .................................................................................................................................. 21
1.3.4.
General.............................................................................................................................................. 21
1.4.
ESTABLISHMENT AND TRANSITIONAL PROVISIONS .............................................................................................. 22
1.4.1.
Bylaw ................................................................................................................................................ 22
1.4.2.
Agencies ............................................................................................................................................ 22
1.4.3.
Districts ............................................................................................................................................. 23
1.4.4.
Regulatory Overlays ........................................................................................................................... 23
1.5.
ENFORCEMENT .......................................................................................................................................... 24
1.6.
APPLICATION TO AMEND BYLAW ................................................................................................................... 27
1.6.1.
Amendment Applications ................................................................................................................... 27
1.6.2.
Form of Application ........................................................................................................................... 27
1.6.3.
Amending Bylaws .............................................................................................................................. 28
1.6.4.
Amendment Notice Signs ................................................................................................................... 28
2.
PART TWO - DEVELOPMENT PERMITS, RULES, AND PROCEDURES ..................................................................... 29
2.1.
CONTROL OF DEVELOPMENT ......................................................................................................................... 29
2.2.
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT .................................................................................. 29
2.3.
NON-CONFORMING BUILDINGS AND USES ....................................................................................................... 31
2.4.
APPLICATION FOR DEVELOPMENT PERMIT ....................................................................................................... 33
2.5.
DECISION PROCESS ..................................................................................................................................... 36
2.6.
DEVELOPMENT PERMIT CONDITIONS AND NOTES .............................................................................................. 39
2.7.
DEVELOPMENT PERMIT NOTICES ................................................................................................................... 44
2.8.
RE-APPLICATION & REVISION ....................................................................................................................... 45
2.9.
DEVELOPMENT APPEALS .............................................................................................................................. 45
2.10.
INTERMUNICIPAL REFERRALS ........................................................................................................................ 46
3.
PART THREE - GENERAL DEVELOPMENT PROVISIONS ........................................................................................ 47
TABLE OF CONTENTS
Morinville Land Use Bylaw 2/2024
Office Consolidation
3.1.
SUBDIVISION OF LAND AND SUBSTANDARD LOTS ............................................................................................... 47
3.2.
DWELLING UNITS ON A PARCEL ..................................................................................................................... 48
3.3.
SITE GRADING AND DRAINAGE ...................................................................................................................... 48
3.4.
FENCING .................................................................................................................................................. 48
3.5.
LANDSCAPING ........................................................................................................................................... 52
3.6.
ARCHITECTURAL STANDARDS ........................................................................................................................ 57
3.7.
PROJECTION INTO YARDS ............................................................................................................................. 58
3.8.
CORNER SITES AND DOUBLE-FRONTING SITES ................................................................................................... 59
3.9.
SIGHT LINE PROTECTION .............................................................................................................................. 61
3.10.
UTILITY EASEMENTS ................................................................................................................................... 61
3.11.
AMENITY AREAS ........................................................................................................................................ 62
3.12.
RELOCATION OF BUILDINGS .......................................................................................................................... 62
3.13.
COMMUNICATION STRUCTURES .................................................................................................................... 64
3.14.
ALTERNATIVE ENERGY TECHNOLOGY .............................................................................................................. 66
3.15.
TEMPORARY BUILDINGS AND USES ................................................................................................................ 69
3.16.
EXCAVATION, STRIPPING AND GRADING .......................................................................................................... 69
3.17.
ON-SITE AND OFF-SITE SERVICES AND IMPROVEMENTS ...................................................................................... 70
3.18.
COMPREHENSIVE SITE PLANNING ................................................................................................................... 71
3.19.
OBJECTIONABLE OR RESTRICTED DEVELOPMENTS .............................................................................................. 73
4.
PART FOUR - ACCESSORY USE PROVISIONS ....................................................................................................... 74
4.1.
ACCESSORY BUILDINGS ............................................................................................................................... 74
4.2.
ACCESSORY DWELLING UNIT ........................................................................................................................ 77
4.3.
BED AND BREAKFAST ESTABLISHMENTS .......................................................................................................... 78
4.4.
FIRE PITS ................................................................................................................................................. 78
4.5.
HOME OCCUPATIONS ................................................................................................................................. 79
4.6.
PRIVATE SWIMMING POOLS AND HOT TUBS ..................................................................................................... 81
4.7.
SURVEILLANCE SUITES ................................................................................................................................. 82
5.
PART FIVE - SPECIAL USE PROVISIONS .............................................................................................................. 83
5.1.
ADULT ENTERTAINMENT ESTABLISHMENTS ...................................................................................................... 83
5.2.
ANIMAL CARE AND RELATED USES ................................................................................................................. 84
5.3.
CANNABIS SALES ....................................................................................................................................... 84
5.4.
CHILD CARE FACILITIES AND COMMERCIAL SCHOOLS .......................................................................................... 85
5.5.
DRIVE-THROUGH BUSINESSES ....................................................................................................................... 86
TABLE OF CONTENTS
Morinville Land Use Bylaw 2/2024
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5.6.
INDUSTRIAL USES ....................................................................................................................................... 88
5.7.
LIVE/WORK UNITS ..................................................................................................................................... 88
5.8.
MIXED-USE DEVELOPMENTS ........................................................................................................................ 89
5.9.
PLACES OF WORSHIP .................................................................................................................................. 90
5.10.
SHOPPING CENTRES .................................................................................................................................... 90
5.11.
SHOW HOMES .......................................................................................................................................... 91
6.
PART SIX - PARKING, LOADING AND ACCESS PROVISIONS ................................................................................. 92
6.1.
INTERPRETIVE PROVISIONS ........................................................................................................................... 92
6.2.
ON-SITE PARKING REQUIREMENTS................................................................................................................. 92
6.3.
ON-SITE LOADING REQUIREMENTS ................................................................................................................ 95
6.4.
BICYCLE PARKING ...................................................................................................................................... 96
6.5.
BARRIER-FREE PARKING .............................................................................................................................. 97
6.6.
DIFFERING PARKING REQUIREMENTS .............................................................................................................. 97
6.7.
PARKING STANDARDS ................................................................................................................................. 98
7.
PART SEVEN - SIGN PROVISIONS ..................................................................................................................... 103
7.1.
PURPOSE ............................................................................................................................................... 103
7.2.
APPLICABILITY ......................................................................................................................................... 103
7.3.
DEFINITIONS RELATING TO SIGNS ................................................................................................................. 104
7.4.
INFORMATION REQUIREMENTS FOR A DEVELOPMENT PERMIT FOR A SIGN ............................................................. 106
7.5.
GENERAL SIGN REGULATIONS ..................................................................................................................... 108
7.6.
SIGN REGULATIONS BY TYPE ....................................................................................................................... 110
7.7.
CARE AND MAINTENANCE OF SIGNS ............................................................................................................. 119
8.
PART EIGHT - LAND USE DISTRICT PROVISIONS ............................................................................................... 120
8.1.
RESIDENTIAL DISTRICTS ............................................................................................................................. 120
8.1.1.
Single Detached Residential (R-1A) District ....................................................................................... 121
8.1.2.
Single Detached Compact Residential (R-1B) District ......................................................................... 122
8.1.3.
Single Detached Estate Residential (R-1C) District ............................................................................. 123
8.1.4.
Innovative Design Residential (R-1D) District .................................................................................... 124
8.1.5.
Two-Unit Residential (R-2) District .................................................................................................... 128
8.1.6.
Medium Density Residential (R-3) District ......................................................................................... 131
8.1.7.
Medium/High Density Residential (R-4) District ................................................................................ 133
8.1.8.
Village Champlain Stage I Residential (R-VC1) District ....................................................................... 135
8.1.9.
Village Champlain Residential (R-VC) District .................................................................................... 144
TABLE OF CONTENTS
Morinville Land Use Bylaw 2/2024
Office Consolidation
8.1.10.
Manufactured Home Park Residential (R-MHP) District ..................................................................... 152
8.1.11.
Residential Mixed Form (R-X) District ............................................................................................... 156
8.2.
COMMERCIAL DISTRICTS ............................................................................................................................ 159
8.2.1.
Primary Commercial (C-1) District ..................................................................................................... 160
8.2.2.
General Commercial (C-2) District ..................................................................................................... 164
8.2.3.
Corridor Commercial (C-3) District .................................................................................................... 166
8.2.4.
Highway Commercial (C-4) District ................................................................................................... 168
8.2.5.
Neighbourhood Commercial (C-5) District ......................................................................................... 169
8.3.
OTHER LAND USE DISTRICTS ....................................................................................................................... 171
8.3.1.
Business and Industrial Park (BMP) District ....................................................................................... 172
8.3.2.
Commercial and Industrial Service (CIS) District ................................................................................ 174
8.3.3.
Parks and Open Spaces (POS) District ............................................................................................... 176
8.3.4.
Public and Private Services (PS) District ............................................................................................ 177
8.3.5.
Urban Reserve (UR) District .............................................................................................................. 179
8.4.
DIRECT CONTROL DISTRICTS ....................................................................................................................... 181
8.4.1.
Direct Control - General (DC-1) District ............................................................................................. 182
8.4.2.
Direct Control - Special (DC-2) District .............................................................................................. 183
8.4.3.
Direct Control - Site Specific (DC-3) District ...................................................................................... 184
8.4.4.
Direct Control - Site Specific (DC-4) District ...................................................................................... 219
8.4.5.
Direct Control - Cœur de Morinville Residential (DC-C) District ......................................................... 226
8.4.6.
Direct Control - Transition (DC-T) District ......................................................................................... 234
A.
SCHEDULE A - REGULATORY OVERLAY PROVISIONS ........................................................................................ 237
A.
103 STREET ............................................................................................................................................ 237
B.
SCHEDULE B -LAND USE DISTRICT MAP ........................................................................................................... 240
PART ONE - GENERAL
1
Morinville Land Use Bylaw 3/2012
Office Consolidation
1.
PART ONE - GENERAL
1.1.
TITLE
The title of this Bylaw shall be the Morinville Land Use Bylaw.
1.2.
PURPOSE
The purpose of this Bylaw is to regulate and control the use and development of land and buildings
within the Municipality to achieve the orderly and economic development of land, and for that
purpose amongst other things:
1.0
to divide the Municipality into districts;
2.0
to prescribe and regulate for each district the purposes for which land and buildings may be
used;
3.0
to establish a method of making decisions on applications for development permits including
the issuing of development permits;
4.0
to provide the manner in which notice of the issuance of a development permit is to be given;
and
5.0
to establish the number of dwelling units permitted on a parcel of land.
PART ONE - GENERAL
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Morinville Land Use Bylaw 2/2024
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1.3.
INTERPRETATION
1.3.1.
Definitions
In this Bylaw:
1.0
"abut" or "abutting" means immediately contiguous or physically touching, and, when used
with respect to a lot or site, means that the lot or site physically touches upon another lot or
site, and shares a property line or boundary line with it;
Figure 1 Abutting Lots
For Illustrative purpose only (not drawn to scale)
2.0
"accessory building" means a building separate and subordinate to the principal building, the
use of which is incidental to that of the principal building and located on the same parcel of
land;
3.0
"accessory use" means a use customarily incidental and subordinate to the principal use or
building and located in the same parcel of land with such principal use or building;
4.0
"Act" means the Municipal Government Act, R.S.A. 2000, ch. M-26, as amended, and any
Regulations made pursuant thereto;
5.0
"adjacent land" means land that is contiguous to a particular parcel of land and includes:
1. land that would be contiguous if not for a highway, road, river or stream, and
2. any other land identified in this Bylaw as adjacent for the purpose of satisfying Section 2.7
of this Bylaw;
PART ONE - GENERAL
3
Morinville Land Use Bylaw 2/2024
Office Consolidation
Figure 2 Adjacent Lot
For illustrative purpose only (not drawn to scale)
6.0
"alternative energy technology" means any system, device or structure that is used to collect
natural energy sources, such as the sun, wind, or geothermal sources to generate thermal,
electrical, or mechanical energy to use as an alternative to fossil fuels and other non-renewable
resources in order to reduce the negative impacts on the natural environment. Typical
examples are solar collectors, small wind energy systems, and geothermal energy systems:
1. "solar collector" means any device used to absorb sunlight that is part of a system used to
convert solar radiation energy into thermal or electrical energy;
2. "small wind energy system" means a wind energy conversion system consisting of a wind
turbine rotating on either a vertical or horizontal axis, a tower, and associated control or
conversion electronics, which has a rated capacity of not more than 5 kW, and which is
intended to provide electrical power for use on-site; and
3. "geothermal energy system" means a renewable source of energy that employs the use of
a heat pump to warm or cool air by utilising the constant temperatures of the Earth;
7.0
"amenity area" means an area which is developed for the active or passive recreation and
enjoyment of the occupants of a dwelling unit or dwelling units. Such area may be for either
private or communal use and may be under either individual or common ownership;
8.0
"awning" means a light detachable system typically made of fabric, sheet metal, plexiglas, or
other similar material, which is entirely supported from a building by a fixed or retractable
frame;
9.0
"bachelor suite" means a dwelling unit in which the sleeping and living areas are combined;
10.0
"balcony" means a horizontal cantilevered platform projecting from a building typically located
above the first storey, which may be partly recessed and is intended for use as a private
outdoor amenity area;
PART ONE - GENERAL
4
Morinville Land Use Bylaw 2/2024
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11.0
"basement" means the portion of a building which is wholly or partially below grade, having
above grade no more than 1.8 m (5.9 ft.)
of its clear height which lies below the
finished level of the floor directly above;
12.0
"blank wall" means an exterior wall of a
building containing no windows, doors or
other similar openings;
13.0
"boundary line" SEE line, boundary
14.0
"building" means a building, as defined in
the Act;
15.0
"building height" means the vertical
distance measured from grade using the
lowest level of finished ground elevation adjoining a building at any exterior wall to the highest
point of the building, exclusive of any accessory roof construction such as mechanical housing,
elevator housing, roof stairway entrance, ventilating fan, skylight, flagpole, parapet wall,
chimney, steeple, or similar feature not structurally essential to the building but does not
include signs or communication structures;
16.0
"canopy" means a projection extending from the outside wall of a building normally for the
purpose of shielding a part of the building from the sun;
17.0
"carport" means a roofed structure attached to a principal building used for storing or parking
not more than two (2) vehicles and which has no less than forty percent (40%) of its total
perimeter open and unobstructed but does not include a prefabricated structure;
18.0
"Chief Administrative Officer" means the Chief Administrative Officer of the Municipality
appointed by Council pursuant to the Act;
19.0
"communication structure" means a structure and any associated support systems, including
all masts, towers and antennas that are either free-standing or attached to an existing structure
that are being used or have the potential to be used to convey communication, radio, or
television signals;
20.0
"comprehensive site planning" means a development comprising one or more multi-family
dwelling units, a zero lot line development, a manufactured home park, a shopping centre, or
any multiple use building;
21.0
"corner site" SEE site, corner;
22.0
"Council" means the Council of the Municipality;
23.0
"curb cut" means the lowering of a curb, sidewalk and/or boulevard to provide vehicular
and/or pedestrian access to a site;
For illustrative purposes only (not drawn to scale)
Figure 3 Building Height
PART ONE - GENERAL
5
Morinville Land Use Bylaw 2/2024
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24.0
"deck" means an open platform projecting from a building with a height above grade equal to
or greater than 0.6 m (2.0 ft.);
25.0
"density" means a measure of the average number of dwelling units per area of defined land;
26.0
"developer" means an applicant, owner, agent or any person, firm or company involved in a
development;
27.0
"development" means a development, as defined in the Act;
28.0
"Development Authority" means the Development Authority established pursuant to the Act
through this Bylaw;
29.0
"Development Officer" means the Development Officer established pursuant to the Act
through this Bylaw;
30.0
"development permit" means a document issued pursuant to this Bylaw and authorises a
development;
31.0
"discretionary use" means the use of land or a building provided for in this Bylaw for which a
development permit may be issued, with or without conditions, upon an application having
been made, at the discretion of the Development Authority, in accordance with the Act;
32.0
"double-fronting site" SEE site, double-fronting;
33.0
"dwelling unit" means a complete building or, a self-contained portion of a building, or a set or
suite of rooms, which contains sleeping, cooking, eating, living, and sanitary facilities, and used
or intended to be used permanently or semi-permanently as a residence;
34.0
"easement" means a right to use land, generally for access to other property or as a right-of-
way for a utility;
35.0
"excavation" means any breaking of ground, but does not include landscaping of a use for
which a development permit has been issued, agricultural cultivating, limited household
gardening or ground care;
36.0
"exterior wall" means the outermost point of a building projection, including, but not limited
to, bay windows, oval windows, bow windows, chimneys and porches, but not including roof
overhangs;
37.0
"fence" means a vertical physical barrier constructed to try to reduce sound or visual intrusion
or to limit unauthorised access. A fence may include gates, lattice, chain link, or a wall, but
does not include the wall of an enclosed building;
38.0
"flanking side yard" SEE yard, flanking side;
39.0
"fire pit" means a non-combustible structure or container for the purpose of containing an
outdoor fire;
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40.0
"floor area" means the total area of all floors of a building located totally or partially above
grade, measured between the outside surface of exterior walls or within the glassline of
exterior walls and the centreline of fire walls, but not including the floor area of basements,
attached garages, porches, decks, patios, or balconies;
41.0
"floor area ratio" means the ratio or decimal resulting from dividing the floor area of all
buildings by the total area of the site on which the buildings are located;
42.0
"foundation" means the lower portion of a building, usually concrete or masonry, and includes
the footings, which transfer the weight of and loads on a building to the ground;
43.0
"front line" SEE line, front;
44.0
"front yard" SEE yard, front;
45.0
"frontage" means the length of the front line. On double-fronting sites, all front lines shall be
considered frontage;
46.0
"garage" means an accessory building, referred to as a detached garage, or that part of a
principal building, referred to as an attached garage, which is designed and/or used primarily
for the storage of motor vehicles and includes a carport;
47.0
"garage sale" means a sale of miscellaneous household goods, often held in the yard of a
dwelling unit by the residents of the dwelling unit. This use must be temporary in nature and
does not include home occupation - minor or home occupation - major;
48.0
"grade" means the finished ground elevation upon placing of topsoil and ground-level
landscaping;
49.0
"gross floor area" means the total floor area of the building or structure within the exterior and
basement walls. The gross floor area does not include basement areas used exclusively for
storage or service to the building; parking areas above or below grade; mechanical and
equipment floor area; stairwells, elevator shafts, escalators, public washrooms, commercial
kitchen and similar areas;
50.0
"gross vehicle weight" means the value specified by the vehicle manufacturer as the maximum
loaded weight of a vehicle.
51.0
"habitable room" means any room in a dwelling unit other than a non-habitable room;
52.0
"hard-surfacing" means the pouring or placing of concrete, asphalt, paving stone, or other
similar materials as the uppermost layer of a surface used primarily for the travel or parking of
motorised vehicles, but does not include sand, gravel, loose rock, cloth, or other similar
materials;
53.0
"internal site" SEE site, internal;
54.0
"landscaping" means the modification or enhancement of a site through the use of any or all of
the following elements:
PART ONE - GENERAL
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1. Soft landscaping consisting of
vegetation including grass, trees,
shrubs, hedges, ornamental
plantings, gardens (community or
otherwise), ground cover, and any
plant materials similar to the
foregoing; and
2. Hard landscaping consisting of non-
vegetative materials including
artificial turf, decorative paving,
brick, stone, washed rock, mulched
media, concrete, tile, and wood;
and other features including
playgrounds and other recreational equipment, water features, fixed seating areas, or other
structures and materials used in landscape architecture.
55.0
"lane" means a right-of-way on which motorised vehicles are normally allowed to operate, with
a width prescribed in the Municipal Design Standards generally for rear or side site access, or an
'alley' as defined in the Traffic Safety Act, as amended;
56.0
"line, boundary" means the front, rear, and/or side lines which compositionally enclose a lot or
site at its perimeter;
57.0
"line, corner" means the angled boundary line of a site that has a site line protection area on a
corner lot;
58.0
"line, front" means the boundary line of a site abutting a road. In the case of a corner site, the
shorter of the two boundary lines abutting the road shall be considered the front line. In the
case of a double-fronting site, both boundary lines abutting the roads shall be considered front
lines;
59.0
"line, rear" means the boundary line of a site lying opposite to the front line of the site and/or
farthest from a road;
60.0
"line, side" means the boundary line of a site lying between a front line and a rear line of a site.
In the case of a corner site, the longer of the two boundary lines adjacent to the road shall be
considered a side line;
61.0
"lot" means a lot, as defined in the Act;
62.0
"Land & Property Rights Tribunal" means a quasi-judicial tribunal that make decisions about
land use planning, development, right of entry, compensation and assessment matters as
defined in the Act;
63.0
"maintenance" means, only in relation to Part 2 - Development Permits, Rules, and
Procedures, the upkeep of the physical form of any building which does not require a permit
pursuant to the Safety Codes Act. Maintenance will include painting, replacing flooring,
Bylaw 2/2020
Figure 4 Lot Line Boundary
For illustrative purposes only (not drawn to scale)
PART ONE - GENERAL
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replacing roofing materials, but will not include any activity that will increase the floor area or
the internal volume of any building;
64.0
"manufactured home stall" means an area of land upon which a manufactured home unit is to
be located within a manufactured home park, and which is reserved for the exclusive use of the
residents of that particular manufactured home unit;
65.0
"multi-unit dwelling" means a building containing three (3) or more dwelling units, and
includes apartments, ground-oriented multiple unit dwellings, and supportive housing;
66.0
"Municipality" means the Town of Morinville;
67.0
"net residential hectare" means a hectare of residential land which does not include road
allowances or land for any other uses;
68.0
"non-conforming building" means a building that is lawfully constructed or lawfully under
construction at the date that a Land Use Bylaw or any amendment thereof affecting the
building or land on which the building is situated becomes effective, and that on the date the
Land Use Bylaw becomes effective does not, or when constructed will not, comply with the
Land Use Bylaw as defined in the Act;
69.0
"non-conforming use" means a lawful specific use of land or a building or intended to be made
of a building lawfully under construction, at the date a Land Use Bylaw or any amendment
thereof, affecting the land or building becomes effective, and that on the date the Land Use
Bylaw becomes effective does not, or in the case of a building under construction will not,
comply with the Land Use Bylaw, as defined in the Act;
70.0
"non-habitable room" means a space in a dwelling unit providing a service function and not
intended primarily for human occupancy, including, among other areas, bathrooms, entry ways,
corridors, and storage areas;
71.0
"nuisance" means a nuisance, as defined in the Municipality's Community Standards Bylaw, and
includes anything that is offensive to the senses;
72.0
"occupancy" means the use or intended use of a building or part thereof for the shelter or
support of persons or property;
73.0
"offensive" means, when used with reference to a development, a use by its nature, or from
the manner of carrying on the same, creates or is liable to create noise, vibration, particulate
matter, odour, or a condition which, in the opinion of the Development Authority, may be or
may become hazardous or injurious to health or safety, or which adversely affects the
amenities of the neighbourhood, or interferes with or may interfere with the normal enjoyment
of any land or building;
74.0
"owner" means the person shown as the owner of land on the assessment roll prepared under
the Act;
Bylaw 2/2020
PART ONE - GENERAL
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75.0
"parapet wall" means that part of an exterior wall, party wall, or fire wall extending above the
roof line, or a wall which serves as a guard at the edge of a balcony or roof;
76.0
"parcel of land" means a parcel of land, as defined in the Act;
77.0
"parking area" means the area set aside for the parking of vehicles. Components of parking
areas include parking spaces, loading spaces, aisles, accesses and egresses to the parking area,
and traffic islands where they are part of the parking area. A parking area may be within a
building, and, if so, is commonly referred to as a parkade and includes a garage;
78.0
"parking space" means an area set aside for the parking of one (1) vehicle;
79.0
"patio" means any developed surface usually adjacent to a building which is less than 0.6 m (2.0
ft.) above grade;
80.0
"Peace Officer" means a member of the Royal Canadian Mounted Police, or a Community
Peace Officer of the Municipality, pursuant to the Public Security Peace Officer Program and the
Peace Officer Act, as amended;
81.0
"permanent material" means any exterior finishing material commonly used in building
construction that complies with the Safety Codes Act;
82.0
"permitted use" means the use of land or a building provided for in this Bylaw for which a
development permit shall be issued, with or without conditions, upon an application having
been made provided that the proposed development complies in all respects with this Bylaw in
accordance with the Act;
83.0
"porch" means any open structure attached to a building with means of passage between the
building and the outside that is covered by a roof, and may be partially enclosed with walls,
windows or screens, provided that the structure is not entirely enclosed with walls. Roofs may
be open to, or provide protection from, the elements. For the purposes of this Bylaw, a
veranda shall be considered a porch;
84.0
"prefabricated structure" means a building normally constructed off-site and transported to
the site, or is made of components manufactured off-site and packaged as a commodity for
assembly on site, which may be used for storage of goods and materials or other purposes.
Prefabricated structures include fabric structures, and shipping containers either new or
previously used for shipping cargo, goods and/or materials, but does not include manufactured
home units, or recreational vehicles or tents periodically used for camping purposes or open air
shelters;
85.0
"principal building" means a building which:
1. occupies the major or central portion of a site;
2. is the chief or main building among one or more buildings on the site, or
3. constitutes by reason of its use the primary purpose for which the site is used.
86.0
"principal use" means the primary purpose or purposes for which a building or site is used;
PART ONE - GENERAL
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87.0
"rear line" SEE line, rear;
88.0
"rear yard" SEE yard, rear;
89.0
"recreational vehicle" means a recreational vehicle, as defined in the Municipality's Community
Standards Bylaw;
90.0
"road" means a right-of-way on which motorised vehicles are normally allowed to operate, or a
road as defined in the Act and includes a highway, but does not include a lane;
91.0
"separation space" means a horizontal open space provided around a dwelling unit, and may
be entirely outside the boundary lines of the site on which the dwelling unit is located;
92.0
"setback" means the distance that a development or a specified portion of it, must be set back
from a property line or other object. A setback is not a yard, amenity space, or separation
space;
93.0
"setback, corner line" means the distance that a development or a specified portion of it, must
be set back from the corner property line on a corner site. A setback is not a yard, amenity
space, or separation space;
94.0
"side line" SEE line, side;
95.0
"side yard" SEE yard, side;
96.0
"site" means a lot, a part of a lot, or a number of abutting lots or parts of lots which are
considered for a single use or a mixture of
uses, which is owned or managed as a
single unit;
97.0
"site area" means the total area of a site;
98.0
"site coverage" means the percentage of
the site area covered by the sum of the
ground floor areas of all buildings on the
site;
99.0
"site depth" means the average
horizontal distance between the front
and rear lines of a site measured either
perpendicular to the front line, or
perpendicular to the tangent on a curve
from the midpoint of a curved front line;
100.0 "site width" means, unless otherwise
defined in this Bylaw, the average horizontal distance between the side lines or, where the site
width would be shorter, the distance between the side lines at either the minimum required
front yard distance or the minimum required rear yard distance, whichever distance is the
Figure 5 - Site Width
For illustrative purposes only (not drawn to scale)
Bylaw 2/2020
Bylaw 2/2020
PART ONE - GENERAL
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shorter, measured parallel to the front line or at right angles to the tangent on a curve from the
midpoint of a curved front line;
101.0 "site, corner" means a site with boundary
lines along two or more roads which
intersect at an angle of less than one
hundred thirty five (135) degrees, not
including the intersection of a road and a
lane, or a single road that curves such
that the arc of the inside boundary of the
road is less than 45.0 m (147.6 ft.) in
radius over an angle of more than forty-
five (45) degrees along the boundary line
of the site;
102.0 "site, double-fronting" means a site
which abuts two roads and which is not a
corner site;
103.0 "site, internal" means a site which is bordered
by only one (1) road;
104.0 "storefront" means commercial developments which are oriented to a road, with parking areas
located at the side or rear of a building, such that access to the principal entrances of a building
from the front line is not transected by a parking area, or any front yard that is of a size which is
not compatible in scale and character with adjacent developments;
105.0 "storey" means the space between one floor of a multi-storey building and the next floor above
it. The upper limit of the top storey shall be the ceiling above the topmost floor. A basement
shall not be considered a storey;
106.0 "structural alteration" means the addition to, deletion from, or change to any building which
modifies any foundation, floor area, exterior wall and/or roof, and includes any changes in
permanent material to those respective parts of the building;
107.0 "Subdivision and Development Appeal Board" means the Subdivision and Development
Appeal Board established pursuant to the Act through the Municipality's Subdivision and
Development Appeal Board Bylaw;
108.0 "Subdivision Authority" means the Subdivision Authority established pursuant to the Act
through the Municipality's Subdivision Authority Bylaw;
109.0 "substandard lot" means any lot which is smaller, in area or in any dimension, than the
minimum area or dimension stipulated in the regulations of the District in which the lot is
located;
Figure 6 - Corner Sites and Double-Fronting Sites
For illustrative purposes only (not drawn to scale)
Bylaw 17/2015
PART ONE - GENERAL
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110.0 "temporary building" means a building that has been
allowed to be located and/or used for a limited time
only. Temporary buildings include construction shacks
used for administrative and/or storage purposes
during construction of a large-scale development;
111.0 "use" means the purpose or activity for any and all of
which a development, subdivision, site, a parcel of
land, or a lot and any buildings located on it are
designed, arranged, developed, or intended, or for
which it is occupied or maintained, and includes
principal and accessory uses;
112.0 "violation ticket" means a ticket that is issued
pursuant to the Provincial Offences Procedure Act;
113.0 "violation tag" means a ticket or similar document
issued by a Peace Officer pursuant to the Municipal Government Act;
114.0 "yard" means a part of a site which is unoccupied and unobstructed by any building or portion
of a building above the ground level, unless otherwise allowed by this Bylaw;
115.0 "yard, flanking side" means a side yard abutting the road of a corner site;
116.0 "yard, front" means a yard extending across the full width of a site from the front line to the
nearest point on the exterior of the principal building situated on the site, except any portion of
a building that this Bylaw permits to be located in a yard, measured at right angles to the front
line. In the case of a curved front line, the front yard will also form a curve;
117.0 "yard, rear" means a yard extending across the full width of a site from the rear line to the
nearest point on the exterior of the principal building situated on the site, except any portion of
a building that this Bylaw permits to be located in a yard, measured at right angles to the rear
line. In the case of a curved rear line, the rear yard will also form a curve;
118.0 "yard, side" means a yard extending from the side line to the nearest point on the exterior of
the principal building situated on the site, except any portion of a building that this Bylaw
permits to be located in a yard, and lying between the front and rear yards on the site,
measured at right angles to the side line. In the case of a curved sideline, the side yard will also
form a curve;
Figure 6 - Front, Side, Flanking Side and Rear Yards
For illustrative purposes only (not drawn to scale)
PART ONE - GENERAL
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1.3.2.
Land Use Classifications
In this Bylaw:
1.0
"adult entertainment establishment" means:
1.1. development or part thereof where, for any consideration, live performances are held,
the central feature of which is any real or perceived sexual act, partial or complete nudity;
and
1.2. any cinema or store selling/renting/viewing explicit adult entertainment;
Typical uses include adult mini theatres, strip clubs or shows, peepshows, erotic dance clubs,
adult massage parlours and exotic lounges.
2.0
"agricultural industry" means an industrial activity involving the processing, cleaning, packing,
distribution, or storage of agricultural products such as crops. Typical uses include seed cleaning
and/or processing plants, grain elevators, and cannabis production facilities, but does not
include the manufacture of processed foods from agricultural products or abattoirs;
3.0
"alcohol sales" means a development used for the retail sale to the public of any and all types
of alcoholic beverages and may include the retail sales of related products such as soft drinks
and snack foods;
4.0
"amusement establishment - indoor" means a development where the principal use is
providing entertainment or amusement to the public for a fee;
5.0
"amusement establishment - outdoor" means a development providing recreational facilities
outdoors played by patrons for entertainment.
6.0
"animal shelters" means a development used for the temporary accommodation and care or
impoundment of small animals within an enclosed building. This use does not include small
animal breeding and boarding establishments or veterinary clinic and animal hospitals;
7.0
"apartment" means a building containing three (3) or more dwelling units having a common
entrance from the exterior;
8.0
"art studio" means a development used for the indoor production of various forms of art;
9.0
"auctioneering establishment" means a development specifically intended for the auctioning of
goods and equipment, including the temporary storage of such goods and equipment. This use
does not include flea markets or the auctioning of animals or livestock;
10.0
"automotive and equipment repair shop" means a development where automobiles,
motorcycles, snowmobiles and similar vehicles are serviced or mechanically repaired and where
related accessories and parts are sold and/or installed;
11.0
"automotive sales/rentals establishment" means a development where new or used
automobiles, motorcycles, recreational vehicles, or watercraft are sold or rented, together with
incidental maintenance services and sale of parts. Typical uses include automobile dealerships,
Bylaw 3/2018
PART ONE - GENERAL
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car rental agencies, and motorcycle dealerships, but does not include dealerships for the sale of
trucks with a gross vehicle weight rating greater than 5500 kg (12,125 lbs.), or the sale of
vehicles with either a gross vehicle weight rating greater than 6000 kg (13,227.7 lbs.) or a
length greater than 6.7 m (22.0 ft.);
12.0
"automotive body repair and paint shop" means a development where the bodies of vehicles
are serviced and repaired;
13.0
"accessory dwelling unit" means self-contained dwelling unit accessory to a principal dwelling
unit, contained within a principal building or in an accessory building, which is located on the
same parcel of land registered under the same land title as the principal dwelling unit;
14.0
"bed and breakfast establishment" means a development within a building which possesses a
dwelling unit, where temporary sleeping accommodations, up to a maximum of four (4)
bedrooms, with or without meals, are provided for remuneration to members of the public;
15.0
"boarding and lodging house" means a development, with or without a dwelling unit, where
temporary sleeping accommodations of three (3) or more bedrooms, with or without meals,
are provided for remuneration to members of the public;
16.0
"business support services establishment" means a development providing support services to
typical business operations;
17.0
"cannabis sales" means a development licensed by the Province of Alberta used for the retail
sale to the public of cannabis, as defined in the Cannabis Act (Canada) and its regulations as
amended from time to time, and may include the retail sales of related accessory products;
18.0
"car wash" means a building or structure for use by the general public containing facilities for
the washing of motor vehicles for a fee, either by production line methods employing
mechanical devices or by hand;
19.0
"casino and gaming establishment" means a development where games of chance or
percentage are the principal use of the facility. Typical uses include bingo halls, but does not
include amusement establishments or other facilities that house a bingo or casino on an
infrequent basis;
20.0
"cemetery" means a development for the entombment of the deceased;
21.0
"child care facility" means a development where care and supervision, but not overnight
accommodation, is provided to seven (7) or more children as defined in the Alberta Child Care
Licensing Regulation, as amended;
22.0
"child day home" means a child care facility operated in a private residence and complies with
the Alberta Family Day Home Standards but does not include child care programs as defined by
the Child Care Licensing Act. This use may be considered under a home occupation - major if it
is not a separate use within the Land Use District;
Bylaw 3/2018
PART ONE - GENERAL
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23.0
"commercial school" means a development where training and instruction in a specific trade,
skill or service is provided;
24.0
"community centre" means a municipally-owned development providing services to the
community;
25.0
"community recreation service" means a development without fixed seats and with an
occupancy capacity of less than five hundred (500) persons, primarily intended for local
community purposes, where recreational, social, or multipurpose activities occur and may
include the on-site preparation of food and beverages for consumption by users of the service;
26.0
"contractor services - general" means a development used for the provision of building
construction, landscaping, utilities, road work or similar services of a construction nature which
require on-site storage space normally associated with the contractor services. Any sales,
display, office or technical support service areas shall be accessory to the principal use only;
27.0
"contractor services - limited" means a development where some of the general contractor
services are provided, primarily to individual households, and where goods normally associated
with the contractor service may be sold, where all materials are kept within an enclosed
building, and there are no accessory manufacturing activities or fleet storage of more than four
(4) vehicles;
28.0
"drive-through business" means a development or part of a development which serves
customers travelling in motor vehicles driven onto the site where such business is carried on,
where normally the customer remains in the vehicle for service.;
29.0
"duplex - side-by-side" means a building containing two (2) dwelling units which share a
common wall, and which are located one entirely beside the other;
30.0
"duplex - stacked" means a building containing two (2) dwelling units which are located at least
in part above and below each other, or in-front and behind each other, and which may share a
common wall. This use does not include an accessory dwelling unit;
31.0
"rental establishment" means a development where items are rented and serviced. This use
does not include developments where motor vehicles or industrial equipment are rented or
serviced;
32.0
"exhibition and convention facility" means a development which provides permanent facilities
for large meeting spaces, conventions, and outside presentation grounds;
33.0
"extended medical treatment facility" means a hospital or similar development which provides
medical treatment for the sick, injured, or infirm, and which may include out-patient services
and accessory staff residences;
34.0
"extensive agriculture" means an agricultural operation which involves the raising of crops, but
not livestock;
PART ONE - GENERAL
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35.0
"farm implement dealership" means a development where the primary purpose or the
majority of the inventory is for the sale or rental of any implement, or equipment intended for
use in farming operations and includes related maintenance services and sale of parts;
36.0
"financial services" means the provision of financial and investment services;
37.0
"fleet services" means a development which administers a number of vehicles which deliver
people, goods, or services, and where such vehicles are not available for sale or long term lease.
Fleet services may include the storage and servicing of administered vehicles, but does not
include moving or cartage firms involving vehicles with a gross vehicle weight of more than
3000 kg (6613.9 lbs.);
38.0
"funeral services" means a development where the dead are prepared for burial or cremation
and where funeral services are held;
39.0
"gas bar" means a development where gasoline, lubricating oils, and other automotive fluids
and automobile accessories are bought and sold. This use does not include facilities for the
servicing or repairing of motor vehicles or service stations;
40.0
"government services" means a development where municipal, provincial, or federal
government services are provided directly to the public;
41.0
"greenhouse and plant nursery" means a development where bedding, household and
ornamental plants are raised, stored and sold, together with incidental accessories and may
include gift shops as an accessory use. This use does not include cannabis sales;
42.0
"ground-oriented multiple unit dwelling" means a single building containing at least three (3)
dwelling units with each unit having direct exterior access and no common entrance;
43.0
"group care facility" means a development which provides resident care services and
supervision to seven (7) or more individuals. These individuals are provided services to meet
their needs;
44.0
"group home" means a development which provides resident care or rehabilitation service in a
dwelling unit to six (6) or fewer individuals. These individuals are provided service and
supervision in accordance with their individual needs;
45.0
"health service" means a development where physical or mental health services are provided
on an out-patient basis;
46.0
"home occupation - major" means a business carried on as a use accessory to the residential
use of a site, and which does not change the principal use or character of the building in which
it is located or have any exterior evidence of such accessory use other than a small sign,
including outdoor storage and outdoor business activity. The business is operated by a resident
of the principle dwelling unit and can serve multiple clients on site by appointment, store
products, and receive deliveries. The use must ensure measures are taken to be consistent with
the character of the district and cannot fully mimic the operation of a business suitable to
commercial district;
Bylaw 3/2018
PART ONE - GENERAL
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Morinville Land Use Bylaw 2/2024
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47.0
"home occupation - minor" means a business carried on as a use accessory to the residential
use of a site, and which does not change the principal use or character of the building in which
it is located or have any exterior evidence of such accessory use including signage, outdoor
storage and outdoor business activity. A minor home occupation may have one (1) client visit at
a time, limited deliveries, and may not have any noticeable impacts on adjacent properties. The
use must ensure measures are taken to be consistent with the character of the district and
cannot fully mimic the operation of a business suitable to commercial district;
48.0
"home office" means an accessory development within a dwelling unit for a business that
involves a professional or service office operated by a permanent resident and which does not
involve any external signage, client or customer visitations including deliveries;
49.0
"hotel / motel" means a development containing at least three units for accommodation,
mainly used for the purpose of catering to the needs of the travelling public by providing
sleeping accommodation and includes a motel or motor hotel. This use does not include a bed
and breakfast establishment. Accessory developments that may be approved as part of a hotel
development include exhibition and convention facilities, personal service shops, and
restaurants;
50.0
"household repair service" means a development where goods, equipment and appliances
normally found within a dwelling unit may be repaired Household repair services shall not have
any outdoor storage associated with the principal use;
51.0
"industrial use - general" means a development used for manufacturing, assembly,
warehousing, processing of raw materials, or distributing, which does not produce significant
toxic or noxious by-products, and where any actual or potential adverse impacts, such as those
considered offensive as defined in this Bylaw, are contained within an enclosed building, but
does not include agricultural industry;
52.0
"industrial use - medium" means a development which would be considered to be a general
industrial use except that any actual or potential impacts, provided they are not offensive as
defined in this Bylaw, may extend beyond the boundaries of the site;
53.0
"industrial vehicle and equipment sales/rentals establishment" means a development where
new or used heavy vehicles, machinery, or mechanical equipment are sold or rented, together
with incidental maintenance services and sale of parts. This use does not include farm
implement dealerships, truck and recreational vehicle sales/rental establishments, or
automotive sales/rental establishments;
54.0
"libraries and cultural exhibits" means a place where literary, artistic, municipal and/or similar
reference materials in the form of books, manuscripts, recordings, and films are stored,
collected, and distributed for public use, or viewing; or a development where works or objects
of historical, scientific, or artistic value are collected, preserved and exhibited to the public;
55.0
"licenced drinking establishment" means a development where the primary purpose is the sale
of alcoholic beverages for consumption on-site, where a licence for the sale of liquor that
prohibits minors on the premises or a designated portion of the premises at any time is issued
by the Alberta Gaming and Liquor Commission, and may also include related purposes such as
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entertainment, dancing, music and the preparation and sale of food for consumption. This use
does not include a restaurant or adult entertainment establishment;
56.0
"live/work unit" means a building containing and designed to be used concurrently as one (1)
dwelling unit and as one (1) commercial use; and for which a total of two (2) dwelling units and
two (2) commercial uses within a building may also be located one entirely beside the other
sharing a common wall on the same site. This does not include a home office, home occupation
or a mixed-use developments;
57.0
"manufactured home park" means any site on which two (2) or more occupied manufactured
home units are harboured or are permitted to be harboured, and shall include any building,
structure, tent, vehicle or enclosure used or intended for use as a part of the equipment
required for the operation of such manufactured home park;
58.0
"manufactured home unit" means a prefabricated detached dwelling unit that meets Canadian
Standards Association (CSA) standards and meets the requirements of the Alberta Building
Code. This applies to both single section and multi-section models, but does not apply to
modular construction, recreational vehicles, or industrial camp trailers;
59.0
"mixed-use development" means a development comprising a commercial/institutional use or
uses and a residential use or uses, all within the same or different buildings on the same parcel.
This use does not include live/work units;
60.0
"office use" means a development where government, professional, management,
administrative, and consulting services may be provided;
61.0
"off-street parking lot" means a parking area which is located on a parcel of land and not
accessory to a particular use or development;
62.0
"outdoor storage" means a development or an outdoor area forming part of a development
used for the storage of goods, materials, products, or equipment that are or may be placed
outside of a building on a more or less permanent or continuous basis;
63.0
"personal service shop" means a development where personal services related to the care and
appearance of the body, or the cleaning and repair of personal effects are provided to persons,
but does not include health services;
64.0
"pet store and grooming" means a development for the sale, indoor care or grooming of small
domestic animals considered to be household pets;
65.0
"place of worship" means a development where worship and related religious, philanthropic,
and social activities occur. Accessory developments include rectories, manses, classrooms, and
dormitories;
66.0
"private club" means a development used for the meeting, social, or recreational activities of
members of a non-profit philanthropic, social service, athletic, business, or organisation, with
neither on-site dwelling units nor hotel or motel rentable units;
Bylaw 8/2013
Bylaw 17/2016
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67.0
"protective and emergency services" means a development where the administration of the
protection of persons and property from injury, harm or damage takes place, and where the
equipment necessary for such activities is stored, maintained, and supplied;
68.0
"public education facility" means a development where educational, training, or instruction
occurs under the auspices of a School Division or under the auspices of an organisation
authorised by the Province to provide education similar to that which would be provided by a
School Division and their administrative offices, storages, and maintenance facilities;
69.0
"public park" means a development designed or reserved for active or passive recreational use,
including all natural and man-made open space and landscaping, facilities, playing fields, and
buildings that are consistent with the general purposes of recreation, whether or not such
recreational facilities are publicly operated or operated by other organisations pursuant to
arrangements with the public authority owning the public park;
70.0
"public use" means a development where public services are provided by the Municipality, by
any local board or agency of the Municipality, by any department, commission or agency of the
Government of Alberta or of Canada, or by any public utility. This use does not include office
uses, protective and emergency services, and major and minor utility services;
71.0
"public utility" means a public utility, as defined in the Act. A public utility building means a
building in which the proprietor of the public utility maintains its office or offices and/or
maintains or houses any equipment used in conjunction with the public utility;
72.0
"recreational facility" means a development for sports and active recreation;
73.0
"recycling depot" means a development where bottles, cans, newspapers, and similar non-
hazardous household goods are bought, sold, and temporarily stored for reuse and where all
storage is contained within an enclosed building or an enclosed compound;
74.0
"restaurant" means a development where the primary purpose is the sale of food and
beverages prepared and offered for retail sale to the public for immediate consumption either
on or off the premises. This use does not include a licenced drinking establishment but may be
licenced for alcohol serving purposes;
75.0
"retail store - convenience" means a development where goods required on a day to day basis
are bought and sold. The floor area of a convenience retail store shall not exceed 275.0 m²
(2,960.1 sq. ft.), excluding the floor areas of mechanical rooms, utility rooms, and public
washrooms. This use does not include cannabis sales;
76.0
"retail store - general" means a large scale retail development where a variety of goods are
sold or rented within a building. This use does not include warehouse sales, or developments
where gasoline, new or used motor vehicles, alcohol, cannabis, heavy agricultural and/or
industrial equipment are sold or rented;
77.0
"retail store - specialty" means a small-scale retail development primarily focused on the sale
of various sundries. This use does not include cannabis sales;
Bylaw 3/2018
Bylaw 3/2018
Bylaw 3/2018
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78.0
"self-service storage facility" means a development where varying sizes of individual,
compartmentalised, and controlled access lockers are provided within a fenced compound or
within a building for the storage of a customer's goods or wares. The maximum height of
lockers shall be 3.0 m (9.8 ft.). This use does not include any outdoor storage;
79.0
"service station" means a development where gasoline, lubricating oils, and other automotive
fluids and accessories for motor vehicles are bought and sold and includes facilities for the
servicing of motor vehicles, and a towing service dispatch point;
80.0
"shopping centre" means a development consisting of a building or a group of buildings,
comprising general retail stores, personal service shops, office uses, and similar uses, with
shared off-street parking facilities, and which may be managed as a single unit;
81.0
"show home" means a permanent or temporary building or structure used temporarily for the
purpose of illustrating to the public the type and character of dwelling units to be constructed
in other parts of a neighbourhood or development in which the show home is located. Show
homes may contain offices for marketing residential lots or dwelling units in the Municipality;
82.0
"single detached dwelling" means a building consisting of one (1) dwelling unit, and, if the
provisions of this Bylaw allow, an accessory dwelling unit;
83.0
"small animal breeding and boarding establishment" means a development where small
animals normally considered to be household pets are boarded, bred, cared for, raised for
remuneration or sale, or trained but does not include veterinary clinics and animal hospitals;
84.0
"supportive housing" means housing of a multiple dwelling unit form that allows residents who
have some need for support services to maintain their social and functional independence
while having access to common support services such as meals, laundry and house-keeping
services within a group living arrangement;
85.0
"surveillance suite" means a dwelling unit used to accommodate a person or persons whose
function is to provide surveillance for the maintenance and safety of the development. A
surveillance suite will be attached to or within the exterior walls of the principal building;
86.0
"temporary use" means a use that has been allowed to be located and/or operate for a limited
time only defined by a development permit;
87.0
"theatre" means a facility within an enclosed building specifically for live theatrical, cultural,
musical or dance performances as well as the showing of motion pictures, but does not include
adult entertainment establishments;
88.0
"truck and recreational vehicle sales/rentals establishment" means a development where new
or used trucks with a gross vehicle weight rating of 4000 kg (8818.5 lbs.) or greater, motor
homes, and recreational vehicles with a gross vehicle weight rating of 6000 kg (13,227.7 lbs.) or
greater or a length greater than 6.7 m (22.0 ft.) are sold or rented, together with incidental
maintenance services and sale of parts;
Bylaw 19/2014
Bylaw 17/2016
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89.0
"utility services - major" means a development of a public utility or a public utility building or a
government service function which, in the opinion of the Development Authority, is likely to
have a major impact on the environment or on adjacent uses by virtue of its potential emissions
or effects or its appearance;
90.0
"utility services - minor" means a development of a public utility or a public utility building or a
government service function which, in the opinion of the Development Authority, is not likely
to have a major impact on the environment or on adjacent uses by virtue of potential emissions
or effects or appearance;
91.0
"veterinary clinic and animal hospital" means a development where animals are cared for and
treated. Veterinary clinics and hospitals primarily involve outpatient care and minor medical
procedures involving hospitalisation for fewer than four (4) days;
92.0
"veterinary clinic and animal hospital - small animal" means a development where small
animals are cared for and treated. Veterinary clinics and animal hospitals primarily involve
outpatient care and minor medical procedures involving hospitalisation for fewer than four (4)
days. All animals shall be kept within an enclosed building;
93.0
"warehouse sales establishment" means a development where bulky goods are sold from
within an enclosed building where the size and nature of the principal goods being sold typically
require large floor areas for direct display to the purchaser or consumer;
1.3.3.
Date of Receipt
1.0
Where a subdivision or development permit approval or refusal, subdivision or development
appeal notice, notice to reclassify lands, notice of contravention including Stop Orders, or
notice of appeal hearing is sent, given or served by mail, and the document is properly
addressed and sent by prepaid regular mail, unless the contrary is proven, the service shall be
presumed to be effected seven (7) days from the date of mailing if the document is mailed in
Alberta to an address in Alberta. In the event of a dispute, the Interpretation Act, as amended,
shall apply.
1.3.4.
General
1.0
Within this Bylaw, both Metric and Imperial measures are normally provided, the Imperial
measures within brackets. However, the Imperial measures are approximate, and are provided
only for information, and in order to provide some comparison for persons who are unfamiliar
with Metric measures. As a result, the metric measurement shall take precedence for the
purposes of interpretation of this Bylaw.
2.0
Headings within this Bylaw are inserted for convenience of reference only and in no way
whatsoever expand, limit, define or affect this Bylaw. Words herein imparting number or
gender shall be construed in grammatical conformance with the context of the Bylaw, including
but not limited to reference to Parts of this Bylaw which are expressed as either a numeral or
word. Definitions given herein shall be applicable to the singular and plural forms of the terms
defined.
Bylaw 2/2014
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3.0
Terms defined within this Part which have qualifiers assigned to them, including but not limited
to "general", "major", and "minor", are interchangeable throughout this Bylaw as either
preceding the term or following affixed with a "-" for alphabetical organization and
convenience of reference, and have the same meaning assigned to them.
4.0
Within this Bylaw, the terms "written" or "in writing" are to include digital or electronic
communications with a clear or registered recipient.
1.4.
ESTABLISHMENT AND TRANSITIONAL PROVISIONS
1.4.1.
Bylaw
1.0
No provisions of previous bylaws with respect to land use classifications, development control
and development schemes shall hereafter apply to any part of the Municipality described in this
Bylaw, subject to Subsection 2.0 hereof.
2.0
deleted
3.0
Any reference in this Bylaw to other bylaws, provincial or federal statutes and regulations shall
be a reference to the bylaw, statute or regulation then in effect and shall include all
amendments and any successor legislation.
1.4.2.
Agencies
Development Authority
1.0
For the purposes of this Bylaw, the Development Authority shall be:
1.1.
the Development Officer, and
1.2.
only within the DC-1, the DC-2, and the DC-T Districts, the Council,
with their duties and responsibilities as described elsewhere in this Bylaw.
2.0
If the Development Officer is to be acting in accordance with this Bylaw, the term
"Development Authority", when used in this Bylaw, shall be the Development Officer.
3.0
If the Council is to be acting in accordance with this Bylaw, the term "Development Authority",
when used in this Bylaw, shall be the Council.
Development Officer
4.0
The Chief Administrative Officer or a designate, shall exercise the powers, duties and functions
of the Development Officer specified in this Bylaw.
5.0
The Development Officer shall perform such duties that are specified in Subsections 6.0 hereof
and elsewhere in this Bylaw.
Bylaw 2/2014
Bylaw 4/2019
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6.0
The Development Officer shall keep and maintain for the inspection of the public during all
reasonable hours, a digital copy of this Bylaw and all amendments thereto, and keep a register
of all applications for development, including the decisions thereon.
Council
7.0
The Council shall perform such duties that are specified for it in this Bylaw.
1.4.3.
Districts
1.0
The Municipality is divided into land use Districts as established in Part 8 - Land Use District
Provisions of this Bylaw.
2.0
The boundaries of the Districts established in Part 8 - Land Use District Provisions of this Bylaw
are as delineated in Schedule A - Land Use District Map.
3.0
Where uncertainty exists as to the boundaries of Districts as shown on the Land Use District
Map, the following rules shall apply:
3.1.
Where District boundaries are shown to approximate the following, they shall be
deemed to be:
i.
the lot boundaries,
ii.
the municipal boundaries, or
iii.
the centre lines of the right-of-way of a road or lane.
3.2.
In circumstances not covered by Subsection 3.1 hereof, the location of the boundary
shall be determined:
i.
where dimensions are set out on the Land Use District Map, by the dimensions so
set, or
ii.
where no dimensions are set out on the Land Use District Map with respect to
such boundary, by measurement of and use of the scale shown on the Land Use
District Map by the Development Authority.
4.0
Where Districts have been established in accordance with a proposed subdivision of land, the
boundaries of the District shall be understood to conform to the boundaries of the certificate of
title or as shown on the Plan of Survey or Descriptive Plan when it is registered in a Land Titles
Office. Prior to the registration, the District boundaries shall be determined on the basis of the
dimensions stated in the proposed plan of subdivision or on the scale of the Land Use District
Map where dimensions are not provided.
1.4.4.
Regulatory Overlays
1.0
Regulatory Overlays shall be as set forth in Schedule A - Regulatory Overlay Provisions.
2.0
Within Regulatory Overlay areas, the uses and regulations indicated within the various Districts
are modified in accordance with the regulations of the Regulatory Overlay.
PART ONE - GENERAL
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3.0
Subsections 1.4.3.3.0 and 1.4.3.4.0 also apply to the Regulatory Overlay areas and their
prescribed boundaries as set forth in Schedule A - Regulatory Overlay Provisions.
1.5.
ENFORCEMENT
1.5.1.
Contravention
1.0
Where a Development Authority finds that a development or use of land or buildings is not in
accordance with:
1.1.
the Act or the regulations made thereunder;
1.2.
a development permit or subdivision approval;
1.3.
terms of a Development Agreement; or
1.4.
this Bylaw;
the Development Authority may, by notice in writing, order the owner, the person in
possession of the land or buildings, or the person responsible for the contravention, or all or
any of them to:
i.
stop the development or use of the land or buildings in whole or in part as directed by the
notice; or
ii.
demolish, remove, or replace the development; or
iii.
take such other measures as are specified in the notice so that the development or use of
the land or buildings is in accordance with the Act, the regulations made thereunder, a
development permit, subdivision approval, or this Bylaw;
as the case may be and may provide a date by when the order must be complied with.
2.0
A stop order issued under the Act may be appealed pursuant to the Act.
3.0
Where a person fails or refuses to comply with an order directed to them under Subsection 1.0
hereof or an order of the Subdivision and Development Appeal Board or Land and Property
Rights Tribunal within the time specified, the Development Authority may, in accordance with
the Act:
3.1.
enter upon the land or building and take such action as is necessary to carry out the
order at the owner's expense and or;
3.2.
register a caveat with respect to a Stop Order in the Alberta Land Title Office
4.0
Any person who fails to comply with an order issued under Subsection 1.0 hereof, or an order
of the Subdivision and Development Appeal Board, or Land and Property Rights Tribunal, within
the time period prescribed by the order is guilty of an offence and liable, upon summary
conviction, for the fine of:
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4.1.
$300.00 for a first offence; or
4.2.
$600.00 for a second offence or subsequent offences; or
4.3.
Increasing sums for additional offences; or
4.4.
Another sum deemed appropriate by the Development Authority based on the severity
or flagrance of an offence.
5.0
Any person who fails to comply with a development permit, subdivision approval, or this Bylaw
is guilty of an offence and liable, upon summary conviction, for the fine for the offence, as set
out in this Bylaw.
1.5.2.
Violation Tags
1.0
A designated officer is hereby authorized and empowered to issue a violation tag to any person
who the designated officer has reasonable and probable grounds to believe has contravened
any provision of this Bylaw;
2.0
A violation tag may be issued to such person:
2.1.
personally, or
2.2.
by mailing a copy to such person at their last known post office address
3.0
A violation tag issued in respect to a violation of this bylaw shall state;
3.1.
The name of the person to whom the tag is issued;
3.2.
the offence;
3.3.
the specified penalty established by this Bylaw for the offence;
3.4.
that the penalty shall be paid within seven (7) days of the issuance; and
3.5.
any other information as may be required by the Chief Administrative Officer.
4.0
Where a violation tag is issued pursuant to this Bylaw, the person to whom the tag is issued
may, in lieu of being prosecuted for the offence, pay to the Town the penalty specified in the
tag within the time period indicated on the tag.
1.5.3.
Violation Tickets
1.0
If a violation tag has been issued and if the specified penalty has not been paid within the
prescribed time, then a violation ticket may be issued pursuant to the Provincial Offences
Procedures Act;
2.0
Notwithstanding Section 1.5.4. Voluntary Payment, a designated officer is hereby authorized
and empowered to immediately issue a violation ticket pursuant to the Provincial Offences
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Procedures Act to any person who the designated officer has reasonable and probable grounds
to believe has contravened any provision of this Bylaw;
3.0
If a violation ticket is issued in respect of an offence, the violation ticket may:
3.1.
Specify a penalty amount established by this Bylaw for the offence; or
3.2.
Require a person to appear in Court without the alternative of making a voluntary
payment.
1.5.4.
Voluntary Payment
1.0
Where a violation tag is issued pursuant to this Bylaw, the person to whom the tag is issued
may, in lieu of being prosecuted for the offence, pay to the Town the penalty specified in the
tag within the time period indicated on the tag;
2.0
If a violation ticket has been issued pursuant to this Bylaw, and the violation ticket specifies a
penalty amount for the offence; a voluntary payment can be made by submitting to a Provincial
Court Clerk, on or before the initial appearance date indicated on the violation ticket, the
specified fine set out on the violation ticket.
PART ONE - GENERAL
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1.6.
APPLICATION TO AMEND BYLAW
1.6.1.
Amendment Applications
1.0
A person may apply to have this Bylaw amended, by applying in writing to the Municipality, in
care of the Development Authority, in the Form of Application required under Section 1.6.2.
2.0
Council may at any time initiate an amendment to this Bylaw by directing the Development
Authority to initiate an application therefore.
3.0
In the case where an application to amend this Bylaw has been refused by Council, at its
discretion, the Development Authority may or may not accept the submission of another
application for an amendment for the same or similar reasons, for the same site if the
application is specific to a parcel or parcels of land, by the same or any other applicant for six
(6) months after the date of refusal.
1.6.2.
Form of Application
1.0
All applications for amendment to this Bylaw shall be made on the form as determined by the
Development Authority, and shall be accompanied by:
1.1.
an application fee as established by Council for each application;
1.2.
information specifying reasons in support of the application; and
1.3.
in the case of an application for amendment specific to a parcel or parcels of land:
i.
a recent title search of the land affected or other documents satisfactory to the
Development Authority showing the applicant's interest in the said land;
ii.
drawings showing the subject site, the proposed District and the proposed use and
development to be proposed on the site, if applicable; and
iii.
where the applicant is an agent acting for the owner, a letter from the owner(s)
authorising the agent to make the application.
iv.
Rational behind the amendment and a statement describing how the application is
in aligns with the statutory plan(s);
v.
Any technical studies or supporting documentation, as requested by the
Development Authority.
2.0
Where the amendment is to change the District applicable to a site, the Development Authority
may require that the applicant undertake and provide an environmental screening of the site as
part of the amendment application.
3.0
Where the amendment is to change the District applicable to a site within the Cœur de
Morinville Area Structure Plan boundary, the application shall, in addition to Subsection 1.0
Bylaw 8/2013
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herein, also be accompanied by the Minimum Application Requirements as prescribed in or as
further prescribed by Council in accordance with the Cœur de Morinville Area Structure Plan.
1.6.3.
Amending Bylaws
1.0
All amendments to this Bylaw shall be made by Council by bylaw and in conformity with the
Act.
1.6.4.
Amendment Notice Signs
1.0
The person referred to in Section 1.6.1.1.0 shall install a sign with a Notice of Proposed
Redistricting to the satisfaction of the Development Authority upon receipt of a complete
application to amend this Bylaw to change the District governing any land, or a text amendment
to a provision of this Bylaw specific to a particular parcel or parcels of land, excepting those
applications that propose to redistrict lands in conformity with a Statutory Plan or conceptual
scheme, and shall within fourteen (14) days of the installation of the sign submit to the
Development Authority a letter indicating that the sign has been installed.
2.0
The sign shall be installed at a prominent location on the site, be legible from 15.0 m (49.2 ft.)
and be maintained in a reasonable condition until such time as the application to amend the
Bylaw is dealt with by Council or withdrawn all being to the satisfaction of the Development
Authority.
3.0
The sign shall be a maximum height of 3.0 m (9.8 ft.) above grade, a minimum area of 1.0 m²
(10.8 sq. ft.), a maximum area of 3.0 m² (32.3 sq. ft.), and contain the following information:
3.1.
the present District applicable to the site;
3.2.
the District proposed by the applicant;
3.3.
a general description of the uses which could develop within the proposed District and
including a note that the description is not exhaustive;
3.4.
the total area of the site;
3.5.
map of the amendment area; and
3.6.
contact information of the Development Authority and a note indicating that more
information respecting the application may be obtained from the Development
Authority.
4.0
All signs shall be removed no later than thirty (30) days following the date of the matter being
dealt with by Council.
Bylaw 17/2015
29
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2.
PART TWO - DEVELOPMENT PERMITS, RULES, AND PROCEDURES
2.1.
CONTROL OF DEVELOPMENT
1.0
No development other than that indicated in Section 2.2 of this Bylaw shall be undertaken
within the Municipality unless an application for it has been approved and a development
permit has been issued and is deemed valid.
2.2.
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
The following development shall not require a development permit, provided that the development
complies with any of the applicable provisions of this bylaw:
1.0
the carrying out of works of maintenance, repair, or renovation to any building, provided that
such works do not include structural alterations, do not result in the change of use and or
intensity of use;
2.0
the completion of a building which was lawfully under construction at the date of approval of
this Bylaw, provided that the building is completed in accordance with the terms of any permit
granted in respect of it and subject to the conditions to which such permit was granted, and
provided also that the building, whether or not a permit was granted in respect of it, is
completed within a period of twelve (12) months from the said date of said approval;
3.0
the use of any such buildings as referred to in Subsection 2.0 hereof for the purpose for which
construction was commenced;
4.0
the construction, completion, alteration, maintenance, or repair of public uses, public parks,
and public utilities carried out by or on behalf of federal, provincial and municipal public
authorities on land which is publicly owned or controlled;
5.0
temporary uses, limited specifically to community special events such as circuses, carnivals and
rodeos, carried out by or on behalf of federal, provincial and municipal public authorities;
6.0
the construction, completion, alteration, maintenance or repair of a road, lane or utility,
undertaken upon a road right-of-way, utility easement or other lands or undertaken to connect
the same with any lawful use of buildings or land, provided that the road, lane or utility has
been approved by the authority having jurisdiction;
7.0
the installation or placement of a temporary building, the sole purpose of which is incidental to
the erection or alteration of a building, for which a permit has been issued under this Bylaw,
provided the temporary building is removed within thirty (30) days of substantial completion of
the installation or alteration of the building for which a permit has been issued, or as
determined by the Development Authority;
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8.0
the installation, construction, or maintenance, improvement or alteration of gates, fences,
walls or other means of enclosure, unless the gate, fence, wall, etc. exceeds the regulations
indicated in Section 3.4;
9.0
hard-surfacing of any yard area in a Residential
District for the purpose of providing vehicular
access from a road to an on-site parking space,
provided that such hard-surfacing does not
exceed (see Figure 7)2/3 of the lot width;
10.0
an accessory building which is accessory to a
dwelling unit and which is less than 10.0 m²
(107.5 sq. ft.) in area and 3.0 m (9.8 ft.) in
building height, provided that it:
10.1. complies with side and rear yard setbacks
provided in Section 4.1, unless it is not
attached to a permanent foundation and is
designed to be readily removed or
relocated without structural alteration,
10.2. complies with all other provisions of
Section 4.1, and
10.3. does not create a hazard pursuant to the
National Building Code - Alberta Edition;
11.0
a patio in a Residential District that meets the minimum required yard requirements outlined in
Part 3 - General Development Provisions;
12.0
development within a basement of a dwelling which does not change or add to the uses within
the dwelling unit;
13.0
boarding and foster care within a dwelling unit, provided the use, in the opinion of the
Development Authority, is not a boarding and lodging house, a child day home, a child care
facility, a group home, or a group care facility;
14.0
the provision of child care which would be classified a child day home except that it only
provides child care for up to four (4) children and its hours of operation are solely limited to
during periods before and after school, during the lunch hour, when schools are closed, and
casual babysitting on an infrequent basis not exceeding twelve (12) hours per week, provided
that it is not a Provincially licenced child care program;
15.0
home offices within a dwelling unit, provided they are listed as a permitted use in the District in
which the site is located;
16.0
extensive agriculture on lots 8.0 ha (20 ac.) or more in area in an Urban Reserve (UR) District;
Figure 7 -Residential Accesses
For illustrative purposes only (not drawn to scale)
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17.0
landscaping, excluding a retaining wall higher than 1.2 m from grade, where it will not affect
the grading or drainage of the subject or adjacent properties, except where landscaping forms
part of a development which requires a development permit;
18.0
the demolition or removal of any building or structure for the installation of which a
development permit would not be required pursuant to Subsections 3.0 through 15.0 hereof;
19.0
A solar collector located on the roof of a principle or accessory building, and meets all other
provisions of this Bylaw, does not require a development permit.
20.0
An accessibility ramp, may be provided up to the lot lines as long as it complies with the
National Building Code of Alberta,
21.0
Garage sale, provided that:
21.1. The garage sale is not being hosted by a corporation or a business organization, and
21.2. The garage sale does not exceed three (3) consecutive days, and
21.3. The goods being sold at the garage sale were not acquired for resale purposes, and
21.4. The goods being sold are displayed in such a manner that does not impede the sidewalk
or road right-of-way.
22.0
For portable barbeques or fire pits which burn liquefied petroleum gas (LPG), natural gas,
compressed briquettes, or charcoal when used for the purpose of cooking or obtaining warmth
provided the appliances for cooking or obtaining warmth are used on the private property in
the rear yard or in a public area as provided by the authority having jurisdiction.
2.3.
NON-CONFORMING BUILDINGS AND USES
1.0
If a Development Permit has been issued on or before the effective date of this Bylaw or an
amendment hereto, and the Bylaw would make the development for which the Development
Permit was issued a non-conforming use or non-conforming building, the Development Permit
shall continue in effect in spite of the Bylaw or amendment coming into force;
2.0
A non-conforming use of land or a building may be continued, but if it is discontinued for a
period of six consecutive months or more, any future use of the land or building shall conform
to this Bylaw;
3.0
A non-conforming building may continue to be used, but shall not be enlarged, added to, rebuilt
or structurally altered except:
3.1. To make it a conforming building;
3.2. For routine maintenance of the building; or
3.3. In those instances where the Development Authority approves minor variances to allow
such alteration.
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4.0
A non-conforming use of part of a parcel shall not be extended or transferred in whole or in
part to any other part of the parcel and no additional buildings shall be constructed on the
parcel while the non-conforming use continues.
5.0
If a non-conforming building is damaged or destroyed to the extent of more than 75% of the
value of the building above its foundation, the building shall not be repaired or rebuilt except in
accordance with this Bylaw.
6.0
The conformity of a land use or the use of a building shall not be affected by a change in
ownership or tenancy of the land or building.
7.0
Notwithstanding Subsection 3., the Development Authority may approve as a discretionary use
in any district, an enlargement, alteration or addition to a legal nonconforming building if the
non-conforming building complies with the uses prescribed for that district in this Bylaw and
the proposed development would not, in the opinion of the Development Authority:
7.1. Unduly interfere with the amenities of the neighbourhood; or
7.2. Materially interfere with or affect the use, enjoyment or value of neighbouring properties
Note: Subsection 7.0 only applies to a non-conforming building in accordance with the MGA. It
cannot be applied to a non-conforming use.
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2.4.
APPLICATION FOR DEVELOPMENT PERMIT
1.0
An application for a development permit shall be made to the Development Authority in
writing, in the form required by the Development Authority, and shall be accompanied by:
1.1
a site plan, drawn to scale and dimensioned showing:
i.
the civic address, legal description and boundary lines of the site including any lots
that may make up the site,
ii. location of all existing and proposed utilities, easements and right-of-ways,
iii. all of the existing and proposed buildings on the site,
iv. the minimum required front, rear, and side yards, if any,
v. location and name of adjacent roads, lanes, sidewalks, trails, access and egress
points to the site, street hardware and curbs,
vi. any provision for off-street loading, vehicle standing, and parking areas, and
vii. adjacent land uses;
1.2
an indication of the proposed uses; and
1.3
written consent from the owner(s) of the parcel or parcels of land making up the site,
and the interest of the applicant therein in the case where they are not the owner.
2.0
Each application for a development permit shall be accompanied by a fee as established by
Council. No application for a development permit will be considered as complete until the date
that the application fee is paid in full.
3.0
The Development Authority may also require additional information in order to assess the
conformity of a proposed development with this Bylaw before consideration of the
development permit application shall commence. Such information may include:
3.1
a copy of recent title of all parcels of land that make up the site, and copies of any non-
monetary instruments registered on those titles;
3.2
digital copies of all plans and drawings that are provided as part of the application in a
format acceptable to the Development Authority;
3.3
the location of existing and proposed municipal and private storm and sanitary sewage
collection and disposal, and water supply and distribution utilities, landscaped areas and
buffering and screening;
3.4
the height and horizontal dimensions of all existing and proposed buildings;
3.5
outlines of roof overhangs on all buildings;
Bylaw 4/2019
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3.6
existing and proposed grades on the site and on adjacent sites, roads and lanes;
3.7
floor plans, elevations and sections of any proposed buildings, including the lowest floor
elevation in either the basement or on the main floor in the principal and accessory
buildings;
3.8
landscaping plans, including the location of existing and proposed trees, shrubs, grassed
areas, fences, screenings, and outdoor furniture on the site and on adjacent boulevards
within road rights-of-way;
3.9
drainage plans;
3.10
in a Residential District, the suggested location for a future driveway and garage or
carport, if the application itself does not include such buildings as part of the proposal;
3.11
future development plans for a site which is to be partially developed through the
applicable development permit;
3.12
in the case of a proposed home occupation, information concerning the number of
employees, the location of any goods to be kept or stored, and an estimate of the
number of client visits to be expected to the site each week, among other relevant
matters;
3.13
in the case of the placement of an already constructed or partially constructed building
on a site, information relating to the age and condition of the building and its
compatibility with the District in which it is to be located, including an inspection report
from an approved agency and/or photographs of the building;
3.14
in the case of new, non-residential development, an outdoor lighting concept plan,
including photometric mapping and specification information for all lighting fixtures;
3.15
any other information or tests required by the Development Authority, at its discretion,
respecting the site or adjacent lands, including but not limited to an environmental
screening of the site, sun/shadow diagram, noise study, or light illumination/spillage
plan, and such information or tests may be required to be prepared, signed and/or
sealed, and finalised by qualified professionals; and
3.16
a statutory declaration indicating that the information supplied is accurate.
4.0
The Development Officer shall, within the prescribed time period after the receipt of an
application for a development permit pursuant to Section 683.1 of the Act, determine whether
or not the application is complete. If, in the opinion of the Development Officer, the
information supplied by the applicant in accordance with Subsections 1.0 and 3.0 hereof is
insufficient or of insufficient quality to properly evaluate the application, the Development
Officer shall issue to the applicant a notice in writing that the application is incomplete. The
notice shall be in the form satisfactory to the Development Officer and state:
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4.1
the deficiencies in the application and information required in accordance with
Subsections 1.0 and 3.0 hereof to properly evaluate the application; and,
4.2
the date by which the applicant shall submit the required information.
5.0
The applicant shall, pursuant to the notice described in Subsection 4.0 hereof, submit the
information required by a date set out in the notice or a later date agreed on between the
applicant and the Development Officer for the application to be considered complete. If the
applicant fails to submit all required information by the date herein described, the application
shall be deemed to be refused. If an application is deemed to be refused, the Development
Officer shall issue to the applicant a notice of the refusal in accordance with Section 2.7.
6.0
The Development Authority may make a decision on a development permit application if,
regardless of not receiving all possible information as required by Subsection 1.1 hereof or
elsewhere prescribed in this Bylaw, the Development Officer, in its sole discretion, determines
the information supplied by the applicant is sufficient to treat the application as complete.
7.0
If the Development Officer determines that an application for a development permit is
complete in accordance with either Subsections 4.0, 5.0 or 6.0 hereof, as the case may be, they
shall notify the applicant in writing in the form satisfactory to the Development Officer
acknowledging that the application is complete. The time period for consideration of a
development permit application shall not commence until the Development Officer is satisfied,
in its sole opinion, that the development permit application is complete, and the applicant has
received the acknowledgement described herein.
8.0
Notwithstanding Subsection 7.0, an application for a development permit shall, at the option of
the applicant, be deemed to be complete when an acknowledgment of a complete application
referred to in Subsection 7.0 hereof is not provided within the prescribed time period.
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2.5.
DECISION PROCESS
1.0
Authority
1.1
The Development Officer shall review all applications for development permits and,
notwithstanding Section 2.4, in the course of reviewing the application, may request
additional information or documentation from the applicant that the Development
Authority considers necessary to review the application.
1.2
The Development Officer shall review each application for a development permit to
determine what type of use the development constitutes.
1.3
The Development Authority may, at its discretion, prior to deciding upon a development
permit application for a discretionary use or a variance in regards to either a permitted
use or discretionary use, provide public notice through means and to whom it considers
necessary that a decision regarding the application is to be made, that an opportunity
will be afforded to any interested person to make representation on the application, and
that the Development Authority shall take into account but shall not be bound by any
such representations made when giving final consideration to the said application. The
said public notice shall, at a minimum, provide information regarding the nature of the
proposed development, specify the requirements for submitting a representation,
identify the deadline for submissions and any other information deemed necessary by
the Development Authority.
1.4
The Development Authority may consider a development permit application for an
enlargement, addition, demolition, removal, or structural alteration to be a permitted
use only in a situation where:
i.
the principal use on the site has a valid development permit at the time of the
application under this Subsection;
ii. the existing development would not be considered a non-conforming use, pursuant
to s. 643 of the Municipal Government Act;
iii. the principal use of the site has not been discontinued for a period of six (6)
consecutive months or more;
iv. the Development Authority is satisfied that the enlargement, addition, demolition,
removal, or structural alteration would not result in any change or intensity of any
authorised use on the site; and
v. the Development Authority is satisfied that, from a planning perspective, it is
appropriate to proceed under the provisions of this Subsection.
1.5
Subject to the provisions of Subsection 2.0 hereof and any other variance provisions of
this Bylaw, the Development Authority shall refuse an application that does not conform
to this Bylaw.
Bylaw 12/2012
Bylaw 17/2015
Bylaw 14/2017
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1.6
The Development Officer shall issue a development permit for a permitted use with or
without conditions if the application conforms to this Bylaw.
1.7
The Development Officer may issue a development permit, with or without conditions,
for a use that is identified as "Discretionary Use" if the application conforms to this
Bylaw.
1.8
The Development Officer shall refer any applications for development within a Direct
Control District to Council, with recommendations, unless otherwise indicated in this
Bylaw, and Council may issue a development permit, with or without conditions.
1.9
The Development Authority may refuse a development permit application for a
discretionary use even though it may conform to this Bylaw.
1.10
Where a proposed use does not conform to the wording of any land use definition or
generally conforms to the wording of two or more land use definitions, the
Development Officer may determine that the use is similar to the land use definition
that the Development Officer considers to be the most appropriate in character,
purpose, intent, and/or impact. In such instances, the use shall be considered a
discretionary use regardless of whether or not the similar land use definition is a
permitted or discretionary use within the subject land use district.
1.11
An application for a development permit shall, at the option of the applicant, be deemed
to be refused when a decision is not made within 40 days of receipt of the notice
acknowledging that the application is complete pursuant to Subsection 2.4.7.0, or, if said
notice was not provided, within 40 days after the prescribed time period which deemed
the application to be complete pursuant to Section 2.4.8.0 unless the applicant has
entered into a written agreement with the Development Officer to extend the time
period beyond the 40-day period.
2.0
Variances
Notwithstanding the provisions of Subsection 1.0 hereof, the Development Authority may grant
a variance from any development standard prescribed in this Bylaw, subject to the following:
2.1
The Development Authority may grant a variance and approve a development permit,
with or without conditions, where:
i.
the proposed development would not, in the opinion of the Development Authority:
a. unduly interfere with the amenities of the neighbourhood; or
b. materially interfere with or affect the use, enjoyment or value of neighbouring
properties; and
ii. the development conforms to the use prescribed for the subject land or building in
this Bylaw.
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2.2
In addition to the provisions of Subsection 2.1 hereof, in considering any proposed
variance the Development Authority may consider, if relevant to the variance request,
any of the following:
i.
the development is consistent with the purpose of the Land Use District;
ii. there are practical difficulties in complying with the affected regulation or
regulations that are peculiar to the use, character or situation of land or a building
which are generally not common to other sites in the same Land Use District;
iii. potential impacts on adjacent developments and measures to mitigate such
impacts; and
iv. approval of the variance would not cause non-compliance with the National Building
Code - Alberta Edition or any other legislation.
2.3
The Development Authority may approve, with or without conditions, an enlargement,
addition to, rebuilding of, or structural alteration to a legal non-conforming building if
the non-conforming building complies with the uses prescribed for that land in this
Bylaw and the proposed development would not, in the opinion of the Development
Authority:
i.
unduly interfere with the amenities of the neighbourhood; or
ii. materially interfere with or affect the use, enjoyment or value of neighbouring
properties.
2.4
The Development Authority does not have authority to vary, waive, or relax a
Fundamental Use Provision or a Use definition.
2.5
If a variance is granted, the Development Authority shall specifically detail its nature and
extent in the associated Development Permit.
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2.6.
DEVELOPMENT PERMIT CONDITIONS AND NOTES
1.0
Standard Conditions
1.1
The Development Authority may require that as a condition of issuing a development
permit, the applicant enter into an agreement with the Municipality:
i.
to construct or pay for the construction of a road required to give access to the
development;
ii. to construct or pay for the construction of:
a. a pedestrian walkway system to serve the development, or
b. pedestrian walkways to connect the pedestrian walkway system serving the
development with a pedestrian walkway system that serves or is proposed to
serve an adjacent development,
or both;
iii. to install or pay for the installation of public utilities or works, that are necessary to
serve the development;
iv. to construct or pay for the construction of:
a. off-street or other parking facilities, and
b. loading and unloading facilities;
and/or
v. to pay an off-site levy or redevelopment levy.
1.2
Any Development Agreement entered into in accordance with Subsection 1.1 hereof
may at the discretion of the Development Authority be subject to the following
requirements:
i.
all construction to be completed to the satisfaction of the Development Authority;
ii. all drawings to be submitted under the seal of a Professional Engineer;
iii. following construction, record drawings to be submitted to the Development
Authority including digital copies; and
iv. that a caveat be registered by the Municipality in respect of the Development
Agreement against the Certificate of Title for the parcel of land that is the subject of
the development. The said caveat shall be discharged when all requirements of the
said Agreement have been complied with to the satisfaction of the Development
Authority.
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1.3
The Development Authority may require that as a condition of issuing a development
permit, the applicant provide security to ensure the applicant complies with this Bylaw,
a development permit, an agreement under Subsection 1.1 hereof or a statutory plan
enacted by the Municipality, which security may include, but is not limited to an
irrevocable letter of credit or charge against the title to the site.
1.4
The Development Authority may require that as a condition of issuing a development
permit for new construction, the applicant provide a Surveyor's Certificate or Real
Property Report, signed by an Alberta Land Surveyor, relating to the building(s) that is
(are) the subject of the development permit application, be submitted by the developer
upon completion of the building foundation, or siting in the case of prefabricated
structures on permanent foundations, and prior to commencement of framing or
further structural construction to ensure that the building(s) is (are) sited according to
the provisions of the development permit and this Bylaw.
1.5
The Development Authority may require that as a condition of issuing a development
permit, the applicant undertake and complete construction in accordance with the site
plans, landscaping plans, drainage plans, and grading plans submitted, and undertake
any remedial measures recommended or required by any engineering or environmental
screening reports provided to the Development Authority during the development
permit application process.
1.6
The erection of a building on any site may be prohibited where it would otherwise be
allowed under this Bylaw when, in the opinion of the Development Authority,
satisfactory arrangements have not been made by the developer for the supply of
required improvements as specified under Subsection 1.1 hereof, including payment of
the costs of installing or constructing any such facilities by the developer.
1.7
In addition to the provisions of Subsections 1.1 through 1.5 hereof, the Development
Authority may impose such conditions as deemed appropriate, having regard to the
regulations of this Bylaw and the provisions of any statutory plan including, but not
limited to the following conditions:
i.
regulating intensity of the use, including hours of operation and number of patrons;
ii. establishing landscaping requirements;
iii. requiring noise attenuation;
iv. requiring special provisions be made for parking beyond the minimum standards as
outlined in Section 6.7 to ensure compatibility with surrounding development;
v. regarding the location, character and appearance of a building;
vi. regarding the grading of a site or such other procedures as are necessary to protect
the site from other developments or to protect other developments from the site;
vii. establishing the period of time during which a development may continue;
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viii. any other conditions necessary to ensure the development is compatible with
surrounding development; and
ix. any other conditions necessary to ensure the development complies and is
compatible with the general development regulations or the land use district
regulations of this Bylaw.
2.0
Compliance with Other Legislation
2.1
A person applying for, or in possession of, a valid development permit is not relieved
from full responsibility for ascertaining and complying with, or carrying out and shall
ascertain, comply or carry out development in accordance with:
i.
the requirements of any other federal, provincial or municipal enactment or any
other law;
ii. without limiting the generality of the foregoing, the requirements of the Safety
Codes Act and regulations including but not limited to the National Building Code -
Alberta Edition and Alberta Fire Code, Public Highways Development Act,
Environmental Protection and Enhancement Act, and Natural Resources
Conservation Board Act; and
iii. the conditions of any caveat, covenant, easement or other instrument affecting a
building or land.
2.2
The Municipality is not responsible for nor does the Municipality have any obligation
whatsoever to determine what other legislation may apply to a development, nor to
monitor or enforce compliance with such legislation.
2.3
The applicant for a development permit shall be responsible for compliance with all
federal, provincial and municipal enactments and any other law applicable to the use
and development of the land and buildings. It is hereby deemed a condition of every
development permit, whether or not expressly stated therein that the applicant is
responsible for ascertaining and shall comply with all applicable federal, provincial and
municipal enactments and any other law with respect to the use and development of
the land and buildings and shall as and when required thereunder obtain any and all
permits, licences and approvals.
3.0
Commencement of Development and Development Permit Validity
3.1
Validity of a Development Permit
i.
A Development Permit granted pursuant to this Part shall not be valid unless and
until:
a.
any conditions of approval, save those of a continuing nature, have been
fulfilled; and
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b.
no notice of appeal from such approval has been served on the Subdivision
and Development Appeal Board or Land and Property Rights Tribunal within
the prescribed time periods pursuant to the Act. Any development
proceeded with by the applicant prior to the expiry of this period is
prohibited.
ii. Where an appeal is made to the Subdivision and Development Appeal Board or Land
and Property Rights Tribunal pursuant to Section 2.9 of this Bylaw, a Development
Permit which has been approved shall not be valid unless and until:
a.
the Subdivision and Development Appeal Board or Land and Property Rights
Tribunal has given its decision of an appeal in writing and the permit has
been confirmed, modified or nullified thereby; and
b.
any conditions of approval, save those of a continuing nature, have been
fulfilled.
iii. Upon service on the Municipality of an application for leave to appeal the decision
of the Subdivision and Development Appeal Board, or Land and Property Rights
Tribunal under the Act, the Development Authority shall suspend the development
permit issued by the Subdivision and Development Appeal Board.
iv. The development permit issued by the Subdivision and Development Appeal Board
or Land and Property Rights Tribunal and suspended pursuant to the Act, remains
suspended until:
a.
the Alberta Court of Appeal denies leave to appeal; or
b.
the Alberta Court of Appeal has granted leave to appeal, heard the appeal on
the merits, made its decision, and any appeal to the Supreme Court of
Canada from that determination by the Alberta Court of Appeal has been
finally determined.
3.2
Expiration of Development Permit Validity
i.
A development permit shall cease to be valid twelve (12) months after the date on
which it was issued unless, prior to the expiry of that time, the developer has
commenced development or the Development Authority grants an extension of
time, except as provided for in Subsection iii hereof.
ii. The Development Officer may grant an extension of a development permit for a
period of not more than two (2) consecutive one (1) year extensions beyond the
expiry date of the initial permit, provided that the proposed development still
complies with the provisions of this Bylaw. If the developer has not commenced
development within the extended time period, the development permit ceases to
be valid.
Bylaw 17/2015
Bylaw 17/2015
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iii. Once work has been initiated in connection with a project approved by a
development permit, the permit remains valid until the work is completed, provided
that the project is carried out with reasonable diligence and substantially completed
within two (2) years of the date the permit was initially issued or within two (2)
years of the date that any extension of the permit is granted. If the work is not
substantially completed within that time, then the permit shall be deemed to have
expired.
3.3
Rescindment of Development Permit Approval
i.
If, after the issuance of a development permit, it becomes known to the
Development Authority that:
a.
the application for the development permit contains a misrepresentation;
b.
facts have been disclosed which should have been disclosed at the time of
consideration of the application for the development permit; or
c.
the development permit was issued in error,
d.
The property owner provides a written request to the Development
Authority
the Development Authority may rescind the approval of the development permit by
notice in writing to the applicant.
ii. In a circumstance described in Subsection i hereof, the Development Authority may
re-issue a revised development permit if the matters identified therein are resolved
to their satisfaction, and in such a case the Development Authority shall provide
notice of the re-issued development permit in accordance with Section 2.7.
iii. If the Development Authority rescinds the approval of a development permit and
fails to re-issue a development permit for the same application:
a.
if it is still within the decision-making time period prescribed in Section
2.5.1.11, the application shall proceed as though a decision hadn't yet been
made, or
b.
if the time period described above has lapsed, the application for the
development permit shall be deemed to be refused on the date the applicant
is notified that the permit approval has been rescinded.
In either case, the appeal period shall commence in accordance with the Act.
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2.7.
DEVELOPMENT PERMIT NOTICES
1.0
When a development permit has been issued for a permitted use and no variance to any
regulation has been granted as provided for by Section 2.5.2.0, the Development Authority shall
immediately post a notice of the decision on the Municipality's website.
2.0
When a development permit has been issued for a discretionary use or for a permitted use
where a variance to a regulation has been granted as provided for by Section 2.5.2.0, the
Development Authority shall immediately:
2.1
mail a notice in writing to adjacent owners of the subject site for a discretionary use
where a variance has been granted, or a greater distance deemed necessary by the
Development Authority due to the nature of the use and/or the nature or extent of the
variance being granted, and to those other owners of land who, in the sole opinion of
the Development Authority, may be affected; and/or,
2.2
require the applicant to immediately post a notice which is legible from a distance of
15.0 m (49.2 ft.), located prominently on the site, and then maintain the sign in a
reasonable condition for a period of no less than the prescribed time period referred to
in Section 2.6.3.1; and/or,
2.3
publish a notice of the decision in a newspaper circulating in the Municipality and/or
digital publication.
3.0
The notice indicated in Subsections 1.0 or 2.0 hereof shall state:
3.1
the legal description and the street address of the site of the proposed development,
3.2
the uses proposed for the subject development,
3.3
any discretion that was granted in the approval of the development, whether by use or
by interpretation of this Bylaw, and any variation or relaxation in regulation that was
made by the Development Authority when the development permit was approved,
3.4
the date the development permit was issued, and
3.5
how an appeal might be made to the Subdivision and Development Appeal Board and
Land and Property Rights Tribunal and the deadline for such appeal.
4.0
The decision of the Development Authority on an application for a development permit shall be
given in writing and a copy of the decision, together with a written notice specifying the date on
which the decision was made and containing any other required information, sent to the
applicant on the same day the decision is made and, if applicable, any person whom made
representation per Section 2.5.1.3.
5.0
When Council, carrying out their powers as Development Authority in accordance with this
Bylaw, carries a motion regarding the decision of a development permit application, the
Bylaw 14/2017
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Development Officer shall have signing authority and be bound to decide upon and issue the
notice of decision in accordance with the passed motion.
6.0
When the Development Authority refuses an application for a development permit, the
decision shall contain reasons for the refusal.
2.8.
RE-APPLICATION & REVISION
1.0
Following refusal of a development permit application:
1.1
The Development Officer shall not accept an application for development permit for the
same or similar use from the same or any other applicant for the same site within six (6)
months of the date of refusal by the Development Officer, or the Subdivision and
Development Appeal Board, whichever is later.
1.2
Notwithstanding the provisions of Subsection 1.1 hereof, the Development Officer is
authorised to accept a new or revised application for the same or similar use for the
same site prior to six months having elapsed from the date of refusal when, in the
opinion of the Development Officer, the aspects of the application which caused it to be
refused have been sufficiently modified or resolved.
1.3
An application for a permitted use on the same site, which complies with all applicable
provisions of this Bylaw, may be submitted prior to six months having elapsed from the
date of refusal.
2.0
Subsection 1.0 hereof does not apply in the case of an application that was deemed to be
refused pursuant to Section 2.4.5.0.
3.0
Where a Development Permit has been requested to be revised it shall be considered a new
permit application with the following conditions;
3.1
If a revision is requested within one (1) year from the date of the Notice of Decision, and
it does not change the nature of the use, timelines or approval, it may be considered a
minor revision and an application for only the changes may be considered.
i.
Additional fees as stated in the Fees and Charges Bylaw will only be required for the
revised or altered portion of the application.
ii. Notwithstanding the above the Development Authority may approve changes to
supporting documents included in Section 2.4 at any time during the validity of the
permit as long as it meets the requirements of this bylaw.
2.9.
DEVELOPMENT APPEALS
1.0
The decision of the Development Authority may be appealed to the Subdivision and
Development Appeal Board pursuant to the Act through the Municipality's Subdivision and
Development Appeal Board Bylaw.
Bylaw 14/2017
Bylaw 11/2020
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1.1
When the land in question:
i.
contains, is adjacent to or is within the prescribed distance of a highway, a body of
water, a sewage treatment or waste management facility or a historical site; or
ii. is the subject of a licence, permit, approval or other authorization granted by the
Natural Resources Conservation Board, Energy Resources Conservation Board,
Alberta Utilities Commission licence or approval; or
iii. is the subject of a licence, permit, approval or other authorization granted by the
Minister of Environment and Protected Areas; or
iv. is subject to any other circumstance described in the Act;
Then the Provincial Land and Property Rights Tribunal will be the Appeal Authority in
these circumstances. Whenever the land in question is not subject to any of the
conditions noted above, then the Subdivision and Development Appeal Board is the
Appeal Authority. The Land and Property Rights Tribunal may refer an appeal to the
Subdivision and Development and Appeal Board.
2.10.
INTERMUNICIPAL REFERRALS
1.0
The following applications shall be referred to neighbouring municipality:
1.1
All re-designation and Development Permit applications that, in the opinion of the
Development Authority, may result in impacts to these adjacent municipalities; and
1.2
Land Use Bylaw amendment applications that affect lands located adjacent to the
respective municipal boundary.
2.0
In making a decision on an application, the Development Authority shall give due consideration
to any recommendations or comments received from the municipality or municipalities
circulated.
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3.
PART THREE - GENERAL DEVELOPMENT PROVISIONS
3.1.
SUBDIVISION OF LAND AND SUBSTANDARD LOTS
1.0
All provisions of this Part may, as applicable, apply to applications for subdivisions.
2.0
Where the development of land involves a subdivision of land, no application for a
development permit shall be accepted as complete until the subdivision has been registered at
the Land Titles Office.
3.0
Subject to Subsection 4.0 hereof, any application to subdivide land in the Municipality shall
conform to the Act, regulations made pursuant to the Act, and this Bylaw.
4.0
Any notice, acknowledgement or other thing required to be issued by the Subdivision Authority
pursuant to Section 653.1 of the Act regarding determining the completeness of an application
for subdivision shall be in writing in the form satisfactory to the Subdivision Authority.
5.0
The Subdivision Authority may approve an application for subdivision or a bare land
condominium plan even though the proposed subdivision or bare land condominium plan does
not comply with the regulations of this Bylaw if, in the opinion of the Subdivision Authority:
5.1
the proposed subdivision or bare land condominium plan would not:
i.
unduly interfere with the amenities of the neighbourhood, or
ii.
materially interfere with or affect the use, enjoyment or value of neighbouring
parcels of land; and
5.2
the proposed subdivision or bare land condominium plan conforms to the use
prescribed for that land or building in this Bylaw.
6.0
With the approval of the Development Authority the minimum site area, site depth, and site
width may be less in the case of existing substandard lots which are held in separate title from
abutting substandard lots as of the date of the approval of this Bylaw.
7.0
An access to a lot for low density residential development may be required at the subdivision
approval stage. Width of a site access shall not exceed the width of garage.
8.0
The Subdivision Authority may require that as a condition of approving an application for
subdivision, the applicant enter into an agreement with the Municipality as provided for in
Section 2.6.1.0, and any other matters the Subdivision Authority considers necessary to ensure
it does 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.
Bylaw 14/2017
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3.2.
DWELLING UNITS ON A PARCEL
1.0
In the R-1A, R-1B, R-1C, R-1D, R-VC1, and R-VC Districts, no permit shall be granted for the
construction of more than one (1) dwelling unit on a single parcel of land, or if an accessory
dwelling unit is approved on the parcel of land, more than two (2) dwelling units.
3.3.
SITE GRADING AND DRAINAGE
1.0
Site grading and drainage, including the placing and spreading of topsoil, shall be designed and
built in accordance with the Municipal Design Standards.
2.0
In all cases, site grades shall not allow drainage from public property onto private property, or
one site to drain onto an adjacent site, except where that drainage conforms to an approved
grading and drainage plan and all appropriate easements are registered.
3.0
No person shall alter or permit the alteration of surface grades or elevations of a premises such
that a nuisance, hazard, or damage is caused or has the potential to be caused.
4.0
No person shall release or permit to release water from their roof drainage, foundation
drainage, sprinkler or irrigation system, or water retention system to a location or in such a
manner that the discharge causes or has the potential to cause a nuisance, hazard, or damage.
5.0
The Owner of a premises shall ensure that a lot grading plan for the premises is approved by
Morinville prior to the construction of any buildings, addition to buildings, or alterations to
surface drainage of the premises.
6.0
Lot grading review fees shall be collected in accordance with the Fees and Charges Bylaw.
7.0
The Owner of a premises is required to ensure the Premises is graded in accordance with an to
the approved lot grading plan and provide compliance certification as required by Morinville.
8.0
The Owner of a premises must ensure rough grading is approved by Morinville within 18
months of a building permit being issued and final grading is completed within 30 months of a
building permit being issued.
3.4.
FENCING
1.0
Notwithstanding any regulation respecting required minimum yard to the contrary in this
Bylaw, a fence or hedge may be constructed along a boundary line of a site.
2.0
For the purposes of this Section:
2.1
Where a portion of the boundary line of a site that would be considered to be enclosing
a front yard is shared with the boundary line of an abutting site that would be
considered enclosing a side or rear yard, that portion of the boundary line shall be
considered to be enclosing the side or rear yard, as the case may be.
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Figure 8- Fencing
For illustrative purpose only (not drawn to scale)
2.2
The height of a fence shall be the vertical distance measured from grade to the top of
the fence, exclusive of any decorative post caps or similar features provided they project
not more than 0.15 m (0.5 ft.), at any point along the fence.
3.0
Unless otherwise provided in this Bylaw, no fence or hedge shall be:
3.1
higher than 1.9 m (6.3 ft.) above grade in side yards and rear yards; or
3.2
higher than 1.0 m (3.3 ft.) above grade in front yards; or
3.3
higher than 2.4 m (7.9 ft.) above grade at the highest point of a gate that is not more
than 2.5 m (8.2 ft.) in length; or
3.4
higher than 1.0 m (3.3 ft.) above grade within the sight line protection area as provided
in Section 3.9.
4.0
Notwithstanding Subsection 3.0 hereof:
4.1
in the case of a corner site:
i.
where the front elevation of a dwelling unit is oriented to the flanking side yard, a
fence or hedge may be allowed no higher than 1.9 m (6.3 ft.) above grade in the
front yard, with particular attention given to sight line protection as provided in
Subsection 3.4 hereof, and
ii.
a fence or hedge shall be allowed no higher than shown in Figure 3.1 within the
minimum required flanking side yard.
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Figure 9 - Fencing within Minimum Required Flanking Side Yard
For illustrative purpose only (not drawn to scale)
4.2
the height of a fence in a front yard for uses other than dwelling unit may be higher than
1.0 m (3.3 ft.) but shall be no higher than 1.5 m (4.9 ft.), provided that the fence is
visually permeable.
4.3
the height of a fence used for privacy screening in side or rear yards may be higher than
1.9 m (6.3 ft.) but shall be no higher than 2.5 m (8.2 ft.), provided that it is setback to at
least the minimum required yards and shall be of appropriate design to limit the ability
of persons to use the fence parts to climb the fence.
4.4
the height of a fence in an Industrial District or in the UR District shall be as determined
by the Development Authority.
4.5
noise attenuation fencing and step-down wood screen fencing shall be in accordance
with the Municipal Design Standards.
5.0
All fences shall be made of a permanent material satisfactory to the Development Authority
and of sturdy construction by being adequately anchored and fixed to the ground, such that
they are freestanding and not supported by any other building.
6.0
No fences comprised of barbed wire shall be allowed, except, at the discretion of the
Development Authority, in the BMP District and in the UR District. If barbed wire is allowed, it
shall not be allowed below a height of 1.8 m (5.9 ft.) unless the Development Authority, at its
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sole discretion, allows barbed wire at a lower height where, in its opinion, dwelling units would
not be in proximity to the fence proposed.
7.0
No electrification of fences or razor wire fences shall be allowed.
8.0
The Development Authority shall require that a fence or hedge be provided to a height of at
least 1.5 m (4.9 ft.) surrounding the following where they would be visible from a road or from
an adjacent dwelling unit:
8.1
outdoor storage areas,
8.2
garbage and/or recycling collection areas, and
8.3
loading or vehicle service areas.
9.0
Outdoor storage areas shall be screened from adjacent sites and roads to the satisfaction of the
Development Authority. Such screening may include fences, hedges, and/or other landscaping.
PART THREE - GENERAL DEVELOPMENT PROVISIONS
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3.5.
LANDSCAPING
1.0
General Requirements
1.1
Landscaping in all developments shall be to the satisfaction of the Development
Authority and any landscaping activities on public property shall be done in accordance
with the Municipal Design Standards.
1.2
No landscaping shall commence prior to the landscaping plan being approved in writing
by the Development Authority.
1.3
Any proposed revisions to an approved landscaping plan must be submitted in writing as
an addendum to an approved landscaping plan and authorised in writing by the
Development Authority prior to the revisions being undertaken.
1.4
Subject to Subsection vi hereof, the Development Authority may require landscaping
plans with any application for a development permit within:
i.
Medium and high-density residential districts,
ii.
Comprehensive Site Planning developments, including Manufactured Home Parks,
iii.
POS District,
iv.
PS District,
v.
Commercial Districts, and
vi.
Industrial Districts.
1.5
The Development Authority may require that the applicant provide security for
landscaping.
2.0
Landscaping Plan Contents
2.1
Landscaping plans shall include information adherent to the following:
i.
site plan contents as required in Section 2.4.1.1;
ii. location and description or illustrations of all existing or proposed physical features,
identifying height of physical features above grade, including but not limited to
ground cover, fences, walls, flower beds, gardens, berm contours, retaining walls,
outdoor furniture, decorative paving, water features, and surface utilities;
iii. location of all existing plant materials, labelled with a key, cross-referenced with a
descriptive list identifying the common and botanical name, noting whether they
will be retained or removed;
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iv. location of all proposed plant materials, labelled with a key, cross-referenced with a
descriptive list identifying the common and botanical name, quantity, size and
method of planting, or grass mix for sod and/or seed;
v. playground equipment and public seating areas if the area forms part of a
communal amenity area; and
vi. any other information the Development Authority considers necessary to ensure
the development does not unduly interfere with the amenities of the
neighbourhood or materially interfere with or affect the use, enjoyment or value of
neighbouring parcels.
3.0
Landscaping Standards
3.1
The areas to be landscaped shall include all abutting boulevards and site areas not
previously landscaped or covered with buildings, sidewalks and parking areas, unless it
can be demonstrated that these areas are necessary for the day-to-day utilisation of the
site in accordance with the approved use.
3.2
Where at the time of development the area between the front line of the property and
the sidewalk and/or the curb and sidewalk is not landscaped, this area shall be
landscaped.
3.3
Where a specified site area is required for landscaping, the abutting boulevard area may,
at the discretion of the Development Authority, be used in partial fulfillment of
landscape area requirements subject to the provisions of this Bylaw if it can be shown
the requirement cannot be provided on site.
3.4
At a minimum, all landscape areas shall be seeded or sodded with grass unless specified
otherwise.
4.0
Aesthetically pleasing alternative landscape areas are encouraged to include xeriscaping or
other forms of low maintenance and drought-resistant landscaping techniques which allow for
reduced water usage and naturalised stormwater management. However, in no case shall
hard-landscaping features, such as decorative paving or other impervious surfaces, exceed 25%
of the required landscaped area. Required landscaping areas shall be planted for:
4.1
Commercial, industrial, institutional, medium and high residential developments, and
Comprehensive Site Planning developments including Manufactured Home Parks:
i.
Trees shall be planted at a minimum ratio of one (1) tree per 45.0 m² (484.4 sq. ft.)
of landscaped area; and
ii.
Shrubs shall be planted at a minimum ratio of one (1) shrub per 20.0 m² (215.3 sq.
ft.) of landscaped area.
4.2
For low density residential developments:
PART THREE - GENERAL DEVELOPMENT PROVISIONS
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i.
One (1) tree for lot having width less than 10.0 m;
ii. One (1) tree and four shrubs for lot having width more than 10.0 m.
For the purposes of calculating this Subsection, the landscaped area shall include site
areas not dedicated to buildings, drive aisles, parking areas, walkways, manufactured
home stalls, and other areas that are demonstrated to be necessary for the day-to-day
utilisation of the site in accordance with Subsection 3.1 hereof. Notwithstanding the
foregoing, plantings on municipal reserve lands shall be in accordance with the
Municipal Design Standards.
4.3
New trees and shrubs shall be provided as per the Town Municipal Design Standards.
4.4
Existing trees and shrubs shall be retained to the greatest extent possible. Any such
trees or shrubs which are retained following development may be considered in
assessing fulfilment of the landscaping requirements provided construction activity has
not, in the opinion of the Development Authority, impacted the ability of the existing
trees or shrubs to survive a two (2) year maintenance period. Any trees or large shrubs
which are removed shall be replaced with a tree or shrub of similar species.
4.5
Landscaping Islands for Parking Area
The trees and shrubs shall be included as part of the planting requirements as per
Subsection 6.1 where applicable and not in addition thereto. Curbed islands or
peninsulas shall be provided in off-street parking areas as follows:
i.
Parking spaces must be separated by an island or peninsula at the rate of at least
one (1) per each row of twelve (12) consecutive parking spaces (single-row
parking) or twenty-four (24) consecutive parking spaces (double-row parking).
ii.
Trees shall be planted at a ratio of one (1) tree per five (5) parking spaces (single-
row parking) or one (1) tree per ten (10) parking spaces (double-row parking) in
the islands or peninsulas, or within 3.0 m (9.8 ft.) of the periphery of the parking
area.
iii.
Islands and peninsulas should be placed at ends of parking rows or along
designated pedestrian areas. Planted medians within off-street parking areas may
be considered as an alternative to islands and peninsulas.
iv.
Each island, peninsula or median shall be:
a.
designed to protect all plant material from damage,
b.
a minimum width and length of a standard parking space,
c.
raised at least 15 cm (5.9 in.) above grade, and
d.
finished with tree grates, ground cover vegetation, and/or hard landscaping.
PART THREE - GENERAL DEVELOPMENT PROVISIONS
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4.6
When no lane separates commercial or industrial development from a residential use or
district, a landscaped buffer shall be required along the full length of any yard in the
commercial or industrial development site adjacent to the residential use or district. This
landscaped buffer may be required where a lane separates such uses.
4.7
The minimum width of the buffer shall be 3.0 m (9.8 ft.) or as otherwise required by the
Development Authority.
4.8
Trees that are a minimum of 6.0 m (19.7 ft.) in height at maturity shall be planted on all
buffers that, in the opinion of the Development Authority, would be sufficient to screen
the residential use or district from the commercial or industrial development.
4.9
Unless otherwise specified, all plant materials shall meet the following:
i.
be hardy to the Municipality and the proposed site (the Canadian Standards for
Nursery Stock by the Canadian Nursery Landscape Association may be used as a
reference guide in selecting plants);
ii.
the proportion of deciduous to coniferous trees shall be approximately 60:40,
unless the landscaping plan is prepared by a professional landscape architect;
iii.
At the time of planting, landscaping required according to the following
specifications:
a.
5 cm (1.9 in.)
minimum calliper
for a deciduous
tree;
b.
2.0 m (6.6 ft.)
minimum height
for a coniferous
tree at the time of
planting: and
c.
shrub material, if
deciduous, must
have a minimum
height of 60 cm
(23.6 in.) when
planted and,
d.
if coniferous, must have a minimum spread of 40 cm (15.7 in.) when
planted.
4.10
All landscaping shall be completed to the satisfaction of the Development Authority
within twelve (12) months from the date of issuance of a Building Permit Services Report
pursuant to the Safety Codes Act, or commencement of the use of the building,
whichever occurs first, although the Development Authority has discretion to extend
Figure 10 - Plant Material Specifications
For illustrative purposes only (not drawn to scale)
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this period and may take into consideration adverse weather conditions that have
impacted timelines.
4.11
The owner of the site or its successors or assignees shall be responsible for proper
maintenance of the landscaping.
4.12
The quality and extent of the landscaping on a site shall be the minimum standard to be
maintained on the site for the life of the development.
4.13
If plant material is deemed inappropriate or does not survive, it must be replaced with
plant material of similar type and size.
5.0
Landscaping Securities and Inspections
5.1
The Development Authority may require, as a condition of development permit
approval, either in addition to, or as part of, other security being required for the
development, that the developer provide security in the form and amount required by
the Development Authority, to ensure that such landscaping is carried out with
reasonable diligence.
i.
Security, acceptable to the Development Authority, up to 100% of the estimated
landscaping costs, including materials and labour, provided by the developer and
twelve percentage (12 %) contingency. The amount shall be based on the approved
landscaping plan.
5.2
Upon receipt of a written request for inspection from the developer, the Development
Authority shall schedule a landscaping inspection within thirty (30) days of receipt of the
request, or within thirty (30) days following the cessation of adverse weather conditions
that have impacted timelines, and shall notify the other party in writing within fifteen
(15) days following the inspection whether the landscaping is accepted, or noting
deficiencies to be corrected.
5.3
Upon acceptance of the landscaping as complete in accordance with approved plans, the
Development Authority may release up to 85% of the security.
i.
Two (2) years following acceptance of the landscaping, although the Development
Authority may take into consideration adverse weather conditions that have
impacted timelines, the Development Authority shall conduct a follow-up inspection
to verify all plant materials have survived a maintenance period and notify in writing
the developer of its findings. Upon determining all plant materials have survived, or
replaced to the satisfaction of the Development Authority, the Development
Authority shall release all remaining securities.
ii. Notwithstanding the foregoing, the Development Authority may, at its sole
discretion, release the securities in full upon acceptance of the landscaping as
complete in accordance with approved plans and waive the two (2) year
maintenance period.
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5.4
In the event that landscaping is not completed in accordance with this Bylaw or a
development permit approval, or the developer of the site fails to maintain the
landscaping during the maintenance period of two years, then the security shall be
available to the Municipality for its use in completing or replacing the required
landscaping.
5.5
The Development Authority may, at its sole discretion, negotiate alternative provisions
for the terms and requirements of landscaping security in Subsections 5.2 through 5.4, if
the Development Authority is of the opinion that Subsections 5.2 through 5.4 are not
sufficient for the circumstances of a particular development.
3.6.
ARCHITECTURAL STANDARDS
1.0
The design, character, and appearance of all buildings shall:
1.1
be compatible with other buildings in the vicinity,
1.2
be suited to the purpose of the District in which it is located, and
1.3
comply with the provision of any plan or document approved by Council applicable to
the design, character or appearance of the building.
2.0
Unless forming part of a single Comprehensive Site Planning development which has been
designed and approved per one development permit application, no principal buildings of
identical or, in the opinion of the Development Authority, similar roof or front elevations and
fronting on either side of a road shall be located within four (4) sites from each other in any
District.
3.0
Any development located in a Commercial District is encouraged to design any elevation facing
a PS District, POS District, or public roadway in such a way that it does not give the appearance
of a predominantly blank wall. If, in the opinion of the Development Authority, the elevation
has the appearance of a blank wall, the building shall be setback sufficiently to accommodate
landscaping along the entirety of the wall to the satisfaction of the Development Authority, or
the use of architectural elements such as columns, ribs, recesses, changes in building finishes or
colours will be encouraged.
4.0
The exterior finish on all buildings shall be of a permanent material and be of a character and
quality satisfactory to the Development Authority.
5.0
The exterior finish of a building shall be completed to the satisfaction of the Development
Authority within twelve (12) months from the date of issuance of a Building Permit Services
Report pursuant to the Safety Codes Act, or commencement of the use of the building,
whichever occurs first, although the Development Authority has discretion to extend this period
and may take into consideration adverse weather conditions that have impacted timelines.
6.0
Any addition or structural alteration to a principal building or accessory building, or
development of a new accessory building, shall be compatible with or complement the design
of the existing principal building, incorporating similar features such as window and door
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detailing, exterior cladding materials and colours, and roof lines; with the exception of
prefabricated buildings and accessory buildings less than 10.0 m² (107.5 sq. ft.) in ground floor
area.
3.7.
PROJECTION INTO YARDS
1.0
Except as provided in this Section 3.7, and except for fences as noted in Subsection 3.4.1.0, no
portion of a building shall be located or project into a minimum required yard.
Notwithstanding any provision of this Section 3.7, any proposed projection shall comply with
the requirements of the National Building Code - Alberta Edition.
2.0
Minimum Required Front Yards
The following features may project into a required minimum front yard:
2.1
steps, ramps, eaves, gutters, sills, and chimneys, or other similar projections, with the
amount of the projection to be as allowed by the Development Authority;
2.2
patios, decks, and porches, provided they are not enclosed and are no closer than 4.5 m
(14.8 ft.) from the front line;
2.3
canopies over entrances to buildings, provided such projections are cantilevered and do
not exceed 1.0 m (3.3 ft.);
2.4
exterior balconies on apartments provided that:
i.
they are cantilevered and not enclosed, and designed as an integral part of the
building, and
ii.
they do not project more than 2.0 m (6.6 ft.) into the required minimum front
yard; and
2.5
any other features which, in the opinion of the Development Authority, are similar to
the foregoing.
3.0
Minimum Required Side Yards
The following features may project into a required minimum side yard; except where a side
yard of 3.0 m (9.8 ft.) is required for vehicular passage:
3.1
decks, steps and ramps, provided such projection does not exceed fifty percent (50%) of
the width of the required minimum side yard;
3.2
patios, which can project to the side line;
3.3
eaves, gutters, sills, bay, oval or bow windows, chimneys, or other similar projections,
provided such projections do not exceed 0.6 m (2.0 ft.), and enclosed cantilever
projections do not exceed 3.1 m (10.2 ft.) in length;
Bylaw 2/2014
Bylaw 17/2015
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3.4
canopies over entrances to buildings, provided such projections are cantilevered and do
not exceed 1.0 m (3.3 ft.);
3.5
exterior balconies on apartments provided that:
i.
they are cantilevered and not enclosed, and designed as an integral part of the
building, and
ii. they do not project more than 1.0 m (3 ft.) into a required side yard and in no case
are closer than 2.0 m (6.6 ft.) to a side line; and
3.6
any other features which, in the opinion of the Development Authority, are similar to
the foregoing.
4.0
Minimum Required Rear Yards
The following features may project into a required minimum rear yard:
4.1
steps, ramps, eaves, gutters, sills, and chimneys, or other similar projections, with the
amount of the projection to be as allowed by the Development Authority;
4.2
porches, provided such projection does not exceed 2.1 m (6.9 ft.), or where the building
height of the porch is not more than 4.5 m (14.8 ft.), they may project up to 3.6 m (11.8
ft.);
4.3
decks, provided such projection does not exceed 3.6 m (11.8 ft.);
4.4
patios no closer than 1.0 m (3.3 ft.) to the rear line;
4.5
canopies over entrances to buildings, provided such projections are cantilevered and do
not exceed 1.0 m (3.3 ft.);
4.6
exterior balconies on apartments provided that:
i.
They are cantilevered and not enclosed, and designed as an integral part of the
building, and
ii. they do not project more than 2.0 m (6.6 ft.) into the required minimum rear yard
and in no case is closer than 2.0 m (6.6 ft.) to a rear line; and
4.7
any other features which, in the opinion of the Development Authority, are similar to
the foregoing.
3.8.
CORNER SITES AND DOUBLE-FRONTING SITES
1.0
In the case of double-fronting sites, the front yard shall be that portion of the site abutting the
road on which the front yards of adjacent lots face. If adjacent lots have front yards facing both
roads, front yards shall be considered to be on both roads and the lot may thus have no rear
yard.
Bylaw 2/2014
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2.0
Notwithstanding any other provision of this Bylaw to the contrary, the Development Authority
may require that a development on a corner site or on a double-fronting site provide two
minimum required front yards, after having regard to the orientation of adjacent lots and to the
location of accesses to the development.
3.0
Notwithstanding any other provision of this Bylaw to the contrary, where a second minimum
front yard is not required on a corner site, the minimum required flanking side yard shall not be
less than 3.0 m (9.8 ft.).
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3.9.
SIGHT LINE PROTECTION
1.0
On corner sites, no fence, wall, tree, bush, structure or
thing more than 1.0 m (3.3 ft.) in height shall be
installed, placed or maintained within the triangular
area formed by the intersecting road right-of-way
lines (or their projections) and a straight-line joining
point on the road right-of-way lines 6.0 m (19.7 ft.)
from their intersection.
2.0
At the intersection of roads and lanes, and at
intersections of driveways and roads, no fence, wall,
tree, bush, structure or thing more than 1.0 m (3.3 ft.)
in height shall be erected, placed or maintained within
the triangular area formed by the intersecting road or
lane right-of-way lines or the edge of the driveway
and a straight line joining points on the road or lane
right-of-way lines or the edge of the driveway 3.0 m
(9.8 ft.) from their intersection.
3.0
This Section 3.9 does not apply in the C-1 District or in the C-2 District, except where an existing
building is set back from the boundary line sufficient to allow for the regulations provided by
Subsections 1.0 and 2.0 hereof.
4.0
Notwithstanding any other provision of this Bylaw to the contrary, no sign shall be located
within the areas defined in Subsections 1.0 and 2.0 hereof such that any part of the sign is
between the heights of 1.0 m (3.3 ft.) and 4.0 m (13.1 ft.) above grade.
5.0
Where a subdivision of land has made provision for the areas defined in Subsections 1.0 and 2.0
hereof, for the purposes of measuring minimum required yards the resulting property line shall
not be applied to the boundary line of the site; instead, the boundary lines shall be projected
from the respective lines to their intersection; provided that no development is placed within
the right-of-way of a road or lane.
3.10.
UTILITY EASEMENTS
1.0
No development other than landscaping or a fence shall be constructed or placed on or over a
utility easement unless, in the opinion of the Development Authority, the development does
not restrict access to the utility easement for the purpose of installation and maintenance of
the utility.
2.0
If deemed appropriate by the Development Authority, a developer may be required to obtain
the written consent of the owner of the easement or affected party to the easement, for any
development proposed to encroach on or over a utility easement, other than a fence or
landscaping.
Figure 11 - Sight Line Protection
For illustrative purposes only (not drawn to scale)
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3.11.
AMENITY AREAS
Where required in any District, private and/or communal amenity areas shall be provided in
accordance with the following:
1.0
Private amenity areas shall be designed for the occupants of an individual dwelling unit and
shall:
1.1
be located immediately adjacent to, and with direct access from, the dwelling unit it is
intended to serve,
1.2
be located in a yard other than a front yard,
1.3
be landscaped and surfaced for convenient use for outdoor activities,
1.4
be of a width and length of at least 4.0 m (13.2 ft.), and
1.5
be developed as open space unencumbered by any accessory buildings or future
additions.
2.0
Notwithstanding Subsection 1.4 hereof, balconies may be considered private outdoor amenity
areas provided they are unenclosed and have a minimum depth of 2.0 m (6.6 ft.).
3.0
Communal amenity areas shall be designed for the recreational use of all residents of the
development or for the use and enjoyment of the public in the case of a non-residential
development. The area may be indoor or outdoor space, or a combination thereof, including
but not limited to landscaped courtyards, public seating areas, swimming pools, fitness rooms,
party rooms, games rooms, and children's play areas complete with equipment.
4.0
In multi-unit dwelling developments of fifteen (15) dwelling units or more, a minimum
communal amenity area of 2.5 m² (26.9 sq. ft.) per dwelling unit shall be provided and be
developed as children's play space or other communal recreation space and be aggregated into
areas of not less than 50.0 m² (528.2 sq. ft.).
5.0
In multi-unit dwelling developments, at least ten percent (10%) of the open space area required
on the site shall be provided for recreational purposes; and in multi-unit dwelling developments
of fifteen (15) units or more, recreational equipment shall be provided on this area to the
satisfaction of the Development Authority. In accordance with the provisions of Section 2.5.2.0,
this requirement may be relaxed at the discretion of the Development Authority where indoor
recreational facilities are provided.
3.12.
RELOCATION OF BUILDINGS
1.0
A development permit is required when a building that would require a development permit is
relocated to a new location, either within a site, or from one site to another.
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2.0
A development permit for the removal of a serviced building from a site requires proof of
service disconnection for all applicable utilities.
3.0
In making its decision on a development permit application to relocate an already constructed
or partially constructed building, the Development Authority shall, in addition to all other
applicable requirements and standards of the District which the site is located within, and
having regard to Section 3.6 - Architectural Standards, consider whether the building is
compatible with the character of the neighbourhood in which it is proposed to be located, and
may refuse a development permit if the building, in its sole opinion, is or will be incompatible
with the neighbourhood.
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3.13.
COMMUNICATION STRUCTURES
1.0
Communication, radio communication and broadcasting systems are regulated by Industry
Canada. In making its decision regarding the communication tower and related facilities
Industry Canada considers the following:
1.1
The input provided by the Development Authority;
1.2
Compliance with Transport Canada's painting and lighting requirements for aeronautical
safety;
1.3
Health Canada's safety guidelines respecting limits of exposure to radio frequency fields;
and
1.4
An environmental assessment may be required to comply with the Canadian
Environmental Assessment Act.
2.0
An applicant proposing to locate a communication, radio communication or broadcast antenna
system within the Municipality, which does not meet the exclusion criteria (Section 6 of the
Radiocommunication and Broadcasting Antenna Systems) or communication structures that are
not regulated by Industry Canada shall be subject to the following provisions:
2.1
Communication structures over 6.7 m (22.0 ft.) above grade at its highest point shall
require development permits and any other permits as required and must meet all
applicable provincial codes, regulations and standards including the National Building
Code - Alberta Edition and any other municipal requirements.
2.2
Along with the general requirements for a site plan outlined in Section 2.4.1.1, a site
plan for a communication structure will identify the boundary lines, tower, guy wire
anchors, existing and proposed structures, and uses and structures on the site and
abutting properties.
2.3
Communication structures shall not be located within front or side yards.
2.4
Unless demonstrated to be impractical, transmission antennae shall be mounted on
existing structures (including buildings or towers).
2.5
Communication structures and guy wire anchors shall conform to the setback
regulations respecting accessory buildings and structures, meet the setback
requirements of the District, and are satisfactory to the Development Authority.
2.6
The maximum height of a communication structure shall be 18.5 m (60.7 ft.) at its
highest point.
2.7
Antennas shall not be illuminated unless required by Transport Canada regulations and,
except for a manufacturer's logo, shall not exhibit or display any advertising.
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2.8
No person shall erect more than one freestanding antenna or two roof top antennas on
a residential site.
2.9
Communication structures shall be encouraged to be camouflaged or screened and as
far as possible respect the appearance and aesthetics of the buildings permitted in the
District to mitigate any adverse visual impact on its surroundings.
2.10
An application for a development permit for an amateur radio antenna located within a
residential district shall be subject to a landowner consultation process. The applicant
shall provide notice pursuant to Section 2.5.1.3, particularly by mailing to adjacent
landowners, ask for comments and input, and submit a summary of the outcome of the
consultation to the Development Authority. The Development Authority shall ensure
the applicant is given an opportunity to respond to comments and input that may form
part of the basis for its decision.
2.11
Any communication structure requiring a development permit pursuant to Subsection
2.1 hereof shall be considered as a discretionary use at the Development Officer's
discretion in any land use district.
2.12
In reviewing an application for a communication structure, the Development Authority
shall consider that:
i.
Preferred locations for the siting of communication structures, either
freestanding or attached to a building, include Commercial Districts and
Industrial Districts, and
ii.
Discouraged locations for the siting of communication structures, either
freestanding or attached to a building, include Residential Districts and public
areas such as parks.
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3.14.
ALTERNATIVE ENERGY TECHNOLOGY
1.0
General Requirements
1.1
All alternative energy technologies will be reviewed to ensure the proposal will not
negatively impact the surrounding area in which it is located and decisions on all
applications will be at the discretion of the Development Authority.
1.2
The proposed installation of any alternative energy system, device or structure shall first
require the issuance of a development permit, and any other permits that may be
required and the system, device or structure must meet all applicable provincial codes,
regulations and standards including the building code and any other municipal
requirements.
1.3
Along with the general requirements for development permit applications outlined in
Section 2.4, upon request of the Development Authority, technical drawings or studies
relating to the proposed alternative energy structure may be required.
1.4
There shall be no aboveground portion of an alternative energy structure located in a
front or side yard, with the exception of solar panels being ground mounted in a side
yard, provided the structure complies with the minimum side yard requirements of the
District.
1.5
Any aboveground portion of an alternative energy structure, including but not limited to
guy wires and anchors, which is accessory to a principal building shall comply with the
regulations of Part 4 - Accessory Use Provisions.
1.6
When practical, methods of screening shall be used to ensure that all alternative energy
technologies visually blend with the surrounding natural and built environment in which
they are situated.
1.7
No advertising, except for a manufacturer's logo, shall be visible on any alternative
energy technology.
2.0
Solar Collectors
2.1
A solar collector may be located on the roof or wall of a building or structure, or ground
mounted in a side yard provided the structure complies with the minimum side yard
requirements of the District. Notwithstanding the foregoing and Subsection 1.4 hereof,
if the optimal solar orientation of a solar collector would be located in a front yard, the
Development Authority may consider an exception on a case-by-case basis.
2.2
A solar collector mounted on a roof with a pitch of less than 4:12, may project:
i.
A maximum of 0.5 m (1.6 ft.) from the surface of a roof, when the solar collector is
located 5.0 m (16.4 ft.) or less from a side line, measured directly due south from
any point along the side line; and
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ii.
In all other cases, a maximum of 1.3 m (4.3 ft.) from the surface of a roof.
2.3
A solar collector mounted on a roof with a pitch of 4:12 or greater may project a
maximum of 1.3 m (4.3 ft.) from the surface of a roof.
2.4
A solar collector mounted on a roof must not extend beyond the outermost edge of the
roof or above the peak of the roof.
2.5
A solar collector that is mounted on a wall may project a maximum of:
i.
1.5 m (4.9 ft.) from the surface of that wall, when the wall is facing a rear line; and
ii. in all other cases, 0.6 m (2.0 ft.) from the surface of that wall.
3.0
Small Wind Energy Systems (SWES)
3.1
In addition to the requirements of Section 2.4, applications for small wind energy
systems shall include the manufacturer's specifications indicating:
i.
the SWES rated output in kilowatts;
ii. safety features and sound characteristics;
iii. type of material used in tower, blade, and/or construction;
iv. turbine height;
v. blade diameter and rotor clearance;
vi. Canadian Standards Association approval, if applicable;
vii. potential for electromagnetic interference;
viii. nature and function of over speed controls which are provided;
ix. specifications on the foundations and/or anchor design, including location and
anchoring of any guy wires;
x.
information demonstrating that the system will be used primarily to generate on-
site electricity; and
xi. location of existing buildings or improvements.
3.2
Prior to making a decision on a development permit application for a small wind energy
system, the Development Authority may refer and consider the input of the following
agencies and departments:
i.
Alberta Energy Regulator,
ii.
Transport Canada,
Bylaw 4/2019
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iii. Navigation Canada,
iv. Alberta Utilities Commission
3.3
Notwithstanding the maximum height provisions applicable to a site, the total height of
a small wind energy system may exceed the maximum building height of a District by a
maximum of 2.0 m (6.6 ft.).
3.4
The blade clearance of any small wind energy system shall not be less than 4.6 m (15.1
ft.) above grade.
3.5
Small wind energy systems shall be setback from any boundary line a minimum distance
equal to the height of the structure. In addition, small wind energy systems must comply
with the minimum yard requirements of the District.
3.6
The maximum diameter of the wind turbine blades shall be 3.0 m (9.8 ft.).
3.7
The property owner shall be responsible to ensure that the small wind energy system is
properly maintained including but not limited to the general appearance of the structure
and that its ongoing operation does not become a nuisance due to noise.
3.8
Small wind energy systems shall comply with the following standards:
i.
There shall be a limit of one (1) small wind energy system per site in R-1A, R-1B, R-
1C, R-1D, R-2, R-VC1 and R-VC2 Districts, and the limit in all other Districts shall be at
the discretion of the Development Authority;
ii. The system shall be equipped with manual and automatic over speed controls. The
conformance of rotor and over speed control design and fabrication to good
engineering practices shall be certified by a licenced mechanical, structural or civil
engineer;
iii. The system shall be operated such that no electro-magnetic interference is caused;
and
iv. The system's maximum power shall conform to the provincial Micro-Generation
Regulation.
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3.15.
TEMPORARY BUILDINGS AND USES
1.0
Where in the opinion of the Development Authority, an application for a development permit is
for a building or use that is intended to be temporary or is inherently temporary, the
Development Authority may impose conditions limiting the duration of the validity of the
Development Permit.
2.0
Where an application for a development permit is for the temporary placement of a
prefabricated building pursuant to Subsection 1.0 hereof, the Development Authority shall not
approve the development permit for a period of more than six (6) months.
2.1
If an extension to the six (6) month period is desired, an application for a new
development permit shall be submitted to the Development Authority. In such a case,
the Development Authority shall not approve the development permit for a period
exceeding a further six (6) months. In no case shall the Development Authority approve
a subsequent development permit such that the development would cumulatively
exceed a period of five (5) years.
3.0
Notwithstanding Subsection 2.0 hereof, the Development Authority may issue, and
subsequently consider for extension upon expiry, a temporary approval within the Public and
Private Services (PS) District for a period of time at their discretion provided it does not exceed
five (5) years.
4.0
If a development permit is conditionally approved limiting the duration of its validity, the
Development Authority shall impose a condition that the use or building be entirely removed
from the site and that the site be restored to its previous condition upon expiration of the
development permit, subject to reapplication.
3.16.
EXCAVATION, STRIPPING AND GRADING
1.0
Any stripping and grading activities or proposed excavations shall be subject to a development
permit and considered as a discretionary use at the Development Officer's discretion in any
land use district. In reviewing an application, the Development Authority will take the following
into consideration in rendering a decision:
1.1
Impact on adjacent land uses and the need to restrict the hours of operation;
1.2
Provision for adequate dust control;
1.3
Duration of the exposure of loose soil;
1.4
Measures to prevent tracking of mud onto adjacent roadways; and
1.5
Any other matters the Development Authority considers necessary to ensure it does not
unduly interfere with the amenities of the neighbourhood or materially interfere with or
affect the use, enjoyment or value of neighbouring parcels.
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3.17.
ON-SITE AND OFF-SITE SERVICES AND IMPROVEMENTS
1.0
Where any on-site services or improvements, or any off-site local improvements are required to
service a proposed development, a developer shall not begin the excavation for the foundation
nor commence the development until the Development Authority is satisfied that an
agreement is entered into with the Municipality pursuant to Section 2.6.1.1 to undertake such
services or improvements.
2.0
No development permit shall be issued for a development to be serviced by private sewer and
water systems until the systems have been approved by the appropriate agency.
3.0
As required by the Development Authority, the developer shall provide site servicing plans
prepared by a professional engineer for multi residential, commercial, industrial and
institutional development/redevelopment as per the Municipal Design Standards.
4.0
A security, acceptable to the Development Authority, may be required to ensure that the
infrastructure construction is in accordance with the Municipal Design Standards.
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3.18.
COMPREHENSIVE SITE PLANNING
1.0
Prior to the granting of an approval of a subdivision application, or a development permit
application, the developer shall provide the Municipality with a proposed site development and
landscaping plan and enter into an agreement with the Municipality specifying the obligations
of the developer and the Municipality. The developer shall adhere to the requirements of
Sections 2.4.3.0 and 2.6.1.0, as well as the obligations regarding the following:
1.1
the establishment, operation and maintenance of facilities for:
i.
storm water management,
ii. sanitary sewage collection and disposal,
iii. water, power and gas supply,
iv. alternative energy technology, if proposed,
v. access via roads, sidewalks, walkways and curbs,
vi. snow removal,
vii. garbage collection, including garbage collection areas and buffering of same,
viii. fire protection,
ix. parks, playgrounds, buffers and other amenity areas,
x.
landscaping and fencing, and
xi. any other facility deemed necessary by the Development Authority;
1.2
the standards of construction for same and the provision of security to ensure
completion of any or all of them;
1.3
the manner in which costs of same are to be met or recovered;
1.4
the period of time agreed upon for completion of construction or installation of the
facilities;
1.5
the provision to the Municipality of as-built site and utility plans showing the boundaries
of all lots and the location of all buildings and services; and
1.6
such other matters as may be deemed necessary by the Development Authority.
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2.0
In considering a condominium plan or a bare land condominium plan, the following shall apply:
2.1
except as provided for in Subsection 4.0 hereof, the development regulations of the
District in which the condominium plan or bare land condominium plan is located shall
apply;
2.2
roadway and Municipal Design Standards may, at the discretion of the Development
Authority, be relaxed within the condominium plan or the bare land condominium plan
provided that:
i.
adequate emergency vehicle access, legal road access, and municipal servicing is
provided and maintained to the satisfaction of the Development Authority, and
ii. the developer and its heirs and assign or the condominium corporation assumes all
responsibility for the construction, maintenance, repair and replacement of all such
roads and services within the condominium plan or bare land condominium plan.
3.0
The site area, site sizes, site coverage and density within a comprehensive site planning
development shall adhere to the regulations of the District in which the comprehensive site
planning development is located, except that the site size, site coverage, and density may be
relaxed in part of the development where the minimum site area is achieved and the maximum
density on the site is not exceeded. The Development Authority shall adhere to the provisions
of Section 2.5.2.0 when considering a relaxation to these regulations.
4.0
Internal separation space between buildings within a comprehensive site planning
development shall be to the satisfaction of the Development Authority, based on site design
considerations, the National Building Code - Alberta Edition, and the need for access between
buildings.
5.0
The Development Authority may require that all plans for parking areas within a comprehensive
site planning development be submitted under the seal of a Professional Engineer.
6.0
A fence, including barricades or a gate, may not be constructed in a manner that prohibits or
restricts primary vehicular access to a parking area of a comprehensive site planning
development. This section does not apply to parkades.
Bylaw 8/2013
Bylaw 2/2014
Bylaw 11/2020
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3.19.
OBJECTIONABLE OR RESTRICTED DEVELOPMENTS
1.0
Nuisances
1.1
No activity may be undertaken which, in the opinion of the Development Authority,
constitutes a nuisance on a private or public site by reason of the generation of noise,
vibration, heat, humidity, glare, smoke, dust, other particulate matter, or odour
exceeding those measures prescribed in applicable municipal bylaws, or Federal or
Provincial statutes or regulations.
1.2
Garbage shall be stored in weather-proof and animal-proof containers and screened
from adjacent sites, and roads, and shall be in a location easily accessible for pick-up.
2.0
Environmental Assessments
2.1
Where the potential for prior contamination of a site exists, the Development Authority
may require that an Environmental Site Assessment be conducted according to the
guidelines of CSA Z768-01 or its successor, in order for a development permit application
to be considered complete. Any follow-up assessment or remedies that may be
required may be incorporated into conditions for the approval of the development
permit.
3.0
Hazardous Substances and Pesticides
3.1
No anhydrous ammonia (AA) or liquefied petroleum gas tank or (LPG) storage tank with
a water capacity exceeding 9080 L (2000 gal.) shall be allowed within the Municipality.
3.2
All developments which store, manufacture, utilise, emit, or discharge hazardous
substances or pesticides shall comply with Provincial and Federal legislation and
regulations.
3.3
All commercial or industrial developments involving hazardous substances or pesticides
shall submit a written description of the materials and operations being undertaken on
the site at the time of development permit application or at the time the operation
begins using the hazardous substances or pesticides.
4.0
Outdoor Lighting
4.1
Where artificial outdoor lighting is provided to illuminate any Lot, building or Site, the
type and location of lighting must:
i.
serve a specific purpose and be limited to what is necessary for the particular use;
ii. be designed, planned, and implemented;
iii. avoid undue illumination of the neighbouring parcels;
iv. not adversely affect the use, enjoyment, and privacy of any dwelling unit and its
amenity spaces; and
v. not interfere with traffic safety on any road.
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4.
PART FOUR - ACCESSORY USE PROVISIONS
4.1.
ACCESSORY BUILDINGS
1.0
All accessory buildings and uses shall comply with all relevant provisions of this Bylaw.
2.0
No person shall use or permit an accessory building to be used as a dwelling unit, except as a
surveillance suite or an accessory dwelling unit, where allowed in this Bylaw.
3.0
Accessory buildings shall be constructed either simultaneously with, or after, the construction
of the principal building on a site or the commencement of the principal use on a site, and not
before the principal building is constructed or the principal use commences.
4.0
Where a building is attached to a principal building by an open or enclosed roofed structure, or
where the building cannot be removed or relocated without structural alteration to the
principal building, it is to be considered a part of the principal building and not an accessory
building, and all the minimum yard requirements of the principal building shall apply.
5.0
Where an accessory building is attached to another accessory building, they are to be
considered to be combined as one accessory building, and the floor area of the building shall be
the total of all attached portions of that building.
6.0
No person shall construct or permit the construction of an accessory building, or group of
accessory buildings, such that, individually or collectively, the gross floor area of the accessory
building or buildings would:
6.1
along with the principal building, exceed the maximum site coverage allowed on the
site, or
6.2
exceed twelve percent (12%) of the site area, unless otherwise prescribed in the Bylaw.
6.3
Notwithstanding the above, the 1st accessory building under 10m² shall not count
toward site coverage.
7.0
Accessory buildings shall not be located in a front yard or flanking side yard.
8.0
Accessory buildings shall not be located on an easement or a utility right-of-way, unless
otherwise provided for in Section 3.9.5.0.
9.0
Accessory buildings shall comply with Section 3.6 - Architectural Standards unless otherwise
noted in this Bylaw.
10.0
In Residential Districts:
10.1
Unless otherwise provided for in this Bylaw, an accessory building shall not exceed one
storey or 5.0 m (16.41 ft.) in building height.
Bylaw 2/2014
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10.2
The gross floor area of any number of an accessory building constructed on a site must
not, individually or collectively exceed the floor area of the principal building on the site.
10.3
Accessory buildings (see Figure 4.1) shall be located:
i.
no closer than 1.0 m (3.3 ft.) from the side property line, excepting where a party
wall is constructed along the boundary line, in which case accessory buildings may
be built up to the side property line along the party wall;
ii. no closer than 1.0 m (3.3 ft.) from the rear property line; and
iii. such that no roof overhang is located within 0.45 m (1.5 ft.) of a side or rear
property line.
10.4
Notwithstanding Subsection 7.0 hereof, in the case of double fronting or corner sites,
the minimum required front yard from one front line, or the minimum required flanking
side yard, may be reduced to 4.5 m (14.8 ft.) where, in the opinion of the Development
Authority, any adjacent developments would not be adversely affected.
10.5
Notwithstanding Subsection 10.3 hereof, where the vehicle doors of a detached garage
face a road or lane abutting a site, the garage shall be either between 1.0 m (3.3 ft.) to
1.2 m (3.9 ft.), or otherwise no closer than 6.0 m (19.7 ft.) from the side or rear line.
Figure 12 - Location of Accessory Buildings
For illustrative purposes only (not drawn to scale)
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Prefabricated Structures (including shipping containers and fabric structures)
10.6
Prefabricated structures shall not be used or located on a site as an accessory use or
building in any Residential District unless the following have been complied with:
i.
Prefabricated structures shall be adequately anchored, but not permanently fixed
to the ground;
ii.
Prefabricated structures shall be maintained in good condition and periodically
refurbished;
iii.
Notwithstanding any minimum yard requirements, prefabricated structures shall
be sited in relation to side and rear lines such that the Development Authority is
satisfied that it is accessible for maintenance, repair and removal if required;
iv.
The exterior finish of a shipping container must be altered such that it does not in
any manner resemble a shipping container as originally constructed and, instead,
matches or complements the exterior finish and roof pitch of the principal building
on the site;
v.
Notwithstanding any other provision of this Bylaw to the contrary, prefabricated
structures with an exterior fabric material shall be located no closer than 2.4 m
(7.9 ft.) from any boundary line or other building on the subject site or an adjacent
site, and may only be placed on a site from April 1st to October 31st of any
calendar year; and/or,
vi.
Any other matters the Development Authority considers necessary to ensure the
prefabricated structure does 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.
11.0
In Districts Other than Residential Districts:
11.1
The setbacks and height of accessory buildings shall adhere to Subsection 10.0 hereof,
unless otherwise indicated in this Bylaw; however, in no case shall the Development
Authority allow accessory buildings to exceed the building height of the principal
building on the site or the maximum building height allowed in the District in which the
site is located.
11.2
Prefabricated structures in Districts other than Residential Districts shall be maintained
in good condition and periodically refurbished, and adequately anchored.
11.3
Except in an Industrial District, the exterior finish of a shipping container shall be painted
or sided to match or complement the exterior finish of the principal building on the site,
in order to mask any shipping labels or other similar markings or signs of wear and tear.
Shipping containers shall be maintained in good condition. The Development Authority
may, require shipping containers be screened where the shipping container would be
visible from a road or from an adjacent dwelling unit with fences, hedges, or other
Bylaw 8/2014
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landscaping, matching, or complementing the exterior finish and roof pitch of the
principal building on the site.
4.2.
ACCESSORY DWELLING UNIT
1.0
An accessory dwelling unit shall be accessory to a principal dwelling unit and shall not be
allowed on a site unless specifically listed as a permitted or discretionary use in the District
within which the site is located. Section 2.5.1.10 shall not apply to any use that may be
considered similar to accessory dwelling unit.
2.0
Only one (1) accessory dwelling unit may be permitted on a parcel of land, and only where the
principal dwelling unit does not have an approved development permit for a bed and breakfast
establishment, child day home, group home or major home occupation.
3.0
An accessory dwelling unit shall be developed in such a manner that the exterior of the
principal building containing the accessory dwelling unit shall appear as a single dwelling unit,
and the exterior finish shall comply with Section 3.6 - Architectural Standards.
4.0
For an accessory building containing an accessory dwelling unit:
4.1
Notwithstanding Section 4.1.10.1, where an accessory dwelling unit is located above a
detached garage the accessory building shall not exceed 7.0 m (23.0 ft.) or two storeys,
4.2
Windows shall be placed and sized such that they minimise visibility into yards and
windows of adjacent properties through offsetting, screening with landscaping or
fencing, and facing large windows away from abutting parcels of land, and
4.3
No deck, balcony or any similar unenclosed structure shall be allowed on roofs, and
where an accessory dwelling unit is located above a detached garage the structure may
only face a lane, the principle building, or flanking road abutting the site and,
notwithstanding any other provision of this Bylaw to the contrary, shall be included in
the calculation of ground floor area.
5.0
An accessory dwelling unit shall have a floor area that does not exceed the floor area of the
principal dwelling unit. For the purposes of this Subsection, floor area does not include shared
mechanical areas, common areas, or the area covered by stairways.
6.0
An accessory dwelling unit shall be constructed in accordance with the requirements of all
applicable codes and regulations pursuant to the Safety Codes Act.
7.0
An accessory dwelling unit shall not be considered in the calculation of densities as outlined in
statutory plans.
8.0
Parking shall be provided for an accessory dwelling unit in accordance with Part 6 - Parking,
Loading and Access Provisions.
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4.3.
BED AND BREAKFAST ESTABLISHMENTS
1.0
Bed and breakfast establishments shall be accessory to a principal dwelling unit and shall not be
allowed on a site unless specifically listed as a permitted or a discretionary use in the District
within which the site is located. Section 2.5.1.10 shall not apply to any use that may be
considered similar to bed and breakfast establishments.
2.0
A bed and breakfast establishment shall not change the principal character or external
appearance of the dwelling unit involved and shall have a maximum of four (4) sleeping
bedrooms.
3.0
Cooking facilities shall not be located within the sleeping units.
4.0
In addition to the above, a bed and breakfast establishment shall comply with all of the
requirements for a major home occupation described in Section 4.5.
4.4.
FIRE PITS
1.0
Fire pits are only permitted in residential districts.
2.0
Shall be at least 10 feet (3 meters) from all buildings, property lines and combustible materials.
3.0
Shall not be located over any underground utilities or under any above ground wires or foliage.
4.0
Surface area or cooking area cannot exceed 3 feet (1 metre) in width or length.
5.0
Shall have enclosed sides no greater than 2 feet (60 centimetres) above ground level.
6.0
Shall be constructed of bricks, concrete blocks, heavy gauge metal, or other suitable non-
combustible components deemed acceptable by the Development Authority.
7.0
Shall have a spark arrestor mesh screen with openings no larger than 0.25 inch (1.25 cm) made
of expanding metal or equivalent.
8.0
Must be located in the back yard of the premises.
9.0
Shall be inspected by a Fire Prevention Officer prior to containing fire.
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4.5.
HOME OCCUPATIONS
1.0
Home occupations shall not be allowed on a site unless a dwelling unit is located on the site on
which the home occupation is to be located and the principal operator of the home occupation
is a permanent resident of the dwelling unit.
2.0
In addition to the requirements of Section 2.4, for a development permit application for a
proposed home occupation located within a condominium plan, the applicant shall submit a
letter of authorisation from the Condominium Association.
3.0
Home occupations shall not be allowed if, in the opinion of the Development Authority, such
use would be more appropriately located in a Commercial or Industrial District, having regard
for the overall compatibility of the use with the residential character of the area, including but
not limited to considerations such as potential pedestrian or vehicular traffic and/or parking
associated with the proposed use generated in excess of that which is characteristic of the area.
4.0
The Development Authority may, in its sole discretion, place time limits on the period for which
a development permit for a home occupation is valid.
5.0
The Development Authority shall consider the cumulative impacts of all home occupations on a
site and may impose conditions to ensure continued compatibility with the residential
character of the area. Additional home occupations may be refused.
6.0
All home occupations shall comply with the following requirements:
6.1
No home occupation shall change the principal character or external appearance of the
dwelling unit involved or of any accessory buildings.
6.2
Home occupations shall be incidental and subordinate to the principal use of the
building.
6.3
Storage related to the business activity and the business activity itself may be allowed in
either the dwelling unit or accessory buildings. Where a home occupation is permitted
to operate in a garage, it shall not prevent the continued use of the garage for its
primary intended purpose of the storage of motor vehicles unless sufficient parking is
provided elsewhere on-site.
6.4
There shall be no outdoor business activity, or outdoor storage of material or equipment
associated with the home occupation allowed on the site.
6.5
There may be a limited display of products and goods in the interior of the dwelling unit
or accessory buildings and a limited volume of on-premises sales, provided that the
product is incidental and related to the business provided by the home occupation.
6.6
No more than one (1) vehicle, no larger than a pickup truck with a single rear axle and
dual rear wheels, nor in excess of the maximum gross vehicle weight allowed in the
Municipality's Community Standards Bylaw, shall be used in conjunction with the home
occupation, or parked or maintained on the site or on the road in proximity to the site.
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6.7
Parking shall be provided for the home occupation in accordance with Part 6 - Parking,
Loading and Access Provisions.
6.8
In addition to the general requirements of Section 3.19.1.0, the home occupation shall
not create any nuisance by way of noise, vibration, dust, odour, or smoke, or anything of
an offensive or objectionable nature that may be heard or felt beyond the property.
6.9
Home occupations shall not involve activities that use or store hazardous material in
quantities exceeding those typically found in a normal household.
7.0
A major home occupation shall also comply with the following regulations:
7.1
One (1) utility trailer of a length not exceeding 6.0 m (19.7 ft.), used in conjunction with
the major home occupation may be kept on-site. Storage of equipment may be kept in
the trailer, provided it is kept in a neat and tidy manner to the satisfaction of the
Development Authority and not outside on the site.
7.2
The presence of any non-resident employees or business partners working on-site be
business specific and limited through permit conditions at the discretion of the
Development Authority.
7.3
The dwelling unit in which a major home occupation is located may have one wall sign
placed on the dwelling, inside a window of the dwelling unit, or by the entrance of an
accessory building approved for such use, provided that the sign does not exceed 0.4 m²
(4.3 sq. ft.) in area.
8.0
A minor home occupation shall also comply with the following regulations. If it does not, it
shall be considered to be a major home occupation:
8.1
No person shall be employed on-site other than a resident of the dwelling unit.
8.2
There may not be a utility trailer used in conjunction with the minor home occupation.
8.3
There may not be a sign relating to a minor home occupation.
8.4
A minor home occupation shall have no adverse impacts on adjacent parcels of land.
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4.6.
PRIVATE SWIMMING POOLS AND HOT TUBS
1.0
Notwithstanding any other provision of this Bylaw to the contrary, a development permit is
required prior to the commencement of the installation or construction of a private swimming
pool or hot tub.
2.0
Private swimming pools and hot tubs shall not be located within a front yard.
3.0
Site coverage shall not apply to private swimming pools or hot tubs.
4.0
Every private swimming pool or hot tub shall be secured against entry by the public other than
owners, tenants, or their guests. Notwithstanding any provision of this Section 4.6, any
proposed private swimming pool or hot tub shall comply with the requirements of the National
Building Code - Alberta Edition.
5.0
No barbed wire or electrification of any part of a fence or gate enclosing a swimming pool or
hot tub shall be allowed.
Bylaw 4/2019
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4.7.
SURVEILLANCE SUITES
1.0
Surveillance suites shall not be allowed on a site unless specifically listed as a permitted or as a
discretionary use within the District within which the site is located. Section 2.5.1.10 shall not
apply to any use that may be considered similar to surveillance suites.
2.0
A surveillance suite which is not located attached to or within the principal building shall be
located a minimum of 3.0 m (9.8 ft.) from the rear and side lines;
3.0
A surveillance suite may be a manufactured home unit. Where it is a manufactured home unit,
the manufactured home unit shall be secured to a foundation and properly skirted.
4.0
The maximum floor area of a surveillance suite shall be 84.0 m² (904.2 sq. ft.).
5.0
The design and quality of the exterior treatment of the surveillance suite shall be in accordance
with Section 3.6 - Architectural Standards.
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5.
PART FIVE - SPECIAL USE PROVISIONS
5.1.
ADULT ENTERTAINMENT ESTABLISHMENTS
1.0
In considering an application for approval of an adult entertainment establishment, the
Development Authority shall require the development to meet the following:
1.1
the gross floor area for the adult entertainment establishment shall not exceed 278.7 m²
(3,000.0 sq. ft.);
1.2
be located on a site at least 200.0 m (656.2 ft.) away from the nearest Residential
District;
1.3
be located on a site at least 150.0 m (492.1 ft.) away from the nearest recreational
facility, public education facility, place of worship, child care facility, group care facility,
community recreation service or public park; and
1.4
be located at least 50.0 m (164.0 ft.) from the nearest site upon which there is another
adult entertainment establishment.
2.0
In order to protect surrounding uses from the potential adverse effects of adult entertainment
establishment, the Development Authority shall require the following design guidelines:
2.1
There shall be no exterior display of nudity or partial nudity in respect of any adult
entertainment offered within the premises;
2.2
All exterior advertising shall be minimal and meet the character of the surrounding
developments; and
2.3
Methods of shading shall be used on all windows and doors to ensure that there is
restricted visibility into the facility from the outside.
3.0
The Development Authority may require lighting, signage and screening measures, including
landscaping, in addition to the other requirements of this Bylaw that, in its sole opinion, will
make a proposed adult entertainment establishment development reasonably compatible with
existing residential or commercial uses which are either adjacent or nearby.
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5.2.
ANIMAL CARE AND RELATED USES
1.0
These regulations shall apply to all animal care and related uses.
2.0
The Development Authority shall require that development of these uses pay particular
attention to Section 3.19.1.0, specifically noise and odour which may cause nuisance or
negative external impact. Noise generated by pens, rooms, and runs shall be adequately
mitigated.
3.0
A separate air extractor system shall be provided in the animal holding area where heating and
air conditioning is shared with other uses.
5.3.
CANNABIS SALES
1.0
Cannabis sales shall not be permitted if they have any part of an exterior wall that is located
within 100.0 m (328.1 ft.) of any use or parcel of land prescribed by Alberta's Gaming, Liquor
and Cannabis Regulation, as amended or replaced from time to time.
2.0
Notwithstanding Section 2.5.2.0, the Development Authority shall not grant a variance to
Subsection 1.0 hereof.
3.0
The Development Authority may require lighting, signage and screening measures, including
landscaping, in addition to the other requirements of this Bylaw that, in its sole opinion, will
make a proposed cannabis sales development reasonably compatible with existing uses which
are either adjacent or nearby.
4.0
The Development Authority shall impose a condition on any development permit issued for
cannabis sales requiring that the development shall not commence until authorised by, and
compliant with, provincial or federal legislation and any regulations pertaining thereto.
Bylaw 3/2018
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5.4.
CHILD CARE FACILITIES AND COMMERCIAL SCHOOLS
1.0
In considering a development permit application for a Child Care Facility or Child Day Home, the
Development Authority may consider, among other matters, if the development would be
suitable for the proposed location, taking into account, among other matters, potential traffic,
proximity to park and recreation areas, isolation of the site from dwelling units, buffering or
other techniques limiting interference with other uses and the peaceful enjoyment of nearby
dwelling units, and consistency in term of intensity of use with other development in the area.
2.0
The maximum number of children for which care may be provided in a Child Care Facility or
Child Day Home shall be in accordance with the Alberta Child Care Licensing Regulation. The
maximum number of patrons to a Commercial School at any one time shall be at the discretion
of the Development Authority, having regard for the nature of the facility and the District in
which it is located, potential increases in traffic, and the location of the use in relation to other
uses in the vicinity of the development.
3.0
Outdoor play space shall be provided for a Child Care Facility or Child Day Home in accordance
with the Alberta Child Care Licensing Regulation, and any on-site outdoor play spaces shall be
screened to the satisfaction of the Development Authority.
4.0
Parking shall be provided for a Child Care Facility or Commercial School in accordance with Part
6 - Parking, Loading and Access Provisions. In addition, a drop-off / pick-up zone shall be
provided:
4.1
at the rate of one (1) drop-off / pick-up zone for every ten (10) patrons on-site;
4.2
with each drop-off / pick-up zone complying with Minimum Parking Space Dimensions
found in Section 6.7.3.0 and being adequately signed for such use; and
4.3
within 30.0 m (98.4 ft.) from the entrance of the Child Care Facility or Commercial
School.
5.0
For the purposes of this Section, a Child Day Home shall be considered a Home occupation-
major and comply with all applicable provisions of Section 5, with the following exceptions:
5.1
the provision of outdoor business activity may be allowed for outdoor play space;
5.2
there may not be a utility trailer used in conjunction with a Child Day Home; and
5.3
the maximum number of clients or customers on-site at one time shall be at the
discretion of the Development Authority, taking into consideration the maximum
number of children for which care may be provided.
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5.5.
DRIVE-THROUGH BUSINESSES
1.0
Drive-through businesses shall not be allowed on a site unless the use of the drive-through
business is specifically listed as a permitted or discretionary use in the District within which the
site is located.
2.0
Location
2.1
A drive-through business may be located only where it can be shown that the
development would not:
i.
impede safe traffic movement entering and exiting the site;
ii. interfere with the functioning of surrounding roads or the accessibility of any
neighbouring residential uses; and
iii. create unsafe traffic circulation on the site.
2.2
A drive-through business may be located in a shopping centre or other multiple use
development at the discretion of the Development Authority.
3.0
The minimum required separation distances for drive-through developments shall be:
3.1
the minimum building setback requirement of the underlying land use district, in
accordance with any front, side or rear yard, shall be applicable from the boundary line,
or where the boundary line is adjacent to a road or a lane, from the centreline of the
road or lane to the outer edge of any drive-through aisle;
3.2
6.0 m (19.7 ft.) from any site line or parking areas to all pump islands;
3.3
3.0 m (9.8 ft.) from any site line to canopies over pump islands or drive-through aisles;
and
3.4
for a drive-through development adjacent to a residential use or Residential District:
i.
10.0 m (32.8 ft.), or
ii. in the case of a car wash, 25.0 m (82.0 ft.), or
iii. such greater distance that the Development Authority deems necessary in order to
buffer the residential use or District from noise, traffic or other impacts of the drive-
through development.
4.0
Queuing Space
Queuing space and traffic circulation shall be provided in accordance with the following:
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4.1
in addition to the space occupied by a vehicle receiving service or using a drive through,
a minimum of five (5) inbound queuing spaces and one (1) outbound queuing space shall
be provided,
4.2
notwithstanding the provisions of Subsection 4.1 hereof, the Development Authority
may require a differing number of queuing spaces based on the nature of the use and
taking into consideration on-site constraints and traffic circulation,
4.3
queuing spaces must be a minimum of 6.0 m (19.7 ft.) long and 3.0 m (9.8 ft.) wide,
4.4
queuing spaces must allow for vehicle turning and maneuvering, and
4.5
pump islands must be located to allow a through traffic lane with a minimum width of
6.0 m (19.7 ft.).
4.6
Queuing spaces must not overlap with any parking stalls or drive aisles.
5.0
Site and Building Requirements
5.1
All parts of the site to which vehicles may have access shall be hard-surfaced and
drained to the satisfaction of the Development Authority and in accordance with the
Municipal Design Standards.
5.2
Drive-through aisles shall be clearly delineated as such and separated from any adjacent
landscaped areas by poured-in-place concrete curbing.
5.3
The site and all improvements thereon shall be maintained in clean and tidy condition,
free from rubbish and debris.
5.4
Receptacles for the purpose of disposing of rubbish and debris shall be provided as
required by the Development Authority.
5.5
A minimum of ten percent (10%) of the site area of a drive-through business shall be
landscaped to the satisfaction of the Development Authority.
5.6
In addition to the fencing, landscaping, and environmental protection requirements
indicated in Part 3 - General Development Provisions, a berm and/or fence and/or
hedge shall be installed and maintained by the developer of a drive-through business
along any site lines abutting or across a lane or walkway from a Residential District.
5.7
If a car wash is located on a site which abuts a residential use or a Residential District,
noise attenuation shall be provided to the satisfaction of the Development Authority.
Such measures may include but not be limited to the provision of buffering, restricting
vacuums to indoor usage only, and requiring doors to be closed during operation of
drying equipment.
5.8
The location and orientation of features such as menu boards and outdoor speakers
shall be determined by the Development Authority, having regard to potential impacts
on adjacent developments.
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5.6.
INDUSTRIAL USES
1.0
These regulations shall apply to all industrial related uses, including but not limited to:
agricultural industry, general contractor services, general industrial uses, medium industrial
uses, and major utility services.
2.0
Any indoor display, office, technical or administrative support areas or any retail sale
operations shall be accessory and subordinate to the industrial use activities. The floor area
devoted to such accessory activities shall not exceed a total of thirty-three percent (33%) of the
total floor area of the building or buildings devoted to the industrial use, except that this
restriction shall not apply where, in the opinion of the Development Authority, a significant
portion of the industrial activity naturally and normally takes place out of doors.
3.0
If, in the opinion of the Development Authority, the pollution, hazard or nuisance level of an
industrial use being a Discretionary Use in any District is of such an intensity which may render
it incompatible with adjacent development, and where such pollution, hazard or nuisance level
cannot be adequately mitigated through reasonable means, the Development Authority shall
evaluate the proposal in terms of its land use compatibility and may refuse an application for a
development permit for such an industrial use.
5.7.
LIVE/WORK UNITS
1.0
Live/Work Units shall comply with all applicable regulations of the underlying district in which
they are located as well as the provisions governing signage and parking as they pertain to each
component of a unit.
2.0
A maximum of two (2) people may be employed in addition to the resident of the live/work
unit.
3.0
The commercial component of the unit shall not exceed fifty percentage (50%) of the gross
floor area of the residential dwelling unit.
4.0
Each component of a live/work unit shall have individual access at grade and a direct access
shall also be provided between the commercial and residential units.
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5.8.
MIXED-USE DEVELOPMENTS
1.0
Any development that includes a dwelling unit or units above a commercial and/or institutional
development shall comply with the following requirements:
1.1
The residential use must have a separate entrance from the entrance to the non-
residential component of the development.
1.2
Minimum parking shall be provided in accordance with Part 6 - Parking, Loading and
Access Provisions and the residential parking shall be clearly delineated from the
commercial parking and signed accordingly.
1.3
Residential visitor parking and non-residential parking must be accessible to the public
and as such will not be permitted to be located within a privately secured parkade.
1.4
The registration of any condominium plan and potential titling of parking spaces must
not affect public access to residential visitor parking and commercial parking spaces.
1.5
Separate garbage and recycling containment areas must be provided for the residential
and non-residential components of the development.
1.6
The Development Authority shall give careful consideration to any proposed
discretionary non-residential uses within a mixed-use development to ensure such uses
are reasonably compatible with the residential use, having regard to potential conflicts
arising from nuisance or traffic generation.
1.7
Dwelling units shall comply with maximum density, minimum floor area, landscaping,
and amenity area requirements for dwelling units in Section 8.1.7.
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5.9.
PLACES OF WORSHIP
1.0
The site on which a place of worship is situated shall have a frontage of not less than 30.0 m
(98.4 ft.) and an area of not less than 900.0 m² (9,688 sq. ft.) except in the case where a
building for a clergyperson's residence is to be erected on the same site. The combined area of
the site in this case shall not be less than 1,440.0 m² (15,500 sq. ft.).
2.0
Minimum front, side and rear yards shall be those required within the District in which the
place of worship is located.
3.0
A place of worship may be located in any District if it is an accessory use to a permitted or
discretionary use in that District.
4.0
Notwithstanding any other provision of this Bylaw to the contrary, a portion of the required
minimum number of parking spaces may be located on a site other than that of the subject
place of worship if it is demonstrated to the satisfaction of the Development Authority that
such off-site parking spaces are available for the use of the patrons of the place of worship.
5.0
All places of worship shall abut a road which is designated an arterial road or a major collector
road in the Municipal Development Plan, or an arterial road, a major collector road or a minor
collector road in an Area Structure Plan.
5.10.
SHOPPING CENTRES
1.0
The maximum building height shall be 10.7 m (35.1 ft.) or two (2) storeys, whichever is greater
unless specified in the underlying District.
2.0
Notwithstanding any other provision of this Bylaw to the contrary, the maximum floor area
ratio shall be 1.0.
3.0
All shopping centres shall satisfy the Development Authority as to:
3.1
the orientation, exterior design, and architectural appearance of buildings,
3.2
the location of development in relation to adjacent land uses,
3.3
vehicular traffic flow patterns within and access to and from the site,
3.4
safe pedestrian access and egress within the site and from any pedestrian way, and
3.5
the location of exterior signs.
4.0
A development permit shall be required for any changes to a shopping centre that would
constitute a development.
5.0
The Development Authority may require any other matters, regulations, or conditions relating
to the development as, in its opinion, are necessary, having regard to the nature of the
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proposed shopping centre development, adjacent land uses and compatibility of uses within
the shopping centre.
5.11.
SHOW HOMES
1.0
In addition to the requirements of Section 2.4, a development permit application for a show
home shall be accompanied by information indicating:
1.1
the location and area intended as the site for the show home, and
1.2
proposed parking, exterior lighting and signs.
2.0
A development permit is required when a show home use ceases and is transitioned to a
dwelling unit for residential occupancy.
3.0
The appearance of the building shall, in the opinion of the Development Authority, be
compatible with the character of other buildings in the vicinity.
4.0
Notwithstanding Section 3.1.2.0, a development permit may, at the discretion of the
Development Authority, be issued for a show home prior to a subdivision being registered at
the Land Titles Office, provided that, in the sole opinion and to the satisfaction of the
Development Authority, sufficient measures have been undertaken to ensure, among other
matters, that the show home is properly sited in relation to proposed lot boundary lines, and
access and protection for emergency response to the show home has been provided.
Bylaw 19/2014
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Morinville Land Use Bylaw 3/2012
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6.
PART SIX - PARKING, LOADING AND ACCESS PROVISIONS
6.1.
INTERPRETIVE PROVISIONS
1.0
In the case of a use not specifically mentioned, the required number of on-site parking spaces
shall be the same as for a similar use as determined by the Development Authority.
2.0
Where a development contains more than one use, the required number of parking spaces
shall be the sum of the requirements for each of the uses.
3.0
Where a fractional number of parking spaces are required, the next highest number of spaces
shall be provided.
6.2.
ON-SITE PARKING REQUIREMENTS
Unless otherwise approved by the Development Authority, each development shall provide on its site a
parking area containing, at a minimum, the number of parking spaces as calculated in Table 6.1.
TABLE 6.1
RESIDENTIAL USES
MINIMUM NUMBER OF PARKING SPACES
Apartments and dwelling units contained in mixed-
use building
1 space per bachelor suite; plus
1.25 spaces per 1 bedroom unit; plus
1.5 spaces per 2-bedroom unit; plus
2 spaces per 3 or more-bedroom unit; plus
1 space per 7 dwelling units for visitor parking
Duplex - Stacked
Duplex - Side-by-side
2 spaces per dwelling unit, plus, if deemed necessary
by the Development Authority, 1 space per 7 dwelling
units for visitor parking if located within a
Comprehensive Site Planning development
Ground-oriented multiple unit dwelling
2 spaces per dwelling unit plus, if deemed necessary
by the Development Authority, 1 space per 7 dwelling
units for visitor parking
Home office
Not required
Manufactured home park and/or unit
2 spaces per unit plus 1 space per 3 units for visitor
parking
Accessory dwelling unit
1 space in addition to the parking required for the
principal dwelling unit
Single detached dwelling
2 spaces per unit
Supportive housing
1 space per dwelling unit or 1 space per 5 non-self-
contained units; plus
1 space per 7 dwelling units or non-self-contained
units for visitor parking
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COMMERCIAL USES
MINIMUM NUMBER OF PARKING SPACES
Adult entertainment establishment
Animal shelter
Art studio
Automotive and equipment repair shop
Automotive sales/rental establishment
Business support service establishment
Commercial school
Contractor service - Limited
Rental establishment
Financial service
Health service
Household repair services
Office use
Personal service shop
Pet store and grooming
Retail store - Convenience
Retail store - General
Retail store - Specialty
Service station
Veterinary clinic and animal hospital
Veterinary clinic and animal hospital - Small animal
Warehouse sale establishment
1 space per 45 m² of gross floor area
Alcohol sale
Cannabis sale
Amusement establishments - Indoor / Outdoor
1 space per 30 m² of gross floor area
Auctioneering establishments
Licenced drinking establishment
Restaurant
Theatre
1 space per 4 seats or 1 space per 20 m² of gross floor
area; whichever is greater
Bed and breakfast establishment
1 space per guest room
Casinos and gaming establishment
1 space per 2.5 seats
Car wash
1 space per 100 m² of gross floor area; minimum of 3
spaces
Other drive-through business
No additional spaces are required beyond what is
required for the principal use associated with the
drive-through
Fleet service
Greenhouse and plant nursery
Show home
Temporary use
As required by the Development Authority
Home occupation - Major
In addition to the parking required for the residential
use, 1 space unless the Development Authority
determines additional spaces are required
Home occupation - Minor
No additional spaces required, aside from that
required for the residential use
Hotel / Motel
1 space per guest room plus additional spaces in
accordance with this Table for any other use forming
part of the development
Bylaw 3/2018
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Live/Work unit
2 spaces for the residential use plus 1 space per 45
m² of gross floor area for the commercial use, unless
the Development Authority determines a differing
number of spaces are required, based on the nature
of the commercial use
Shopping centre with less than 1,000 m² of gross
floor area
1 space per 45 m² of gross floor area plus
1 space per 8 seats for any casino and gaming
establishment, licenced drinking establishment or
theatre located within a shopping centre
Shopping centre with 1,000 m² - 4,000 m² of gross
floor area
1 space per 30 m² of gross floor area plus
1 space per 8 seats for any casino and gaming
establishment, licenced drinking establishment or
theatre located within a shopping centre
Shopping centre with greater than 4,000 m² of gross
floor area
1 space per 25 m² of gross floor area plus
1 space per 8 seats for any casino and gaming
establishment, licenced drinking establishment or
theatre located within a shopping centre
INDUSTRIAL USES
MINIMUM NUMBER OF PARKING SPACES
Agricultural industry
Extensive agriculture
Industrial use - General
Industrial use - Medium
1 space per 100 m² of gross floor area, minimum of 3
spaces, unless the Development Authority
determines a differing number of spaces are required
based on the number of employees
Automotive body repair and paint shop
Contractor service - General
Farm implement dealership
Industrial vehicle and equipment sales/rentals
establishment
Small animal breeding and boarding establishment
Truck and recreational vehicle sales/rentals
establishment
1 space per 45 m² of gross floor area
Recycling depot
1 space per 100 m² of gross floor area; minimum of 3
spaces
Self-service storage facility
As required by the Development Authority
Surveillance suite
1 space
PUBLIC RELATED USES
MINIMUM NUMBER OF PARKING SPACES
Cemetery
10 spaces per hectare
Community centre
Community recreation service
Exhibition and convention facility
Private club
1 space per 5 seats or 1 space per 20 m² of gross floor
area; whichever is greater
Funeral service
1 space per 5 seats plus 1 space per funeral vehicle
Government service
Libraries and cultural exhibit
1 space per 45 m² of gross floor area
Public park
Public use
Public utility (no office or workshop)
Utility service - Major and Minor
As required by the Development Authority
Place of worship
1 space per 8 seats or 1 space per 45 m² of gross floor
area; whichever is greater
Bylaw 2/2014
Bylaw 2/2014
Bylaw 2/2014
Bylaw 19/2014
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Protective and emergency service
1 space per 30 m² of gross floor area
Public education facility
Administrative uses: 1 space per 45 m² of gross floor
area
Elementary or Junior High schools: 2 spaces per
classroom plus 1 space per 45 m² of gross floor area
used for administrative purposes
High Schools: 5 spaces per classroom or 1 space per
5 students based on school capacity; whichever is
greater, plus 1 space per 45 m² of gross floor area
used for administrative purposes
Recreational facility
1 space per 5 seats for areas with fixed seating; plus
1 space per 10 m² of gross floor area for uses without
fixed seating.
The Development Authority may require additional or
differing parking requirements based upon the
nature of the use and individual components of the
recreational facility
CARE RELATED FACILITIES
MINIMUM NUMBER OF PARKING SPACES
Boarding and lodging house
1 space per 2 sleeping units
Child care facility
4 spaces or 1 space per 2 employees; whichever is
greater
Child day home
1 space unless the Development Authority
determines additional spaces are required
Extended medical treatment facility
1 space per 100 m² of gross floor area or 1 space per
4 beds, whichever is greater
Group home
1 space unless the Development Authority
determines additional spaces are required
Group care facility
1 space per 120 m² of gross floor area
6.3.
ON-SITE LOADING REQUIREMENTS
1.0
Where a proposed development will, from time to time, require pick-up or delivery of
commodities, adequate space for loading and unloading shall be provided and maintained on
site.
2.0
A loading space shall be designed and located such that the vehicles using it can be parked and
maneuvered entirely within the limits of the site.
3.0
A loading space may not be located within a minimum required yard.
4.0
Loading spaces in any commercial district adjacent to a residential use or district shall be
screened in accordance with Section 3.4 - Fencing.
5.0
A loading space shall be a minimum of 8.0 m (26.2 ft.) in length, 4.0 m (13.1 ft.) in width, unless
alternative dimensions are more appropriate due to the scale and character of the
Bylaw 17/2015
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development at the discretion of the Development Authority and have overhead clearance of
not less than 4.3 m (14.1 ft.).
6.0
The minimum number of loading spaces shall be in accordance with Table 6.2 (where a
fractional number of loading spaces are required, the next highest number of spaces shall be
provided).
TABLE 6.2
TYPE OF USE
MINIMUM NUMBER OF LOADING SPACES
Commercial, industrial, or similar uses
1 space for a building of less than 1,000 m² of gross
floor area, plus
1 space for the next 1,000 m² of gross floor area, plus
1 space for each additional 2,000 m² of gross floor
area
Office, place of public assembly, institutional,
educational or similar uses
1 space for a building of less than 3,000 m² of gross
floor area, plus
1 space for each additional 3,000 m² of gross floor
area
Multi-unit dwelling developments with 20 or more
dwelling units
1 space per building, excluding accessory buildings
Any other building or use
As required by the Development Authority
6.4.
BICYCLE PARKING
Where any new development is proposed, including new development, change of use of existing
development, or substantial enlargement of existing development, an on-site bicycle parking station(s)
shall be provided and maintained by the property owner that:
1.0
Is constructed of theft-resistant material and is securely anchored to the ground or a fixed
structure,
2.0
Is designed such that it can support the bicycle frame and accommodate locking,
3.0
Is in a location that is convenient and safe for the users, and
4.0
Provides a minimum number of bicycle stalls in accordance with Table 6.3.
TABLE 6.3
TYPE OF USE
MINIMUM NUMBER OF BICYCLE STALLS
Educational uses
10% of the required on-site vehicular parking
Multi-unit dwellings with 20 or more dwelling units
and shopping centres
5% of the required on-site vehicular parking
Any other uses
As may be required by the Development Authority
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6.5.
BARRIER-FREE PARKING
1.0
Unless otherwise stated in the National Building Code - Alberta Edition, barrier-free parking
shall be provided in accordance with Table 6.4. Barrier-free parking spaces shall be a width of
2.4 m (7.9 ft.) adjacent to a 2.4 m (7.9 ft.) wide access aisle where the access aisle is
demarcated to indicate no parking and shall meet all the applicable requirements of the
National Building Code - Alberta Edition. Where there are two barrier-free parking spaces
together, the access aisle may be shared between the two spaces. Barrier-free spaces are
included as part of the on-site parking requirements and not in addition to the minimum
number of parking spaces.
TABLE 6.4
REQUIRED NUMBER OF PARKING SPACES
REQUIRED BARRIER-FREE PARKING SPACES
2-10
1
11-25
2
26-50
3
51-100
4
for each additional increment of 100
1 additional space
6.6.
DIFFERING PARKING REQUIREMENTS
1.0
In accordance with the provisions of Section 2.5.2.0, the parking requirements of Sections 6.2
through 6.4 may be varied if it can be shown to the satisfaction of the Development Authority
that the standard is not applicable to the development due to:
1.1
the relationship of the development to other parking areas;
1.2
differing hours of demand for parking; or
1.3
the scale and character of the development.
2.0
Notwithstanding the minimum on-site parking requirements of this Part, at the option of an
applicant a Parking Study, under the seal of a Professional Engineer, may be submitted with a
development permit application to justify a differing amount of parking. The Development
Authority may use such a study to ultimately determine the parking required for a development
and in such instances, approval of a development permit will be considered as a variance to the
parking that would otherwise be required and be subject to the requirements of Section 2.7 of
this Bylaw.
3.0
In the Primary Commercial (C-1) District, the following provisions shall apply:
3.1
in the case of major renovations and architectural modifications to an existing building,
no parking spaces in addition to those existing prior to undertaking the renovations or
modifications shall be required;
Bylaw 8/2013
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3.2
in the case of expansion to the floor area of an existing building, additional parking
spaces shall be required based on the size and use of the expansion only;
3.3
in the case of a change in the use of an existing building, no parking spaces in addition to
those existing prior to the change in use shall be required provided that no alteration to
the floor area of the building occurs; and
3.4
the Development Authority shall pay particular reference to Subsection 1.0 hereof.
4.0
At the discretion of the Development Authority, two or more uses may share parking spaces. A
maximum of 20% of the required parking may be combined or shared parking, provided:
4.1
The uses are located no greater than 100.0 m (328.1 ft.) apart;
4.2
There are differing hours of demand for parking for each of the uses that are to share
parking; and
4.3
If on separate parcels of land, an Agreement is entered into between the property
owners and registered on the subject Certificates of Title.
5.0
The Development Authority may authorise the use of off-site parking in place of on-site parking
for a commercial or industrial use provided:
5.1
There is a convenient walkway from the off-site parking to the development that is the
subject of the development permit application;
5.2
The owner of the development proposing to use an off-site parking area has control of
the site where the parking is proposed and has dedicated the site to parking for the
benefit of the development in question; and
5.3
An Agreement is entered into between the property owners and registered on the
subject Certificates of Title unless the off-site parking is publicly owned.
6.0
At the sole option of the Development Authority, an owner of land proposed for development
may pay money to the Municipality in lieu of providing parking spaces. The amount of money
required will be determined by resolution of Council and shall be based on the amount needed
to acquire land and construct the required number of parking spaces on land owned or
proposed to be purchased by the Municipality. Money so received by the Municipality will be
used only for the development of municipal, off-street parking facilities.
6.7.
PARKING STANDARDS
1.0
Design and Construction
1.1
All parking areas shall be clearly marked, entirely hard-surfaced, adequately lit with
lighting directed away from adjacent sites, adequately graded and drained to manage
storm water, and contain the necessary curb cuts.
Bylaw 17/2015
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1.2
Notwithstanding Subsection 1.1 hereof, where the access to or egress from a parking
area is from a graveled road or lane; or, where the development involves an accessory
building or the expansion of an existing building on a site where the existing parking
area is not hard-surfaced; the parking area may, at the discretion of the Development
Authority, be graveled to its satisfaction.
1.3
Drainage shall only be allowed to cross sidewalks if approved by the Development
Authority.
2.0
Landscaping: parking areas shall be landscaped where required by the Development Authority
in accordance with the provisions of Section 3.5.
3.0
Parking Space and Drive Aisle Dimensions (as depicted in Figure 6.1):
3.1
Parking spaces must be a minimum of 2.75 m (9.0 ft.) wide and 5.5 m (18.0 ft.) deep;
3.2
Parallel parking spaces must be a minimum of 2.6 m (8.5 ft.) wide and 7.0 m (23.0 ft.)
deep;
3.3
Parking spaces adjacent to walls, columns or curbing over 0.2 m (0.66 ft.) in height must
be a minimum of 2.9 m (9.5 ft.) wide;
3.4
Up to 20% of the required parking for a development may be designated for small car
parking. All small car parking spaces must be a minimum of 2.45 m (8.0 ft.) wide and 5.0
m (16.4 ft.) deep and designated with signs reading "small car parking only"; and
3.5
Drive aisles must be a minimum of 7.0 m (23.0 ft.) wide for 90° and 75° parking, 5.5 m
(18.0 ft.) wide for 60° parking, and 3.6 m (11.8 ft.) wide for 45° and parallel parking.
Drive aisles are for one-way traffic for 75°, 60°, 45°, and parallel parking.
PART SIX - PARKING, LOADING AND ACCESS PROVISIONS
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Figure 13 - Parking Area Standards
For illustrative purposes only (not drawn to scale)
4.0
Parking requirements for residential development:
4.1
In the case of road and lane systems, a parking area shall be provided to the rear or side
of the dwelling unit;
4.2
In the case of lane less systems, a parking area shall be provided to the front, rear, or
side of the dwelling unit;
4.3
If no garage is provided, the parking area shall be paved as per the Municipal Design
Standards;
4.4
Dwelling units with detached garages shall have a garage completed when the dwelling
unit is constructed, or a concrete parking pad on which a detached garage can be built
later
5.0
Parking spaces may be provided in tandem for single detached dwelling units, duplex dwelling
units, manufactured home units, and ground-oriented multiple unit dwellings where the group
of tandem parking spaces are dedicated to the same dwelling unit and the tandem parking
spaces are each a minimum of 6.0 m (19.7 ft.) deep.
6.0
Access
6.1
No direct access for vehicles will be allowed from an arterial road, as designated in the
Municipality's Municipal Development Plan, or any other road which, in the opinion of
PART SIX - PARKING, LOADING AND ACCESS PROVISIONS
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the Development Authority, is designed to accommodate major vehicular traffic flows,
to:
i.
any residential use, unless the access serves three (3) or more dwelling units;
ii. any site unless sufficient turning space is provided on the site such that vehicles
entering upon the site may turn before re-entering the road; or,
iii. any site where, in the opinion of the Development Authority, there would be an
excessive number of access points onto the road.
6.2
With regard to applicable District Regulations, only one access from a road may be
allowed per site, except for multiple-residential or non-residential uses, where
additional accesses may be allowed at the discretion of the Development Authority,
depending on the nature, size, configuration and/or traffic generation of the
development.
6.3
Provision of shared access between adjacent sites is encouraged, which shall be
obtained through a registered mutual access agreement between landowners running
with the land.
6.4
Where access to a site is from the front line or the side line in the case of corner sites,
the access shall be hard-surfaced.
6.5
No direct access shall be allowed from a road to a parking space in a parking area
containing more than three (3) spaces.
6.6
No direct access shall be allowed from a lane to a parking space in a parking area
containing more than three (3) spaces unless special circumstances are judged by the
Development Authority to warrant it. In such a case, the front of the parking space shall
be no less than 7.0 m (23.0 ft.) from the closest boundary of the lane.
6.7
Where a lane is located adjacent to a site used for residential purposes, access to the
site shall be from the lane.
6.8
All necessary curb cuts, location and spacing between accesses shall be designed and
constructed in accordance with the Municipal Design Standards.
6.9
All parking areas shall be designed to provide:
i.
adequate access to and egress from the parking area for the vehicles it is intended
to serve with adequate turning space and clearly defined aisles; and
ii. adequate access to and egress from each parking space at all times by means of
clearly defined manoeuvring aisles designed to the satisfaction of the Development
Authority.
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6.10
In the BMP District, each site shall have direct access to a road designed and constructed
to have regard for continuity of traffic flow, safety of vehicles, and avoidance of
dangerous intersections, all in the opinion of the Development Authority.
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7.
PART SEVEN - SIGN PROVISIONS
7.1.
PURPOSE
1.0
The purpose of this Part is to regulate the number, size, type, form, appearance and location of
signs in order to:
1.1
Accommodate adequate and flexible means of identification for commercial and
industrial enterprises and certain residential and institutional uses;
1.2
Balance the need for signs and expression with the requirement for the orderly and safe
flow of vehicular and pedestrian traffic; and
1.3
Enhance the aesthetics of the Municipality by preventing sign proliferation and
encouraging signs that complement, rather than detract from, the streetscape.
7.2.
APPLICABILITY
1.0
This Part shall apply to all signs that are posted, placed or installed on both private property
and/or public property, with the exception of highways.
2.0
The Town of Morinville Traffic Bylaw regulates signage that is posted, placed or installed within
any Highway as defined in said bylaw.
3.0
This Part does not apply to:
3.1
signs posted, placed or installed by the Municipality or signage installed under a
contractual arrangement with the Municipality;
3.2
any sign required to be displayed under the provisions of federal, provincial or municipal
legislation;
3.3
name or number signs for the purposes of identification of buildings or parcels of land;
3.4
signs associated with any drive-through business for the sole purpose of identifying
goods or services sold or offered on-site to a vehicle using the drive-through; or
3.5
window signs or any sign located within a building or structure not intended to be
displayed to the outside public.
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7.3.
DEFINITIONS RELATING TO SIGNS
In this Part:
1.0
"a-frame sign" means a temporary sign formed by two boards which are hinged at one end;
2.0
"awning sign" means a sign that is painted or affixed flat to the exterior surface of an awning;
3.0
"banner sign" means a temporary sign constructed from a non-rigid material that is attached to
a pole or other structure;
4.0
"billboard" means a third-party sign consisting of a large flat panel surface on a standard or
column permanently attached to the ground, and which is not connected in any way to a
building, designed to provide for outdoor advertising and, that is typically located adjacent to
high traffic areas or streets;
5.0
"business frontage" means:
5.1
any boundary line of a site or building which abuts a road, or
5.2
in the case of individual business or tenants within a building, any business which has
separate access to a road;
6.0
"canopy sign" means a sign which is part of or attached to a canopy;
7.0
"construction sign" means a temporary sign installed on a site incidental to construction taking
place on the site, intended to provide guidance or warning to persons, or to identify the
construction project and those parties having a role or interest in the construction;
8.0
"copy" means the message on a sign face;
9.0
"development marketing sign" means a temporary sign placed or installed for the purpose of
drawing attention to new home areas, vacant lots, or show homes;
10.0
"digital sign" means any sign that is remotely changed on or off site and incorporates a
technology or method allowing the sign to change copy without having to physically or
mechanically replace the sign face or its components but does not include an electronic
message sign;
11.0
"electronic message sign" means a sign or part of a sign that is comprised of a device which
displays text or scrolling text through electronically controlled changing lights;
12.0
"facade sign" means a sign attached, etched or painted on a building wall, running parallel to
the face of the building but does not include a projecting sign;
13.0
"freestanding sign" means a sign on a foundation permanently attached to the ground and
which is not connected in any way to a building;
14.0
"inflatable sign" means a temporary air-inflated sign of any sort which is tethered to the
ground or to a building;
15.0
"neighbourhood identification sign" means a sign that marks the entrance into a residential
subdivision or business park or identifying the name of a multi-unit dwelling, comprehensive
site planning development or manufactured home park;
Bylaw 2/2014
Bylaw 4/2019
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16.0
"on-site directional sign" means a sign that has a primary intention of directing vehicles or
pedestrians within a single site to destinations within that site.
17.0
"portable sign" means a temporary sign fixed to its own self-contained base and designed to be
readily relocated;
18.0
"projecting sign" means a sign which is attached to a building so that part of the sign projects
more than 0.3 m (1 ft.) from the face of the building;
19.0
"real estate sign" means a temporary sign erected or placed for the purpose of advertising
property for sale, lease or rent;
20.0
"roof sign" means a sign placed on or over a roof or on top of or above the parapet wall of a
building;
21.0
"sign" means a device , structure, or object installed, placed, or painted for the purpose of
conveying information;
22.0
"sign area" means the areas of a sign that are available for copy. The sign area of a multi-faced
sign is the area of one face;
23.0
"sign height" means the vertical distance measured at right angles from the highest point of
the sign or sign structure to the grade directly below;
24.0
"temporary sign" means a sign, not permanently installed or in a fixed position, placed for a
limited period of time;
25.0
"third-party sign" means a sign 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;
26.0
"under-canopy sign" means a sign which is attached to the bottom face of a canopy;
Bylaw 2/2014
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7.4.
INFORMATION REQUIREMENTS FOR A DEVELOPMENT PERMIT FOR A SIGN
1.0
No sign, unless otherwise provided for in this Part, shall be allowed unless it is accessory to an
existing use.
2.0
Unless otherwise provided for in this Bylaw, a development permit is required pursuant to
Section 2.1 of this Bylaw to install, relocate or structurally alter or enlarge any sign. In addition
to the signs listed under Section 7.2.3.0 the following types of signs do not require a
development permit that the sign complies with the applicable regulations of this bylaw:
i.
a-frame sign;
ii. awning sign;
iii. banner sign;
iv. canopy and under-canopy signs;
v. construction signs;
vi. development marketing signs;
vii. facade sign;
viii. projecting sign;
ix. real estate sign; and
x.
election sign;
xi. changing the copy of any sign with a valid development permit which the copy is
changeable;
xii. sign only showing civic address and in accordance with the Town Addressing
Guideline;
xiii. temporary sign that are installed as directed by the municipality;
xiv. garage sales sign provided the signs are removed at the end of the sale date; and
xv. signs of historical significance.
3.0
In addition to the requirements of Sections 2.4.1.0 and 2.4.3.0, and having regard to Section
2.4.6.0, a development permit application for a sign shall include the following information:
3.1
A site plan showing the property lines of the lot upon which the sign will be erected, as
well the placement of the sign in relation to the property lines, parking areas, buildings
or any existing sign as required by the bylaw;
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3.2
All dimensions, of the sign including sign area(s) and its content;
3.3
materials, finishes, colours, size of lettering and graphics;
3.4
method of illumination, if applicable;
3.5
mounting details or method of support, if applicable;
3.6
for freestanding signs, an elevation drawing depicting the height of the sign in relation
to the height of the principal building mounting height or clearance to grade; and
3.7
the amount of projection of the sign from a building, if any.
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7.5.
GENERAL SIGN REGULATIONS
1.0
A sign shall not be installed, operated, used or maintained if, in the opinion of the Development
Authority:
1.1
its position, size, shape, colour, format or illumination obstructs the view of, or may be
confused with a traffic control device or other official sign, or otherwise poses a
potential hazard to vehicular or pedestrian traffic,
1.2
it displays lights which may be mistaken for the flashing lights customarily associated
with danger or with those used by police, fire, or other emergency vehicles,
1.3
its illumination would cause excessive light pollution or light spillage onto adjacent sites,
or
1.4
it would be situated within a sight line protection area defined in Section 3.9.
2.0
The following are specifically prohibited:
2.1
digital signs as defined in this Part and any signs that employ video display, motion
picture, or an audible component;
2.2
third-party signs with the exception of billboards;
2.3
devices or signs that move or assume motion, including but not limited to flexible
automatons, unless otherwise specifically permitted in this Part;
2.4
signs that use chasing borders or movement of any kind unless otherwise specifically
permitted in this Part; and/or
2.5
any sign that has ribbons, pennants, streamers, balloons, flags, spinners, or similar
devices attached to it.
3.0
A sign shall be integrated with the development on which it is to be located and compatible
with the general architectural lines and forms of the nearby buildings or of adjoining
developments.
4.0
Where possible, signs shall not cover architectural details such as arches, sills, mouldings,
cornices and transom windows.
5.0
Wiring and conduits for electrified signs must be concealed from view.
6.0
No part of a sign or sign structure may encroach onto or over an adjacent site, road, or lane
unless a registered agreement between landowners running with the land is obtained.
7.0
Except as otherwise specified in this Bylaw, the maximum area of any sign shall be 18.0 m²
(193.8 sq. ft.).
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8.0
A maximum of five (5) signs may be allowed on a site, including temporary signs and portable
signs, but does not include facade signs, on-site directional signs, or signs less than 0.15 m² (1.6
sq. ft.) in area.
9.0
Signs will not be allowed on fences in Residential Districts or in Commercial Districts, with the
exception of a regulatory, warning or notice sign provided that it does not exceed 0.15 m² (1.6
sq. ft.) in area, unless the regulatory, warning or notice sign is temporary in nature for a public
announcement, notice, event, or other similar thing, then in such cases the maximum size shall
not exceed that provided for in Subsection 7.0 hereof.
10.0
Election signs are permitted uses in all districts and no development permits are required
provided that:
10.1
the signs are posted:
i.
with respect to municipal and school elections, only between 12:00 noon on
nomination day and 24 hours after the closing of polling stations; and
ii. with respect to provincial and federal elections, only between 12:00 noon on the
day when an election writ is handed down and 24 hours after the closing of polling
stations.
10.2
the signs may not be placed or installed where they would obstruct or impair vision or
traffic;
10.3
the signs do not exceed 5.0 m² (53.8 sq. ft.) in sign area and 2.5 m (8.2 ft.) in sign height;
10.4
the signs are not attached to fences, trees, or utility poles; and
10.5
the signs may not be posted on or within any municipally owned or occupied facility, or
on or within any site upon which a municipally owned facility is situated.
11.0
Notwithstanding the applicability provisions of this Part, any signs, plaques or similar structures
erected by the Municipality or an agency in conjunction with a property of historical
significance shall have regard for the visual harmony and compatibility of the proposed sign
with the architectural character and finish of the development and with the design, location
and appearance of other signs on the development.
12.0
An approved home occupation - major may display a sign, not larger than 0.4 m² (4.0 sq. ft.) on
the dwelling unit or accessory building. If located outside, the sign shall be placed flat against
the wall of the building. Alternatively, the sign may be displayed from the inside of a window of
the building.
13.0
In any district where a place of worship or a public education facility or another institutional use
is allowed, one (1) sign of not more than 5.0 m² (53.8 sq. ft.) in area shall be allowed to be
installed on the site occupied by the place of worship, public education facility, or other
institutional use.
Bylaw 2/2014
Bylaw 4/2019
Bylaw 4/2019
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14.0
Notwithstanding subsection 2.2 above, the Development Authority may allow third-party
signage that is within a development on separate parcels of land, if the primary intention of the
third-party signage is business identification, such as on a Corridor Commercial Freestanding
Pylon Sign, but shall not include any other advertising.
7.6.
SIGN REGULATIONS BY TYPE
1.0
A-frame Sign
1.0
An A-frame sign is a permitted use in any
commercial or industrial land use district
and no development permit is required,
provided it complies with the following
requirements:
1.1
The maximum area of each A-
frame sign face shall be 0.7 m²
(2.3 sq. ft.);
1.2
The maximum height of an A-
frame sign shall be 1.0 m (3.3 ft.);
1.3
No more than one (1) A-frame sign
shall be allowed per business frontage;
1.4
Where the back of an A-frame sign is visible, it shall be suitably finished to the
satisfaction of the Development Authority;
1.5
A-frame signs are not to be used in conjunction with projecting signs at grade level.
2.0
Awning, Canopy and Under-canopy
Sign
1.0
Awning, canopy and under-canopy signs
are a permitted use in all non-residential
land use districts and no development
permit is required provided that:
1.1
The sign provides a minimum
vertical clearance of 2.5 m (8.2 ft.)
between the bottom of the sign
and the ground below;
1.2
The sign does not exceed a vertical
dimension of 1.5 m (4.9 ft.);
1.3
The sign does not project over a road or lane; and
Figure 14 - A-Frame Sign
For illustrative purposes only (not drawn to scale)
Figure 15 - Awning, Canopy and Under-Canopy Signs
For illustrative purposes only (not drawn to scale)
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1.4
The sign is installed in such a manner that the structural support elements are designed
to appear as an integral part of the overall sign design and concealed such that no angle
iron bracing, guide wires or similar support elements are visible from a road or lane.
3.0
Banner Sign
1.0
A banner sign is a permitted use in all
non-residential land use districts and no
development permit is required provided
that:
1.1
If it is used to advertise a non-
profit or charity event it may be
displayed for a period of fourteen
(14) days; or
1.2
If it is used for other purposes, it
may be displayed for up to thirty
(30) days.
4.0
Billboard
1.0
Subject to the issuance of a development
permit, a billboard is a discretionary use .
2.0
A billboard shall:
2.1
Be self-supported or wall-
mounted;
2.2
Not exceed 30.0 m² (322.9 sq. ft.)
in sign area;
2.3
Not exceed 8.0 m (26.2 ft.) in sign
height;
2.4
Not be internally illuminated, though it may be lit from the front;
2.5
Not be located less than 30.5 m (100.0 ft.) from an intersection; and
2.6
Not be located within 300.0 m (984.3 ft.) from any other billboard or development
marketing sign facing the same direction.
Figure 16 - Banner Sign
For illustrative purposes only (not drawn to scale)
Figure 7.4 - Billboard
For illustrative purposes only (not drawn to scale)
Bylaw 2/2014
Bylaw 2/2014
Figure 17: Billboard Sign
For illustrative purpose only (not drawn to scale)
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5.0
Construction Sign
1.0
A construction sign is a permitted use in
all land use districts and no development
permit is required, provided that:
1.1
The sign does not exceed 5.0 m²
(53.8 sq. ft.) in sign area or 3.0 m
(9.8 ft.) in sign height;
1.2
There are no more than two (2)
construction signs on a site; and
1.3
The sign or signs are removed
within seven (7) days of
development completion or as
determined by the Development
Authority.
6.0
Development Marketing Sign
1.0
A development marketing sign is a
permitted use in all land use districts and
no development permit is required
within the subject subdivision only or on
the site that is being marketed, or a
discretionary use in the UR District on
any other site, provided that:
1.1
The sign is self-supported;
1.2
The sign, if it is located within the
subject subdivision or on the site
that is being marketed, shall not
exceed 3.0 m² (32.3 sq. ft.) in sign
area or 3.0 m (9.8 ft.) in sign
height;
1.3
The sign, if it is located on a site other than within the subject subdivision or on the site
that is being marketed, shall clearly provide direction to the subject area, to the
satisfaction of the Development Authority, and:
i.
not exceed 30.0 m² (322.9 sq. ft.) in sign area,
ii. not exceed 8.0 m (26.2 ft.) in sign height,
iii. not be located less than 30.5 m (100.0 ft.) from an intersection, and
Figure 18 - Construction Sign
For illustrative purposes only (not drawn to scale)
Figure 19 - Development Marketing Sign
For illustrative purposes only (not drawn to scale)
Bylaw 2/2014
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iv. not be located within 300.0 m (984.3 ft.) from any other development marketing
sign or billboard facing the same direction;
1.4
The sign is located only during the duration while the subject area is actively under
development; and
1.5
There are no more than two (2) development marketing signs per site.
7.0
Electronic Message Sign
1.0
Subject to the issuance of a development
permit, electronic message signs are a
discretionary use in any land use district
where freestanding signs are allowed
provided they are integrated into a
freestanding or wall sign and provided
the electronic message portion:
1.1
Is less than 1.0 m (3.3 ft.) in
height;
1.2
Does not exceed 25% of the sign
area;
1.3
Contains a default design that will
freeze the sign panel message in one position if a malfunction occurs;
1.4
Is equipped with a control system that automatically adjusts light emission level to
ambient light conditions so as to no cause glare or excessive brightness and in no case
shall the light level of any sign panel exceed 300 nits during daylight hours nor 5,000 nits
during nighttime hours;
1.5
Displays only text messages consisting of letters, numerals, or symbols, but no other
graphics or images shall be allowed except for a corporate logo;
1.6
The transition of sign copy between static or scrolling text messages shall be
instantaneous and each sign copy shall be displayed for a minimum period of six (6)
seconds; and
1.7
Particular attention is given to Section 7.5.1.0.
Figure 20 - Electronic Messaging Sign
For illustrative purposes only (not drawn to scale)
Bylaw 2/2014
Bylaw 4/2019
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8.0
Facade Sign
1.0
A facade sign is a permitted use in all
non-residential land use districts and no
development permit is required,
provided that:
1.1
The sign does not exceed 1.5 m
(4.9 ft.) in height, measured from
the bottom of the display area to
the top of the display area;
1.2
The sign does not exceed the
width of the building or unit that
the sign identifies; and
1.3
The sign does not project beyond
the roof or parapet wall of the building it is attached to.
9.0
Freestanding Sign
1.0
Subject to the issuance of a development
permit, a freestanding sign is a permitted
use in all non-residential land use
districts, subject to the following:
1.1
One (1) freestanding sign per
business frontage may be erected
on a site having a minimum
business frontage of 15.0 m (49.2
ft.) at road level;
1.2
Notwithstanding Subsection 1.1 hereof, a maximum of one (1) freestanding sign may be
allowed per site except:
i.
where a site has more than a
90.0 m (295.3 ft.) frontage, one (1) additional freestanding sign may be erected for
each additional 90.0 m (295.3 ft.) or portion thereof of frontage abutting the
developed portion of the said site; or
ii. where a site is considered by the Development Authority to be a double fronting
site, each frontage may have freestanding signs providing that the freestanding
signs are at least 90.0 m (295.3 ft.) apart;
1.3
The maximum height of a freestanding sign shall be 9.0 m (29.5 ft.) in C-3, C-4, and
Industrial Districts, and 8.0 m (26.2 ft.) in all other non-residential districts;
Figure 21 - Facade Sign
For illustrative purposes only (not drawn to scale)
Figure 22 - Freestanding Sign
For illustrative purposes only (not drawn to scale)
Bylaw 4/2019
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1.4
Where a freestanding sign and a projecting sign are located along the same frontage of a
site, a minimum distance of 10.0 m (107.6 ft.) shall be maintained between the signs;
1.5
Any support structure for a freestanding sign shall be set back a minimum of 0.3 m (1.0
ft.) from any site line and no part of the freestanding sign itself shall encroach onto or
overhang an adjacent site, road or lane; and
1.6
Any freestanding sign that integrates an electronic message component shall comply
with the requirements of Section 7.0
10.0
Inflatable Sign
1.0
Subject to the issuance of a development
permit, an inflatable sign is a permitted
use in all non-residential land use
districts, subject to the following:
1.1
A development permit issued for
an inflatable sign is valid for a
maximum of thirty (30) days and
following expiration of the permit,
the site shall remain clear of
inflatable signs for a minimum of
30 days;
1.2
A ground-mounted inflatable sign
shall not exceed 8.0 m (26.2 ft.) in height and shall be located a minimum of 1.5 m (4.9
ft.) from any boundary line;
1.3
A roof-mounted inflatable sign shall not exceed the maximum building height allowed in
the district;
1.4
An inflatable sign may not be illuminated; and
1.5
An inflatable sign must be located a minimum of 150.0 m (492.1 ft.) from any other
inflatable sign.
11.0
Neighbourhood Identification Sign
1.0
Subject to the issuance of a development permit, a
neighbourhood identification sign is a permitted
use in all land use districts, provided that:
1.1
The sign is self-supported;
1.2
The sign does not exceed 6.0 m² (64.6 sq.
ft.) in sign area;
Figure 23 - Inflatable Sign
For illustrative purposes only (not drawn to scale)
Figure 24 - Neighbourhood Identification Sign
For illustrative purposes only (not drawn to scale)
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1.3
The sign does not exceed 3.0 m (9.8 ft.) in sign height;
1.4
The sign is not internally illuminated, though it may be lit from the front;
1.5
Neighbourhood identification signs must predominantly identify the District Name
adopted by Council where applicable and appropriate; and
1.6
The sign may incorporate the logo of the subject developer.
12.0
Portable Sign
1.0
Subject to Section 7.5. and the issuance of
a development permit, a portable sign is a
permitted use in all non-residential
districts, subject to the following:
1.1
A development permit issued for a
portable sign is valid for a maximum
of 90 days;
1.2
Any support structure for a portable
sign shall be set back a minimum of
0.5 m (1.6 ft.) from any site line and
no part of a portable sign shall
encroach onto or overhang an
adjacent site, road or lane;
1.3
No more than one (1) portable sign shall be located on a site;
1.4
Notwithstanding Subsection 1.3 hereof, one (1) portable sign may be allowed for each
business in a multiple-occupancy development provided that no portable sign is located
within 30.0 m (98.4 ft.) of another portable sign;
1.5
All portable signs shall be double-faced;
1.6
No portable sign shall exceed a height of 2.5 m (8.2 ft.) above grade;
1.7
Portable signs shall not be located within 3.0 m (9.8 ft.) of a permanent self-supporting
sign on the same site;
1.8
Portable signs shall not be placed on a site so as to conflict with or take up space for
parking, loading, or walkways unless otherwise approved by the Development Authority;
1.9
Portable signs shall not be allowed on otherwise vacant sites unless advertising the sale
of the property on which the portable sign is located, or for a public announcement,
notice, event, or other similar thing;
1.10
No portable sign shall be allowed at any location where the intent is to have the
portable sign seen from Highway 2 or the direct access or egress from Highway 2; and
Figure 25 - Portable Sign
For illustrative purposes only (not drawn to scale)
Bylaw 2/2014
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1.11
No portable sign shall be attached, affixed or displayed on any parked vehicle or trailer
not normally used in the daily activity of the business and that is visible from a road so
as to act as a sign for the advertisement of products or to direct people to a business or
activity.
1.12
The Development Authority shall pay particular attention to Section 8.2.1.4.6.
13.0
Projecting Sign
1.0
A projecting sign is a permitted use in all
non-residential land use districts and no
development permit is required,
provided that:
1.1
The sign has a vertical clearance of
a minimum of 2.5 m (8.2 ft.) from
grade;
1.2
No more than one (1) projecting
sign of 0.5 m² (5.4 sq. ft.) in size
shall be allowed for each frontage
of a commercial or industrial use;
and
1.3
All projecting signs shall be erected in such a manner that the structural support
elements are designed to appear as an integral part of the overall sign design and
concealed such that no angle iron bracing, guy wires, or similar support elements are
visible from a road.
14.0
Real Estate Sign
1.0
A real estate sign is a permitted use in all
districts and no development permit is
required provided that:
1.1
The sign is self-supported or wall-
mounted;
1.2
The sign does not exceed 3.0 m
(9.8 ft.) in height unless otherwise
noted in Subsection 2.0 hereof;
1.3
The sign does not exceed 3.0 m²
(32.3 sq. ft.) in sign area;
1.4
The sign advertises only the site upon which the sign is located;
1.5
The sign is setback a minimum of 3.0 m (9.8 ft.) from any road right-of-way;
Figure 26 - Projecting Sign
For illustrative purposes only (not drawn to scale)
Figure 27 - Real Estate Sign
For illustrative purposes only (not drawn to scale)
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1.6
The number of signs on a site shall not exceed two (2); and
1.7
The sign is removed within one (1) day after the sale or rental agreement has been
entered into respecting the land.
2.0
In addition to the requirements of Subsection 1.0 hereof, real estate signs in Residential
Districts must:
2.1
Not be illuminated;
2.2
Not exceed 1.5 m² (16.1 sq. ft.) in sign area; and
2.3
One (1) sign is permitted per property, or two (2) on corner sites, although for multi-unit
dwelling unit developments, a single real estate sign may incorporate multiple panels,
provided that the sum total of each panel area does exceed 3.0 m² (32.3 sq. ft.).
15.0
Roof Sign
1.0
Subject to the issuance of a development
permit, a roof sign is a permitted use in
commercial and industrial land use districts,
subject to the following:
1.1
Roof signs must be manufactured
and erected in such a way that they
appear as an architectural feature
and they shall be finished in such a
manner that the visual appearance
from all sides makes them appear
to be part of the building itself;
1.2
No supporting structure for a roof sign shall be visible to the public unless finished in an
aesthetically pleasing manner to the satisfaction of the Development Authority; and
1.3
All roof signs shall be set back a minimum of 1.0 m (3.3 ft.) from the edge of the building
on which the roof sign is located.
16.0
On-site Directional Sign
1.0
Subject to the issuance of a development permit, on-site directional signage is a permitted use
in all non-residential land use districts, subject to the following:
1.1
Signage shall have a maximum height including any support structures of 1.5m;
1.2
Signage shall have a maximum area of 1.0m2;
Figure 28 - Roof Sign
For illustrative purposes only (not drawn to scale)
Bylaw 4/2019
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1.3
Signage shall be positioned in such a way to be entirely for the benefit of onsite
directions only and shall avoid visibility from adjacent sites or roadways to the
satisfaction of the development authority;
1.4
Notwithstanding the provisions of 1.3 above, entrance, exit or similar signage may be
allowed.
1.5
The Development Authority shall pay particular attention to Section 8.2.1.4.6.
7.7.
CARE AND MAINTENANCE OF SIGNS
1.0
All signs shall be maintained in good and safe structural condition and shall be periodically
refinished.
2.0
Where the Development Authority determines that a sign is abandoned or in an overall state of
disrepair it may, by notice in writing to the owner of the land on which the sign is located and, if
it is indicated on the sign, the owner or operator of the sign, require the owner of the land and
the owner or operator of the sign to:
2.1
remove the sign and all related structure components within what the Development
Authority deems to be a reasonable period of time, or
2.2
take such measures as he may specify in the notice to alter and/or refurbish and/or
repair the sign.
3.0
Failure to remove the sign or to comply with the measures specified in the notice described in
Subsection 2.0 hereof may result in the issuance of a violation ticket or a violation tag as
described in Section 1.5.
4.0
The notice described in Subsection 2.0 hereof may, at the sole discretion of the Development
Authority, be considered a Stop Order for the purposes of Section 1.5.
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8.
PART EIGHT - LAND USE DISTRICT PROVISIONS
8.1.
RESIDENTIAL DISTRICTS
1.0
For the purposes of this Bylaw, the following Districts shall be considered Residential Districts:
1.1
Single Detached Residential (R-1A) District
1.2
Single Detached Compact Residential (R-1B) District
1.3
Single Detached Estate Residential (R-1C) District
1.4
Innovative Design Residential (R-1D) District
1.5
Two-Unit Residential (R-2) District
1.6
Medium Density Residential (R-3) District
1.7
Medium/High Density Residential (R-4) District
1.8
Village Champlain Stage I Residential (R-VC1) District
1.9
Village Champlain Stage Residential (R-VC) District
1.10
Manufactured Home Park Residential (R-MHP) District
1.11
Residential Mixed Form (R-X) District
2.0
For the purposes of this Bylaw, the Direct Control - Site Specific (DC-3) District and the Direct Control -
Cœur de Morinville Residential (DC-C) District shall also be considered Residential Districts.
3.0
All relevant Sections of this Bylaw shall apply to all Residential Districts unless otherwise noted in this
Section 8.1.
Bylaw 8/2013
Bylaw 2/2020
Bylaw 2/2023
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8.1.1.
Single Detached Residential (R-1A) District
1.0
Purpose
The purpose of this District is to provide for residential development in the form of low density single
detached housing on a variety of lot sizes.
2.0
Permitted and Discretionary Uses
2.1. Permitted Uses
-
Home occupation - minor
-
Home office
-
Public park
-
Accessary dwelling unit
-
Single detached dwelling
Buildings and uses accessory to
permitted uses
2.2. Discretionary Uses
-
Bed and breakfast establishment
-
Child day home
-
Group home
-
Home occupation - major
-
Public utility (no office or workshop)
-
Show home
Buildings and uses accessory to discretionary
uses
3.0
Subdivision Regulations
Minimum site depth
33.5 m (110.0 ft.)
Minimum site width
Internal sites - 15.2 m (50.0 ft.)
Corner sites - 16.75 m (55.0 ft.)
Minimum required frontage
7.6 m (24.9 ft.)
Minimum site area
509.0 m² (5478.8 sq. ft.)
4.0
Development Regulations
Maximum site coverage
40%
Minimum required front yard setback
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no less than 6.1 m (20.0 ft.)
Minimum required side yard setback
20% of site width with at least 1.2 m (3.9 ft.) per
side; or
1.2 m (3.9 ft.) where a carport is attached; or
3.0 m (9.8 ft.) on one side yard where a site has
vehicular access from the front only and no
attached garage or carport is provided; or
As required per Section 3.8 for corner sites.
Minimum required rear yard setback
7.6 m (24.9 ft.)
Maximum building height
10.0 m (32.8 ft.) and 2-½ storeys
Minimum floor area
Single detached dwelling - 92.9 m² (1000 sq. ft.)
Bylaw 2/2014
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Other uses - at the discretion of the
Development Authority
8.1.2.
Single Detached Compact Residential (R-1B) District
1.0
Purpose
The purpose of this District is to provide for residential development in the form of single detached
housing on compact lot sizes, allowing for a slightly higher density than in the R-1A District.
2.0
Permitted and Discretionary Uses
2.1. Permitted Uses
-
Home occupation - minor
-
Home office
-
Public park
-
Accessory dwelling unit
-
Single detached dwelling
Buildings and uses accessory to
permitted uses
2.2. Discretionary Uses
-
Bed and breakfast establishment
-
Child day home
-
Group home
-
Home occupation - major
-
Public utility (no office or workshop)
-
Show home
Buildings and uses accessory to discretionary uses
3.0
Subdivision Regulations
Minimum site depth
30.5 m (100.0 ft.)
Minimum site width
Internal sites - 12.2 m (40.0 ft.)
Corner sites - 13.75 m (45.1 ft.)
Minimum required frontage
6.1 m (20.0 ft.)
Minimum site area
371.6 m² (4000.0 sq. ft.)
4.0
Development Regulations
Maximum site coverage
40%
Minimum required front yard setback
At the discretion of the Development Authority, having
regard for the amenities of the neighbourhood in which
the site is located; but no less than 6.0 m (19.7 ft.)
Minimum required side yard setback
20% of site width with at least 1.2 m (3.9 ft.) per side; or
1.2 m (3.9 ft.) where a carport is attached; or
3.0 m (9.8 ft.) on one side yard where a site has
vehicular access from the front only and no attached
garage or carport is provided; or
As required per Section 3.8 for corner sites.
Minimum required rear yard setback
7.6 m (24.9 ft.)
Maximum building height
10.0 m (32.8 ft.) and 2-½ storeys
Minimum floor area
Single detached dwelling - 83.5 m² (900.0 sq. ft.) and
32.5 m² (350.0 sq. ft.) per storey
Bylaw 2/2014
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Other uses - at the discretion of the Development
Authority
8.1.3.
Single Detached Estate Residential (R-1C) District
1.0
Purpose
The purpose of this District is to provide for residential development in the form of single detached
housing on large lots with full piped municipal water supply and sewage collection and disposal services.
2.0
Permitted and Discretionary Uses
2.1. Permitted Uses
-
Home occupation - minor
-
Home office
-
Public park
-
Accessory dwelling unit
-
Single detached dwelling
Buildings and uses accessory to
permitted uses
2.2. Discretionary Uses
-
Bed and breakfast establishment
-
Child day home
-
Group home
-
Home occupation - major
-
Public utility (no office or workshop)
-
Show home
Buildings and uses accessory to discretionary
uses
3.0
Subdivision Regulations
Minimum site depth
45.7 m (149.9 ft.)
Minimum site width
Internal sites - 18.3 m (60.0 ft.)
Corner sites - 19.8 m (65.0 ft.)
Minimum required frontage
12.2 m (40.0 ft.)
Minimum site area
1150.0 m² (12,378.5 sq. ft.)
4.0
Development Regulations
Maximum site coverage
40%
Minimum required front yard setback
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no less than 6.1 m (20.0 ft.)
Minimum required side yard setback
20% of site width with at least 1.2 m (3.9 ft.) per
side; or
1.2 m (3.9 ft.) where a carport is attached; or
3.0 m (9.8 ft.) on one side yard where a site has
vehicular access from the front only and no
attached garage or carport is provided; or
As required per Section 3.8 for corner sites.
Minimum required rear yard setback
7.6 m (24.9 ft.)
Bylaw 2/2014
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Maximum building height
10.0 m (32.8 ft.) and 2-½ storeys
Minimum floor area
Single detached dwelling - 92.9 m² (1000 sq. ft.)
Other uses - at the discretion of the
Development Authority
8.1.4.
Innovative Design Residential (R-1D) District
1.0
Purpose
The purpose of this District is to provide for residential development in the form of single detached,
street-oriented dwellings as zero lot line housing. This District shall be planned and developed as a
comprehensive unit in accordance with a predetermined site plan. The District provides detailed site
and design guidelines which are intended to result in an attractive and functional residential
environment.
2.0
Permitted and Discretionary Uses
2.1. Permitted Uses
-
Home occupation - minor
-
Home office
-
Public park
-
Single detached dwelling
Buildings and uses accessory to
permitted uses
2.2. Discretionary Uses
-
Bed and breakfast establishment
-
Child day home
-
Group home
-
Home occupation - major
-
Public utility (no office or workshop)
-
Show home
Buildings and uses accessory to discretionary
uses
3.0
Subdivision Regulations
Maximum density
22.5 dwelling units per gross ha (9.1 du/ac.)
Minimum site area
280.0 m² (3,014.0 sq. ft.)
Minimum site width
Internal sites - 10.0 m (32.8 ft.)
Corner sites - 11.2 m (36.7 ft.)
3.1.
Design Guidelines
As a condition of subdivision/development permit approval in this District, the developer shall
establish residential design guidelines to be followed so as to create an attractive and functional
residential environment and require that they be followed by subsequent landowners.
3.2.
Easement Requirements for the zero-lot line development:
Where, in accordance with the site plan provided as indicated in Subsection 2.4.1.0 hereof, any
yard is to be zero (0), a 2.5 m (8.0 ft.) wide access and maintenance easement shall be provided
on the lot abutting the subject yard for the maintenance of all buildings and for any overhang of
any buildings onto that adjacent lot. The Subdivision Authority shall require that the easement
be registered concurrent with registration of the Plan of Survey implementing the subdivision.
The easement shall be a caveat on the certificate of title of the affected lot in favour of the lot
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where one of the side yards is zero (0). The easement shall also include provision for a 0.6 m
(2.0 ft.) eave and footing encroachment.
3.3.
Site Grading Plan
As a condition of the approval of any subdivision in this District, grading and drainage on the
subdivision site and in adjacent areas must be completed in accordance with an overall site
grading plan which should be in compliance with the Municipal Design Standards.
4.0
Development Regulations
Maximum site coverage
45%; or
37% by principal building, excluding an attached
garage
Minimum required front yard setback
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no less than 6.0 m (19.7 ft.)
Minimum required side yard setback
on one side - 1.2 m (3.9 ft.) or 1.5 m (4.9 ft.) for
two storey dwellings, and
on the other side - 0.0 m (0.0 ft.); or
1.2 m (3.9 ft.) where a carport is attached; or
3.0 m (9.8 ft.) on one side yard where a site has
vehicular access from the front only and no
attached garage or carport is provided, and
notwithstanding any other provision of this
Bylaw to the contrary projections into this yard
shall not be allowed; or
As required per Section 3.8 for corner sites.
Minimum required rear yard setback
6.1 m (20.0 ft.)
Maximum building height
10.0 m (32.8 ft.) and 2-½ storeys
Minimum floor area
Single detached dwelling - 74.3 m² (800 sq. ft.)
Other uses - at the discretion of the
Development Authority
4.1.
Notwithstanding the minimum required yards in this District and the provisions for zero lot line
development in Subsection 4.2 hereof, the minimum required yard for a yard in this District
abutting a yard in another District shall be the same as for the subject yard in the abutting
District.
4.2.
Zero Lot Line Development
Notwithstanding the minimum required yards in this District, the following additional yard and
building setback requirements shall apply in this District:
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i.
Where a parking space is provided in a side yard adjacent to the zero side yard on an
abutting site, the minimum required side yard where the parking space is provided shall be
3.0 m (9.8 ft.).
ii.
No part of any building shall be erected within 5.0 m (16.4 ft.) of any road.
iii. No yard may be less than 1.2 m (3.9 ft.) unless the easement described in Subsection 3.2
hereof has been registered against the adjacent lot.
iv. Prior to the approval of any development permit within a zero-lot line development, the
grading and drainage plan described in Subsection 3.3 hereof must have been completed at
the time of subdivision stage.
v.
All buildings shall be located so that separation spaces are provided. The minimum
separation space required shall be the sum of the following distances established
separately:
a.
Living Room Windows - 8.0 m (26.2 ft.), except where the window faces a road,
walkway, parking space, or aisle in a parking area, in which case the separation
space may be reduced to 7.0 m (23.0 ft.).
b.
Habitable Room Windows - 3.0 m (9.8 ft.), except where windows are in walls of
more than 2 storeys, in which case a separation space of a minimum of 5.0 m (16.4
ft.) must be provided.
c.
Non-Habitable Room Windows - 1.5 m (4.9 ft.), plus 0.3 m (1.0 ft.) for each storey
above the first, except that no separation space shall be required where a window
faces a road, walkway, parking space, or aisle in a parking area.
d.
Exterior Doors - 1.5 m (4.9 ft.).
e.
Blank Walls (for all buildings) - 1.0 m (3.3 ft.), except that no separation space shall
be required where a wall faces a road, walkway, parking space, or aisle in a parking
area.
f.
Notwithstanding the definition of separation space provided in this Bylaw,
separation spaces shall be provided entirely on the lot on which the subject building
is located if the zero-lot line development has not been developed as a project.
4.3.
Design Guidelines
i.
Notwithstanding any other provision of this Bylaw to the contrary, the Development
Authority shall consider any residential design guidelines established by the developer prior
to making a decision on a development permit application.
ii.
The exterior design of dwelling units shall ensure individuality and variety within a unified
project, and this shall require consideration of setbacks, unit entrances and orientation,
massing, roof lines, finishing materials, and elevation treatment of wall openings.
4.4.
Amenity Area
A minimum private amenity area of 30.0 m² (322.9 sq. ft.) per dwelling unit, developed in
accordance with Section 3.11, shall be provided for active or passive recreation use.
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8.1.5.
Two-Unit Residential (R-2) District
1.0
Purpose
The purpose of this District is to provide for residential development in the form of side-by-side and
stacked duplex housing on a variety of lot sizes and densities.
2.0
Permitted and Discretionary Uses
2.1. Permitted Uses
-
Duplex - side-by-side
-
Duplex - stacked
-
Home occupation - minor
-
Home office
-
Public park
Buildings and uses accessory to
permitted uses
2.2. Discretionary Uses
-
Bed and breakfast establishment
-
Child day home
-
Group care facility
-
Group home
-
Home occupation - major
-
Public utility (no office or workshop)
-
Accessory dwelling unit
-
Show home
Buildings and uses accessory to discretionary
uses
3.0
Subdivision Regulations
Minimum site depth
33.5 m (110.0 ft.)
Minimum site width
Duplex - Stacked:
Internal sites - 8.54 m (28.0 ft.)
Corner sites - 10.34 m (34.0 ft.)
Duplex - Side-by-side (with lane):
Internal sites - 7.3 m (24.0 ft.)
Corner sites - 9.14 m (30.0 ft.)
Duplex - Side-by-side (lane less):
Internal sites - 7.62 m (25.0 ft.)
Corner sites - 9.14 m (30.0 ft.)
Minimum required frontage
6.1 m (20.0 ft.)
Minimum site area
Duplex - Stacked
286.1 m² (3,079.4 sq. ft.)
Duplex - Side-by-side
Internal sites - 244.5 m² (2,632.3 sq. ft.)
Corner sites - 306.2 m² (3,295.8 sq. ft.)
3.1.
Where a duplex dwelling is situated on one parcel of land and a subdivision is being considered
to subdivide the dwelling into two titles, the Subdivision Authority may require as a condition of
the approval of the subdivision that an easement be registered in the form of a caveat on the
certificates of titles of both of the new lots concurrent with registration of the instrument
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implementing the subdivision to provide for maintenance and repairs to the structure and/or
exterior of the building.
3.2.
For pie-shaped sites in lane less systems (where the rear line is greater than the front line), the
site width shall be measured at 9.0 m (29.5 ft.) from the front line.
4.0
Development Regulations
Maximum site coverage
With lane:
40% for principal building; and
20% for accessory buildings, which may be
increased to 26% only to accommodate a
covered parking space for accessory dwelling
unit.
Without lane:
45% for principal building; and
18% for accessory buildings,
Minimum required front yard setback
With lane - 3.6 m (11.8 ft.)
Without lane - 6.0 m (19.7 ft.)
Minimum required side yard setback
With lane - 1.2 m (3.9 ft.)
Without lane:
20% of site width with at least 1.2 m (3.9 ft.) per
side; or
1.2 m (3.9 ft.) where a carport is attached; or
3.0 m (9.8 ft.) on one side yard where a site has
vehicular access from the front only and no
attached garage or carport is provided;
Or as required per Section 3.8 for corner sites.
Minimum required rear yard setback
With lane - 13.7 m (44.9 ft.)
Without lane - 7.6 m (24.9 ft.)
Maximum building height
10.0 m (32.8 ft.) and 2-½ storeys
Amenity Area
16.0 m² (172.2 sq. ft.), with a width or length of
no less than 3.0 m (9.8 ft.) each, developed as
open space unencumbered by any accessory
buildings, projections, or future additions, or;
Where more than two (2) dwelling units are to be
provided on a comprehensive site planning
development site, amenity areas shall be
provided in accordance with Section 3.11
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4.1.
Notwithstanding Section 4.1.4.0, where a garage or any portion thereof is located within the
minimum required rear yard but attached to the principal dwelling unit by an open or enclosed
roofed structure, the entire garage shall be considered an accessory building, and not part of the
principal building, and all the regulations of accessory buildings shall apply.
4.2.
In addition to Section 3.6 - Architectural Standards, the following shall apply:
i.
All buildings shall have a roof pitch of at least 4:12.
ii.
Front attached garages shall not have a width exceeding two-thirds (2/3) of site width.
iii. Dwellings with detached garages shall have a garage completed when the principal building
is constructed, or a concrete parking pad on which a detached garage can be built later.
iv. All detached garages shall, and other accessory buildings should, be compatible with the
principal building in terms of style, exterior materials, and colour.
v.
All dwelling units with front attached garages are to have a:
a.
second storey, or
b.
roof feature built over the attached garage.
vi. Corner sites shall have flanking side treatments similar to the front elevation.
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8.1.6.
Medium Density Residential (R-3) District
1.0
Purpose
The purpose of this District is to provide for residential development, predominantly in the form of
medium density, ground oriented, multiple dwelling developments with the possibility of low densities
for apartments.
2.0
Permitted and Discretionary Uses
2.1. Permitted Uses
-
Duplex - side-by-side *
-
Duplex - stacked *
-
Ground-oriented multiple unit
dwelling
-
Home office
-
Public park
Buildings and uses accessory to
permitted uses
2.2. Discretionary Uses
-
Apartment
-
Boarding and lodging house
-
Group care facility
-
Group home
-
Home occupation - major & minor
-
Public utility (no office or workshop)
-
Show home
-
Supportive housing
Buildings and uses accessory to discretionary
uses
In this Section 8.1.5, "*" means: where part of a comprehensive site planning development in
combination with ground-oriented multiple unit dwellings of a similar and compatible style.
3.0
Subdivision Regulations
Minimum site area
760.0 m² (8,180.6 sq. ft.)
4.0
Development Regulations
Maximum site coverage
40%
Maximum density
54.0 dwelling units per hectare (21.9 du/ac.)
Minimum required front yard setback
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no less than 7.6 m (24.9 ft.); or
3.0 m (9.8 ft.) where no front attached garages or
parking spaces in the front yard are provided.
Minimum required side yard setback
2.3 m (7.6 ft.); or
As required per Section 3.8 for corner sites.
Minimum required rear yard setback
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no less than 7.6 m (24.9 ft.)
Maximum building height
14.0 m (46.0 ft.) or 4 storeys, whichever is lesser
Bylaw 2/2014
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Minimum floor area, per dwelling unit
Ground-oriented multiple unit dwellings - 51.1
m² (550.0 sq. ft.)
Apartments and Supportive housing - 41.8 m²
(450.0 sq. ft.)
Other uses - at the discretion of the
Development Authority
Minimum landscaping
35% of site area
Amenity Areas
Where more than two (2) dwelling units are to be
provided, amenity areas shall be provided in
accordance with Section 3.11
5.0
Additional Regulations
5.1.
For the lands legally described as Lots 4 through 9 inclusive, Block B, Plan 112 3609, located
south of 101 Avenue between 101 and 102 Street:
i.
The Development Authority shall, in reviewing an application for a development permit, pay
particular attention to Section 3.6 - Architectural Standards; specifically the provisions of
Section 8.4.3.5.8 shall also apply for the purposes of this Subsection to the lands noted
herein.
5.2.
deleted
Bylaw 15/2014
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8.1.7.
Medium/High Density Residential (R-4) District
1.0
Purpose
The primary purpose of this District is to provide for residential development in the form of high-density
dwelling developments, with the possibility of incorporating minor, mixed-use convenience types of
retailing to serve the occupants of the development and the immediate neighbourhood.
2.0
Permitted and Discretionary Uses
2.1. Permitted Uses
-
Apartment
-
Home office
-
Public park
-
Supportive housing
Buildings and uses accessory to
permitted uses
2.2. Discretionary Uses
-
Boarding and lodging house
-
Ground-oriented multiple unit dwelling
-
Group care facility
-
Group home
-
Home occupation - Major & Minor
-
Public utility (no office or workshop)
-
Retail store - Convenience
-
Show home
Buildings and uses accessory to discretionary
uses
3.0
Subdivision Regulations
Minimum site area
815.0 m² (8,772.6 sq. ft.)
4.0
Development Regulations
Maximum site coverage
40%
Maximum density
125 dwelling units per hectare (50.6 du/ac.),
except that where a convenience retail store is
developed within an apartment or another
residential development, the maximum number
of dwelling units on a site shall be reduced by
one (1) for each convenience retail store
Maximum floor area ratio
1.2
Maximum building height
18.0 m (59.0 ft.) or 5 storeys, whichever is lesser
Minimum required front yard setback
1 and 2 storey buildings - 7.6 m (24.9 ft.)
3 storey buildings - 9.1 m (30.0 ft.)
4 or more storey buildings - 10.67 m (35.0 ft.)
Minimum required side yard setback
One-half (½) building height or 4.5 m (14.8 ft.),
whichever is greater; or
As required per Section 3.8 for corner sites.
Minimum required rear yard setback
7.6 m (24.9 ft.)
Minimum floor area, per dwelling unit
Dwelling unit - 37.2 m² (400.0 sq. ft.)
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Other uses - at the discretion of the
Development Authority
Minimum landscaping
35% of site area
Amenity Areas
Where more than two (2) dwelling units are to be
provided, amenity areas shall be provided in
accordance with Section 3.11
4.1.
Notwithstanding the above, the minimum required yard may be reduced at the sole discretion
of the Development Authority, who shall have regard for the amenities of the neighbourhood in
which the site is located, the type and scale of the development proposed, the dimensions of
the site, and the District and/or type of development on adjacent sites.
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8.1.8.
Village Champlain Stage I Residential (R-VC1) District
1.0
Purpose
This land use district establishes a limited area within the Champagne District Area Structure Plan,
specifically Plan 082 0819, to provide for an innovative, design-controlled mixture of smaller home
options. This land use district provides for, regulates and is tied directly to a specific plan of subdivision
as shown in Appendix "A", attached to and forming part of this District, a range of housing types, styles
and elevations as generally outlined in Appendices "B1" through "B3", attached to and forming part of
this District, as well as an overall design standard for the area to which this District is being assigned.
It is also intended to ensure that land use and development occurs in accordance with any applicable
provisions prescribed in any statutory plan in effect or to be put in effect to specifically guide the
implementation/administration of this land use district. This land use district is also to ensure that the
processing of subsequent subdivision and development permit applications can be carried out with
efficiency and clarity.
2.0
Permitted and Discretionary Uses
2.1. Permitted Uses
i.
On Block 1, Lots 1-35 and Block 3, Lots 1-4, a single detached dwelling with front attached
garage (see Appendix "A" and Appendix "B1")
ii.
On Block 1, Lots 37-64, a single detached dwelling without front attached garage and with
or without a detached garage in the rear of the property accessible via lane only (see
Appendix "A" and Appendix "B2")
iii.
On Block 1, Lot 36, a single detached dwelling as described in either Subsection i or ii hereof
(see Appendix "A" and Appendices "B1" or "B2")
iv.
On Block 1, Lots 65-67 and 68-70, a single unit of a horizontally attached triplex dwelling
with a garage at the rear of the property accessible via lane only (see Appendix "A" and
Appendix "B3")
v.
On Block 1, Lots 71-74, 75-78, 79-82, 83-86, 87-90, 91-94, and 95-98, and Block 2, Lots 1-4,
5-8, 9-12, 13-16, and 17-20, a single unit of a horizontally attached fourplex dwelling with a
garage at the rear of the property accessible via lane only (see Appendix "A" and Appendix
"B3")
-
Home occupation - minor
-
Home office
Buildings and uses accessory to permitted uses
2.2. Discretionary Uses
-
Bed and breakfast establishment
-
Child day home
-
Group home
-
Home occupation - major
-
Public utility (no office or workshop)
-
Show home
Buildings and uses accessory to discretionary uses
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3.0
Subdivision and Development Regulations
The following shall apply:
3.1.
to the lots described in Subsection 2.1.i hereof:
Minimum site width
10.67 m (35.0 ft.) for interior sites; or
12.2 m (40.0 ft.) for corner sites
Minimum site depth
35.0 m (114.8 ft.). This may be varied for sites on
curves or cul-de-sacs.
Minimum required front yard setback
6.1 m (20.0 ft.) for interior sites with the second
storey features referred to in Subsection 4.1.iv
hereof permitted to encroach 1.1 m (3.6 ft.) into
the required front yard.
Minimum required side yard setback
1.5 m (4.9 ft.) for interior sites; or
1.2 m (3.9 ft.) in the case of the southerly lot line
of Block 1, Lot 1 and the northerly lot line of
Block 3, Lot 1; or
3.66 m (12.0 ft.) for the flanking side yard in the
case of Block 1, Lot 1 and Block 3, Lot 1, with a
porch permitted to project up to 1.5 m (4.9 ft.)
into the required flanking side yard.
Minimum required rear yard setback
7.6 m (24.9 ft.)
i.
All principal buildings are to have a front attached garage, including those located on Block
1, Lot 1 and Block 3, Lot 1. In the case of Block 1, Lot 1 and Block 3, Lot 1, there is to be no
vehicle access to the flanking side yard.
3.2.
to the lots described in Subsection 2.1.ii hereof:
Minimum site width
9.15 m (30.0 ft.) for interior sites; or
11.0 m (26.0 ft.) for corner sites
Minimum site depth
37.0 m (121.4 ft.). This may be varied for sites on
curves or cul-de-sacs.
Minimum required front yard setback
5.0 m (16.4 ft.) for interior sites
Minimum required side yard setback
1.2 m (3.9 ft.); or
3.05 m (10.0 ft.) for the flanking side yard in the
case of Block 1, Lots 47 and 48.
Minimum required rear yard setback
15.0 m (49.2 ft.). This may be varied for lots on
curves or cul-de-sacs.
i.
In all cases, detached garages must be located in the rear yard of the property and accessed
only via the lane. In the case of interior sites the face of the overhead door must be
oriented toward the lane and may be either between 1.0 m (3.3 ft.) and 1.1 m (3.6 ft.) or
between 6.0 m (19.7 ft.) and 6.1 m (20.0 ft.) from the rear line. In the case of cul-du-sac
sites, the detached garage may be sited such that the overhead door is perpendicular to the
rear lane provided there is sufficient site width at the rear of the property to accommodate
a curved driveway apron.
ii.
The minimum required side yard setback for a detached garage shall be 1.0 m (3.3 ft.).
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iii. In the case of Block 1, Lots 47 and 48, there is to be no vehicle access to the flanking side
yard.
3.3.
to the lots described in Subsection 2.1.iii hereof:
i.
the minimum provisions stipulated in either Subsection 3.1 or 3.2 hereof shall apply,
depending on whether the principal building to be sited has a front attached garage or a
detached garage at the rear utilising the lane.
3.4.
to the lots described in Subsections 2.1.iv and 2.1.v hereof:
Minimum site width
6.1 m (20.0 ft.) for interior lots; or
7.6 m (25.0 ft.) for exterior lots
Minimum site depth
37.0 m (121.4 ft.). This may be varied for sites on
curves or cul-de-sacs.
Minimum required front yard setback
5.0 m (16.4 ft.)
Minimum required side yard setback
0.0 m (0.0 ft.); or
1.2 m (3.9 ft.) for exterior lots; or
3.6 m (12.0 ft.) for the flanking side yard.
Minimum required rear yard setback
15.25 m (50.0 ft.). This may be varied for lots on
curves or cul-de-sacs.
i.
For Block 1, Lots 78, 79, and 98, and Block 2, Lots 1 and 20, a porch, deck or patio may
project up to 1.5 m (4.96 ft.) into the minimum required flanking side yard.
ii.
In all cases, garages must be located in the rear of the property and accessed only via the
lane. The face of the overhead door must be oriented toward the lane and may be either
between 1.0 m (3.3 ft.) to 1.2 m (3.9 ft.) or otherwise, greater than 6.0 m (19.7 ft.) from the
rear line.
iii. The minimum side yard setback for a garage located on an exterior site shall be 1.0 m (3.9
ft.).
iv. In the case of Block 1, Lots 78, 79, and 98, and Block 2, Lots 1 and 20, there is to be no
vehicle access to the flanking side yard.
v.
In the case of Block 1, Lots 97 and 98, and Block 2, Lots 19 and 20, the rear yard setback
may be varied for garages.
3.5.
Maximum site coverage shall be 48%, with the garage maximum site coverage of 17% and the
principal building maximum site coverage of 31%; with the exception of:
i.
Block 1, Lots 65 and 66, and Block 2, Lots 18 and 19 shall have a maximum site coverage of
50%, with the garage maximum site coverage of 19.5% and the principal building maximum
site coverage of 30.5%; and
ii.
All single detached dwellings with attached garages shall have maximum site coverage of
40%.
3.6.
Maximum building height, notwithstanding any other provision of this Bylaw to the contrary:
i.
principal building - 12.6 m (41.3 ft.)
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ii.
accessory buildings - 5.0 m (16.4 ft.)
3.7.
Minimum floor area - 84.0 m² (904.2 sq. ft.).
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3.8.
Fencing, Screening and Landscaping
i.
All sites shall be screened or fenced to the satisfaction of the Development Authority.
ii.
A general landscaping/screening plan for this District acceptable to the Municipality shall be
submitted prior to endorsement of any subdivision.
4.0
Dwelling and Neighbourhood Design Standards
4.1.
Architectural/design standards for the development within this District shall be registered
against each lot and are a responsibility of the Developer. The following standards shall be
enforced by the Municipality at the time of Development Permit application:
i.
In the case of the triplexes and fourplexes, each dwelling is to have its own two-car garage
built at the back of the property accessing the lane designed and with the same exterior
finish as the principal building. The two-car garage may be built in such a manner that the
garage may be one building but split into two garage units by a party wall;
ii.
All triplexes and fourplexes are to have a roof pitch of at least 10:12;
iii. All single detached dwellings are to have a roof pitch of at least 6:12;
iv. Dwellings on interior lots with attached garages are to have at least one second storey
feature (balcony, cantilever, dormer, bay window, etc.) which extends beyond the face of
the overhead garage door;
v.
Dwellings with detached garages are to either have a garage completed when the home is
built or a concrete pad poured on which a detached garage can be built later;
vi. All detached garages shall be compatible with the principal building in terms of style,
exterior materials and colour. Roof pitch shall be a minimum of 6:12 and no greater than
the roof pitch of the principal building on the site;
vii. All other accessory buildings should be compatible with the principal building and detached
garage in terms of style, exterior materials, colour and roof pitch;
viii. Cantilever projections into side yards shall be a maximum of 0.6 m (2.0 ft.) in depth, and,
with the exception of eaves, gutters and sills, a maximum of 3.1 m (10.2 ft.) in length; and
ix. Uncovered steps are permitted in side yards to the boundary lines.
4.2.
Neighbourhood design standards for the Village Champlain District shall be incorporated into
the development agreement with the Municipality guided by/addressing (in no particular
order):
i.
black iron fencing is to be provided on each corner lot,
ii.
black iron lampposts are to be used for street lighting,
iii. signage is to be consistent with the Municipality's emphasis on historical context, and
iv. Municipal Reserve areas are to be landscaped.
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APPENDIX "A" (attached to and forming part of this Bylaw)
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8.1.9.
Village Champlain Residential (R-VC) District
1.0
Purpose
The purpose of this district is to provide for an innovative, design-controlled mixture of smaller
single detached dwellings, duplex side-by-side dwellings and ground-oriented multiple unit
dwellings options. The intended housing types, styles, and architectural aesthetics are generally
outlined in illustrations within Appendix "A1", "A2", and "A3", which form part of this District,
and inform the area's general building and design standards.
2.0
Permitted and Discretionary Uses
2.1. Permitted Uses
-
Single detached dwelling
-
Duplex - side-by-side
-
Ground-oriented multiple unit dwelling
-
Home occupation - minor
-
Home office
-
Public parks
-
Accessory dwelling unit
Buildings and uses accessory to permitted uses
2.2. Discretionary Uses
-
Bed and breakfast establishment
-
Child day home
-
Group home
-
Home occupation - major
-
Public utility (no office or workshop)
-
Show home
Buildings and uses accessory to discretionary uses
3.0
Subdivision Regulations
Minimum site width
Single detached dwelling
7.9m (25.9 ft.) for interior sites; or
9.75m (32.0 ft.) for corner sites.
Duplex-side-by-side unit
7.4 m (24.3 ft.) for interior sites; or
9.2 m (30.2 ft.) for corner sites.
Ground-oriented multiple unit dwelling
5.5 m (18.1 ft.) for internal sites; or
6.7 m (22.0 ft.) for exterior sites; or
8.55 m (28.1 ft.) for corner sites.
Pie-shaped sites shall be measured 9.0 m
(29.5 ft.) from the front line, and
reverse pie-shaped sites shall be
measured 7.5 m (24.6 ft.) from the
rear line.
Bylaw 4/2014
Bylaw 20/2015
Bylaw 2/2017
Bylaw 12/2023
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Minimum site depth
Single detached dwelling and duplex-side-
by-side unit - 34.0 m (111.6 ft.).
Ground-oriented multiple unit dwelling -
36.0 m (118.1 ft.).
This depth may be varied on a curve or cul-
de-sac.
4.0
Development Regulations
Maximum site coverage
55% including principal and accessory buildings,
notwithstanding Section 4.1.6.2.
Minimum required front yard setback
4.5 m (14.8 ft.) with no front garage; or
6.0 m (19.7 ft.) with a front garage.
Minimum required side yard setback
1.2 m (3.9 ft.) for interior sites; or
3.05 m (10.0 ft.) for corner sites.
Duplex-side-by-side and Ground oriented
multiple unit dwelling may be 0.0 m along a
shared building wall.
Minimum required rear yard setback
Dwelling units with front attached garage
6.0 m (19.7 ft.) for internal sites; or
4.5 m (14.8 ft.) for corner sites.
Other dwelling unit types - 13.7 m (45.0 ft.).
Maximum building height
Single detached dwelling unit - 10.0 m (32.8 ft.).
Duplex-side-by-side unit with front attached
garage - 10.0 m (32.8 ft.).
Duplex-side-by-side unit with rear detached
garage - 12.6 m (41.3 ft.).
Ground-oriented multiple unit dwelling - 12.6 m
(41.3 ft.).
Accessory buildings - 5.0 m (16.41 ft.).
Minimum floor area
Single detached dwelling and Duplex-side-by-side
unit - 84.0 m² (904.2 sq. ft.).
Bylaw 2/2017
Bylaw 2/2017
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Ground-oriented multiple unit dwelling - 51.1 m²
(550.0 sq. ft.).
4.1.
Garages and Projections
i.
A porch, deck or patio may project up to 1.5 m (4.9 ft.) into the minimum required flanking
side yard;
ii.
Duplex-side-by-side dwelling units shall have a front attached garage with the vehicle access
doors oriented toward the front line except where access from a lane is provided.
iii. Detached garage vehicle access doors shall be oriented facing parallel to and accessed only
via the lane and be setback from the rear line between 1.0 m (3.3 ft.) and 1.5 m (4.9 ft.), or
otherwise greater than 6.0 m (19.7 ft.). In the case of corner lots, no garage shall have
vehicle access from the flanking side yard. However, a detached garage may be a minimum
1.0 m (43.3 ft.) from a rear line where the vehicle doors are not parallel to a lane if sufficient
site width exists to accommodate a driveway satisfactory to the Development Authority. In
the case of lots with the side yard abutting a lane, the rear yard setback for garages shall be
at the discretion of the Development Authority.
iv. Detached garages shall have a minimum 1.0 m (3.3 ft.) side yard, except for:
a.
Ground-oriented multiple unit dwelling with garage access from the lane, which may
be one building split into multiple garages utilizing a shared wall or walls provided not
more than three garages are attached as one building; and
b.
Duplex-side-by-side dwelling sites with garage access from the lane, which may be
one building provided for two units utilizing a shared wall.
v.
Cantilever projections into side yards shall be a maximum of 0.6 m (2.0 ft.) in depth, and,
with the exception of eaves, gutters and sills, a maximum of 3.1 m (10.2 ft.) in length.
vi. Uncovered steps are permitted in the side yards up to the side lot line.
vii. A single detached dwelling may project a maximum of 1.5 m (4.9 ft.) into a minimum
required rear yard, and such a projection shall not exceed 3.05 m (10.0 ft.) in width.
viii. Where a site is accessed from a lane any garage shall be detached from the principal,
excluding pedways.
4.2.
Accessory dwelling units
i.
Accessory dwelling unit shall be in accordance with Section 4.2, except as modified by
the following:
a.
For sites accommodating an additional covered parking space for an accessory
dwelling unit, outdoor amenity areas shall be provided in the rear yard of an area of
16.0 m² (172.2 sq. ft.), with a width or length of no less than 3.0 m (9.8 ft.) each and
be developed as open space unencumbered by any accessory buildings, projections,
or future additions.
4.3.
Zero Lot Line Development
Bylaw 20/2015
Bylaw 2/2017
Bylaw 2/2017
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Notwithstanding minimum required side yard and minimum site width regulations, a zero-side
yard is permitted where vehicular access for a single detached dwelling is from a lane, with the
following regulations:
i.
Minimum site width is 7.6 m for internal lot;
ii.
Minimum site width is 9.15 m for corner lot;
iii. Minimum 1.5 m setback where the other side yard is 0m
iv. Minimum 3.0 m setback for the flanking side yard where the other side yard is 0m;
v.
Notwithstanding 4.1(v), cantilever projections shall not be permitted in the side yard
easement;
vi. Notwithstanding 4.1(vi), uncovered steps shall not be permitted in the side yard easement;
vii. A private maintenance easement of a minimum 1.5 m wide shall be registered on the land
titles at the time of subdivision adjacent to the zero-lot line to the satisfaction of
Administration that provides for:
a.
0.3m eave encroachment with the requirement that the eaves must not be closer
than 0.9 m to the eaves on the adjacent building;
b.
0.6m footing encroachment;
c.
A drainage swale, constructed as per the Municipal Design Standards;
d.
Permission to access the easement area for the maintenance of both properties; and
e.
Restrictions on building and development
viii. All utilities and lot grading shall be to the satisfaction of the Development Authority; and
ix. For all zero-lot line development, any accessory building must meet the same minimum side
yard and regulations as applicable to the principal building.
5.0
Dwelling and Neighbourhood Design Standards
5.1.
Architectural/design standards for the development within this District are a responsibility of
the Developer. The following standards shall be enforced by the Municipality at the time of
Development Permit application:
i.
All principal buildings shall incorporate exterior Craftsman and/or Heritage design elements,
and be generally informed and guided by the examples in Appendix "A1", "A2", or "A3";
ii.
All principal buildings shall have a roof pitch of at least 5:12;
iii. Dwelling units with detached garages shall have a garage completed when the home is
built, or a concrete parking pad on which a detached garage can be built later;
iv. All accessory buildings including detached garages shall be compatible with the principal
building in terms of style, exterior materials, colour and roof pitch. Garage roof pitch shall
be a minimum of 4:12 and compatible with the principal building on the site;
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v.
All accessory buildings should be compatible with the principal building and detached
garage in terms of style, exterior materials, colour and roof pitch;
vi. Duplex-side-by-side duplex dwellings with front attached garages shall have design features
(panel designs, window inserts, decorative hardware, etc.) incorporated into the overhead
garage door, and
vii. All principal buildings with rear detached garages shall be compatible with one another in
terms of style, exterior materials, colours, roof line, and pitch to maintain a consistent
streetscape style and theme.
6.0
Additional Subdivision Regulations
6.1.
Black iron lampposts are to be used for street lighting;
6.2.
Signage to be consistent with the Municipality's emphasis on historical context; and
6.3.
Fencing in a front yard, and/or in a flanking side yard to a line perpendicular with the principal
building front corner, shall be black metal fencing or satisfactory to the Development Authority.
Appendix "A1" Duplex - side-by-side with front attached garage*
Bylaw 2/2017
Bylaw 2/2017
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Duplex - side-by-side with rear detached garage*
Bylaw 2/2017
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Appendix "A2" - Single Detached Dwelling*
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Appendix "A3" - Ground-Oriented Multiple Unit Dwelling*
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8.1.10.
Manufactured Home Park Residential (R-MHP) District
1.0
Purpose
The purpose of this District is to provide for residential development in the form of manufactured home
parks, with the possibility of incorporating some minor, convenience types of retailing to serve the
occupants of the development and the immediate neighbourhood.
2.0
Permitted and Discretionary Uses
2.1. Permitted Uses
-
Home office
-
Manufactured home park
-
Manufactured home unit (in
manufactured home parks which
have an approved development
permit)
-
Public park
Buildings and uses accessory to
permitted uses
2.2. Discretionary Uses
-
Child day home
-
Group home
-
Home occupation - Major & Minor
-
Public utility (no office or workshop)
-
Retail store - Convenience
-
Show home
Buildings and uses accessory to discretionary
uses
3.0
Subdivision Regulations
Minimum site area
0.4 ha (1.0 ac.)
4.0
Development Regulations
4.1.
For manufactured home parks:
Maximum density
20 dwelling units per hectare (8.1 du/ac.)
Minimum required front yard setback
7.6 m (24.9 ft.)
Minimum required side and rear yards
setback
4.5 m (14.8 ft.); or
As required per Section 3.8 for corner sites and
double-fronting sites.
Amenity Areas
Where more than two (2) dwelling units are to be
provided in a manufactured home park,
amenity areas shall be provided in
accordance with Section 3.11
i.
A storage area shall be established for the storage of any furniture, domestic equipment, or
seasonally used equipment which is not stored inside manufactured home units. This area
shall be set aside and screened to the satisfaction of the Development Authority in
accordance with Section 3.4.
ii.
All roadways within a manufactured home park shall be built and maintained to the
satisfaction of the Development Authority and in accordance with the Municipal Design
Standards. Minimum right-of-way width shall be 9.0 m (29.5 ft.).
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iii. A safe, convenient, all season pedestrian walkway of at least 1.8 m (5.9 ft.) in width shall be
provided for access between individual manufactured home units, the park roadways, and
all community facilities provided for park residents.
iv. The design of manufactured home parks shall be to the satisfaction of the Development
Authority.
v.
All utilities shall be provided underground to manufactured home units to the satisfaction
of the Development Authority and in accordance with the Municipal Design Standards.
vi. No part of the manufactured home park shall be used for non-residential purposes except
such uses as are required for a convenience retail store and for the management and
maintenance of the manufactured home park.
vii. Each stall shall be clearly marked off by means of stakes, countersunk steel posts, fences,
curbs or hedges.
viii. Street lighting shall be to the same standard as that in a conventional residential
neighbourhood.
ix. Signage shall be in accordance with Part 7 - Sign Provisions.
x.
Notwithstanding subsections ii. and v. herein, roadway and Municipal Design Standards
may, at the discretion of the Development Authority, be relaxed within a privately owned
manufactured home park provided that:
a. adequate emergency vehicle access, legal road access, and utilities are provided and
maintained to the satisfaction of the Development Authority, and
b. the developer and its heirs and assign or the registered landowner assumes all
responsibility for the construction, maintenance, repair and replacement of all such
roads and utilities within the manufactured home park.
xi. At the discretion of the Development Authority, manufactured home stalls within a
Manufactured Home Park may not be considered sites or lots.
4.2.
For manufactured home stalls:
Maximum stall coverage
40%
Minimum stall area
370.0 m² (3,982.6 sq. ft.)
Maximum building height
5.5 m (18.0 ft.) or 1 storey, whichever is lesser
Minimum required front yard setback
3.1 m (10.0 ft.)
Minimum required side yard setback
1.2 m (3.9 ft.); or
0.0 m (0.0 ft.) for an interior side yard if the
following conditions are met:
1. The owner or tenant of the adjacent stall
grants a 3.0 m (9.8 ft.) private maintenance
access easement, including a 0.6 m (2.0 ft.)
eave and footing encroachment easement,
along the affected side of the stall.
2. All roof drainage from the manufactured
home unit shall be contained to the stall and
Bylaw 17/2016
Bylaw 17/2016
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diverted to the manufactured home park's
storm drainage system by eaves troughs or
downspouts or other suitable means.
Surface drainage to the adjacent stall will
not be allowed.
3. The development is designed in a
comprehensive manner and is comprised of
a minimum of twelve (12) stalls.
4. The zero-lot line side shall not be located on
a side line adjacent to an internal roadway
or a road.
Minimum required rear yard setback
3.0 m (9.8 ft.)
Minimum floor area
Manufactured home unit - 55.5 m² (597.4 sq. ft.)
Other uses - at the discretion of the
Development Authority
Minimum distance between
manufactured home units
4.5 m (14.8 ft.)
i.
All accessory structures, such as patios, decks, porches, balconies, additions and skirtings,
shall be:
a.
factory-prefabricated units or the equivalent thereof, and so designed and installed as
to harmonise with the manufactured home units,
b.
considered as part of the main building, and
c.
installed only after obtaining a development permit.
ii.
A manufactured home unit shall be skirted from the floor level to the ground level. The
skirting shall match the external finish of the manufactured home unit.
iii. Notwithstanding any other provision of this Bylaw to the contrary, no features except for
patios may project into any required minimum yard.
iv. No accessory building or use, other than parking spaces, shall be located in the front yard of
a manufactured home stall.
v.
The hitch and wheels are to be removed from the manufactured home unit.
vi. All manufactured home units shall be placed on a foundation in accordance with the Safety
Codes Act. The manufactured home unit is to be attached by means of bolting or otherwise
to the foundation.
4.3.
For non-residential uses, including convenience retail stores and for the management and
maintenance of the manufactured home park:
i.
Maximum site area and site coverage, and minimum required front, side and rear yards
shall be at the discretion of the Development Authority.
ii.
Maximum building height:
a.
Convenience retail stores and offices for the management of the manufactured home
park - 6.1 m (20.0 ft.)
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b.
Buildings for the maintenance of the manufactured home park - 9.1 m (30.0 ft.) or 2
storeys, whichever is lesser.
c.
All other uses - at the discretion of the Development Authority.
iii. The siting, architectural appearance, and landscaping of the site of non-residential
developments in the manufactured home park shall be to the satisfaction of the
Development Authority in order that they complement adjacent developments and afford
adequate protection to the amenities of adjacent residential uses.
iv. In the case of convenience retail stores, the Development Authority may use the regulations
of Section 8.2.5.4.0 as a guide.
v.
For the purposes of Part 7 - Sign Provisions, the part of the manufactured home park used
for a convenience retail store shall be considered to be in a non-residential land use district.
vi. All premanufactured buildings shall comply with manufactured home unit provisions of
subsections 4.2.i. to vi. herein, as may be applicable.
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8.1.11.
Residential Mixed Form (R-X) District
1.0
Purpose
The purpose of this District is to provide for a residential development in the form of low-density small
lots or mixed housing serviced by rear lane or lane less transportation systems.
2.0
Permitted and Discretionary Uses
2.1. Permitted Uses
-
Duplex - side by side
-
Duplex - stacked
-
Ground-orientated multiple unit
dwelling
-
Home occupation - minor
-
Home office
-
Public park
-
Accessory dwelling unit
-
Single detached dwelling
Buildings and uses accessory to
permitted uses
2.2. Discretionary Uses
-
Bed and breakfast establishment
-
Child day home
-
Group home
-
Home occupation - major
-
Public utility (no office or workshop)
-
Show home
Buildings and uses accessory to
discretionary uses
3.0
Subdivision Regulations
Minimum site depth
30.0m
Minimum density
In areas without an Area Structure Plan a
minimum of 30 dwelling units per net
residential ha.
3.1.
For pie-shaped sites in lane less systems (where the rear line is greater than the front line), the
site width shall be measured at 9.0 m from the front line.
4.0
Development Regulations
Maximum site coverage
With Detached Garage:
55% for principal building; and
15% for accessory buildings
As long as the total site coverage does not
exceed 65%
With Attached Garage:
65%
Minimum required front yard setback
3.0 m;
6.0 m to vehicle doors of a garage that faces a road
Minimum required side yard setback
1.2 m;
0.0 m - along a shared building wall;
6.0 m to vehicle doors of a garage that faces a road;
3.0 m on one side yard where a site has vehicular
access from the front only and no attached garage or
carport is provided;
and as required per Section 3.8 for corner sites.
Minimum required corner line setback
3.0 m
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Minimum required rear yard setback
6.0 m
Maximum building height
11.0 m and 2-½ storeys
Minimum private outdoor amenity area
Notwithstanding Section 3.11;
16.0 m² area, with a width or length of no less than
3.0 m each, developed as open space
unencumbered by any accessory buildings,
projections, or future additions
Minimum Residential density
1 dwelling unit per lot
Maximum Residential density
4 dwelling units per lot
4.1.
Notwithstanding Section 4.1.4.0, where a garage or any portion thereof is located within the
minimum required rear yard but attached to the principal building by an open or enclosed
roofed structure, the entire garage shall be considered an accessory building, and not part of the
principal building, and all the regulations of accessory buildings shall apply.
4.2.
Notwithstanding minimum required side yard regulations, a zero-side yard is permitted for
single detached dwelling units with the following:
i.
Minimum 1.5 m setback where the other side yard is 0m.
ii.
A private maintenance easement shall be registered on titles adjacent to the zero-lot line
that provides:
a.
0.30 m eave encroachment where no eave shall be closer than 0.90 m to the eave
of the adjacent building;
b.
0.60 m footing encroachment,
c.
Sufficient access for maintenance of both properties.
d.
Restrictions on buildings and development except for fencing and landscaping.
iii.
All utilities and lot grading shall be to the satisfaction of the Development Authority
4.3.
In addition to Section 3.6 - Architectural Standards the following regulations shall apply:
i.
All principal buildings shall have a residential form and character regardless of use.
ii.
Principal buildings with detached garages shall have a garage completed when the
principal building is constructed, or a concrete parking pad on which a detached garage
can be built later.
iii. All detached garages shall, and other accessory buildings should, be compatible with the
principal building in terms of style, exterior materials, and colour.
iv. Principle buildings along corner sites shall have flanking side treatments similar to the
front elevation.
v.
Enclosed projections into the side yard shall not exceed 3.1 m (10.2 ft.) in length.
4.4.
In addition to Section 6.7 - Parking Standards, the following shall apply:
i.
Garages and driveways shall be grouped to maximize on-street parking wherever feasible.
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ii.
Driveways shall be no wider than the garage.
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8.2.
COMMERCIAL DISTRICTS
1.0
For the purposes of this Bylaw, the following Districts shall be considered Commercial Districts:
1.1.
Primary Commercial (C-1) District
1.2.
General Commercial (C-2) District
1.3.
Corridor Commercial (C-3) District
1.4.
Highway Commercial (C-4) District
1.5.
Neighbourhood Commercial (C-5) District
2.0
For the purposes of the Bylaw, the Site-Specific Direct Control Mixed Commercial/Residential (DC-4-1)
District shall also be considered a Commercial District.
3.0
For the purposes of the Bylaw, the Site Specific Non-Vehicular-Oriented General Commercial (DC-4-2)
District shall also be considered a Commercial District.
4.0
All relevant Sections of this Bylaw shall apply to all Commercial Districts unless otherwise noted in this
Section 8.2.
Bylaw 17/2012
Bylaw 13/2016
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8.2.1.
Primary Commercial (C-1) District
1.0
Purpose
The purpose of this District is to provide all residents of the community and trading area with access to a
wide variety of retail and service establishments, predominantly with active street-level commercial
uses in continuous storefront pedestrian-oriented developments in the downtown.
2.0
Permitted and Discretionary Uses
For a use to be considered a permitted or discretionary use in the C-1 District, it must conform with all
of Subsection 4.0. The Development Authority shall pay particular attention to Section 2.2.Error!
Reference source not found..
2.1. Permitted Uses
-
Art studio
-
Business support service
establishment
-
Financial service
-
Government service
-
Health service
-
Home office
-
Library and cultural exhibit
-
Live/Work unit
-
Mixed-use development
-
Office use
-
Personal service shop
-
Public park
-
Restaurant
-
Retail store - Convenience
-
Retail store - General
-
Retail store - Specialty
Buildings and uses accessory to
permitted uses
2.2. Discretionary Uses
-
Alcohol sale
-
Amusement establishment
-
Bed and breakfast establishment
-
Boarding and lodging house
-
Cannabis sale
-
Child care facility
-
Commercial school
-
Contractor service - Limited
-
Rental establishment
-
Exhibition and convention facility
-
Funeral service
-
Home occupation - Minor
-
Hotel / Motel
-
Household repair service
-
Licenced drinking establishment
-
Off-street parking lot
-
Private club
-
Public use
-
Public utility (no office or workshop)
-
Recreational facility
-
Shopping centre
-
Temporary use
-
Theatre
Buildings and uses accessory to
discretionary uses
3.0
Subdivision Regulations
3.1.
Minimum site area and dimensions shall be at the discretion of the Subdivision Authority or
Development Authority, as the case may be, who, in making their determination, shall consider
internal traffic circulation, off-street parking and loading, landscaping, on-site storage, adjacent
land uses and the required building setbacks.
Bylaw 8/2013
Bylaw 3/2018
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4.0
Development Regulations
Maximum floor area ratio
2.0
Required front yard (including the entire
storefront) setback
For buildings fronting an arterial road as
designated in the Municipality's Municipal
Development Plan - Between 0.0 m (0.0 ft.)
and 3.0 m (9.8 ft.) for at least 80% of the site
width. The proportion of site width may be
less only to accommodate vehicle access in
cases where the only means of access is from
the fronting road. A front yard greater than
3.0 m or larger recessed areas within the
storefront may be allowed if, in the opinion of
the Development Authority, pedestrian-
oriented amenities are maintained, and the
design of the building façade enhances and
maintains the continuity of the streetscape
and adjacent developments; or
For all other buildings - Minimum 0.0 m (0.0 ft.).
Required side yard setback
For buildings in existence prior to adoption of this
Bylaw - Minimum 0.0 m (0.0 ft.);
For all other buildings - Between 0.0 m (0.0 ft.)
and 1.8 m (5.9 ft.) on either side, provided the
design of the building façade enhances and
maintains the continuity of the streetscape
and adjacent developments; or
If the site abuts a Residential District - Minimum
one-half (½) of the building height of the
exterior wall facing the Residential District.
This also applies to stepping back upper
storeys from the exterior wall.
Minimum required rear yard setback
0.0 m (0.0 ft.); or
If the site abuts a Residential District - one-half
(½) of the building height of the exterior wall
facing the Residential District. This also
applies to stepping back upper storeys from
the exterior wall;
Except as required to provide loading, parking,
garbage and/or recycling facilities.
Minimum building height
For buildings in existence prior to adoption of this
Bylaw or not abutting an arterial road as
designated in the Municipality's Municipal
Development Plan - 1 storey; or
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For all other buildings - 7.54 m (24.75 ft.) and 2
storeys, along the entire storefront.
Maximum building height
15.85 m (52.0 ft.) or four storeys, whichever is
lesser.
4.1.
Application Requirements
In addition to Section 2.4, an application for a development permit must also be accompanied
by diagrams illustrating how the proposed development will be integrated with existing adjacent
developments by showing length of yards, building heights, elevations, colours, and building
materials, among other related matters, all to the satisfaction of the Development Authority.
4.2.
Site and Architectural Appearance
Without limiting the applicability of any other provision of this Bylaw, the Development
Authority shall, in reviewing an application for a development permit, pay particular attention to
Section 3.6 - Architectural Standards; specifically that any proposed development shall be in
conformity with the Municipal Development Plan, Cœur de Morinville Area Structure Plan, and
any other plan or document approved by Council relating to site and architectural appearance.
4.3.
Parking
In addition to Part 6 - Parking, Loading and Access Provisions:
i.
Other than sites with buildings in existence prior to adoption of this Bylaw, there shall be no
surface parking areas located in front or flanking side yards.
ii.
Where a parking area or an off-street parking lot faces a PS District, POS District, or public
road, the parking area must be screened to the satisfaction of the Development Authority.
Such screening may include fences, hedges, and/or other landscaping.
iii. Parkades shall dedicate the part of the first storey facing an arterial road to uses other than
parking.
4.4.
Landscaping and Screening
Figure 8.1 - Required Yards
For illustrative purposes only (not drawn to scale)
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i.
When a commercial use is proposed adjacent to a Residential District, a landscaped buffer
shall be provided on the site of the commercial use between the commercial use and the
Residential District in accordance with Section 3.5.
ii.
All rooftop mechanical, heating, ventilation, and air conditioning units, elevator housing,
and other similar equipment shall be screened from street level or be incorporated within
the building design.
iii. All utility boxes shall be placed in inconspicuous locations or be screened from adjacent
sites and roads to the satisfaction of the Development Authority. Such screening may
include fences, hedges, and/or other landscaping.
4.5.
Lighting
All outdoor lighting fixtures shall be of a design and style that complement building design and
are consistent with the purpose of the C-1 District, providing safety, security, and visual interest.
4.6.
Signs
i.
In addition to Part 7 - Sign Provisions, all signs in the C-1 District shall be consistent with the
purpose of this District, complementary to the streetscape, and pedestrian-oriented.
ii.
Notwithstanding Part 7 - Sign Provisions, Portable signs shall not be allowed in the C-1
District.
4.7.
Outdoor Storage
No outdoor storage shall be allowed in the C-1 District, even as an accessory use to a permitted
or a discretionary use which is allowed.
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8.2.2.
General Commercial (C-2) District
1.0
Purpose
The purpose of this District is to allow for a full range of retail and service establishments to serve
residents of the community and the trading area, expanding the list of uses allowed in the Primary
Commercial (C-1) District.
2.0
Permitted and Discretionary Uses
2.1. Permitted Uses
-
Art studio
-
Business support service
establishment
-
Contractor service - Limited
-
Financial service
-
Government service
-
Health service
-
Home office
-
Household repair service
-
Library and cultural exhibit
-
Office use
-
Personal service shop
-
Pet store and grooming
-
Public park
-
Restaurant
-
Retail store - Convenience
-
Retail store - General
-
Retail store - Specialty
Buildings and uses accessory to
permitted uses
2.2. Discretionary Uses
-
Alcohol sale
-
Amusement establishment - Indoor
-
Automotive sales/rental establishment
-
Automotive and equipment repair shop
-
Automotive body repair and paint shop
(only on S½ of Lot 1, Block 1, Plan RN8C
(VIIIC))
-
Cannabis sale
-
Car wash
-
Child care facility
-
Commercial school
-
Drive-through business
-
Rental establishment
-
Exhibition and convention facility
-
Fleet service
-
Funeral service
-
Gas bar
-
Home occupation - Minor
-
Hotel / Motel
-
Licenced drinking establishment
-
Live/Work unit
-
Mixed-use development
-
Off-street parking lot
-
Private club
-
Public use
-
Public utility (no office or workshop)
-
Recreational facility
-
Recycling depot
-
Self-service storage facility
-
Service station
-
Shopping centre
-
Temporary use
-
Theatre
-
Veterinary clinic and animal hospital -
Small animal
-
Warehouse sales establishment
Buildings and uses accessory to discretionary
uses
Bylaw 3/2018
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3.0
Subdivision Regulations
3.1.
Minimum site area and dimensions shall be at the discretion of the Subdivision Authority or
Development Authority, as the case may be, who, in making their determination, shall consider
internal traffic circulation, off-street parking and loading, landscaping, on-site storage, adjacent
land uses and the required building setbacks.
4.0
Development Regulations
Maximum floor area ratio
1.0
Minimum required front, side and rear yards
setback
At the discretion of the Development Authority
Maximum building height
14.63 m (48.0 ft.) or three storeys, whichever is
greater.
4.1.
Site and Architectural Appearance
The siting and architectural appearance of all developments and the landscaping of the site shall
be to the satisfaction of the Development Authority in order that there shall be general
conformity in such matters with adjacent developments and that there may be adequate
protection afforded to the amenities of any adjacent residential uses.
4.2.
Landscaping
When a commercial use is proposed adjacent to a Residential District, a landscaped buffer shall
be provided on the site of the commercial use between the commercial use and the Residential
District in accordance with Section 3.5.
4.3.
Outdoor Storage
No outdoor storage shall be allowed in the C-2 District, even as an accessory use to a permitted
or a discretionary use which is allowed.
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8.2.3.
Corridor Commercial (C-3) District
1.0
Purpose
The purpose of this District is to take full advantage of the accessibility and exposure afforded by a
major arterial roadway and provides an area adjacent thereto, in an appropriate and strategic location,
for the sale of a wide variety of goods and services intended to serve the community and the trading
area.
2.0
Permitted and Discretionary Uses
2.1. Permitted Uses
-
Amusement establishment -
Indoor
-
Art studio
-
Automotive sales/rental
establishment
-
Business support service
establishment
-
Car wash
-
Commercial school
-
Contractor service - Limited
-
Drive-through business
-
Rental establishment
-
Financial service
-
Gas bar
-
Government service
-
Health service
-
Home office
-
Household repair service
-
Office use
-
Off-street parking lot
-
Personal service shop
-
Pet store and grooming
-
Public park
-
Public utility (no office or
workshop)
-
Recreational facility
-
Restaurant
-
Retail store - Convenience
-
Retail store - General
-
Retail store - Specialty
-
Service station
-
Shopping centre
-
Theatre
Buildings and uses accessory to
permitted uses
2.2. Discretionary Uses
-
Alcohol sale
-
Automotive and equipment repair shop
-
Cannabis sale
-
Casinos and gaming establishment
-
Child care facility
-
Exhibition and convention facility
-
Farm implement dealership
-
Fleet service
-
Funeral service
-
Home occupation - minor
-
Hotel / Motel
-
Licenced drinking establishment
-
Mixed-use development
-
Private club
-
Public use
-
Recycling depot
-
Self-service storage facility
-
Temporary use
-
Veterinary clinic and animal hospital -
Small animal
-
Warehouse sales establishment
Buildings and uses accessory to discretionary
uses
3.0
Subdivision Regulations
Bylaw 3/2018
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3.1.
Minimum site area and dimensions shall be at the discretion of the Subdivision Authority or
Development Authority, as the case may be, who, in making their determination, shall consider
internal traffic circulation, off-street parking and loading, landscaping, on-site storage, adjacent
land uses and the required building setbacks.
4.0
Development Regulations
Maximum floor area ratio
1.0
Minimum required front yard setback
6.0 m (19.7 ft.)
Minimum required side yard setback
3.3 m (10.8 ft.) adjacent to a non-residential
District; or
7.0 m (23.0 ft.) adjacent to a Residential District.
Minimum required rear yard setback
0.0 m (0.0 ft.); unless it is adjacent to a
Residential District, in which case it shall be
7.0 m (23.0 ft.).
Maximum building height
14.63 m (48.0 ft.) or the maximum of an abutting
District, whichever is lesser.
4.1.
Site and Architectural Appearance
The siting and architectural appearance of all developments and the landscaping of the site shall
be to the satisfaction of the Development Authority in order that there shall be general
conformity in such matters with adjacent developments and that there may be adequate
protection afforded to the amenities of any adjacent residential uses.
4.2.
Landscaping
When a commercial use is proposed adjacent to a Residential District, a landscaped buffer shall
be provided on the site of the commercial use between the commercial use and the Residential
District in accordance with Section 3.5.
4.3.
Outdoor Storage
No outdoor storage shall be allowed in the C-3 District, even as an accessory use to a permitted
or a discretionary use which is allowed.
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8.2.4.
Highway Commercial (C-4) District
1.0
Purpose
The purpose of this District is to provide a variety of goods and services, predominantly those which are
travel-oriented, to the community and the surrounding region.
2.0
Permitted and Discretionary Uses
2.1. Permitted Uses
-
Automotive sales/rental
establishment
-
Car wash
-
Drive-through business
-
Gas bar
-
Hotel / Motel
-
Public park
-
Restaurant
-
Retail store - Convenience
-
Truck and recreational vehicle
sales/rentals establishment
Buildings and uses accessory to
permitted uses
2.2. Discretionary Uses
-
Automotive and equipment repair shop
-
Casinos and gaming establishment
-
Farm implement dealership
-
Licenced drinking establishment
-
Public use
-
Recreational facility
-
Surveillance suite
-
Temporary use
-
Warehouse sales establishment
Buildings and uses accessory to discretionary
uses
3.0
Subdivision Regulations
3.1.
Minimum site area shall be sufficient, in the opinion of the Subdivision Authority, to allow for
the clustering of a variety of uses in a compact area.
4.0
Development Regulations
Maximum site coverage
50%
Maximum floor area ratio
1.0
Minimum required front yard setback
7.6 m (24.9 ft.)
Minimum required side yard setback
10% of site width or 4.5 m (14.8 ft.), whichever is
less.
Minimum required rear yard setback
7.6 m (24.9 ft.) adjacent to a Residential District;
or
6.1 m (20.0 ft.) at the level of the first storey of
the development. Upper storeys of a
development may extend to the rear line
except in a site abutting a Residential
District.
Minimum yards from a highway
15.2 m (50 ft.) notwithstanding any minimum
yard requirements hereof.
Maximum building height
14.63 m (48.0 ft.)
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8.2.5.
Neighbourhood Commercial (C-5) District
1.0
Purpose
The purpose of this District is to establish areas for the clustering of local convenience retail and
personal service businesses intended to provide a limited range of goods and services to residents of the
immediate neighbourhood on a day-to-day basis.
2.0
Permitted and Discretionary Uses
2.1. Permitted Uses
-
Personal service shop
-
Public park
-
Restaurant
-
Retail store - Convenience
Buildings and uses accessory to
permitted uses
2.2. Discretionary Uses
-
Child care facility
-
Gas bar
-
Licenced drinking establishment
-
Public use
Buildings and uses accessory to discretionary
uses
3.0
Subdivision Regulations
Minimum site area
0.4 ha (1.0 ac.)
Maximum site area
0.81 ha (2.0 ac.)
4.0
Development Regulations
Maximum site coverage
50%
Maximum floor area ratio
1.0
Minimum required front yard setback
7.6 m (24.9 ft.)
Minimum required side yard setback
10% of site width or 4.5 m (14.8 ft.), whichever is
less; or
As required per Section 3.8 for corner sites.
Minimum required rear yard setback
7.6 m (24.9 ft.) adjacent to a Residential District;
or
6.1 m (20.0 ft.) at the level of the first storey of
the development. Upper storeys of a
development may extend to the rear line
except in a site abutting a Residential
District.
Maximum building height
10.6 m (35.0 ft.) or 2 ½ storeys, whichever is
lesser.
4.1.
Impact on Adjacent Properties
When, in the sole opinion of the Development Authority, a proposed development may create
negative impacts such as noise, vibration, light or odours which may be noticeable on adjacent
residential properties, the Development Authority may require conditions specifying the
mitigative measures to be applied to a development. Such measures may include, but are not
limited to, landscaping, berming, screening, structural soundproofing, and directional lighting.
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4.2.
Landscaping
When a commercial use is proposed adjacent to a Residential District, a landscaped buffer shall
be provided on the site of the commercial use between the commercial use and the Residential
District in accordance with Section 3.5.
4.3.
Outdoor Storage
No outdoor storage shall be allowed in the C-5 District, even as an accessory use to a permitted
or a discretionary use which is allowed.
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8.3.
OTHER LAND USE DISTRICTS
1.0
For the purposes of this Bylaw, the following Districts shall be considered Industrial Districts:
1.1.
Business and Industrial Park (BMP) District
1.2.
Commercial and Industrial Service (CIS) District
2.0
All relevant Sections of this Bylaw shall apply to all Industrial Districts and other land use
districts in this Section 8.3 unless otherwise noted in this Section 8.3.
Bylaw 1/2015
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8.3.1.
Business and Industrial Park (BMP) District
1.0
Purpose
The purpose of this District is to provide for business and industrial uses which create little or no
nuisance or hazard beyond the site upon which they are located, but which, by their nature, are better
suited to locations away from concentrations of population.
2.0
Permitted and Discretionary Uses
2.1. Permitted Uses
-
Animal shelter
-
Automotive and equipment repair
shop
-
Automotive sales/rental
establishment
-
Automotive body repair and paint
shop
-
Business support service
establishment
-
Car wash
-
Contractor service - General
-
Contractor service - Limited
-
Rental establishment
-
Farm implement dealership
-
Fleet service
-
Gas bar
-
Greenhouses and plant nursery
-
Industrial use - General
-
Industrial vehicle and equipment
sales/rentals establishment
-
Outdoor storage
-
Public park
-
Public use
-
Recycling depot
-
Self-service storage facility
-
Service station
-
Truck and recreational vehicle
sales/rentals establishment
-
Veterinary clinics and animal
hospital
-
Warehouse sales establishment
Buildings and uses accessory to
permitted uses
2.2. Discretionary Uses
-
Adult entertainment establishment
-
Agricultural industry
-
Amusement establishment - Outdoor
-
Auctioneering establishment
-
Commercial school
-
Exhibition and convention facility
-
Industrial use - Medium
-
Licenced drinking establishment
-
Recreational facility
-
Restaurant
-
Small animal breeding and boarding
establishment
-
Surveillance suite
-
Temporary use
-
Utility service - Major
-
Utility service - Minor
Buildings and uses accessory to discretionary
uses
3.0
Subdivision Regulations
3.1.
Minimum site area shall be sufficient, in the opinion of the Subdivision Authority, to
accommodate the proposed use; however, if the proposed lot is not to be served by a sewage
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collection system, a water distribution system, and a storm drainage system, the minimum site
area shall be 0.4 ha (1.0 ac.).
4.0
Development Regulations
Maximum site coverage
60%; however, if the proposed development is
not to be served by a sewage collection
system, a water distribution system, and a
storm drainage system, the maximum site
coverage shall be 50%.
Minimum required front yard setback
6.0 m (19.7 ft.), unless a greater yard is deemed
necessary by the Development Authority.
No loading, parking, or storage area shall be
allowed within the required minimum front
yard.
Minimum required side yard setback
3.0 m (9.8 ft.); or
As required per Section 3.8 for corner sites.
Minimum required rear yard setback
3.0 m (9.8 ft.), except that where the rear yard
abuts a railway line, the minimum required
rear yard shall be 5.0 m (16.4 ft.).
Maximum building height
At the discretion of the Development Authority.
Setbacks from pipeline rights-of-way
No building shall be located closer than 15.0 m
(49.2 ft.) to the centreline of a pipeline right-
of-way or the centreline of a pipeline within
a pipeline right-of-way, whichever distance
is the lesser.
4.1.
Landscaping
All yards shall be landscaped in accordance with Section 3.5.
4.2.
Outdoor Storage
All outdoor storage shall be screened to the height considered necessary by the Development
Authority.
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8.3.2.
Commercial and Industrial Service (CIS) District
1.0
Purpose
The purpose of this District is to provide for business and service industrial uses which create no
nuisance or hazard, and which take advantage of the accessibility and exposure afforded by a major
arterial roadway and provides an area adjacent thereto, in an appropriate and strategic location, for the
sale of a variety of goods and services which, by their nature, require a large amount of floor space or
land area for the storage or display of products or the carrying out of operations.
2.0
Permitted and Discretionary Uses
2.1. Permitted Uses
-
Automotive and equipment repair
shop
-
Automotive sales/rental
establishment
-
Automotive body repair and paint
shop
-
Business support service
establishment
-
Car wash
-
Commercial school
-
Contractor service - Limited
-
Rental establishment
-
Fleet service
-
Gas bar
-
Household repair service
-
Industrial vehicle and equipment
sales/rentals establishment
-
Office use
-
Outdoor storage
-
Public parks
-
Public utility
-
Service station
-
Truck and recreational vehicle
sales/rentals establishment
-
Warehouse sales establishment
Buildings and uses accessory to
permitted uses
2.2. Discretionary Uses
-
Agricultural industry
-
Animal shelter
-
Auctioneering establishment
-
Casinos and gaming establishment
-
Contractor service - General
-
Drive-through business
-
Exhibition and convention facility
-
Farm implement dealership
-
Greenhouses and plant nursery
-
Industrial use - General
-
Licenced drinking establishment
-
Public use
-
Recreational facility
-
Recycling depot
-
Restaurant
-
Self-service storage facility
-
Surveillance suite
-
Temporary use
-
Veterinary clinics and animal hospital
Buildings and uses accessory to discretionary
uses
3.0
Subdivision Regulations
3.1.
Minimum site area and dimensions shall be at the discretion of the Subdivision Authority, who,
in making their determination, shall consider internal traffic circulation, off-street parking and
loading, landscaping, on-site storage, adjacent land uses, and the required building setbacks to
accommodate the proposed use; however, site area shall not be less than 0.4 ha (1.0 ac.).
Bylaw 1/2015
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4.0
Development Regulations
Maximum floor area ratio
1.0
Minimum required front yard setback
6.0 m (19.7 ft.), unless a greater yard is deemed
necessary by the Development Authority. No
loading, parking, or storage area shall be allowed
within the required minimum front yard.
Minimum required side yard setback
3.0 m (9.8 ft.).
Minimum required rear yard setback
3.0 m (9.8 ft.)
Maximum building height
At the discretion of the Development Authority,
having regard for adjacent land uses and the
required building setbacks, but no more than
15.0 m (49.2 ft.).
4.1.
Site and Architectural Appearance
The siting and architectural appearance of all developments and the landscaping of the site shall
be to the satisfaction of the Development Authority in order that there shall be general
conformity in such matters with adjacent developments and that there may be adequate
protection afforded to the amenities of any adjacent residential uses.
For any development in the CIS District, any elevation facing a PS District, POS District, or public
roadway shall not give the appearance of a predominantly blank wall. If, in the opinion of the
Development Authority, the elevation has the appearance of a blank wall, the use of
architectural elements such as columns, ribs, recesses, or changes in building finishes or colours
will be required.
4.2.
Landscaping
All yards shall be landscaped in accordance with Section 3.5.
4.3.
Outdoor Storage
All outdoor storage shall be screened to the height considered necessary by the Development
Authority.
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8.3.3.
Parks and Open Spaces (POS) District
1.0
Purpose
The purpose of this District is to provide for development of public parks and other public uses which
are supportive of those uses.
2.0
Permitted and Discretionary Uses
2.1. Permitted Uses
-
Community recreation service
-
Public park
Buildings and uses accessory to
permitted uses
2.2. Discretionary Uses
-
Cemetery
-
Child care facility
-
Exhibition and convention facility
-
Place of worship
-
Public use
-
Recreational facility
-
Temporary use
Buildings and uses accessory to discretionary
uses
3.0
Subdivision Regulations
3.1. Minimum site area shall be sufficient, in the opinion of the Subdivision Authority, to
accommodate the proposed use.
4.0
Development Regulations
Maximum site coverage and/or floor area ratio
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no more than the least restrictive adjacent Land
Use District
Minimum required front, side and rear yards
setback
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no less than the least restrictive adjacent Land
Use District
Maximum building height
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no more than the least restrictive adjacent Land
Use District
4.1. The Development Authority shall require that the design, siting, landscaping, screening and
buffering of any development minimise and compensate, in its sole opinion, for any objectionable
aspects or potential incompatibility with development in abutting Districts.
4.2. In considering whether or not to approve a development application for a discretionary use, the
Development Authority shall evaluate the proposal in terms of its scale and the extent to which it
is, in its sole opinion, consistent with, and not prejudicial to, the overall purpose of this District.
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8.3.4.
Public and Private Services (PS) District
1.0
Purpose
The purpose of this District is to provide for development of institutional uses such as governmental,
religious, social, health, cultural, heritage, or public services and facilities, or other uses which are
supportive or similar to such uses.
2.0
Permitted and Discretionary Uses
2.1. Permitted Uses
-
Boarding and lodging house
-
Child care facility
-
Community centre
-
Community recreation service
-
Government service
-
Group care facility
-
Health service
-
Libraries and cultural exhibit
-
Place of worship
-
Private club
-
Public education facility
-
Public park
-
Public use
-
Recreational facility
Buildings and uses accessory to
permitted uses
2.2. Discretionary Uses
-
Cemetery
-
Commercial school
-
Exhibition and convention facility
-
Extended medical treatment facility
-
Funeral service
-
Office use
-
Protective and emergency service
-
Restaurant
-
Retail store - Convenience
-
Retail store - Specialty
-
Temporary use
-
Utility service - Minor
Buildings and uses accessory to
discretionary uses
3.0
Subdivision Regulations
3.1. Minimum site area shall be sufficient, in the opinion of the Subdivision Authority, to
accommodate the proposed use.
4.0
Development Regulations
Maximum site coverage and/or floor area ratio
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no more than the least restrictive adjacent Land
Use District
Minimum required front, side and rear yard
setback
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no less than the least restrictive adjacent Land
Use District
Maximum building height
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no more than the least restrictive adjacent Land
Use District
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4.1. The Development Authority shall require that the design, siting, landscaping, screening and
buffering of any development minimise and compensate, in its sole opinion, for any objectionable
aspects or potential incompatibility with development in abutting Districts.
4.2. In considering whether or not to approve a development application for a discretionary use, the
Development Authority shall evaluate the proposal in terms of its scale and the extent to which it
is, in its sole opinion, consistent with, and not prejudicial to, the overall purpose of this District.
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8.3.5.
Urban Reserve (UR) District
1.0
Purpose
The purpose of this District is to protect significant tracts of predominantly vacant land for future urban
development, and to allow a limited range of low intensity uses which are consistent with that intent.
2.0
Permitted and Discretionary Uses
2.1. Permitted Uses
-
Extensive agriculture
Buildings and uses accessory to
permitted uses
2.2. Discretionary Uses
-
Agricultural industry
-
Automotive and equipment repair shop
(only on Lot 1, Block 1, Plan 992 6830,
with a building or group of buildings,
individually or collectively, not exceeding
525.0 m² in floor area)
-
Greenhouse and plant nursery
-
Protective and emergency service (only
on Pt. NE 27-55-25-W4M (containing 4.45
ha. +) lying northeast of Railway Plan
5773 AY and due west of East Boundary
Road)
-
Public park
-
Public use
-
Single detached dwelling
-
Small animal breeding and boarding
establishment
-
Temporary use (which, in the sole opinion
of the Development Authority, will not
prejudice the possibility of conveniently
and economically subdividing or
developing the site in the future)
-
Utility service - Major & Minor
Buildings and uses accessory to
discretionary uses
3.0
Subdivision Regulations
3.1.
Only one of the following two subdivision options shall be allowed in the UR District:
1.
the subdivision of a quarter section of land into two equal-sized lots of a minimum of 30.0
ha (74.1 ac.) more or less, or
2.
the subdivision of a lot of 1.0 ha (2.47 ac.) in size from a quarter section of land to
accommodate a single detached dwelling and accessory use. Only one such lot shall be
allowed on a quarter section.
Bylaw 14/2012
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4.0
Development Regulations
4.1.
Maximum Height - 10.67 m (35.0 ft.); except in the case of buildings which are part of or
accessory to extensive agriculture, other than a dwelling unit.
4.2.
All other site regulations shall be at the discretion of the Development Authority.
4.3.
The Development Authority may specify the length of time any use is approved in this District,
having regard to the servicing and future development of the subject area.
4.4.
In deciding an application for an automotive and equipment repair shop pursuant to Subsection
4.0hereof, the Development Authority shall, through conditions of approval, address any
unsightliness on the property through a combination of removal of material, landscaping and/or
screening and require that the developer satisfy any requirements in relation to on-site fire
safety and suppression.
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8.4.
DIRECT CONTROL DISTRICTS
1.0
In accordance with Section 641 of the Act, the following Direct Control Districts are hereby established:
1.1.
Direct Control - General (DC-1) District
1.2.
Direct Control - Special (DC-2) District
1.3.
Direct Control - Site Specific (DC-3) District
1.4.
Direct Control - Site Specific (DC-4) District
1.5.
Direct Control - Cœur de Morinville Residential (DC-C) District
1.6.
Direct Control - Transition (DC-T) District
2.0
For the purposes of this Bylaw, the Direct Control - Site Specific (DC-3) District and the Direct Control -
Cœur de Morinville Residential (DC-C) District shall also be considered Residential Districts in accordance
with Section 8.1.2.0.
Bylaw 17/2012
Bylaw 8/2013
Bylaw 8/2013
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8.4.1.
Direct Control - General (DC-1) District
1.0
Purpose
The purpose of this District is to enable a comprehensively planned development on a site in this District
to be reviewed and decided upon directly by the Council. All development must be in conformity with
all applicable Area Structure Plans, Area Redevelopment Plans, and the Municipal Development Plan.
This District may be applied to a site where a comprehensive, integrated development is anticipated and
the Council feels added flexibility and control, as well as standards not found in conventional Land Use
Districts are desired; or where a detailed Area Structure Plan or Area Redevelopment Plan for an area is
under preparation, and the Council requires control over the area in the interim between the
commencement and the completion of the Plan development exercise.
2.0
Development Regulations
2.1.
All land uses allowed and all site regulations shall be at the discretion of the Council, acting as
Development Authority.
2.2.
The Council may apply such conditions of approval to a development as it considers necessary.
2.3.
For any use approved by Council under this Section, Council delegates future accessory
development to the discretion of the Development Officer, who may apply such conditions of
approval to an accessory development as considered necessary.
3.0
Application & Process Considerations
3.1.
For an application for a new development use within this district, the applicant applying for the
development shall attempt to engage all owners of land within at least 75.0 m (246.1 ft.) of the
subject site, to the satisfaction of the Development Authority, and in accordance with any
Statutory Plan, before the application is referred to council for decision.
3.2.
The Development Officer may refer to Council for direction on additional application
requirements.
3.3.
A Council meeting to decide on a development application within this district should be treated
as a non-statutory public hearing at the discretion of Council, including opportunity for public
input and notification advertising.
Bylaw 3/2019
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8.4.2.
Direct Control - Special (DC-2) District
1.0
Purpose
The purpose of this District is to regulate development within those areas of the Municipality within
which Council considers it desirable to exercise particular control regarding the use and development of
land or buildings.
This District may be applied to lands where the Council believes that it would be reasonable to apply
strict development control pending a change of use which may take a long time to occur, and where
existing uses should be allowed to continue and expand in a limited fashion, but not so as to preclude
the long-term intention of the Council for the change of use.
2.0
Development Regulations
2.1.
All of the uses listed as being either permitted or discretionary uses within the Business and
Industrial Park (BMP) District shall be discretionary uses within the DC-2 District.
2.2.
All of the regulations within the DC-2 District shall be at the discretion of the Council when
considering a development permit application, except that the regulations applicable to the
Business and Industrial Park (BMP) District, and the Regulations for specific uses and
developments as indicated in this Bylaw, may be considered as guidelines for development by
the Council.
2.3.
For any use approved by Council under this Section, Council delegates future accessory
development to the discretion of the Development Officer, who may apply such conditions of
approval to an accessory development as considered necessary.
3.0
Application & Process Considerations
3.1.
For an application for a new development use within this district, the applicant applying for the
development shall attempt to engage all owners of land within at least 75.0 m (246.1 ft.) of the
subject site, to the satisfaction of the Development Authority, and in accordance with any
Statutory Plan, before the application is referred to council for decision.
3.2.
The Development Officer may refer to council for direction on additional application
requirements
3.3.
A council meeting to decide on a development application within this district should be treated
as a non-statutory public hearing at the discretion of council, including opportunity for public
input and notification advertising.
Bylaw 3/2019
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8.4.3.
Direct Control - Site Specific (DC-3) District
1.0
Purpose
The purpose of this District is to provide for the creation of site specific land use regulations in respect of
sites within the Municipality where the circumstances relating to development are such that regulation
and control by means of the other Land Use Districts in this Bylaw would be either inappropriate or
inadequate, having regard to existing or future surrounding development and to the interest of the
applicant and the public generally.
This District shall be applied to a site through an amendment to this Land Use Bylaw which shall be
identified in sequence as DC-3-__.
When this District is applied to a site, the use of the site and the development regulations for the site
shall be in conformity with all applicable Area Structure Plans and Area Redevelopment Plans and the
Municipal Development Plan, and shall be prescribed in the amending Bylaw for the newly created DC-3
District.
This District shall only be applied where:
1.1.
the use of any other Land Use District of this Bylaw to accommodate the proposed development
would, in the opinion of the Council, result in potential conflicts with existing or future
surrounding development, should the full development potential of such a Land Use District be
utilised, or
1.2.
the proposed development is of a scale or complexity requiring a comprehensive planning
approach that, in the opinion of the Council, would be appropriately achieved through the use
of this District.
2.0
Development Permit Procedures
Decisions on development permit applications in this District shall be made by the Development Officer,
acting as Development Authority, in accordance with Part 2 - Development Permits, Rules, and
Procedures.
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3.0
Site Specific Direct Control Mixed Residential (DC-3-1) District
3.1.
Purpose
The purpose of this District is to provide for the direct control of residential development in the
form of duplex-side-by-side housing and apartment in the area on Poplar Close (101A Avenue)
east of Ethier (99) Street locally known as Poplar Grove in Plans 982 5300, 022 7271, and 042
0371.
In order to accommodate two distinct development forms, two areas have been established
within this District as shown in Figure 8.2.
Figure 8.2
3.2.
Permitted and Discretionary Uses - Area A
Permitted Uses
-
Duplex - side-by-side
-
Home occupation - minor
-
Home office
Buildings and uses accessory to permitted
uses
Discretionary Uses
-
Group home
-
Public utility (no office or workshop)
Buildings and uses accessory to discretionary
uses
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3.3.
Permitted and Discretionary Uses - Area B
Permitted Uses
-
Apartment
-
Home occupation - minor
-
Home office
Buildings and uses accessory to
permitted uses
Discretionary Uses
-
Public utility (no office or workshop)
Buildings and uses accessory to discretionary
uses
3.4.
Subdivision Regulations - Area A
Minimum site depth
33.5 m (110.0 ft.) except for Lots 7, 8A, 15A, and
16, which shall be at least 30.0 m (98.4 ft.)
Minimum site width
Internal sites - 9.75 m (32.0 ft.)
Corner sites - 11.27 m (37.0 ft.)
Minimum required frontage
6.1 m (20.0 ft.)
Minimum site area
326.6 m² (3,515.5 sq. ft.), except for Lots 8A and
15A which shall have a minimum site area of
230.0 m² (2,475.7 sq. ft.)
Maximum number of lots
16
3.5.
Subdivision Regulations - Area B
Minimum site depth
33.5 m (110.0 ft.)
Minimum site width
76.2 m (250 ft.)
Minimum site area
2 000 m² (0.5 ac.)
3.6.
Development Regulations - Area A
Maximum site coverage
40%, except for Lots 7, 8A, 15A and 16, where
the maximum site coverage shall be 50%
Minimum required front yard setback
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no less than 6.1 m (20.0 ft.)
Minimum required side yard setback
20% of site width with at least 1.2 m (3.9 ft.) per
side, except for two storey dwelling units which
shall have a minimum side yard of 1.5 m on each
side; or
1.2 m (3.9 ft.) where a carport is attached; or
3.2 m (10.5 ft.) on one side yard where a site has
vehicular access from the front only and no
attached garage or carport is provided; or
As required per Section 3.8 for corner sites.
Minimum required rear yard setback
7.6 m (24.9 ft.), except in the case of Lots 7, 8A,
15A and 16, a minimum of 3.9 m (12.8 ft.)
Maximum building height
10.0 m (32.8 ft.) and 2-½ storeys
Minimum floor area
83.5 m² (900 sq. ft.)
Parking
A parking area shall be provided to the front, rear
or side of the dwelling unit.
Bylaw 2/2014
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Site design shall be such that a garage, either
attached or detached, may be built to comply
with the minimum requirements of this Bylaw.
3.7.
Development Regulations - Area B
Maximum site coverage
70%
Minimum required front yard setback
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no less than 6.1 m (20.0 ft.)
Minimum required side yard setback
2.4 m (7.9 ft.) on north side; and
3.66 m (12.0 ft.) on south side
Minimum required rear yard setback
3.0 m (9.8 ft.)
Maximum building height
10.0 m (32.8 ft.) and 2-½ storeys
Minimum floor area
46.0 m² (495.0 sq. ft.)
Parking
All parking shall be provided underground and/or
to the front of the dwelling unit.
Notwithstanding any other provisions of this
Bylaw to the contrary, no loading spaces shall be
required.
Maximum number of dwelling units
25
Fencing
Fencing shall be provided as a condition of the
development of Area B. The fence shall be a
maximum of 1.0 m in the north and east
boundary lines of the site, and a minimum of
1.87 m on the south boundary of the site
adjacent to 100 Avenue.
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4.0
Site Specific Direct Control Duplex Residential (DC-3-2) District
4.1.
Purpose
The purpose of this District is to provide for the direct control of residential development on Lot
47, Block 40, Plan 972 3020 in the form of Duplex-side-by-side dwellings, either fee-simple or
within a condominium, at a density not to exceed 18 dwelling units per hectare.
Applications under this land use district will be considered and decided upon by the Subdivision
Authority or Development Officer, as the case may be, unless either Authority determines that
the application in question should be referred to and decided by Council.
4.2.
Permitted and Discretionary Uses
Permitted Uses
-
Duplex - side-by-side
-
Home occupation - minor
-
Home office
-
Public park
Buildings and uses accessory to
permitted uses
Discretionary Uses
-
Group home
-
Home occupation - major
-
Public utility (no office or workshop)
-
Show home
Buildings and uses accessory to discretionary
uses
4.3.
Subdivision Regulations
Minimum site depth
sufficient to accommodate the proposed use
Minimum site width
sufficient to accommodate the proposed use
4.4.
Development Regulations
Maximum site coverage
40%
Minimum required front yard setback
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no less than:
7.62 m (25.0 ft.) in the case of fee simple lots
fronting a public road; or
6.09 m (20.0 ft.) in the case of units accessing a
common property cul-de-sac within a
condominium plan.
Minimum required side yard setback
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no less than 2.3 m (7.6 ft.). If required, this
minimum distance may be varied at the
discretion of the Development Authority in the
case of units located on a cul-de-sac.
Minimum required rear yard setback
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no less than 6.09 m (20.0 ft.)
Maximum building height
10.67 m (350.0 ft.)
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Minimum floor area
51.1 m² (550.0 sq. ft.)
Landscaping
The minimum landscaped area shall be 35% of
the site
Parking and loading
The design of development shall be such that a
garage, either attached or detached, may be built
to comply with the minimum standards of this
Bylaw.
Visitor parking shall be provided throughout the
site sufficient to satisfy the Development
Authority.
Notwithstanding any other provisions of this
Bylaw to the contrary, no loading spaces shall be
required.
Fencing
Fencing shall be provided around the perimeter
of the development area, conforming to the
requirements of this Bylaw.
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5.0
Site Specific Direct Control Mixed Residential (DC-3-3) District
5.1.
Purpose
The purpose of this District is to provide for the direct control of a mixture of medium and high-
density residential uses in the form of apartments and ground-oriented multiple unit dwellings,
in association with compatible institutional uses.
The District is located on the lands in Plan 112 3609; Block B; Lot 3A (commonly known as the
"Notre Dame Convent") and Plan 132 1211; Block B; Lot 1A. In order to accommodate two
distinct development forms, two areas have been established within this District as shown in
Figure 8.3.
Figure 8.3
5.2.
Permitted and Discretionary Uses - Area A
Permitted Uses
-
Apartment
-
Ground-oriented multiple unit dwelling
-
Home occupation - minor
-
Home office
-
Public park
Buildings and uses accessory to permitted
uses
Discretionary Uses
-
Child day home
-
Group home
-
Public utility (no office or workshop)
-
Show home
Buildings and uses accessory to
discretionary uses
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5.3.
Permitted and Discretionary Uses - Area B
Permitted Uses
-
Apartment
-
Library and cultural exhibit (on the
ground floor)
-
Home occupation - minor
-
Home office
-
Public park
Buildings and uses accessory to
permitted uses
Discretionary Uses
-
Child day home
-
Group home
-
Office use
-
Public utility (no office or workshop)
Buildings and uses accessory to discretionary
uses
5.4.
Subdivision Regulations - Area A
Minimum site area
760.0 m² (8,180.6 sq. ft.)
5.5.
Subdivision Regulations - Area B
Minimum site area
4,000 m² (0.99 ac.)
5.6.
Development Regulations - Area A
Maximum site coverage
40%
Maximum density
Apartments - 160 dwelling units per hectare
(64.75 du/ac.)
Ground-oriented multiple unit dwellings - 54
dwelling units per hectare (21.9 du/ac.)
Maximum floor area ratio
1.2
Maximum building height
Apartments - 18.0 m (59.0 ft.) or 5 storeys,
whichever is lesser
Ground-oriented multiple unit dwellings - 14.0
m (46.0 ft.) or 4 storeys, whichever is lesser
Minimum required front yard setback
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no less than 7.6 m (24.9 ft.)
Minimum required side yard setback
Apartments - 4.5 m (14.8 ft.)
Ground-oriented multiple unit dwellings - 2.3
m (7.6 ft.)
Or as required per Section 3.8 for corner sites.
Minimum required rear yard setback
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no less than 7.6 m (24.9 ft.)
Minimum floor area, per dwelling unit
Apartments - 41.8 m² (450.0 sq. ft.)
Ground-oriented multiple unit dwellings - 51.1
m² (550.0 sq. ft.)
Other uses - at the discretion of the
Development Authority
Minimum landscaping
35% of site area
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Amenity Areas
Where more than two (2) dwelling units are to
be provided, amenity areas shall be provided in
accordance with Section 3.11
i.
Unless otherwise provided for in the DC-3-3 District - Area A, development shall conform to
all other provisions of this Bylaw and any other statutory plan in effect.
5.7.
Development Regulations - Area B
Maximum site coverage
40.7% for the principal building and 3.3% for
accessory buildings, for a combined total of
44.0%.
Maximum density
125 dwelling units per hectare (50.6 du/ac.)
Maximum floor area ratio
1.06
Maximum building height
14.45 m (47.4 ft.) or 4 storeys, whichever is lesser
for principal buildings; and, notwithstanding
Section 4.1.10.1, 7.5 m (24.6 ft.) for accessory
buildings.
Minimum required front yard setback
6.4 m (21.0 ft.)
Minimum required side yard setback
6.9 m (22.6 ft.) on north side; and
1.8 m (5.9 ft.) on south side
Minimum required rear yard setback
22.5 m (73.8 ft.)
Minimum floor area, per dwelling unit
Apartments - 29.3 m² (316.0 sq. ft.)
Other uses - at the discretion of the
Development Authority
Projections into yards
eaves, gutters, sills, canopies, chimneys, steps,
and patios, or other similar projections, may
project into any minimum required yard as
allowed by the Development Authority
i.
Notwithstanding any other provision of this Bylaw to the contrary, no person shall enlarge,
add to, remove, or otherwise structurally alter an existing building or construct any new
building, fence, sign, structure or thing in the DC-3-3 District - Area B unless an application
for it has been approved and a development permit has been issued.
ii.
Unless otherwise provided for in the DC-3-3 District - Area B, development shall conform to
all other provisions of this Bylaw and any other statutory plan in effect.
5.8.
Architectural Standards
i.
Purpose - In order to ensure development is consistent with the historical and architectural
significance of the surrounding area, the design, character, spatial relationship and
appearance of all buildings shall be compatible with and provide unobstructed views of
other buildings in the vicinity. Therefore, the Development Authority shall, in reviewing an
application for a development permit, ensure any proposed development complies with the
architectural standards provided for in this Section. All figures attached hereto are to
provide illustrative examples of architectural standards and shall form part of this Section.
The following standards shall apply to all developments in both Area A and B of this District.
ii.
Form, Scale and Massing - The siting of buildings shall ensure an interesting streetscape
from any angle, provide consistent setbacks compatible with and to maximise views of
Bylaw 2/2014
Bylaw 1/2016
Bylaw 1/2016
Bylaw 1/2016
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surrounding buildings. Vernacular French architectural styles such as Second Empire shall
be incorporated in the built form.
iii.
Elevations - All façades shall provide an integrated, proportionate building form and must
incorporate the following elements:
a.
Exterior Finishes - Acceptable finishing materials shall include
brick, stone, cultured stone, stone tile, wood, plaster, smooth
stucco and fibre cement and shall be selected for their durability,
suitability and appropriateness to provide an authentic historical
finish. Vinyl, aluminum and similar siding, metal cladding,
unfinished concrete and artificial panels shall not be permitted,
with exception of architectural features such as shutters.
b.
Exterior Colours - A complementary colour approach using
natural colours (i.e. reds, browns, beiges, yellows) shall be
utilised. The number of colours shall be limited to three (3): a
natural pastel "background" colour for the main body; a
complementary "dominant" colour for the roof; and a
complementary "accent" colour for highlighting mouldings and
other decorative features. Matching background, dominant and
accent colours and colours not consistent with this intent shall
not be allowed.
c.
Fenestration Pattern - The façade shall be symmetrical and
balanced, with the use of regularly placed, punched, vertically
oriented windows. Curtain wall and strip windows shall not be
permitted.
d.
Doors - The use of double French doors with shutters, sidelights
and/or transom windows for main entries shall be strongly
encouraged, or shall be of similarly appropriate design, and
secondary doors shall be similar in appearance and detail to
main doors. All doors shall match the accent colour of the
building. For the purposes of this Section, sliding patio doors
shall be permitted provided they are appropriately designed.
Exterior doors shall not be covered with storm doors.
e.
Foundation Walls - Foundations shall be exposed, and
sufficiently elevated to be visually conspicuous. Notwithstanding
any other provision of this Bylaw to the contrary, for the
purposes of this Section, the term foundation may not be the
loadbearing portion of the building, provided that the visual
appearance of the building is such that there appears to be an
exposed foundation.
iv.
Roofing - All roofs shall display at least two roof slopes, and shall incorporate the following:
a.
Style - Roof types shall be mansard, or steep hip or gable with a
roof pitch of at least 6:12. Roof overhangs shall be a minimum of
0.45 m (1.5 ft.), or less in the case of specific architectural
Fenestration Pattern
Doors
Roof Styles
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features proportionate to the building (i.e. dormers). Lower
pitched roofs shall not be permitted.
b.
Material - Exterior roofing materials shall be selected for their
durability, suitability, and appropriateness to provide an
authentic historical finish with use of traditional shingles.
Features - Each building shall incorporate at least three (3) of the following architectural
features:
c.
Windows - use of rake head, semi-circular arch, bay, box, or
cantilevered windows incorporating bracketed hoods and/or
muntin bars.
d.
Doors - use of ornamental frames, decorative hardware, double
French doors with shutters, sidelights and/or transom muntin-
barred windows.
e.
Turrets and/or Dormers - where consistent with fenestration
pattern and shall be functional where possible.
f.
Porticos - located over main entrances, which may incorporate
pediments, or such other features as may be appropriate.
g.
Quoins, corner boards or such other decorative masonry as may
be appropriate.
h.
Other appropriate architectural features such as broad
decorative lintels, ornamental shingles, decorative shakes,
shutters, and/or bracketed eaves.
v.
Repetition - Similar elevations shall not be repeated within four adjacent lots. Variations
may include alterations in roof line style and design or pitch, fenestration patterns, exterior
finishing materials and/or colours and architectural features.
vi.
Mechanical Features - All air conditioning units, ventilation shafts, mechanical shafts, utility
meters, and other similar mechanical equipment shall be hidden within the roof structure or
other architectural features. Visually prominent mechanical projections shall be
symmetrically balanced.
vii.
Accessory Buildings and other structures (Fences, Railings, Lighting, Signs, and Street
Furniture) - All accessory buildings shall be compatible with the principal building in terms
of style, exterior finish, colour and roofing. Use of traditional wood or wrought iron railings,
balustrades and fences shall be compatible with the buildings. Decorative vernacular
French-style lighting, signage and other outdoor furniture should be employed.
Rake Head Window Portico with Muntin Bars
Quoins
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6.0
Site Specific Direct Control Small Lot Residential (DC-3-4) District
6.1.
Purpose
The purpose of this District is to provide residential development in the form of smaller lot
single detached housing on Lot 5, Plan 972 0345.
6.2.
Permitted and Discretionary Uses
Permitted Uses
-
Home office
-
Home occupation-minor
-
Single detached dwelling
-
Public park
Buildings and uses accessory to permitted
uses
Discretionary Uses
-
Home occupation-major
-
Public utility (no office or workshop)
-
Show home
Buildings and uses accessory to discretionary uses
6.3.
Subdivision Regulations
Minimum site depth
34.0 m (111.5 ft.)
Minimum site width
Corner sites and sites fronting onto collector
road - 11.0 m (36.0 ft.)
Other sites - 9.75 m (32.0 ft.)
Minimum required frontage
6.1 m (20.0 ft.)
i.
An application for subdivision within this District shall be accompanied by a site plan
showing the minimum required yards and buildable area for each proposed lot.
6.4.
Development Regulations
Maximum site coverage
45%, with a maximum of 35% for principal
buildings and 15% for accessory buildings.
Minimum required front yard setback
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no less than 4.5 m (14.8 ft.); however, it may be
increased by the Development Authority to
improve sunlight exposure, views, privacy, and to
add general interest to the streetscape having
regard for the siting and appearance of adjoining
dwellings and other dwellings within the block
face.
Minimum required side yard setback
1.2 m (3.9 ft.) per side, except for two storey
dwellings which shall have a minimum side yard
of 1.5 m on each side; or
As required per Section 3.8 for corner sites.
Minimum required rear yard setback
7.6 m (24.9 ft.)
Maximum building height
2 storeys
Minimum floor area
Single detached dwelling - 83.5 m² (900.0 sq. ft.)
total and 32.5 m² (350.0 sq. ft.) per storey
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Other uses - at the discretion of the
Development Authority
Landscaping
In addition to any other requirements of the
Development Authority, one (1) deciduous tree
or one (1) coniferous tree and two (2) shrubs
shall be required to be planted in the front
private yard area as a condition of the approval
of a development permit to construct a
dwelling.
Amenity areas
A minimum private amenity area of 30.0 m²
(322.9 sq. ft.) per dwelling shall be provided for
active or passive recreational use on the site of
each dwelling.
Parking
Access to a parking area shall be provided by
means of a lane from the rear only.
No dwelling shall be built with a garage or
parking space which is accessible from the front
line.
A parking area shall be provided to the rear of
the dwelling with a minimum width and depth
of 5.5 m (18.0 ft.) each.
Site design shall be such that a garage, either
attached or detached, may be built to comply
with the minimum requirements of this Bylaw.
i.
Exceptions to Minimum Required Yards
Notwithstanding any other provision of this Bylaw to the contrary, where an application for
development in this District is made for a site abutting another District, the minimum
required yard for the abutting yard in this District shall be the amount determined by the
Development Authority, in its sole discretion.
ii.
Design Guidelines
a.
Identical floor plans with similar front elevations must be separated by a minimum of
one site unless finishing treatments are substantially different to the satisfaction of the
Development Authority.
b.
The Development Authority may require a graduated transition between different
house styles which shall be accommodated by varied roof lines, architectural
projections, and/or the interjection of bi-level or split-level designs between one-
storey and two-storey designs.
c.
Corner sites shall have flanking side treatments similar to the front elevation.
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7.0
Site Specific Direct Control Narrow Lot Residential (DC-3-5) District
7.1.
Purpose
The purpose of this District is to provide residential development in the form of narrower lot
single detached housing on Part of Plan 746RS. The DC-3-5 District applies to lands as shown in
Schedule A - Land Use District Map.
7.2.
Permitted and Discretionary Uses
Permitted Uses
-
Home occupation - minor
-
Home office
-
Public park
-
Accessory dwelling unit
-
Single detached dwelling
Buildings and uses accessory to
permitted uses
Discretionary Uses
-
Bed and breakfast establishment
-
Child day home
-
Group home
-
Home occupation - major
-
Public utility (no office or workshop)
-
Show home
Buildings and uses accessory to discretionary
uses
7.3.
Subdivision Regulations
Minimum site depth
32.0 m (105.0 ft.)
Minimum site width
10.97 m (36.0 ft.)
Minimum required frontage
6.1 m (20.0 ft.)
Minimum site area
351.0 m² (3778.1 sq. ft.)
i.
Site Plan
An application for subdivision within this District shall be accompanied by a site plan
showing the minimum required yards and buildable area for each proposed lot.
7.4.
Development Regulations
Maximum site coverage
40% for principal buildings, and
15% for accessory buildings,
provided that the combined site coverage
for all buildings does not exceed 45%.
Minimum required front yard setback
6.0 m (19.7 ft.)
Minimum required side yard setback
1.5 m (4.9 ft.) per side; or
As required per Section 3.8 for corner sites.
Minimum required rear yard setback
7.6 m (24.9 ft.)
Maximum building height
10.0 m (32.8 ft.) and 2-½ storeys
Minimum floor area
Single detached dwellings - 83.5 m²
(900.0 sq. ft.) total and 32.5 m² (350.0 sq. ft.)
per storey
Other uses - at the discretion of the
Development Authority
Bylaw 20/2012
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i.
Design Standards
Architectural/design standards for the development within this District shall be the
responsibility of the Developer. In addition to Section 3.6 - Architectural Standards, the
following shall be regulated by the Municipality:
a.
All principal buildings are to have a front attached garage, and the attached garages
shall not have a width exceeding two-thirds (2/3) of the site width.
b.
All principal buildings are to have a:
-
second storey, or
-
roof feature built the entire width and at least halfway over the depth of the
attached garage.
c.
Corner sites shall have flanking side treatments similar to the front elevation.
d.
Enclosed cantilever projections into the side yard shall not exceed 3.1 m (10.2 ft.) in
length.
ii.
Conformity with Bylaw
Unless otherwise provided for in the DC-3-5 District, development shall conform to all
other provisions of this Bylaw and any other statutory plan in effect.
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8.0
Site Specific Direct Control Duplex and Multi-Unit Residential (DC-3-6) District
8.1.
Purpose
The purpose of this District is to provide for the direct control of residential development on Lot
2, Block 3, Plan 6207 HW and Part of SW 3-56-25-W4 in the form of Duplex-side-by-side
dwellings and ground-oriented multiple unit dwellings, either fee-simple or within a
condominium. In order to accommodate two distinct development forms, two areas have been
established within this District as shown in Figure 8.4.
Figure 8.4
8.2.
Permitted and Discretionary Uses - Areas A & B
Permitted Uses
-
Duplex - side-by-side
-
Ground-oriented multiple unit
dwelling
-
Home occupation - minor
-
Home office
-
Public park
Buildings and uses accessory to
permitted uses
Discretionary Uses
-
Group home
-
Home occupation - major
-
Public utility (no office or workshop)
-
Show home
Buildings and uses accessory to
discretionary uses
Bylaw 10/2013
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8.3.
Subdivision Regulations - Areas A & B
Minimum site depth
sufficient to accommodate the proposed use
Minimum site width
sufficient to accommodate the proposed use
Where a duplex or ground-oriented multiple unit dwelling is situated on one parcel of land
and a subdivision is being considered to subdivide the building into multiple titles, the
Subdivision Authority may require as a condition of the approval of the subdivision that an
easement be registered in the form of a caveat on the certificates of titles of the new lots
concurrent with registration of the instrument implementing the subdivision to provide for
maintenance and repairs to the structure and/or exterior of the building.
8.4.
Development Regulations - Area A
Maximum site coverage
40%
Maximum density
Up to 3 dwelling units where direct access is
from the road (101 Avenue); or
Up to 5 dwelling units where no direct access
is from the road (101 Avenue)
Minimum required front yard setback
At the discretion of the Development
Authority, having regard for the amenities of
the neighbourhood in which the site is
located; but no less than 7.6 m (24.9 ft.)
Minimum required side yard setback
20% of site width with at least 1.5 m (4.9 ft.)
per side
Minimum required rear yard setback
At the discretion of the Development
Authority, having regard for the amenities of
the neighbourhood in which the site is
located; but no less than 7.6 m (24.9 ft.)
Maximum building height
10.0 m (32.8 ft.) and 2-½ storeys
Minimum floor area
Duplexes or Ground-oriented multiple unit
dwellings - 83.5 m² (900 sq. ft.)
Other uses - at the discretion of the
Development Authority
Amenity areas
Where more than two (2) dwelling units are
to be provided on a comprehensive site
planning development site, amenity areas
shall be provided in accordance with Section
3.11
8.5.
Development Regulations - Area B
Maximum site coverage
40%
Maximum density
Up to 40 dwelling units
Minimum required front yard setback
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no less than 7.6 m (24.9 ft.)
Minimum required side yard setback
6.1 m (20.0 ft.); or
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4.57 m (15.0 ft.) along the west side line being
115.8 m (380 ft.) in length.
Minimum required rear yard setback
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no less than 6.1 m (20.0 ft.), except as required to
provide one-way drive aisles.
Maximum building height
6.55 m (21.5 ft.) and 1 storey
Minimum floor area
Duplexes or Ground-oriented multiple unit
dwellings - 91.0 m² (980 sq. ft.)
Other uses - at the discretion of the
Development Authority
Projection into yards
Notwithstanding Section 3.7, only the following
features may project into a required minimum
yard:
Front yard - eaves, gutters, and sills, or other
similar projections, provided such projections do
not exceed 0.6 m (2.0 ft.).
Side yard - eaves, gutters, and sills, or other
similar projections, provided such projections do
not exceed 0.6 m (2.0 ft.); and uncovered decks,
provided such projection does not exceed 2.44 m
(8.0 ft.). Covered decks shall not project into a
required minimum yard.
Rear yard - eaves, gutters, sills, bay, oval or bow
windows, or other similar projections, provided
such projections do not exceed 0.6 m (2.0 ft.)
Amenity Areas
Where more than two (2) dwelling units are to be
provided on a comprehensive site planning
development site, amenity areas shall be
provided in accordance with Section 3.11
Internal separation space
Notwithstanding Section 3.18.4.0, internal
separation space between buildings shall be no
less than:
Front - 20.12 m (66.0 ft.), perpendicular to the
attached garage doors
Side - 3.5 m (11.5 ft.)
Rear - 9.1 m (29.9 ft.)
The front, side, and rear of each building are as
shown on the elevations in Appendix "A",
attached to and forming part of this District.
8.6.
Lot Layout/Design of Site - Area A
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i.
Purpose - This land use district provides for, regulates and is tied directly to a general
building design that is either two or three units where direct access is from the road (101
Avenue), as generally shown in Figure 8.5, attached to and forming part of this District.
Figure 8.5 - General Building Design
For illustrative purposes only (not drawn to scale)
ii.
Lot Layout Features - The integrity of the existing neighbourhood surrounding the site
shall not be compromised by new development. The layout of the lot must be consistent
with existing development surrounding the site, including but not limited to front yard
setbacks and design features.
8.7.
Lot Layout/Design of Site - Area B
i.
Purpose - This land use district provides for, regulates and is tied directly to a Site
Development Plan for forty (40) ground-oriented, single-storey dwelling units, as generally
shown in Appendix "A".
ii.
Lot Layout Features - The integrity of the existing neighbourhood surrounding the site
shall not be compromised by new development. The layout of the lot must be consistent
with existing development surrounding the site, including but not limited to front yard
setbacks and design features.
iii.
No person shall construct or be permitted to construct a fence, including barricades or a
gate, that would prohibit or otherwise restrict vehicular access to the parking area.
8.8.
Conformity with Bylaw
Unless otherwise provided for in the DC-3-6 District, development shall conform to all other
provisions of this Bylaw and any other statutory plan in effect.
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APPENDIX "A"
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APPENDIX "A" (Continued)
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APPENDIX "A" (Continued)
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APPENDIX "A" (Continued)
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9.0
Deleted
Deleted- Bylaw No. 04/2022, adopted May 10, 2022
10.0
Notre Dame Village Site Specific Residential (DC-3-8) District
10.1. Purpose
The purpose of this District is to provide for the direct control of residential development for a
specific area within the Grandin Heights Area Structure Plan, specifically Part of NE 35-55-25-W4
as shown in Schedule A - Land Use District Map, to provide for an innovative, design-controlled
mixture of smaller home options. This land use district provides for, regulates and is tied directly
to a specific plan of subdivision as shown in Appendix "A", attached to and forming part of this
District, a range of housing types, styles and elevations as generally outlined in Appendices "B1"
through "B3", attached to and forming part of this District, as well as an overall design standard
for the area to which this District is being assigned.
It is also intended to ensure that land use and development occurs in accordance with any
applicable provisions prescribed in any statutory plan in effect or to be put in effect to
specifically guide the implementation and administration of this land use district. This land use
district is also to ensure that the processing of subsequent subdivision and development permit
applications can be carried out with efficiency and clarity.
10.2. Permitted and Discretionary Uses
i.
Permitted Uses
i.
On Block 17, Lots 23, 25-43, and 45-54, single detached dwellings with front
attached garages (see Appendix "A" and Appendix "B1")
ii.
On Block 17, Lots 14-21 and Lots 56-62, and Block 18, Lots 25-38, single
detached dwellings without front attached garages and with or without
detached garages in the rear of the property accessible via lane only (see
Appendix "A" and Appendix "B2")
iii.
On Block 17, Lots 22 and 55, single detached dwellings as described in either
Subsection i or ii hereof (see Appendix "A" and Appendices "B1" or "B2")
iv.
On Block 17, Lots 4-13 and 63-77, and Block 18, Lots 1-24, horizontally
attached triplex or fourplex dwellings with garages at the rear of the property
accessible via lane only (see Appendix "A" and Appendix "B3").
Application(s) for subdivision or developments permits for the lots described
in Subsection iv herein shall follow the concept plan as shown in Appendix "A",
or otherwise include a revised concept plan for these buildings to ensure the
triplex and fourplex dwellings are developed in a comprehensive manner.
-
Home occupation - Minor
-
Home office
-
Public park
Buildings and uses accessory to permitted uses
Bylaw 18/2014
Bylaw 12/2015
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ii.
Discretionary Uses
-
Bed and breakfast establishment
-
Child day home
-
Group home
-
Home occupation - Major
-
Public utility (no office or workshop)
-
Show home
Buildings and uses accessory to discretionary uses
10.3. Subdivision and Development Regulations
The following shall apply:
i.
to the lots described in Subsection 10.2.i.i hereof:
Minimum site width
10.67 m (35.0 ft.). This may be varied for sites on
curves or cul-de-sacs.
Minimum site depth
33.5 m (109.9 ft.). This may be varied for sites on
curves or cul-de-sacs.
Minimum required front yard setback
6.1 m (20.0 ft.) with the second storey features
referred to in Subsection 10.4.b hereof
permitted to project 1.1 m (3.6 ft.) into the
required front yard.
Minimum required side yard setback
1.5 m (4.9 ft.) per side
Minimum required rear yard setback
7.6 m (24.9 ft.)
a.
All principal buildings shall have a front attached garage.
ii.
to the lots described in Subsection 10.2.i.ii hereof:
Minimum site width
9.15 m (30.0 ft.) for interior sites; or
11.0 m (36.0 ft.) for corner sites.
This may be varied for sites on curves or cul-de-
sacs.
Minimum site depth
33.5 m (109.9 ft.). This may be varied for sites on
curves or cul-de-sacs.
Minimum required front yard
5.0 m (16.4 ft.), with the exception of Block 17,
Lots 19-21 and 56-58, which may be reduced
up to 3.05 m (10.0 ft.)
Minimum required side yard
1.2 m (3.9 ft.) per side; or
3.05 m (10.0 ft.) for the flanking side yard in the
case of all corner sites.
Minimum required rear yard
13.8 m (45.3 ft.)
a.
In all cases, detached garages shall be located in the rear of the property and
accessed only via the lane. The face of the overhead door shall be oriented
toward the lane and may be either between 1.0 m (3.3 ft.) and 1.1 m (3.6 ft.)
or between 6.0 m (19.7 ft.) and 6.1 m (20.0 ft.) from the rear line, however, in
the case of cul-du-sac sites, the detached garage may be sited such that the
overhead door is perpendicular to the rear lane provided there is sufficient
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site width at the rear of the property to accommodate a curved driveway
apron.
b.
The minimum required side yard for a detached garage shall be 1.0 m (3.3
ft.).
c.
In the case of Block 17, Lots 14 and 62, and Block 18, Lots 25 and 38, there
shall be no vehicle access to the flanking side yard.
iii.
to the lots described in Subsection 10.2.i.iii hereof:
a.
the minimum provisions stipulated in either Subsection 10.3.i or 10.3.ii hereof
shall apply, depending on whether the principal building to be sited has a
front attached garage or a detached garage at the rear utilising the lane.
iv.
to the lots described in Subsection 10.2.i.iv hereof:
Minimum site width
6.1 m (20.0 ft.) for interior lots; or
7.6 m (25.0 ft.) for exterior lots
Minimum site depth
33.5 m (109.9 ft.)
Minimum required front yard
5.0 m (16.4 ft.)
Minimum required side yard
0.0 m (0.0 ft.) for interior lots; or
1.2 m (3.9 ft.) for exterior lots; or
3.6 m (12.0 ft.) for the flanking side yard.
Minimum required rear yard
13.8 m (45.3 ft.)
a.
In this Section:
-
"exterior lot" means a lot in which a portion of a principal building
containing one (1) dwelling unit has or will have an exterior wall lying
adjacent to a side line.
-
"interior lot" means a lot in which a portion of a principal building
containing one (1) dwelling unit has or will have no exterior wall lying
adjacent to the side line, and instead shares a common wall with dwelling
units on both sides.
b.
For Block 17, Lots 13 and 63, and Block 18, Lots 1 and 24, a porch, deck or patio
may project up to 1.5 m (4.96 ft.) into the minimum required flanking side yard.
c.
In all cases, garages shall be located in the rear of the property and accessed
only via the lane. The face of the overhead door shall be oriented toward the
lane and may be either between 1.0 m (3.3 ft.) to 1.2 m (3.9 ft.) or otherwise,
greater than 6.0 m (19.7 ft.) from the rear line.
d.
Garages shall share a common wall with an adjacent lot as typically shown in
Appendix "B3", and the minimum side yard for a garage located on the side with
an exterior wall shall be 1.0 m (3.9 ft.), with the exception of a single detached
garage accessory to a triplex dwelling units, where the minimum side yards shall
be 0.9 m (3.0 ft.) per side (being Block 17, Lots 4, 9, and 77, and Block 18, Lots 5,
8, 11, and 14 as shown in Appendix "A", or otherwise as per a revised overall
concept plan described in Subsection 10.2.i.iv hereof).
e.
In the case of Block 17, Lots 13 and 63, and Block 18, Lots 1 and 24, there shall
be no vehicle access to the flanking side yard.
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v.
Maximum site coverage shall be:
a.
60% in the case of dwellings with rear detached garages, with accessory
building maximum site coverage of 20% and the dwelling maximum site
coverage of 40%; or
b.
45% in the case of single detached dwellings with attached garages, with
accessory building maximum site coverage of 15% and/or dwelling
maximum site coverage of 40%, provided the combined site coverage for
all buildings does not exceed to maximum 45% allowed.
vi.
Maximum building height, notwithstanding any other provision of this Bylaw to
the contrary, shall be:
a.
dwelling principal building - 12.6 m (41.3 ft.)
b.
accessory buildings - 5.0 m (16.4 ft.)
vii.
Minimum floor area shall be - 84.0 m² (904.2 sq. ft.).
viii.
Fencing, Screening and Landscaping:
a.
All sites shall be screened or fenced to the satisfaction of the
Development Authority.
b.
A general landscaping/screening plan for this District acceptable to the
Municipality shall be submitted prior to endorsement of any subdivision.
ix.
In this District, no permit shall be granted for the erection of more than one (1)
dwelling unit on a single parcel of land.
10.4. Dwelling and Neighbourhood Design Standards
i.
Architectural/design standards for the development within this District shall be a
responsibility of the Developer. The following standards shall be enforced by the
Municipality at the time of Development Permit application:
a.
All single detached dwellings are to have a roof pitch of at least 6:12;
b.
principal buildings with attached garages shall have the framed wall of the
second storey extend past the framed wall of the main floor. On interior lots
the second storey structure must extend beyond the face of the overhead
garage door a minimum of 0.61 m (2.0 ft.), complete with one of the following
features: veranda, covered balcony, cantilever, dormer, bay window, etc. or
extensive craftsman style detailing. This cantilevered design will draw the eye
away from the garage to the features on the second floor. This will minimise
the visual appearance of the garage door on a narrow lot home with upper
storey verandas or covered balconies being predominate. The use of support
columns carried beyond the eave line is highly encouraged;
c.
Dwelling units with detached garages are to either have a garage completed
when the home is built, or a concrete pad poured on which a detached garage
can be built later;
d.
All detached garages shall be compatible with the principal building in terms of
style, exterior materials and colour. Roof pitch shall be a minimum of 4:12 and
no greater than the roof pitch of the principal building on the site;
e.
All other accessory buildings should be compatible with the principal building
and detached garage in terms of style, exterior materials, colour and roof pitch;
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f.
Cantilever projections into side yards shall be a maximum of 0.6 m (2.0 ft.) in
depth, and, with the exception of eaves, gutters and sills, a maximum of 3.1 m
(10.2 ft.) in length; and
g.
Uncovered steps are permitted in side yards to the boundary lines.
2.
Neighbourhood design standards for the Notre Dame Village District shall be
incorporated into the development agreement with the Municipality guided
by/addressing (in no particular order):
a.
black iron fencing is to be provided on each corner lot,
b.
black iron lampposts are to be used for street lighting,
c.
signage is to be consistent with the Municipality's emphasis on historical
context, and
d.
Municipal Reserve areas are to be landscaped.
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APPENDIX "A"
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APPENDIX "B1"
*Examples are provided to illustrate general architectural style and not
specific designs. Finished dwelling units will vary on the styling cues.
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APPENDIX "B2"
*Examples are provided to illustrate general architectural style and not
specific designs. Finished dwelling units will vary on the styling cues.
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APPENDIX "B3"
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11.0
Juniper Heights & Notre Dame Site Specific Residential (DC-3-9) District
11.1. Purpose
This residential land use district within the Juniper Heights and Notre Dame Neighbourhoods
provides for a mixture of smaller single detached homes and fee-simple ground-oriented
multiple dwelling options for Grandin Heights Stage 7 to address market needs. This district is
tied directly to the Grandin Heights Stage 7 subdivision plan included as Appendix "A".
11.2. Permitted and Discretionary Uses
Permitted Uses
-
Single detached dwelling, only on lots identified in Appendix "A"
-
Ground-oriented multiple dwelling unit, only on lots identified in Appendix "A"
-
Home occupation - Minor
-
Home office
-
Accessory dwelling unit
Buildings and uses accessory to permitted uses
Discretionary Uses
-
Bed and breakfast establishment
-
Child day home
-
Group home
-
Home occupation - Major
-
Public utility (no office or workshop)
-
Show home
Buildings and uses accessory to discretionary uses
11.3. Subdivision Regulations
Minimum site width
Single detached dwelling Lane less:
9.71 m (32.0 ft.) for internal sites; or
11.52 m (37.8 ft.) for corner sites.
Ground-oriented multiple dwelling with
lane:
5.5m (18.1 ft.) for internal sites; or
6.7m (22.0 ft.) for exterior sites; or
8.5m (28.1 ft.) for corner sites.
Pie-shaped sites shall be measured 9.0 m (29.5 ft.) from the front line,
and reverse pie-shaped sites shall be measured 7.5 m (24.6 ft.) from
the rear line.
Minimum site depth
30.5m (100.0 ft).
11.4. Development Regulations
Maximum site coverage
Single detached dwelling:
50%, where the principal building is a
maximum of 32% and the garage and other
accessory buildings shall not exceed 18%.
Ground-oriented multiple unit dwelling:
57%, including attached garage and/ or a
detached garage and any other accessory
buildings
Bylaw 13/2018
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Minimum front yard setback
4.5 m (14.8 ft.) with no front garage; or 6.0
m (19.7 ft.) with a front garage.
Minimum side yard setback
1.2 m (3.9 ft.) for internal sites; or 3.05 m
(10.0 ft.) for corner sites.
Minimum rear yard setback
Principal buildings with a front attached
garage 7.5 m (24.6 ft.) for internal sites; or
4.5 m (14.8 ft.) for corner sites.
Maximum building height
Single detached dwelling unit - 10.0 m
(32.8 ft.).
Ground-oriented multiple dwelling unit -
12.6 m (41.3 ft.).
i.
Accessory dwelling unit shall be in accordance with Part Four, Section 4.2.
ii.
Principal buildings with front attached garages with a width of 7.3 m (24 ft.) shall have a
maximum access width of 6.1 m (20 ft.).
iii.
Principal buildings with front attached garages with a width of 7.9 m (26 ft.) shall have a
maximum access width of 6.7 m (22 ft.).
APPENDIX "A"
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8.4.4.
Direct Control - Site Specific (DC-4) District
1.0
Purpose
The purpose of this District is to provide for the creation of site specific land use regulations in respect of
sites within the Municipality where the circumstances relating to non-residential or mixed-use
development are such that regulation and control by means of the other Land Use Districts in this Bylaw
would be either inappropriate or inadequate, having regard to existing or future surrounding
development and to the interest of the applicant and the public generally.
This District shall be applied to a site through an amendment to this Land Use Bylaw which shall be
identified in sequence as DC-4-__.
When this District is applied to a site, the use of the site and the development regulations for the site
shall be in conformity with all applicable Area Structure Plans and Area Redevelopment Plans and the
Municipal Development Plan and shall be prescribed in the amending Bylaw for the newly created DC-4
District.
This District shall only be applied where:
-
the use of any other Land Use District of this Bylaw to accommodate the proposed development
would, in the opinion of the Council, result in potential conflicts with existing or future surrounding
development, should the full development potential of such a Land Use District be utilised, or
-
the proposed development is of a scale or complexity requiring a comprehensive planning approach
that, in the opinion of the Council, would be appropriately achieved through the use of this District.
Development Permit Procedures
Decisions on development permit applications in this District shall be made by the Development Officer,
acting as Development Authority, in accordance with Part 2 - Development Permits, Rules, and
Procedures.
Bylaw 17/2012
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2.0
Site Specific Direct Control Mixed Commercial/Residential (DC-4-1) District
2.1.
Purpose
The purpose of this district is to provide for the direct control of a mixed-use development
including apartments or hotel uses, and commercial uses on the site legally described as Plan
792 2048, Block A, Lot 3 and Plan 072 2234, Block A, Lot 4.
2.2.
Permitted and Discretionary Uses
Permitted Uses
-
Art studio
-
Business support service
establishment
-
Financial service
-
Government service
-
Health service
-
Home office
-
Home occupation - minor
-
Hotel / Motel
-
Household repair service
-
Libraries and cultural exhibit
-
Mixed-use development
-
Office use
-
Personal service shop
-
Pet store and grooming
-
Restaurant
-
Retail store - Convenience
-
Retail store - General
-
Retail store - Specialty
Buildings and uses accessory to
permitted uses
Discretionary Uses
-
Alcohol sale
-
Amusement establishment - Indoor
-
Bed and breakfast establishment
-
Boarding and lodging house
-
Commercial school
-
Child care facility
-
Rental establishment
-
Private club
-
Public use
-
Public utility (no office or workshop)
-
Veterinary clinic and animal hospital -
Small animal
Buildings and uses accessory to discretionary
uses
2.3.
Subdivision Regulations
i.
Minimum site area and dimensions shall be at the discretion of the Subdivision Authority or
Development Authority, as the case may be, who, in making their determination, shall
consider internal traffic circulation, off-street parking and loading, landscaping, on-site
storage, adjacent land uses and the required building setbacks.
Bylaw 16/2023
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2.4.
Development Regulations
Maximum Density
160 dwelling units per hectare (65 du/ac)
Maximum floor area ratio
2.0
Maximum building height
15.85 m (52.0 ft.) or five storeys, whichever is
greater.
Minimum required front, side and rear
yard setback
At the discretion of the Development Authority
i.
Site and Architectural Appearance
The siting and architectural appearance of all developments and the landscaping of the site
shall be to the satisfaction of the Development Authority in order that there shall be general
conformity in such matters with adjacent developments and that there may be adequate
protection afforded to the amenities of any adjacent residential uses.
ii.
Landscaping
When a commercial use is proposed adjacent to a Residential District, a landscaped buffer
shall be provided on the site of the commercial use between the commercial use and the
Residential District in accordance with Section 3.5.
iii.
Outdoor Storage
No outdoor storage shall be allowed in the DC-4-1 District, even as an accessory use to a
permitted or a discretionary use which is allowed.
iv.
Residential and Commercial Entrances
A separate entrance feature is not required if there is a lobby or similar area allowing for
separate unrestricted access to both commercial and residential units.
v.
Garbage, Grease and Recycling Containment
Combined waste, grease and recycling containment for residential and commercial units shall
be provided and may be located in the front or the rear of the site to the satisfaction of the
Development Authority.
vi.
Vehicular Access
Direct Access shall be allowed from a rear lane for the purpose of parking.
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7. Parking Standards
Parking shall contain at minimum:
Residential Uses
Minimum Number of Parking Spaces
Apartments and dwelling
units contained in mixed-
use buildings.
-
1 space per bachelor suite;
plus
-
1.25 spaces per 1 bedroom
unit; plus
-
1.5 spaces per 2-bedroom
unit; plus
-
2 spaces per 3 or more-
bedroom unit; plus
-
1 space per 12 dwelling units
for visitor parking
Commercial Uses:
-
1 space per 60 m² of gross
floor area or 1 stall per 8
seats, whichever is greater.
8. Loading
I.
Where a proposed development will, from time to time, require pick-up or delivery of
commodities, adequate space for loading and unloading shall be provided and
maintained on site.
II.
A loading space shall be designed and located such that the vehicles using it can be
parked and can maintain an unobstructed line of sight.
III.
A loading space may not be located within a minimum required yard.
IV.
A minimum of one loading stall for residential and commercial loading shall be provided
per building with 20 or more units.
9.
Conformity with Bylaw
Unless otherwise provided for in the DC-4-1 District, development shall conform to all other
provisions of this Bylaw and any other statutory plan in effect.
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3.0
Site Specific Non-Vehicular-Oriented General Commercial (DC-4-2) District
3.1.
Purpose
The purpose of this District is to provide for the direct control of a full range of non-drive-
through oriented retail and service establishments to serve residents of the community and the
trading area, given the access constraints to the site legally described as Plan 852 0352, Block 1,
Lot 12.
3.2.
Permitted and Discretionary Uses
Permitted Uses
-
Art studio
-
Business support service
establishment
-
Contractor service - Limited
-
Financial service
-
Government service
-
Health service
-
Home office
-
Household repair service
-
Libraries and cultural exhibit
-
Office use
-
Personal service shop
-
Pet store and grooming
-
Restaurant
-
Retail store - Convenience
-
Retail store - General
-
Retail store - Specialty
Buildings and uses accessory to permitted
uses
Discretionary Uses
-
Alcohol sale
-
Amusement establishment - Indoor
-
Child care facility
-
Commercial school
-
Rental establishments
-
Gas bar
-
Home occupation - minor
-
Hotel / Motel
-
Licenced drinking establishment
-
Live/Work unit
-
Mixed-use development
-
Private club
-
Public use
-
Public utility (no office or workshop)
-
Recreational facility
-
Shopping centre
-
Theatre
-
Veterinary clinic and animal hospital -
Small animal
Buildings and uses accessory to discretionary
uses
3.3.
Subdivision Regulations
1.
Minimum site area and dimensions shall be at the discretion of the Subdivision Authority or
Development Authority, as the case may be, who, in making their determination, shall
consider internal traffic circulation, off-street parking and loading, landscaping, on-site
storage, adjacent land uses and the required building setbacks.
3.4.
Development Regulations
Maximum floor area ratio
1.0
Minimum required front, side and rear
yards
At the discretion of the Development
Authority
Maximum building height
14.63 m (48.0 ft.) or three storeys, whichever
is greater.
Bylaw 13/2016
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i.
Site and Architectural Appearance
The siting and architectural appearance of all developments and the landscaping of the site shall be
to the satisfaction of the Development Authority in order that there shall be general conformity in
such matters with adjacent developments and that there may be adequate protection afforded to the
amenities of any adjacent residential uses.
ii.
Landscaping
When a commercial use is proposed adjacent to a Residential District, a landscaped buffer shall be
provided on the site of the commercial use between the commercial use and the Residential District
in accordance with Section 3.5.
iii.
Outdoor Storage
No outdoor storage shall be allowed in the DC-4-2 District, even as an accessory use to a permitted or
a discretionary use which is allowed.
iv.
Conformity with Bylaw
Unless otherwise provided for in the DC-4-2 District, development shall conform to all other
provisions of this Bylaw and any other statutory plan in effect.
v.
Decision Making Authority
Notwithstanding Section 0, Council shall be the Development Authority for Discretionary Uses.
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8.4.5.
Direct Control - Cœur de Morinville Residential (DC-C) District
1.1.
Purpose
The purpose of this District is to provide for the creation of site-specific land use regulations in
respect of sites within the Cœur de Morinville Area Structure Plan boundary where appropriate
higher density residential redevelopment or infill development is proposed in predominantly
low density single detached housing neighbourhoods, having regard to existing surrounding
development and to the interest of the applicant and the public.
This District shall be applied to a site through an amendment to this Bylaw which shall be
identified as provided herein as DC-C-1, DC-C-2 or DC-C-3, as the case may be, in accordance
with the Cœur de Morinville Area Structure Plan; or, where circumstances relating to the
development are such that the provisions of the three Districts would be inappropriate or
inadequate, site specific amendments may be added in sequence provided those amendments
are in accordance with the Cœur de Morinville Area Structure Plan and other statutory plans in
effect.
When this District is applied to a site, the use of the site and the development regulations for
the site shall be in conformity with the Cœur de Morinville Area Structure Plan, and the
development proposal shall be prescribed in the amending Bylaw for the newly created DC-C
District, with the exception of the DC-C-1 District, which does not need to prescribe the
development proposal for a single detached dwelling.
1.2.
Development Permit Procedures
An application for a development permit for the use and development of a site within the DC-C
District shall be in general conformity in all respects as described herein with the development
proposal prescribed in the amending Bylaw for the site pursuant to Section 1.6 of this Bylaw. At
the discretion of the Development Authority:
-
aspects including but not limited to site coverage, yards, building height, and floor area shall
be in conformity with the proposal herein described, and
-
aspects including but not limited to exterior finishing materials, colour, and architectural
detailing may differ provided that the aesthetic quality and integrity of the conceptual plans
are not reduced or degraded.
Where any aspect of an application for a development permit does not conform to the
provisions of this Section, the Development Authority shall not approve the application for a
development permit.
Decisions on development permit applications in this District shall be made by the Development
Officer acting as Development Authority in accordance with Section 2.5 of this Bylaw.
Notwithstanding Subsection 0 herein, for any use and development approved under this Section,
an application for accessory development shall be reviewed by the Development Authority in
accordance with the provisions of this Bylaw.
Notwithstanding Subsection 0, decisions on development permit applications in the DC-C-1
District are exempt from Subsection 0 herein.
Bylaw 8/2013
Bylaw 9/2015
Bylaw 21/2016
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2.0
Cœur de Morinville Single Detached Residential (DC-C-1) District
2.1.
Purpose
The purpose of this District is to provide for the site-specific direct control of single detached
dwelling developments on substandard lots in the Low Density Residential Designation
neighbourhoods (Character Area D) within the Cœur de Morinville Area Structure Plan boundary.
2.2.
Permitted and Discretionary Uses
Permitted Uses
-
Home occupation - minor
-
Home office
-
Public park
-
Accessory dwelling unit
-
Single detached dwelling
Buildings and uses accessory to
permitted uses
Discretionary Uses
-
Bed and breakfast establishment
-
Child day home
-
Group home
-
Home occupation - major
-
Public utility (no office or workshop)
-
Show home
Buildings and uses accessory to discretionary
uses
2.3.
Subdivision Regulations
i. Minimum site area and dimensions are at the discretion of the Subdivision Authority, in
consideration of the minimum requirements of the R-1A District.
2.4.
Development Regulations
Maximum site coverage
40%
Minimum required front yard
setback
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no less than 6.1 m (20.0 ft.)
Minimum required side yard
setback
20% of site width with at least 1.2 m (3.9 ft.)
per side; or
1.2 m (3.9 ft.) where a carport is attached; or
3.0 m (9.8 ft.) on one side yard where a site has
vehicular access from the front only and no
attached garage or carport is provided; or
As required per Section 3.8 for corner sites.
Minimum required rear yard
setback
At the discretion of the Subdivision Authority,
having regard for the amenities of the
neighbourhood in which the site is located.
Maximum building height
10.0 m (32.8 ft.) and 2-½ storeys
Minimum floor area
Single detached dwelling - 92.9 m² (1000 sq. ft.)
Other uses - at the discretion of the
Development Authority
Bylaw 21/2016
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i. Site and Architectural Appearance
Without limiting the applicability of any other provision of this Bylaw, the Development
Authority shall, in reviewing an application for a development permit, pay particular
attention to Section 3.6 - Architectural Standards; specifically that any proposed
development shall be in conformity with the Municipal Development Plan, Cœur de
Morinville Area Structure Plan, and any other plan or document approved by Council
relating to site and architectural appearance.
2.5.
Additional Regulations
i. Conformity with Bylaw
Unless otherwise provided for in the DC-C-1 District, development shall conform to all other
provisions of this Bylaw and any other statutory plan in effect.
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3.0
Cœur de Morinville Two-Unit Residential (DC-C-2) District
3.1.
Purpose
The purpose of this District is to provide for the direct control of residential development in the
form of duplex-side-by-side and stacked housing in the Low-Density Residential Designation
neighbourhoods (Character Area D) within the Cœur de Morinville Area Structure Plan boundary.
3.2.
Permitted and Discretionary Uses
Permitted Uses
-
Duplex - side-by-side
-
Duplex - stacked
-
Home occupation - minor
-
Home office
Buildings and uses accessory to permitted
uses
Discretionary Uses
-
Bed and breakfast establishment
-
Child day home
-
Group home
-
Home occupation - major
-
Accessory dwelling unit
Buildings and uses accessory to discretionary uses
3.3.
Subdivision Regulations
Minimum site depth
33.5 m (110.0 ft.)
Minimum site width
Duplex - Stacked
Internal sites - 12.2 m (40.0 ft.)
Corner sites - 13.7 m (45.0 ft.)
Duplex - Side-by-side
Internal sites - 7.62 m (25.0 ft.)
Corner sites - 10.25 m (33.7 ft.)
Minimum required frontage
6.1 m (20.0 ft.)
Minimum site area
Duplex - Stacked
408.7 m² (4,400.0 sq. ft.)
Duplex - Side-by-side
Internal sites - 255.3 m² (2,747.8 sq. ft.)
Corner sites - 343.4 m² (3,696.5 sq. ft.)
i. Where a duplex dwelling unit is situated on one parcel of land and a subdivision is being
considered to subdivide the dwelling unit into two titles, the Subdivision Authority may
require as a condition of the approval of the subdivision that an easement be registered in
the form of a caveat on the certificates of titles of both of the new lots concurrent with
registration of the instrument implementing the subdivision to provide for maintenance and
repairs to the structure and/or exterior of the building.
Bylaw 9/2015
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3.4. Development Regulations
Maximum site coverage
40%
Minimum required front yard setback
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no less than 6.1 m (20.0 ft.)
Minimum required side yard setback
20% of site width with at least 1.5 m (4.9 ft.)
per side; or
1.2 m (3.9 ft.) where a carport is attached; or
3.0 m (9.8 ft.) on each side yard where a site
has vehicular access from the front only and no
attached garage or carport is provided; or
As required per Section 3.8 for corner sites.
Minimum required rear yard setback
7.6 m (24.9 ft.)
Maximum building height
10.0 m (32.8 ft.) and 2-½ storeys
Minimum floor area
Duplexes - 83.5 m² (900 sq. ft.)
Other uses - at the discretion of the
Development Authority
i. Parking and Access
The Development Authority shall, in reviewing an application for development, pay particular
attention to Section 6.7.6.7. For corner sites with access to a lane, the Development
Authority may, upon taking into consideration the character of the neighbourhood in which
the site is located, the location and width of nearby accesses, and its location with respect to
street hardware and trees, also allow access from the side line adjacent to the road.
Where a lane is located adjacent to a site used for residential purposes, front attached
garages shall not be allowed.
ii. Site and Architectural Appearance
Without limiting the applicability of any other provision of this Bylaw, the Development
Authority shall, in reviewing an application for a development permit, pay particular attention
to Section 3.6 - Architectural Standards; specifically that any proposed development shall be
in conformity with the Municipal Development Plan, Cœur de Morinville Area Structure Plan,
and any other plan or document approved by Council relating to site and architectural
appearance.
3.5.
Additional Regulations
i. Conformity with Bylaw
Unless otherwise provided for in the DC-C-2 District, development shall conform to all other
provisions of this Bylaw and any other statutory plan in effect.
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ii. Site Specific Amendments and Development Proposals
Pursuant to Subsections 1.1 and 0 hereof, use and development regulations for a site in the
DC-C-2 District, and any site specific regulations, shall be as per the prescribed development
proposal attached to the amending Bylaw and as follows:
a.
10016 97 Avenue (Lot 17, Block 6, Plan 802 1129) - Bylaw 9/2015. For this site only:
-
Notwithstanding Subsection 3.2 hereof, an accessory dwelling unit shall be a
Permitted Use in the DC-C-2 District.
-
Notwithstanding Sections 4.1.10.3 and 4.1.10.4, a detached garage shall provide a
minimum required flanking side yard of 1.0 m (3.3 ft.) and a minimum required rear
yard of 7.6 m (24.9 ft.).
b.
9702 - 101 Street (Lot 1, Block 5, Plan 7406 AX) - Bylaw 13/2015. For this site only:
-
Notwithstanding Subsection 3.4 hereof, the minimum required rear yard shall be
7.3 m (23.9 ft.).
c.
10110 - 103 Street (Part of Block A, Plan 7731R) - Bylaw 28/2015. For this site only:
- Notwithstanding Subsection 3.3 hereof, the minimum required lot depth shall be
31.73 m (104.10 ft.).
Bylaw 9/2015
Bylaw 13/2015
Bylaw 28/2015
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4.0
Cœur de Morinville Medium Density Residential (DC-C-3) District
4.1.
Purpose
The purpose of this District is to provide for the direct control of residential development in the
form of medium density, ground oriented, multiple dwelling developments in the Medium/High
Density Residential Designation neighbourhoods (Character Area C) within the Cœur de
Morinville Area Structure Plan boundary.
4.2.
Permitted and Discretionary Uses
Permitted Uses
-
Ground-oriented multiple unit dwelling
-
Home office
Buildings and uses accessory to permitted
uses
Discretionary Uses
-
Boarding and lodging house
-
Group home
-
Home occupation - major
-
Home occupation - minor
-
Supportive housing
Buildings and uses accessory to discretionary
uses
4.3.
Subdivision Regulations
Minimum site area
760.0 m² (8,180.6 sq. ft.)
i.
Where a ground-oriented multiple unit dwelling is situated on one parcel of land and a
subdivision is being considered to subdivide the dwelling unit into two or more titles, the
Subdivision Authority may require as a condition of the approval of the subdivision that an
easement be registered in the form of a caveat on the certificates of titles of all of the new
lots concurrent with registration of the instrument implementing the subdivision to provide
for maintenance and repairs to the structure and/or exterior of the building.
4.4.
Development Regulations
Maximum site coverage
40%
Maximum density
54.0 dwelling units per hectare (21.9 du/ac.)
Minimum required front yard setback
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no less than 7.6 m (24.9 ft.); or
3.0 m (9.8 ft.) where a site has vehicular access
from a lane or side line only and no front
attached garages are provided.
Minimum required side yard setback
2.3 m (7.6 ft.); or
As required per Section 3.8 for corner sites.
Minimum required rear yard setback
At the discretion of the Development Authority,
having regard for the amenities of the
neighbourhood in which the site is located; but
no less than 7.6 m (24.9 ft.).
Maximum building height
10.0 m (32.8 ft.) and 2-½ storeys
Minimum floor area, per dwelling unit
Ground-oriented multiple unit dwellings - 51.1
m² (550.0 sq. ft.)
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Other uses - at the discretion of the
Development Authority
Minimum landscaping
35% of site area
Amenity Areas
Where more than two (2) dwelling units are to be
provided, amenity areas shall be provided in
accordance with Section 3.11.
i. Parking and Access
The Development Authority shall, in reviewing an application for development, pay particular
attention to Section 6.7.6.7. For corner sites with access to a lane, the Development
Authority may, upon taking into consideration the character of the neighbourhood in which
the site is located, the location and width of nearby accesses, and its location with respect to
street hardware and trees, also allow access from the side line adjacent to the road.
Where a lane is located adjacent to a site used for residential purposes, front attached
garages shall not be allowed.
ii. Site and Architectural Appearance
Without limiting the applicability of any other provision of this Bylaw, the Development
Authority shall, in reviewing an application for a development permit, pay particular attention
to Section 3.6 - Architectural Standards; specifically that any proposed development shall be
in conformity with the Municipal Development Plan, Cœur de Morinville Area Structure Plan,
and any other plan or document approved by Council relating to site and architectural
appearance.
4.5.
Additional Regulations
i. Conformity with Bylaw
Unless otherwise provided for in the DC-C-3 District, development shall conform to all other
provisions of this Bylaw and any other statutory plan in effect.
ii. Site Specific Amendments and Development Proposals
Pursuant to Subsections 1.1 and 0 hereof, use and development regulations for a site in the
DC-C-3 District, and any site specific regulations, shall be as per the prescribed development
proposal attached to the amending Bylaw and as follows:
a.
10011 103 Street (Lot 92, Plan RN8) - Bylaw 7/2021. For this site only:
-
Notwithstanding Subsection 5.2 hereof, an accessory dwelling unit shall be a
Permitted Use in the DC-C-3 District.
Bylaw 7/2021
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8.4.6.
Direct Control - Transition (DC-T) District
1.0
Purpose
This land use district is to be applied to properties, as determined by the Municipality, that are in a
transition area generally or are in transition themselves and require use and/or development provisions
to accommodate appropriate uses and developments in the immediate and/or medium term while
ensuring consistency and fit with longer-term future uses and developments envisioned for the area or
the properties themselves.
The properties or areas within this land use district are considered to be unique or of special character
or where particular circumstances, opportunities or difficulties are present, particularly in relation to
surrounding uses/developments. This land use district is also intended to ensure that land use and
development occurs in these areas in accordance with any applicable provisions prescribed for such
areas in any statutory plan in effect or to be put in effect (e.g. an area structure plan or area
redevelopment plan) to specifically guide the implementation/administration of this land use district.
Pursuant to the relevant sections of the Municipal Government Act and this Bylaw, applications under
this district will be received, considered and decided upon by the Council.
2.0
Permitted and Discretionary Uses
As prescribed by Council in accordance with Subsection 1.0 hereof.
3.0
Application Requirements
Notwithstanding any development permit application requirements to the contrary in this Bylaw, and in
addition to any subdivision application requirements specified under Section 4, Part 1 of the Act's
Subdivision and Development Regulation or any policies of the Municipality related to subdivision
application requirements adopted pursuant thereto, in addition to Section 2.4 the Development Officer
may specify the following additional application requirements in the case of an application within this
District:
i.
Provide a geotechnical analysis or any other engineering, environmental or technical
assessment/information it considers necessary to properly evaluate the application to determine if
the subject land is suitable for and can physically support/sustain the proposed use, subdivision or
development in question. The Development Officer shall ensure that the
analysis/assessment/information they require is prepared/substantiated by qualified persons
licenced to practice in the Province of Alberta.
ii.
To the level of detail determined by the Development Officer, applicants shall fully disclose the
precise nature and extent of the proposed use, subdivision and/or development, including intended
hours of operation, so that their applications can be thoroughly evaluated in accordance with this
District.
iii.
Undertake, or require that the applicant undertake in a manner satisfactory to them, a Conceptual
Scheme pursuant to the Act and its Subdivision and Development Regulation. The Conceptual
Scheme, which must be undertaken by a qualified person, must be prepared and adopted in
accordance with the provisions of any statutory plan in effect.
iv.
Undertake, or require that the applicant undertake in a manner satisfactory to them, a polling of
the adjacent properties to assist in the comprehensive evaluation of the application.
Bylaw 2/2014
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v.
Provide a Surveyor's Certificate or Real Property Report, signed by an Alberta Land Surveyor,
relating to the building(s) that is (are) the subject of the development permit application.
The Development Officer shall review all applications for development permits and subdivisions within
this District and shall determine whether or not the submitted applications are complete.
Prior to determining whether or not the submitted applications are complete, the Development Officer
may refer to Council for direction on additional application requirements pursuant to Subsection 0
herein.
4.0
Subdivision/Development Application Referrals
Upon receipt of a completed application pursuant to this District, the Development Officer may, prior to
Council making a decision, refer the application to any municipal department, an adjacent municipality,
or any other external agency for comment. Council shall consider but shall not be bound by the
comments it receives.
At some point, as determined by the Development Officer, the Development Officer shall, prior to
Council making a decision, provide public notice, through means and to whom it considers necessary,
that a decision regarding an application pursuant to this District is to be made, and that an opportunity
will be afforded to any interested person to make representation on the application. Council shall take
into account but shall not be bound by any such representations made when giving final consideration to
the application.
If an application is referred to an adjacent municipality pursuant to Subsection 0 hereof, the decision
made with respect to the application referred shall take into account the direct and indirect effects of
the proposed subdivision or development on the immediate and surrounding areas as well as the future
development/subdivision of the adjacent municipality as may be outlined in their Municipal
Development Plan or Land Use Bylaw.
5.0
General Provisions
In evaluating and deciding upon a proposed land use, subdivision or development, the Council shall:
i.
consider the existing use of the land as well as the existing and future use of the surrounding
lands,
ii.
have regard for but not be bound by the land use regulations of adjoining land use districts as well
as the general and special use provisions, as contained elsewhere in this Bylaw, and
iii.
comply with the Act, Subdivision and Development Regulation as well as any statutory plan and/or
Conceptual Scheme in effect specifically for the purpose of directing the
implementation/administration of this land use district.
5.1.
All parcel regulations shall be as determined by the Council who, in determining such
regulations, shall consider all information it obtains pursuant to the provisions of this land use
district and comply with any applicable provisions of any statutory plan or Conceptual Scheme in
effect.
5.2.
No activity may be undertaken that would, in the opinion of Council, unduly interfere with the
amenities or materially interfere with or affect the use, enjoyment or value of neighbouring
properties by reason of excessive noise, smoke, steam, odour, glare, dust, vibration, refuse
matter or other noxious emissions or containment of hazardous materials.
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5.3.
The design, external finish, architectural appearance, siting, landscaping, screening and
buffering of any building(s) or structure(s) shall be to the satisfaction of Council so that there
shall be general conformity in such matters with respect to adjacent buildings, adequate
protection afforded to the amenities of the adjacent residential properties and any
objectionable aspects or potential incompatibility with other uses and developments in adjacent
land use districts is or can be minimised.
5.4.
The Council may approve, with or without conditions, or refuse the application, giving reasons
for the refusal.
5.5.
The Council may also:
i.
as a condition of approval, require that the developer enter into a development
agreement with the Municipality pursuant to the Act and this Bylaw. To ensure
compliance with the conditions in the agreement, the Municipality may be protected by
caveat registered in favour of the Municipality;
ii.
as a condition of approval, require financial guarantees, in a form and an amount
acceptable to the Municipality, from the applicant to secure performance of any of the
conditions of the approval;
iii.
as a condition of approval, require that a development be screened from public
thoroughfares and adjacent residential uses by a solid wall, fence or other means in a
manner and to a height satisfactory to them;
iv.
as a condition of approval, require any other matters Council considers necessary,
including but not limited to those provided for in Section 2.6, to ensure the development
does not unduly interfere with the amenities of the neighbourhood or materially interfere
with or affect the use, enjoyment or value of neighbouring parcels; and/or,
v.
revoke an approval in the case where satisfactory arrangements have not been made by a
developer for the supply of water, sewerage and road access, or any of them, including
payment of the costs of installing or constructing any such utility by the developer.
5.6.
The Council may issue a temporary development permit where the Council is of the opinion that
the proposed use is of a temporary nature.
5.7.
If at any time, in the opinion of Council, any of the provisions of this Section 8.4.3.9.0 have not
been complied with, the Council may use the enforcement mechanisms available under the Act
and this Bylaw.
5.8.
For any use approved by Council under this Section, Council delegates future accessory
development to the discretion of the Development Officer, who may apply such conditions of
approval to an accessory development as considered necessary.
Bylaw 12/2012
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A.
SCHEDULE A - REGULATORY OVERLAY PROVISIONS
a. 103 STREET
i. Purpose
1. The purpose of the 103 Street Overlay is to regulate uses and development in the block of
103 (Jacques Cartier) Street between 100 (Grandin) Avenue and 101 (Laval) Avenue where a
mixture of residential and commercial uses are contemplated. Because of this mixture, there
is a concern that incompatible uses and developments may take place, thereby resulting in
conflicts which reduce the quality of the residential and commercial environments of the
Municipality. These additional regulations are designed to reduce the potential for such
conflicts.
ii. Location
1. The area affected by the 103 Street Overlay is shown on the map attached and identified as
Map A-1.
iii. Additional Regulations for Residential Developments
Notwithstanding any other provision of this Bylaw to the contrary, the following additional
regulations shall apply to all residential developments within the 103 Street Overlay, except
those which are located above ground level commercial developments:
1. Except for stacked multiple dwellings, the minimum required front yard shall be 12.5 m (41
ft.).
2. The front yard shall be landscaped with trees and shrubs, to the satisfaction of the
Development Authority. The landscaping shall be designed to limit the visibility of the
residential development from the street and of any commercial development on the other
side of 103 Street from the residential development.
3. All other yards adjacent to commercial developments or lands located within a Commercial
District shall be landscaped with trees, shrubs and fences, to the satisfaction of the
Development Authority. The landscaping shall be designed to limit the visibility of any
commercial development from the residential development and vice versa.
4. There shall be no relaxation or variance of the required minimum number of parking spaces
provided.
iv. Additional Regulations for Commercial Developments
Notwithstanding any other provision of this Bylaw to the contrary, the following additional
regulations shall apply to all commercial developments within the 103 Street Overlay:
1. The minimum required front yard shall be 7.6 m (24.9 ft.).
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2. Except for staff and customer parking, there shall be no outdoor storage of any goods,
materials, or vehicles.
3. All yards adjacent to residential developments or lands located within a Residential District
shall be landscaped with trees, shrubs and fences, to the satisfaction of the Development
Authority. The landscaping shall be designed to limit the visibility of any residential
development from the commercial development and vice versa.
4. The following uses, listed as Permitted or Discretionary Uses in either the C-1 or the C-2
District, shall not be allowed:
-
Amusement establishments
-
Drive-through businesses
-
Exhibition and convention facilities
-
Fleet services
-
Gas bars
-
Hotels / Motels
-
Licenced drinking establishments
-
Off-street parking lots
-
Recreational facilities
-
Restaurants
-
Service stations
-
Shopping centres
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Map A-1
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B.
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