This is the exact embedded text of the captured official document.
Snapshot 3c9fa3c2ab82 · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
MOUNTAIN VIEW COUNTY
BYLAW NO. 10/24
LAND USE BYLAW
Mountain View County
Province of Alberta
Bylaw No. 10/24
A BYLAW OF MOUNTAIN VIEW COUNTY IN THE PROVINCE OF ALBERTA TO ADOPT A LAND
USE BYLAW.
SECTION 1 - SHORT TITLE AND PURPOSE
1.01
This Bylaw may be cited as the "Mountain View County Land Use Bylaw".
1.02
Section 640 of the Municipal Government Act requires that every municipality
must pass a Land Use Bylaw.
1.03
The purpose of this Bylaw is to facilitate the orderly, economical and beneficial
development and use of land and buildings within the County, and for that purpose
the Bylaw, among other things:
a)
divides the County into land use districts;
b)
prescribes and regulates, for each land use district, the purpose for which
the land and buildings may be used;
c)
establishes the roles of the Approving Authorities;
d)
establishes the method of making decisions on applications for
redesignation, subdivision and development permits, including the issuing
of development permits;
e)
sets out the method of appealing a decision relative to this bylaw; and
f)
provides the manner in which notice of the issuance of a development
permit is given.
1.04
The Bylaw is consistent with the Municipal Government Act (hereinafter referred
to as "the Act"), as amended from time to time.
1.05
The Bylaw is consistent with the County's Municipal Development Plan (MDP), as
amended from time to time, and shall be applied in a manner that serves to
implement statutory plans and local plans which have been adopted by the
County, and among other things, to support and protect existing agricultural
operations and the 'right to farm'.
1.06
This Bylaw shall be used in conjunction with Policies and Procedures as adopted
and amended by Council from time to time.
SECTION 2 - ENACTMENT
2.01
The Council of Mountain View County does hereby adopt the Mountain View
County Land Use Bylaw which is attached as Schedule A and forms part of this
bylaw.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
2
SECTION 3 - TRANSITION
3.01
All redesignation, subdivision and development applications received in a
complete form prior to the effective date of this Bylaw shall be processed and
considered based on the regulations in effect consistent with Bylaw No. 21/21,
unless prior to a decision being made on the application, the County receives a
duly signed amended application requesting that said subdivision, redesignation,
or development application be processed and considered based on the
regulations of this Bylaw.
3.02
The aforementioned amendment application for subdivision, redesignation or
development permit received by the County, prior to the effective date of this
Bylaw, may be made free of any otherwise applicable fees for amendment.
3.03
All redesignation, subdivision or development applications received on or after the
effective date of this Bylaw shall conform to the provisions of this Bylaw and
applicable statutory plans.
SECTIONS 4 - REPEAL OF BYLAW
4.01
Mountain View County Land Use Bylaw No. 21/21 and amendments thereto are
hereby repealed.
SECTION 5 - EFFECTIVE DATE
5.01
This Bylaw shall come into effect at such time as it has received third reading and
has been signed in accordance with the Municipal Government Act.
Read the first time this 13th day of March 2024,
Read the second time this 22nd day of May 2024,
Read the third time this 22nd day of May 2024.
_________________________________
_________________________________
Reeve
Chief Administrative Officer
_________________________________
Date of Signing
May 27, 2024
+
Land Use Bylaw
Bylaw No. 10/24
Schedule A
Consolidated March 20, 2026
Note: All persons making use of the consolidation are reminded that it has no legislative sanction, that
the amendments have been embodied for convenience of reference only, and that the original
bylaw should be consulted for all purposes of interpreting and applying the bylaw.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
2
Amended by the Following:
Bylaw No. 05/25 on May 21, 2025
Bylaw No. 01/26 on March 12, 2026
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
3
User Guide
The following is intended for information only and does not form part of the
Mountain View County Land Use Bylaw.
The Land Use Bylaw establishes regulations for the use of land and buildings in
Mountain View County. It regulates the type, location and intensity of land use
and buildings, and also outlines the process for rezoning land and applying for
permits to develop property.
The Land Uses Bylaw reflects only County regulation and policy, including Mountain
View County's Municipal Development Plan. Other Bylaws, regulations and Acts
of the County and governments of Alberta and Canada must also be observed.
These are referenced in the Land Use Bylaw where possible, but it is up to the
individual to ensure that relevant laws are observed.
As a reference document, the Land Use Bylaw's Table of Contents is an
important index. The Bylaw is organized in five (5) parts which group sections
with related information. The five (5) parts are as follows:
PART 1: ADMINISTRATION contains basic information on the legal framework of the
Bylaw and this guide on how to use the Bylaw and the definition of important terms,
which include all the uses regulated by the Land Use Bylaw, as well as information
on how to interpret the Bylaw regulations.
PART 2: PLANNING & DEVELOPMENT APPLICATIONS provides information on the
County's procedures related to redesignation, subdivision and development
applications, and amendment processes.
PART 3: ENFORCEMENT AND APPEALS contains information on enforcement of
the Land Use Bylaw and the development appeal process.
PART 4: RULES GOVERNING ALL DISTRICTS contains regulations for all uses and
development types that apply in many base districts. These regulations generally
supplement those in the PART 5 and are generally cross referenced.
PART 5: LAND USE DISTRICTS contains Land Use District Maps and general
subdivision and development standards for each district. Overlays address items
that may apply to specific areas in the County. The Official Land Use District Maps
identify overlays as well as the base districts.
Along with this Land Use Bylaw, the "Mountain View County Business, Commercial, and
Industrial Design Guidelines" as well as other County policies and procedures shall be
considered.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
4
Using the Land Use Bylaw to Determine Zoning and Regulations for a Specific
Parcel
1.
To determine regulations applicable to a specific parcel, you must first find the
parcel on the official Land Use District Maps. The appropriate map will show the
base district that applies to the parcel. It will also show if the parcel is subject to
any overlay.
2.
Look up the corresponding regulations. Start with the Land Use Districts (PART 5).
The base district identifies what uses are permitted or discretionary and contains
most standards that apply. These development regulations can help guide the
preparation of a subdivision and/or development plan. Some uses and types of
development have specific regulations contained in Part 4. It is a good idea to
check other sections in PART 5 to confirm if any apply to your situation, although
such instances are normally referenced in the base districts.
3.
Look up any overlay districts that may apply to your parcel by referring to the overlay
maps in Section 18.0.
4.
Refer to PART 1 and PART 2 for additional information on how to apply the
regulations to a specific parcel.
5.
For all development, the "Mountain View County Business, Commercial, and
Industrial Guidelines" adopted by Council must be incorporated.
6.
Discuss your proposed land use or development with staff from Mountain View
County's Planning and Development Department.
Using the Land Use Bylaw to Determine Where a Specific Use May Locate
To determine the districts in which a specific use may locate, you must first determine
its land use category. Use the table in PART 5 to identify the specific land use
category. Then refer to the primary use tables of PART 5 to determine the status of
that category. Categories are either permitted, or discretionary. You should also check
PART 4: Rules Governing all Districts because some uses are subject to additional
regulations.
If you require assistance with the regulations or processes contained in the Land Use
Bylaw, please call or visit Mountain View County's Planning & Development Department.
The official and most recent version of the Land Use Bylaw and amendments is located
at the County's offices. This version of the Land Use Bylaw should be consulted in all
cases where an officially certified version of the Bylaw is required.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
5
Format of Mountain View County's Land Use Bylaw
The following is intended for information only and does not form part of the Mountain
View County Land Use Bylaw.
Outline. The format of Mountain View County Land Use Bylaw follows a simple layout
intended to facilitate its use. Major divisions within the Land Use Bylaw are called
"PARTS" and major divisions within Parts are called "Sections". The format of the
divisions in the Land Use Bylaw is shown below.
PART 2 (see divider page)
5. Section
5.5
Subsection
1
Paragraph
(b)
Subparagraph
(ii) Sub-subparagraph
References in the Land Use Bylaw The reference number starts with the Section
number and continues down to the appropriate level for the reference.
Referencing Other Documents When reference is made to a document outside of the
Mountain View County Municipal Bylaws, the referenced document's name is in
italicized text, such as Municipal Government Act.
Definitions The Land Use Bylaw has been written in "plain English" style and the
meaning is intended to be clear. However, because it is also a statutory document and
because of the need for terms with specific meanings, the Bylaw also provides
guidance on how specific terms are used. PART 1: Administration, defines meaning of
terms used in this Bylaw.
If you require assistance with the regulations or processes contained in the Land Use
Bylaw, please call or visit Mountain View County's Planning & Development
Department. The official version of the Land Use Bylaw and amendments is located at
the County's office. This version of the Land Use Bylaw should be consulted in all cases
where an officially certified version of the Bylaw is required.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
6
Table of Contents
Section 1 ENACTMENT ...................................................................................12
1.1.
Title................................................................................................................................................12
1.2.
Purpose.........................................................................................................................................12
1.3.
Compliance with the Bylaw..........................................................................................................12
1.4.
Repeal of Previous Land Use Bylaw and Amendments .............................................................13
1.5.
Effective Date ...............................................................................................................................13
1.6.
Applications in Progress...............................................................................................................13
1.7.
Severability ...................................................................................................................................13
1.8.
Compliance with Other Legislation..............................................................................................13
1.9.
Non-Conforming............................................................................................................................14
Section 2 INTERPRETATION ...........................................................................15
2.1.
General Interpretation..................................................................................................................15
2.2.
Rules of Interpretation.................................................................................................................15
2.3.
Establishment of Districts............................................................................................................16
2.4.
Overlay and District Boundaries..................................................................................................16
2.5.
Definitions.....................................................................................................................................17
Section 3 APPROVING AUTHORITIES .............................................................45
3.1.
Council ..........................................................................................................................................45
3.2.
Development Officer and Designated Officer.............................................................................45
3.3.
Municipal Planning Commission .................................................................................................46
3.4.
Administrative Subdivision and Development Approving Authority ..........................................46
3.5.
Subdivision and Development Appeal Board .............................................................................46
Section 4 DEVELOPMENT APPLICATION REQUIREMENTS ...........................48
4.1.
Orderly, Economic and Beneficial Development ........................................................................48
4.2.
No Development Permit Required..............................................................................................48
4.3.
Application Requirements for Development Permit or Compliance Certificate.......................51
4.4.
Supplementary Requirements.....................................................................................................51
4.5.
Community Consultation Program ..............................................................................................51
Section 5 SUBDIVISION AND DEVELOPMENT APPROVAL PROCESS...............52
5.1.
Complete Development Permit Applications..............................................................................52
5.2.
Decision on a Development Permit Application.........................................................................52
5.3.
Conditions of a Development Permit..........................................................................................53
5.4.
Guaranteed Security Triggered by Development Permits .........................................................54
5.5.
Notice of Decision and Re-application Interval ..........................................................................55
5.6.
Issuance and Validity of Development Permits .........................................................................56
5.7
Complete Subdivision Applications.............................................................................................57
5.8
Subdivision Time Extension for Meeting Conditions..................................................................58
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
7
Section 6 AMENDMENT PROCESS.................................................................59
6.1.
Procedures for Amendments.......................................................................................................59
6.2.
Contents of an Amendment Application .....................................................................................59
6.3.
Supplementary Requirements for an Amendment Application.................................................60
6.4.
Amendment Review .....................................................................................................................60
6.5.
Advertising Requirements............................................................................................................60
6.6.
Public Hearing ..............................................................................................................................61
6.7.
Decision on Amendments............................................................................................................61
6.8.
Resubmission Interval..................................................................................................................61
Section 7 ENFORCEMENT..............................................................................63
7.1.
Contravention ...............................................................................................................................63
7.2.
Prohibitions...................................................................................................................................63
7.3.
Cancellation, Suspension or Modification ..................................................................................64
7.4.
Entry to Property Regarding Land Use, Development and Subdivision Matters......................64
7.5.
Offences and Fines ......................................................................................................................64
7.6.
Stop Orders and Enforcement.....................................................................................................65
7.7.
Sign Impoundment.......................................................................................................................66
Section 8 SUBDIVISION, DEVELOPMENT AND STOP ORDER APPEAL
PROCESS 67
8.1.
Appeal Authorities ........................................................................................................................67
8.2.
Procedure for Development Permit, Subdivision, and Stop Order Appeals.............................67
8.3.
Court of Appeal.............................................................................................................................69
Section 9 GENERAL REGULATIONS ...............................................................71
9.1.
Aerodrome Protection Zone Overlay ...........................................................................................71
9.2.
Access to Sites..............................................................................................................................79
9.3.
Accessory Buildings and Uses .....................................................................................................79
9.5.
Condominium Development ........................................................................................................80
9.6.
Confined Feeding Operations......................................................................................................81
9.7.
Corner Parcel Restrictions ...........................................................................................................81
9.8
Dwelling Density ...........................................................................................................................82
9.9.
Dwellings, Prefabricated..............................................................................................................82
9.10.
Dwelling, Secondary Detached....................................................................................................83
9.11.
Dwelling, Secondary Suite ...........................................................................................................83
9.12.
Hazard Lands................................................................................................................................84
9.13.
Relocation of Structures ..............................................................................................................89
9.14.
Servicing Requirements...............................................................................................................89
9.15.
Site Reclamation ..........................................................................................................................89
9.16.
Soil Remediation ..........................................................................................................................90
9.17.
Topsoil Management and Removal ............................................................................................90
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
8
Section 10
SPECIFIC USE REGULATIONS....................................................91
10.0.
Development Permit Application for Specific Uses ...................................................................91
10.1.
Alternative/Renewable Energy Development.............................................................................91
10.2.
Bed and Breakfast .......................................................................................................................93
10.3.
Berming.........................................................................................................................................93
10.4.
Business (Home Office, Home Based, or Contractors)..............................................................94
10.5
Cannabis Production Facility .......................................................................................................95
10.6
Cannabis Retail Sales..................................................................................................................96
10.7.
Communication Tower .................................................................................................................96
10.8
Event Centre .................................................................................................................................98
10.9.
Horticultural Uses Outside Agricultural Districts........................................................................99
10.10.
Kennel, Commercial ..................................................................................................................101
10.11.a
Aggregate Extraction/Processing..............................................................................................102
10.11.b. Mineral and Resource Extraction/Processing .........................................................................104
10.12.
Recreational Vehicle Storage Outdoor .....................................................................................105
10.13.
Religious Assembly ....................................................................................................................106
10.14
Riding Arena, Public...................................................................................................................107
10.15
Selective Logging and Tree Clearing/Clear Cutting.................................................................107
10.16.
Service Station and Gas Bar .....................................................................................................108
10.17.
Sour Gas Facility ........................................................................................................................108
10.18.
Tourist Campground ..................................................................................................................109
10.19.
Work Camp, Long Term .............................................................................................................110
Section 11
AGRICULTURAL DISTRICTS .....................................................113
11.1.
A Agricultural District .................................................................................................................113
11.2.
A(2) Agricultural (2) District.......................................................................................................115
Section 12
RESIDENTIAL DISTRICTS.........................................................117
12.1.
R-CR Country Residential District..............................................................................................117
12.2.
R-CR1 Country Residential (1) District......................................................................................119
12.3.
R-F Residential Farmstead District ...........................................................................................121
Section 13
COMMERCIAL DISTRICTS........................................................123
13.1.
C-LC Local Commercial District.................................................................................................123
14.1.
I-BP Business Park District........................................................................................................125
14.2.
I-HI Heavy Industrial District......................................................................................................127
14.3
AEP Aggregate Extraction/Processing District .........................................................................130
Section 15
PARKS AND RECREATION DISTRICTS ....................................135
15.1.
P-PC Parks and Conservation District.......................................................................................135
15.2.
P-PR Parks and Recreation District ..........................................................................................137
15.3
P-PCR Parks and Comprehensive Recreation District ............................................................141
Section 16
PUBLIC SERVICE DISTRICTS ...................................................145
16.1.
S-IEC Institutional, Educational and Cultural District ..............................................................145
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
9
16.2.
S-AP Airport District....................................................................................................................148
Section 17
DIRECT CONTROL....................................................................150
17.1.
Establishment of Direct Control Districts .................................................................................150
17.2.
Ralnor Direct Control District Regulations - NE & NW 24-29-6-5 (DC Area 1).......................151
17.3.
May City Hutterite Colony Direct Control Regulations - SW 10-33-27-4 (DC Area 2) ............154
17.4.
Direct Control District Regulations - N ¼ 21-32-6-5 (DC Area 3/ Crystal Water Wellness
Retreat)
.....................................................................................................................................................158
17.5
Direct Control District Regulations - SE 28-33-1-5 ..................................................................159
17.6
Direct Control District Regulations - NW 10-33-1-5 Plan 9111348 Lot 2...............................162
17.7
Direct Control District Regulations - Plan 0714705 Block 1 Lot 1.........................................165
17.8
Fallentimber Rediscovery Centre Direct Control District Regulations - NE 3-31-5-5 ............168
17.9
Direct Control District Regulations - SW 18-32-1-5.................................................................173
17.10
DC District Regulations - Part of Plan 9710258, Block 1 within the SW 17-31-28-4...........176
17.11
Direct Control District Regulations - SE 1-33-2-5 ....................................................................180
17.12
Direct Control District Regulations - Part of SE 27-29-5-5......................................................183
17.13
Direct Control District Regulations - Plan 9611732 Lot 1......................................................189
17.14
Direct Control District Regulations - NW 35-32-6-5.................................................................192
17.15
Direct Control District Regulations -The North 370 ft of the West 585 ft of NW 28-30-27-4 .....
195
17.16
Direct Control District Regulations - Part of SE 20-32-28-4 ...................................................198
17.17
Direct Control District Regulations - Federally and/or Provincially Licensed Cannabis
Production Facility - Southeast Portion of Plan 1210814 Block 1 Lot 2 and Southwest Portion of NE
20-30-4-5 .....................................................................................................................................................201
17.18
Direct Control District Regulations - Lot 2, Plan 9312585 and East ½ 12-30-1-5...............208
17.19
Direct Control District Regulations -SE 22-29-29-4 ...............................................................219
17.20
Direct Control District Regulations - Plan 1611975, Block 1, Lot 1 and a Portion of SW 2-30-
4-5
.....................................................................................................................................................224
17.21
Direct Control District Regulations - NW 1-32-2-5..................................................................228
Section 18
LAND USE DISTRICT MAPS ...........................................................i
APPENDIX A ...................................................................................................xxvii
LIST OF TECHNICAL STUDIES......................................................................................................................xxvii
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
10
LIST OF MAPS
ALSO AVAILABLE ONLINE
LIST OF SCHEDULES
Schedule 1a - Olds-Didsbury Airport Height Limitation.............................................................................74
Schedule 1b - Olds-Didsbury Airport Noise Exposure Projection..............................................................75
Schedule 2a - Sundre Height Limitation ...................................................................................................76
Schedule 2b - Sundre Airport Noise Exposure Projection.........................................................................77
Schedule 3a - Netook Airfield / Gliding Center Height Limitation............................................................78
Schedule 4 - Flood Hazard Area, Floodway, and Flood Fringe from the McDougal Flats Flood Hazard
Study prepared by Alberta Environment and Sustainable Resource Development ...............................87
LIST OF TABLES
Table 2.3-1:
Land Use Districts...............................................................................................................16
Table 4.2-1:
Activities and Uses That Do Not Require Development Permit .......................................49
Table 4.2-2:
Structures and Development That Do Not Require Development Permit ......................50
Table 6.2-1:
Initial Application Requirements - Bylaw Amendment......................................................59
Table 9.7-1:
Corner Parcel Restrictions..................................................................................................81
Table 10.4-1: Business, Home Based and Contractors Standards.........................................................95
Table 18.1-1: Permitted and Discretionary Uses by Land Use District.....................................................i
LIST OF ILLUSTRATIONS
Illustration 2.5-1:
Adjacent Land.............................................................................................................18
Illustration 2.5-2:
Building Height ...........................................................................................................21
Illustration 2.5-3:
Deck ............................................................................................................................24
Illustration 2.5-4:
Flood hazard Area, Floodway, and Flood Fringe ......................................................29
Illustration 2.5-5:
Mean Parcel Width.....................................................................................................33
Illustration 2.5-6:
Parcel Lines ................................................................................................................35
Illustration 2.5-7:
Sight Triangle..............................................................................................................39
Illustration 2.5-8:
Typical Information Indicated on a Site Plan............................................................41
Illustration 2.5-9:
Yards ...........................................................................................................................43
Illustration 9.12-1: Setback from Slopes..................................................................................................88
Illustration 9.12-2: Setback from Hazard Lands......................................................................................88
MAP 1 : Land Use Districts - Bearberry / Coldcamp
MAP 11 : Land Use Districts - Rosebud
MAP 2 : Land Use Districts - James River
MAP 12 : Land Use Districts - Lonepine
MAP 3 : Land Use Districts - McDougal Flats
MAP 13 : Land Use Districts - Fallentimber
MAP 4 : Land Use Districts - Eagle Hill / Westward Ho
MAP 14 : Land Use Districts - Elkton / Rugby
MAP 5 : Land Use Districts - Hainstock
MAP 15 : Land Use Districts - Westcott
MAP 6 : Land Use Districts - Netook
MAP 16 : Land Use Districts - Water Valley / Winchell Lake
MAP 7 : Land Use Districts - Reed Ranch
MAP 17 : Land Use Districts - Dogpound
MAP 8 : Land Use Districts - Bergen
MAP 18 : Land Use Districts - Jackson
MAP 9 : Land Use Districts - Harmattan
MAP 19 : Land Use Districts - Wessex
MAP 10 : Land Use Districts - Westerdale
MAP 20 : Land Use Districts - Midway
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
11
PART 1 ADMINISTRATION
1.0 Enactment
2.0 Interpretation
3.0 Approving Authorities
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
12
Section 1
ENACTMENT
PREAMBLE
This Section of the Land Use Bylaw establishes the purpose of the Bylaw, its
effective date of coming into force and the repeal of the previous Land Use Bylaw.
This Section also establishes transitional provisions for current development
proposals under the review process and compliance requirements with other
applicable legislation.
Note: The text contained within this grey box does not form a part of the Land Use
Bylaw and is only provided as context for the reader.
1.1.
Title
1.
This Bylaw may be cited as "Mountain View County Land Use Bylaw."
1.2.
Purpose
1.
The purpose of this Bylaw is to facilitate the orderly, economical and beneficial
development and use of land and buildings within the County and for that purpose
the Bylaw, among other things,
a)
divides the County into land use districts;
b)
prescribes and regulates, for each land use district, the purpose for which
the land and buildings may be used;
c)
establishes the roles of the Approving Authorities;
d)
establishes the method of making decisions on application for redesignation
and Development Permits, including the issuing of Development Permits;
e)
sets out the method of appealing a decision relative to this Bylaw; and
f)
provides the manner in which notice of the issuance of a Development Permit
is given.
2.
The Bylaw is consistent the Municipal Government Act (hereinafter referred to as
"the Act"), as amended from time to time.
3.
Pursuant to Section 618.3 of the Act, in the event of a conflict or inconsistency
between a statutory plan or a land use bylaw, and an Alberta Land Stewardship Act
(ALSA) regional plan, the ALSA regional plan prevails to the extent of the conflict or
inconsistency.
4.
The Bylaw is consistent with the County's Municipal Development Plan (MDP), as
amended from time to time, and shall be applied in a manner that serves to
implement statutory plans and local plans which have been adopted by the County,
and among other things, to support and protect existing agricultural operations and
the 'right to farm' in accordance with Section 640 of the Act.
5.
This Bylaw shall be used in conjunction with Policies and Procedures as adopted and
amended by Council from time to time.
1.3.
Compliance with the Bylaw
1.
No developments, other than those designated as "Not Requiring a Development
Permit (exempt)," shall be undertaken within the County unless a development
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
13
application has been approved and a Development Permit has been issued
therefore.
2.
Notwithstanding Subsection 1.3.1., while a Development Permit may not be
required; all exempt developments shall comply with all regulations of this Bylaw
and all other statutes.
3.
Notwithstanding Subsection 1.3.1., a license, permit, approval or authorization
granted by Regulation Authority - Provincial or Federal, in accordance over any
statutory plan, land use bylaw, subdivision decision, or development decision by a
subdivision authority, in accordance with Section 619(1) of the Act.
4.
Fees payable regarding Development Permit applications and appeals shall be
established by resolution of Council of Mountain View County.
1.4.
Repeal of Previous Land Use Bylaw and Amendments
1.
Mountain View County Land Use Bylaw No. 21/21 and amendments thereto are
hereby repealed.
1.5.
Effective Date
1.
This Bylaw comes into effect at such time as it has received third (3rd) reading and
has been signed in accordance with the Act.
1.6.
Applications in Progress
1.
All redesignation, subdivision and development applications received in a complete
form prior to the effective date of this Bylaw shall be processed and considered
based on the regulations in effect consistent with Bylaw No. 21/21, unless prior to
a decision being made on the application, the County receives a duly signed
amended application requesting that said subdivision, redesignation, or
development application be processed and considered based on the regulations of
this Bylaw.
2.
The aforementioned amendment application for subdivision, redesignation or
Development Permit application received by the County, prior to the effective date
this Bylaw, may be made free of any otherwise applicable fees for amendment.
3.
All redesignation, subdivision, or development applications received on or after the
effective date of this Bylaw shall be processed and considered upon the provisions
of this Bylaw and applicable statutory plans.
1.7.
Severability
1.
If any provision of this Bylaw is held to be invalid by a decision of a court of
competent jurisdiction, that decision will not affect the validity of the remaining
portions.
1.8.
Compliance with Other Legislation
1.
A person applying for, or in possession of, a valid Development Permit is not relieved
from the responsibility of ascertaining and complying with or carrying out
development in accordance with:
a)
the requirements of any statutory plan;
b)
the requirements of the Alberta Safety Codes Act, RSA, 2000, Chapter S-1;
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
14
c)
the requirements of any other appropriate Federal, Provincial and/or
Municipal legislation;
d)
the conditions of any caveat, covenant, easement or other instrument
affecting a building or land; except where the Approving Authority approved
the non-compliance pursuant to Subsection 9.4 of this Bylaw; and
e)
the requirements of other applicable Mountain View County Bylaws, Policies
and Procedures as adopted by the County from time to time.
1.9.
Non-Conforming
1.
If a Development Permit has been issued on or before the day on which this Bylaw
or a Land Use Amendment Bylaw comes into force, and the Bylaw would make the
development in respect of which the permit was issued a non-conforming use or
non-conforming building, the Development Permit continues in effect in spite of this
Bylaw coming into force.
2.
A non-conforming use of land or a building may be continued but if it is discontinued
for a period of six (6) consecutive months or more, any future use of the land or
building must conform to this Bylaw.
3.
A non-conforming use of part of a building may be extended throughout the building
but the building, whether or not it is a non-conforming building, may not be enlarged
or added to and no structural alterations may be made to it or in it.
4.
A non-conforming use of part of a parcel may not be extended or transferred in whole
or in part to any other part of the parcel and no additional buildings may be
constructed on the parcel while the non-conforming use continues.
5.
A non-conforming building may continue to be used but the building may not be
enlarged, added to, rebuilt or structurally altered except
a)
to make it a conforming building;
b)
for routine maintenance of the building if the Approving Authority considers it
necessary; or
c)
in those instances where the Approving Authority deems a minor variance to
enlarge, add to, rebuild or structurally alter the building is warranted and
compatible with adjacent land uses.
6.
If a non-conforming building is damaged or destroyed to the extent of more than
75% of the value of the building above its foundation, the building may not be
repaired or rebuilt except in accordance with this Land Use Bylaw.
7.
The land use or the use of a building is not affected by a change of ownership or
tenancy of the land or building.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
15
Section 2
INTERPRETATION
PREAMBLE
This Section outlines the general procedures pertaining to the establishment of
land use districts and the general rules of interpretation of this Bylaw. The
definitions form an important part of the Land Use Bylaw by lending clarity to the
interpretation of uses and other terms used in this Bylaw.
Note: The text contained within this grey box does not form a part of the Land Use Bylaw and is only
provided as context for the reader.
2.1.
General Interpretation
1.
Any enactments referred to herein refer to an enactment of the Act and regulations
as amended, revised, consolidated or replaced from time to time. Any Bylaw
referred to herein refers to an enactment of the Mountain View County Council, as
amended, revised, consolidated or replaced from time to time.
2.
The headings given to sections, paragraphs and sub-sections in this Bylaw are for
convenience of reference only; they do not form part of this Bylaw and will not be
used in the interpretation of this Bylaw.
3.
Parcel density is regulated through the Municipal Development Plan.
2.2.
Rules of Interpretation
1.
Compliance with this Bylaw shall be interpreted and applied as follows:
a)
"SHALL" is a directive term that indicates that the actions outlined are
mandatory and therefore must be complied with, without discretion;
b)
"SHOULD" is a directive term that provides direction to strive to achieve the
outlined action but is not mandatory. When the regulation is directed to the
developer, the onus is on the applicant to justify why the desired action/result
is not proposed and/or will not be achieved; and
c)
"MAY" is a discretionary term, providing notification that the regulation in
question can be enforced if the County chooses to do so, and is usually
dependent on the particular circumstances of the specific parcel and
application.
d)
"PERMITTED USE" means the one (1) or more uses of land or buildings that
are permitted in a given district, with or without conditions applied by the
Approving Authority upon application having been made. All Permitted Uses
require the issuance of a Development Permit, unless identified as "not
requiring a Development Permit" or exempt under this Bylaw.
e)
"DISCRETIONARY USE" means the one (1) or more uses of land or buildings
that may be permitted in a given district at the discretion of the Approving
Authority, with or without conditions.
f)
"EXEMPT" means development that does not require a Development Permit
if it meets all requirements of this Bylaw.
2.
Where a regulation involves two (2) or more conditions, provisions or events
connected by a conjunction, the following shall apply:
a)
"and" means all the connected items shall apply in combination;
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
16
b)
"or" indicates that the connected items may apply singly or in combination;
and
c)
"either-or" indicates the items shall apply singly but not in combination.
3.
Words used in the singular include the plural and vice-versa.
4.
When a word is used in the masculine it will refer to either gender.
5.
All measurements in this Bylaw are metric. In the case of any conflict between
information expressed in metric units and in imperial units, the metric shall govern.
6.
In the case of any conflict between a number written in numerals and a number
written in letters, the number written in numerals shall govern.
7.
In the case of any conflict between the text of this Bylaw and any maps or drawings
used to illustrate any aspect of this Bylaw, the text shall govern.
2.3.
Establishment of Districts
1.
Land use districts and the associated district provisions are established for the
County in accordance with PART 5 of this Bylaw.
2.
The Land Use District Map also constitutes PART 5 of this Bylaw. It divides the
County into districts and specifies the district provisions applying to particular lands.
3.
Provisions, as listed in PART 4, comprising all general and specific development
regulations, shall govern any Permitted and Discretionary Uses listed in a land use
district.
4.
For the purpose of this Bylaw the County is divided in the following Land Use Districts:
Table 2.3-1: Land Use Districts
DISTRICT
ABREVIATION
Agricultural District
A
Agricultural (2) District
A(2)
Country Residential District
R-CR
Country Residential (1) District
R-CR1
Residential Farmstead District
R-F
Local Commercial District
C-LC
Business Park District
I-BP
Heavy Industrial District
I-HI
Aggregate Extraction / Processing District
AEP
Parks and Conservation District
P-PC
Parks and Recreation District
P-PR
Parks and Comprehensive Recreation District
P-PCR
Institutional, Educational and Cultural District
S-IEC
Airport District
S-AP
Direct Control
DC
2.4.
Overlay and District Boundaries
1.
The boundaries on the Land Use District Maps shall be interpreted as follows:
a)
where a boundary follows a public roadway, railway, pipeline, power line or
utility right-of- way or easement, it follows the centre line, unless otherwise
indicated;
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
17
b)
where a boundary is shown as approximately following the County
boundary, it follows the County boundary;
c)
where a boundary is shown as approximately following the edge or
shorelines of any river, lake, creek or other water body, it follows the edge
or shoreline. In the event of a change in the location of said edge or
shoreline, it moves with the same;
d)
where a boundary is shown as approximately following a parcel line, it
follows the parcel line;
e)
where land use districts have been established in accordance with a
proposed subdivision of land, the districts shall be understood to conform
to the certificate of title or the plan or survey when registered in a land title
office. Upon registration, the district boundary shall be adjusted in
accordance with the plan of survey or descriptive plan;
f)
when abutting lands are governed by different districts, the centre of
roadway is the district boundary, unless the district boundary is shown
clearly following the edge of the roadway; and
g)
for circumstances not covered above, the location of the boundary shall be
determined by any dimensions set out in this Bylaw and by measurements
of the Land Use District Maps.
2.
The district provisions of this Bylaw do not apply to roadways. Notwithstanding
Subsection 2.4.1., when a roadway loses its designation through a road closure
bylaw, the roadway lands shall have the same land use designation as the most
restrictive district applicable to abutting lands, except when, immediately following
road closure, the closed roadway is consolidated with an adjoining parcel, in which
case that adjoining parcel's land use designation applies to affected portions of the
roadway.
3.
Where the application of the above interpretations does not determine the exact
location of a boundary, the Approving Authority shall determine the exact location
of a boundary in doubt or in dispute in a manner consistent with the provisions of
this Bylaw and with the degree of detail as to measurements and directions as
circumstances require.
4.
After the Approving Authority has determined the exact location of a boundary, the
portion of the location of the boundary shall not be altered, except by an
amendment to this Bylaw.
2.5.
Definitions
1.
Those terms and words in this Bylaw, which are defined in the Act, have the same
meaning as expressed in the Act.
2.
Individual uses with common functional or physical impacts or characteristics have
been grouped into use class definitions. These use classes define the range of uses
that are either permitted or discretionary within the various districts of this Bylaw
which shall be interpreted as follows:
a)
typical uses listed in a use class definition as examples are not intended to
be exclusive or restrictive; and
b)
where a specific use does not conform to any use class definition or generally
conforms to the wording of two (2) or more use class definitions, the
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
18
Approving Authority will determine the most appropriate use class based on
purpose and character of the proposed development. In such a case, the use
will be considered a discretionary use.
3.
Words, terms, and phrases, wherever they occur in this Bylaw, shall have the
meaning assigned to them as defined in the following:
ABATTOIR means the use of land or building in which animals are slaughtered and may
include the packing, treating, storing and sale of the product.
ACCESS means the way of approaching or entering a parcel.
ACCESSORY BUILDING means a separate, stand-alone building or structure, the use of
which is incidental and subordinate to the principal building on the same parcel.
Accessory buildings may include detached garages, carports, garden sheds, gazebos,
converted shipping containers, and other similar buildings or structures.
ACCESSORY USE means a use or development customarily incidental and subordinate to
the principal use of land or building, but in no instance, shall be used as a dwelling, and
is located on the same parcel as the principal use or building.
ACT means the Municipal Government Act being the Revised Statutes of Alberta, 2000,
Chapter M-26 and amendments thereto.
ADJACENT LAND means land or a portion of land that is adjoining to the parcel of land
that is subject to a development application and/or subdivision application and includes
land or a portion of land that would be contiguous if not for a public roadway, primary
highway, river or stream, or reserve parcel.
Illustration 2.5-1 - Adjacent Land
Note: The above illustration is for clarification and convenience only and does
not form part of this Bylaw. All provisions of this Bylaw must be referenced.
AERODROME means any area of land, water (including the frozen surface thereof) or
other supporting surface used or designed, prepared, equipped or set apart for use either
in whole or in part for the arrival and departure, movement or servicing of aircraft and
includes any buildings, installations and equipment in connection therewith. Refer to
current Transport Canada Flight Supplement Manual for locations. An Aerodrome and
Hangar that falls under Federal jurisdiction, the Aeronautics Act and Regulations, is not
required to meet any Land Use Bylaw regulations.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
19
AGGREGATE EXTRACTION/PROCESSING means development for the removal,
extraction, processing and transmission of the following for commercial purposes: sand,
gravel, clay, peat, earth, shale, stone, marl, limestone, sandstone, marble, granite or
other non-metallic ores.
AGRICULTURE means the science, art, or occupation concerned with cultivating land,
raising crops, and feeding, breeding, and raising livestock. Also known as the practice
of farming.
AGRICULTURAL BUILDINGS - see Farm Buildings
AGRICULTURAL PROCESSING means the use of land or buildings for those processing
activities of an agricultural nature such as a cheese plant, distillery, brewery, winery, meat
processing facility, seed cleaning plant (drying and milling) and similar agriculture
processing uses.
AGRICULTURAL SPECIALTY means the use of agricultural land to produce non-plant
products on- site. Such specialties may be (but are not limited to) beekeeping, game
farms, fish hatcheries, worm farms, aviary, and aquaculture.
For the purposes of this bylaw, if the product is produced off-site and then imported to
the site for the purposes of retailing, then it shall be classified as a Business, Contractors
and considered a discretionary use, thereby requiring a Development Permit.
AGRICULTURAL SUPPORT SERVICES means development providing products or services
directly related to the agricultural industry. Without restricting the generality of the
foregoing, this shall include such facilities as grain elevators, feed mills, bulk fertilizer
distribution plants, bulk agricultural chemical distribution plants, bulk fuel plants, and
crop spraying.
AGRICULTURE, EXTENSIVE means a system of tillage including the associated clearing of
land for agricultural production purposes, which depends upon large areas of land for
the raising of crops or raising of livestock. Extensive agricultural uses include buildings
and other structures incidental to farming as well as farm related uses.
AERODROME PROTECTION ZONE means all lands as may be affected by the following:
aerodrome outer surface, aerodrome glide path, height limitations, and noise exposure
forecast areas as identified in Schedules 1a, 1b, 2a, 2b and 3a.
ALTERNATIVE/RENEWABLE ENERGY, COMMERCIAL means a use that produces energy
(and in some cases other marketable by-products depending on the process utilized)
fueled in ways that do not use up natural resources or harm the environment. Energy
may be derived from natural and/or non-traditional sources (e.g. geothermal, solar,
water, wind, tides, waste, etc.) and once produced is commercially sold and distributed
off-site to the marketplace.
ALTERNATIVE/RENEWABLE ENERGY, INDIVIDUAL means a use that produces energy
that is generated from an alternative or renewable source and that is generally derived
from natural and/or non-traditional sources (e.g. geothermal, solar, water, wind, tides,
waste, etc.) and is primarily utilized and consumed onsite.
AMATEUR ANTENNA means an installation consisting of an antenna or antenna array,
mounted on a metal tower or support structure, designed for the purpose of the reception
and transmission of radio signals by private, federally licensed amateur radio operators.
AMUSEMENT AND ENTERTAINMENT SERVICES means those developments, having a
room, area or building used indoors or outdoors for the purpose of providing
entertainment and amusement to patrons on a commercial fee for admission/service
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
20
basis. Typical uses and facilities would include go-cart tracks, carnivals (variety of shows,
games and amusement rides), circuses, table or electronic games establishments,
amusement theme parks and drive-in motion picture theatres. This use class includes
temporary and seasonal events.
ANIMAL HEALTH CARE SERVICES means a development such as a hospital or shelter
used for the temporary accommodation, treatment or impoundment of animals. This use
class would include pet clinics, animal veterinary clinics and veterinary offices.
APPLICANT means the registered owner of the land or his or her representative or agent
certified as such.
APPROVING AUTHORITY means, as established pursuant to the Act, the person(s) defined
by the Approving Authorities Bylaw of Mountain View County and this Bylaw.
AREA STRUCTURE PLAN means a statutory plan prepared pursuant to Section 634 of the
Municipal Government Act, that applies to a ¼ section or more of land that provides a
framework for more detailed subdivision and development. Staging of development, land
uses, densities and infrastructure matters must be considered. The area structure plan
is adopted by Bylaw.
AUCTIONEERING SERVICES, LIVESTOCK means development specifically intended for the
auctioneering of livestock, goods, equipment including temporary storage of such goods
and may include the temporary holding of the livestock. This use class does not include
on-site slaughtering such as an abattoir or one time on-site estate auction sales.
AUCTIONEERING SERVICES, NO LIVESTOCK means those developments specifically
intended for the auctioning of goods and equipment, including temporary storage of such
goods and equipment. This use class does not include livestock auction marts or one
time on-site estate auction sales.
AUCTIONEERING SERVICES, ON-SITE means the one-time auctioning of goods,
equipment, and livestock.
AUTOMOTIVE, EQUIPMENT AND VEHICLE SERVICES means development used for the
rental, lease, sale, storage, service, restoration, inspection and/or mechanical repair of
automobiles, trucks, trailers, motorcycles, snowmobiles, motor homes, tent trailers,
boats, travel trailers or similar light recreational vehicles. Uses and facilities would also
include farm implement dealerships, transmission shops, muffler shops, autobody paint
and repair facilities, highway service stations and fleet services involving vehicles for the
delivery of people, goods or services. This use class does not include bulk fuel depots.
AUTO WRECKERS means the development or use of land for the dismantling or
disassembling of used motor vehicles or trailers, or the storage, sale or dumping of
dismantled, partially dismantled, obsolete or wrecked vehicles, or their parts.
BARS AND NEIGHBOURHOOD PUBS means development where the primary purpose of
the facility is the sale of alcoholic beverages to the public, for consumption within the
premises or off the site. This Use Class typically has a limited menu and minors are
prohibited from patronizing the establishment during at least some portion of the hours
of operation. Typical Uses include neighbourhood pubs, bars, beverage rooms, and
cocktail lounges.
BARELAND CONDOMINIUM means a condominium in which the units are defined in
relation to the land rather than in relation to a structure, created specifically through
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
21
subdivision and registered as a condominium plan in accordance with the Condominium
Property Act, RSA 2000, c. C-22.
BARELAND CONDOMINIUM UNIT means a bareland unit as defined in the Condominium
Property Act, RSA 2000, c. C-22.
BED AND BREAKFAST means a single detached dwelling that is occupied as a residence
by an owner or tenant where, as an ancillary activity, temporary lodging or sleeping
accommodation of no more than four (4) guest rooms are provided with a breakfast meal
to members of the travelling public for remuneration. This use shall be subordinate to
the principal use of the dwelling as a residence and shall not be located within an
accessory building.
BERM means a raised form of earth to provide screening, to improve the aesthetic
character, or to mitigate any potential drainage concerns.
BORROW PIT means an excavation dug to provide material (borrow) for fill at another
location. Shall include Landscaped borrows.
BUILDING includes anything constructed or placed on, in, over or under land but does
not include a highway or public roadway or a bridge forming part of a highway or public
roadway.
BUILDING HEIGHT means the vertical distance between building grade and the highest
point of a building excluding elevator housing, mechanical skylight, ventilating fan,
steeple, chimney, fire wall, parapet wall, flagpole or any similar device not structurally
essential to the building. On sloping ground, building height shall be considered as the
average of the highest and lowest grades.
X + Y = Sum of height (X+Y) ÷ 2 => Height Average
Illustration 2.5-2 - Building Height
Note: The above illustration is for clarification and convenience only and does
not form part of this Bylaw. All provisions of this Bylaw must be referenced.
BULK FUEL DEPOT means lands, buildings and structures for the bulk storage and
distribution of petroleum products excluding retail sales and cardlock operations.
BUNKHOUSE means a building designed and used for the accommodation of up to
twenty (20) workers and consisting of living, dining, washroom, and sleeping facilities, and
shall be accessory to the agricultural activity on site.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
22
BUSINESS, AGRI-TOURISM means a low intensity agricultural diversification and agri-
tourism business that is complimentary to the existing principal agricultural use of the land
and is compatible with the agricultural character of the area. The business provides access
to the general and traveling public and may include but are not limited to growing, packing
and sale of agricultural food products, educational gatherings, festive gatherings, small-
scale wineries and breweries and associated uses including unserviced, overnight, self-
contained accommodation; minor food establishments and store fronts including farm
gate stores, cafes and diners. This use does not include Recreational Vehicles Storage.
BUSINESS, CONTRACTORS means a business, trade or craft for gain or support
conducted within the residential dwelling and/or accessory buildings for a person who
occupies the dwelling. This use class does not include more intensive type of uses that
present exterior impacts such as noise, smoke, steam, odour, dust, fumes, exhaust,
vibration, heat, glare, refuse matter, and storage of hazard or combustible materials
which should be located in an industrial district.
BUSINESS, HOME BASED means a business operated within the residential dwelling
and/or accessory buildings for a person who occupies the dwelling and does not create
any impacts outside the dwelling or its accessory buildings where the occupation is
conducted. It does not include any outside storage. The use is entirely contained within
the dwelling or its accessory buildings and has no external impact on the
neighbourhood.
BUSINESS, HOME OFFICE (Exempt) means a business operated within the residential
dwelling and/or accessory buildings by a person who occupies the dwelling and does
not create any impacts outside the dwelling or its accessory buildings where the
occupation is conducted. It does not include the visiting of clients to the site, parking of
commercial vehicles, any outside storage, signage, or any employees except the resident
and the resident's family who permanently reside in the dwelling. The use is entirely
contained within the dwelling or its accessory buildings and has no external impact on
the neighborhood. Typical uses but not limited to; self- employed persons providing
professional and office support services.
BUS SHELTER means a portable roofed structure with a minimal area of not less
than 10.0 m2 (107.6 ft2) having from one to four walls, located near a roadway, and
designed primarily for the protection and convenience of bus passengers.
BYLAW means the Mountain View County Land Use Bylaw.
CABIN means a single detached dwelling with a maximum floor area of 92.9 m2 (1,000.0
ft2), which is used for recreational residence. This use does not include manufactured
dwellings, holiday trailers, motor homes and similar recreational vehicles, boarding or
lodging house.
CANNABIS PRODUCTION FACILITY means a Federal and/or Provincial licensed facility,
comprised of one or more buildings or structures used for the purpose of cultivation,
processing, packaging, testing, destroying, storing or shipping of licensed cannabis
products. A Cannabis Production Facility consists of some, or all, of the following
components:
greenhouses,
warehouses,
laboratories,
processing
facilities,
administrative offices and shipping facilities but does not include onsite retail sales of
cannabis products or any derivatives thereof. All activities associated with the growing,
processing or shipping functions shall be located inside fully enclosed buildings.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
23
CANNABIS RETAIL SALES mean the retail sale of cannabis products or its derivatives that
are authorized by Federal or Provincial Legislation but does not include Cannabis
Production Facility.
CARDLOCK FUEL DISPENSING FACILITY means a building, structure or part thereof,
where fuel, oil and other similar products used in the operation of truck engines are sold
to account customers only via cardlock controllers. Such a facility may include as
accessory uses, truck weigh scales, truck washing facilities, a lounge, shower and
washroom facilities, all of which are available only to customers. Additionally, a facility
may include one (1) outlet where goods are stored and offered for sale, provided that
there is no preparation of food on the premise.
CARPORT means a roofed structure used for storing or parking of private vehicles
which is partially open and unobstructed.
CEMETERY means land that is set apart or used as a place for the interment of the dead
or in which human bodies have been buried.
CO-LOCATION means the use of a wireless telecommunication facility by more than one
wireless telecommunication provider.
COLUMBARIUM means a structure designed for the purpose of storing the ashes of
human remains that have been cremated. This use class includes vaults with niches for
cinerary urns.
COMMERCIAL RETAIL SERVICES, MAJOR means a development used for the retail sale
of consumer goods from within an enclosed building which does not exceed 5,000.0
m2 (53,819.3 ft2) in gross floor area and includes limited on-site storage to support that
store's operations. Typical uses include, but are not limited to, grocery, hardware,
appliance, furniture and sporting goods stores. This use does not include "Cannabis
Retail Sales".
COMMERCIAL RETAIL SERVICES, MINOR means a development used for the retail sale
of goods frequently required by area residents or employees on a day to day basis, from
individual business premises which does not exceed 250.0 m2 (2,691.0 ft2) in gross
floor area. Typical uses include, but are not limited to, small food stores, drug stores,
video sales and rentals, and liquor stores. This use does not include "Cannabis Retail
Sales".
COMMERCIAL VEHICLE means a vehicle operated on a highway by or on behalf of a
person for the purpose of providing transportation for business purposes but does not
include a private passenger vehicle. Residential vehicles containing signage shall be
exempt within this definition.
COMMUNICATION TOWER means a structure for transmitting or receiving television,
radio, telephone, internet or other electronic communications which is regulated by
Industry Canada.
COMMUNITY CONSULTATION means the process and its documented information
gathered from the public to record their opinion on development applications.
CONCEPT PLAN Interchangeable with the term outline plan which refers to a plan, may
be adopted by resolution that relates to a proposed development and its relationship to
existing and/or future development of adjacent lands as defined by the Municipal
Development Plan.
CONFINED FEEDING OPERATION (CFO) as defined by the Agricultural Operation
Practices Act, Section 1(b.6), means fenced or enclosed land or buildings where
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
24
livestock are confined for the purpose of growing, sustaining, finishing or breeding by
means other than grazing, and any other building or structure directly related to that
purpose but does not include residences, livestock seasonal feeding and bedding sites,
equestrian stables, auction markets, race track or exhibition grounds.
CONSERVATION DESIGN means a density neutral design system that takes into account
the natural landscape and ecology of a development site and facilitates development
while maintaining the most valuable natural features and functions of the site. One
objective of this design approach is protecting the essential physical, chemical, and
biological characteristics of the environment against degradation.
CONTIGUOUS means the development of areas immediately adjacent to one another
without intervening vacant land or undevelopable lands.
CORNER means the intersection of any two (2) property lines of a parcel.
COUNCIL means the Council for Mountain View County.
COUNTY means Mountain View County.
COUNTY COLLECTOR NETWORK means any officially recognized road network for which
long term plans for maintenance and/or upgrading exists and may or may not include
asphalt paved, chip sealed and gravel roads.
COVERAGE see parcel coverage.
CREMATORIUM means a development fitted with equipment for the purpose of the
cremation of human remains and may include associated facilities for the preparation of
the dead human body for internment or cremation.
CULTURAL FACILITIES means development for the collection of literary, artistic,
musical and similar reference materials, or, a building intended for live theatrical,
musical, or dance performances. Typical facilities would include libraries, museums,
art galleries, auditoriums, theatres and concert halls.
DAY CARE SERVICES means development licensed by the Province to provide daytime
personal care and education to children or elderly persons, but does not include
overnight accommodation. Typical facilities would include daycare or "elder care"
centres, day nurseries, family day home child care for seven (7) or more children,
kindergartens, nursery schools and play schools.
DECK means a structure abutting a dwelling with no walls, except for visual partitions,
and railing which is constructed on piers or a foundation above-grade for use as an
outdoor living space.
Illustration 2.5-3 - Deck
Note: The illustration is for clarification and
convenience only and does not form part of this
Bylaw. All provisions of this Bylaw must be
referenced.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
25
DESIGNATED OFFICER means a Development Officer, Bylaw Enforcement Officer, Peace
Officer, or any other official appointed by Council to enforce the provisions of this Bylaw
or as established by the Approving Authorities Bylaw of Mountain View County.
DETENTION AND CORRECTION SERVICES means development for the purpose of holding
or confining and treating or rehabilitating persons. Typical facilities would include
prisons, mental institutions, jails, remand centres, asylums and correction centres.
DEVELOPABLE LAND means those lands meeting the criteria for subdivision and
development excluding lands required for Environmental and Municipal reserves,
arterial roads and environmentally significant areas.
DEVELOPER means any person, including the landowner or a governmental agency,
undertaking activities involving the division of a parcel into two (2) or more parcels; the
construction, reconstruction, conversion, structural alteration, relocation or enlargement
of any building or other structure; or of any mining, excavation or landfill; and any change
in the use of any building or other structure, or land, or extension of use of land.
DEVELOPMENT means
a)
an excavation or stockpile and the creation of them;
b)
a building or an addition to or replacement or repair of a building and the
construction or placing of any of them in, on, over or under land;
c)
a change of use of land or a building or an act done in relation to land or a building
that results in or is likely to result in a change in the use of the land or building; and
d) a change in the intensity of use of land or a building or an act done in relation to land
or a building that results in or is likely to result in a change in the intensity of use of
the land or building.
DEVELOPMENT AUTHORITY means a Designated Officer, Administrative Subdivision and
Development Approving Authority, or Municipal Planning Commission, which is authorized
and assigned by Council to enforce the provision of the Act and its regulations, the
Subdivision and Development Regulation, a subdivision approval, the conditions of a
development permit, and the Land Use Bylaw.
DEVELOPMENT OFFICER means the person(s) defined by the Approving Authorities
Bylaw of Mountain View County to act as Development Officer.
DEVELOPMENT PERMIT means a document or permit, which may include attachments
and conditions, issued pursuant to this Bylaw authorizing a development.
DISCONTINUED means the time at which, in the opinion of the Approving Authority,
substantial construction activity or a non-conforming use or conforming use has ceased.
DISCRETIONARY USE means the one (1) or more uses of land or buildings that may be
permitted in a given district at the discretion of the Approving Authority, with or without
conditions.
DOUBLE FRONTING PARCEL means a corner parcel which abuts two (2) public roadways,
excluding laneways, but also includes a parcel which abuts two (2) public roadways
which are parallel or nearly parallel where abutting the parcel.
DUGOUT means the excavation of land that results in manmade features that entrap
water and includes excavation for a water supply. At its deepest point, a dugout shall
have a minimum depth of no less than 1.0 metre (3.28 feet). Dugouts shall be in
conformance with provincial legislation.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
26
DWELLING OR DWELLING UNIT means a building or a portion of a building containing
one (1) or more habitable rooms that constitute a self-contained living accommodation
unit having sleeping, cooking and toilet facilities and is intended as a permanent
residence.
DWELLING, CARETAKER/MANAGER means any building or part of a building used, or to
be used by human habitation by a caretaker, security manager, or other persons involved
in the specific commercial use.
DWELLING, DUPLEX means development consisting of a building containing only two (2)
dwellings placed side by side or with one (1) dwelling placed over the other in
whole or in part, with individual and separate access to each dwelling. This type of
development shall be designed and constructed as two (2) dwellings at the time of initial
construction of the building and intended as a permanent residence. It is also known as
semi-detached dwelling.
DWELLING, MOVE IN/RELOCATION means a single detached dwelling, to be relocated
from its existing site location. This does not include a new Dwelling, Prefabricated or
exempt Farm Buildings.
DWELLING, PREFABRICATED means a building partially or fully constructed in a factory,
transportable as a single or multiple section dwelling unit conforming to CSA A277 and
provided with a CSA A277 label at the time of manufacture date. It is ready for
permanent residential occupancy upon completion of setup in accordance with required
factory recommended installation and applicable building code requirements. This use
does not include a Recreational Vehicle, Park Model.
DWELLING, ROW HOUSING means a building designed and built to contain three (3) or
more dwelling units with a separate exterior entrance at grade that shares no more than
two (2) party walls with adjacent dwelling units and is intended as a permanent
residence. No part of a dwelling unit is placed over another in part or in whole and
every dwelling unit shall have separate, individual direct access to grade. For the
purposes of this Bylaw, garden linked, row and townhouse units are considered to be row
housing dwellings. Row housing units have the following features:
a)
they are adjoined by a vertical party wall that is insulated against sound
transmission; and
b)
each dwelling unit has a minimum floor area of 80.0 m2 (861 ft2).
DWELLING, SECURITY SUITE means a dwelling unit or portion of a building used to
provide accommodation for security personnel and in commercial, aerodrome, or
industrial districts shall contain no more than one (1) bedroom and be no larger than
55.7 m2 (600 ft2).
DWELLING, SECONDARY DETACHED means a standalone additional dwelling unit
which is not contained within the principal residence or an accessory building. A
secondary detached dwelling unit may be a manufactured dwelling, ready to move
dwelling, modular or a site-built dwelling.
DWELLING, SECONDARY SUITE means development consisting of a self-contained
dwelling located within, and accessory to, a structure in which the principal use is single
detached dwelling. A secondary suite has cooking facilities, food preparation, sleeping
and sanitary facilities which are separate from those of the principal dwelling within the
structure. A secondary suite also has an entrance separate from the entrance to the
principal dwelling either from a common indoor landing or directly from the side or rear
of the structure. This use class includes
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
27
a)
the development or conversion of basement space;
b)
above-grade space to a separate self-contained dwelling;
c) at grade space to a self-contained dwelling attached to an existing single
detached dwelling;
d)
the addition of new floor space for a secondary suite to an existing single
detached dwelling; or
e)
a secondary suite within or attached to an accessory building.
This use class does not include
a) duplex dwellings;
b) apartment housing; or
c) boarding and lodging houses.
A secondary suite within a single detached dwelling unit, accessory building, or garage
suite shall all be considered forms of secondary suites as part of this use class. The
approval of a secondary suite shall remain subject to those parameters as established
with the appropriate district and general regulations established within this Bylaw.
DWELLING, SINGLE DETACHED means a residential building containing one (1) dwelling
unit and intended as a permanent residence. A single detached dwelling does not
include a building that has been constructed off-site (modular dwelling).
EASEMENT means a right to use land, generally for access to other property or as a
right-of-way for a public utility.
EATING ESTABLISHMENT, INDOOR means an establishment where food and drink are
intended to be consumed within the confines of the establishment.
EATING ESTABLISHMENT, OUTDOOR means an establishment where food and drink are
normally consumed either outside or inside the confines of the establishment.
EDUCATIONAL SERVICES means development for instruction and education purposes,
involving assembly for educational, training or instruction purposes and includes
administration offices, dormitory and accessory buildings. Typical facilities would
include public and separate schools, private schools or seminaries, community colleges,
universities, technical and vocational facilities.
ENVIRONMENTALLY SIGNIFICANT AREA means
a)
areas identified in the County 2008 Summit Environmental Consultants Study
and Provincial 2014 Fiera Biological Consulting Update.
b)
areas which perform a vital environmental, ecological or hydrological function
such as aquifer recharge;
c)
areas which contain a unique geological or physiographic features;
d)
areas which contain significant, rare or endangered species;
e)
areas which are unique habitats with limited representation in the region or a
small remnant of once large habitats which have virtually disappeared;
f)
areas which contain large and relatively undisturbed habitats and provide shelter
habitat for species which are intolerant of human disturbance;
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
28
g)
areas which contain plants, animals, or landforms which are unusual or of
regional, Provincial or national significance; and
h)
areas which provide an important linking function and permit the movement of
wildlife over considerable distance.
EXCAVATION means any breaking of ground, except common household gardening
and ground care.
EXPLORATION OPERATION means any investigation, work or act to determine the
presence of coal or oil sands by test drilling, excavation or other means that results in
surface disturbance or that may cause an adverse effect, but excludes any exploration
operation that is the subject of a permit, license or approval under the Exploration
Regulation (AR 214/98) and subject to Section 618 of the Act.
EQUIVALENT LAND CAPABILITY means that the ability of the land to support various
land uses after conservation and reclamation is similar to the ability that existed prior
to an activity being conducted on the land, but that the individual land uses will not
necessarily be identical.
EVENT CENTRE means a facility that accommodates events held inside building(s) or
outdoors to which members of the general public are invited or admitted for a fee or free
of charge. Events may include, but not be limited to, gatherings, weddings, celebrations,
or similar type of activities.
FARM BUILDING means an accessory building that
a)
does not contain a residential occupancy,
b)
is located on land used as a farm, or is zoned for agricultural use and directly
supports the primary farm operation,
c)
has a low occupant load, and
d)
is not used or occupied by, or expected to be used or occupied by, the public or
persons, other than the farmer or farmers that own the building, their immediate
family, and/or their employees, that may be in the building from time to time,
and the building is used for
a)
housing livestock,
b)
storing, sorting, grading or bulk packaging primary agricultural products, or
c)
housing, storing or maintaining machinery associated with the operation of farm
on which it is located.
FARM BUILDING, PORTABLE means a building or structure that is not on a permanent
foundation and is able to be easily moved. It may include farm buildings or accessory
buildings.
FARMSTEAD means an established residential site that previously contained or currently
contains a dwelling and other improvements used in connection with the raising or
production of crops, livestock or poultry, situated on the same land used in connection
with the farming operations.
FENCE means a vertical physical barrier constructed to confine or exclude livestock, or
prevent visual intrusions, unauthorized access, or to provide sound abatement.
FILLING means the import and placement of natural uncontaminated earth or aggregate
materials (e.g. clay, silt, sand, gravel) on a parcel for the purposes of altering/modifying
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
29
drainage grades or building up a site for a proposed building or development but does
not include the import and placement of dry-waste or land fill waste materials.
FLANKING ROADWAY means the road or lane adjacent to the side yard of a parcel.
FLOODWAY means the portion of the flood hazard area where flows are deepest, fastest,
and most destructive. The floodway typically includes the main channel of a stream and
a portion of the adjacent overbank area. The floodway is required to convey the design
flood.
FLOOD, DESIGN means the current design standard in Alberta that is the one percent
flood, defined as a flood whose magnitude has a one percent chance of being equaled
or exceeding in any year. Although it can be referenced to as a 100-year flood, this does
not mean that it will occur once every hundred years.
FLOOD FRINGE means the portion of the flood hazard area outside of the floodway.
Water in the flood fringe is generally shallower and flows more slowly than in the
floodway.
FLOOD HAZARD AREA means the area of land bordering a water course or water body
that would be affected by the 1 in 100 year design flood (a flood that has a 1% chance
of occurring every year) under encroachment conditions. The Flood Hazard Area includes
the floodway and flood fringe and may include areas of overland flow.
Illustration 2.5-4 - Flood hazard area, Floodway, and Flood Fringe
Note: The above illustration is for clarification and convenience only and does not form part of
this Bylaw. All provision of this Bylaw must be referenced.
FLOOD PROOFING means design and construction measures defined in the STANDATA
Building Code Bulletins, which may include but is not limited to: "Disaster Recovery
Program Flood Mitigation Measures" and "Disaster Recovery Program, Flood Mitigation
Measures for Homes Being Rebuilt".
FLOOR AREA means the greatest horizontal area of a building above grade within the
outside surface of exterior walls or within the glassline of exterior walls and the centreline
of fire walls but not including the floor areas of basements, attached garages, sheds,
open porches or breezeways.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
30
FOSTER HOME means development consisting of the use of a single detached dwelling
or manufactured home for less than seven (7) foster children.
FOUNDATION means the lower portion of a building, usually concrete or masonry, and
includes the footings that transfer the weight of, and loads on, a building to the ground.
FRONTAGE means the length of a roadway boundary measured along the front parcel
line. On double fronting lots all sides of a parcel adjacent to roadways shall be
considered frontage.
FUNERAL HOME means a building designed for the purpose of furnishing funeral supplies
and services to the public and includes facilities intended for the preparation of the dead
human body for interment or cremation.
GARAGE means an accessory building or part of the principal building, designed and used
primarily for the storage of motor vehicles.
GOVERNMENT SERVICES means development providing Municipal, Provincial or Federal
government services directly to the public or the community at large, and includes
development required for the public protection of persons or property. Typical facilities
would include police stations, fire stations, courthouses, postal distribution offices,
Municipal offices, social service offices, manpower and employment offices and airport
terminals.
GRADE, BUILDING means the ground elevation established for the purpose of regulating
the number of stories and the height of a building. The building grade shall be the level
adjacent to the walls of the building if the finished grade is level. If the ground is not
entirely level, the grade shall be determined by averaging the elevation of the ground for
each face of the building.
GRADE, DRAINAGE means the ground elevation established in a site drainage plan
attached to an approved Development Permit for the purpose of controlling the flow of
surface water on the site.
GROUP CARE FACILITY means supervised residential dwelling unit, licensed or approved
under Provincial legislation, for the accommodation of persons, excluding staff, referred
by hospitals, courts, government agencies or recognized social service agencies or health
professionals.
GROUP HOME, LIMITED means development consisting of the use of a building as a
facility which is recognized, authorized, licensed or certified by a public authority as a
social care facility intended to provide room and board for six (6) residents or less,
excluding staff, for foster children or disabled persons, or for persons with physical,
mental, social or behavioural problems, and which may be for the personal rehabilitation
of its residents either through self-help or professional care, guidance and supervision.
The residential character of the development shall be primary with the occupants living
together as a single housekeeping group and using cooking facilities shared in common.
The use class does not include treatment facilities such as detoxification centres.
GROUP HOME, MAJOR means development consisting of the use of a building as a facility
which is recognized, authorized, licensed or certified by a public authority as a social care
facility intended to provide room and board for seven (7) residents or more, excluding
staff, for foster children or disabled persons, or for persons with physical, mental, social
or behavioural problems, and which may be for the personal rehabilitation of its residents
either through self-help or professional care, guidance and supervision. The residential
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
31
character of the development shall be primary with the occupants living together as a
single housekeeping group and using cooking facilities shared in common.
GUEST HOUSE means an accessory building which has sleeping accommodation, but
which does not have cooking facilities and is not intended to be used as a self-contained
unit.
HANGAR means a building or structure designed and used for the shelter of an aircraft.
An Aerodrome and Hangar that falls under Federal jurisdiction, the Aeronautics Act and
Regulations, is not required to meet any Land Use Bylaw regulations.
HAZARD LAND means lands which may be prone to flooding, shoreline erosion or slope
instability hazards or any hazard that may result in life loss or injury, property damage,
social and economic disruption or environmental degradation and lands in proximity to
water bodies and water courses with slopes greater than 10%.
HEAVY EQUIPMENT TRAINING FACILITY means heavy equipment training courses within
existing disturbed areas prior to pit reclamation.
HIGHWAY means lands used or surveyed for use as a public highway or road, and
includes a bridge forming part of a public highway or road and any structure incidental to
the public highway or road or bridge, subject to the direction, control and management
of the Alberta Infrastructure.
HORTICULTURAL USE means an agricultural operation concerned with intensively
cultivated plants produced on site and are either used for food, for medicinal,
environmental, aesthetic purposes or sold. These uses may include plant nurseries,
commercial greenhouses, market gardens, tree farms, wood lots, sod farms, specialty
crops, or experimental crops. All woodlot operations shall comply and adhere to the
Woodlot Management Guidelines of Alberta. This use does not include Horticultural use,
Medicinal or Cannabis Production Facility.
For the purposes of this bylaw, if the plant products are produced off-site and then
imported to the site for the purposes of retailing, then it shall be classified as a Business,
Home Based or Business, Contractors and considered a discretionary use, thereby
requiring a Development Permit.
HORTICULTURAL USE, MEDICINAL means the production of intensively cultivated plants
for physician-prescribed forms of medical or therapeutic benefit. This use does not
include "Cannabis Production Facility".
HOTEL means development to serve the traveling public primarily used for the provision
of rooms or suites for temporary sleeping accommodation where rooms have access
from a common interior corridor and may be equipped with individual kitchen facilities.
The development may include eating establishments, facilities for meetings, seminars,
conventions, product and trade fairs and other exhibitions. This use class does not
include bed and breakfasts.
INDUSTRIAL, HEAVY means a large-scale industrial manufacturing or processing activity.
Without restricting the generality of the foregoing, heavy industry would include plants
for the manufacturing of petroleum products, pulp and paper products, stone, clay and
glass products, cement and lime products, fertilizers, animal by-products; plants engaged
in the primary metal industry, including metal processing; the processing of natural gas
or its derivatives; and incinerators, including those for Municipal and industrial use.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
32
Heavy industrial uses may have some negative effect on the safety, use, amenity and
enjoyment of adjacent or nearby sites due to the appearance, noise, odour, emission of
contaminants, fire or explosive hazards, or dangerous goods.
INDUSTRIAL, MANUFACTURING/PROCESSING GENERAL means development principally
associated
with
manufacturing,
assembling,
fabrication,
processing
and
research/testing activities. Without restricting the generality of the foregoing, typical
facilities would include plants involved in natural gas or its derivatives; pulp and paper
products; stone, clay, glass, plastic, wood, rubber or metal products; cement or lime
products; automotive assembly or fabrication; and Insect Production Facilities.
INDUSTRIAL, STORAGE AND WAREHOUSING means development used for either indoor
or outdoor storage, warehousing, distribution or trans-shipment of raw materials, partially
processed or finished goods, manufactured products, or equipment. Typical facilities
would include pipe yards, vehicle or heavy equipment service and storage, lumber yards,
storage/warehousing compounds or distribution centres. Generally, no additional
processing would occur on site.
INTERNAL SUBDIVISION ROAD means a public roadway providing access to lots within a
multi- parcel subdivision and which is not designated as a township road or range road.
KENNEL, COMMERCIAL means a development for the breeding, boarding, caring or
training of small animals, normally considered household pets, excluding livestock.
Typical facilities include but are not limited to pet boarding and pet training
establishments.
LANDSCAPING means the modification and enhancement of a site through the use of
any or all of the following elements:
a) soft landscaping consisting of vegetation such as trees, shrubs, hedges, grass
and ground cover; and
b) hard landscaping consisting of non-vegetative materials such as brick, stone,
concrete, tile, and wood, but excluding monolithic concrete and asphalt in the
form of patios, walkways, paths, and parking lots.
For further details refer to the "Mountain View County Business, Commercial, and
Industrial Design Guidelines". All landscaping must be in conformance with these
guidelines.
LIQUOR SALES/DISTRIBUTION SERVICES means development used principally for the
wholesale or retail sale or distribution to the public of any and all types of alcoholic spirits
or beverages as defined by the Alberta Liquor Control Act.
LIVESTOCK means poultry, horses, cattle, sheep, swine, goats, bison, fur-bearing animals
raised in captivity and diversified livestock animals within the meaning of the Livestock
Industry Diversification Act.
LOADING SPACE means an off-road space on the same parcel as a building or group of
buildings for the temporary parking of a commercial vehicle while commodities are being
loaded or unloaded.
LOCAL ADVERTISING shall be limited to advertising of products, goods or services
affiliated with the principal use and development on the property upon which the sign is
situated.
K
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
33
MANUFACTURED HOME PARK means a development for prefabricated dwellings not
having a registered plan of subdivision of individual lots. Spaces, or spaces with
individual prefabricated dwellings already sited on them, may be rented. Ownership and
responsibility for the maintenance of internal roads, underground services, communal
areas and buildings, snow clearance and garbage collection, together with general park
management, rests with the management. This does not include the situation where an
additional agricultural dwelling unit is located on a parcel where the principal dwelling is
a prefabricated dwellings.
MANUFACTURED HOME SPACE means an area set aside and designated within a
manufactured home park for the installation and placement of a manufactured home,
including space for the exclusive accessory use by the owner or occupant of that
manufactured home. It may also mean a parcel in a subdivision designed for
manufactured dwellings.
MAY is a discretionary term, providing notification that the regulation in question can be
enforced if the County chooses to do so, and is usually dependent on the particular
circumstances of the specific parcel and application.
MEAN PARCEL WIDTH means the minimum width of a parcel measured at the front yard
setback for rectangular or pie-shaped lots and measured at the rear yard setback for
reverse pie-shaped lots.
Illustration 2.5-5 - Mean Parcel Width
Note: The illustration above is for clarification
and convenience purposes only and does not
form part of this Bylaw. All provisions of this
Bylaw must be referenced.
MEDICAL TREATMENT SERVICES means development providing room, board and surgical
or other medical treatment for the sick, injured or infirm including out-patient services
and accessory staff residences. Typical facilities would include hospitals, sanitariums,
nursing homes, convalescent homes, psychiatric hospitals, auxiliary hospitals and
detoxification centres.
MINERAL AND RESOURCE EXTRACTION/PROCESSING means development for the
removal, extraction, processing and transmission of raw material from the subject
property for ongoing commercial purposes. Typical resources and raw materials would
include gypsum, other minerals precious or semi-precious, and coal. Typical facilities or
uses would include sawmills and related timber/wood processing and surface mine
installations.
MOTEL means development to serve the traveling public primarily used for the provision
of rooms or suites for temporary lodging where each room or suite has its own exterior
access. It may include accessory eating establishments. This use class does not include
bed and breakfasts.
MOTOR VEHICLE means a motor vehicle that, at the point of its original manufacture,
meets the definition as defined in the Traffic Safety Act.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
34
MOTOR VEHICLE, UNREGISTERED AND/OR INOPERATIVE means a motor vehicle as
defined by this Bylaw that is either not registered through the Traffic Safety Act or is
inoperative, or both. For the purposes of this definition, inoperative means the motor
vehicle cannot be used in its present condition for the purpose for which it was
manufactured.
MULTI-PARCEL RESIDENTIAL SUBDIVISION means a subdivision of land, registered by
plan of survey or descriptive plan containing two (2) or more residential lots where the
residential lots are predominantly 4.05 ha (10.0 ac) in size or less, and have been
created for, or are being principally used for, residential purposes.
MULTIPLE UNIT WIND ENERGY CONVERSION SYSTEM (WECS)/WIND FARM means two or
more WECS developed to generate electrical power that is commercially sold and
distributed off-site to the marketplace.
MUNICIPAL DEVELOPMENT PLAN means the plan adopted by Council as a Municipal
Development Plan and any amendments thereto.
NATURAL SCIENCE EXHIBITS means development for the preservation, confinement,
exhibition or viewing of plants, animals and other objects in nature. Typical facilities
would include zoos, botanical gardens, arboretums, planetariums, aviaries and
aquariums.
OFFICE means development primarily for the provision of professional, management,
administrative, consulting, or financial services in an office setting. Typical uses include,
but are not limited to, the offices of lawyers, accountants, travel agents, real estate and
insurance firms, planners and other consultants, dentists, doctors, clerical services and
secretarial agencies. This excludes government services, the servicing and repair of
goods, the sale of goods to the customer on the site, and the manufacture or handling of
a product.
PARCEL means the aggregate of the one or more areas of land described in a certificate
of title or described in a certificate of title by reference to a plan filed or registered in a
land titles office.
PARCEL AREA means the total area of a parcel in meters.
PARCEL, CORNER means a parcel having a frontage on two (2) or more public roadways
at their intersection or junction.
PARCEL COVERAGE means the combined area, measured at 0.6 m (2.0 ft) above grade,
of all buildings on a parcel excluding all features which would be permitted under this
Bylaw as projections into required yards.
PARCEL DEPTH means the average distance between the front and rear property lines.
PARCEL, INTERIOR means a parcel which is bounded by only one (1) roadway.
PARCEL WIDTH means the distance between the side property lines of a parcel at the
minimum permissible front yard, measured parallel to the road or to the tangent on a
curved road. For rectangular and pie parcels this distance should be measured at front
yard setback line and at rear yard setback line and the average determined.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
35
Illustration 2.5-6- Parcel Lines
Note: The illustration is for
clarification and convenience
only and does not form part of
this Bylaw. All provisions of this
Bylaw must be referenced.
PARK means a development of public land specifically designed or reserved for the
general public for active or passive recreational use and includes all natural and man-
made landscaping, facilities, playing fields, buildings and other structures that are
consistent with the general purposes of public parkland, whether or not such recreational
facilities are publicly operated or operated by other organizations pursuant to
arrangements with the public authority owning the park. Typical uses include band shells,
picnic grounds, pedestrian trails and paths, landscaped buffers, playgrounds and water
features.
PARKING FACILITY means the area set aside for the storage and parking of vehicles and
includes parking stalls, loading spaces, aisles, entrances and exits to the area, and traffic
islands where they are part of the parking facility. For further details refer to the
"Mountain View County Business, Commercial, and Industrial Design Guidelines". All
parking requirements must be in conformance with these guidelines.
PARKING, OFF-ROAD means an off-road facility for the parking of three (3) or more
vehicles.
PARKING STALL means a space set aside for the parking of one (1) motor vehicle.
PERMITTED USE means the one (1) or more uses of land or buildings that are permitted
in a given district, with or without conditions applied by the Approving Authority upon
application having been made. All Permitted Uses require the issuance of a Development
Permit, unless exempted under this Bylaw and shall be a DISCRETIONARY USE when a
relaxation of the district site regulations is proposed.
PERSONAL AND HEALTH CARE SERVICES means development used for the provision of
physical and mental health services on an outpatient basis, of a preventative, diagnostic
treatment, therapeutic, rehabilitator or counselling nature. It may also mean development
related to the care and appearance of the body. Typical uses or facilities would include
medical and dental offices, health clinics, counselling services, fitness centres and clubs,
chiropractor offices, barbershops, and hairdressers.
PORTABLE BATCH PLANT means an operating installation of equipment including
batchers and mixers as required for the preparation of materials such as concrete and
asphalt aggregate mixtures. If the Portable Batch Plant will be operating at an approved
Aggregate Extraction site for less than three (3) months the use can be considered as a
permitted use. If the Portable Batch Plant will be operating at an approved Aggregate
Extraction site for more than three (3) months then the use will be considered as a
discretionary use. Wet scrubber systems shall not be allowed through the permitting
process for portable batch plants.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
36
PRINCIPAL BUILDING means a building which, in the opinion of the Approving Authority
a) occupies the major or central portion of a site;
b)
is the chief or main building among one or more buildings on the site; and
c)
constitutes by reason of its use the primary purpose for which the site is used.
There shall be no more than one (1) principal building on each site unless specifically
permitted otherwise in this Bylaw.
PRINCIPAL DWELLING means the primary residence on the parcel. There shall be no
more than one (1) primary residence on a parcel unless specifically permitted in this
Bylaw.
PRINCIPAL USE means the primary purpose, in the opinion of the Approving Authority, for
which a building or site is used. There shall be no more than one (1) principal use or
development on each site unless specifically permitted otherwise in this Bylaw.
PROFESSIONAL, BUSINESS, FINANCIAL AND OFFICE SUPPORT SERVICES means
development primarily used for the provision of services to businesses, professional,
management, administrative, consulting and financial services. These services may
include the use of minor mechanical equipment for printing, duplicating, binding or
photographic processing, the provision of office maintenance or custodial services, the
provision of office security, and the sale, rental, repair or servicing of office equipment
and furniture. Typical uses or facilities include the offices of lawyers, accountants,
engineers, architects, real estate and insurance firms, banks or credit unions or similar
financial uses, clerical or secretarial and other similar office support uses, printing
establishments, film processing establishments, janitorial firms and office equipment
sales and repair establishments.
PROPERTY LINE means any boundary of a parcel.
PROPERTY LINE, FLANKING means a side property line which abuts the longer public
roadway on a corner or double fronting parcel.
PROPERTY LINE, FRONT means the property line adjacent to:
a)
the public roadway other than a lane, and, in the case of more than one property
line adjacent to the public roadway, the front property line shall be the side that
gains access to the property; and
b)
the internal subdivision road when the parcel abuts an internal subdivision road.
PROPERTY LINE, REAR means the property line furthest from opposite the front property
line.
PROPERTY LINE, SIDE means a property line other than a front or rear property line.
PROTECTIVE AND EMERGENCY SERVICES means development which is required for the
public protection of personal property from injury, harm or damage together with the
incidental storage of equipment and vehicles, which is necessary for the local distribution
of utility services. Typical uses include police stations, fire stations and ancillary training
facilities.
PROVINCIAL OR FEDERAL REGULATION AUTHORITY means any Provincial or Federal
regulatory body which may have guidelines, permit requirements, and/or restrictions on
land and/or development. Such organizations may include, but are not limited to, Alberta
Environment (AE), Alberta Transportation (AT), Alberta Energy Regulator (AER), Energy
Resource Conservation Board (ERCB), Natural Resource Conservation Board (NRCB),
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
37
NavCanada, Sustainable Resource Development (SRD), Canadian Pacific Railway (CP),
Canadian National Railway (CN).
PUBLIC FACILITY as defined by the AER in Directive 056 as amended from time to time.
RECREATION, PASSIVE means opportunities for low-impact, non-motorized activities that
occur in a natural setting which require minimal development or facilities, and the
importance of the environment or setting for the activities is greater than in developed
or active recreation settings.
RECREATIONAL RESORT means development which allows for leisure and vacation
accommodation in association with indoor, outdoor, or passive recreation and other
amenities which form an integral part of the development.
RECREATION SERVICES, COMMUNITY means development for recreational, social or
multi- purpose use primarily intended for local community purposes. Typical facilities
would include community halls and community centres operated by a local residents'
organization.
RECREATION SERVICES, INDOOR PARTICIPANT means development providing facilities
within an enclosed building for sports and active recreation where patrons are
predominantly participants and any spectators are incidental and attend on a non-
recurring basis. Typical facilities would include athletic clubs; health and fitness clubs;
curling, roller skating and hockey rinks; swimming pools; paint ball facilities; bowling
alleys and racquet clubs, indoor soccer fields.
RECREATION SERVICES, OUTDOOR PARTICIPANT means development providing facilities
that are available to the public at large for sports and active recreation conducted
outdoors. Typical facilities would include golf courses, driving ranges, miniature golf
establishments, ski hills, ski jumps, sports fields, outdoor tennis courts, unenclosed ice
surfaces or rinks, athletic fields, boating facilities, Scout/Guide camps, religious outdoor
retreat camps and parks, rifle, pistol and shotgun ranges, and archery.
RECREATIONAL VEHICLE means a vehicle designed to be transported on its own wheels
or by other means (including units mounted permanently or otherwise on trucks),
intended to provide temporary living accommodation for travel, transients and
recreational purposes, and includes such vehicles as travel trailer, tent trailer and motor
home.
RECREATIONAL VEHICLE - PARK MODEL means a recreational vehicle intended for
seasonal, vacation or recreational occupancy that is not self-contained. It is designed for
park camping only, and while it is easily moved from site to site, as a normal recreational
vehicle, it is not capable of "dry camping" as it does not have any water or sewer storage
tanks and must be used with hook- ups. The unit shall conform to CSA Z241 standards.
It is not considered a Dwelling, Prefabricated.
RECREATIONAL VEHICLE STORAGE INDOOR means a development used for the indoor
storage of tent trailers, travel trailers, motor homes or similar recreational vehicles where
such storage of goods and materials involves permanent structures for storage.
RECREATIONAL VEHICLE STORAGE OUTDOOR means a development used for the
outdoor storage of tent trailers, travel trailers, motor homes or similar recreational
vehicles in the open air where such storage of goods and materials does not involve the
erection of permanent structures for storage.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
38
RECYCLING DEPOT means development used for the acceptance and temporary storage
of bottles, cans, tetra-packs, newspapers and similar household goods for reuse, where
all storage is contained within an enclosed building. It may include a container yard for
recycling bins.
REGULATION AUTHORITY, PROVINCIAL AND/OR FEDERAL means any Provincial or
Federal regulatory body which may have guidelines, permit requirements, and/or
restrictions on land and/or development. Such organizations may include, but are not
limited to, Alberta Environment (AE), Alberta Transportation (AT), Alberta Energy
Regulator (AER), Energy Resource Conservation Board (ERCB), Natural Resource
Conservation Board (NRCB), NavCanada, Sustainable Resource Development (SRD),
Canadian Pacific Railway (CP), Canadian National Railway (CN).
RELIGIOUS ASSEMBLY means development owned by a religious organization used for
worship and related religious, philanthropic or social activities and includes accessory
rectories, manses, meeting rooms, classrooms, dormitories and other buildings. Typical
facilities would include churches, chapels, mosques, temples, synagogues, parish halls,
convents and monasteries.
RIDING ARENA, PRIVATE means a building used by the owners or occupants of the site on
which the building is located for the training and exercising of their horses and is not used
for horse shows, rodeos or similar events to which there is a fee to participate in or use
the facilities.
RIDING ARENA, PUBLIC means public facilities (buildings, shelters or other structures) at
which horses are exercised or trained, training in equestrian skills or equestrian
competitions or shows are held and may include unserviced, overnight, self-contained
accommodation. This use does not include Recreational Vehicles Storage.
SCREENING means a fence, earth berm, hedge or trees used to visually and/or physically
separate areas or functions.
SECURITY, GUARANTEED means a cash deposit or an irrevocable letter of credit provided
by a developer to ensure the conditions of a development agreement, subdivision
condition or Development Permit condition are carried out to the satisfaction of the
Approving Authority.
SELECTIVE LOGGING means the cutting, storage, sorting, and grading of primary forest
materials for commercial use of the logs or fibre and includes associated reforestation
and reclamation activities. This use does not include uses considered within the
definition of Mineral Resource Extraction.
a)
This use shall be considered a Discretionary Use in Agricultural and Agricultural (2)
Districts when proposed within ESA level 1 and Hazard Lands excluding Floodway
and Flood Fringe,
b)
This use shall be considered a Permitted Use in Agricultural and Agricultural (2)
Districts when proposed within ESA levels 2, 3 and 4 and Hazard Lands excluding
Floodway and Flood Fringe, and
c)
Minor tree clearing for purposes of Fire Smart and maintenance within all districts,
shall not require issuance of a Development Permit when undertaken within ESA
levels 1, 2, 3 and 4 and Hazard Lands excluding Floodway and Flood Fringe.
SEMI-PUBLIC USE means a development that is used by an association or organization
for the meeting, social or recreational activities of its members, and which may or may
not include the general public. Typical semi-public uses include but are not limited to
lodges, clubs, and service clubs.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
39
SEPARATION DISTANCE means the horizontal distance to be maintained between
different land uses or constructions.
SERVICE STATION means a parcel or the portion thereof used or intended to be used for
any of the following: the servicing or repairing of motor vehicles, sale of gasoline, the sale
of lubricating oils and other automotive fluids, accessories for motor vehicles, and a
towing service dispatch point. A service station does not include a bulk fuel depot as part
of its use class.
SETBACK means the perpendicular distance as measured between that part of a building
nearest to the front, side or rear property line of the building site. In the case of a setback
involving a front yard, it means the distance measured perpendicularly from the front
property line of the parcel to the nearest point of the building excluding the eaves and/or
projections.
SHALL is a directive term that indicates that the actions outlined are mandatory and
therefore must be complied with, without discretion.
SHIPPING CONTAINER means a sea can or container, originally used to transport goods,
now used as an accessory building for storage or other uses.
SHOULD is a directive term that provides direction to strive to achieve the outlined action
but is not mandatory. When the regulation is directed to the developer, the onus is on
the applicant to justify why the desired action/result is not proposed and/or will not be
achieved.
SHOW HOME means a permanent dwelling which is constructed for the temporary
purpose of illustrating to the public the type or character of a dwelling or dwellings to be
constructed in other parts of a subdivision or development area. Show homes may
contain offices for the sale of other lots or dwellings in the area.
SIGHT TRIANGLE means that triangle formed by a straight line drawn between two points
on the parcel lines of a parcel from the point where the parcel lines intersect.
Illustration 2.5-7 - Sight Triangle
Note: The above illustration is for clarification and
convenience only and does not form part of this Bylaw. All
provisions of this Bylaw must be referenced.
SIGN means an object or device intended for the purpose of advertising or calling
attention to any person, matter, thing or event. Sign typology may consist of the following:
awning, canopy, fascia, gateway, directional, freestanding, inflatable, painted wall,
portable, projecting, pylon, or wall. For further details refer to the "Mountain View County
Business, Commercial, and Industrial Design Guidelines". All signs must be in
conformance with these guidelines.
SIGN, ELECTION means a sign use to promote a candidate or party during a municipal,
school board, provincial, or federal election or any election held pursuant to the Local
Authorities Election Act.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
40
SIGN, GATEWAY AND DIRECTIONAL means a sign that indicates distance and/or direction
to a place of business or other premises indicated on the sign. No more than one (1)
directional sign per parcel.
SIGN, IDENTIFICATION means a sign which contains no advertising, but it is limited to the
name, address, person, or institution such as school or community hall. This also
includes farm and dwelling signs exclusive of the rural address sign and does not include
any business-type signs.
SIGN, ON-SITE COMMERCIAL means a sign that refers to goods, activities or services
produced, offered for sale or free obtained at the premises or on the parcel on which the
sign is located or displayed. It can be produced in any sign typology as defined in
"Mountain View County Business, Commercial, and Industrial Design Guidelines" but
does not include a third-party commercial sign.
SIGN, PROHIBITED as per Section 7.2.4 Prohibitions
SIGN, REAL ESTATE means a temporary sign erected on a parcel by the owner or the
agent of the owner of the parcel, advertising the property for sale or lease.
SIGN, PORTABLE AND INFLATABLE means any sign or advertising device, advertising
products or services located on-site, that can be carried or transported from one site to
another, which does not rely on a building or a fixed concrete foundation for its structural
support. This includes sign commonly known as mobile signs, temporary signs, inflatable
signs, A-Board, or devices or banners, whether tethered to a building or not, but does not
include signage permanently attached and forming part of motor vehicles used for the
day-to-day conduction of a business. This sign shall be in place no longer than three (3)
months.
SIGN, THIRD-PARTY COMMERCIAL means a third-party advertising sign that refers to
goods, activities or services produced, offered for sale or free obtained neither at the
premises nor on the parcel on which the sign is located or displayed.
SIMILAR AND COMPATIBLE USES means those uses, which in the opinion of the
Approving Authority, are similar to one (1) of the Permitted or Discretionary Uses and,
which conform to the general purpose of the district.
SINGLE WIND ENERGY CONVERSION SYSTEM (SWECS) means a single wind energy
conversion system developed to generate electrical power that is primarily utilized and
consumed onsite.
SITE means one (1) or more parcels for which an application is being made, and may
include roadways, walkways and any other land surface upon which development is
proposed.
SITE AREA means the total area of a site in metric.
SITE COVERAGE refers to parcel coverage.
SITE PLAN means a plan submitted in support of a Development Permit application, the
approval of which may require a development servicing agreement, including matters
such as engineering drawings for sewer, storm drainage, water, roads, etc.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
41
Illustration 2.5-8 - Typical Information Indicated
on a Site Plan
Note: The above illustration is for clarification and
convenience only and does not form part of this
Bylaw. All provisions of this Bylaw must be
referenced.
SOLAR COLLECTOR means a device or combination of devices, structures, or part of a
device or structure that transforms direct solar energy into thermal, chemical, or electrical
energy and which will be used primarily to reduce on-site consumption of utility
energy/power.
SPECTATOR SPORTS ESTABLISHMENTS means development providing facilities
intended for sports and athletic events that are held primarily for public entertainment,
where patrons attend on a recurring basis. Typical facilities would include coliseums,
stadiums, arenas, rodeos, animal racing tracks and vehicle racing tracks.
STATUTORY HOLIDAY means a general holiday, as outlined by the Alberta Employment
Standards Code or otherwise designated by regulation by the Lieutenant Governor in
Council. These general holidays include, but are not limited to, the following;
a)
New Years Day,
b)
Alberta Family Day
c)
Good Friday
d)
Victoria Day
e)
Canada Day
f)
Labour Day
g)
Thanksgiving Day
h)
Remembrance Day
i)
Christmas Day
STATUTORY PLAN means a municipal development plan, area structure plan or area
redevelopment plan pursuant to the Municipal Government Act.
STOREY means that portion of a building which is situated between the top of any floor
and the top of the floor next above it, and if there is no floor above it, that portion
between the top of a floor and the ceiling above it. A basement is deemed not to be a
storey.
STRUCTURE means anything constructed or erected on the ground, or attached to
something on the ground, and includes all buildings.
SUBDIVISION means the division of a parcel of land by an instrument that creates
separate titles.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD means the same as defined in the Act.
SUBDIVISION AUTHORITY as established pursuant to the Act, means the person(s)
defined by the Approving Authorities Bylaw of Mountain View County to exercise
subdivision powers and duties on behalf of the County.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
42
SUSTAINABLE DEVELOPMENT means a development path along which the maximization
of human well-being for today's generations does not lead to declines in future well-
being.
TEMPORARY PERMIT means a Development Permit issued on a temporary basis with a
specified permit expiry date, with no ability for the permit to be renewed, unless granted
by the Approving Authority.
TREE CLEARING/CLEAR CUTTING means the cutting down and/or removal of trees other
than for Selective Logging.
a)
This use shall be considered a Discretionary Use in all Districts when proposed
within ESA levels 1, 2, 3 and 4 and Hazard Lands excluding Floodway and Flood
Fringe.
b) When undertaken outside of an ESA or hazard lands for agricultural practices or
for minor tree clearing for purposes of Fire Smart and minor maintenance, shall
not require issuance of a Development Permit.
c) Minor tree clearing for purposes of Fire Smart and maintenance within all
districts, shall not require issuance of a Development Permit when undertaken
within ESA levels 1, 2, 3 and 4 and Hazard Lands excluding Floodway and Flood
Fringe.
TOURIST CAMPGROUND means development of land which has been planned and
improved for the seasonal use of holiday trailers, motor homes, tents, campers and
similar recreational vehicles in numbers larger than permitted in the existing zonings,
for longer than thirty (30) calendar days per year, and is not used as year round storage,
or accommodation for residential use.
UNRESTRICTED COUNTRY DEVELOPMENT as defined by the Alberta Energy Regulator
(AER) in Directive 056 and clarified by AER Bulletin 2013-03 as amended from time to
time.
UTILITY means the components of a sewage, storm water, or solid waste disposal
system, or a telecommunication, electrical power, water, gas or oil distribution system.
UTILITY BUILDING means a building in which the proprietor of a utility company
maintains or houses any equipment used in connection with the utility.
UTILITY SERVICES, MAJOR INFRASTRUCTURE means development for public or private
utility infrastructure purposes which is likely to have a major impact on the environment
or adjacent land uses by virtue of their emissions, effect or appearance. Typical facilities
would include sewage and/or water treatment plants, sewage lagoons, dams, waste
transfer/compacting stations, power generating stations, cooling plants, incinerators,
and waste recycling plants, and high voltage electrical transmission towers.
UTILITY SERVICES, MINOR INFRASTRUCTURE means development for public or private
utility infrastructure purposes which is both basic and common to the development and
has relatively minor impact on the environment or adjacent land uses by virtue of their
emissions, effect or appearance. Typical facilities would include natural gas lines and
regulating stations, telephone exchanges and lines, water and sewer lines, public
roadways, local electrical transmission and distribution facilities, and television cable
lines.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
43
WASTE MANAGEMENT FACILITY, MAJOR means a site used primarily for the storage,
processing, treatment and disposal of solid and/or liquid wastes, which may have
adverse environmental impact on adjacent sites by virtue of potential emissions and/or
appearance. Typical uses include sanitary landfills, garbage transfer and compacting
stations, recycling facilities (not including recycling depots), incinerators, sewage
lagoons, and similar uses.
WASTE MANAGEMENT FACILITY, MINOR means a site used for the storage, disposal and
filling of clean clay, waste concrete and paving materials, non-noxious scrap building
materials, and similar non-hazardous wastes which normally do not generate any
environmental pollution to the site and surrounding lands. This includes a dry waste site
and may include wrecking and scrap metal yards.
WIND ENERGY CONVERSION SYSTEM (WECS) means the aggregation of parts, including
but not limited to the tower, nacelle and blades that in their aggregate convert wind energy
into electrical power.
WORK CAMP, LONG TERM means one (1) or more building(s) established for a specified
time period, to accommodate persons who are employed in mining, lumbering,
construction, drilling, resource exploration and any similar industry, and includes land
on which the building or buildings are situated.
WORK/LAY DOWN CAMP means industrial camps needing to provide a short-term
temporary accommodation and industrial storage for a specific time frame.
YARD means a required open space unoccupied and unobstructed by any building or
portion of a building above the general ground level of the graded site, unless otherwise
permitted in this Bylaw.
Illustration 2.5-9 - Yards
Note: The above illustration is for clarification and convenience only and does
not form part of this Bylaw. All provisions of this Bylaw must be referenced.
YARD, EXTERIOR SIDE means the side yard of a corner that abuts the longer of the two
(2) public roadways.
YARD, FRONT means that portion of the site extending across the full width of the site
from the front property line of the site to the nearest portion of the building and shall be
measured at right angles to the front property boundary.
Front Yard
Width
Front Lot Line
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
44
YARD, REAR means that portion of the site extending across the full width of the site
from the rear property boundary of the site to the nearest portion of the building and
shall be measured at right angles to the rear property boundary.
YARD, SIDE means that portion of the site extending from the front yard to the rear yard
and lying between the side property boundary of the site and the nearest portion of the
building and shall be measured at right angles to the side property boundary.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
45
Section 3
APPROVING AUTHORITIES
PREAMBLE
This Section of the Land Use Bylaw addresses the roles of the Approving Authorities in the
Development and Subdivision approval and appeal process. The main authorities involved
in this process include Council, the Development Officer, Designated Officer, the Municipal
Planning Commission, the Administrative Subdivision and Development Approving Authority,
and the Subdivision and Development Appeal Board.
Note: The text contained within this grey box does not form a part of the Land Use Bylaw and is only
provided as context for the reader.
3.1.
Council
1.
Pursuant to Section 623 of the Act, Council must by Bylaw provide for a
Development Authority to exercise development powers and perform duties on
behalf of the Municipality.
2.
The Development Authority shall include one or more of the following;
a)
a Designated Officer;
b)
a Development Officer (DO);
c)
the Municipal Planning Commission (MPC);
d)
the Administrative Subdivision and Development Approving Authority (ASDAA); or
e)
any other person or organization, whose specific roles are determined in
separate Bylaws.
3.
Pursuant to Section 623 of the Act, Council must by Bylaw provide for Subdivision
Authority to exercise subdivision powers and perform duties on behalf of the
Municipality.
4.
The Subdivision Authority shall include one or more of the following;
a)
the Municipal Planning Commission (MPC);
b)
the Administrative Subdivision and Development Approving Authority
(ASDAA); or
c)
any other person or organization, whose specific role are determined in
separate Bylaws.
5.
Pursuant to Section 641 of the Act, Council is the Approving Authority to decide on
Development Permit applications in Direct Control Districts as provided for in
Section 17 of this Bylaw.
3.2.
Development Officer and Designated Officer
1.
The office of the Development Officer is hereby established, and such office shall
be filled by a person or persons to be appointed by the Chief Administrative Officer
of Mountain View County as appointed by Council and shall perform such duties
that are specified in this Bylaw and the Act. The Development Officer shall
a)
keep and maintain for the inspection of the public during all reasonable
office hours, a copy of this Bylaw and all amendments thereto, and ensure
that copies are available at a reasonable charge as prescribed by Council,
and
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
46
b)
keep and maintain for the inspection of the public during all reasonable
office hours, a register of all applications for development, including the
decisions thereto and the reasons thereto.
2.
In the absence of the Chief Administrative Officer, Council may appoint a person or
persons to fill the office of the Development Officer.
3.
For the purposes of right of entry for land use, development and subdivision
matters, the Development Authority is hereby authorized to carry out the duties and
powers of a Designated Officer pursuant to the Act. A Development Officer, Bylaw
Enforcement Officer, Peace Officer or any other official appointed by Council is
authorized to enforce the provisions of the Bylaw and may be referred to in this
Bylaw as a Designated Officer.
4.
The Development Officer shall review and render decision on Development Permit
applications which:
a)
are deemed permitted uses;
b)
require a setback relaxation up to 20% of the required setbacks as outlined in
the Site Regulations of each specific district
5.
The Development Officer holds the right to defer any Development Permit
Application to the Administrative Authority or to the Commission to render a
decision.
3.3.
Municipal Planning Commission
1.
The Municipal Planning Commission, established by Bylaw, shall perform such
duties as are specified in the said Bylaw and as specified in any policies and
procedures established by the Municipal Planning Commission from time to time.
3.4.
Administrative Subdivision and Development Approving Authority
1.
The Administrative Subdivision and Development Approving Authority, established
by Bylaw, shall perform such duties as are specified in the said Bylaw, hereinafter
called the Administrative Authority.
2.
The Administrative Authority shall review and render decision on Development
Permit Applications which:
a)
require a setback relaxation of the required setbacks as outlined in the Site
Regulations of each specific district, which are deemed by the Approving
Authority not to have a negative impact on adjacent lands or uses;
b)
discretionary uses of land and/or buildings as outlined each specific district,
which are deemed by the Approving Authority not to have a negative impact
on adjacent lands or uses.
3.5.
Subdivision and Development Appeal Board
1.
Except as otherwise specified in this Bylaw, the Subdivision and Development
Appeal Board shall perform such duties as are specified in this Bylaw, the
Subdivision and Development Appeal Board Bylaw and the Act.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
47
PART 2 PLANNING &
DEVELOPMENT APPLICATIONS
4.0 Development Application
Requirements
5.0 Development Approval Process
6.0 Amendment Process
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
48
Section 4
DEVELOPMENT APPLICATION REQUIREMENTS
PREAMBLE
This section outlines the requirements of a development application. It also lists
circumstances, activities, structures and/or developments that do not require the
issuance of a Development Permit if the development meets all requirements noted.
Note: The text contained within this grey box does not form a part of the Land Use Bylaw
and is only provided as context for the reader.
4.1.
Orderly, Economic and Beneficial Development
1.
Except as otherwise provided for in Subsection 4.2 and each Land Use District, no
development shall be commenced unless a Development Permit application has been
approved, a Development Permit issued, and the development is in accordance with
the terms and conditions of a Development Permit issued pursuant to this Bylaw.
2.
When a Development Permit application is approved with conditions, all "prior to"
conditions must be satisfied prior to advancing the issuance of the Development
Permit.
3.
In addition to meeting the requirements of this Bylaw, it is the responsibility of the
applicant to ensure and obtain other safety code approvals or licenses that may be
required by other regulatory departments or agencies.
4.
The Approving Authority may advertise and circulate to adjacent landowners
Development Permit applications for discretionary land uses.
4.2.
No Development Permit Required
1.
In addition to the land uses classes exempted from the requirement of a Development
Permit as outlined in each land use district, the following circumstances, activities,
structures and/or developments do not require the issuance of a Development Permit
if the development meets all requirements noted:
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
49
Table 4.2-1: Activities and Uses That Do Not Require Development Permit (shall meet the applicable district
regulations)
ACTIVITIES AND USES THAT DO NOT REQUIRE DEVELOPMENT PERMIT
Aerodrome and Hangar that falls under Federal jurisdiction, the Aeronautics Act and Regulations, is not required to meet any
Land Use Bylaw regulations.
The completion/continuation of a development that was initiated in accordance with a lawful Development Permit issued
before the effective date of this Bylaw.
Demolition of a building or structure in compliance with the requirements of the Alberta Safety Codes Act.
The use of a building, or part thereof, as any official temporary use in connection with a Federal, Provincial or Municipal
election, referendum or census.
Fencing - erection, construction, maintenance or alteration of a gate, fence,
wall or other structural means of enclosure may be placed on the property
line. A minimum of 20.0 metres (65.6 ft) from the front property line shall be
maintained for a solid board fence.
Fencing must meet the provisions of
Section 9.7 Corner Parcel Restriction
Foster Home (as approved by the Province of Alberta) within a dwelling unit.
Temporary/transient hawking of food products (fruit, vegetables, meat or fish), Christmas trees, flowers or other
miscellaneous items.
On-site private sewage disposal system/water supply system
as defined by the Safety Codes Act.
Shall be located on a parcel containing a principal
building and in accordance to all setbacks as prescribed
in the Alberta Private Sewage Systems Standard of
Practice.
The installation, maintenance and repair of public works, services and utilities carried out on behalf of Federal, Provincial or
Municipal authorities on land that is publicly owned or controlled.
The construction, completion, alteration, maintenance or repair of a roadway, laneway or utility undertaken upon a public
thoroughfare or utility easement or undertaken to connect the same with any lawful use of buildings or land.
The carrying out of routine maintenance to any building, provided that such works do not include or constitute structural
alterations. Typical routine maintenance includes but is not limited to siding replacement, window replacement, roofing,
painting, siding etcetera.
The storage of goods and materials related to an agricultural operation such
as equipment and hay stacks.
Minimum Front Yard - 15 metres; Must
meet other yard requirements of district.
The erection, construction or maintenance of a temporary building which is necessary only for the construction, alteration,
maintenance or marketing of a building for which a Development Permit has been issued or a development agreement has
been entered into.
Those land uses and developments exempted under Section 618 of the Act and regulations thereto.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
50
Table 4.2-2: Structures and Development That Do Not Require Development Permit (shall meet noted and
district regulations)
DEVELOPMENT NOT REQUIRING A
DEVELOPMENT PERMIT
ADDITIONAL REGULATIONS
Accessory Buildings less than
10.0 m2 (107.6 ft2)
All Accessory Buildings less than 10.0 m2 (107.6 ft2) must meet district regulations.
Accessory Buildings related to
uses not requiring a Development
Permit (exempt)
Must meet required land use district regulations.
Alternative/Renewable Energy
Development, Individual
Must meet required land use district regulations and specific use regulations listed within
section 10.1 of this Bylaw.
Amateur Antennas and Satellite
Dishes
- Shall be located on the same site as the intended signal user
- Shall conform to the site regulations respecting communication towers (Section 10.8)
- Maximum height of an amateur antenna in multi-parcel residential districts shall be 15.0 m
(49.2 ft)
- Shall not be illuminated unless required by Transport Canada
- Except for a manufacturer's logo, shall not exhibit or display any advertising.
Borrow Pit
Borrow pits for Mountain View County projects that are approved by Council; Borrow Pits for Oil
and Gas facilities regulated by the AER; and/or Borrow Pits for projects carried out on behalf of
Federal or Provincial Authorities.
Decks
Must meet required district regulations.
Dugout
Must meet required district regulations and provincial legislation.
Farm Buildings
Although exempt from Development Permits, all permanent farm buildings must meet other
applicable regulations in their respective districts. In agriculture districts portable farm buildings
minimum front yard shall be 15.0 m (49.2 ft).
Shipping containers (Sea Cans)
Shall be considered as an Accessory Building in the following districts:
-
A or A(2) - up to four (4) units
-
I-BP, I-HI, or P-PR - a maximum of two (2) units
-
R-CR, R-CR1, or R-F - a maximum of one (1) unit, as a permitted use.
-
A and A(2) parcels must be greater than 5.0 acres in size, otherwise use becomes
discretionary
-
must meet district regulations
-
the containers shall not be stacked one upon the other
-
exterior finish shall complement the exterior finish of the principal building
-
the containers shall be screened from view through the provision of appropriate landscaping
and/or screening.
Signage
Identification signs, real estate signs, and portable signs.
Swimming pools/hot tubs
Must meet required district regulations but may require Safety Codes Permits as per the Safety
Codes Act.
Television or communication
towers
Shall be less than 15.0 m (49.2 ft) in height and shall be sited on a parcel of at least 0.40 ha
(1.0 ac).
Recreational Vehicle - Exempt
Temporary Accommodations
The maximum number of recreational vehicle units shall be in conformance with the maximum
allowable units for storage purposes as regulated within the A, A(2), R-F Districts:
-
Shall be seasonal occupancy from May 1 to October 31 unless otherwise justified by the
agricultural operation.
-
Shall not have additions or alterations to the units.
Tree Clearing
Refer to the definition of Tree Clearing.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
51
4.3.
Application Requirements for Development Permit or Compliance
Certificate
1.
An application for a Compliance Certificate shall be made in writing to the County and
shall include the application fee and a Real Property Report (less than one year old).
If compliance with the regulations of this Land Use Bylaw can be granted, the Real
Property Reports will be stamped, dated, and signed. If compliance cannot be
granted, and the applicant obtains a Development Permit immediately thereafter to
gain compliance, administration can re-stamp the original Real Property Report to
grant full compliance, upon request.
4.4.
Supplementary Requirements
1.
The Approving Authority or County staff may request supplementary information to
support the evaluation and assessment of a Development Permit application.
2.
Pursuant to the MDP, a development application may require concept plan
preparation, including a public consultation process, consistent to the scope and
intensity of a proposed development to inform greater detail of a proposed
development and its future impact on adjacent lands, as well as to demonstrate how
this individual application complies with any applicable ASP and the MDP. The
Concept Plan may be adopted by bylaw of Council.
4.5.
Community Consultation Program
1.
As some types of developments may have negative impacts on surrounding property
owners, applicants will be required to carry out a community consultation program
prior to submission of a Development Permit application. The community
consultation program shall be subject to the approval of the Approving Authority.
2.
The Approving Authority shall have the discretion to require the applicant of an
application for a discretionary land use to undertake community consultation with all
stakeholders and landowners within a 0.8 km (0.5 mile) radius from the parcel
boundary prior to an application being made to the County. At the discretion of the
Approving Authority the radius may be extended.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
52
Section 5
SUBDIVISION AND DEVELOPMENT APPROVAL PROCESS
PREAMBLE
This section outlines the approval process of a development and subdivision
application. Brochures explaining the approval process and the relation with
various levels of approving authorities are available through Planning &
Development Services for further clarification.
Note: The text contained within this grey box does not form a part of the Land Use
Bylaw and is only provided as context for the reader.
5.1.
Complete Development Permit Applications
1.
The Approving Authority shall determine within twenty (20) calendar days (after the
date of submission) if a Development Permit application is a complete application
and send a notice in writing of confirmation to the applicant.
2.
A complete Development Permit application shall include all the requirements of
the applicable District, Section 4 and any other Sections of the Land Use Bylaw that
applies to the application as well as:
a)
Payment in full of applicable fees; and
b)
Where subdivision is required, the subdivision must be registered pursuant to
the subdivision regulation or comply with the Development Agreement(s) for
the subdivision.
3.
If the Approving Authority fails to determine within the twenty (20) calendar days
(after the date of submission) if a Development Permit is complete, the application
shall be deemed complete.
4.
If an application is deemed incomplete, the Approving Authority shall issue a letter
to the applicant that lists the outstanding documents and information to be
submitted within a specified timeframe to be considered a complete application.
a)
After the outstanding documents and information is submitted and reviewed
to determine if the application is complete, the Approving Authority shall send
a notice in writing to the applicant to confirm the application is complete.
5.
Failure to submit the outstanding documents and information within the timeframe
of the letter or a timeframe as agreed between the applicant and the Approving
Authority, the application shall be deemed to be refused and the Approving Authority
shall proceed to issue a Notice of Decision for refusal with reasons.
5.2.
Decision on a Development Permit Application
1.
In making a decision on an application, the Approving Authority may approve the
application with or without conditions, or if it relates to a discretionary use, refuse
the application.
2.
A Notice of Decision shall be sent to the applicant/landowner the same date the
decision is made by the Approving Authority.
3.
Before a decision is made, an application may be referred to such authorities or
external agencies as the Approving Authority considers necessary, or is required by
the Municipal Development Plan, any Inter-Municipal Development Plan or any
other statutory document, for comments and advice respecting the application.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
53
4.
In reviewing a Development Permit application, the Approving Authority may request
additional information or documentation this is considered necessary to make a
determination.
5.
In determining a Development Permit application for industrial or commercial land
use, the Approving Authority shall, among other things, evaluate the application based
on the provisions of the "Mountain View County Business, Commercial, and Industrial
Design Guidelines" adopted by Council.
6.
Despite being listed as a permitted use in a land use district, no Development Permit
shall be issued if the site is determined to be unsuitable for the proposed use at the
discretion of the Approving Authority.
7.
The Approving Authority shall recommend approval or refusal of the application and
may impose such conditions that are considered necessary to mitigate potential
impacts.
8.
Pursuant to Section 684 of the Act, an application for a Development Permit is, at the
option of the applicant, deemed to be refused if the decision of an Approving Authority
is not made within forty (40) days of a completed application being received by the
County, unless the applicant has entered into an agreement with the Approving
Authority to extend the forty (40) day period.
9.
Pursuant to Section 640(6) of the Act, the Approving Authority may approve an
application for Development Permit notwithstanding that the proposal does not
comply with this Bylaw, if in the opinion of the Approving Authority:
a)
the proposal would not:
(i)
unduly interfere with the amenities of the neighbourhood; or
(ii)
materially interfere with or affect the use, enjoyment, or value of
neighbouring properties; and
b)
the proposal conforms with the use prescribed for that land or building under
this Bylaw.
10.
In the event that a variance is granted for a Development Permit application, the
Approving Authority shall specify the nature of the approved variance in the
Development Permit approval.
11.
The Approving Authority may grant a variance on non-compliant Real Property Reports
based on the conditions of an approved Development Permit or existing non-
conforming development. Where the Municipality is requested to provide comments
on a Real Property Report with respect to legally established or non-conforming
existing development, the Approving Authority may:
a)
where development is legally non-conforming or a Development Permit was
not required, grant relaxation of development standards up to 40%;
b)
where a Development Permit has been issued, grant relaxation by 10% of
approved setback; or
c)
otherwise require the issuance of a Development Permit for reasons of safety,
hazard or general public concern or additional relaxation.
5.3.
Conditions of a Development Permit
1.
The Approving Authority may impose conditions to the approval of a permitted use to
ensure compliance with this Bylaw and other provincial regulations. All applicable
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
54
standard conditions contained in the "Development/Location Permit Standard
Conditions" Policy shall be attached to all Development Permits, together which such
other conditions as may be stipulated by the Approving Authority in the approval of
the permit and which other conditions are to address planning considerations
relevant to the proposed development, including any to ensure that Part 17 of the
Act and regulations there under, applicable statutory plans and land use bylaw
provision are complied with.
2.
The Approving Authority may impose such conditions as deemed appropriate for the
approval of a discretionary use or where a variance has been granted.
3.
The Approving Authority may impose a condition that shall be met prior to issuance
of the development with a specified time frame where deemed appropriate.
4.
Pursuant to Section 650 of the Act, as condition of subdivision or Development
Permit being issued, the applicant may be required to enter into an agreement with
the County to do any or all of the following:
a)
to construct or pay for the construction and/or upgrading of public roadways
required to give access to the development;
b)
to construct or pay for the construction of
(i)
a pedestrian walkway system to serve the development, or
(ii)
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;
c)
to install or pay for the installation of public utilities, other than
telecommunications systems or works, that are necessary to serve the
development;
d)
to construct or pay for the construction of off-road or other parking facilities,
and loading and unloading facilities;
e)
to pay an off-site levy or redevelopment levy; and
f)
provide a guaranteed security as per Subsection 5.4. to ensure that any or all
of the above are provided to the satisfaction of the Approving Authority.
5.4.
Guaranteed Security Triggered by Development Permits
1.
Pursuant to the Act, Municipal Planning Commission may require as a condition of
a Development Permit a guaranteed security upon evaluation of the scale and the
type of any proposed development. The purpose of the guaranteed security is to
ensure the completion of the Development Permit conditions or the acceptable
mitigation of issues created by the development if the developer defaults on the
development. The security may take the form of a cash deposit or an irrevocable
letter of credit. Guaranteed security will not be required for single lot residential
development.
2.
The amount of the guaranteed security shall be based on the projected costs by the
developer/owner to calculate the guaranteed security based onall the supporting
information, including but not limited to, engineering drawings and technical studies
to assess the projected costs of the development for the purposes of determining
the amount of guaranteed security required.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
55
3.
The amount of the guaranteed security required will depend upon the conditions of
the Development Permit for which the security is intended to ensure compliance.
The guaranteed security may amount to 100% up to 125% of the costs of performing
or complying with the particular requirement. In this Bylaw, a guaranteed security
may be required for:
a)
improvements intended to service condominium development or improvements
intended to service large scale development with or without municipal
infrastructure;
b)
implementation of reclamation plan and soil remediation;
c)
maintenance, repairs, or improvements associated with previous use or the
relocation of a structure;
d)
implementation of landscaping; and
e)
performance of obligations pursuant to a development agreement.
4.
The County shall hold the guaranteed security, without interest payable, until the
conditions of the Development Permit have been met to the satisfaction of the
Approving Authority.
5.
Any letter of credit shall allow for partial draws by the County, if the conditions of the
Development Permit are not completed to the satisfaction of the Approving Authority.
The County may draw on a cash security or a letter of credit and the amount thereof
shall be paid to the County for its use absolutely. All expenses incurred by the County,
to renew or draw upon any letter of credit, shall be reimbursed by the
owner/developer to the County by payment of invoice or from the proceeds of the
letter of credit.
6.
In the event the owner/developer does not complete the required conditions of the
Development Permit and the cash or the proceeds from the letter of credit are
insufficient for the County to complete the required work, should it elect to do so,
then the owner/developer shall pay such deficiency to the County immediately upon
being invoiced.
7.
Once all the conditions of the Development Permit are met the guaranteed security
will be released. The County shall provide an accounting to the owner indicating how
the proceeds of the letter of credit were applied, within sixty (60) days of completing
the conditions of the Development Permit.
5.5.
Notice of Decision and Re-application Interval
1.
If a decision on a Development Permit application is issued for a Permitted Use for
which a variance has been granted or for a Discretionary Use the Approving
Authority shall:
a)
send the notice in writing to the applicant of the approval on the same day
the decision is made;
b)
publish the Notice of Decision on the County's website on the same day the
decision is made and shall serve as the notice of issuance of the Permit to
comply with section 686 (1)(b) of the Act;
c)
provide notice in writing to the adjacent land or the adjoining properties that
were circulated as part of the processing of the application;
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
56
d)
publish a notice of the decision in the newspaper circulating in the
Municipality stating the legal description of the land on which the
development is being considered and the nature of the variance or
development; and
e)
state whether the appeal lies with the Subdivision and Development Appeal
Board or to the Land and Property Rights Tribunal in accordance with the Act,
the procedure for any Appeal and the date the Appeal period expires.
2.
If an application for Development Permit is refused, the Approving Authority shall
send the notice in writing to the applicant on the same day the decision is made.
3.
When an application for a Development Permit is refused or refused as a result of
an Appeal to the Subdivision and Development Appeal Board, the submission of
another application for the same or similar use on the same parcel by the same or
any other applicant may not be made for a period of one (1) year (12 months) from
the date of issue of the refusal, except where Council has by resolution waived the
one (1) year (12 months) waiting period and except when the refusal was the result
of an incomplete application. If necessary, the determination of what constitutes
same or similar use shall be made by referring the matter to the Approving Authority.
If a second application is refused, a third application may not be made within one
and a half (1.5) years (18 months) of the date of refusal.
5.6.
Issuance and Validity of Development Permits
1.
A Development Permit shall come into effect twenty-two (22) days after the date of
the issue of the Notice of Decision, unless an Appeal is made to the Appeal Authority.
2.
If an Appeal is made, the effective date of the permit shall be the date of the appeal
decision.
3.
The Approving Authority may impose the condition that any proposed development
be permitted on a time limited basis and establish how long the Development
Permit remains in effect. When the time limit on the Development Permit expires,
the holder of the permit is from that point without a permit, unless an application
for renewal has been duly submitted prior to the expiration of the permit.
4.
The Approving Authority may, prior to the expiry date of a time limited Development
Permit accept a time extension request provided that the applicant has submitted
a duly signed, written request to renew/extend the time duration specified in the
permit, renew/extend the time duration of a Development Permit approval provided
that no complaints or concerns regarding the development have been received or
identified
5.
Unless otherwise specified in the Development Permit or in the conditions of
development approval, if the development authorized by a Development Permit is
not complete within twenty-four (24) months from the effective date of the permit,
such permit approval ceases and the permit itself is deemed void, expired and
without effect, unless an extension to this period has been previously granted.
6.
The Approving Authority may consider a time extension request for a development
not completed within twenty-four (24) months from the effective date of the permit
or for a specified time frame contained within a condition, after the permit has
expired, if in the opinion of the Approving Authority the request is considered to be
within a reasonable time period of expiry of the permit and the applicant provides
the following in writing;
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
57
a)
duly signed, written request to renew/extend the time duration specified in
the permit, renew/extend the time duration of a Development Permit
approval provided that no complaints or concerns regarding the development
have been received and;
b)
demonstrate that the development has commenced and is in the final stages
of completion, therefore identifying what portions of the development remain
to comply with the development permit.
7.
a)
The Approving Authority may consider an amendment to a Development
Permit after issuance of the permit, if all of the following criteria is met. The
amendment will not affect the use and intensity the approved development.
b)
The development did not receive objections as part of the development
application process.
5.7
Complete Subdivision Applications
1.
The Approving Authority shall determine within twenty (20) calendar days (after the
date of submission) if a Subdivision application is a complete application and send
a notice in writing of confirmation to the applicant.
2.
A subdivision application shall be considered complete if all of the following
minimum requirements are provided by an applicant in accordance with the
Subdivision and Development Regulation:
a)
Complete application filled-in with owner authorization and applicant
signature;
b)
Site sketch showing the proposed subdivision boundaries and if necessary,
all structures within the proposal with the location of servicing;
c)
Permission for reasonable right-of-entry by County staff for site inspection;
d)
Current Certificate of Title dated within thirty (30) days prior to the
application date;
e)
Abandoned well information as per Alberta Energy Regulator;
f)
Payment in full of applicable fees;
g)
If required, a Subdivision Time Extension Agreement; and
h)
At the discretion of the Approving Authority, if required, information as
identified in Section 4, subsection (3) and (4) of the Subdivision and
Development Regulation.
3.
If the Approving Authority fails to determine within twenty (20) calendar days (after
the date of submission) if a Subdivision application is complete, the application
shall be deemed complete.
4.
If an application is deemed incomplete, the Approving Authority shall issue a letter
to the applicant that lists the outstanding documents and information to be
submitted within a specified timeframe to be considered a complete application.
a)
After the outstanding documents and information is submitted and
reviewed to determine if the application is complete, the Approving
Authority shall send a notice in writing to the applicant to confirm the
application is complete.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
58
5.
If an application for Subdivision requires a land use Redesignation in accordance
with County's statutory plans and Land Use Bylaw, the Redesignation and
Subdivision applications may be submitted at the same time. The Redesignation
application shall proceed before the Subdivision application and:
a)
As part of complete application, a Time Extension Agreement shall be
entered into with the applicant to extend the decision time limit in which
the Subdivision decision must be made within sixty (60) calendar days
after the date the Redesignation decision is made.
6.
Pursuant to the Act, additional information and/or documentation necessary to
review a Subdivision application may be required from the applicant/landowner
during the course of a file review.
7.
If a Subdivision application is deemed incomplete because the applicant/landowner
fails to provide the information within the agreed timeframe, the application shall be
refused with reasons by the Approving Authority unless the applicant/landowner had
previously expressed, in writing, to have the Subdivision application withdrawn.
5.8
Subdivision Time Extension for Meeting Conditions
1.
Prior to the expiration date of a conditionally approved subdivision, an applicant may
submit a subdivision time extension request and accompanying fees to extend the
initial one (1) year period granted to complete the conditions of subdivision approval.
2.
The Administrative Subdivision and Development Approving Authority (ASDAA) may
consider for approval a subdivision time extension request up to a maximum of sixty
(60) days from the expiry of the initial one (1) year period.
3.
The Municipal Planning Commission (MPC) may consider for approval a subdivision
time extension request that is greater than sixty (60) days from the expiry of the
initial one (1) year period.
4.
ASDAA or MPC will consider for approval one (1) subdivision time extension request
provided the applicant indicates the length of time the request is being made for
and indicates the reasons why the conditions of subdivision approval could not be
completed within the initial one (1) year period.
5.
Should a subdivision time extension request be approved and the applicant does
not complete the conditions of subdivision approval within the granted extension
period, further time extensions may be requested and considered for approval by
Council.
6.
A subdivision time extension request that is to be considered for approval by Council
must indicate the reasons why the conditions of subdivision approval could not be
completed within the initial one (1) year period and granted extension period.
7.
A time extension request should be to a maximum of one (1) additional year from
the original expiry date of a conditionally approved subdivision. Providing sufficient
justification from the applicant, the Approving Authority may grant a subdivision time
extension greater than one (1) year.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
59
Section 6
AMENDMENT PROCESS
PREAMBLE
This Section of the Land Use Bylaw outlines the requirements and procedures
for amending the Land Use Bylaw. This Section is drafted in accordance with
the provisions of the Municipal Government Act which supersedes and
regulates what a Land Use Bylaw can or cannot address.
Note: The text contained within this grey box does not form a part of the Land Use
Bylaw and is only provided as context for the reader.
6.1.
Procedures for Amendments
1.
Any person may apply to amend this Bylaw by making an application for a site-
specific or textual amendment and submitting it to the Planning and Development
Department for processing and referral to Council. Notwithstanding, for a site-
specific amendment, a signed authorization of the registered owners(s) consenting
to the application for amendment shall be required.
2.
All amendments to this Bylaw shall be made by Council by Bylaw and in conformance
with the Act.
3.
Upon receipt of a complete application to amend this Bylaw, the Approving Authority
shall determine when the application will be placed before Council and shall issue
not less than fifteen (15) days notice to the applicant advising that he/she may
appear before Council to speak to the application. An application to amend this
Bylaw shall be placed before Council upon receiving the application and deeming it
complete as prescribed in Subsection 6.2.
4.
Notwithstanding 6.1.3 an applicant may request that an application proceed to first
reading. In the event that the file review is not completed, the application shall be
recommended for refusal.
6.2.
Contents of an Amendment Application
1.
An application for redesignation shall be made in writing to the Approving Authority
using the appropriate form provided by the County and should include all initial
application requirements according to Table 6.2-1.
Table 6.2-1: Initial Application Requirements - Bylaw Amendment
INITIAL REQUIREMENTS
Complete Application Fee
Completed and Originally Signed Application Form
Certificate of Title less than 30 days old
Confirmation of Signing Authority (if applicable)
Agent Authorization
Dimensioned and Detailed Site Sketch
Surrounding Land Use Map and Sketch
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
60
6.3.
Supplementary Requirements for an Amendment Application
1.
In addition to the application requirements in Subsection 6.2., the County may require
other information deemed necessary to properly evaluate the application which may
include the following:
a)
a statement describing how the Municipal Development Plan, any Area
Structure Plans, Inter-Municipal Development Plan and other relevant statutory
and non-statutory plans affecting the application and this Bylaw have been
considered;
b)
any technical studies as prescribed in Appendix A.
2.
Council may, by resolution, waive or refund part or the entire application fee.
3.
Where the proposed amendment is for a change in text and no land is specifically
affected, the requirements of Subsection 6.2 shall be applied as applicable.
6.4.
Amendment Review
1.
Council may, after due consideration of an application, give first reading to a Bylaw to
amend this Bylaw or defeat first reading if a file review is not completed.
2.
Council may, on its own initiative, initiate an amendment to this Bylaw.
3.
Should first reading be given to a Bylaw to amend this Bylaw, Council shall
a)
establish the date, time and place for a Public Hearing on the proposed Bylaw;
b)
outline the procedure to be followed by anyone wishing to be heard at the Public
Hearing; and
c)
outline the procedure by which the Public Hearing will be conducted.
6.5.
Advertising Requirements
1.
On first reading being given to a Bylaw to amend this Bylaw the County shall
a)
arrange for notice of the public hearing to be published in two (2) issues of a
newspaper circulating in the County, the publication date of the second issue
being not less than five (5) days prior to the commencement of the public
hearing and in accordance with the County's Advertising Bylaw; and
b)
provide notice to
(i)
the applicant;
(ii)
the assessed owner(s) of the land if not the applicant, the registered
owner(s) of adjacent land if the proposed Bylaw provides for a change of
district, and if adjacent land is in another Municipality, notice to that
Municipality; and
(iii)
any other authorities who, in the opinion of the Approving Authority, may
be affected.
2.
The notice of the public hearing shall contain the following information:
a)
pursuant to Section 692(4) of the Act, if the proposed amendment is to change
the land use designation of a parcel of land, the notice must include the
municipal address, if any, and the legal address of the parcel of land; and a map
showing the location of the parcel of land;
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
61
b)
the date, time and place of the public hearing;
c)
the purpose of the proposed Bylaw;
d)
that a copy of the proposed Bylaw and any public documents applicable to the
proposed Bylaw may be inspected at the County Office during regular office
hours; and
e)
the procedure to be followed at the public hearing.
6.6.
Public Hearing
1.
At the Public Hearing, Council shall stipulate, and hear from any person or group of
persons, or person acting on his or their behalf, who
a)
was served with notice of the hearing and who wishes to be heard; and
b)
claims to be affected by the proposed Bylaw, and whom Council agrees to hear.
6.7.
Decision on Amendments
1.
After considering the Municipal Development Plan, Area Structure Plan or Inter-
Municipal Development Plan, and/or Concept Plan affecting the application,
representations made at the Public Hearing, and this Bylaw, Council may
a)
approve the proposed Bylaw as it is;
b)
amend the proposed Bylaw and then approve it;
c)
refer the proposed Bylaw back to administration for further review and/or
changes, and reschedule the application for further consideration;
d)
amend the proposed Bylaw and then refuse it; or
e)
refuse the proposed Bylaw as it is.
2.
Prior to third reading of the proposed Bylaw, Council may require the applicant to enter
into a Development Agreement in respect of the proposal which initiated the
application for amendment to this Bylaw.
3.
In the event that a subdivision is refused or if a subdivision expires, Administration, in
consultation with the landowner, will bring forward an application to redesignate the
land back to the original land use designation within one (1) year of the refusal or the
subdivision expiry or when Administration identifies historic zoning where subdivision
was refused or expired.
6.8.
Resubmission Interval
1.
Where an application for a change in land use designation to this Bylaw has been
refused by the Approving Authority another application for the same or substantially
the same amendment shall not be considered within one (1) year (12 months) of the
date of the refusal unless the Approving Authority otherwise directs. Refer to Municipal
Government Act, Section 640 (5). If a second application is refused a third application
may not be made within one and a half (1.5) years (18 months) of the date of refusal.
2.
Where a subdivision application has been refused by the Approving Authority, another
application for the same or substantially the same subdivision shall not be considered
within (6) months of the date of the refusal unless the Approving Authority otherwise
directs; or unless the refusal was a result of an incomplete application in which case
the 6 months does not apply. Refer to the Municipal Government Act, Section 656 (3)
and (4).
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
62
PART 3 ENFORCEMENT &
APPEALS
7.0 Enforcement
8.0 Development Appeal Process
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
63
Section 7
ENFORCEMENT
PREAMBLE
This Section of the Land Use Bylaw outlines the procedures for enforcing the
provisions outlined in this Bylaw. Specific topic addressed include the procedure for
and manner of enforcement, right of entry, fines, suspension or cancellation of
Development Permits, and other authorities granted to Municipalities under the Act.
Note: The text contained within this grey box does not form a part of the Land Use Bylaw
and is only provided as context for the reader.
7.1.
Contravention
1.
Pursuant to Section 645 of the Act, the Development Authority may enforce the
provisions of the Act and its regulations, the Subdivision and Development
Regulation, a subdivision approval, the conditions of a Development Permit, and
this Bylaw. Enforcement may be by written notice of contravention, written stop
order notice, or any other authorized action to ensure compliance.
2.
Pursuant to Section 545 of the Act, the Designated Officer, as established by
Mountain View County's Approving Authorities Bylaw, may enforce the provisions of
the Act and this Bylaw may by written order require the person responsible for the
contravention to remedy it if the circumstances so require.
7.2.
Prohibitions
1.
No person shall contravene or permit a contravention of this Bylaw. No person shall
commence or undertake a development, use or sign that is not allowed by this
Bylaw.
2.
No person shall contravene a condition of a permit issued under this Bylaw.
3.
No person shall authorize or pursue any development that is at variance with the
description, specifications, or plans that were the basis for the issuance of a
Development Permit. No person shall modify any description, specifications, or
plans that were the basis for the issuance of any permit by an Approving Authority.
4.
No person shall import or export waste as described within the Environmental
Protection and Enhancement Act unless authorized through issuance of a permit
and without limiting the foregoing, waste shall include mixed soils, compost
contaminated with non-organic matter, concrete, asphalt and/or construction
debris of any kind.
5.
All signs that are not in accordance with the definitions for signs under the
"Mountain View County Business, Commercial, and Industrial Design Guidelines"
shall be prohibited from development, except for portable signs erected by the
County or the RCMP. The types of signs prohibited include:
a)
Signs displayed on Shipping Containers,
b)
Roadside signs displayed on licensed or un-licensed vehicles, machinery, or
other objects,
c)
Flashing or animated signs that are moving or contain electronic message
boards,
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
64
d)
Signs that promote intolerance, hatred or ridicule of any race, religion or other
segment of society.
e)
Signs featuring nudity.
7.3.
Cancellation, Suspension or Modification
1.
The Development Authority may cancel, suspend, or modify a Development Permit
by written notice to the permit holder if, after a Development Permit has been
approved and/or issued, the Approving Authority becomes aware that
a)
the development application contains a misrepresentation;
b)
facts concerning the application, or the development were not disclosed
which should have been disclosed at the time the application was
considered;
c)
the Development Permit was issued in error;
d)
the applicant withdrew the application by way of written notice; or
e)
the condition(s) imposed in the Development Permit have not been complied with.
2.
The Development Authority may by written notice order the owner, the person in
possession of the land or building or the person responsible for a contravention of
the subdivision approval to stop and carry out actions as to comply with a
subdivision approval.
3.
A person whose Development Permit is cancelled, suspended, or modified, or a
person who received a written notice for a subdivision contravention, under this
Subsection may appeal to the Appeal Authority in accordance with Section 8.0.
7.4.
Entry to Property Regarding Land Use, Development and
Subdivision Matters
1.
After providing reasonable notice to the owner or occupant in accordance with the
Act, the Development Authority may enter the property at any reasonable time to
ensure that the Bylaw requirements are being complied with.
2.
Entry to property shall be in accordance with the Act.
7.5.
Offences and Fines
1.
Pursuant to Section 7 of the Act, a person who violates the provisions of this Bylaw
or permits a violation of this Bylaw is guilty of an offence and is liable on summary
conviction to a fine of not more than $10,000.
2.
Any person who commences a development and fails to obtain a Development
Permit or comply with a condition of a permit, is guilty of an offence.
3.
Where a person is found guilty of an offence pursuant to this Bylaw, the Court of
Law may, in addition to any other penalty imposed, order the person to comply with
the Act and any other regulations, Development Permit, subdivision approval, order,
or decision of the Appeal Authority or this Bylaw.
4.
Where a Peace Officer has reasonable grounds to believe that a person has
contravened any provision of this Bylaw, he or she may serve upon such person an
offence ticket allowing the payment of a penalty specified by Bylaw to the County in
lieu of prosecution for the offence. The Specified Penalties for contravention of any
provision of this bylaw shall be in accordance with the following:
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
65
Minimum
Specified
Penalty
Specified
Penalty
First Offence
Specified
Penalty
Second Offence
Specified
Penalty
Third Offence
Residential Development
$750
$1,000
$1,500
$2,500
Commercial/Industrial Development
$3,000
$4,000
$6,000
$8,000
Signage
$350
$500
$1,000
$5,000
Note: second offence upon conviction of first offence and third offence upon
conviction of second offence.
5.
Council may, by Bylaw, revise penalties for contravention of or non-compliance with
the provisions of this Bylaw.
6.
Where development has proceeded without the necessary permits, the penalty fees
shall be applied, in addition to the regular application fees. Penalty Fees may be
waived by the Approving Authority if the application is submitted within the deadline
on the Warning Notice or other correspondence to advise of non-compliant
development or for applications as a result of applicant self-disclosure.
7.
If Development Permit condition(s) are not followed or non-compliant with the
provisions of this Bylaw continue the Specified Penalty fee(s) may also be applied.
7.6.
Stop Orders and Enforcement
1.
The Development Authority may, by written notice, order the registered owner, the
person in possession of the land or buildings, or the person responsible for the
contravention or all or any of them to
a)
stop the development or use of the land or buildings in whole or in part as
directed by the notice;
b)
demolish, remove, replace the development or landscaping; and/or
c)
take such other measures as are specified in the notice so that the
development or use of the land or buildings is in accordance with the Act, a
Development Permit, subdivision approval, or this Bylaw as the case may be,
within the time specified by the notice.
2.
The Order shall specify a deadline for compliance and
a)
state a time within which the person must comply with the Order;
b)
state that if the person does not comply with the Order within the specified
time, the Municipality will take the action or measure at the expense of the
person;
c)
the date the Order was made; and
d)
sent to the person(s) that is subject to the Order on the same day the Order
is made.
3.
Mountain View County may register a caveat, under the Land Titles Act, against the
certificate of title for the land that is subject to the order, provided that the caveat
is discharged when the order has been complied with.
4.
Mountain View County's costs of carrying out any actions required for compliance
may be added to the tax roll of the land subject to the order.
5.
Stop Orders can be appealed pursuant to the Act. Refer to Section 8.0.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
66
7.7.
Sign Impoundment
1.
The Development Authority may cause to be immediately removed and/or
impounded any sign
a)
placed in contravention of a provision of this Bylaw;
b)
where in the opinion of the Development Authority, the sign is in a state of
disrepair; or
c)
where safety concerns or emergency conditions may justify such removal.
2.
A letter will be issued to the assess owner(s) of the land informing of the
impoundment.
3.
Any sign removed shall be delivered to a storage facility where it shall remain for a
maximum of thirty (30) days, unless claimed by an individual, business, or
organization referenced on the sign.
4.
Where an impounded sign is not claimed within thirty (30) days of the sign's
removal, the County may dispose of the sign in any manner it deems appropriate.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
67
Section 8 SUBDIVISION, DEVELOPMENT AND STOP ORDER
APPEAL PROCESS
PREAMBLE
In accordance with the provisions of the Municipal Government Act, this Section
of the Bylaw outlines the procedure and associated requirements for appeals to
the Subdivision and Development Appeal Board or the Land and Property Rights
Tribunal. The intent of this Section is to inform applicants of their rights and
procedures pertaining to subdivision and development appeals.
Note: The text contained within this grey box does not form a part of the Land Use Bylaw
and is only provided as context for the reader.
8.1.
Appeal Authorities
1.
Pursuant to Section 627 of the Act, a Council must by Bylaw establish a subdivision
and development appeal board. In this Bylaw, the Appeal Authority may include
one (1) of the following:
a)
the Subdivision and Development Appeal Board as established by Bylaw; or
b)
the Land and Property Rights Tribunal.
8.2.
Procedure for Development Permit, Subdivision, and Stop Order
Appeals
1.
Development Permit, Subdivision, and Stop Order Appeals shall be to the
Subdivision and Development Appeal Board or the Land and Property Rights
Tribunal, in accordance with the Act and consistent with the applicable procedures
of the Appeal Authority.
2.
An appeal with regard to a Development Permit may be made by the following:
a)
the applicant of a Development Permit, if the Approving Authority
(i)
refuses a Development Permit;
(ii)
issues a Development Permit subject to conditions;
(iii)
fails to make a decision with respect to an application within forty (40)
days of receipt of a complete application or within such longer period
as the applicant may have approved in writing; or
(iv)
issues an Order under Section 645 of the Act, or Subsection 8.3 of this
Bylaw.
b)
by any person claiming to be affected by a Development Permit decision.
3.
An appeal to the Appeal Authority is subject to a non-refundable fee in accordance
with the fee schedule as set from time to time by resolution or Bylaw of Council.
4.
A Development Permit Appeal shall be made by serving a written Notice of Appeal,
containing reasons for the Appeal, accompanied by the appropriate non-refundable
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
68
administrative fee, to the Secretary of the Appeal Authority as specified in
Section 686(1) of the Act:
a)
in the case of an appeal made by a person referred to in Subsections 8.2.2.a)
within twenty-one (21) calendar days after:
(i)
the date on which the decision of the Development Permit was made;
or
(ii)
if no decision is made with respect to the application within the forty
(40) calendar day period or within any extension of this time limit
referred to under Subsections 8.2.2.a)(iii), the date the period or
extension expires; or
b)
in the case of an Appeal made by a person referred to in Subsection 8.2.2.b)
within twenty-one (21) calendar days after the date on which the notice of
the approval of the Development Permit was published on the County's
website.
5.
No appeal may be made in respect of the issuance of a Development Permit for a
Permitted Use unless the provisions of this Bylaw were relaxed, varied, or
misinterpreted.
6.
Deleted by Bylaw No. 09/18.
7.
No Appeal may be made in respect of a decision of Council of a Development Permit
in a Direct Control District in accordance with the Act.
8.
An Appeal with regard to a subdivision application may be made by the following:
a)
by the applicant of a subdivision application, if the Approving Authority
(i)
issues a subdivision approval subject to conditions;
(ii)
refuse a subdivision with reasons;
(iii)
fails to make a decision with respect to an application within sixty (60)
days of receipt of a complete application or within such longer period
as the applicant may have approved in writing; or
b)
by any Government department that required referral by the Subdivision and
Development Regulation or a School Board.
9.
A Subdivision Appeal shall be made by serving a written Notice of Appeal, containing
reasons for the Appeal, accompanied by the appropriate non-refundable
administrative fee, to the Secretary of the Appeal Authority as specified in Section
678(2) of the Act:
a)
within fourteen (14) calendar days after:
(i)
receipt of the Notice of Decision; or
(ii)
if no decision is made with respect to the application within the sixty
(60) calendar days or within any extension of this time limit referred to
under Subsections 8.2.7.a)(iii), the date the period or extension
expires.
(iii)
Pursuant to Section 678(3) of the Act, the date of receipt of the
decision is deemed to be seven (7) calendar days from the date the
decision is mailed.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
69
10.
An Appeal with regard to a Stop Order made under Section 645 of the Act and
Section 7 of this Bylaw may be made by the following:
a)
the person(s) who received the Order; or
b)
by any person claiming to be affected by the Order.
11.
An Appeal to the Appeal Authority is subject to a non-refundable fee in accordance
with the fee schedule as set from time to time by resolution or Bylaw of Council.
12.
A Stop Order Appeal shall be made by serving a written Notice of Appeal, containing
reasons for the Appeal, accompanied by the appropriate non-refundable
administrative fee, to the Secretary of the Appeal Authority as specified in Section
686(1) of the Act:
a)
within twenty-one (21) calendar days after the date on which the Order was
made.
8.3.
Court of Appeal
1.
Pursuant to Section 688 of the Act, an appeal is directed to the Court of Appeal on
a question of jurisdiction or law with respect to a decision of
a)
the Subdivision and Development Appeal Board; or
b)
the Land and Property Rights Tribunal.
2.
An application for leave to appeal pursuant to Subsection 8.3.1. must be filed and
served within thirty (30) days after the issue of the decision sought to be appealed,
and notice of the application must be given to
a)
the Land and Property Rights Tribunal or the Subdivision and Development
Appeal Board; and
b)
any other person(s) that the judge directs.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
70
PART 4
RULES GOVERNING ALL
DISTRICTS
9.0
General Regulations
10.0 Specific Use Regulations
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
71
Section 9
GENERAL REGULATIONS
PREAMBLE
This Section of the Land Use Bylaw contains general regulations that apply to land
throughout the County regardless of what district the land is designated. These
regulations are consolidated here to make the Land Use Bylaw more compact and
avoid repetition in the individual districts. While lands are subject to district specific
regulations, this section must also be referenced for applicable regulations.
Note: The text contained within this grey box does not form a part of the Land Use Bylaw
and is only provided as context for the reader.
9.1.
Aerodrome Protection Zone Overlay
1.
The purpose of the Aerodrome Protection Zone Overlay is to reflect the extent of the
noise exposure forecast areas, and height limitations affecting aerodrome in the
County.
2.
Note: Since there are no federally registered Aerodrome Protection Zone Overlays
for Sundre Airport, the Aerodrome Protection Zone Overlay shall encompass all
lands within the Outer Surface and Flight Glide Path as shown on Map 3, Schedule
2a.
3.
This Overlay applies to all lands included in the established Aerodrome Protection
Zone Overlay.
4.
All developments adjacent to an Aerodrome and/or within the Aerodrome Protection
Zone Overlay shall be reviewed in accordance with "Transport Canada's Guide - TP
1247E, Land Use in the Vicinity of Airports" as updated from time to time.
5.
No development shall be approved which will jeopardize the safe use of the
aerodromes.
6.
Subdivision and development within the Aerodrome Protection Zone must be
consistent with an approved area structure plan for the area where it is located.
a)
All uses adjacent to the Sundre Airport shall be in accordance with the South
McDougal Flats Area Structure Plan.
7.
Additionally, the following criteria shall be applied to subdivision and development
near all aerodromes within the Aerodrome Protection Zone as identified on the Land
Use Maps:
a)
development shall not exceed in height the structural height limitation
requirements as prescribed by Transport Canada and indicated on Schedules
"1a: Olds Didsbury Airport Height Limitation", "2a: Sundre Airport Height
Limitation" and "3a: Netook Airfield / Gliding Center" located at the end of this
Subsection 9.1. The height of the development shall be approved in
consultation with Transport Canada;
b)
buildings shall conform to Canada Mortgage and Housing Corporation
Standards for sound insulation for buildings situated in Noise Exposure
Forecast (NEF) Areas as identified in Schedules "1b: Olds Didsbury Airport
Noise Exposure Projection" and "2b: Sundre Airport Noise Exposure
Projection" located at the end of Subsection 9.1; and
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
72
c)
the use or operation of development shall not cause any objectionable or
dangerous condition such as follows:
(i)
emissions of steam, smoke, dust or other atmospheric conditions;
(ii)
an accumulation of any materials or waste which is edible or attractive
to birds;
(iii)
the use of extensive exterior lighting; and
(iv)
the inclusion of any device, apparatus, equipment or other thing that is
operated for industrial, scientific, medical or similar purpose that
produces and utilizes radio frequency energy in its operation, excluding
radio communication.
8.
Applications to erect or construct on any land within the Aerodrome Protection Zone
shall be forwarded to Transport Canada for technical comment prior to issuance of
a Development Permit. Applications shall be analyzed on a case by case basis and
may be refused, notwithstanding that a land use class is listed as permitted, if it is
deemed that such use class shall interfere with the operation of the aerodrome.
9.
Before considering any of the land uses listed below, the Approving Authority shall
consult with Transport Canada:
a)
A plant for processing and/or manufacturing of products from petroleum,
natural gas or other hydrocarbons, chemical or related products, stone, clay
or glass products, fertilizers, animal by-products.
b)
Anything that includes an electronic device, apparatus and or equipment that
is used for industrial, scientific, medical, research purposes and/or produces
and utilizes radio frequency in its operations but does not interfere with radio
communication.
c)
Uses that will or will likely result in:
(i)
emissions of steam or smoke or other particles which may impair vision
(ii)
outdoor storage of large quantities of any material or waste edible by or
attractive to birds, or
(iii)
the use of extensive exterior lighting
d)
Uses that will result in:
(i)
Interference with airspace up to 305 m (1,000 ft) above ground level;
(ii)
tethered balloons (with conditions) within five nautical miles; and
(iii)
private airstrips (with conditions) within five nautical miles
e)
construction of towers or masts extending upwards more than 45 m (147.6 ft)
within five nautical miles of an aerodrome reference point.
10.
If the Approving Authority is satisfied that a proposed development shall not interfere
with the safe operation of the aerodrome, then the proposed development may be
approved with or without conditions.
11.
A development within the Aerodrome Protection Zone shall not, in the opinion of the
Approving Authority with due regard to Transport Canada's comments, cause
excessive
a)
discharge of toxic, noxious or other particulate matter into the atmosphere;
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
73
b)
radiation or interference through the use of electric or electronic equipment;
c)
fire and explosive hazards; or
d)
accumulation of any material or waste edible by, or attractive to, birds.
12.
All buildings within the Aerodrome Protection Zone shall have clearance lights of a
size and design necessary to ensure aviation safety.
13.
In addition to the general submission requirements of this Bylaw, where required by
the Approving Authority, an application within the Aerodrome Protection Zone must
provide the following information:
a)
the grade elevation of the highest point of proposed buildings, to be
referenced to geodetic elevations. Geodetic elevation is the elevation of a
point and its vertical distance, determined by employing the principles of
geodesy above or below an assumed level surface or datum; and
b)
the proposed building height, in metric measurement, including clearance
lights,
mechanical
penthouses,
antennas,
building
cranes
during
construction, receiving or transmitting structures, masts, flagpoles, clearance
markers or any other erection beyond the height of the principal building
structure.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
74
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
75
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
76
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
77
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
78
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
79
9.2.
Access to Sites
1.
The Approving Authority, in consultation with the appropriate County Department,
may determine the most suitable access and egress point(s) onto a County road
with regard to any application for development and/or subdivision which may be
authorized in the County. As a condition of subdivision or development approval,
the Approving Authority may require the construction of new approaches, upgrading
to existing approaches and/or the removal of approaches to achieve desired access
management objectives. Where required, adjustments to approaches shall remain
at the cost of the applicant.
9.3.
Accessory Buildings and Uses
1.
When an accessory building is proposed for use as a temporary residence prior to
construction of the principal building and will at some future date be converted to
an accessory building, the accessory building will be treated as a permanent
residence and shall comply with the County's minimum residential floor area
requirements and the Alberta Safety Codes construction standards for a
permanent residence until it is converted to an accessory building.
2.
Where a structure is attached to the principal building on a site by a roof, common
wall or foundation, it shall be considered to be part of the principal building and not
an accessory building.
3.
When located in a multi parcel subdivision on a parcel of less than 0.4 ha (1.0 ac),
an accessory building shall not be higher than the permitted height of the principal
building unless otherwise approved by the Approving Authority.
4.
Accessory buildings shall not be constructed over an easement or utility right-of-way.
9.4
Caveats for Development Agreements, Caveats for Restrictive
Covenants and Restrictive Covenants
1.
Caveats in respect of Development Agreements shall be reviewed as part of
processing a Development Permit application.
a)
If a proposed development does not comply with a restriction in a Development
Agreement that is more restrictive than provisions of the Land Use Bylaw:
(i)
Permitted Uses shall change to and be considered as Discretionary Uses,
when applicable, and;
(ii) the County shall circulate the Development Permit application to
landowners affected by the same Caveat.
b)
The Approving Authority shall in making a decision consider the Development
Agreement together with the circulation responses to evaluate if the non-
compliance with a restriction or requirement meets all three criteria
(i)
complies with the applicable statutory plans; and
(ii) does not unduly interfere with the amenities of the neighbourhood; and
(iii) does not materially interfere with or affect the use, enjoyment or value
of neighbouring parcels of land.
c)
The Approving Authority shall not approve a Development Permit application if
the non-compliance does not meet the criteria set out in subparagraph (b)
herein.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
80
2.
Caveats in respect of Restrictive Covenants or Restrictive Covenants (whether or not
the County is a party to the Restrictive Covenant) shall be reviewed as part of
processing a Development Permit application:
a)
If a proposed development does not comply with a restriction in a Restrictive
Covenant that is more restrictive than provisions of the Land Use Bylaw:
(i)
Permitted Uses shall change to and be considered as Discretionary Uses,
when applicable, and;
(ii)
the Applicant shall obtain written consent from all the landowners
affected by the same Restrictive Covenant and submit the written
consent.
b)
The Approving Authority shall not approve a Development Permit application if
the applicant does not provide written consent from all the landowners affected
by the same Restrictive Covenant.
c)
The Approving Authority shall in making a decision consider the Restrictive
Covenant restriction(s) together with the applicant's submission of written
consent from all the landowners affected by the same Restrictive Covenant to
evaluate if the non-compliance with a restriction or requirement meet all three
criteria:
(i)
complies with the applicable statutory plans; and
(ii)
does not unduly interfere with the amenities of the neighbourhood; and
(iii)
does not materially interfere with or affect the use, enjoyment or value of
neighbouring parcels of land.
d)
The Approving Authority shall not approve a Development Permit application if
the non-compliance does not meet the criteria set out in subparagraph (c)
herein.
9.5.
Condominium Development
1.
A bareland condominium may be authorized in a land use district where the said
development fully complies with the requirements of that district.
2.
Improvements intended to service bareland condominium development shall be in
accordance with County standards.
3.
A bareland condominium project shall comply with all general regulations of this
Bylaw and with the regulations of the applicable district such that each bareland
condominium unit is to be treated in the same respect as fee simple parcels.
4.
A bareland condominium project shall ensure that each proposed condominium
unit is accessed by a public roadway, a public laneway, condominium common
property, or a unit characterizing condominium common property.
5.
The Condominium Association and/or registered landowner in a condominium
development shall be responsible for ensuring the conditions of the approved
Development Permit remain unaltered to the satisfaction of the County.
6.
The Condominium Association shall provide architectural design controls in addition
to the requirements of this Bylaw. Where condominium corporation rules and the
regulations in this Bylaw differ, the more restrictive regulations of the two shall
apply as evaluated by the County.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
81
9.6.
Confined Feeding Operations
1.
Confined feeding operations are regulated by the Natural Resources Conservation
Board in accordance with Provincial regulations and are exempt from Municipal
control under this Bylaw.
a)
development of a confined feeding operation shall be consistent with the
land use provisions of the Municipal Development Plan.
b)
The minimum distance of separation between a new or expanding confined
feeding operation and a multi-parcel residential development, any urban
centre, school, or hospital shall be the greater of
(i)
0.8 km (0.5 mi), or
(ii)
the Minimum Distance Separation (MDS) Formula as described in the
Agricultural Operations Practices Act (AOPA), Standards and
Administration Regulation, Section 3. The MDS formula is outlined in
its entirety in the AOPA, Standards and Administration Regulation,
Schedule 1.
c)
Notwithstanding any other provision of this Bylaw that requires a minimum
setback, the minimum distance of separation between a dwelling unit and a
confined feeding operation, allowed under the Agricultural Operation
Practices Act, shall be equivalent to the required distance of separation
between a proposed confined feeding operation from an existing dwelling
unit as determined by the Natural Resources Conservation Board.
d)
Where more than one (1) minimum setback distance is applicable under this
Bylaw, the greater distance shall prevail. The Approving Authority may
exercise a variance to this requirement if the MDS of a CFO encompasses an
entire parcel of land.
9.7.
Corner Parcel Restrictions
1.
On a corner parcel, no building, fence, wall, shrub, tree or any other obstruction
shall be erected or placed within the sight triangle as shown in Table 9.7-1:
Table 9.7-1 - Corner Parcel Restrictions
Note: The above illustration is for clarification and convenience only and
do not form part of this Bylaw. All provisions of this Bylaw must be
referenced.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
82
2.
The exterior side yard requirements as outlined in each land use district may
increase when applied in conjunction with the corner parcel restrictions listed in
Table 9.7-1 in this subsection.
3.
Coordinates shall be determined from the corner of the subject property.
4.
Standard barb wire fencing or equivalent shall be permitted within the identified
sight triangle.
5.
Sight triangle requirements shall be considered and applied based on
consideration of existing right of way and design speed.
9.8
Dwelling Density
1.
Outside of Growth Centres and Rural Community Centres as defined in the
Municipal Development Plan, the maximum number of dwelling units per quarter
section shall be four (4).
2.
The maximum number of dwelling units on parcels less than 28.33 ha (70.0 ac)
shall be one (1).
3.
The maximum number of dwelling units on parcels greater than 28.33 ha (70.0 ac)
shall be two (2).
4.
Notwithstanding #1, 2, and 3, additions to and/or replacement of existing dwellings,
that received a Development Permit or was exempt from requiring a Development
Permit, may be considered.
5.
In cases where there are four (4) dwelling units located on a quarter section
(inclusive of all parcels) no new subdivisions shall be created and no new
Development Permits shall be issued for additional dwellings.
6.
Notwithstanding #5 above, in cases where subdivisions have been created or
conditionally approved and no Development Permits have been received prior to the
date of adoption of this Bylaw, additional dwelling units above four (4) per quarter
section may be permitted.
7.
Secondary Suites are not considered a dwelling unit and shall not exceed the size
of the principal dwelling located on site.
9.9.
Dwellings, Prefabricated
1.
All prefabricated dwellings must have Canadian Standards Association (CSA)
certification. If a particular manufactured dwelling has been damaged or
structurally altered, the manufactured dwelling shall be certified as safe by an
accredited structural engineer.
2.
The Approving Authority reserves the right to refuse a Development Permit for a
prefabricated dwelling that is of poor appearance or condition.
3.
Prefabricated dwelling units older than twenty (20) years shall be considered a
discretionary use, unless the residence is the primary dwelling on an unsubdivided
Agricultural zoned quarter section.
4.
Development Permit applications shall include:
a)
recent colour photographs showing all sides of the refabricated dwelling,
b)
a statement of the age, size and structural condition of the prefabricated
dwelling, and
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
83
c)
a statement of any proposed improvements to the prefabricated dwelling,
including a description of the colour, texture and/or finish applied to exterior
surfaces.
5.
It shall be the responsibility of the owner to place the prefabricated dwelling on a
permanent foundation or base in accordance with the requirements of the Alberta
Safety Codes Act.
6.
Buildings and structures accessory to the prefabricated dwelling shall be pre-
finished or painted so that the design and construction complements the
manufactured dwelling.
7.
The roofline of any addition shall not exceed the maximum building height of the
district where the prefabricated dwelling will be relocated to.
8.
All prefabricated dwellings shall be skirted from the ground to floor level with a
durable finish that compliments the existing exterior finish of the manufactured
dwelling.
9.10.
Dwelling, Secondary Detached
1.
A secondary detached dwelling unit may be approved at the discretion of the
Approving Authority on parcels greater than 28.33 ha (70.0 ac) and will not exceed
the maximum dwelling unit density of four (4) dwellings per quarter section. The
following criteria will be used by the Approving Authority when evaluating an
application for a secondary detached dwelling and the applicant shall ensure the
majority of the criteria are met prior to submitting an application to the County:
a)
The location of the secondary dwelling unit should be in close proximity to the
existing structures on the subject property and will use existing services on
site where possible, in keeping with the preservation of agricultural land.
b)
The dwelling unit shall be consistent with the existing land use or complement
the agricultural use of the subject property.
c)
The secondary dwelling unit facilitates the agricultural operation on subject
property or enables aging family to reside on the subject property.
9.11.
Dwelling, Secondary Suite
1.
All secondary suites shall require a Development Permit in accordance with the
provisions of this Bylaw and shall conform to building code regulations under the
Alberta Safety Codes Act.
2.
One (1) secondary suite will be permitted on parcels less than 28.33 ha (70.0 ac)
as per the land use district regulations where a primary dwelling exists.
3.
Two (2) secondary suites may be considered on parcels greater than 28.33 ha (70.0
ac) when two (2) dwellings detached dwelling units exist.
4.
All yard setbacks shall comply with the provisions of the district where the
secondary suite is located.
5.
A minimum of three (3) on-site parking spaces - two (2) for the principal building
and one (1) for the secondary suite shall be provided.
6.
The maximum building height shall comply with the provisions of the district
where the secondary suite is located.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
84
7.
Secondary Suites are not considered a dwelling unit and should not exceed the size
of the principal dwelling located on site. When constructing within and/or attached
to an Accessory Building or dwelling, the ratio of use shall be a maximum of 40%
Secondary Suite to 60% Accessory Building.
8.
A secondary suite attached to an accessory building shall comply with the following:
a)
the secondary suite shall be associated with accessory residential
structure such as a garage holding personal vehicles or an accessory farm
building. All structures shall conform to all building code regulations under
the Alberta Safety Codes Act;
b)
the form and character of all new construction (accessory building and
secondary suite) shall be consistent with the principal building on the
subject property so that the appearance remains consistent; and
c)
all servicing arrangements for the secondary suite shall comply with
Provincial standards respect to the provision of water and sewer servicing
arrangements.
9.12.
Hazard Lands
1.
Flood Hazard Area Development Restrictions
Floodway
a)
No development shall take place in the floodway except for the following uses:
(i)
Agriculture, Extensive that does not include buildings, structures or any
obstruction in the floodway;
(ii)
Roads, bridges, flood and erosion infrastructure as part of public works,
services and utilities carried out on behalf of the Federal, Provincial or
Municipal Authorities on land that is publicly owned or controlled;
(iii)
Recreational Vehicle, Recreational Vehicle - Park Model, Accessory
Buildings less than 10.0 m2 (107.6 ft2) and Decks that meet the district
regulations on legal existing parcels as of July 1, 2015 or parcels to be
created by registration of subdivision plan for which conditional approval
had been given prior to July 1, 2015 that is zoned recreation and
identified in the floodway in Schedule 4;
(iv) walkways and paths that are constructed level with the existing natural
grades;
(v)
replacement of an existing building not involving the construction or
placement of fill material below the 1 in 100-year design flood.
Replacement or new basements are not included in this provision.
The uses described in 9.12.1 a) (i) - (iv) are exempt from requiring a Development Permit.
The use described in 9.12.1 a) (v) is discretionary and requires a Development Permit.
b)
Development for the purposes of Section 9.12.1 a) does not include:
(i)
Routine maintenance to existing buildings; or
(ii)
Construction of gates, fences or other means of enclosure less than 1.8
m (6.0 ft) in height that will not have a detrimental impact on the flow of
water in the floodway; or
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
85
c)
Notwithstanding the provisions in Section 9.12.1 a) and b) all legally existing
parcels as of July 1, 2015 or parcels to be created by registration of
subdivision plan for which conditional approval had been given prior to July 1,
2015 identified in the floodway in Schedule 4 may develop to a flood fringe
standard when complying with Section 9.12.1 d) and e).
Flood fringe
d)
Development within the flood fringe:
(i)
shall demonstrate that floor level (including the construction system of
the floor) is above the 1 in 100-year design flood. A qualified
professional Engineer accredited by APEGA shall provide a detailed site
survey and cross section drawings in support of the application;
(ii)
shall have no basements;
(iii)
shall be flood-proofed. New mechanical, electrical services and
equipment shall be designed and installed a minimum of 0.6 m (2.0 ft)
above the 1 in 100-year design flood. New or replacement private sewer
systems shall be designed and installed to be flood-proofed;
(iv)
shall not result in the placement of fill materials unless the parcel is
subject to the provisions of Section 9.12.1 c) where fill materials will be
allowed specifically for the use of ensuring that development is above
the 1 in 100-year design flood; and
(v)
shall not include fill materials for the purpose of creating a berm.
e)
Notwithstanding any other provision in this Land Use Bylaw, all development
within the flood fringe is discretionary except for the following exempt uses
that do not require a Development Permit:
(i)
Agriculture, Extensive that does not include buildings, structures or any
obstruction in the flood fringe;
(ii)
Roads, bridges, flood and erosion infrastructure as part of public works,
services and utilities carried out on behalf of the Federal, Provincial or
Municipal Authorities on land that is publically owned or controlled;
(iii)
Recreational Vehicle, Recreational Vehicle - Park Model, Accessory
Buildings less than 10.0 m2 (107.6 ft2) and Decks that meet the district
regulations on legal existing parcels as of July 1, 2015 or parcels to be
created by registration of subdivision plan for which conditional approval
had been given prior to July 1, 2015 that is zoned recreation and
identified in the floodway in Schedule 4;
(iv)
walkways and paths that are constructed level with the existing natural
grades.
f)
Where land is situated adjacent to or includes the banks of any watercourse
and where the slope of the bank adjacent to any watercourse is in excess of
10% no building or other structure shall be permitted:
(i)
where the height of the bank is less than 6.0 m (19.7 ft) within 12.0 m
(39.4 ft) from the top of the bank;
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
86
(ii)
where the height of the bank is between 6.0 m (19.7) and 23.0 m (75.5
ft), within a distance that is two times the height of the bank, from the
top of the bank;
(iii)
where the height of the bank is greater than 23.0 m (75.46 ft), within
46.0 (150.9 ft) from the top of the bank.
g)
Lesser setbacks may be considered if supported by a geotechnical report (See
Appendix A).
h)
In making a decision on the setback from a water body, the Development
Authority may refer the application for a Development Permit to Alberta
Environment for comments prior to issuing a permit and may alter the building
or structure setbacks where deemed necessary.
2.
Development near water bodies and water courses
No development shall take place in areas prone to flooding or subsidence unless:
a)
The Applicant demonstrates through a Flood Risk Assessment to the
satisfaction of the Approving Authority that no development will occur in the
floodway of the 1 in 100-year design flood except for that which complies with
9.12.1 a) (i) - (v) and b) (i) - (ii);
b)
The Applicant demonstrates to the satisfaction of the Approving Authority that
development in the flood fringe of the 1 in 100-year design flood comply with
9.12.1 d) (i) - (v) and 9.12.1 e); and
c)
If subsidence is a concern, the Applicant may be required to submit a slope
stability assessment completed by a licensed geotechnical engineer or a
person qualified to perform such work.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
87
Schedule 4 Flood Hazard Area, Floodway and Flood Fringe from the McDougal Flats Flood Hazard Study prepared by Alberta Environment and
Sustainable Resource Development
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
88
3.
For developments adjacent to any bank a geotechnical report addressing slope
stability may be required if:
a)
The bank is greater than 3.0 m (10.0 ft) in height; and/or
b)
The bank is greater than 10% in slope; and
c)
The development is proposed within a distance equal to twice the bank
height, measured back from the top of bank.
Illustration 9.12-1 - Setback from Slopes
Note: The above illustrations are for clarification and convenience only and do not form
part of this Bylaw. All provisions of this Bylaw must be referenced.
4.
A restrictive covenant or other environmental protective tool may be required for the
protection of the lands pursuant to the Act.
5.
The Approving Authority may, based on the results of a geotechnical study or
additional supportive studies, impose such conditions that are considered necessary
to mitigate any potential problems or alternatively, refuse the application if the site is
not regarded as being suitable for the proposed development.
6.
No trees or vegetation shall be cleared within 30.5 m (100.0 ft) of hazard lands where
the removal could have a negative impact on the water body, water course or slope
stability, unless a Development Permit has been issued for said development.
7.
The foregoing regulations shall not apply to the construction of gates, fences, or other
means of enclosure less than 1.8 m (6.0 ft) in height.
Illustration 9.12-2 - Setback from Hazard Lands
Note: The above illustrations are for clarification and convenience only
and do not form part of this Bylaw. All provisions of this Bylaw must be
referenced.
8.
Subdivision is prohibited on parcels completely within the floodway.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
89
9.13.
Relocation of Structures
1.
Except as otherwise provided for in this Bylaw, no person shall relocate a building or
structure, or portion thereof, onto a site without first obtaining a Development Permit
for the moved-in building or structure. The relocated building or structure shall be
considered as a Discretionary Use and shall comply with the appropriate Land Use
District regulations.
2.
The Approving Authority shall not approve a Development Permit for a relocated
previously used single detached dwelling, manufactured home or accessory building
unless the building is designed, constructed, sited and finished in a manner that is
visually compatible, in the opinion of the Approving Authority, with the
neighbourhood in general. Structures being moved to be used as Farm Buildings
are exempt.
3.
A Development Permit application for a relocated building shall include
a)
recent colour photographs showing all sides of the building;
b)
a statement of the age, size and structural condition of the building; and
c)
a statement of any proposed improvements to the building, including a
description of the colour, texture and/or finish applied to exterior surfaces.
4.
Any renovations or improvements required to ensure that the relocated building or
structure complies with this Bylaw shall be listed as conditions of the Development
Permit.
9.14.
Servicing Requirements
1.
Pursuant to the Municipal Development Plan, for all developments and where
applicable, the servicing requirements shall be as follows:
a)
Sanitary sewage shall be treated through a graduated method of systems to
the satisfaction of the County and depending on the density and the level of
development, may include individual septic fields, sealed pump out tanks,
communal septic fields, piped treated lagoons, or any other systems that pipe
the waste to a regional treatment plant. Information supporting the proposed
system will be submitted at time of subdivision.
b)
The County may consider interim servicing solutions.
9.15.
Site Reclamation
1.
Site reclamation shall be in accordance with the Environmental Protection and
Enhancement Act (Alberta Regulation 115/93).
2.
Reclamation of specified land shall ensure that after the exploration operation
ceases, the specified land shall be returned to an equivalent land capability that
allows for the developments of uses compatible with adjacent land uses.
3.
Reclamation plans shall include current and final land use (following reclamation).
Only upon issuance of a reclamation certificate by Alberta Environment, or a transfer
of the registration to another pit operator, can any surface lease agreement with the
landowner be surrendered.
4.
Except where exempted by the Environmental Protection and Enhancement Act,
operators shall obtain a Reclamation Certificate. The registration holder shall
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
90
continue to remain liable for conservation and reclamation issues at the site until
a Reclamation Certificate is issued.
9.16.
Soil Remediation
1.
Soil remediation may be required on parcel of land as a condition of subdivision or
development approval where an environmental site assessment has established
the presence of site contamination.
2.
Remediation may include, but is not limited to, source removal, physical removal of
contaminated groundwater and/or soil, natural attenuation, degradation by micro-
organisms or neutralization with chemicals that react with the contaminants to form
benign substances.
3.
The applicant, owner or the owner's representative, based on the information
provided in the remediation plan, shall calculate the remediation costs to the
satisfaction of the Approving Authority.
9.17.
Topsoil Management and Removal
1.
Topsoil may only be relocated from one property to another in accordance with a
Development Permit, subdivision approval, or servicing agreement.
2.
Notwithstanding 9.17.1., a topsoil removal permit shall also be required by the
Agricultural Services Board.
3.
Excess topsoil generated through development should be used to enhance
agricultural production on other agricultural parcels within the County.
4.
Topsoil shall not be imported into the County unless authorized through a permit
issued by an Agricultural Fieldsman or their designate.
5.
Topsoil shall not be exported out of the County unless authorized through a permit
issued by a soil conservation officer.
6.
Topsoil shall not be buried or covered up in any way that prevents it from being
utilized.
7.
Quarantine areas are lands within the County identified by the Agricultural Service
Board where topsoil movement will not be permitted to prevent the spread of
restricted weeds, declared pests, or other agricultural related reasons.
8.
Stockpiling Conditions
a)
Stockpiles are to be kept under suitable vegetative cover (minimum 80%) to
prevent soil erosion. The vegetative cover must be established immediately
upon completion of stockpiling and maintained for the life of the stockpile.
b)
Slopes on stockpiles must not exceed a 4:1 slope, with the exception of the
active face in the case of loading and removal.
c)
Stockpiles must be free of noxious and restricted weeds. Topsoil being moved
off the property must be covered during transport, to prevent the spread of
weed seeds and soil borne diseases potentially contained in loose material.
d)
Pursuant to the Soil Conservation Act, stockpiling on a property other than the
property where the topsoil originated may require a topsoil removal permit
approved by the Agricultural Services Board.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
91
Section 10 SPECIFIC USE REGULATIONS
PREAMBLE
This Section of the Land Use Bylaw contains specific use regulations that outline
additional controls for particular uses that may occur in various districts. The
uses contained in this section require additional regulations to the ones
contained in the districts. They are consolidated here to avoid repetition in the
districts under which they are a permitted or discretionary use.
Note: The text contained within this grey box does not form a part of the Land Use
Bylaw and is only provided as context for the reader.
10.0.
Development Permit Application for Specific Uses
In this Bylaw, there are specific use classes which require a separate set of regulations in order
to control development. These use classes may be required to address specific Development
Permit requirements and/or comply with supplementary development regulations.
10.1.
Alternative/Renewable Energy Development
1.
The Alberta Utilities Commission (AUC) is responsible for regulating alternative/renewable
energy developments in Alberta and for authorizing the location of alternative/renewable
infrastructure. In making its decision regarding alternative/renewable energy
developments, AUC considers the following from the municipality:
a)
the input of the Approving Authority
b)
compliance with all applicable municipal and zoning requirements
2.
The participation of the County in the consultation process does not transfer any
Provincial decision-making authority, nor does it confer a right of veto to the location of
the alternative/renewable energy development.
3.
In accordance with the Municipal Government Act any license, permit, approval or other
authorization granted by AUC shall prevail over any Land Use Bylaw requirements or
Development Permit decisions or conditions if there is a perceived conflict.
INDIVIDUAL USE
4.
Alternative/Renewable Energy, Individual may be permitted in any land use district and
do not require the issuance of a Development Permit (Refer to Section 4.2 - Development
Not requiring A Development Permit), subject to meeting the requirements listed below.
If all the requirements listed below are not met, the use shall be deemed a discretionary
use requiring the issuance of a Development Permit.
a)
the applicable district regulations;
b)
Safety Codes Permits that may be required (e.g. building, electrical, gas, etc.) shall
be obtained prior to installation of the system;
c)
Specific requirements for the different sources as identified below;
Solar
d)
Solar collector(s) may be mounted to a roof or wall of a building or be free-standing
(i.e. a solar collector mounted to any structure other than a roof or wall of a
building);
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
92
e)
Free standing solar collectors shall not be allowed within the front yard of multi-
parcel residential subdivisions;
Wind
f)
A SWEC System tower is set back a minimum distance equal to the greater of the
setback within the land use district or the height of the tower from any property
line.
COMMERCIAL USE
Solar; Multiple Unit Wind Energy Conversion Systems (WECS) / Wind Farm and Other
Alternative/Renewable Energy
5.
Solar, Multiple Unit Wind Energy Conversion Systems (WECS)/Wind Farm, and Other
Alternative/Renewable Energy with the primary purpose and intent to collect, convert and
feed energy back into the provincial power/electrical grid for the commercial sale and
distribution off-site to the marketplace is a discretionary use Alternative/Renewable
Energy, Commercial requiring a Development Permit and shall be processed subject to
the following additional requirements:
a)
The applicant shall be required to undertake community consultation within one
(1) mile of the subject property, including the proposed designated haul route for
initial construction prior to and submitted as part of the Development Permit.
b)
The Development Permit application shall include:
i)
detailed information on the type of Alternative/Renewable Energy and
water or wastewater services that may be required;
ii)
a site plan to scale showing all dimensions of the parcel, existing
structures and buildings and the proposed development with existing and
proposed setbacks;
iii)
setbacks to structures or buildings on adjacent parcels;
iv)
elevation drawings;
v)
if the development is to be developed in stages, a phasing plan;
vi)
a plan showing ingress and egress from the property or parcel detailing
any impacts to the local road system including required approaches;
vii)
a Stormwater Management Plan that address current and future drainage
requirements;
viii)
information on above ground transmission lines if proposed;
ix)
information on the status of the AUC's application and applicable Federal
and Provincial circulations and approvals.
c)
Standards:
i)
the applicable land use district regulations shall apply;
ii)
larger setbacks than the minimum required within the and Land Use District
regulations may be required by the Approving Authority to minimize impact
on adjacent land uses;
iii)
all structures and buildings shall be of a consistent design;
iv)
lighting shall be shielded from adjacent parcels;
v)
upon abandonment or termination of the use, the entire development shall
be removed, and the site shall be decommissioned and reclaimed to its pre-
development condition as per the AUC requirements.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
93
SPECIFIC REQUIREMENTS FOR THE DIFFERENT TYPES:
Multiple Unit Wind Energy Conversion Systems (WECS) / Wind Farm
Setbacks:
i)
Shall be set back a minimum distance equal to the greater of the setback
within the land use district or the height of the tower(s) from any property
line;
Tower Access and Safety:
ii)
A non-tubular design shall include information how to secure unauthorized
access or use;
10.2.
Bed and Breakfast
1.
The Approving Authority may permit a bed and breakfast only if, in the opinion of the
Approving Authority, it complies with the following regulations:
a)
all facilities shall meet public health regulations and be kept in a manner
satisfactory to the health regulatory authority;
b)
no more than four (4) guest rooms shall be allowed in a bed and breakfast home;
c)
the operation of the bed and breakfast home shall be subordinate and incidental
to the principal use of a single detached dwelling.
2.
Interior or exterior alterations, additions or renovations to accommodate a bed and
breakfast may be considered provided such alterations, additions or renovations maintain
the principal residential appearance or character of the dwelling and comply with this
Bylaw, the Safety Codes Act, and any other County Bylaws.
3.
No exterior advertisement on the subject property, other than an identification sign
approved by the Approving Authority, shall be permitted.
4.
If the proposed development is located in multi-parcel residential subdivision, the
development shall comply with parking and landscaping requirements as per the
"Mountain View County Business, Commercial, and Industrial Design Guidelines".
10.3.
Berming
1.
The regulations contained within this Subsection are intended to apply primarily to those
situations where berming are proposed. Should the berm be proposed for the purpose of
flood mitigation, then the proposal shall be referred to the appropriate Provincial
Authority.
2.
The Approving Authority will consider every application to berm land as a Discretionary
Use within the designated land use district of this Bylaw.
3.
An applicant shall, as part of an application for a berm, submit a site grading and drainage
plan to the County for approval.
4.
In considering whether to approve a berm the Approving Authority may have additional
due regard for:
a)
a statement of the effect on water courses and drainage patterns;
b)
any geotechnical report;
c)
conservation of designated historical resources;
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
94
d)
environmentally significant areas;
e)
conservation of water courses, maintenance of positive drainage, and potential
drainage effects on adjacent or nearby properties; and
f)
the safety and the potential nuisance effect on adjacent properties.
5.
The proposed berm shall, to the extent practical, retain the natural contour of the land,
minimize the necessity to use retaining walls, and ensure positive drainage to appropriate
receiving water courses. If a person alters the approved site drainage on a site so that
water drains onto adjacent parcels, that person shall be responsible for corrective
drainage structures, including retaining walls to divert water from neighbouring
properties.
6.
An application for a Development Permit for berming shall include the following
information:
a)
location and area of the site on which the development is proposed;
b)
existing land use and vegetation;
c)
type of berm proposed, showing the dimensions of the operation or the area of the
land and depth to which the topsoil is to be removed, and the effect on existing
drainage patterns; and
d)
location on the parcel where berm is to be made on the parcel.
10.4.
Business (Home Office, Home Based, or Contractors)
1.
The following provisions shall apply to all Business (Home Office, Home Based or
Contractors):
a)
At all times the privacy of the adjacent residential dwellings shall be preserved and
the business shall not unduly offend neighbouring or adjacent residents by way of
excessive lighting, late calling of clients of an unreasonable number, traffic
congestion, or excessive on-road or off-road parking, or other nuisances.
b)
All provisions for businesses are outlined in Table 10.4-1. Table 10-4.1 also
provides the qualifiers for determining the use class (Home Office, Home Based or
Contractors) of the business based on their impact.
2.
An application for a business shall be reviewed and classified according to Table 10.4-1.
3.
An application for a Home Office shall be exempted from a Development Permit
requirement. An application for a Development Permit shall be made for a Business,
Home Based or Business, Contractors, and shall include the following:
a)
a detailed description of the business, including the types and hours of operations
or activities that will take place at the site;
b)
the detailed description of the materials, equipment and/or vehicles that will be
used, where they will be stored on site and, if stored outside, what screening
(landscaping/ fencing) will be provided from the road and neighbours;
c)
existing or proposed buildings where the activities/operations will take place;
d)
existing or proposed servicing arrangements (water and sewer);
e)
proposed signage including signage details, size, and design;
f)
the number of resident and non-resident employees visiting or working at the site;
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
95
g)
the number of business visits per day to the property;
h)
the number of parking spaces on the property; and
i)
mitigation measures that will be undertaken to avoid potential nuisance effects for
neighbours.
Table 10.4-1: Business, Home Based and Contractors Standards
Standard
Home Based Business
Contractors Business
Maximum
occupied area of
principal and
accessory
Shall be limited to the existing principal dwelling unit and accessory buildings. The operator of the
business must reside on the property in which the business is being operated from.
Storage
One (1) vehicle related to the business
including trailers and equipment may be
permitted and shall be kept within a building or
in a specified area as indicated on the site plan
submitted by the applicant and shall not be
placed within the yard setbacks.
All outside storage related to the business including
vehicles, trailers and equipment shall be kept within
a building or screened storage area and shall not be
placed within the yard setbacks.
External
Appearance
No variation from the external appearance and residential character of land or buildings shall be allowed.
Exterior
Impact
Not Allowed
The contractor's business use shall not generate
noise, smoke, steam, odour, dust, fumes, exhaust,
vibration, heat, glare, or refuse matter considered
offensive or excessive by the Approving Authority.
Signage
No exterior advertisement on the subject
property, other than an identification sign
approved by the Approving Authority, shall be
allowed.
One (1) sign and shall be in accordance with the
"Mountain View County Business, Commercial, and
Industrial Design Guidelines". No illuminated signs
shall be allowed.
Customer Traffic
Generation
May generate up to two (2) business-related
visits per day.
Customer traffic generation shall be at the discretion
of the Approving Authority.
Business Related
Vehicles
Up to two (2) commercial vehicles shall be
allowed.
Commercial vehicles shall be at the discretion of the
Approving Authority.
Employees
One (1) employee in addition to the permanent
resident(s) of the property engaged within the
business shall be allowed.
Employees, in addition to the permanent resident(s) of
the property engaged within the business, shall be
allowed at the discretion of the Approving Authority.
Community
Preliminary
Notification of
Application
Not Required
Stand-alone R-F, R-CR parcels can be considered
with pre-notification to surrounding landowners.
Not allowed on multi-lot R-CR or R-CR(1) parcels.
Discretionary Use.
10.5
Cannabis Production Facility
1.
The Approving Authority may approve an application for Cannabis Production Facility prior
to the appropriate Federal and/or Provincial licensing and authorizations.
2.
An application for a Cannabis Production Facility Development Permit shall include the
following:
b)
demonstrate compliance with Federal and Provincial Legislation
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
96
c)
a detailed description of the facility, including the proposed building/structures,
types of production/cultivation, distribution and shipping methods, employee
numbers, parking, etc. that will take place at the site;
d
a detailed site sketch showing all existing buildings and proposed facilities,
including setback distances from the property lines;
e)
hours of operation;
f)
security measures;
g)
existing or proposed servicing arrangements (water and sewer and stormwater
management), which may include water conservation methods;
h)
the anticipated facility traffic generation to the property including employee traffic;
i)
landscaping, signage, and lighting plans that complies with the "Mountain View
County Business, Commercial, and Industrial Design Guidelines";
j)
mitigation measures to reduce impact on adjoining neighbours.
3.
Supplementary information and/or studies, as per Appendix A (List of Technical Studies),
may be required. Additional information and studies will be determined on a case-by-case
basis.
4.
On the date this Bylaw comes in effect all approved Development Permits issued for the
use Horticultural Use, Medicinal shall be deemed to be compliant with the use Cannabis
Production Facility and the Specific Use Regulation of this section. Any expansion beyond
the approved Development Permit shall require a new Development Permit under the
Cannabis Production Facility use requirements. This provision excludes Cannabis Retail
Sales.
10.6
Cannabis Retail Sales
1.
The Approving Authority shall not approve an application for a Cannabis Retail Sales
without the appropriate Federal and/or Provincial licensing and authorizations.
2.
An application for a Cannabis Retail Sales Development Permit shall include the following:
a)
all required Federal and/or Provincial approvals;
b)
demonstrate compliance with the Federal and Provincial Legislation;
d)
hours of operation; and
e)
security measures.
3.
Supplementary information and/or studies, as per Appendix A (List of Technical Studies),
may be required. Additional information and studies will be determined on a case-by-case
basis.
10.7.
Communication Tower
1.
Industry Canada is responsible for regulating radio communication in Canada and for
authorizing the location of radio communication facilities, including communication
towers. In making its decision regarding the communication tower and related facilities,
Industry Canada considers the following:
a)
the input provided by the Approving Authority;
b)
compliance with Transport Canada's painting and lighting requirements for
aeronautical safety;
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
97
c)
Health Canada's safety guidelines respecting limits of exposure to radio frequency
fields; and
d)
an environmental impact assessment may be required in order to comply with the
Canadian Environmental Assessment Act.
2.
The Approving Authority shall require the applicant of an application for a Communication
Tower to undertake community consultation, including the proposed designated haul
route for initial construction, and submit confirmation to the County of the properties
consulted.
3.
The participation of the County in the consultation process does not transfer any Federal
decision-making authority, nor does it confer a right of veto in the location of the
communication tower.
4.
Unless demonstrated to be impractical, transmission antennae shall be mounted on
existing structures (including buildings or towers) or within transportation and utility
corridors.
a)
The tower base shall be setback from abutting parcels and roadways by a distance
of 10% of the tower height or the distance between the tower base and guy wire
anchors, whichever is greater.
b)
Guy wire anchors shall be setback at least 28.0 m (91.9 ft) from the property line.
c)
Transmission towers must have the least practical adverse visual effect on the
environment. This may be mitigated through landscaping and/or fencing.
5.
Communication towers shall be located in a manner that minimizes the impact on the
natural environmental and residential communities while recognizing the unique location
requirement for sitting communication towers.
6.
All equipment shelters must meet the County's setback distances to roads and property
lines.
7.
All telecommunication carriers requesting a new telecommunication tower shall be
required to identify any other such structure within a 17 km (10 mile) radius of the
proposed site location. Each request shall also provide documentary evidence that co-
location of the existing structures within that 17 km (10 mile) radius is not a viable
alternative to a second structure.
8.
Where Transport Canada requires that a telecommunication tower be lighted, the
following procedures shall be encouraged to minimize visual impacts:
a)
the lighting of equipment structures and any other facilities on site shall be
shielded from adjacent properties where possible without interfering with the
requirements of Transport Canada;
b)
all lighting shall be a minimum number of low intensity white lights; and
c)
the strobe interval shall be the maximum allowable by Transport Canada, and the
strobe lights shall only be used if absolutely necessary.
9.
An application for a Development Permit for a communication tower shall include a site
plan, including the following information:
a)
articulate the steps taken to prove that the site location has the least impact on
agricultural land;
b)
the site boundary;
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
98
c)
the tower location;
d)
guy wire anchors;
e)
existing vegetation to be retained, removed, or replaced;
f)
existing communication towers on the site and adjacent properties;
g)
existing and/or proposed uses and structures on the site and adjacent properties;
h)
information from appropriate legislative authorities; and
i)
remediation plan.
j)
suitable protective anti-climb provisions or fencing as required by the Approving
Authority.
10.8
Event Centre
1.
All Event Centre facilities shall meet public health regulations and be kept in a manner
satisfactory to the health regulatory authority.
2.
The Approving Authority shall require the applicant for an Event Centre to undertake
community consultation, including the proposed designated travel route, and submit
confirmation and results to the County of the properties consulted with the submission of
a Development Permit application.
3.
Event Centres shall be located in a manner that minimizes the impact on the natural
environmental and residential communities.
4.
In determining the appropriateness and suitability of a site for a proposed Event Centre,
the Approving Authority shall consider such factors as accessibility, compatibility with
adjacent land uses, environmental sensitivity and physical suitability/serviceability of the
site.
5.
All Event Centre applications shall submit a Concept Plan that addresses the following
criteria and standards that may be used by the Approving Authority:
a)
detailed site sketch showing all existing buildings and proposed facilities, including
setback distances from the property lines and, when deemed necessary, the Event
Centre boundaries,
b)
site specifications including internal road networking (if required), pedestrian
circulation, site access and egress, emergency access, parking areas, storage
areas, and, if proposed, recreational areas and campsite areas,
c)
number of anticipated attendees, including staff members, volunteers, etc.,
d)
access points that are designed to accommodate two-way traffic and shall provide
a clear unobstructed view for traffic and turning vehicles,
e)
days and hours of operation, and
f)
parking and landscaping requirements as required in "Mountain View County
Business, Commercial, and Industrial Design Guidelines".
6.
A Transportation strategy plan may be required to be submitted as part of Development
Permit application to demonstrate traffic accommodation. Roads leading to a proposed
Event Centre may be required, as a condition of development approval, to be brought into
a condition necessary to sustain the volume and type of traffic to be generated.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
99
7.
Consideration for accommodation needs to be addressed and may be included in the
Concept Plan submission for the Approving Authority's consideration and, if applicable,
may include:
a)
unserviced, overnight, self-contained accommodation in relation to the event, or
b)
Recreational Resort/Tourist Campground
8.
Engineering Plans and Specifications/Construction Drawings may be required at the
discretion of the Approving Authority to establish the parameters for the construction and
improvements associated with the Event Centre. Engineering plans and specifications
must be completed by a qualified professional Engineer accredited by APEGA. The
following criteria and standards may be required:
a)
Site Servicing Plan including water and wastewater servicing
b)
Stormwater Management Plan
c)
Traffic Impact Assessment
d)
Landscape Drawings
e)
Signage Drawings
f)
noise control measures that may include the use of berms, natural barriers and
screens
g)
any other matters deemed necessary by the Approving Authority.
9.
An on-site Fire Protection Plan shall be prepared and submitted to the local Fire
Department for approval with confirmation provided to the satisfaction of the Approving
Authority.
10.9.
Horticultural Uses Outside Agricultural Districts
1.
These regulations shall not apply to Agricultural District and Agricultural (2) District.
2.
The Approving Authority shall require horticultural use developments to protect equipment
and properly store growing media, fertilizers and pesticides.
3.
For horticultural use developments that apply fertilizers through irrigation water, in daily
frequent short applications, recirculation systems shall be used when feasible to collect
excess irrigation water and prevent leakages from entering groundwater.
4.
For horticultural use developments where the application of pesticides may be necessary,
care in application rates and storage techniques shall be taken to the satisfaction of the
Approving Authority.
5.
Hours of operation of commercial vehicles and equipment related to the development
shall be regulated to the satisfaction of the Approving Authority.
6.
Horticultural use development operators who use vehicles that make deliveries and haul
products shall provide adequate areas of the development to accommodate the volume,
movement, and parking of trucks and other traffic related to the activities and production
of the farmed development. Operations, which sell directly to the public, shall provide
adequate off-road parking to the satisfaction of the Approving Authority.
7.
Stormwater runoff from the horticultural use operations may be permitted to enter
Municipal drainage systems, provided that a storm water management plan has been
prepared in accordance with Municipal Bylaws. Water containing nutrients or other
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
100
agricultural waste shall not be directly discharged into a watercourse or groundwater
supply.
8.
Sod farms and tree farms will be permitted to relocate harvested product in accordance
with the Development Permit issued for such activities.
9.
An application for a Development Permit for horticultural uses shall include the following
as applicable:
a)
detailed site sketch showing all existing buildings and proposed facilities, planting
areas that identify the types of planting, including setback distances from the
property line;
b)
signage placement;
c)
types of plants, size and location;
d)
water source and water conservation methods;
e)
harvesting method (where applicable, bare root or root ball);
f)
number of employees including the applicant;
g)
onsite parking provisions for employees and customers;
h)
days, hours and months of operation;
i)
description how the product will be marketed (i.e. onsite, wholesalers, nurseries,
farmers markets, etc.);
j)
expected traffic generation;
k)
identify roads to and from the site and the type of road;
l)
outside storage provisions; and
m)
provisions for new buildings or structures or usage of existing structures.
10.
Greenhouse Development Permit applications shall also contain the following
information:
a)
number of greenhouses; and
b)
size of greenhouses.
11.
Tree farm, market garden, and u-pick Development Permit applications shall also contain
the following information:
a)
raising method;
b)
weed control methods;
c)
soil sources and soil erosion practices (i.e. vegetative cover between tree rows);
d)
soil testing program to obtain baseline data for existing soil properties (monitoring
should then be conducted annually and reported to the County to ensure proper
fertilization and soil reserves are not being depleted); and
e)
reclamation plan.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
101
10.10.
Kennel, Commercial
1.
The development of a Kennel as defined in Subsection 2.5, may not be permitted within
or adjacent to a multi-parcel residential subdivision or closer than 400.0 m (1,312.3 ft)
from the boundary of a multi-parcel residential subdivision. Exceptions may be made by
the Approving Authority when a physical or topographical feature serving as a natural
buffer or a highway bisects the minimum separation distance.
2.
Approved Kennels within 400.0 m (1,312.3 ft) of a multi-parcel residential subdivision
that provides, to the satisfaction of the Approving Authority, evidence of its existence prior
to passing of this Bylaw may be permitted to continue operating but will not be permitted
to expand.
3.
All Kennel buildings may be required to have soundproofing and screening to the
satisfaction of the Approving Authority.
4.
All kennels and associated facilities shall be kept in a manner satisfactory to the Health
Authority and the Society for the Prevention of Cruelty to Animals (SPCA).
5.
No exterior exercise area used to accommodate dogs shall be located within 30.0 m (98.4
ft) of any property line of the parcel on which the kennel is located.
6.
No exterior exercise area used to accommodate dogs shall be located within 90.0 m
(295.3 ft) of any dwelling on an adjacent parcel.
7.
All exterior exercise areas (runs) shall be enclosed with a fence acceptable to the
Approving Authority.
8.
Waste management of approved Kennels shall be in accordance with Provincial
requirements regarding waste disposal.
9.
An application for a Development Permit for a Kennel shall include:
a)
detailed site sketch showing all existing buildings and proposed facilities,
including setback distances from the property line;
b)
type of facility (boarding, breeding or other);
c)
the maximum number of household pets on site at any one time, including the
number of personal household pets, number of kennel dogs/cats;
d)
sound proofing of the kennel building and related facility;
e)
how noise will be mitigated;
f)
how many employees including the applicant;
g)
how much onsite parking there is for employees and customers;
h)
identification of supervision during active kennel operation;
i)
days and hours of operation;
j)
expected traffic generation;
k)
identification of roadways to and from the site and the type of roadway;
l)
identification of whether there will be new buildings or structures or usage of
existing structures;
m)
dust mitigation methods on gravel roads to and from the site; and
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
102
n)
sign size, wording, and the location of the sign must be identified on the site
sketch.
10.
The Approving Authority shall require the applicant of an application for a Kennel to
undertake community consultation prior to submission of the Development Permit
application. Written confirmation of community consultation shall be submitted with
submission of the development permit application.
11.
In support of a Development Permit application for a Kennel, the applicant shall submit a
Waste Management Plan detailing the control, management and disposal of animal waste
associated with the operation. Information on whether or not there has been consultation
with the local Health Authority will be required.
12.
On parcels zoned A, A(2), CR, and R-F the Kennel must be operated on the property by the
person who occupies the dwelling.
10.11.a
Aggregate Extraction/Processing
1.
Aggregate Extraction/Processing shall be subject to the provisions of this Bylaw and
applicable policies and procedures of Council and shall require community consultation
as outlined in Section 4.5. All developments shall comply with Alberta Environment Code
of Practice.
2.
The Approving Authority may consider Provincial and/or Federal involvement in
determining the conditions of any development approvals in order to minimize the impact
on adjacent developments and on the environment.
3.
Aggregate Extraction/Processing operations shall be required to undertake phased
reclamation, to the satisfaction of the County and relevant government agencies or
departments, all lands affected by the operations.
4.
Aggregate extraction shall not be permitted within a 165.0 m (541.3 ft) radius of an
existing dwelling, nor shall a dwelling be permitted within a 165.0 m (541.3 ft) radius of
an aggregate extraction operation. This minimum setback requirement shall not be
applicable if an existing dwelling is on the same parcel as a proposed aggregate resource
extraction operation. If the adjacent lot does not contain a dwelling, then the radius will
apply to the applicable minimum setback distance for the relevant Country Residential
district in which the lot is designated.
5.
The Approving Authority may impose the following conditions pertaining to Aggregate
Extraction/Processing:
a)
standard hours of operation;
b)
parameters of operation - depth, total area available to develop;
c)
setbacks from roads, residential and other developments, including reciprocal
setbacks limiting development encroaching existing aggregate operations;
d)
buffering and noise attenuation;
e)
road use agreements and/or development service agreements;
f)
reclamation schedules;
g)
environmental protection measures in accordance with an approved County policy;
h)
review and/or reapplication of the Development Permit every five (5) years; and
i)
any other matters deemed necessary by the Approving Authority.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
103
6.
The Approving Authority shall require the applicant to submit a Comprehensive Site
Development Plan (CSDP) for Aggregate Extraction/Processing proposals with the
application form. For Redesignation applications, Sections 1 through 6 of the CSDP shall
be submitted and Sections 7 through 10 of the CSDP shall be submitted for the
Development Permit. The CSDP includes, but is not limited to, the following information:
a)
Introduction and location of site area;
b)
Purpose of the Comprehensive Site Development Plan (CSDP);
c)
Objectives of the CSDP;
d)
Community Consultation;
e)
Area Context - which includes information regarding the surrounding land uses,
residences within the local area, topographical features, waterbodies, pipelines,
right-of-way, power lines and access roads/highways;
f)
Transportation - all trucks leaving the pit shall be free of materials outside of the
haul box of the vehicle and shall identify the proposed haul route, traffic generation,
access roads and highways;
g)
Development Details - which includes details regarding the existing facilities on
site, proposed facilities, activities occurring within the pit, phasing plan, identified
access/loading areas, volume of material being extracted, proposed equipment
utilization, soil conservation and erosion control;
h)
Signage and Advertising;
i)
Environmental - which includes spill contingency plans and locations of fuel storage
and refueling onsite plan; and
j)
Provincial Consultations and Status - information regarding consultation and
approvals with Federal and Provincial Approving Authorities (as applicable).
7.
When Aggregate Extraction/Processing is proposed within an environmentally significant
area, the applicant shall submit a detailed environmental site assessment and mitigation
plan in support of the proposed development. Additional reports and studies may be
required by the Approving Authority to facilitate the evaluation and assessment of the
application in accordance with approved County policy.
8.
Sound mitigation measures shall be required for all aggregate extraction activities.
9.
The proposed haul route must be approved by the Operations Department, with
appropriate security requirements, prior to the issuance of the Development Permit. Any
delivery of aggregate material within four (4) miles of the gravel pit location shall be
considered local delivery and shall be limited to a maximum of six (6) loads per legal land
location. Loads exceeding six (6) will require issuance of a separate road use agreement.
10.
The Approving Authority may require a review of the Development Permit every five (5)
years for compliance.
11.
A Development Permit is required for a portable batch plant to be located on a property
where Aggregate Extraction/Processing Development (Existing) is listed as an exempt use,
as part of the Operating Regulations. Wet scrubber systems shall not be allowed through
the permitting process for portable batch plants.
12.
Development Permit approval shall exclude extraction or mining below the water table.
Provincial Water Act approvals are required when an activity will impact a water body or
when the works will divert and use surface or groundwater.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
104
10.11.b. Mineral and Resource Extraction/Processing
1.
Mineral and Resource Extraction/Processing shall be subject to the provisions of this
Bylaw and applicable policies and procedures of Council and shall require community
consultation as outlined in Section 4.5. All developments shall comply with Alberta
Environment Code of Practice.
2.
The Approving Authority may consider Provincial and/or Federal involvement in
determining the conditions of any development approvals in order to minimize the impact
on adjacent developments and on the environment.
3.
Mineral and Resource Extraction/Processing operations shall be required to undertake
phased reclamation, to the satisfaction of the County and relevant government agencies
or departments, all lands affected by the operations.
4.
Mineral and Resource Extraction/Processing shall not be permitted within 165.0 m
(541.3 ft) of an existing dwelling, nor shall a dwelling be permitted within 165.0 m (541.3
ft) of a mineral resource extraction operation. This minimum setback requirement shall
not be applicable if an existing dwelling is on the same parcel as a proposed natural
resource extraction operation. If the adjacent lot does not contain a dwelling, then the
radius will apply to the applicable minimum setback distance for the relevant Country
Residential district in which the lot is designated.
5.
The Approving Authority may impose the following conditions pertaining to Mineral and
Resource Extraction/Processing:
a)
standard hours of operation;
b)
parameters of operation - depth, total area available to develop;
c)
setbacks from roads, residential and other developments, including reciprocal
setbacks limiting development encroaching existing gravel operations;
d)
buffering and noise attenuation;
e)
road use agreements and/or development service agreements;
f)
reclamation schedules;
g)
environmental protection measures in accordance with an approved County policy;
and
h)
any other matters deemed necessary by the Approving Authority.
6.
The Approving Authority may require the applicant to submit a Comprehensive Site
Development Plan (CSDP) for Mineral and Resource Extraction/Processing proposals with
the application form. The CSDP may include:
a)
Introduction and location of site area;
b)
Purpose of the Comprehensive Site Development Plan (CSDP);
c)
Objectives of the CSDP;
d)
Community Consultation;
e)
Area Context - which includes information regarding the surrounding land uses,
residences within the local area, topographical features, waterbodies, pipelines,
right-of-way, power lines and access roads/highways;
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
105
f)
Transportation - all trucks leaving the pit shall be free of materials outside of the
haul box of the vehicle and shall identify the proposed haul route, traffic generation,
access roads and highways;
g)
Development Details - which includes details regarding the existing facilities on
site, proposed facilities, activities occurring within the pit, phasing plan, identified
access/loading areas, volume of material being extracted, proposed equipment
utilization, soil conservation and erosion control;
h)
Signage and Advertising;
i)
Environmental - which includes spill contingency plans and locations of fuel storage
and refueling onsite plan; and
j)
Provincial Consultations and Status - information regarding consultation and
approvals with Federal and Provincial Approving Authorities (as applicable).
7.
When the Mineral and Resource Extraction/Processing is proposed within an
environmentally significant area, the applicant shall submit a detailed environmental site
assessment and mitigation plan in support of the proposed development. Additional
reports and studies may be required by the Approving Authority to facilitate the evaluation
and assessment of the application in accordance with approved County policy.
10.12.
Recreational Vehicle Storage Outdoor
1.
All recreational vehicle storage outdoor developments beyond four (4) vehicles may be
allowed on a discretionary basis in the Agricultural Districts at the discretion of the
Approving Authority and shall require a Development Permit. The operator of the business
must reside on the property in which the business is being operated from.
2.
The Approving Authority shall require the applicant of an application for a Recreational
Vehicle Storage Outdoor to undertake community consultation, including the proposed
designated haul route.
3.
In determining the appropriateness and suitability of a site for a proposed recreational
vehicle storage outdoor development, the Approving Authority shall consider such factors
as accessibility, compatibility with adjacent land uses, environmental sensitivity and
physical suitability of the site itself.
4.
The following criteria and standards may be used by the Approving Authority in evaluating
a site design for a proposed recreational vehicle storage development:
a)
the site plan for a proposed recreational vehicle storage shall detail the number of
storage sites proposed including dimensions of the sites, internal circulation
requirements, road widths, site access and egress, emergency access, parking
areas, storage areas, topsoil removal area and location of soils extracted and a
detailed reclamation plan;
b)
the number of access points to the recreational vehicle storage site shall be limited
to control the entry and departure of vehicles and to minimize interference with
neighbouring uses and traffic flow;
c)
Spill contingency plan should detail procedure to mitigate potential ground
contamination from vehicle fluids.
5.
A landscaping plan shall be required as part of the submission for a Development Permit,
except where the Approving Authority accepts that no landscaping is necessary. The
landscaping plan shall be in conformance with the "Mountain View County Business,
Commercial, and Industrial Design Guidelines".
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
106
6.
An application for recreational vehicle storage outdoor shall be subject to the "Mountain
View County Business, Commercial, and Industrial Design Guidelines", except where the
Approving Authority deems unnecessary.
7.
An application for recreational vehicle storage outdoor shall use the following formula
when determining density of recreational vehicles permitted on site:
a)
1 unit per 2 acres; 600 sq ft per unit, therefore;
(i) 160 acres divided by 2 = 80 units x 600 sq ft allowed per unit = 48,000
sq ft / 43,560 (sq ft per acre) - 1.10 acres.
Parcel Size (ac)
1 unit per 2 acres
600 sq ft per unit
Total # of acres
160
80
48,000
1.10
80
40
24,000
0.55
40
20
12,000
0.28
20
10
6,000
0.14
10
5
3,000
0.07
10.13.
Religious Assembly
1.
All religious assembly uses shall comply with the following general regulations:
a)
Where a religious assembly use is proposed to be developed adjacent to a
residential district, the following regulations shall apply:
(i)
the maximum total parcel coverage shall not exceed 40%;
(ii)
the maximum height shall not exceed 10.0 m (32.8 ft) or the maximum
allowable height of the applicable district, whichever is greater;
(iii)
the building setback shall be a minimum of 15.0 m (49.2 ft) along the side
yards flanking and/or abutting residential development;
(iv)
the building setback shall be a minimum of 7.5 m (24.6 ft) along the front and
rear yards; and
(v)
the parcel shall be of such a size that would provide adequate parking and
landscaping in accordance with the regulations of this Bylaw.
b)
A minimum of 6.0 m (19.7 ft) of the required yard setbacks shall be landscaped to
the satisfaction of the Approving Authority.
2.
A religious assembly shall
a)
be located on a site not less than 1.6 ha (4.0 ac) in size;
b)
not exceed the maximum allowable height of the applicable district; and
c)
have a minimum side and rear yard of 10.0 m (32.8 ft).
3.
To minimize impact on adjacent uses, the Approving Authority may require that the
development be designed to reduce the perceived massing of the structure through
techniques including but not limited to increased setbacks and landscaping, articulation
of elevations and rooflines, and finishing materials and colours.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
107
10.14
Riding Arena, Public
1.
All riding arenas and associated facilities shall be kept in a manner satisfactory to the
Health Authority and the Society for the Prevention of Cruelty to Animals (SPCA).
2.
Waste management of riding arenas shall be in accordance with environmental land
management as outlined in the "Manure and Horse Management for Horse Owners" and
"2008 Reference Guide to Agricultural Operation Practices Act (AOPA)".
3.
An application for a Development Permit for a Public Riding Arena shall include
a)
detailed site sketch showing all existing buildings and proposed facilities, including
setback distances from the property line;
b)
the number of events proposed per week, per month, and per year with anticipated
number of participants and vehicles that will be on the site;
c)
how many employees including the applicant;
d)
where the onsite parking is located;
e)
days and hours of operation;
f)
identification of roadways to and from the site and the type of roadway;
g)
identification of whether there will be new buildings or structures or usage of
existing structures;
h)
dust mitigation methods on gravel roads to and from the site; and
i)
sign size, wording, and the location of the sign must be identified on the site sketch.
4.
The Approving Authority may require the applicant of an application for a Public Riding
Arena to undertake community consultation.
5.
Public Riding Arenas are not considered farm buildings and must meet all Alberta Building
Code requirements for public occupancy.
6.
The Riding Arena may be required to have soundproofing and screening to the
satisfaction of the Approving Authority.
7.
The
Approving
Authority
may
consider
unserviced,
overnight,
self-contained
accommodation as part of an application.
10.15
Selective Logging and Tree Clearing/Clear Cutting
1.
In addition to the Development Permit application requirements, when a Development
Permit application for Selective Logging or Tree Clearing/Clear Cutting is proposed, the
Applicant shall submit:
a)
a harvesting plan to be prepared in accordance with the Alberta Timber Harvest
Planning and Operating Ground Rules, and the plan is to be reviewed and signed
by an Alberta Registered Professional Forester;
b)
a location plan showing all hydrographic and topographic features, roads, buildings
and residences within a half mile of the subject property;
c)
haul roads to be used, and methods for dust control; and
d)
a reclamation program and proposed end use for the subject property.
2.
The Approving Authority may impose the following conditions for Selective Logging or Tree
Clearing/Clear Cutting depending on the scope of the proposal:
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
108
a)
Hours of logging operations may be restricted between 7:00 a.m. to 7:00 p.m. on
Monday through Saturday, and no operation on Sunday and statutory holidays.
b)
A Road Use Agreement may be required to be signed prior to commencing logging
operations.
10.16.
Service Station and Gas Bar
1.
Service stations or gas bars shall be located in such a manner that:
a)
No entrance or exit for motor vehicles shall be within 60.0 m (196.9 ft) of an
entrance to or exit from a fire hall, public or private school, playground, library,
church, hospital, children's or senior citizen's home or other similar public or quasi-
public institutions.
b)
No part of a service station or gas station building or of any pump or other accessory
shall be within 6.0 m (19.7 ft) of a side or rear property line.
c)
Service stations shall have a front yard of not less than 12.0 m (39.4 ft) and no
gasoline pump shall be located closer than 6.0 m (19.7 ft) to the front property line.
d)
Underground storage tanks shall be set back from adjacent buildings in
accordance with the Alberta Building Code and Alberta Fire Code.
e)
Oil/water separations shall be incorporated as part of the overall drainage plan in
support of the proposed development to the satisfaction of the Approving Authority.
2.
Use and Maintenance of Service Station Site and Building
a)
The owner, tenant, operator or person in charge of a service station shall at all
times
(i)
be prohibited from the carrying on of activities which are obnoxious or
offensive, or which may constitute a nuisance or annoyance to persons
occupying lands in the immediate vicinity of the site of a service station by
reason of dust, noise, gases, odour, smoke or vibration;
(ii)
be responsible for the proper, safe and orderly operation of the service
station; and
(iii)
maintain on the boundaries of the site, where required by the Approving
Authority, an appropriate fence not less than 1.5 m (4.9 ft) in height.
10.17.
Sour Gas Facility
1.
No development shall be permitted within 100.0 m (328.1 ft) of a level 1 sour gas facility
(consisting of a well) as determined by the Provincial and Federal Authorities regulating
sour gas facilities.
2.
In the case of a level 2 sour gas facility:
a)
no permanent dwelling shall be permitted within 100.0 m (328.1 ft); and
b)
no Public Facility shall be permitted within 500.0 m (1,640.4 ft) of the sour gas facility
3.
In the case of a level 3 or level 4 sour gas facility:
a)
no permanent dwelling shall be permitted within 100.0 m (328.1 ft) of the facility;
b)
no Unrestricted Country development having a density of more than eight (8)
dwellings per quarter section shall be permitted with 500.0 m (1,640.4 ft) of the
facility; or
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
109
c)
no Public Facility shall be permitted within a minimum of 1,500 m (4,921.3 ft) of
the sour gas facility.
4.
Where the applicant for a Development Permit for a use specified above affirms that the
site falls within the noted sour gas setback distances, the Approving Authority, after
consulting with the Provincial and/or Federal Regulating Authorities, may request that the
development be placed on a less hazardous location elsewhere on the parcel or a setback
relaxation is approved by AER.
5.
In determining if a proposal is a Public Facility, the Approving Authority shall apply the
AER's definition of Public Facility and will utilize the criteria below to interpret if a proposal
that is within 1,500 m of sour gas facilities comes within the definition of Public Facility
and requires a circulation to the AER:
a)
The applicant shall contact the owners and/or operator(s) of the sour gas facilities
located within 1,500 m of the proposal to identify the impact on the owner or
operator's Emergency Response Plan (ERP) and request their support for the
proposal. Written confirmation of the response of owner or the operator of the sour
gas facilities shall be required as part of the applicant's application. That
information regarding impact upon the ERP shall be considered by the Approving
Authority in determining if the proposal is a Public Facility.
b)
In the event that the owners and/or operator(s) of the sour gas facilities do not
provide the applicant with a written response to be included as part of the
applicant's application, the Approving Authority may treat the application as
complete without this information but shall define the proposal as a public facility
and circulate the application to the AER.
When the Approving Authority defines a proposal as not coming within the definition of a
Public Facility, the proposal shall be defined as "Unrestricted Country Development" and
shall be circulated to the AER if the proposal is located within 500 m of any sour gas
facility. If the AER's circulation response define the proposal as a Public Facility, the AER's
interpretation shall prevail over that of the Approving Authority.
6.
Notwithstanding 5 above, any application may be circulated to AER taking into account
historic planning and development information.
10.18.
Tourist Campground
1.
In determining the appropriateness and suitability of a site for a proposed campground
development, the Approving Authority shall consider such factors as accessibility,
compatibility with adjacent land uses, environmental sensitivity and physical
suitability/serviceability of the site itself.
2.
Roads leading to a proposed campground may be required, as a condition of development
approval, to be brought into a condition necessary to sustain the volume and type of traffic
to be generated by the proposed campground.
3.
The following criteria and standards may be used by the Approving Authority in evaluating
a site design for a proposed campground development:
a)
a concept plan inclusive of community consultation shall be required in support of
proposed redesignation and development application for a recreational resort or
tourist campground application;
b)
the site plan for a proposed campground shall detail internal circulation
requirements, road widths, pedestrian circulation, site access and egress,
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
110
emergency access, parking areas, storage areas, toilet and laundry areas,
recreational areas and campsite areas;
c)
the number of access points to the campground shall be limited to control the entry
and departure of vehicles and to minimize interference with neighbouring uses and
traffic flow;
d)
the location of access points shall not route traffic through residential areas;
e)
access points shall be designed to accommodate two-way traffic and shall provide
a clear unobstructed view for traffic and turning vehicles. The provision of
acceleration and deceleration lanes may be required;
f)
all campgrounds shall have clear access and identification for firefighting,
ambulance and police;
g)
for campgrounds proposed to be open year-round, provision shall be made in the
design of internal roads for snow removal and snow storage;
h)
parking space is required for visitors and the location of visitor parking shall not
interfere with pedestrian safety;
i)
recreational facilities shall not be located where they would intrude on the privacy
of adjacent campers;
j)
noise control measures may also be required and may include the use of berms,
natural barriers and screens and locating noise-insensitive aspects of the
campground closest to the noise source;
k)
within the campground development, a circular one-way system with gently curving
roads, sensitive to topography and site characteristics is preferred, and shall be
signed to avoid confusion;
l)
all facilities shall meet public health regulations and be kept in a manner
satisfactory to the health regulatory authority;
m)
a map with clearly identified internal roadways, site numbers, and parking areas
may be required to be provided for camper convenience and in cases of emergency.
n)
Concurrently with a Development Permit application, the Approving Authority may
require, and review campground regulations drafted to support the operation of the
facility.
10.19.
Work Camp, Long Term
1.
All work camp, long term developments may be allowed on a discretionary basis at the
discretion of the Approving Authority and shall require a Development Permit.
2.
A concept plan that shows the location, design standards and site requirements of any
common accessory uses and services, such as washrooms, laundromats, recreational
buildings, retail stores, food concessions, fire pits, fire wood storage, lighting, water
supply, wastewater disposal facilities, solid waste collection facilities and any other
similar uses or services that may be associated with or required within a work camp shall
be provided to the satisfaction of the Approving Authority. The following regulations shall
be applied in designing the work camp site plan:
a)
the road system shall be properly signed for users and for emergency response
vehicles, and shall be sensitive to the topography and environmental
characteristics of the site;
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
111
b)
roads shall be surfaced to the satisfaction of the Approving Authority;
c)
all utility services and all utility wires and conduits shall be provided as required by
the Approving Authority and the utility companies; and
d)
setbacks shall be in accordance with the regulations of the applicable districts.
3.
Work camps are considered temporary occupancies and shall apply for temporary
permits.
4.
A Development Permit for a temporary work camp may be time limited for up to two (2)
years.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
112
PART 5
LAND USE DISTRICTS
11.0 Agricultural Districts
12.0 Residential Districts
13.0 Commercial Districts
14.0 Industrial Districts
15.0 Parks and Recreational Districts
16.0 Public Services Districts
17.0 Direct Control Districts
18.0 Land Use District Maps
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
113
Section 11 AGRICULTURAL DISTRICTS
11.1.
A
Agricultural District
Purpose
To accommodate and promote agriculture land uses on larger parcels while having
regard for the rural, agricultural character of the area.
Uses
a)
The following uses shall be permitted or discretionary with or without conditions
provided the application complies with the regulations of this district and this
Bylaw.
EXEMPT
DISCRETIONARY
Accessory Building and Use
Abattoir
Note: "Exempt" means development that does not require
a Development Permit if it meets all the provisions of the
Bylaw. For additional guidance please refer to Subsection
4.2.
Agricultural Processing
Accessory Building & Use, less than 10.0 m2 (107.6ft2)
Agriculture Support Services
Agriculture, Extensive
Animal Health Care Services
Agricultural Specialty
Alternative/Renewable Energy Development, Commercial
Auctioneering Services, On-Site
Auctioneering Services, Livestock
Business, Home Office
Auctioneering Services, No Livestock
Dugout
Bed and Breakfast
Farm Building
Berming
Horticultural Use
Bunkhouse
Recreational Vehicle - up to 4 units. See Subsection 4.2.
Business, Agri-Tourism
Sign, Identification
Business, Contractors
Tree Clearing/Clear Cutting and Selective Logging when
NOT in an ESA
Communication Tower
PERMITTED
Day Care Services
Accessory Building and Use
Dwelling, Duplex
Business, Home Based
Dwelling, Move In/Relocation
Dwelling, Prefabricated
Dwelling, Secondary Detached
Dwelling, Single Detached
Dwelling, Secondary Suite
Riding Arena, Private
Eating Establishment, Indoor
Selective Logging when in ESA Level 2, 3, & 4
Eating Establishment, Outdoor
Sign, Gateway and Directional
Group Home, Limited
Sign, On-Site Commercial (with an existing DP)
Heavy Equipment Training Facility - only on SW 33-32-1-5
Utility Building
Kennel, Commercial
Mineral and Resource Extraction/Processing
Recreational Vehicles Storage Indoor considered as a
Business, Contractors when located within pre-existing
accessory buildings only
Recreational Vehicle Storage Outdoor
Recreational Vehicle for living accommodation may be
applied for as a temporary residential use in combination
with a Development Permit application to construct a
dwelling unit
Riding Arena, Public
Selective Logging when in ESA Level 1 & Hazard Lands
Signs, Third Party Commercial
Tree Clearing/Clear Cutting when in ESA Level 1, 2, 3, & 4
A
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
114
Site Regulations
b)
The following regulations shall apply to every development in this district.
PARCEL AREA
Minimum 32.37 ha (80.0 ac) or the area in title at the time of passage of this Bylaw.
Minimum 30.0 m (98.4 ft) from the property line adjacent to any paved or hard surface
County road allowance; or
Minimum 40.0 m (131.2 ft) from the property line from any gravel County road
allowance
FRONT YARD
Minimum 15.0 m (49.2 ft) from the property line from an internal roadway, at the
discretion of the Approving Authority
REAR and SIDE YARD
Minimum 15.0 m (49.2 ft)
PORTABLE FARM BUILDING &
EXEMPT ACCESSORY BUILDING
Front Yard: Minimum 5.0 m (16.4 ft)
Side and Rear Yard: Minimum 5.0 m (16.4 ft)
FENCES, GATES, SIGNS
On the property line for fences, gates, other means of enclosure, and signs
CORNER PARCEL
In accordance with Subsection 9.7
YARDS SETBACKS FROM
EXISTING & PROPOSED
HIGHWAYS & SERVICE ROADS
As determined by Alberta Transportation
CFOs: As determined by the Agricultural Operations Practice Act (AOPA)
Pipelines and Oil & Gas Facilities: consistent with current provincial regulations
Sewage Lagoons & Treatment Plant: 300.0 m (984.3 ft)
OTHER SETBACKS
Landfill Site & Waste Transfer Station: 300.0 m (984.3 ft) or 450.0 m (1,476.4 ft)
Dwelling Unit: Maximum 12.2 m (40.0 ft)
BUILDING HEIGHT
For all other Permitted and Discretionary Uses: Limited to such height as is deemed
suitable and appropriate for the intended use
DWELLING FLOOR AREA
Shall meet required Alberta Building Codes for permanent year-round occupancy
DWELLING DENSITY
Maximum dwelling unit density for parcels less than 28.33 ha (70.0 ac) shall be one
(1) unit per parcel.
Maximum dwelling unit density for parcels greater than 28.33 ha (70.0 ac) shall be
two (2) units per parcel.
Secondary suites or secondary detached dwelling unit may be considered in
accordance with Section 9.10. and 9.11.
Other Development Regulations
c)
As a condition of subdivision or development approval, the County may require
guaranteed security to ensure the timely completion of the subdivision and/or
development approval conditions.
d)
Permitted and Discretionary Uses shall adhere to PART 4 - RULES GOVERNING
ALL DISTRICTS.
(i)
For General Regulations refer to Section 9.0.
(ii)
For Specific Use Regulations refer to Section 10.0.
e)
Permitted and Discretionary Uses in this district shall comply with the "Mountain
View County Business, Commercial, and Industrial Design Guidelines" as adopted
by Council.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
115
11.2.
A(2)
Agricultural (2) District
Purpose
To accommodate smaller parcels of agricultural land and fragmented parcels
physically separated by permanent or man-made features for agricultural uses.
Residential uses are accessory to the agricultural use.
Uses
a)
The following uses shall be permitted or discretionary with or without conditions
provided the application complies with the regulations of this district and this
Bylaw.
EXEMPT
DISCRETIONARY
Accessory Building and Use
Abattoir
Note: "Exempt" means development that does not
require a Development Permit if it meets all the
provisions of the Bylaw. For additional guidance please
refer to Subsection 4.2.
Agricultural Processing
Accessory Building & Use, less than 10.0 m2 (107.6ft2)
Agriculture Support Services
Agriculture, Extensive
Alternative/Renewable Energy Development, Commercial
Agricultural Specialty
Animal Health Care Services
Auctioneering Services, On-Site
Auctioneering Services, Livestock
Business, Home Office
Auctioneering Services, No Livestock
Dugout
Bed and Breakfast
Farm Building
Berming
Horticultural Use
Bunkhouse
Recreational Vehicle - up to 4 units. See Subsection 4.2.
Business, Agri-Tourism
Sign, Identification
Business, Contractors
Tree Clearing/Clear Cutting and Selective Logging when
NOT in an ESA
Communication Tower
PERMITTED
Day Care Services
Accessory Building and Use
Dwelling, Duplex
Business, Home Based
Dwelling, Move In/Relocation
Dwelling, Prefabricated
Dwelling, Secondary Detached
Dwelling, Single Detached
Dwelling, Secondary Suite
Riding Arena, Private
Group Home, Limited
Selective Logging when in ESA Level 2, 3, & 4
Kennel, Commercial
Sign, Gateway and Directional
Mineral and Resource Extraction/Processing
Sign, On-Site Commercial (with an existing DP)
Recreational Vehicles Storage Indoor considered as a
Business, Contractors when located within pre-existing
agriculture accessory buildings only.
Utility Building
Recreational Vehicle Storage Outdoor
Recreational Vehicle for living accommodation may be
applied for as a temporary residential use in combination
with a Development Permit application to construct a
dwelling unit.
Riding Arena, Public
Selective Logging when in ESA Level 1 & Hazard Lands
Signs, Third Party Commercial
Tree Clearing/Clear Cutting when in ESA Level 1,2,3,&4
A(2)
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
116
Site Regulations
b)
The following regulations shall apply to every development in this district.
PARCEL DENSITY
In accordance with statutory plans and approved concept plans.
Minimum 16.16 ha (40.0 acres) or a smaller area redesignated by Council; Maximum 32.33 ha
(79.9 ac) or the area in title at the time of passage of this Bylaw.
PARCEL AREA
Fragmented parcels: Minimum 2.03 ha (5.01 ac); Maximum 32.33 ha (79.9 ac) or the area in
title at the time of passage of this Bylaw.
Minimum 30.0 m (98.4 ft) from the property line adjacent to any paved or hard surface
County road allowance
Minimum 40.0 m (131.2 ft) from the property line from any gravel County road allowance
FRONT YARD
Minimum 15.0 m (49.2 ft) from the property line from an internal roadway, at the
discretion of the Approving Authority
REAR and SIDE YARD
Minimum 15.0 m (49.2 ft)
PORTABLE FARM BUILDING &
EXEMPT ACCESSORY BUILDING
Front Yard: Minimum 5.0 m (16.4 ft)
Side and Rear Yard: Minimum 5.0 m (16.4 ft)
FENCES, GATES, SIGNS
On the property line for fences, gates, other means of enclosure, and signs
CORNER PARCEL
In accordance with Subsection 9.7
YARDS SETBACKS FROM
EXISTING & PROPOSED
HIGHWAYS & SERVICE ROADS
As determined by Alberta Transportation
CFOs: As determined by the Agricultural Operations Practice Act (AOPA)
Pipelines and Oil & Gas Facilities: consistent with current provincial regulations
Sewage Lagoons & Treatment Plant: 300.0 m (984.3 ft)
OTHER SETBACKS
Landfill Site & Waste Transfer Station: 300.0 m (984.3 ft) or 450.0 m (1,476.4 ft)
Dwelling Unit: Maximum 12.2 m (40.0 ft )
BUILDING HEIGHT
For all other Permitted and Discretionary Uses: Limited to such height as is deemed
suitable and appropriate for the intended use
DWELLING FLOOR AREA
Shall meet required Alberta Building Codes for permanent year-round occupancy
DWELLING DENSITY
Maximum dwelling unit density for parcels less than 28.33 ha (70.0 ac) shall be one (1)
unit per parcel.
Maximum dwelling unit density for parcels greater than 28.33 ha (70.0 ac) shall be two
(2) units per parcel.
Secondary suites or secondary detached dwelling unit may be considered in accordance
with Section 9.10. and 9.11.
Other Development Regulations
c)
As a condition of subdivision or development approval, the County may require
guaranteed security to ensure the timely completion of the subdivision and/or
development approval conditions.
d)
Permitted and Discretionary Uses shall adhere to PART 4 - RULES GOVERNING
ALL DISTRICTS.
(i)
For General Regulations refer to Section 9.0.
(ii)
For Specific Use Regulations refer to Section 10.0
e)
Permitted and Discretionary Uses in this district shall comply with the
"Mountain View County Business, Commercial, and Industrial Design Guidelines"
as adopted by Council.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
117
Section 12 RESIDENTIAL DISTRICTS
12.1.
R-CR
Country Residential District
Purpose
To accommodate low density, country residential uses on unserviced
residential parcels and fragmented parcels by way of natural or man-made
features of 1.21 - 2.02 ha (3.0 - 5.0 acres) in size that meet Municipal and
Provincial servicing standards. Parcel size may increase to 6.07 ha (15.0
acres) when in compliance with an approved Area Structure Plan.
Uses
a)
The following uses shall be permitted or discretionary with or without
conditions provided the application complies with the regulations of this
district and this Bylaw.
EXEMPT
DISCRETIONARY
Accessory Building and Use
Bed and Breakfast
Note: "Exempt" means development that does not
require a Development Permit if it meets all the
provisions of the Bylaw. For additional guidance please
refer to Subsection 4.2.
Berming
Accessory Building and Use, less than 10.0 m2 (107.6ft2)
Business, Contractors - on stand-alone parcels only
Agriculture, Extensive - see Other Development
Regulations
Business, Home Based
Business, Home Office
Communication Tower
Dugout
Day Care Services
Recreational Vehicle Storage Outdoor up to 2 vehicles
Dwelling, Duplex
Sign, Identification
Dwelling, Move In/Relocation
PERMITTED
Dwelling, Secondary Suite
Accessory Building and Use
Group Home, Limited
Dwelling, Prefabricated
Horticultural Use
Dwelling, Single Detached
Kennel, Commercial
Selective Logging when in ESA Level 2, 3, & 4
Recreational Vehicle for living accommodation may be applied
for as a temporary residential use in combination with a
Development Permit application to construct a dwelling unit
Shipping Container - see Table 4.2-2
Selective Logging when in ESA Level 1
Sign, Gateway and Directional
Show Home
Sign, On-Site Commercial (with an existing DP)
Tree Clearing/Clear Cutting when in ESA Level 1, 2, 3, & 4
Site Regulations
b)
The following regulations shall apply to every development in this district.
PARCEL DENSITY
In accordance with statutory plans and approved Concept Plans.
PARCEL AREA
Minimum 1.21 ha (3.0 ac) Maximum 2.02 ha (5.0 ac) unless a larger area was
approved as part of the redesignation to accommodate setbacks, topography,
easements, and a suitable building envelope; or the area in title at the time of
passage of this Bylaw.
Minimum 30.0 m (98.4 ft) from the property line from any paved or hard surface County
road allowance
Minimum 40.0 m (131.2 ft) from the property line from any gravel County road
allowance
FRONT YARD
Minimum 7.0 m (23.0 ft) from the property line from an internal subdivision roadway
R-CR
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
118
REAR and SIDE YARD
Minimum 6.0 m (19.7 ft)
YARD SETBACKS FROM
EXISTING AGRICULTURAL
DISTRICTS
Where the yard abuts an agricultural district, it shall be 17.0 m (55.8 ft)
Accessory Buildings when abutting Agricultural Districts shall be minimum 15.0 m
(49.2 ft)
FENCES, GATES, SIGNS
On the property line for fences, gates, other means of enclosure, and signs
CORNER PARCEL
In accordance with Subsection 9.7
YARD SETBACKS FROM
EXISTING & PROPOSED
HIGHWAYS & SERVICE ROADS
As determined by Alberta Transportation
Dwelling unit: Maximum 10.0 m (32.8 ft)
BUILDING HEIGHT
For all other Permitted and Discretionary Uses: Limited to such height as is deemed
suitable and appropriate for the intended use
Shall meet required Alberta Building Codes for permanent year-round occupancy
DWELLING FLOOR AREA
Standards for other uses shall be as required by the Approving Authority
The base density for all parcels shall be one (1) dwelling unit per parcel
DWELLING DENSITY
A secondary suite may be considered in accordance with Section 9.11. except when
the principal building is a multiple dwelling unit then no secondary suite shall be
considered.
Other Development Regulations
c)
When an accessory building is used as a Farm Building as defined in Section 2.5 of
this Bylaw a Building Permit may not be required.
d)
Agriculture, extensive shall be exempt on designated land until such time as
development and construction commences according to the primary intent of the
district.
e)
As a condition of subdivision or development approval, the County may require
guaranteed security to ensure the timely completion of the subdivision and/or
development approval conditions.
f)
Permitted and Discretionary Uses shall adhere to PART 4 - RULES GOVERNING ALL
DISTRICTS.
(i)
For General Regulations refer to Section 9.0.
(ii)
For Specific Use Regulations refer to Section 10.0.
g)
Permitted and Discretionary Uses in this district shall comply with the "Mountain View
County Business, Commercial, and Industrial Design Guidelines" as adopted by
Council.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
119
12.2.
R-CR1 Country Residential (1) District
Purpose
To accommodate clustering of residential uses on smaller parcels that encourage
the preservation of ecologically significant areas, historical sites, and agricultural
land.
Uses
a)
The following uses shall be permitted or discretionary with or without
conditions provided the application complies with the regulations of this
district and this Bylaw.
EXEMPT
DISCRETIONARY
Accessory Building and Use
Bed and Breakfast
Note: "Exempt" means development that does not
require a Development Permit if it meets all the
provisions of the Bylaw. For additional guidance please
refer to Subsection 4.2.
Berming
Accessory Building and Use, less than 10.0 m2 (107.6ft2)
Business, Home Based
Agriculture, Extensive - see Other Development
Regulations
Day Care Services
Business, Home Office
Dwelling, Duplex
Recreational Vehicle Storage Outdoor up to 2
vehicles
Dwelling, Move In/Relocation
Sign, Identification
Dwelling, Secondary Suite
PERMITTED
Group Home, Limited
Accessory Building and Use
Recreational Vehicle for living accommodation may be
applied for as a temporary residential use in combination
with a Development Permit application to construct a
dwelling unit
Dwelling, Prefabricated
Selective Logging when in ESA Level 1
Dwelling, Single Detached
Show Home
Selective Logging when in ESA Level 2, 3, & 4
Tree Clearing/Clear Cutting when in ESA Level 1, 2, 3, & 4
Shipping Container - see Table 4.2-2
Sign, Gateway & Directional
Sign, On-Site Commercial (with an existing DP)
Site Regulations
b)
The following regulations shall apply to every development in this district.
PARCEL DENSITY
In accordance with statutory plans and approved Concept Plans
PARCEL AREA
Minimum 0.81 ha (2.0 ac); Maximum 1.20 ha (2.99 ac)
Minimum 30.0 m (98.4 ft) from the property line from any paved or hard surface
County road allowance
Minimum 40.0 m (131.2 ft) from the property line from any gravel County road
allowance
FRONT YARD
Minimum 7.0 m (23.0 ft) from an internal subdivision roadway
REAR YARD
Minimum 6.0 m (19.7 ft)
SIDE YARD
Minimum 4.0 m (13.1 ft)
YARD SETBACKS FROM EXISTING
AGRICULTURAL DISTRICTS
Where the yard abuts an agricultural district it shall be 17.0 m (55.8 ft)
Accessory Buildings when abutting Agricultural Districts shall be minimum 15.0 m
(49.2 ft)
FENCES, GATES, SIGNS
On the property line for fences, gates, other means of enclosure, and signs
CORNER PARCEL RESTRICTIONS
In accordance with Subsection 9.7
R-CR1
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
120
YARD SETBACKS FROM
EXISTING & PROPOSED
HIGHWAYS & SERVICE
ROADS
As determined by Alberta Transportation
Dwelling unit: Maximum 10.0 m (32.8 ft)
BUILDING HEIGHT
For all other Permitted and Discretionary Uses: Limited to such height as is deemed
suitable and appropriate for the intended use
Shall meet required Alberta Building Codes for permanent year-round occupancy
DWELLING FLOOR AREA
Standards for other uses shall be as required by the Approving Authority
The base density for all parcels shall be one (1) dwelling unit per parcel
DWELLING DENSITY
A secondary suite may be considered in accordance with Section 9.11. except when
the principal building is a multiple dwelling unit then no secondary suite shall be
considered.
Other Development Regulations
c)
When an accessory building is used as a Farm Building as defined in Section 2.5 of
this Bylaw a Building Permit may not be required.
d)
Agriculture, extensive shall be exempt on designated land until such time as
development and construction commences according to the primary intent of the
district.
e)
As a condition of subdivision or development approval, the County may require
guaranteed security to ensure the timely completion of the subdivision and/or
development approval conditions.
f)
Permitted and Discretionary Uses shall adhere to PART 4 - RULES GOVERNING ALL
DISTRICTS.
(i)
For General Regulations refer to Section 9.0.
(ii)
For Specific Use Regulations refer to Section 10.0.
g)
Permitted and Discretionary Uses in this district shall comply with the "Mountain View
County Business, Commercial, and Industrial Design Guidelines" as adopted by
Council.
h)
Prior to issuance of a Development Permit for a dwelling (including any type of
dwelling listed within this District as Permitted or a Discretionary Use) on the lots
contained in Phase 1 within the SE 3-33-1-5, shall require the submission of a Water
Well Driller Report demonstrating that the well's total depth drill is at a minimum of
40 m (131.2 ft), as recommended in the Ground Water Supply Evaluation report.
Bylaw No. 01/26
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
121
12.3.
R-F
Residential Farmstead District
Purpose
To accommodate a single residential parcel of land containing the farmstead
from an unsubdivided quarter section. Agricultural uses may be accessory to
the residential use.
Uses
a)
The following uses shall be permitted or discretionary with or without
conditions provided the application complies with the regulations of this
district and this Bylaw.
EXEMPT
DISCRETIONARY
Accessory Building and Use
Agriculture Speciality
Bed and Breakfast
Note: "Exempt" means development that does not require
a Development Permit if it meets all the provisions of the
Bylaw. For additional guidance please refer to Subsection
4.2.
Berming
Accessory Building and Use, less than 10.0 m2 (107.6ft2)
Business, Contractors
Business, Home Office
Business, Home Based
Dugout
Communication Tower
Farm Building (as approved with a subdivision)
Day Care Services
Recreational Vehicle - up to 4 units. See Subsection 4.2.
Dwelling, Move In/Relocation
Sign, Identification
Dwelling, Secondary Suite
Tree Clearing/Clear Cutting and Selective Logging when NOT
in an ESA
Group Home, Limited
PERMITTED
Horticultural Use
Accessory Building and Use
Kennel, Commercial
Dwelling, Modular
Recreational Vehicle for living accommodation may be
applied for as a temporary residential use in combination
with a Development Permit application to construct a
dwelling unit
Dwelling, Prefabricated
Riding Arena, Private
Dwelling, Single Detached
Riding Arena, Public
Selective Logging when in ESA Level 2, 3, & 4
Selective Logging when in ESA Level 1
Shipping Container - see Table 4.2-2
Tree Clearing/Clear Cutting when in ESA Level 1, 2, 3,
Sign, Gateway and Directional
Sign, On-Site Commercial (with an existing DP)
Site Regulations
b)
The following regulations shall apply to every development in this district.
PARCEL AREA
Minimum 0.8 ha (2.0 ac) - Maximum area deemed necessary to accommodate
the farmstead
Minimum 30.0 m (98.4 ft) from the property line from any paved or hard surface
County road allowance
Minimum 40.0 m (131.2 ft) from the property line from any gravel County road
allowance
FRONT YARD
Minimum 7.0 m (23.0 ft) from an internal subdivision roadway
REAR and SIDE YARD
Minimum 6.0 m (19.7 ft)
PORTABLE FARM BUILDING & EXEMPT
ACCESSORY BUILDING
Front Yard: Minimum 5.0 m (16.4 ft)
Side and Rear Yard: Minimum 5.0 m (16.4 ft)
R-F
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
122
YARD SETBACKS FROM EXISTING
AGRICULTURAL DISTRICTS
Where the yard abuts an agricultural district, it shall be 17.0 m (55.8 ft)
Accessory Buildings when abutting Agricultural Districts shall be minimum 15.0
m (49.2 ft)
FENCES, GATES, SIGNS
On the property line for fences, gates, other means of enclosure, and signs
CORNER PARCEL RESTRICTIONS
In accordance with Subsection 9.7
YARD SETBACKS FROM
EXISTING & PROPOSED
HIGHWAYS & SERVICE ROADS
As determined by Alberta Transportation
Dwelling unit: Maximum 10.0 m (32.8 ft)
BUILDING HEIGHT
For all other Permitted and Discretionary Uses: Limited to such height as is
deemed suitable and appropriate for the intended use
Shall meet required Alberta Building Codes for permanent year-round occupancy
DWELLING FLOOR AREA
Standards for other uses shall be as required by the Approving Authority
The base density for all parcels shall be one (1) dwelling unit per parcel unless
two (2) approved detached dwellings are existing on the farmstead and the
Approving Authority deem the second dwelling legal non-conforming.
DWELLING DENSITY
A secondary suite may be considered in accordance with Section 9.11.
Other Development Regulations
c)
When an accessory building is used as a Farm Building as defined in Section 2.5 of
this Bylaw a Building Permit may not be required.
d)
As a condition of subdivision or development approval, the County may require
guaranteed security to ensure the timely completion of the subdivision and/or
development approval conditions.
e)
Permitted and Discretionary Uses shall adhere to PART 4 - RULES GOVERNING ALL
DISTRICTS.
(i)
For General Regulations refer to Section 9.0.
(ii)
For Specific Use Regulations refer to Section 10.0.
f)
Permitted and Discretionary Uses in this district may comply with the "Mountain View
County Business, Commercial, and Industrial Design Guidelines" as adopted by
Council.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
123
Section 13 COMMERCIAL DISTRICTS
13.1.
C-LC
Local Commercial District
Purpose
To accommodate a diversity of retail, service and commercial activities that is
beneficial to the local residential community and consistent with the character of
the rural neighbourhoods.
Uses
a)
The following uses shall be permitted or discretionary with or without
conditions provided the application complies with the regulations of this
district and this Bylaw.
EXEMPT
DISCRETIONARY
Agricultural, Extensive - see Other Development
Regulations
Accessory Building and Use
PERMITTED
Amusement and Entertainment Services
Accessory Building and Use
Animal Health Care Services
Commercial Retail Services, Minor
Automotive, Equipment and Vehicle Services
Day Care Services
Berming
Eating Establishment, Indoor
Cannabis Retail Sales
Eating Establishment, Outdoor
Commercial Retail Services, Major
Office
Communication Tower
Personal and Health Care Services
Crematorium
Professional, Business, Financial and Office Support
Services
Cultural Facilities
Protective and Emergency Services
Dwelling, Caretaker/Manager
Service Station
Dwelling, Security Suite
Shipping Container - see Table 4.2-2
Educational Services
Sign, On-Site Commercial
Funeral Home
Utility Services, Minor Infrastructure
Government Services
Hotel
Liquor Sales/Distribution Services
Medical Treatment Services
Motel
Recreation Services, Community
Recreation Services, Indoor Participant
Sign, Third Party Commercial
Tree Clearing/Clear Cutting when in ESA Level 1, 2, 3, & 4
Site Regulations
a)
The following regulations shall apply to every development in this district:
PARCEL DENSITY
For all Permitted and Discretionary Uses: the parcel density requirements shall be
determined by the Approving Authority, and if applicable, in accordance with an
approved area structure plan and concept plan.
PARCEL SIZE
Minimum Parcel Area: 1,858 m2 (20,000 ft2)
Minimum 30.0 m (98.4 ft) from the property line from any paved or hard surface
County road allowance
Minimum 40.0 m (131.2 ft) from the property line from any gravel County road
allowance
FRONT YARD
Minimum 7.0 m (23.0 ft) from an internal subdivision roadway
C-LC
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
124
REAR and SIDE YARD
Minimum 6.0 m (19.7 ft)
FENCES, GATES, SIGNS
On the property line for fences, gates, other means of enclosure, and signs
CORNER PARCEL RESTRICTIONS
In accordance with Subsection 9.7
YARD SETBACKS FROM
EXISTING RESIDENTIAL
DISTRICTS
Where the yard abuts a residential district, it shall be increased by 50%
YARDS SETBACKS FROM
EXISTING AND PROPOSED
HIGHWAYS AND SERVICE
ROADS
As determined by Alberta Transportation
BUILDING HEIGHT
Maximum 10.6 m (34.8 ft) except for hotels which shall not exceed 16.2 m (53.0 ft)
PARCEL COVERAGE FOR THE
PRINCIPAL AND ALL
ACCESSORY BUILDINGS
Developments shall not exceed 30% of the parcel area provided that provision has
been made for off-road parking, loading, storage waste disposal and landscaping to
the satisfaction of the Approving Authority
Other Development Regulations
c)
Development shall be designed to ensure the privacy of adjacent residential
development.
d)
Agriculture, extensive shall be exempt on designated land until such time as
development and construction commences according to the primary intent of the
district.
e)
The minimum setback requirement for all Permitted and Discretionary Uses may
be increased at the discretion of the Approving Authority. The storage of goods
and equipment within setbacks may be considered at the discretion of the
Approving Authority.
f)
As a condition of subdivision or development approval, the County may require
guaranteed security to ensure the timely completion of the subdivision and/or
development approval conditions.
g)
Permitted and Discretionary Uses shall adhere to PART 4 - RULES GOVERNING
ALL DISTRICTS.
(i)
For General Regulations refer to Section 9.0.
(ii)
For Specific Use Regulations refer to Section 10.0.
h)
Permitted and Discretionary Uses shall comply with the "Mountain View County
Business, Commercial, and Industrial Design Guidelines" as adopted by Council.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
125
Section 14
INDUSTRIAL DISTRICTS
14.1.
I-BP
Business Park District
Purpose
To accommodate a broad range of commercial and industrial uses in business and
industrial parks, some of which may have outdoor storage or work activities. Any
nuisance associated with such uses should generally not extend beyond the
boundaries of the site.
Uses
a)
The following uses shall be permitted or discretionary with or without
conditions provided the application complies with the regulations of this
district and this Bylaw.
EXEMPT
DISCRETIONARY
Agriculture, Extensive - see Other Development
Regulations
Accessory Building and Use
PERMITTED
Abattoir
Accessory Building and Use
Agricultural Processing
Animal Health Care Services
Agricultural Support Services
Automotive, Equipment and Vehicle Services
Alternative/Renewable Energy Development, Commercial
Commercial Retail Services, Major
Amusement and Entertainment Services
Commercial Retail Services, Minor
Auctioneering Services, Livestock
Cultural Facilities
Auctioneering Services, No Livestock
Day Care Services
Berming
Eating Establishment, Indoor
Cannabis Production Facility
Eating Establishment, Outdoor
Cannabis Retail Sales
Educational Services
Bulk Fuel Depot
Government Services
Cardlock Fuel Dispensing Facility
Hotel
Crematorium
Liquor Sales / Distribution Services
Communication Tower
Medical Treatment Services
Dwelling, Security Suite
Motel
Funeral Home
Office
Horticultural Use
Park
Horticultural Use, Medicinal
Personal and Health Care Services
Industrial Manufacturing / Processing, General
Professional, Business, Financial & Office Support Services
Industrial Storage and Warehousing
Protective and Emergency Services
Kennel, Commercial
Recycling Depot
Recreation Services, Indoor Participant
Service Station
Recreational Vehicle Storage Indoor
Shipping Container - see Table 4.2-2
Recreational Vehicle Storage Outdoor
Sign, On-Site Commercial
Riding Arena, Public
Utility Building
Semi-Public Use
Utility Services, Minor Infrastructure
Sign, Third-Party Commercial
Spectator Sports Establishments
Tree Clearing/Clear Cutting when in ESA Level 1, 2, 3, & 4
Utility Services, Major Infrastructure
Waste Management Facility, Minor
Work Camp, Long Term
Work/Lay Down Camp
I-BP
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
126
Site Regulations
b)
The following regulations shall apply to every development in this district.
All of the land contained in the existing titled area, unless otherwise approved by the
Approving Authority
Minimum Commercial Parcel Size is 1.01 ha (2.5 ac)
PARCEL SIZE
Minimum Industrial Parcel Size is 2.02 ha (5.0 ac) (under Inter-Municipal agreements)
Minimum 30.0 m (98.4 ft) from the property line from any paved or hard surface
County road allowance
Minimum 40.0 m (131.2 ft) from the property line from any gravel County road
allowance
FRONT YARD
Minimum 12.0 m (39.4 ft) from an internal subdivision roadway
REAR and SIDE YARD
Minimum 9.0 m (29.5 ft)
FENCES, GATES, SIGNS
On the property line for fences, gates, other means of enclosure, and signs
YARDS SETBACKS FROM
EXISTING & PROPOSED
HIGHWAYS & SERVICE ROADS
As determined by Alberta Transportation
CORNER PARCEL
RESTRICTIONS
In accordance with Subsection 9.7
YARD SETBACKS FROM
EXISTING RESIDENTIAL
DISTRICTS
Where the yard abuts a residential district, it shall be increased by 50%
BUILDING HEIGHT
Maximum 18.0 m (59.1 ft)
PARCEL COVERAGE FOR THE
PRINCIPAL AND ALL
ACCESSORY BUILDINGS
Maximum 60% of the parcel area provided that provision has been made for off-road
parking, loading, storage waste disposal and landscaping to the satisfaction of the
Approving Authority
Other Development Regulations
c)
Agriculture, extensive shall be exempt on designated land until such time as
development and construction commences according to the primary intent of the
district.
d)
The minimum setback requirement for all Permitted and Discretionary Uses may be
increased at the discretion of the Approving Authority. The storage of goods and
equipment within setbacks may be considered at the discretion of the Approving
Authority.
e)
As a condition of subdivision or development approval, the County may require
guaranteed security to ensure the timely completion of the subdivision and/or
development approval conditions
f)
Permitted and Discretionary Uses are subject to the appropriate provisions and
requirements contained within PART 4 - RULES GOVERNING ALL DISTRICTS.
(i)
For General Regulations refer to Section 9.0.
(ii)
For Specific Use Regulations refer to Section 10.0.
g)
Permitted and Discretionary Uses in this district shall comply with the "Mountain
View County Business, Commercial, and Industrial Design Guidelines" as adopted
by Council.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
127
14.2.
I-HI
Heavy Industrial District
Purpose
The purpose of this district is to accommodate large scale and major industrial uses
that may have large land requirements and/or some nuisance effects, which may
extend beyond the boundaries of the site.
Uses
a)
The following uses shall be permitted or discretionary with or without conditions
provided the application complies with the regulations of this district and this
Bylaw.
EXEMPT
DISCRETIONARY
Agriculture, Extensive - see Other Development
Regulations
Accessory Building and Use
PERMITTED
Abattoir
Accessory Building and Use
Agricultural Processing
Government Services
Agricultural Support Services
Office
Alternative/Renewable Energy Development, Commercial
Protective and Emergency Services
Animal Health Care Services
Shipping Container - see Table 4.2-2
Auctioneering Services, Livestock
Sign, On-Site Commercial
Auctioneering Services, No Livestock
Utility Building
Automotive Equipment and Vehicle Services
Utility Services, Minor Infrastructure
Auto Wreckers
Waste Management Facility, Minor
Berming
Bulk Fuel Depot
Cannabis Production Facility
Cannabis Retail Sales
Cardlock Fuel Dispensing Facility
Communication Tower
Dwelling, Security Suite
Horticultural Use
Horticultural Use, Medicinal
Industrial, Heavy
Industrial, Manufacturing/Processing, General
Industrial, Storage and Warehousing
Mineral and Resource Extraction/Processing
Recreational Vehicle Storage Indoor
Recreational Vehicle Storage Outdoor
Recycling Depot
Service Station
Tree Clearing/Clear Cutting when in ESA Level 1, 2, 3, & 4
Utility Services, Major Infrastructure
Waste Management Facility, Major
Work Camp, Long Term
Work/Lay Down Camp
I-HI
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
128
Site Regulations
b)
The following regulations shall apply to every development in this district.
All of the land contained in the existing titled area, unless otherwise approved by the
Approving Authority
Minimum Parcel Size under Inter-Municipal agreements is 2.02 ha (5.0 ac)
PARCEL SIZE
Minimum Parcel Width: 50.0 m (164.0 ft)
Minimum 30.0 m (98.4 ft) from the property line from any paved or hard surface County
road allowance
Minimum 40.0 m (131.2 ft) from the property line from any gravel County road allowance
FRONT YARD
Minimum 15.0 m (49.2 ft) from an internal subdivision roadway
REAR and SIDE YARD
Minimum 15.0 m (49.2 ft)
FENCES, GATES, SIGNS
On the property line for fences, gates, other means of enclosure, and signs
YARDS SETBACKS FROM
EXISTING & PROPOSED
HIGHWAYS & SERVICE ROADS
As determined by Alberta Transportation
CORNER PARCEL RESTRICTIONS In accordance with Subsection 9.7
YARD SETBACKS FROM
EXISTING RESIDENTIAL
DISTRICTS
Where the yard abuts a residential district, it shall be increased by 50%
SETBACKS (OTHER)
The Approving Authority may require a minimum setback of 457.2 m (1,500 ft) from
the limits of a heavy industrial facility to the outside boundary of the parcel on which
the facility is situated when the parcel is located adjacent to a land use which is
deemed incompatible
PARCEL COVERAGE FOR THE
PRINCIPAL AND ALL
ACCESSORY BUILDINGS
Maximum 60% of the parcel area provided that provision has been made for off-road
parking, loading, storage waste disposal and landscaping to the satisfaction of the
Approving Authority
BUILDING HEIGHT
Maximum height of a building shall be determined by the Approving Authority
Other Development Regulations
c)
Agriculture, extensive shall be exempt on designated land until such time as
development and construction commences according to the primary intent of the
district.
d)
Safety and risk assessment is an integral component of the industrial Development
Permitting process. Where there are potential effects or risks associated with a
proposed development, the Approving Authority may require an applicant to retain a
qualified professional acceptable to the Approving Authority to provide a concept plan
inclusive of a risk assessment report of the proposed development.
e)
The Approving Authority may request an Emergency Response Plan as a condition of
a Development Permit to ensure that emergency services requirements for fire,
rescue and ambulance are met.
f)
The minimum setback requirement for all Permitted and Discretionary Uses may be
increased at the discretion of the Approving Authority. The storage of goods and
equipment within setbacks may be considered at the discretion of the Approving
Authority.
g)
As a condition of subdivision or development approval, the County may require
guaranteed security to ensure the timely completion of the subdivision and/or
development approval conditions.
h)
Permitted and Discretionary Uses are subject to the appropriate provisions and
requirements contained within PART 4 - RULES GOVERNING ALL DISTRICTS.
(i)
For General Regulations refer to Section 9.0.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
129
(ii)
For Specific Use Regulations refer to Section 10.0.
i)
Permitted and Discretionary Uses in this district shall comply with the "Mountain View
County Business, Commercial, and Industrial Design Guidelines" as adopted by
Council.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
130
14.3
AEP
Aggregate Extraction/Processing District
Purpose
To permit the removal, extraction, processing and transmission of raw aggregate
materials for commercial purposes.
Uses
a)
The following uses shall be permitted or discretionary with or without conditions
provided the application complies with the regulations of this district and this
Bylaw.
EXEMPT
DISCRETIONARY
Accessory Building and Use, compliant with Subsection
9.4.
Note: "Exempt" means development that does not
require a Development Permit if it meets all the
provisions of the Bylaw. For additional guidance refer to
Subsection 4.2.
Aggregate Extraction/Processing
Agricultural, Extensive - see Other Development
Regulations
Berming
Communication Towers
Dwelling, Security Suite
Heavy Equipment Training Facility
Mineral and Resource Extraction/Processing
Portable Batch Plant - more than 3 months
Sign, On-Site Commercial
Tree Clearing/Clear Cutting when in ESA Level 1, 2, 3, & 4
Aggregate Extraction/Processing Development (Existing)
is limited to the area zoned Aggregate Extraction District
on the date Bylaw No. 02/17 & No. 17/17 came into
effect on lands described as NE 33-29-1-5; NE 24-29-1-5;
NW 14-31-27-4; NE & SE 1-32-28-4; NE & NW 22-31-1-5;
SE & SW 12-31-2-5; NW & SW 8-29-5-5; Plan 9310661
Block 2 in SE 6-31-4-5; NW 35-31-5-5 & Plan 3524JK
Block A; NE 9-31-3-5; NW 9-31-3-5 & Plan 1141JK; SW 5-
31-4-5; NE 36-32-6-5; SE 36-32-6-5; NW 32-32-5-5 &
Plan 8111378 Block 2 Lot 2 & SW 32-32-5-5 & Plan
8811266 Block 2 Lot 10 & Plan 9711596 Block 2 Lot
11; SE 22-34-4-5; and SW 26-32-5-5. All of the Operating
Regulations shall be met.
Work/Lay Down Camp
PERMITTED
Accessory Building - less than 50 m2 (538 ft2)
Portable Batch Plant - less than 3 months
Site Regulations
b)
The following regulations shall apply to every development in this district.
PARCEL AREA
For all Permitted and Discretionary Uses, the minimum and maximum parcel area
requirements shall be determined by the Approving Authority, and if applicable, in
accordance with an Area Structure Plan and Concept Plan.
FRONT YARD - including
excavation & stockpile areas
Permanent Structures shall adhere to minimum Site Regulations as per the
Agricultural District.
Aggregate Extraction shall meet Alberta Environment's requirements for Code of
Practice for Gravel Pits.
REAR YARD- including excavation
& stockpile areas
Permanent Structures shall adhere to minimum Site Regulations as per the
Agricultural District.
Aggregate Extraction shall meet Alberta Environment's requirements for Code of
Practice for Gravel Pits.
SIDE YARD- including excavation
& stockpile areas
Permanent Structures shall adhere to minimum Site Regulations as per the
Agricultural District.
Aggregate Extraction shall meet Alberta Environment's requirements for Code of
Practice for Gravel Pits.
SETBACK FROM EXISTING
ADJACENT DWELLINGS
165.0 m (541.3 ft) from the dwelling unit. Sound mitigation measures shall be
required.
CORNER PARCEL
In accordance with Subsection 9.7
AEP
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
131
YARDS SETBACKS FROM
EXISTING & PROPOSED
HIGHWAYS & SERVICE ROADS
As determined by Alberta Transportation
CFOs: As determined by the Agricultural Operations Practice Act (AOPA)
OTHER SETBACKS
Pipelines and Oil & Gas Facilities: consistent with current provincial regulations
Security Suite: Maximum 4.0 m (13.0 ft)
BUILDING HEIGHT
For all other Permitted and Discretionary Uses: Limited to such height as is
deemed suitable and appropriate for the intended use
SECURITY SUITE FLOOR AREA
Maximum 55.7 m2 (600.0 ft2) - a variance may be allowed for existing dwellings
SECURITY SUITE DENSITY
One (1) security suite may be allowed.
FENCES, GATES, SIGNS
On the property line for fences, gates, other means of enclosure, and signs
Other Development Regulations
c)
A Comprehensive Site Development Plan (CSDP) shall be prepared for all
applications. Sections 1 through 6 of the CSDP shall be submitted for
Redesignation proposals and sections 1 through 10 of the CSDP shall be
submitted for the Development Permit. Determination of the size of the
disturbance area will be essential with the Redesignation application.
D)
Community Consultation shall be required for all Aggregate Extraction and
Processing Redesignation and Development Permit applications. The
minimum consultation circulation radius from the parcel boundary for
Aggregate Extraction/Processing applications shall be 1.6 kilometres (1.0
mile) and shall be 0.8 kilometres (0.5 mile) from the boundary of the
proposed Haul Route. The Community Consultation shall be completed
prior to submission of an application and confirmation that the community
consultation was completed shall be submitted to the County with
submission of an application. The Community Consultation for the
Redesignation can be used as part of submission of the Development
Permit if the Development Permit application is submitted within one (1)
year from the date of redesignation approval. If the Development Permit
is submitted more than one (1) year after the date of redesignation
approval, a new Community Consultation shall be required.
e)
Aggregate Extraction/Processing shall not be permitted within a 165.0 m
(541.3 ft) radius of an existing dwelling, nor shall a dwelling be permitted
within a 165.0m (541.3 ft) radius of an aggregate resource extraction
operation. This minimum setback requirement shall not be applicable if
an existing dwelling is on the same parcel as a proposed natural extraction
operation. If the adjacent lot does not contain a dwelling, then the radius
will apply to the applicable minimum setback distance for the relevant
district in which the lot is designated.
f)
Buffer zones in the form of fencing, landscaping, or berming shall be
required.
g)
Haul Route Agreements and a security deposit for the roads being affected
by the hauling route shall be required.
h)
The Community Aggregate Levy is applicable.
i)
All trucks leaving the pit shall be free of materials outside of the haul box
of the vehicle.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
132
j)
Heavy Equipment Training Facilities shall not be permitted when timely
reclamation of the pit would be negatively affected.
k)
As a condition of subdivision or development approval, the County may
require guaranteed security to ensure the timely completion of the
subdivision and/or development approval conditions as per Section 5.4.
l)
Permitted and Discretionary Uses shall adhere to PART 4 - RULES
GOVERNING ALL DISTRICTS.
(i) For General Regulations refer to Section 9.0.
(ii)For Specific Use Regulations refer to Section 10.0.
Operating Regulations
effective August 28, 2017
The Operating Regulations apply to Aggregate Extraction/Processing Development
(Existing) listed as an exempt use in this District and is limited to the area zoned
Aggregate Extraction District on the date Bylaw No. 02/17 and No. 17/17 came into
effect on lands described as NE 33-29-1-5; NE 24-29-1-5; NW 14-31-27-4; NE & SE
1-32-28-4; NE & NW 22-31-1-5; SE & SW 12-31-2-5; NW & SW 8-29-5-5; Plan
9310661 Block 2 in SE 6-31-4-5; NW 35-31-5-5 & Plan 3524JK Block A; NE 9-31-3-
5; NW 9-31-3-5 & Plan 1141JK; SW 5-31-4-5; NE 36-32-6-5; SE 36-32-6-5; NW 32-
32-5-5 & Plan 8111378 Block 2 Lot 2 & SW 32-32-5-5 & Plan 8811266 Block 2 Lot
10 & Plan 9711596 Block 2 Lot 11; SE 22-34-4-5; and SW 26-32-5-5. All of the
Operating Regulations shall be met.
A)
The applicant, landowner and/or operator shall observe and practice the
standard code of practice for pits as described within "A Guide to the Code
of Practice for Pits" published by Alberta Environment and Parks.
b)
A Development Permit is required for a portable batch plant to be located
on a property upon which an exempt use is located. Wet scrubber systems
shall not be allowed through the permitting process for portable batch
plants.
c)
Hours of operation for the all gravel pit operations shall be year-round
Monday thru Saturday 7:00 am to 7:00 pm. No operation of the pit shall
occur on Sundays or Statutory holidays. Hours of operation shall be strictly
adhered to.
d)
Should the applicant, landowner and or operator wish to extend the hours
of operation for crushing purposes beyond those set out in c) of the
operating provisions, the operator shall obtain and submit to Mountain
View County written consent from the majority of adjacent landowners
within a half (1/2) mile of the subject property.
e)
Dust control mitigation measures shall be implemented within the
aggregate operation area, including all access routes to Municipal and
Provincial roads.
f)
All trucks leaving the pit shall be free of material outside of the haul box of
the vehicle.
g)
Water Act approval shall be obtained from Alberta Environment and Parks,
if applicable.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
133
h)
All soils (including top soil and sub soil) shall be separated into piles and
seeded to prevent the contents from being blown off site and shall be used
for reclamation purposes within the pit.
i)
Use of engine retarder brakes shall be restricted within the aggregate
operation area including all access routes.
j)
A Haul Route Agreement and a security deposit for the roads being affected
by the hauling route shall be required and shall be submitted to the County
within one (1) year from the date Bylaw No. 02/17 and No. 17/17 came
into effect.
k)
A Roadside Development Permit shall be obtained for development
located within 0.5 miles of a Provincial Highway.
l)
There shall be no burning on site at any time except when burning
vegetation as a result of site preparation within the area zoned Aggregate
Extraction District.
m)
A stop sign shall be placed where the pit's approach enters onto a
municipal road or provincial highway. An identification sign shall be placed
at the entrance of the aggregate pit. The sign must include the following
content:
-
Pit name
-
Legal land description
-
Rural address
-
Contact information
-
Hours of operation
n)
All contractors accessing the site must be made aware of the provisions of
the Operating Regulations in this District with regards to all aggregate
extraction/processing operations.
o)
Reclamation Provisions
(i)
Where an Alberta Environment Registration has been granted for an
existing active gravel pit the applicant, landowners and or operator
shall implement progressive reclamation in conformance with Alberta
Environment and Parks "The Code of Practice for Pits" and/or an
approved gravel pit registration through Alberta Environment and
Parks; or
(ii) Where an existing active gravel pit is considered a Class 1 pit within
Alberta Environment and Parks "The Code of Practice for Pits" and a
Registration has not been obtained the applicant, landowner or
operator shall submit a Registration to Alberta Environment and Parks
within one (1) year from the date Bylaw No. 02/17 and No. 17/17
came into effect; or
(iii) Where an existing active gravel pit is considered a Class 1 or 2 pit
within Alberta Environment and Parks "The Code of Practice for Pits"
a Reclamation Certificate shall be obtained once the pits resources
have been depleted and the pit requires reclamation.
p)
The Community Aggregate Levy shall apply.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
134
q)
Compliance Provisions:
(i)
Within 12 months from the date Bylaw No. 02/17 and No. 17/17
comes into effect and thereafter every five (5) years Administration
shall review compliance with all the Operating Regulations. In addition,
and as part of the Administrative compliance review, the applicant,
landowners and/or operator shall submit to Administration an up to
date activities plan with a site plan containing the following
information:
-
Total pit area;
-
Active pit area;
-
Reclaimed area;
-
Certified area from the Registration with Alberta Environment.
If an existing gravel pit area zoned Aggregate Extraction District on the date Bylaw
No. 02/17 and No. 17/17 came into effect on lands described as NE 33-29-1-5; NE
24-29-1-5; NW 14-31-27-4; NE & SE 1-32-28-4; NE & NW 22-31-1-5; SE & SW 12-
31-2-5; NW & SW 8-29-5-5; Plan 9310661 Block 2 in SE 6-31-4-5; NW 35-31-5-5 &
Plan 3524JK Block A; NE 9-31-3-5; NW 9-31-3-5 & Plan 1141JK; SW 5-31-4-5; NE
36-32-6-5; SE 36-32-6-5; NW 32-32-5-5 & Plan 8111378 Block 2 Lot 2 & SW 32-
32-5-5 & Plan 8811266 Block 2 Lot 10 & Plan 9711596 Block 2 Lot 11; SE 22-
34-4-5; and SW 26-32-5-5 does not comply with all the Operating Regulations listed
in this District, the aggregate pit shall not be considered an exempt use and
therefore shall require a Development Permit.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
135
P-PC
Section 15 PARKS AND RECREATION DISTRICTS
15.1.
P-PC
Parks and Conservation District
Purpose
To preserve Environmentally Sensitive and Significant Areas and lands that have
significant natural capability for conservation, passive recreation and education.
Uses
a)
The following uses shall be permitted or discretionary with or without
conditions provided the application complies with the regulations of this
district and this Bylaw.
PERMITTED
DISCRETIONARY
Recreation, Passive
Accessory Building and Use
Berming
Natural Science Exhibits
Park
Recreation Services, Outdoor Participant
Tree Clearing/Clear Cutting when in ESA Level 1, 2, 3, & 4
Site Regulations
b)
The following regulations shall apply to every development in this district.
DENSITY REQUIREMENTS
For all Permitted and Discretionary Uses: the parcel density requirements shall be
determined by the Approving Authority
PARCEL SIZE
For all Permitted and Discretionary Uses: the minimum and maximum parcel area
requirements shall be determined by the Approving Authority
Minimum 30.0 m (98.4 ft) from the property line from any paved or hard surface
County road allowance
Minimum 40.0 m (131.2 ft) from the property line from any gravel County road
allowance
FRONT YARD
Minimum 12.0 m (39.4 ft) from an internal subdivision roadway
REAR YARD
Minimum 12.0 m (39.4 ft)
SIDE YARD
Minimum 6.0 m (19.7 ft)
FENCES, GATES, SIGNS
On the property line for fences, gates, other means of enclosure, and signs
CORNER PARCEL
RESTRICTIONS
In accordance with Subsection 9.7
YARD SETBACKS FROM
EXISTING RESIDENTIAL
DISTRICTS
Where the yard abuts a residential district, it shall be increased by 50%
YARDS SETBACKS FROM
EXISTING & PROPOSED
HIGHWAYS & SERVICE ROADS
As determined by Alberta Transportation
BUILDING HEIGHT
Maximum height of a building shall be determined by the Approving Authority
PARCEL COVERAGE FOR THE
PRINCIPAL AND ALL
ACCESSORY BUILDINGS
Maximum parcel coverage shall be determined by the Approving Authority
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
136
Other Development Regulations
c)
As a condition of subdivision or development approval, the County may require
guaranteed security to ensure the timely completion of the subdivision and/or
development approval conditions.
d)
Permitted and Discretionary Uses are subject to the appropriate provisions and
requirements contained within PART 4 - RULES GOVERNING ALL DISTRICTS.
(i)
For General Regulations refer to Section 9.0.
e)
Permitted and Discretionary Uses in this district shall comply with the "Mountain
View County Business, Commercial, and Industrial Design Guidelines" as adopted
by Council.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
137
15.2.
P-PR
Parks and Recreation District
Purpose
To accommodate a wide range of public/private parks and recreation activities, primarily
aimed at passive and active outdoor recreation.
Uses
a)
The following uses shall be permitted or discretionary with or without conditions
provided the application complies with the regulations of this district and this Bylaw.
EXEMPT
DISCRETIONARY
Accessory Building and Use
Amusement and Entertainment Services
Note: "Exempt" means development that does not
require a Development Permit if it meets all the
provisions of the Bylaw. For additional guidance please
refer to Subsection 4.2.
Bed and Breakfast
Accessory Building and Use
Berming
Agriculture, Extensive- see Other Development
Regulations
Cabin
Park
Commercial Retail Services, Minor
Recreation, Passive
Communication Tower
Recreational Vehicle (within an approved Recreational
Resort or Campground one RV per lot)
Cultural Facilities
Recreational Vehicle - Park Model (within an approved
Recreational Resort or Campground one Park Model per
lot)
Dwelling, Caretaker/Manager
Sign, Gateway/Directional
Dwelling, Security Suite
PERMITTED
Eating Establishment, Indoor
Accessory Building and Use
Eating Establishment, Outdoor
Cabin, maximum of 15 units only on
NE 19-29-5-5
Event Centre
Recreation Services, Community
Government Services
Shipping Container (Sea Can) - see
Table 4.2-2
Natural Science Exhibits
Sign, On-Site, Commercial
Recreational Resort
Utility Building
Recreation Services, Indoor Participant
Recreation Services, Outdoor Participant
Recreational Vehicle Storage Outdoor
Riding Arena, Public
Shipping Container (Sea Can) - more than two (2)
Spectator Sports Establishments
Tree Clearing/Clear Cutting when in ESA Level 1, 2, 3, & 4
Tourist Campground
Utility Services, Major
Utility Services, Minor Infrastructure
Site Regulations
b)
The following regulations shall apply to every development in this district.
DENSITY REQUIREMENTS
For all Permitted and Discretionary Uses: the parcel density requirements shall be
determined by the Approving Authority
PARCEL SIZE
For all Permitted and Discretionary Uses: the minimum and maximum parcel area
requirements shall be determined by the Approving Authority
Minimum 30.0 m (98.4 ft) from the property line from any paved or hard surface
County road allowance
Minimum 40.0 m (131.2 ft) from the property line from any gravel County road
allowance
FRONT YARD
Minimum 12.0 m (39.4 ft) from an internal subdivision roadway
P-PR
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
138
REAR YARD
Minimum 12.0 m (39.4 ft)
SIDE YARD
Minimum 6.0 m (19.7 ft)
FENCES, GATES, SIGNS
On the property line for fences, gates, other means of enclosure, and signs
CORNER PARCEL
RESTRICTIONS
In accordance with Subsection 9.7
YARD SETBACKS FROM
EXISTING RESIDENTIAL
DISTRICTS
Where the yard abuts a residential district, it shall be increased by 50%
YARDS SETBACKS FROM
EXISTING & PROPOSED
HIGHWAYS & SERVICE ROADS
As determined by Alberta Transportation
BUILDING HEIGHT
Maximum height of a building shall be determined by the Approving Authority
PARCEL COVERAGE FOR THE
PRINCIPAL AND ALL
ACCESSORY BUILDINGS
Maximum parcel coverage shall be determined by the Approving Authority
Site Regulations - NE 19-29-5-5
c)
For developments locating in NE 19-29-5-5, prior to submission of a Development
Permit application to the County, approval must be obtained from the association
for the proposed development and a letter of approval from the association must
accompany all permit applications.
d)
For developments locating in NE 19-29-5 the following regulations shall apply to
proposed cabin development.
Campground Regulations
e)
The number of recreational vehicle or camping sites within a tourist campground
shall be at the discretion of the Approving Authority in consideration of a concept
plan that may be prepared.
f)
Parking pads within recreational vehicle or camping sites shall be accessible by
means of a driveway at least 3.0 m (9.8 ft) wide where the driveway is for one-
way traffic, or at least 6.0 m (19.7 ft) where the driveway is for two-way traffic,
and so constructed that automobiles and trailers will not become mired.
g)
Recreational vehicle sites shall have an open and graded parking surface
sufficient to permit a separation distance of 4.5m (14.8 ft) between sides and
3.0m (9.8 ft) between ends of adjacent recreational vehicles.
h)
The following development regulations shall apply to the development of tourist
campgrounds in this district:
CABIN
BUILDING AREA
Maximum area 92.9 m2 (1,000 ft2)
ANCILLARY BUILDING
Maximum area 18.58 m2 (200 ft2)
FRONT YARD, SITING OF THE UNITS
Minimum 5.0 m (16.4 ft)
REAR YARD, SITING OF THE UNITS
Minimum 4.0 m (13.1 ft)
SIDE YARD, SITING OF THE UNITS
Minimum 2.0 m (6.6 ft)
BUILDING HEIGHT
Maximum two stories or 8.0 m (26.3 ft)
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
139
RECREATIONAL VEHICLE AND RV PARK MODEL SITES
UNIT AREA
Each individual recreational vehicle site shall be a minimum area of 176.5 m2 (1,900 ft2);
the RV park model site shall be a minimum 235.0 m2 (2,530 ft2)
FRONT YARD
Minimum 3.5 m (11.5 ft)
REAR YARD
Minimum 1.5 m (5.0 ft)
SIDE YARD
Minimum 1.5 m (5.0 ft)
i)
For additional regulations on campground development refer to Section 10.18.
Illustration 18.2-1 - Campground Typical RV Site Back-In Detail
Note: The above illustration is for clarification and convenience only and
does not form part of this Bylaw. All provisions of this Bylaw must be
referenced.
Illustration 18.2-2 - Campground Typical RV Site Pull Through Detail
Note: The above illustration is for clarification and convenience only and does
not form part of this Bylaw. All provisions of this Bylaw must be referenced.
Safety
j)
The operation of campgrounds shall be conducted in a fashion which protects public
health and safety, minimizes fire hazards, does not create a nuisance to adjacent
areas and will not contaminate ground or surface water off-site.
k)
A fire safety program shall be development in consultation with the local fire
department and, where required, Alberta Environment.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
140
l)
Strict monitoring and mitigation practices shall be adopted to control activities to
minimize risks associated with
(i)
domestic garbage;
(ii)
dust;
(iii)
sewage;
(iv)
risk of fuel, lubricant and hydraulic fluid release;
(v)
airborne emissions from recreational vehicles and automobiles; and
(vi)
noise pollution beyond the normal daily activities associated with the
development.
Other Development Regulations
m)
Agriculture, extensive shall be exempt on designated land until such time as
development and construction commences according to the primary intent of the
district.
n)
The County may enter into agreements with campground developers regarding the
administration minimum setbacks and the sitting of above ground utilities, services
and amenities.
o)
As a condition of subdivision or development approval, the County may require
guaranteed security to ensure the timely completion of the subdivision and/or
development approval conditions
p)
Permitted and Discretionary Uses are subject to the appropriate provisions and
requirements contained within PART 4 - RULES GOVERNING ALL DISTRICTS.
(i)
For General Regulations refer to Section 9.0.
(ii)
For Specific Use Regulations refer to Section 10.0.
q)
Permitted and Discretionary Uses in this district shall comply with the "Mountain View
County Business, Commercial, and Industrial Design Guidelines" as adopted by
Council.
r)
Lands that receive redesignation approved are bound by the Concept Plan presented
with the redesignation at the Development Permit stage; unless a new Concept Plan
is submitted with a Development Permit application to support new and additional
uses.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
141
15.3 P-PCR Parks and Comprehensive Recreation
District
Purpose
The purpose of the Parks and Comprehensive Recreation District is to accommodate an
area that will facilitate an array of recreational condominium developments. A concept
plan for the development of the entire tract of land may be required subject to the type
and intensity of development proposed.
Uses
a)
The following uses shall be permitted or discretionary with or without conditions
provided the application complies with the regulations of this district and this
Bylaw.
EXEMPT
DISCRETIONARY
Accessory Building and Use
Amusement Entertainment Services
Note: "Exempt" means development that does not require
a Development Permit if it meets all the provisions of the
Bylaw. For additional guidance please refer to Subsection
4.2.
Automotive, Equipment and Vehicle Services
Accessory Building and Use
Berming
Agriculture, Extensive - see Other Development Regulations
Cabin
Park
Commercial Retail Services, Minor
Recreation, Passive
Communication Tower
Recreational Vehicle (within an approved Recreation Resort
or Campground one RV per lot)
Cultural Facilities
Recreational Vehicle - Park Model (within an approved
Recreation Resort or Campground one RV per lot)
Day Care Services
PERMITTED
Dwelling, Caretaker/Manager
Accessory Building and Use
Eating Establishment, Indoor
Cabin, only at NE 34-31-5-5 contained within Condominium
Plan 9111945 (Bergen Springs)
Eating Establishment, Outdoor
Recreation Services, Community
Government Services
Sign, On-Site Commercial
Recreation, Resort
Utility Building
Recreation Services, Indoor Participant
Utility Services, Minor Infrastructure
Recreation Services, Outdoor Participant
Recreational Vehicle Storage Outdoor
Riding Arena, Public
Semi-Public Use
Shipping Container (Sea Can) - on Common Property only
Show Home
Spectator Sport Establishments
Tree Clearing/Clear Cutting when in ESA Level 1, 2, 3, & 4
Tourist Campground
Site Regulations
b)
For all Permitted and Discretionary Uses the parcel density requirements shall be
determined by the Approving Authority subject to any concept plan.
c)
For Permitted and Discretionary Uses other than recreational vehicle and cabin
development, the site requirements shall be determined by the Approving Authority.
d)
The siting and location of condominium units shall comply with the following
regulations:
P-PCR
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
142
GENERAL SITE
Minimum 20.0 m (65.6 ft) from the property line from any paved or hard surface
County road allowance
FRONT YARD
Minimum 40.0 m (131.2 ft) from the property line from any gravel County road
allowance
YARD SETBACKS FROM
EXISTING RESIDENTIAL
DISTRICTS
Where the yard abuts a residential district, it shall be increased by 50%
CORNER PARCEL
In accordance with Subsection 9.7.
FENCES, GATES, SIGNS
On the property line for fences, gates, other means of enclosure, and signs
YARDS SETBACKS FROM
EXISTING & PROPOSED
HIGHWAYS & SERVICE ROADS
As determined by Alberta Transportation
DWELLING DENSITY
The base density for all parcels shall be one (1) permanent dwelling unit on the
common property.
DWELLING DENSITY
Where the principal building is a single detached dwelling, an additional dwelling unit
in the form of a secondary suite may be considered in accordance with Subsection
9.11. on the common property
e)
The following development regulations shall apply to the development of
condominium developments in this district:
f)
Each bareland condominium unit shall have an open and graded parking space
sufficient to permit a separation distance of 4.5 m (14.8 ft) between sides and 3.0 m
(9.8 ft) between ends of adjacent recreational vehicles.
g)
Bareland condominium units shall be accessible by means of a driveway at least 3.0
m (9.8 ft) wide where the driveway is for one-way traffic, or at least 6.0 m (19.7 ft)
wide where the driveway is for two-way traffic, and so constructed that automobiles
and trailers will not become mired.
h)
A central garbage disposal area shall be provided for the condominium units.
i)
Condo corporations must submit a redevelopment concept plan and all supportive
studies required by the Approving Authority prior to consideration of development
approval for cabins.
(i)
Notwithstanding the above, for cabin development proposed within NE 34-31-5-5
contained within Condominium Plan 9111945 (Bergen Springs) this requirement
shall be waived.
j)
The following development regulations shall apply to proposal for the creation sites
or condominium units to support cabin development in this district:
RECREATIONAL VEHICLE AND RV PARK MODEL
UNIT AREA
Each individual recreational vehicle site or bareland condominium unit: minimum area
of 235.0 m2 (2,530 ft2)
FRONT YARD
Minimum 3.5 m (11.5 ft)
REAR YARD
Minimum 1.5 m (5.0 ft)
SIDE YARD
Minimum 1.5 m (5.0 ft)
PARK MODEL
The unit shall conform to CSA Z241 standards.
SITE COVERAGE FOR THE
PRINCIPAL AND ALL
ACCESSORY BUILDINGS
Maximum of 60%
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
143
CABIN
PARCEL AREA
Minimum: 325.0 m2 (3,498 ft2)
FRONT YARD
Minimum 5.0 m (16.4 ft)
REAR YARD
Minimum 4.0 m (13.1 ft)
SIDE YARD
Minimum 2.0 m (6.6 ft)
BUILDING HEIGHT
Maximum two stories or 8.0 m (26.3 ft)
BUILDING AREA
Maximum area 92.9 m2 (1,000 ft2)
SITE COVERAGE FOR THE PRINCIPAL
& ALL ACCESSORY BUILDINGS
Maximum of 50%
Open Space
k)
For bareland condominium developments, a minimum of 10% of the gross
condominium unit area shall be set aside for a common space recreation area and
no portion of any condominium unit shall be included in this open space.
Accessory Buildings
l)
No accessory building shall be used as a dwelling unit.
ACCESSORY BUILDINGS
FRONT YARD
Minimum 1.0 m (3.3 ft)
REAR and SIDE YARD
Minimum 1.0 m (3.3 ft)
UTILITY RIGHT-OF-WAYS
Minimum 1.0 m (3.3 ft)
BUILDING HEIGHT
Maximum 4.5 m (14.8 ft)
Environmental Protection
m)
The Approving Authority may refer to Alberta Environment, for its review and
recommendation, any development proposal involving lands with possible significant
recreation, wildlife habitat or scenic value.
Safety
n)
The operation of recreational vehicle parks shall be conducted in a fashion which
protects public health and safety, minimizes fire hazards, does not create a nuisance
to adjacent areas and will not contaminate ground or surface water off-site.
o)
A fire safety program shall be developed in consultation with the local fire department
and, where required, Alberta Environment.
p)
Strict monitoring and mitigation practices shall be adopted to control activities to
minimize risks associated with
(i)
domestic garbage;
(ii)
dust;
(iii)
sewage;
(iv)
risk of fuel, lubricant and hydraulic fluid release;
(v)
airborne emissions from recreational vehicles and automobiles; and
(vi)
noise pollution beyond the normal daily activities associated with the
development.
Campground
q)
For campground development refer to Section 10.18.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
144
Other Development Regulations
r)
Agriculture, extensive shall be exempt on designated land until such time as
development and construction commences according to the primary intent of the
district.
s)
The County may enter into agreements with bareland condominium developers or
condominium associations regarding the administration of internal parcel minimum
setbacks and the sitting of above ground utilities, services and amenities.
t)
As a condition of subdivision or development approval, the County may require
guaranteed security to ensure the timely completion of the subdivision and/or
development approval conditions.
u)
Permitted and Discretionary Uses are subject to the appropriate provisions and
requirements contained within PART 4 - RULES GOVERNING ALL DISTRICTS.
(i)
For General Regulations refer to Section 9.0
(ii) For Specific Use Regulations refer to Section 10.0.
v)
Permitted and Discretionary Uses in this district shall comply with the "Mountain View
County Business, Commercial, and Industrial Design Guidelines" as adopted by
Council.
w)
For bareland condominium development within NW 20-32-5-5 (Coyote Creek), SE 3-
33-5-5 (Tall Timber), and NE 34-31-5-5 (Bergen Springs) applicants shall submit
approval from the Condominium Corporation for the application to be considered a
complete application.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
145
Section 16 PUBLIC SERVICE DISTRICTS
16.1.
S-IEC
Institutional, Educational and Cultural District
Purpose
To accommodate uses and facilities used by the public including but not limited to
education, health, government, religious assemblies and other institutional facilities and
services.
Uses
a)
The following uses shall be permitted or discretionary with or without conditions
provided the application complies with the regulations of this district and this
Bylaw.
EXEMPT
DISCRETIONARY
Accessory Building and Use
Berming
Note: "Exempt" means development that does not require
a Development Permit if it meets all the provisions of the
Bylaw. For additional guidance please refer to Subsection
4.2.
Communication Tower
Agriculture, Extensive - see Other Development
Regulations
Day Care Services
Detention and Correction Services
Dwelling, Security Suite
Group Home, Major
Group Home Limited
Outdoor Event - Olds College on lands described as -NW
33-32-1-5, NE 33-32-1-5, SE 33-32-1-5, SW 33-32-1-5,
NW 28-32-1-5, SW 28-32-1-5, NW 21-32-1-5, NE 21-32-1-
5 & SE 21-32-1-5 does not require a Development Permit
if it meets all the Special Regulations of this District
Heavy Equipment Training Facility - only on SW 33-32-1-5
Sign, Identification
Medical Treatment Services
PERMITTED
Natural Science Exhibits
Accessory Building and Use
Personal and Health Care Services
Cemetery
Recreation Services, Outdoor Participant
Columbarium
Recycling Depot
Crematorium
Sign, On-Site Commercial
Cultural Facilities
Semi-Public Use
Educational Services
Spectator Sports Establishments
Government Services
Tree Clearing/Clear Cutting when in ESA Level 1, 2, 3, & 4
Park
Utility Services, Major Infrastructure
Protective and Emergency Services
Waste Management Facility, Major
Recreation, Passive
Recreation Services, Community
Recreation Services, Indoor Participant
Religious Assembly
Utility Building
Utility Services, Minor Infrastructure
Waste Management Facility, Minor
S-IEC
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
146
Site Regulations
b)
The following regulations shall apply to every development in this district.
PARCEL SIZE
For all Permitted and Discretionary Uses: the minimum and maximum parcel area
requirements shall be determined by the Approving Authority
The minimum parcel width shall be 30.0 m (98.0 ft)
Minimum 30.0 m (98.4 ft) from the property line from any paved or hard surface
County road allowance
Minimum 40.0 m (131.2 ft) from the property line from any gravel County road
allowance
FRONT YARD
Minimum 12.0 m (39.4 ft) from an internal subdivision roadway
REAR YARD
Minimum 12.0 m (39.4 ft)
SIDE YARD
Minimum 6.0 m (19.7 ft)
FENCES, GATES, SIGNS
On the property line for fences, gates, other means of enclosure, and signs
CORNER PARCEL RESTRICTIONS
In accordance with Subsection 9.7
YARD SETBACKS FROM
EXISTING RESIDENTIAL
DISTRICTS
Where the yard abuts a residential district, it shall be increased by 50%
YARDS SETBACKS FROM
EXISTING & PROPOSED
HIGHWAYS & SERVICE ROADS
As determined by Alberta Transportation
BUILDING HEIGHT
Maximum height of a building shall be determined by the Approving Authority
PARCEL COVERAGE FOR THE
PRINCIPAL AND ALL
ACCESSORY BUILDINGS
Maximum parcel coverage shall be determined by the Approving Authority
Other Development Regulations
c)
Agriculture, extensive shall be permitted on designated land until such time as
development and construction commences according to the primary intent of the
district.
d)
As a condition of subdivision or development approval, the County may require
guaranteed security to ensure the timely completion of the subdivision and/or
development approval conditions as per Section 5.4.
e)
Permitted and Discretionary Uses are subject to the appropriate provisions and
requirements contained within PART 4 - RULES GOVERNING ALL DISTRICTS.
(i)
For General Regulations refer to Section 9.0.
(ii)
For Specific Use Regulations refer to Section 10.0.
f)
Permitted and Discretionary Uses in this district shall comply with the "Mountain
View County Business, Commercial, and Industrial Design Guidelines" as adopted
by Council.
Special Regulations for Outdoor Event - Olds College
The special regulations apply to outdoor events located on lands owned by Olds College listed as
an exempt use in this District on lands described as NW 33-32-1-5, NE 33-32-1-5, SE 33-32-1-
5, SW 33-32-1-5, NW 28-32-1-5, SW 28-32-1-5, NW 21-32-1-5, NE 21-32-1-5 & SE 21-32-1-5.
All the Special Regulations shall be met.
a)
Permittees are advised that they are subject to standards of the Safety Codes Act
of Alberta and are responsible to meet the requirements of the Act in regards to
building, electrical, gas, plumbing, and private sewage disposal systems. Prior to
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
147
construction required permits must be obtained from Mountain View County.
Mountain View County shall not be responsible or liable in any manner whatsoever
for any structural failures, defects or deficiencies whether or not the said
development has complied with the Safety Codes Act of Alberta.
b)
That the applicant obtain a Roadside Development Permit or approval from
Alberta Transportation.
c)
No temporary event structure shall be constructed, placed or stored over an
easement or utility right-of-way; the applicant/landowner is responsible for
contacting Alberta-One-Call and/or other governing authority.
d)
The applicant shall submit the following information to the County 30 days prior
to an event;
i.
Legal land location(s) for which the event will take place;
ii.
Full name and addresses of all associated parties with the event;
iii.
The type of event;
iv.
Date(s) and time(s) of the proposed event;
v.
Expected attendance numbers for the event;
vi.
Designated Parking areas, including ingress and egress for vehicular
traffic;
vii.
A letter from Olds College authorizing County personnel, personnel
contacted by the County or Peace Officers to visit the proposed site prior
to the Event and if required during the event to ensure that this or any
other Bylaw, license conditions or other legislation are being complied
with;
viii.
Details of how the disposal of solid waste is to be addressed;
ix.
Details of how water and sanitation facilities will be addressed for the
event;
x.
Contact information for event personnel and or responsible party during
the event; and
xi.
Proof of Insurance.
e)
The applicant shall obtain all public health approvals required for the event.
f)
The applicant shall obtain any required Provincial and Federal Approvals and/or
licenses for the event.
g)
The applicant shall contact the local RCMP prior to commencing an event.
If the outdoor event located on Olds College lands described as NW 33-32-1-5, NE 33-
32-1-5, SE 33-32-1-5, SW 33-32-1-5, NW 28-32-1-5, SW 28-32-1-5, NW 21-32-1-5, NE
21-32-1-5 & SE 21-32-1-5 does not comply with all the Special Regulations listed in this
District, the event shall be considered a discretionary use and therefore shall require a
Development Permit.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
148
16.2.
S-AP
Airport District
Purpose
To accommodate the continued and safe operation of an aerodrome and to allow for
the economic and financial viability for an aerodrome.
Uses
a)
The following uses shall be permitted or discretionary with or without conditions
provided the application complies with the regulations of this district and this
Bylaw.
EXEMPT
DISCRETIONARY
Accessory Building and Use
Agricultural Support Services
Note: "Exempt" means development that does not
require a Development Permit if it meets all the
provisions of the Bylaw. For additional guidance please
refer to Subsection 4.2.
Automotive, Equipment and Vehicle Services
PERMITTED
Berming
Sign, On-Site Commercial
Bulk Fuel Depot
Cannabis Production Facility
Cardlock Fuel Dispensing Facility
Communication Tower
Dwelling, Security Suite
Eating Establishment, Indoor
Eating Establishment, Outdoor
Educational Services
Government Services
Office
Protective and Emergency Services
Semi-Public Use
Service Station
Sign, Third-Party Commercial
Spectator Sports Establishments
Tree Clearing/Clear Cutting when in ESA Level 1, 2, 3, & 4
Utility Building
Utility Services, Minor Infrastructure
Site Regulations
b)
The standards and development criteria listed in an approved aerodrome master
and area structure plans shall apply to every development in this district. Land
uses shall remain in accordance with these plans.
c)
Yard setback requirements may be increased to accommodate existing
easements regarding aircraft wing tip encroachment from aprons or taxiways.
d)
The following regulations shall apply to every development in this district.
DENSITY REQUIREMENTS
For all Permitted and Discretionary Uses: the parcel density requirements shall be
determined by the Subdivision Authority
PARCEL SIZE
Minimum Parcel Width: 17.0 m (55.8 ft)
Minimum Parcel Depth: 30.0 m (98.4 ft)
Minimum 30.0 m (98.4 ft) from the property line from any paved or hard surface
County road allowance
Minimum 40.0 m (131.2 ft) from the property line from any gravel County road
allowance
FRONT YARD
- Groundside
Minimum 4.5 m (14.8 ft) from an internal subdivision roadway
S-AP
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
149
REAR YARD
- Airside
Minimum 7.5 m (24.6 ft)
Minimum 1.5 m (4.9 ft)
SIDE YARD
Zero lot line may be considered if the proposed development meets the Alberta
Safety Codes requirements.
FENCES, GATES, SIGNS
On the property line for fences, gates, other means of enclosure, and signs
CORNER PARCEL RESTRICTIONS
In accordance with Subsection 9.7
YARD SETBACKS FROM EXISTING
RESIDENTIAL DISTRICTS
Where the yard abuts a residential district, it shall be determined by the
Approving Authority
YARDS SETBACKS FROM EXISTING
& PROPOSED HIGHWAYS &
SERVICE ROADS
As determined by Alberta Transportation
BUILDING HEIGHT
Maximum height of a building shall be determined by the Approving Authority in
consultation with Transport Canada.
PARCEL COVERAGE FOR THE
PRINCIPAL & ALL ACCESSORY
BUILDINGS
Developments shall not exceed 55% of the parcel area provided that provision
has been made for off-road parking, loading, storage and waste disposal to the
satisfaction of the Approving Authority
Other Development Regulations
e)
As a condition of subdivision or development approval, the County may require
guaranteed security to ensure the timely completion of the subdivision and/or
development approval conditions.
f)
Permitted and Discretionary Uses are subject to the appropriate provisions and
requirements contained within PART 4 - RULES GOVERNING ALL DISTRICTS.
(i)
For General Regulations refer to Section 9.0.
(ii)
For Specific Use Regulations refer to Section 10.0.
g)
Permitted and Discretionary Uses in this district shall comply with the "Mountain
View County Business, Commercial, and Industrial Design Guidelines" as
adopted by Council.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
150
Section 17 DIRECT CONTROL
17.1.
Establishment of Direct Control Districts
General Purpose
a)
To enable and permit Council to regulate and control the use, development and
subdivision of land or buildings in any such manner as Council may consider necessary,
in an area designated as a direct control district on Section 18, Land Use District Maps
of this Bylaw.
Application
b)
Council shall consider the application and designation of Direct Control Districts to
those specific sites or areas of the County where
(i)
development regulation and control by means of the other land use districts
provided for in this Bylaw may be inappropriate or inadequate, having
regard to existing or future developments and to the interests of the
applicant, the County and the public generally; or
(ii)
an approved statutory plan for the area could be more effectively
implemented through the application of a direct control district; or
(iii)
a proposed development is of a unique form or nature not contemplated or
reasonably regulated by another land use district provided for in this Bylaw.
c)
In addition to the information required by this Bylaw for an amendment application, the
applicant shall also provide the following information:
(i)
support rationale explaining why the district is desirable for the site, having
regard for the conditions of application set out in Subsection 17.1
(ii)
a list of uses proposed for the site;
(iii)
a narrative documenting the opinions and concerns of surrounding
landowners and residents obtained through a public information program,
and how the proposed development responds to those concerns, together
with a summary of the methods used to obtain such input;
(iv)
plans and elevations that would help to substantiate the need for the
district; and
(v)
any other information as may be required by Council.
d)
Notwithstanding Subsection 17.1. Council may consider an application for this district,
if in the opinion of Council, the application is of such a nature as to enable a decision
to be made without the required information.
Uses and Requirements
e)
The determination of appropriate uses and applicable development requirements
within an area designated as a direct control district shall be as established and
prescribed by Council through the applicable direct control district regulation adopted
by Bylaw of Council for that area.
f)
A Development Permit shall be required prior to the commencement of any
development within the district excluding those developments exempted elsewhere
within this Bylaw.
g)
Council is the Approving Authority to receive, consider and decide on Development
Permits under Direct Control Districts.
h)
As a condition of subdivision or development approval, the County may require
guaranteed security to ensure the timely completion of the subdivision and/or
development approval conditions.
Administration
i)
Direct control districts shall be administered as provided for in all Parts of this Bylaw,
except where stated otherwise.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
151
17.2.
Ralnor Direct Control District Regulations - NE & NW 24-29-6-5
(DC Area 1)
Purpose
The purpose of these regulations is to generally allow for the establishment
of recreational, residential and agricultural land uses within the subject property.
Application
These regulations shall apply to the NE & NW 24-29-6-5.
Definitions - For the Purpose of this Section:
COMMERCIAL - BUSINESS means the use of land or buildings for business activities
of a commercial nature such as barber and hair styling shops, drugstore, retail
stores and similar commercial business uses.
Uses
PERMITTED
DISCRETIONARY
Agricultural, Extensive
Accessory Building and Use
Bars and Neighbourhood Pubs
Commercial - Business (Accessory to the
Recreational/ Residential Development)
Dwelling, Single Detached (5)
Dwelling, Row Housing
Eating Establishment, Indoor
Guest House
Parks
Security Suite
Recreation Services, Outdoor Participant
Riding Arena, Private
Site Regulations
PARCEL AREA
To be determined at the time of redesignation
Single Detached Dwelling 92.9 m2 (1,000ft2)
Security Suite: 32.5 m2 (350 ft2)
Dwelling, Row Housing: 92.9 m2 (1,000ft2)
MINIMUM FLOOR AREA
All other development: as determined by the Approving Authority
Minimum 30.0 m (98.4 ft) from the property line from any paved or hard surface
County road allowance;
Minimum 40.0 m (131.2 ft) from the property line from any gravel County road
allowance; or
Minimum 3.5 m (11.5 ft) from an internal subdivision roadway
Minimum 76.2 m (250 ft) from the centre line of any County road allowance for all
development or as may otherwise be required by the Approving Authority
FRONT YARD
Property line for signs, fences, gates and other means of enclosure
Minimum 15.0 m (49.2 ft) from the property lines for all developments
SIDE YARD
Property line for signs, fences, gates and other means of enclosure
Minimum 15.0 m (49.2 ft) from the property lines for all developments
REAR YARD
Property line for signs, fences, gates and other means of enclosure
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
152
BARELAND CONDOMINIUM SUBDIVISION
Single Detached Dwelling: 0.4 ha (1.0 ac) - One per condominium unit
PARCEL AREA
Dwelling Unit, Row Housing: The Approving Authority may consider common party
walls and zero lot lines
FRONT YARD
Minimum (measured from property line): 15.0 m (49.2 ft)
SIDE YARD
Minimum 6.0 m (19.7 ft)
REAR YARD
Minimum 6.0 m (19.7 ft)
Other Regulations
a)
Condominium Subdivision / Development
(i)
Minimum development standards established by the County with
respect to conventional forms of subdivision and development shall
also apply to bareland condominiums, particularly with respect to
water, sewer and roadway development.
(ii)
Only one (1) accessory building shall be permitted on a bareland
condominium unit and shall not exceed a maximum floor area of
26.76 m2 (288 ft2).
(iii)
The Condominium Bylaws shall be approved by Council.
b)
Density
(i)
The following development may be permitted where it is consistent
with all provisions of these regulations:
(1)
55 residential lots;
(2)
36 suites;
(3)
77 row housing units; and
(4)
other uses listed above.
(ii)
The Approving Authority may vary the mix of residential dwelling
types by 10%, with a maximum number of residential units not to
exceed 168.
c)
Development Agreement
(i)
The Approving Authority shall require the applicant enter into a
development agreement as a condition of approval.
d)
Development Constraints
(i)
The Approving Authority may require a geotechnical report, prepared by
a qualified individual, where subdivision and/or development is proposed
adjacent to steep slopes. The Approving Authority will require any
subdivision or development to be setback from the edge of any steep
slopes.
(ii)
At the discretion of the Approving Authority, applications for subdivision
and development may require the preparation of a surface run-off
management plan.
(iii)
All subdivision and development shall have regard for the environmental
features of the impacted lands and shall address suitable means of
mitigation or enhancement as may be appropriate. At the request of the
Approving Authority, additional studies may be required to address
mitigation measures and any other issues that the Approving Authority may
identify.
e)
Domestic Animals
(i)
All domestic animals will be subject to the County Bylaws.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
153
f)
Golf Course Development
(i)
In regards to golf course development, the Development Authority may
require, as a condition of approval, the following: herbicide/pesticide
management plan, drainage plan, and water management plan.
g)
Landscaping
(i)
The Approving Authority may require that a parcel or development area
be suitably landscaped, fenced or screened.
(ii)
The control of weeds shall be subject to County Bylaws.
h)
Livestock
(i)
Livestock shall not be permitted within those portions of the property
developed for residential purposes.
i)
Oil and Gas
(i)
All subdivision and development shall meet the minimum setback
requirements as established by the current provincial regulations in
regards to sour gas pipelines and facilities.
j)
Parking
(i)
The provision of on-site parking shall be at the discretion of the Approving
Authority.
(ii)
One (1) holiday trailer may be parked and used for camping on a parcel.
Recreational vehicle parking will only be permitted for five (5) days.
k)
Setback Regulations for Row Housing Development
(i)
The Approving Authority may approve common party walls and zero parcel
lines.
l)
Water and Sewage
(i)
Potable water shall be provided through a common water system or
individual water wells. Pursuant to the requirements of the Water Act, a
water report prepared by a qualified professional shall be submitted as
part of any applications for subdivision.
(ii)
Water license(s) as where required by Alberta Environmental and
Protection shall be obtained for all development within the subject
property.
(iii)
Sanitary sewage collection and disposal shall be provided by a
communal system and is subject to all legislation, regulations, and
guidelines of Alberta Labour, Alberta Provincial Board of Health and Alberta
Environmental Protection.
m)
Fire Protection
(i)
An on-site fire protection plan, acceptable to the County, shall be
prepared by the developer.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
154
17.3.
May City Hutterite Colony Direct Control Regulations - SW 10-33-
27-4 (DC Area 2)
Purpose
The purpose of this district is to provide for a range of residential, agricultural and
other uses normally associated with a Hutterite Colony, and to provide for a potential
industrial manufacturing use under specified terms and restriction.
Application
These regulations apply to the lands described as the west (+/-) 17.8 ha (44.0 ac) of the
SW 10-33-27-4.
Definitions - For the purposes of this section
FARM SUBSIDIARY OCCUPATION means an occupation or business carried out on the farm
by the operator or thereof as a use secondary and subordinate to the primary agricultural
use of land.
DWELLING, MULTIPLE UNITS means a residential building which is designed to contain
two (2) or more dwelling units, each unit separated by a fire separation, and having a
separate and direct entrance from grade.
Developments not requiring Development Permit
For the purposes of this Direct Control District, the following uses shall not require a
Development Permit, subject to compliance with the applicable regulations:
a)
haystacks and bale stacks;
b)
landscaping and screening in accordance with the "Mountain View County Business,
Commercial, and Industrial Design Guidelines";
c)
signs and advertisings in accordance with the "Mountain View County Business,
Commercial, and Industrial Design Guidelines"; and
d)
recreational vehicles and/or holiday trailers:
(i)
Three (3) holiday trailers or recreational vehicles may be parked and used
for camping on a parcel and shall not require a Development Permit
(ii)
Six (6) recreational vehicles or holiday trailers may be stored or
compounded, but not used for camping on the parcel and shall not require
a Development Permit.
Uses
PERMITTED
DISCRETIONARY
Accessory Building and Use
Agricultural Processing
Dwelling, Multiple Units
Agricultural Support Services
Educational Services, providing services only to
residents of the Hutterite Colony
Dugouts (setback relaxation)
Religious Assembly
Dwelling, Single Detached
Farm Subsidiary Occupation
Horticultural Uses
Industrial, Manufacturing/Processing
Kennels
Recreational Vehicle Storage Outdoor
Security Suite
Sign, On-Site Commercial
Utility Building
Utility Services, Major Infrastructure
Utility Services, Minor Infrastructure
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
155
Site Regulations
Minimum 40.0 m (131.2 ft) from the property line from any paved or hard surface
County road allowance
Minimum 60.0 m (196.9 ft) from the property line from any gravel County road
allowance
Minimum 20.0 m (67.0 ft) from an internal subdivision roadway for the
following developments:
Accessory Buildings (Portable)
Haystacks and Bale Stacks
Holiday Trailers and/or Recreational Vehicles
Landscaping
Solid Board Fencing
FRONT YARD
Minimum setback for signs, advertisements, fences and other means of enclosures
shall be the property line
CORNER PARCEL
In accordance with Subsection 9.7
Minimum 15.0 m (49.2 ft) from the property line
SIDE AND REAR YARD
Minimum setback for signs, advertisements, fences and other means of
enclosures shall be the property line
YARD SETBACKS FROM
EXISTING & PROPOSED
HIGHWAYS & SERVICE ROADS
As determined by Alberta Transportation
For Pipelines and Oil and Gas Facilities, a minimum setback of 100.0 m (328 ft) or
consistent with the current provincial regulations, whichever is greater
OTHER SETBACKS
Minimum 300.0 m (984.3 ft) from Sewage Lagoons and Treatment Plants
BUILDING HEIGHT
The height of buildings may be limited to such height as is deemed suitable and
appropriate for the intended use
The maximum number of multiple-unit dwellings shall be four (4)
The maximum number of dwelling units in a multiple-unit building shall be eight (8)
DWELLING DENSITY
Dwelling, Single Detached or other types of dwellings may be permitted on a
temporary or permanent basis, and with or without conditions, at the discretion of
the Approving Authority
Subdivision Regulations
e)
The (+/-) 17.8 ha (44.0 ac) redesignated from Agricultural District to Direct
Control District shall not be subdivided from the parcel SW 10-33-27-4.
f)
This Direct Control District specifically describes land use regulations to
support the occupation and use of the land by the May City Hutterite Colony.
g)
The Direct Control District terms and conditions are not transferable through
the sale of land to any party outside the May City Colony. Transfer of land title
outside the colony ownership will cause the land designation to revert back
to A - Agricultural District and the Direct Control regulations will become null and
void.
Industrial Manufacturing Processing
h)
Industrial manufacturing processing shall be confined to a single building
appropriate for the use.
i)
No more than one (1) industrial manufacturing processing operation will be
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
156
allowed in this District.
j)
The floor area occupied by the industrial manufacturing processing
operation's production facilities shall not exceed 1,858 m2 (20,000 ft2).
k)
Employees of the industrial manufacturing processing operations shall be
restricted to resident members of the May City Hutterite Colony, or non-
resident members of the May City Hutterite Colony.
l)
A building housing an industrial manufacturing processing operation may be
larger than 1,858 m2 (20,000 ft2), provided that uses other than industrial
manufacturing processing comply with rules of this District.
m)
Outside storage of materials and equipment related to an industrial
manufacturing processing operation shall be screened to the satisfaction of the
Approving Authority.
n)
Utility Service Building
Confined Feeding Operations
o)
Animal husbandry operations as defined in the Agricultural Operations and
Practices Act must receive appropriate NRCB approvals and registrations.
Copies of such approvals shall be submitted to the County.
Assemblies, Concerts and/or Festivals
p)
Assemblies, concerts and/or festivals shall be subject to County Bylaws.
Automobile, Machinery, and Miscellaneous Equipment Storage
q)
No person shall allow a motor vehicle or other machinery which is in a
dilapidated unsightly condition, or discarded, to remain or be parked on any
parcel in the County unless it is suitably housed or screened to the
satisfaction of the Approving Authority, or has been issued a Development
Permit.
r)
The storage of industrial oil and gas exploration and production machinery
and equipment shall require a Development Permit from the County. The
Approving Authority may require appropriate screening of oil and gas
equipment being stored.
Recreational Vehicles and/or Holiday Trailers
s)
Three (3) recreational vehicles and/or holiday trailers may be parked and used
for camping on the parcel and do not require a Development Permit.
t)
Six (6) recreational vehicles and/or holiday trailers may be stored or
compounded, but not used for camping on the parcel and do not require a
Development Permit.
Landscaping and Screening
u)
A landscaped buffer shall be established along the west side of the Colony's
development site, such buffer which may include landscaped berms,
shelterbelts, or other natural features that, in the opinion of the Development
Officer, will be suitable to provide shelter and screening of the site from view.
Such buffer shall be established before or no later than the establishment of
the Colony's first residential dwelling unit.
v)
All outside storage of raw and finished industrial materials shall be screened
from view of neighbouring properties. Such screening shall consist of
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
157
landscaping, fences, or other means deemed suitable by the Development
Officer.
Signs and Advertising
w)
One (1) sign, not exceeding 3.0 m2 (32 ft2), for each 805. 0 m (2640 ft) of
property frontage on a highway or a public road allowance, or (1) one sign, not
exceeding 3.0 m2 (32 ft2) per title, is deemed approved.
x)
Two (2) temporary signs, not exceeding 3.7 m2 (12 ft2), for each 402.0 m
(1320 ft) of property frontage on a highway or a public road allowance for a
maximum period of three (3) months, are deemed approved.
y)
Functional signs needed by public authorities and utility companies to give
information and direction about the services they provide shall not require a
Development Permit.
z)
All signs and advertising within the right of way of a highway shall require
the approval of Alberta Transportation and Utilities.
aa)
All signs and advertising within the right of way of a public road allowance shall
require the approval of the County Patrol Officer.
Road Use
bb)
At the discretion of the Approving Authority, an application for Development
Permit may be referred to Alberta Infrastructure and the County's Operational
Services Division for review and comment.
cc)
The Approving Authority may then require the applicant to enter into a road
use agreement or undertake other measures necessary as conditions of
approval.
Unsafe, Hazardous, or Noxious Developments
dd)
The developments not requiring a Development Permit may be considered to
be a Discretionary Use where such use is deemed to be unsafe, hazardous,
noxious, or otherwise inappropriate for the intended location.
Fire Protection
ee)
Fire protection measures are to be provided to the satisfaction of the
Approving Authority, and may be included as a condition in a Development
Permit where deemed necessary by the Approving Authority.
Permits, Other Agencies
ff)
Notwithstanding any other requirements of this Bylaw, the owner shall be
required to obtain all permits and authorizations required to develop and
operate the Colony, including but not limited to such authorizations required
by the Agricultural Operation Practices Act, the Water Act, the Safety Codes
Act, and other applicable legislation and regulations.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
158
17.4.
Direct Control District Regulations - N ¼ 21-32-6-5 (DC Area 3/
Crystal Water Wellness Retreat)
This Direct Control District was deleted in its' entirety with the adoption of Bylaw No.
LU05/23 on June 14, 2023. Lands were rezoned back to Agricultural District.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
159
Bylaw No. 09/11
Direct Control District Regulations
Schedule "A"
17.5
Direct Control District Regulations - SE 28-33-1-5
1.
Purpose
The purpose of this district is to allow outdoor storage of between 150 and 200
recreational vehicles.
2.
Application
These regulations shall apply to the 0.85 ha (2.1 ac) area within SE 28-33-1-
5 shown as Direct Control District on the Land Use District Map.
3.
Definitions - For the Purpose of this Section:
ACCESSORY BUILDING means a separate, stand-alone building or structure, the
use of which is incidental and subordinate to the principal use in the designated
area.
ACCESSORY USE means a use or development customarily incidental and
subordinate to the principal use of land, but in no instance shall be used as a
dwelling, and is located on the same designated area as the principal use.
SECURITY UNIT means a structure or portion of a building used to provide
accommodation for security personnel within the designated area.
4.
Uses
EXEMPT
DISCRETIONARY
Recreational Vehicle Storage Outdoor
Accessory Buildings less than 10.0 m2 (107.6 ft2)
Accessory Building and Use
Agricultural, Extensive
Security Unit
Signs
PERMITTED
5.
Site Regulations
PARCEL AREA
To be determined at the time of redesignation
FRONT YARD
Minimum 72.0 m (236.2 ft) from the property line adjacent to any paved or
hard surface County road allowance;
REAR YARD
Minimum 686.0 m (2250.6 ft)
SIDE YARD
Westerly Minimum 178.0 m (583.9 ft) Easterly Minimum 405m (1328.7 ft)
Pipelines and Oil & Gas Facilities: consistent with the current provincial
regulations code of practice
Sewage Lagoons & Treatment Plant: 300.0 m (984.3 ft)
Solid board fence, a minimum 30.5 m (100.0 ft) from the centre line of any
County road abutting the property
OTHER SETBACKS
Landfill Site & Waste Transfer Station: 300.0 m (984.3 ft) or 450.0 m
(1,476.4 ft)
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
160
6.
Other Regulations
a)
Public consultation
(i)
The applicant shall undertake a community consultation program
with all stakeholders and land owners within 0.8 km (0.5 mile)
radius from the parcel boundary and the designated travel route
prior to a Development Permit application being made to the
County for Recreational Vehicle Storage Outdoor.
b)
Site Suitability
(i)
The site plan for a proposed recreational vehicle storage shall
detail the number of storage sites proposed including dimensions
of the sites, internal circulation requirements, road widths, site
access and egress, emergency access, parking areas, storage
areas, topsoil removal area and location of soils extracted and
detailed reclamation plan.
(ii)
The number of access points to the recreational vehicle storage site
shall be limited to control the entry and departure of vehicles and
to minimize the interference with neighbouring uses and traffic flow.
(iii)
Spill contingency plan should detail procedure to mitigate potential
ground contamination from vehicle fluids.
c)
Landscaping
(i)
A landscaping plan may be required as part of the submission for
a Development Permit, except where the Approving Authority
accepts that no landscaping is necessary.
(ii)
Topsoil shall not be removed from SE 28-33-1-5.
d)
Fire Protection
(i)
An on-site fire protection plan, acceptable to the County, shall be
prepared by the developer at the time of the submission of a
Development Permit Application.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
161
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
162
Bylaw No. 03/12
Direct Control District Regulations
Schedule "A"
17.6
Direct Control District Regulations - NW 10-33-1-5 Plan 9111348
Lot 2
1.
Purpose
The purpose of this district is to allow outdoor storage of heavy duty equipment, vehicles
and pipe or a maximum of 50 recreational vehicles.
2.
Application
These regulations shall apply to the 0.81 ha (2.0 ac) area lot within NW 10-33-1-5 Plan
9111348 Lot 2 as outlined in schedule "B" map.
3.
Definitions - For the Purpose of this Section:
ACCESSORY BUILDING means a separate, stand-alone building or structure, the use
of which is incidental and subordinate to the principal use in the designated area.
ACCESSORY USE means a use or development customarily incidental and subordinate
to the principal use of land, but in no instance shall be used as a dwelling and is located
on the same designated area as the principal use.
INDUSTRIAL, STORAGE means a development used for outdoor storage and
warehousing. Typical facilities would include pipe yards, vehicle or heavy equipment,
storage/warehousing. No additional processing would occur on site.
RECREATIONAL VEHICLE STORAGE OUTDOOR means a development used for the outdoor
storage of tent trailers, travel trailers, motor homes or similar recreational vehicles in the
open air where such storage of goods and materials does not involve the erection of
permanent structures for storage.
SECURITY UNIT means a structure or portion of a building used to provide
accommodation for security personnel within the designated area.
4.
Uses
EXEMPT
DISCRETIONARY
Accessory Building and Use
Note: "Exempt" means development that does not
require a Development Permit if it meets all the
provisions of the Bylaw. For a additional guidance
please refer to Subsection 4.2
Industrial Storage
Accessory Building and Use
Recreational Vehicle Storage Outdoor
PERMITTED
Security Unit
Signs
5.
Site Regulations
PARCEL AREA
To be determined at the time of redesignation
SETBACK - CORNER SITE
Shall be in compliance with Subsection 9.7 Corner Parcel Restrictions
Pipelines and Oil & Gas Facilities: consistent with the current provincial and/or
federal regulations code of practice
Sewage Lagoons & Treatment Plant: 300.0 m (984.3 ft)
OTHER SETBACKS
Landfill Site & Waste Transfer Station: 300.0 m (984.3 ft) or 450.0 m (1,476.3
ft)
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
163
6.
Other Regulations
a)
Site Requirements
(i)
The site plan for the recreational vehicle storage shall detail the
number of storage sites proposed including dimensions of the
sites, internal circulation requirements, internal road widths, site
access and egress, emergency access, parking areas, storage
areas, topsoil removal area and location of soils extracted and
detailed reclamation plan.
(ii)
Any new access points will be at the discretion of the
Development Approving Authority with a permit application.
(iii)
Development Permit applications shall include a spill contingency
plan that should detail a procedure to mitigate potential ground
contamination from vehicle fluids.
b)
Landscaping
(i)
A landscaping plan shall be required as part of the submission for
a Development Permit, except where the Approving Authority
accepts that no landscaping is necessary. This plan shall include
the provisions for a healthy vegetative buffer along the western
boundary of the district.
(ii) Topsoil shall not be removed from NW 10-33-1-5 Plan 9111348 Lot
2.
c)
Fire Protection
(i)
An on-site fire protection plan, acceptable to the County, shall be
prepared by the developer at the time of the submission of a
Development Permit Application.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
164
Schedule B
Bylaw No. 03/12
192
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
165
Bylaw No. 04/12
Direct Control District Regulations
Schedule "A"
17.7
Direct Control District Regulations - Plan 0714705 Block 1 Lot 1
1.
Purpose
The purpose of this district is to allow single level outdoor storage of shipping
containers on a temporary basis. A high standard of visual quality will be applied
to this development, including landscaping and screening, and consideration is
given for visual impacts to adjacent land uses.
2.
Application
These regulations shall apply to the 2.9 ha (7.17 ac) lot described as Plan
0714705 Lot 1 Block 1 as outlined in Schedule "A" map.
3.
Definitions - For the Purpose of this Section:
CONTAINER HOME means a home or building constructed on a shipping container
base.
SHIPPING CONTAINER means a container, originally used to transport goods.
SIGN means an object or device intended for the purpose of advertising or calling
attention to any person, matter or thing. Sign typology may consist of the
following: gateway, directional, freestanding or portable.
4.
Uses
EXEMPT
DISCRETIONARY
Accessory Building, compliant with Subsection 4.2
Accessory Building
Container Home/ Show Home (no services)
Shipping Container Storage
PERMITTED
Sign
5.
Site Regulations
Minimum 40.0 m (131.2 ft) from the property line adjacent to any paved or hard
surface County road
SET BACK - FRONT YARD
Minimum 60.0 m (196.9 ft) from the property line of any gravel County road
allowance
SETBACK - REAR YARD
Minimum 15.0 m (49.2 ft)
SETBACK - SIDE YARD
Minimum 15.0 m (49.2 ft)
SETBACK - CORNER SITE
Shall be in compliance with Subsection 9.7 Corner Parcel Restrictions
YARDS SETBACKS FROM
EXISTING AND PROPOSED
HIGHWAYS AND SERVICE ROADS
As determined by Alberta Transportation
Pipelines and Oil & Gas Facilities: consistent with the current provincial and/or
federal regulations code of practice
Sewage Lagoons & Treatment Plant: 300.0 m (984.3 ft)
OTHER SETBACKS
Landfill Site & Waste Transfer Station: 300.0 m (984.3 ft) or 450.0 m (1,476.4 ft)
6.
Other Regulations
a)
Site Requirements
(i)
Any new access points will be at the discretion of the Development
Approving Authority with a permit application.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
166
b)
Landscaping
(i)
A landscaping plan shall be required as part of the submission for a
Development Permit, except where the Approving Authority accepts that
no landscaping is necessary
(ii)
Topsoil shall not be removed from Plan 0714705 Lot 1 Lot 1.
c)
Sign
(i)
Any sign erected shall comply with the "Mountain View County Business,
Commercial, and Industrial Design Guidelines"
(ii)
Any sign erected in proximity of a Provincial Highway requires a permit
from Alberta Transportation.
d)
Development Permits
(i)
Development Permit applications for both permitted and discretionary
uses shall be evaluated in accordance with this Land Use Bylaw.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
167
Schedule B
Bylaw No. 04/12
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
168
Bylaw No. 24/12
Direct Control District Regulations
Schedule "A"
17.8
Fallentimber Rediscovery Centre Direct Control District
Regulations - NE 3-31-5-5
1.
Purpose
The purpose of this district is for the development of the Fallentimber Rediscovery
Centre, to support the delivery of educational and training programs which focuses
on Indigenous culture and natural heritage. The Fallentimber Rediscovery Centre
shall be operated for the exclusive use of the clients of the Ghost River Rediscovery
Centre and shall not be made commercially available to the general public.
2.
Application
These regulations shall apply to the 63.6 ha (157.22 ac) of land located within the
NE 3-31-5-5 shown as Direct Control District as outlined in Schedule "B".
3.
Definitions - for the Purpose of this Section
ACCESSORY BUILDING means a separate, stand-alone building or structure, the use
of which is incidental and subordinate to the principal use in the designated area.
Accessory buildings shall not include cultural education buildings or cultural
accommodation buildings. Accessory buildings may include but are not limited to
the following types and related uses: Maintenance Building, Fire Pit Seating
Structure, Challenging Course, Kitchen Shelter, Storage Buildings and Self-
composting Toilets.
ACCESSORY USE means a use or development customarily incidental and
subordinate to the principal use of land, but in no instance shall be used as a
dwelling, and is located on the same designated area as the principal use.
AGRICULTURAL, EXTENSIVE means a system of tillage including the associated
clearing of land for agricultural production purposes, which depends upon large
areas of land for the raising of crops or raising livestock. Extensive agricultural uses
include buildings and other structures incidental to farming as well as farm related
uses.
CARETAKER AND STAFF RESIDENCE means one (1) separate dwelling unit used to
provide accommodation of security personnel or staff involved in the operations and
maintenance of the Fallentimber Rediscovery Centre.
CULTURAL ACCOMMODATION BUILDINGS means a guest house, designed and
constructed to replicate a traditional cultural structure. Cultural accommodation
buildings shall be used for educational purposes and to provide overnight
accommodation for small groups of ten (10) persons or less, and to support the
delivery of cultural and natural heritage education initiatives. Cultural
accommodation buildings shall have limited services and not include cooking or
sanitary facilities and shall include the following building types and related uses:
Nordic Cabins, Prairie Tipis and Yurt.
CULTURAL EDUCATION BUILDING means an accessory building designed and
constructed to replicate traditional Indigenous structures representative of various
Indigenous cultures throughout Canada and abroad. Cultural education buildings
shall be used for educational or ceremonial purposes and shall not be used for any
form of habitation or overnight accommodation. Cultural education buildings types
shall include the following or other similar uses: West Coast Big House, Kekuli or
Earth Lodge, Eastern Iroquois Longhouse, Hogan and a Sweat Lodge.
CULTURAL LODGE AND ADMINISTRATIVE BUILDING means the principal building on
site, designed and used to support the delivery of administrative needs, educational
opportunities, training programs and supportive functions for the Fallentimber
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
169
Rediscovery Centre. The building may be used for training and/or overnight
accommodation of small groups of up to twenty (20) persons, and shall include an
office space, training areas, habitable rooms, kitchen/dining area, laundry area and
sanitary facilities.
FARM BUILDING means an accessory building that:
a)
does not contain a residential occupancy,
b)
is located on land used as farm, or is zoned for agricultural use and directly
supports the primary farm operation,
c)
has a low occupant load, and
d)
is not used for occupied by, or expected to be used or occupied by, the public
or persons, other than the farmer or farmers that own the building, their
immediately family, and/or their employees, that may be in the building from
time to time, and the building is used for:
i)
housing livestock,
ii)
storing, sorting, grading or bulk packaging primary agricultural
products, or
iii)
housing, storing or maintaining machinery associated with the
operation of farm on which it is located.
HORTICULTURAL USE means an agricultural operation concerned with intensively
cultivated plants produced on site and are either used for food, for medicinal,
environmental, aesthetic purposes or sold. These uses may include plant nurseries,
greenhouses, market gardens, tree farms, wood lots, sod farms, specialty crops, or
experimental crops. All woodlot operations shall comply and adhere to the Woodlot
Management Guidelines of Alberta.
RECREATION, PASSIVE means opportunities for low-impact, non-motorized activities
that occur in a natural setting with require minimal development or facilities, and
the importance of the environment or setting for the activities is greater than in
developed or active recreation settings.
SIGNS means an object(s) or device(s) intended for the purpose of calling attention
to any person, matter, thing or event.
TREE CLEARING means the cutting down and/or removal of trees and shall be
subject to the following:
a)
When undertaking outside of an Environmentally Significant Area or hazard
lands for agricultural practices does not require a Development Permit;
b)
When proposed within an Environmentally Significant Area or hazard lands
shall require a Development Permit and shall be considered a discretionary
use;
c)
When is associated with development requiring a Development Permit shall be
dealt with under the same Development Permit; and
d)
Notwithstanding the above, minor tree clearing in Environmentally Significant
Areas for the purpose of Fire Smart, forest management practices and minor
maintenance, may be permitted without a Development Permit.
4.
Uses
EXEMPT
DISCRETIONARY
Accessory Buildings less than 10.0 m2 (107.6 ft2)
Accessory Building and Use, compliant with
Subsection 9.4
Agriculture, Extensive
Caretaker and Staff Residence
Farm Building (related to Agriculture, Extensive)
Cultural Accommodation Buildings
Recreation, Passive
Cultural Education Buildings
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
170
EXEMPT
DISCRETIONARY
Tree Clearing
Cultural Lodge and Administrative Building
PERMITTED
Horticultural Use
Signs
Accessory Building and Use, compliant with
Subsection 9.4
5.
Site Regulations
PARCEL AREA
63.62 ha (157.22 ac)
FRONT YARD
Minimum 60 m (196.9 ft) from the property line from any gravel County
road allowance.
SIDE YARD
Minimum 17 m (55.8 ft)
REAR YARD
Minimum 17 m (55.8 ft)
PARCEL DENSITY
The parcel density shall be one (1) 63.62 ha (157.22 ac) parcel.
BUILDING DENSITY
Cultural Accommodation Buildings: maximum eight (8) buildings per
parcel.
Cultural Education Buildings: maximum five (5) buildings per parcel.
Cultural Lodge & Administrative Building: maximum one (1) building per
parcel.
Caretaker and Staff Residence: maximum one (1) building per parcel.
Other Accessory Buildings: maximum seventeen (17) buildings per
parcel.
Cultural Lodge & Administrative Building: maximum 12.2 m (40.0 ft)
Accessory Buildings: maximum 8.0 m (26.0 ft)
BUILDING HEIGHT
For all other Permitted and Discretionary Uses: Limited to such height
as is deemed suitable and appropriate for the intended use.
Cultural Lodge & Administrative Building: maximum 557 m² (6,000 ft²)
BUILDING FLOOR AREA
Accessory Buildings: maximum 93 m² (1,000 ft²)
6.
Other Regulations
a)
Density
i)
The maximum number of persons allowed at one time at the
Fallentimber Rediscovery Centre, including staff and guests, shall not
exceed seventy-five (75) persons per day.
b)
Development Permits
i)
Development Permit applications shall be evaluated in accordance
with the Land Use Bylaw.
ii)
The applicant may be required to submit the following reports and/or
plans in conjunction with a Development Permit Application:
(1)
Site Development Plan - This plan would describe the intended
layout of all buildings and related improvements within the site
as well as supporting utility infrastructure, vehicular access and
internal circulation routes, parking/loading areas, fencing,
signage and landscaping.
(2)
Utility Infrastructure and Servicing Design Brief - This report
shall be prepared by a qualified professional and will illustrate
the type and location of all existing potable water, wastewater
treatment and stormwater management infrastructure within
the site, and an assessment and recommendations of the said
infrastructure
system's
capacity
to
accommodate
the
Fallentimber Rediscovery Centre.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
171
(3)
Fire protection & Emergency Response Plan - The plan will
describe how the operator will respond in the event of a
structure fire or other emergency so as to facilitate the
protection of human life, to minimize loss of property and to
establish protocols for emergency responders.
(4)
Facility Operations and Management Plan - This plan will
describe how the Fallentimber Rediscovery Centre will operate
and will clarify the operator's qualifications, it will establish a
profile of a typical visitor centre, and describe the general
nature of residential, spiritual, academic and vocational training
services to be offered at this location. In addition, the plan will
also clarify how the operator will provide oversight of the
Fallentimber Rediscovery Centre.
(5)
Good Neighbourhood Action Plan - This plan will describe how
the operator will respond to queries and concerns from
surrounding property owners and residents, arising from the
operation of the Fallentimber Rediscovery Centre and related
uses within the site.
iii)
Terms not defined herein have the same meaning as defined in the
Land Use Bylaw.
iv)
Notwithstanding any other requirements of this Bylaw, the developer
shall be required to obtain all permits and authorizations required to
develop and operate the Fallentimber Rediscovery Centre, including
but not limited to such authorizations required by the Water Act, the
Safety Codes Act, and other applicable legislation and regulation.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
172
Schedule B
Bylaw No. 24/12
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
173
Bylaw No. 16/13
Pacific West Transport Ltd. & Terra Metals
Direct Control Regulations
Schedule "A"
17.9
Direct Control District Regulations - SW 18-32-1-5
1.
Purpose
The purpose of this district is to allow for a metal recycling and trucking operation.
2.
Application
These regulations shall apply to the 3.39 acre area within SW 18-32-1-5 and Plan 1511688
Block 1 Lot 1 (amended by Bylaw No. LU 21/18) as outlined on Schedule "B".
3.
Definitions - For the Purpose of this Section:
ACCESSORY BUILDING means a separate, stand-alone building or structure, the use of which
is incidental and subordinate to the principal use in the designated area.
AGRICULTURE, EXTENSIVE means a system of tillage including the associated clearing of
land for agricultural production purposes, which depends upon large areas of land for the
raising of crops or raising of livestock. Extensive agricultural uses include buildings and other
structures incidental to farming as well as farm related uses.
AUTOMOTIVE, EQUIPMENT AND VEHICLE SERVICES means development used for the
rental, lease, sale, storage, service, restoration, inspection and/or mechanical repair of
automobiles, trucks, trailers, motorcycles, snowmobiles, motor homes, tent trailers, boats,
travel trailers or similar light recreational vehicles. Uses and facilities would also include
transmission shops, muffler shops, autobody paint and repair facilities, highway service
stations and fleet services involving vehicles for the delivery of people, goods or services.
This use class does not include bulk fuel depots.
INDUSTRIAL, STORAGE AND WAREHOUSING means development used for either indoor or
outdoor storage, warehousing, distribution or trans-shipment of raw materials, partially
processed or finished goods, manufactured products, or equipment. Typical facilities would
include pipe yards, vehicle or heavy equipment service and storage, lumber yards,
storage/warehousing compounds or distribution centres. Generally, no additional processing
would occur on site.
SIGN, ON-SITE COMMERCIAL means a sign that refers to goods, activities or services
produced, offered for sale or free obtained at the premises or on the parcel on which the sign
is located or displayed. It can be produced in any sign typology as defined in this Subsection
of this Bylaw but does not include a third-party commercial sign.
WASTE MANAGEMENT FACILITY, MAJOR means a site used primarily for the storage,
processing, treatment and disposal of solid and/or liquid wastes, which may have adverse
environmental impact on adjacent sites by virtue of potential emissions and/or appearance.
Typical uses include sanitary landfills, garbage transfer and compacting stations, recycling
facilities (not including recycling depots), incinerators, sewage lagoons, wrecking and scrap
metal yards, and similar uses.
4.
Uses
EXEMPT
DISCRETIONARY
Accessory Building - not more than 2
Accessory Buildings less than 10.0 m2 (108 ft2)
Automotive, Equipment & Vehicle Services
Agricultural, Extensive
Industrial Storage & Warehousing
PERMITTED
Parking Facility
Sign, On-Site Commercial
Waste Management Facility, Major
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
174
5.
Site Regulations
SITE AREA
0.85 ha (2.1 ac)
FRONT YARD
168 m (551.2 ft)
REAR YARD
559 m (1,834.0 ft)
SIDE YARD
Westerly 56 m (183.7 ft), Easterly 64 m 210.0 ft)
Pipelines and Oil & Gas Facilities: consistent with current Provincial
regulations
Sewage Lagoons & Treatment Plant: 300.0 m (984.3 ft)
Solid board fence, a minimum 30.5 m (100.0 ft) from the property line
OTHER SETBACKS
Landfill Site & Waste Transfer Station: 300.0 m (984.3 ft) or 450.0 m
(1,476.4 ft)
6.
Other Regulations
a)
Public consultation
(i)
The applicant may be required to undertake a community consultation program
with all stakeholders and land owners within 0.8 km (0.5 mile) radius from the
parcel boundary and the designated travel route prior to a development permit
application to the satisfaction of the Approving Authority.
b)
Site Suitability
(i)
As a condition of a Development Permit application the Approving Authority shall
require a spill contingency plan that shall detail procedures to mitigate potential
ground contamination.
(ii)
Fencing and screening of the entire Direct Control Area shall be required. Direct
Control uses are not permitted outside of the defined area.
(iii)
As a condition of a development permit the approving authority may require a
road use agreement.
c)
Landscaping
(i)
A landscaping plan may be required as part of the submission for a development
permit, except where the Approving Authority accepts that no landscaping is
necessary. For Landscaping refer to the "Mountain View County Business,
Commercial, and Industrial Design Guidelines" as adopted by Council.
(ii)
Permitted and Discretionary Uses in this district shall comply with the "Mountain
View County Business, Commercial, and Industrial Design Guidelines" as
adopted by Council.
(iii)
Topsoil shall not be removed from SW 18-32-1-5.
d)
Fire Protection
(i)
The Approving Authority may request an Emergency Response Plan as a condition
of a development permit to ensure that emergency services requirements for fire,
rescue and ambulance are met.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
175
Schedule B
Bylaw No. 16/13, amended by Bylaw No. LU 21/18
LU 21/18
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
176
Bylaw No. 03/14
Direct Control District Regulations
Schedule "A"
17.10
DC District Regulations - Part of Plan 9710258, Block 1 within
the SW 17-31-28-4
1.
Purpose
The purpose of this district is to allow outdoor and indoor storage and the minor maintenance
of construction and agricultural equipment, and other related uses.
2.
Application
The following regulations shall apply to a portion of Plan 9710258, Block 1, within the SW 17-
31-28-4, on approximately 2.36 hectares (5.85 acres), as identified on Schedule "B".
3.
Definitions - For the Purpose of this Section:
ACCESSORY BUILDING means a separate, stand-alone building or structure, the use of which
is incidental and subordinate to the principal use in the designated area, but in no instance
shall be used as a permanent or temporary residence. For the purpose of this district
accessory building(s) shall include the following types: tent, mobile structure and skid shack.
AGRICULTURE, EXTENSIVE means a system of tillage including the associated clearing of land
for agricultural production purposes, which depends upon large areas of land for the raising
of crops or raising of livestock. Extensive agricultural uses include buildings and other
structure incidental to farming as well as farm related uses.
INDUSTRIAL, STORAGE AND WAREHOUSING means development used for either indoor or
outdoor storage, warehousing, distribution or trans-shipment of raw materials, partially
processed or finished goods, manufactured products, or equipment. Typical facilities would
include pipe yards, vehicle or heavy equipment service and storage, lumber yards,
storage/warehousing compounds or distribution centres. Generally, no additional processing
would occur on site.
OFFICE means a building or portion of a building used for customer service and administrative
services.
SECURITY SUITE means a dwelling unit or portion of a building used to provide accommodation
for security personnel and shall not contain more than one (1) bedroom and be no larger than
55.7 m² (660 ft²).
SHIPPING CONTAINER means a sea can or container, originally used to transport goods, now
used as an accessory building for storage. Shipping containers cannot be stacked.
SIGN, ON-SITE COMMERCIAL means a sign that refers to goods, activities or services
produces, offered for sale or free obtained at the premises or on the designated area on which
the sign is located or displayed. It can be produced in any sign typology as defined in the
"Mountain View County Business, Commercial, and Industrial Design Guidelines" but does not
include third-party commercial sign.
4.
Uses
EXEMPT
DISCRETIONARY
Accessory Buildings less than 10.0 m² (108 ft²)
Accessory Building compliant with Subsection 9.3
Agriculture, Extensive
Industrial, Storage and Warehousing
Office
PERMITTED
Security Suite
Sign, On-site Commercial
Shipping Container
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
177
5.
Site Regulations
PARCEL AREA
2.36 hectares (5.85 acres).
FRONT YARD
Minimum 50 m (164.0 ft) from the property line from any gravel
County road allowance.
SIDE YARD
Minimum 15 m (49.2 ft).
REAR YARD
Minimum 15 m (49.2 ft).
Pipelines and Oil & Gas Facilities: consistent with the current
Provincial Regulations.
OTHER SETBACKS
Other Setbacks as per the Subdivision and Development Regulations.
Accessory Buildings: maximum five (5) buildings per parcel.
Security Suite: maximum one (1) building per parcel.
BUILDING DENSITY
Shipping Container: maximum of eight (8) per parcel.
Accessory Building: maximum 12.80 m (42 ft).
BUILDING HEIGHT
For all other Permitted and Discretionary Uses: Limited to such height
as is deemed suitable and appropriate for the intended use.
BUILDING FLOOR AREA
Accessory Building: maximum 929.03 m² (10,000 ft²)
6.
Other Regulations
a)
Restrictions
(i)
The maximum number of employees shall not exceed twenty (20).
(ii)
Development in this District shall not create any nuisance impact including
noise, odour, and emission of contaminants, beyond the boundaries of the site
that will have a negative impact on the safety, use, amenity and enjoyment of
adjacent land.
(iii)
Topsoil shall not be removed from Plan 9710258, Block 1, within the SW 17-31-
28-4.
(iv)
All outdoor storage areas (where permitted) shall be located to the rear and
sides of the principal building and shall be screened from view from any public
roadway and from adjacent sites by landscape materials, berms, fences, or a
combination of these features to the satisfaction of the Approving Authority.
b)
Site Suitability
Where there are potential impacts associated with the uses related to this district, the
Approving Authority may require the applicant to retain the services of a qualified
professional to provide reports in conjunction with a Development Permit Application,
to determine whether the proposed development is acceptable. Reports may include
but are not limited to:
(i)
Hazard Assessment and Management Plan: This Plan shall identify all potential
hazards in relation to the proposed development and how they shall be managed.
Hazards include but are not limited to fire, petro chemicals and processing
chemicals. The Plan shall also include an emergency response plan in the event
of an emergency.
(ii)
As a condition of a Development Permit, the Approving Authority will require a
Road Use Agreement.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
178
c)
Landscaping
(i)
A Landscape Plan will be required as part of the submission of a Development
Permit. For Landscaping refer to the "Mountain View County Business,
Commercial, and Industrial Design Guidelines". The Plan shall include the
provisions for a healthy vegetative berm buffer, along the perimeter of this district
(north, west, south and east). The Plan shall provide for the containment and
control of stormwater.
d)
Fire Protection
(i)
A Fire Protection Plan shall be prepared by the developer and submitted to the
local fire department for approval with confirmation provided to the satisfaction
of the Approving Authority.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
179
Schedule "B"
Bylaw No. 03/14
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
180
Bylaw No. LU 19/14
Direct Control Regulations
Schedule "A"
17.11
Direct Control District Regulations - SE 1-33-2-5
1.
Purpose
The purpose of this district is to allow for the storage of commercial vehicles and commercial
equipment.
2.
Application
These regulations shall apply to a 0.28 hectares (0.7 acre) site within SE 1-33-2-5 as outlined
on Schedule "B"
3.
Definitions - For the Purpose of this Section:
ACCESSORY BUILDING means a separate, stand-alone building or structure, the use of which
is incidental and subordinate to the principal use in the designated area.
COMMERCIAL EQUIPMENT means equipment used for commercial purposes and includes
single or tandem axle light tower trailers, mobile restroom trailer, office trailer, wheel loader,
skid steer and flat deck trailer.
COMMERCIAL VEHICLE means a motor vehicle operated on a highway by or on behalf of a
person for the purpose of providing transportation for business purposes but does not include
a private passenger vehicle. Residential vehicles containing signage shall be exempt within
this definition.
SHIPPING CONTAINER means a shipping container, originally used to transport goods, now
used as an accessory building for storage or other uses.
SIGN, ON-SITE COMMERCIAL means a sign that refers to activities or services, offered for sale
or obtained on the parcel on which the sign is located or displayed.
4.
Uses
EXEMPT
PERMITTED
Accessory Building
Accessory Buildings less than 10.0 m2 (108 ft2)
Shipping Container
Commercial Equipment Storage
Commercial Vehicle Storage
Sign, On-Site Commercial
5.
Site Regulations
SITE AREA
0.28 hectares (0.7 acres)
FRONT YARD
Minimum 40.0 m (131.2 ft) from the property line adjacent to any paved or
hard surface County road for Permanent structures.
Minimum 15.0 meters (49.2 feet) for storage.
REAR YARD
All storage to be within the Direct Control area
SIDE YARD
All storage to be within the Direct Control area
OTHER SETBACKS
Pipelines and Oil & Gas Facilities: consistent with the AEUB code of practice
Sewage Lagoons & Treatment Plant: 300.0 m (984.3 ft)
Landfill Site & Waste Transfer Station: 300.0 m (984.3 ft) or 450.0 m
(1,476.4 ft)
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
181
6.
Other Development Regulations
a)
Public consultation
(i)
The applicant may be required to undertake a community consultation program with
all stakeholders and land owners within 0.8 km (.5 mile) radius from the parcel
boundary and the designated travel route prior to a Development Permit application
to the satisfaction of the Approving Authority.
b)
Site Suitability
(i)
As a requirement of a Development Permit application the Approving Authority shall
require a spill contingency plan that shall detail procedures to mitigate potential
ground contamination.
(ii) Fencing and screening of the entire Direct Control Area shall be required. Direct
Control uses are not permitted outside of the defined area.
(iii) As a requirement of a Development Permit the approving authority may require a
road use agreement.
c)
Landscaping
(i)
A landscaping plan may be required as part of the submission for a Development
Permit, except where the Approving Authority accepts that no landscaping is
necessary. For Landscaping refer to the "Mountain View County Business,
Commercial, and Industrial Design Guidelines" as adopted by Council.
(ii)
Topsoil shall not be removed from SE 1-33-2-5.
d)
Fire Protection
(i)
The Approving Authority may request an Emergency Response Plan as a
requirement of a Development Permit to ensure that emergency services
requirements are met.
e)
Development Restrictions
(i)
A maximum of five (5) accessory building less than 10.0 m2 (108 ft2) on site at any
time.
(ii)
A maximum of five (5) shipping containers on site any time.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
182
Schedule "B"
Bylaw No. LU 19/14
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
183
Bylaw No. LU 05/25
Direct Control District Regulations
Schedule "A"
Bylaw No. LU 18/14 amended May 21, 2025
17.12
Direct Control District Regulations - Part of SE 27-29-5-5
1.
Purpose
The purpose of this district is to allow for an indoor and outdoor storage facility. This district
shall allow for the storage of a maximum 250 recreational vehicles.
2.
Application
The following regulations shall apply on a portion of SE 27-29-5-5, on approximately 4.20
hectares (10.37 acres), as identified on Schedules "B" and "C".
3.
Definitions - For the Purpose of this Section:
ACCESSORY BUILDING means a stand-alone building or structure, the use of which is
incidental to and subordinate to the principal building or use on the same parcel.
ACCESSORY USE means a use or development customarily incidental and subordinate to the
principal use of land or building, but in no instance shall be used as a dwelling and is located
on the same parcel as the principal use or building.
OFFICE means a building or portion of a building used for customer service and administrative
services.
RECREATIONAL VEHICLE STORAGE INDOOR means a development used for the indoor storage
of tent trailers, travel trailers, motor homes or similar recreational vehicles where such storage
of goods and materials involves permanent structures for storage.
RECREATIONAL VEHICLE STORAGE OUTDOOR means a development used for the outdoor
storage of tent trailers, travel trailers, motor homes or similar recreational vehicles in the open
air where such storage of goods and materials does not involve the erection of permanent
structures for storage.
SECURITY SUITE means a dwelling unit or portion of a building used to provide accommodation
for security personnel and shall not contain more than one (1) bedroom and be no larger than
55.7 m² (660 ft²).
SELF STORAGE FACILITY means a use where goods are stored in a building and is made up of
separate compartments and each compartment has a separate access. A self-storage facility
may be available to the general public for the storage of personal items and may include the
administrative functions associated with the use.
SIGN, ON-SITE COMMERCIAL means a sign that refers to activities or services provided on site
and located on the parcel on which the services are provided and does not include third-party
signs. All signs must conform to the "Mountain View County Business, Commercial, and
Industrial Design Guidelines".
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
184
4.
Uses
EXEMPT
DISCRETIONARY
Accessory Buildings less than 10.0 m² (108 ft²)
Accessory Building and Use, compliant with
Subsection 9.4
Office
Recreational Vehicle Storage Indoor
PERMITTED
Recreational Vehicle Storage Outdoor
Sign, On-site Commercial
Security Suite
Self-Storage Facility
5.
Site Regulations
PARCEL AREA
4.20 hectares (10.37 acres)
FRONT YARD
Minimum 40 m (131.23 ft) from the property line from any paved or hard
surface County road allowance
SIDE YARD
Minimum 15 m (49.2 ft)
REAR YARD
Minimum 15 m (49.2 ft)
Pipelines and Oil & Gas Facilities: consistent with current Provincial
Regulations
OTHER SETBACKS
Other Setbacks as per the Subdivision and Development Regulations
BUILDING DENSITY
Accessory Buildings: Maximum two (2) buildings per parcel
Office: Maximum one (1) per parcel
Recreational Vehicle Storage Indoor: Maximum one (1) building per parcel
Security Suite: Maximum one (1) suite per parcel
Recreational Vehicle Storage Indoor: Maximum 8.43 m (27.65 ft)
BUILDING HEIGHT
For all other Permitted and Discretionary Uses: Limited to such height as is
deemed suitable and appropriate for the intended use
BUILDING FLOOR AREA
For Permitted and Discretionary Uses: Limited to such floor area as is
deemed suitable and appropriate for the intended use
6.
Other Regulations
a)
Restrictions
i.
Topsoil shall not be removed from any part of SE 27-29-5-5
ii.
All outdoor storage areas shall be located to the rear and sides of the principal
building and shall be screened from view from any public roadway and from
adjacent sites by landscape materials, berms, fences or a combination of these
features to the satisfaction of the Approving Authority.
iii.
Sea cans or shipping containers shall not be allowed on site.
iv.
There is an easement agreement (Instrument No. 151 022 175) that was
established through the parcel to the north to provide access into the storage
facility. At such a time where a new Development Permit Application is submitted,
access to the site will be evaluated. Should an alternative access be required as
part of a future Development Permit Approval, this shall be provided directly from
the established approach from Range Road 52 to the storage facility and the
current access through the easement area shall not be considered the primary
access to the site.
b)
Site Suitability
Where and if there are potential impacts associated with the uses related to this district,
the Approving Authority may require the applicant to retain the services of a qualified
professional to provide reports in conjunction with a Development Permit Application, to
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
185
determine whether the proposed development is acceptable. Reports may include but are
not limited to:
i.
Spill Contingency Plan: This Plan shall identify lines of authority and responsibility,
establishes proper reporting and communication procedures and describes an
action plan to be implemented in the event of a spill. This Plan shall contain all
the information necessary to effectively control and clean up a potential spill.
ii.
Site Development Plan: This Plan shall describe the proposed layout of all
buildings and shall detail the number of storage sites proposed including
dimensions of the sites, circulation requirements, road widths, site access and
egress, emergency access, parking areas, storage areas, topsoil removal area
and location of soils extracted and a detailed reclamation plan. The minimum
dimensions for a parking stall for RV's should be 3.0 m x 6.0 m (9.8 ft x 19.7 ft).
This Plan shall also identify proposed phasing for development.
iii.
Stormwater Management Plan: This Plan shall address current and future
drainage requirements in support of the proposed indoor and outdoor storage
facility, and shall identify and locate major drainage facilities, including major
drainage channel improvements, the location of storm sewer improvements,
open channel routes, retention/detention facilities, and land requirements for
drainage purposes.
iv.
Traffic Impact Assessment: In order to evaluate the traffic impact of the proposed
indoor and outdoor storage facility, a Traffic Impact Assessment may be required,
except where the Approving Authority accepts that no Traffic Impact Assessment
is necessary. This report should identify and define: the study area, the planning
horizon and analysis period, the existing traffic conditions, and the estimated
traffic demand. The report should also identify mitigation measures and provide
overall recommendations for addressing local and regional traffic impacts.
Future Development Permit Applications will be evaluated to determine whether
previously submitted studies and site plans need to be revised based on the scope of
the proposed development.
c)
Landscaping
i.
A Landscaping Plan will be required as part of the submission of a Development
Permit Application. For information on landscaping requirements, refer to Policy
6018: Business, Commercial and Industrial Design Guidelines, adopted by
Council. All landscaping must be in conformance with these guidelines.
ii.
Fencing requirements shall be provided to the satisfaction of the Approving
Authority and shall be located inside the required yard setbacks.
d)
Fire Protection
i.
A Fire Protection Plan shall be prepared by the developer and submitted to the
local Fire Department for approval with confirmation provided to the satisfaction
of the Approving Authority.
e)
Community Consultation
i.
A Community Consultation Plan may be required prior to a Development Permit
Application, except where the Approving Authority accepts that no community
consultation is necessary. The plan shall describe how the developer will respond
to the potential issues or concerns from surrounding property owners and
residents. The circulation radius from the Direct Control District shall be
determined by the Approving Authority, based on the details of the Development
Permit Application.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
186
f)
Security Suite
i.
Prior to the Approving Authority making a decision on a Development Permit
Application for a Security Suite, the proposed development shall be evaluated for
compliance with the regulations within the Matters Related to Subdivision and
Development Regulation due to the proximity of the landfill.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
187
05/25
Schedule B
Bylaw No. LU 05/25
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
188
Schedule "C"
Bylaw No. 05/25
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
189
Bylaw No. LU 27/14
Direct Control District Regulations
Schedule "A"
17.13
Direct Control District Regulations - Plan 9611732 Lot 1
1.
Purpose
The purpose of this district is to allow for the development and use of an off leash dog park within
Area A and Passive Recreation within Area B as outlined on Schedule B attached.
2.
Application
These regulations shall apply to 55.85 acre site within Plan 9611732 Lot 1 as outlined on Schedule
"B"
3.
Definitions -unique to this District, all other definitions can be found within Section 2.5
of the Land Use Bylaw:
CONTROLLED LIVESTOCK GRAZING means controlled seasonal grazing of livestock.
OFF LEASH DOG PARK means a fully fenced and gated open space, designed
specifically for owners to allow their dogs off leash.
LIVESTOCK means cattle, sheep, goats, horses and similar animals.
VICIOUS DOG as per the Mountain View County Dog Control Bylaw.
RESTRICTED DOG as per the Mountain View County Dog Control Bylaw.
4.
Uses
EXEMPT
PERMITTED
Accessory Building and Use, compliant with
Subsection 9.4
Accessory Buildings less than 10.0 m2 (108 ft2)
Off Leash Dog Park
Controlled Livestock Grazing
Sign, On-site Commercial
Passive Recreation
5.
Site Regulations
SITE AREA
55.85 ac (22.6 Ha)
FRONT YARD
Minimum 40 m (131.2 ft) from the property line
REAR YARD
Minimum 12.0 m (39.4 ft)
SIDE YARD
Minimum 6.0 m (19.7 ft)
SETBACKS FROM
EXISTING HIGHWAY
As determined by Alberta Transportation
OTHER SETBACKS
Pipelines and Oil & Gas Facilities: consistent with Provincial Regulations
6.
Other Development Regulations
a)
Fencing
i.
Exclusion fencing of the entire off leash area (Area A) shall be required and extended
to the parking area. Off leash activity is not permitted outside of the designated off
leash area.
ii.
The fence shall be chain link and a minimum of 1.52 m (5.0 ft) above ground.
iii.
The chain link fence shall be erected at the top of the bank as determined by the
fencing plan and be at the surface of the ground to discourage digging under the
fence.
iv.
No fencing will be constructed prior to the issuance of a Development Permit for the
Off Leash Dog Park.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
190
b)
Landscaping
i.
A landscaping plan may be required as part of the submission for a Development
Permit, except where the Approving Authority accepts that no landscaping is
necessary. For Landscaping refer to the "Mountain View County Business,
Commercial, and Industrial Design Guidelines" as adopted by Council.
ii.
Topsoil shall not be removed from Plan 9611732 Lot 1.
iii.
The landscaping plan shall outline the weed management plan for the area.
c)
Manure Management Plan
i.
A manure Management Plan, dealing with dog feces, shall be required as part of the
submission for a Development Permit.
ii.
Disposal bags or other means of removing feces, and refuse cans must be provided
on site.
d)
Signs
i.
A signage plan shall be required as part of the submission for a Development Permit.
For signage refer to the "Mountain View County Business, Commercial, and Industrial
Design Guidelines" as adopted by Council.
ii.
Dog park sign shall include but is not limited to:
(1)
Enforcement contact (Town of Olds)
(2)
Park Rules
(3)
Hours of Operation
(4)
Map outlining designated area
iii.
Rural Address Sign shall be posted.
iv.
Any signage adjacent to the highway must comply with Alberta Transportation
regulations.
e)
Development Restrictions
i.
No Restricted Dogs permitted on site.
ii.
No Vicious Dogs permitted on site.
iii.
Off leash dogs permitted only within Area "A" as outlined on Schedule B attached.
iv.
Alberta Transportation Regulations shall be adhered to at all times.
f)
Controlled Livestock Grazing
i.
Any controlled Livestock Grazing must be by the written approval of the landowner, if
the landowner and operator are not the same.
ii.
A Manure Management Plan, dealing with livestock manure, shall be required as part
of the submission of a Development Permit.
iii.
When Controlled Livestock Grazing is taking place on the site, use as an Off Leash
Park will be temporarily suspended. Signage will be erected on site with details
pertaining to the temporary closure of the park during these times.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
191
Schedule "B"
Bylaw No. LU 27/14
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
192
Bylaw No. LU 43/15
Direct Control District Regulations
Schedule "A"
17.14
Direct Control District Regulations - NW 35-32-6-5
1.
Purpose
The purpose of this district is to allow for the outdoor storage of bulk wood fibre (shavings) and
parking vehicles and trailers related to the business.
2.
Application
These regulations shall apply to a twelve point five (12.5) acre site within NW 35-32-6-5 as outlined
on Schedule "B"
3.
Definitions - For the Purpose of this Section:
INDUSTRIAL, STORAGE AND WAREHOUSING means development used for either indoor or outdoor
storage, warehousing, distribution or trans-shipment of raw materials, partially processed or finished
goods, manufactured products, or equipment. Typical facilities would include pipe yards, vehicle or
heavy equipment service and storage, lumber yards, storage/warehousing compounds or
distribution centres. Generally no additional processing would occur on site.
OUTDOOR STORAGE means a development used for the outdoor storage of materials where such
storage of goods and materials does not involve the erection of permanent structures for storage.
WOOD FIBRE means thin curly wood shavings used for packing or stuffing.
4.
Uses
EXEMPT
DISCRETIONARY
Industrial Storage and Warehousing
Accessory buildings less than 10.0 m2 (108 ft2)
Fencing
PERMITTED
5.
Site Regulations
SITE AREA
12.5 acres (5.06 hectares)
Minimum 30.0 m (98.4 ft.) from the property line from any paved or hard
surface road allowance.
FRONT YARD
Minimum 40.0 m (131.2 ft.) from the property line from any gravel road
allowance.
REAR YARD
Minimum 6.0 m (19.7 ft.) from the zoning line.
SIDE YARD
Minimum 6.0 m (19.7 ft.) from the zoning line.
Setbacks from existing
highway
As determined by Alberta Transportation
6.
Other Development Regulations
a)
Site Requirements
i.
As a requirement of a Development Permit Application the Approving Authority shall
require a spill contingency plan that shall detail procedures to mitigate potential
ground contamination.
ii.
The Direct Control District boundaries shall be permanently delineated (ie: corner
posts at each boundary corner). In the event that the boundary corner delineation
proves to not be sufficient, the Approving Authority has the discretion to require
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
193
perimeter fencing of the entire Direct Control Area. Direct Control uses are not
permitted outside of the defined area.
iii.
Topsoil shall not be removed from part of NW 35-32-6-5.
b)
Fire Protection
i.
An on-site fire protection plan, acceptable to the County, shall be prepared by the
developer at the time of the submission of a Development Permit Application.
c)
Industrial Storage and Warehousing
i.
Industrial storage and warehousing shall be confined to a single area not to exceed
9.8 acres.
ii.
Outside storage is limited to bulk wood fibre and parking of associated vehicles and
trailers.
iii.
Methods to control the blowing of wood fibre (shavings) from the site shall be
undertaken.
d)
Automobile, Machinery, and Miscellaneous Equipment Storage
i.
No person shall allow a motor vehicle or other machinery which is in a dilapidated
unsightly condition, or discarded, to remain or be parked on any parcel in the County
unless it is suitably housed or screened to the satisfaction of the Approving Authority,
or has been issued a Development Permit.
ii.
The storage of industrial oil and gas exploration and production machinery and
equipment shall require a Development Permit from the County. The Approving
Authority may require appropriate screening of oil and gas equipment being stored.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
194
Schedule "B"
Bylaw No. LU 43/15
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
195
Bylaw No. 16/16
Direct Control District Regulations
Schedule "A"
17.15
Direct Control District Regulations -The North 370 ft of the West
585 ft of NW 28-30-27-4
1.
Purpose
The purpose of this district is to allow for fabrication, processing, assembly, maintenance and repair
under specific terms and restrictions, associated with drive-through undercarriage wash systems and
non-motorized agricultural equipment and storage uses. This may provide for office, technical and/or
administrative support uses accessory to the principle use.
2.
Application
These regulations shall apply to a four point nine six (4.96) acre parcel described as The North 370 Feet
of the West 585 Feet of the NW 28-30-27-4 as outlined on Schedule "B".
3.
Definitions - unique to this District, all other definitions can be found within Section 2.5 of the
Land Use Bylaw:
FABRICATION, PROCESSING OR REPAIR FACILITY means the manufacturing or assembly process
including cutting, bending and welding of material to produce drive-through undercarriage wash systems
and non-motorized agricultural equipment of goods, products and/or equipment such as but not limited
to mower blades and harrows. This may provide space for maintenance and repair of non-motorized
agricultural equipment. This may provide for office, technical and/or administrative support areas
accessory to the principal use.
OUTSIDE STORAGE means the storing, stockpiling or accumulating of goods, equipment or material in
an area that is open or exposed to the natural elements related to the on-site operation.
4. Uses
EXEMPT
DISCRETIONARY
Accessory Building
Accessory Building, compliant with Subsection 4.2
Fabrication, Processing or Repair Facility
Shipping Containers (Sea Cans) A maximum of two (2)
units shall be considered an accessory building in this
Direct Control District.
Office
Outside Storage
Security Suite
Sign, On-site Commercial
5. Site Regulations
SITE AREA
All of the land contained in the existing titled area
Minimum 30.0 m (98.4 ft.) from the property line from any paved or hard surface road
FRONT YARD
Minimum 40.0 m (131.2 ft.) from the property line from any gravel surface road
REAR YARD
Minimum 15.0 m (49.2 ft.)
SIDE YARD
Minimum 15.0 m (49.2 ft.)
FENCES, GATES, SIGNS
On the property line for fences, gates, other means of enclosure, and signs
SITE COVERAGE
At the discretion of the Approving Authority.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
196
6. Other Development Regulations
a)
Development Restrictions
i.
The maximum number of employees shall not exceed twenty (20).
ii.
All outdoor storage areas and shipping containers (where permitted) shall be located to the
rear and sides of the principal building and shall be screened from view from any public
roadway and the adjacent sites by landscape materials, berms, fences or a combination of
these features to the satisfaction of the Approving Authority.
iii.
Development in this District shall not create any nuisance impact noise, odour and emission
of contaminants, beyond the boundaries of the site that will have a negative impact on the
safety, use, amenity and enjoyment of adjacent land.
iv.
The area shall be protected from any product contamination as per Alberta Environment
Standards and Guidelines that may be required.
v.
As a condition of a Development Permit, the Approving Authority shall require a spill
contingency plan that shall detail procedures to mitigate potential ground contamination.
vi.
On-site painting shall not be permitted on the subject property.
b)
Sign, On-site Commercial
i.
Any sign erected shall comply with the "Mountain View County Business, Commercial, and
Industrial Design Guidelines".
c)
Fire Protection
i.
The Approving Authority may request an Emergency Response Plan as a condition of a
Development Permit to ensure that emergency services requirements for fire, rescue and
ambulance are met.
d)
Landscaping
i.
A Landscaping Plan will be required as part of the submission of a Development Permit. For
landscaping refer to the "Mountain View County Business, Commercial, and Industrial
Design Guidelines".
e)
Hours and Days of Operation
i.
As a condition of a Development Permit the Approving Authority shall stipulate the allowable
hours and days of operation for the proposed uses(s).
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
197
Schedule "B"
Bylaw No. 16/16
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
198
Bylaw No. LU 61/15
Direct Control District Regulations
Schedule "A"
17.16
Direct Control District Regulations - Part of SE 20-32-28-4
1.
Purpose
The purpose of this district is to allow for the operation of a small cement plant for the construction
of a new Confined Feeding Operation (dairy) within the SW 28-32-28-4 and maintenance of an
existing Confined Feeding Operation within the NE 20-32-28-4 and for Agricultural related facilities
on the following lands S ½ 28-32-28-4; E ½ 20-32-28-4; NE 7-32-28-4; E ½ 21-32-28-4; SE 29-32-
28-4; NE 32-32-28-4; NW 33-32-28-4 and SE 5-33-28-4. Raw materials will be brought to the
designation area. When raw materials have been processed to cement, it will be transported and
limited to the benefit of the S ½ 28-32-28-4; E ½ 20-32-28-4; NE 7-32-28-4; E ½ 21-32-28-4; SE
29-32-28-4; NE 32-32-28-4; NW 33-32-28-4 and SE 5-33-28-4.
2.
Application
These regulations shall apply to a 0.81 hectares (2.0 acres) site within SE 20-32-28-4 as outlined
on Schedule "B"
3.
Definitions - unique to this District, all other definitions can be found within Section 2.5 of
the Land Use Bylaw:
ACCESSORY BUILDING means a separate, stand-alone building or structure, the use of which is
incidental and subordinate to the principal building in the designated area.
CEMENT MIXING OPERATION means an operation that produces cement or cement products used
in building or construction and includes facilities for the administration and management of the
operation, the stockpiling of bulk materials used in the production process or a finished product
mixed on the premises, and the storage of the materials and equipment required to mix cement. It
does not include the retail or wholesale of finished cement.
4.
Uses
EXEMPT
DISCRETIONARY
Accessory Buildings less than 10.0 m² (108 ft²)
Accessory Building and Use, compliant with Subsection 9.4
Cement Mixing Operation
5.
Site Regulations
SITE AREA
0.81 hectares (2.0 acres)
FRONT YARD
Minimum 218.59 metres to the easterly property line, as shown in Site Sketch.
REAR YARD
Minimum 508.83 metres to the westerly property line, as shown in Site Sketch.
SIDE YARD
Minimum 625.67 metres to the northerly property line and Minimum 96.79 metres
to the southerly property line, as shown in Site Sketch.
Pipelines and Oil & Gas Facilities: consistent with current Provincial Regulations.
OTHER SETBACKS
Other Setbacks as per the Subdivision and Development Regulation
BUILDING DENSITY
Accessory Buildings: Maximum two (2) buildings per principal building used for
Mixing Cement.
Cement Bin Storage: Maximum 18.28 m (60.0 ft).
BUILDING HEIGHT
For all other Discretionary Uses: Limited to such height as is deemed suitable and
appropriate for the intended use.
BUILDING FLOOR AREA
For all other Discretionary Uses: Limited to such floor area as is deemed suitable
and appropriate for the intended use.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
199
6.
Other Development Regulations
a)
Restrictions
i.
Topsoil shall not be removed from SE 20-32-28-4.
ii.
All outdoor storage areas shall be located to the rear yardsite and shall be screened from
view from any public roadway and from adjacent sites by landscape materials, berms,
fences or a combination of these features to the satisfaction of the Approving Authority.
iii.
No signs or other means of advertisement will be allowed on site.
iv.
No more than five (5) employees will be allowed in the designated area to operate the
cement plant.
v.
Hours of Operations shall be from 8:00am to 5:00pm, Monday to Saturday, excluding
Sundays and statutory Holidays.
b)
Site Suitability
Where and if there are potential impacts associated with the uses related to this District, the
Approving Authority may require the applicant to retain the services of a qualified professional
to provide reports in conjunction with a Development Permit Application, to determine whether
the proposed development is acceptable. Reports may include but are not limited to:
i.
Spill Contingency Plan: This Plan shall identify lines of authority and responsibility,
establishes proper reporting and communication procedures and describes an action
plan to be implemented in the event of a spill. This Plan shall contain all the information
necessary to effectively control and clean up a potential spill.
ii.
Site Development Plan: This Plan shall describe the proposed layout of all buildings and
shall detail the number and sites of storage areas. The Plan shall also include dimensions
of the sites, circulation requirements, road widths, site access and egresses, emergency
access, parking areas, storage areas, topsoil removal area and location of soil extracted
and detailed reclamation plan.
iii.
Stormwater Management Plan: This Plan shall address current and future drainage
requirements in support of the proposed cement plant and shall identify and locate major
drainage facilities, including major drainage channel routes, retention/detention facilities,
and land requirements for drainage purposes.
iv.
Traffic Impact Assessment: In order to evaluate the traffic impact generated by the
proposed Direct Control District, a Traffic Impact Assessment may be required, except
where the Approving Authority accepts that no Traffic Impact Assessment is necessary.
This report should identify and define: the study area, the planning horizon and analysis
period, the existing traffic conditions and the estimated traffic demand. The report should
also identify mitigation measures and provide overall recommendations for addressing
local and regional traffic impacts.
c)
Fencing
i.
Fencing of the entire Direct Control District area shall be required. Direct Control uses are
not permitted outside of the defined area.
d)
Fire Protection
i.
A Fire Protection Plan shall be prepared by the developer and submitted to the local fire
department for approval with confirmation provided to the satisfaction of the Approving
Authority.
e)
Road Use Agreement
i.
As a condition of a Development Permit, the Approving Authority shall require a Road Use
Agreement.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
200
Schedule "B"
Bylaw No. LU 61/15
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
201
Bylaw No. 18/19
Direct Control District Regulations
Schedule "A"
17.17
Direct Control District Regulations - Federally and/or Provincially
Licensed Cannabis Production Facility - Southeast Portion of Plan 1210814
Block 1 Lot 2 and Southwest Portion of NE 20-30-4-5
1.
Purpose
Particular and site-specific regulation of an existing ±55,000 ft² Federally and/or Provincially
licensed Cannabis Production Facility and its expansion, including expansion of the existing
processing and office building, a warehouse storage building, enhanced water, surface water,
wastewater and stormwater management facilities, emergency response capabilities, road
access and private driveway, parking and on-site servicing, and accessory buildings and uses.
For clarity, the existing ±55,000 ft² main building, associated amenities, structures and
services, and their use as of the date of adoption of Land Use Bylaw No. 16/18 remain a lawful
non-conforming building/use.
2.
Application
These regulations shall apply to a Southeast portion of Plan 1210814 Block 1 Lot 2 and the
Southwest portion of the NE 20-30-4-5, as shown in Schedules "B", "C" and "D" Attached.
3.
Definitions - unique to this District, all other definitions can be found within Section
2.5 of the Land Use Bylaw:
STORMWATER POND means an engineered, bermed outdoor open area intended for the
management and storage of surface water and building or structures runoff and which may
be used for fire protection and for process water reuse as part of the facility's water recycling
program.
4.
Uses
EXEMPT
DISCRETIONARY
Accessory Building
Accessory Building & Use, less than 10.0 m² (107.6 ft²),
outside of the Riparian Area
Accessory Use
Agriculture, Extensive
Cannabis Production Facility
Horticultural Use
Security Suite (Subject to Section 6.b.ii.)
Sign, Identification
5.
Site Regulations
SITE AREA
±19.32 ha (±47.74 ac) as shown as "Proposed DC" in Schedule "C"
FRONT YARD
As approximately shown on Schedule "D"
For the purposes of this District, the 'front property line' shall be the
Northerly boundary of NE 20-30-4-5: Minimum 395.0 m (1,295.93 ft)
REAR YARD
As approximately shown on Schedule "D"
From the Southerly boundary of NE 20-30-4-5: Minimum 70.0 m
(229.66 ft)
WEST SIDE YARD
As approximately shown on Schedule "D"
From the Westerly boundary of NE 20-30-4-5: Minimum 78.0 m
(255.90 ft)
EAST SIDE YARD
As approximately shown on Schedule "D"
From the Easterly boundary of NE 20-30-4-5: Minimum 385.0 m
(1,263.12 ft)
MAXIMUM BUILDING HEIGHT
12.2 m (40.0 ft)
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
202
PARCEL SIZE for potential subdivision. As
approximately shown on Schedule "D"
The DC area as delineated as "Development Permit Boundary" in
Schedule "D" and shall include direct municipal road access and all
necessary servicing (e.g. water well(s), stormwater pond, wastewater
treatment)
6.
Other Development Regulations
a)
Concept Plan:
i.
This District, the Concept Plan and supporting Reports/Studies as listed below,
approved for the lands in Schedule "D" shall be used as guiding documents to
evaluate Development Permit and subdivision application(s):
1.
Site Servicing Report,
2.
Stormwater Management Report,
3.
Water Supply Evaluation,
4.
Geotechnical Investigation Report,
5.
Transportation Study, and
6.
Wetland Assessment and Impact Report.
ii.
At the Development Permit stage, and not as regards development that is exempt
from a development permit, proposed development outside the scope of the Concept
Plan and supporting Reports/Studies may require amendment(s) to one or more of
the following at Council's discretion: the Concept Plan, affected Reports/Studies, and
this Direct Control District.
b)
Restrictions that Apply to the Direct Control District Area as Shown in Schedules "C" and
"D":
i.
Subdivision of the Direct Control District Area shall be restricted to boundary
adjustment and potential subdivision of the entire Direct Control District Area from
the balance of NE 20-30-4-5 approximately as set out in Schedule "D" and in the
Concept Plan.
ii.
No Security Suites shall be allowed unless required by Federal or Provincial licensing,
in which case Security Suites shall be considered a discretionary use within this
District.
iii.
No Commercial Retail Minor or Major shall be allowed including Cannabis Retail
Sales.
iv.
No setback relaxations shall be allowed, (for clarity, setback regulations herein are
measured to buildings and/or structures and do not apply to 'surface' amenities or
services like parking areas, stormwater management pond, dugout, or fencing for
example).
v.
No building height variance shall be allowed.
c)
Hours of Operation:
i.
The Cannabis Production Facility and all accessory buildings and uses shall be
allowed to operate 24 hours a day, seven (7) days a week.
d)
Access:
i.
The only means of access and egress to this Cannabis Production Facility is via
Township Road 304.
ii.
Access shall be constructed as required under a Development Agreement with the
County as contemplated under Section 650 of the Municipal Government Act.
e)
Development Permit Requirements:
i.
The County shall provide notice of Discretionary Use Development Permit(s) to parcels
within a 1.6 km (1 mile) radius prior to consideration by the Approving Authority.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
203
ii.
Engineering Plans and Specifications/Construction Drawings shall be submitted as
part of the Development Permit application(s), to establish the parameters for the
construction of improvements associated with the proposed development.
Engineering plans and specifications must be completed by a qualified professional
Engineer accredited by APEGA and includes a Cover Sheet and any or all of the
following as applicable:
1. Clearing and Grading Drawings
2. Roads, Lanes and Walkways Drawings
3. Traffic Control and Signage Drawing
4. Stormwater Management Drawing
5. Wastewater Management Drawing
6. Shallow Utilities Drawing
7. Building Grade Drawing
8. Landscape Drawing
9. Erosion and Sedimentation Control Drawing
Two large sets and provide an electronic copy suitable to the County of the
construction drawings are required to be submitted to Mountain View County for
preliminary review and approval. For additional details on drawings specifications
and requirements please refer to the Mountain View County Design Guidelines
(2010), and General Construction Specifications (2009) and any subsequent
revisions.
iii.
As part of Development Permit application(s), written confirmation of submission of
applications, as applicable, to Alberta Environment and Parks (AEP) for: stormwater
management changes, surface water changes, ground water changes, waterbody
crossing(s) changes, wetland impact changes, waste water treatment changes,
and/or emergency access changes.
iv.
A Landscape and Lighting Plan shall be submitted as part of a Development Permit
application(s) pursuant to Mountain View County policies, guidelines and standards,
as applicable.
f)
Development Permit Conditions:
i.
Pursuant to the Municipal Government Act, a Development Agreement shall be
required for the first Development Permit application respecting Cannabis Production
Facility, as a prior to issuance condition. This Development Agreement shall address
the required access intersection improvement, construction of driveway, construction
of storm pond, easements or rights-of-way, all required Alberta Environment and
Parks approvals and approved details design drawings.
ii.
Subsequent Development Agreement may be required as a prior to issuance
condition (dependent on the uses applied for) in subsequent Development Permit
application(s) pursuant to the Municipal Government Act and as part of the
report/studies submitted in support of the application.
iii.
As-built drawings shall be submitted and approved by the County, as applicable, for
the purpose of confirming that construction accords with plans approved by the
County or an applicable Development Agreement.
iv.
An easement or right-of-way for the purpose of emergency access may be required to
be registered on the affected land(s) prior to issuance of a Development Permit.
v.
Receipt of submission for registration to Land Titles of an approved plan of boundary
adjustment approximately as shown in grey shading on Schedule "D" shall be
required as prior to issuance condition for the first Development Permit respecting
the Cannabis Production Facility.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
204
vi.
A Community Advisory Board shall be established as a prior to issuance condition of
the first Development Permit. The Board shall be comprised of designated officers for
Aurora Cannabis Inc. and interested members of the public. Priority shall be given to
landowners within a 1.0 mile radius of the quarter section. Advertisement in the local
paper for public membership shall be required. Should members of the public not
express interest to participate, the applicant shall provide proof of such, and the
Development Permit condition may be considered satisfied without establishment of
a Community Advisory Board.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
205
Bylaw No. 18/19
Direct Control District Regulations
Schedule "B"
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
206
Bylaw No. 18/19
Direct Control District Regulations
Schedule "C"
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
207
Bylaw No. 18/19
Direct Control District Regulations
Schedule "D"
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
208
Bylaw No. 14/16
Direct Control District Regulations
Schedule "A"
17.18
Direct Control District Regulations - Lot 2, Plan 9312585 and
East ½ 12-30-1-5
1.
Purpose
To accommodate a unique regionally-significant and comprehensively-planned motorsports park
with related accessory uses that include a motorsports racetrack, driver and police services
training facilities, a motor vehicle services business area, commercial retail services, outdoor
recreation, sports fields and agricultural transitional zones.
2.
Application
These regulations shall apply to a ± 220.8 hectare (± 545.6 acre) site within Lot 2, Plan 9312585
and E 1/2 12-30-1-5 as outlined on Schedule "B", "C" and "D".
3.
Definitions - unique to this District, all other definitions can be found within Section 2.5
of the Land Use Bylaw:
AGRICULTURAL, VALUE ADDED means the retailing of agricultural uses that are grown and/or
produced on the same parcel and may include uses such as tree and shrub farming,
greenhouse production, seed and crop testing and community garden uses.
DRIVER TRAINING FACILITY means a defined road course and accessory buildings intended to
accommodate training activities associated with emergency handling procedures of motor
vehicles.
DRAG RACING means type of motorsports racing where automobiles or motorcycles compete,
usually two (2) at a time to be first to cross a set finish line. The race follows a short, straight
race course over a measured distance.
GO-KART RACETRACK means a defined road course and accessory buildings to accommodate
go-kart training, racing, demonstrations and events.
MOTORSPORTS RACETRACK means a defined road course and accessory buildings including
pit garages, race control, administration, medical suite and staging area to accommodate motor
vehicle racing in a controlled environment and include demonstrations, events and
performance driving training.
MOTORSPORTS RACING AUTHORITY means a recognized sanctioning organization that governs
specific types of motorsports by establishing competition rules and safety standards for racing
events. These include: FIA (Federation International de Automobile), ASN Canada FIA, Western
Canada Motorsports Association, Chumpcar Canada, FIM (Federation International
Motorcyclisme) FIM North America, Canadian Motorcycle Association, Canadian Superbike
Championship, and may include other comparable recognized organizations.
MOTOR VEHICLE SERVICES means development of buildings used for the rental, lease, sale,
storage, service, restoration, inspection and/or mechanical repair of motor vehicles. Uses and
facilities would also include dealerships, transmission shops, muffler shops, autobody paint
and repair facilities and highway service stations. This use does not include bulk fuel depots.
POLICE SERVICE DRIVER TRAINING FACILITY means a defined road course and accessory
buildings to accommodate training activities associated with emergency handling procedures
for motor vehicles by law enforcement members and other and other first responders. There
shall be not more than fifty (50) people on-site at any one time.
RECREATION, OUTDOOR SPORTFIELDS means development providing outdoor sport
fields that may be available to the public at large for active outdoor recreation.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
209
SECURITY SUITE means a dwelling unit or portion of a building used to provide accommodation
for security personnel and shall contain no more than one (1) bedroom and be no larger than
92.9 m2 (1000 ft2).
SITE PREPARATION means the stripping, excavation and or contouring of material to prepare
the site for future development. Grading and stormwater drainage management are also
included.
SPECIAL EVENT, AUTOMOTIVE means an interim automotive race event sanctioned by an
official motorsport racing authority which draws non-participant spectators in excess of 400
persons, excluding on-site employees. The nature of the special event may require mitigation
measures such as enhanced traffic management and noise abatement.
SPECTATOR AREA means designated areas to accommodate a limited number of persons for
the purpose of viewing events in conjunction with the motorsports racetrack.
VEHICLE STORAGE UNIT means a building owned or leased for the purpose of storing motor
vehicle(s) and related equipment and materials. A vehicle storage unit may include private
amenities space and shall not be used as a dwelling unit or for commercial retail purposes.
4.
Uses
EXEMPT
DISCRETIONARY
Accessory Buildings less than 10.0 m2 (108 ft2)
Accessory Building and Use
Agriculture, Extensive - See Other Development
Regulations
Agricultural, Value Added
PERMITTED
Berm
Cardlock Fuel Dispensing Facility
Commercial, Major
Commercial, Minor
Communication Tower
Driver Training Facility
Eating Establishment, Indoor
Eating Establishment, Outdoor
Fence
Go-Kart Racetrack
Motor Vehicle Services
Motorsports Racetrack
Police Service Driver Training Facility
Parking Facility
Recreation, Outdoor Sportsfields
Security Suite
Semi-Public Use
Sign, Gateway and Directional
Sign, On-Site Commercial
Site Preparation
Spectator Area
Special Event, Automotive
Utility Services, Minor Infrastructure
Vehicle Storage Unit
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
210
5.
Site Regulations
SITE AREA
± 220.8 hectare (± 545.6 acre)
Minimum 40.0 m (131.2 ft) from the property line adjacent to any paved or hard
surface County road allowance; or
Minimum 60.0 m (196.9 ft) from the property line from any gravel County road
allowance
FRONT YARD
Minimum 15.0 m (49.2 ft) from the property line from an internal roadway, at the
discretion of the Approving Authority
REAR YARD
Minimum 15.0 m (49.2 ft)
SIDE YARD
Minimum 15.0 m (49.2 ft)
OTHER SETBACKS FROM
EXISTING & PROPOSED
HIGHWAYS & SERVICE ROADS
As determined by Alberta Transportation
MAXIMUM BUILDING HEIGHT
10.0 meters (32.8 feet) or as determined by the Approving Authority
OTHER SETBACKS
Pipelines and Oil & Gas Facilities: consistent with current Provincial regulations
6.
Other Development Regulations
a)
Concept Plan
i.
The Concept Plan and supporting studies Servicing Brief, Sound Impact Assessment,
Subwatershed Master Plan, Transportation Impact Assessment and Wetland
Assessment and Impact Report approved for the lands in Schedule "B" are master
documents and shall be used as guiding documents to evaluate Development Permit
applications.
b)
Restrictions
i.
Subdivision shall be permitted within Area 1 as illustrated on Schedule "C".
ii.
Prior to subdivision or development within Area 1 as illustrated on Schedule "C", this
DC Bylaw shall be amended to include a Site Plan and specific subdivision and
development restrictions as required to implement the uses therein (e.g. maximum
number of parcels and sizes, building setbacks, building heights, building coverage,
specific landscaping requirements etc.).
iii.
No subdivision shall be permitted in Area 2 as illustrated on Schedule "C".
iv.
No drag strips or drag racing shall be permitted on any lands in Schedule "B".
v.
A maximum of two (2) Security Suite(s) allowed on lands in Schedule "B".
vi.
Agriculture, Extensive shall be exempt on designated land until such time as
development and construction commences. Once construction commences
Agriculture Value Added is a discretionary use requiring a Development Permit.
vii.
Any subdivision or development shall conform to the Alberta Energy Regulator (AER)
setbacks for sour gas facilities unless the AER gives written approval to a lesser
setback distance.
viii.
The number of people permitted to be on-site at the Police Driver Training Facility
shall not exceed fifty (50) at any given time.
c)
Hours of Operation
i.
Hours of operation for the Driver Training Facility, Go-Kart Racetrack, Motorsports
Racetrack, Police Service Driver Training Facility and Spectator Area shall be between
9 am and 9 pm Monday through Saturday, and between 9 am and 6 pm on Sunday
and Statutory Holidays.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
211
ii.
Hours of operation for other uses not listed in c) i. shall be determined by the
Approving Authority.
d)
Noise
i.
Noise generated by this development measured on the same basis as the SIA at the
site boundaries shall not exceed:
- 65 decibels (dBA) measured between the hours of 9 am to 6 pm every day of the
week including Statutory Holidays; and
- 65 decibels (dBA) measured between the hours of 6 pm to 9 pm on Tuesdays,
Wednesdays, Thursdays and Fridays but excluding Statutory Holidays; and
- 59 decibels (dBA) measured between the hours of 6 pm to 9 pm on Mondays and
Saturdays but excluding Statutory Holidays.
e)
Transportation
i.
The transportation impact assessment final report submitted as part of the
redesignation process is a master document accepted by Mountain View County. Any
Development Permit application that proposes intensified use not stipulated in this
transportation impact assessment shall require the submission of a revised
transportation impact assessment in support of the proposed development. Any
required improvements shall be borne by the developer.
ii.
The developer shall be responsible for the closure of a portion of Range Road 10A
and the simultaneous construction of a new portion of Range Road 10A as shown on
Schedule "D".
f)
Development Agreement
i.
A Development Agreement shall be required prior to the issuance of the first
Development Permit within each of the two (2) phases. The Development Agreement
shall include all the infrastructure related to the phase and shall include but is not
limited to roads (easements, rights of ways and road widening), stormwater
management, noise mitigation measures (berms and/or sound walls) and utilities for
that phase.
ii.
As part of the Development Agreement, no subsequent Development Permits shall
be considered by the Approving Authority until a Construction Completion Certificate
(CCC) is issued for that phase.
g)
Development Permit Requirements
i.
Lot 2, Plan 9312585 and East ½ 12-30-1-5 shall be consolidated at Land Titles.
Confirmation shall be submitted as part of the first Development Permit application
within Phase one (1).
ii.
A Geotechnical Report shall be submitted as part of a Development Permit
application(s).
iii.
The County shall circulate Discretionary Permit(s) to parcels within a 1.6 km (1 mile)
radius prior to consideration by the Approving Authority.
iv.
A Site Development Plan shall be submitted as part of a Development Permit
application(s) to illustrate proposed improvements such as road linkages, utility
servicing, surface drainage management areas, parking/loading areas, fencing,
signage, landscaping and any other matter required by this Bylaw.
v.
A Construction Management Plan shall be submitted as part of a Development Permit
application(s) that details erosion, dust, weeds and noise control measures and
stormwater management during construction prepared by a qualified professional.
vi.
An Outdoor Lighting Plan shall be submitted as part of a Development Permit
application(s) that complies with the "Mountain View County Business, Commercial,
and Industrial Design Guidelines" as well as the International Dark Sky Association
Guidelines.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
212
vii.
A Noise Management Plan shall be submitted as part of a Development Permit
application(s) that demonstrates that the noise generated by this development
measured at the site boundaries shall not exceed 6 d) of this Bylaw.
viii.
The operator shall be responsible to collect sound data at the boundary of the site
and supply that data to the County to support compliance with these permitted levels.
The Noise Management Plan shall address how the noise levels will be managed to
fall within the permitted levels of 6 d) of this Bylaw.
ix.
An Activity Management Plan shall be submitted as part of a Development Permit
application(s) that describes:
i.
methods to mitigate potential off-site impacts pertaining to track safety,
ii.
the maximum number of participants,
iii.
spectators, shuttle transport service,
iv.
on-site parking, and
v.
emergency response.
x.
Engineering Plans and Specifications/Construction Drawings shall be submitted as
part of the Development Permit application(s), to establish the parameters for the
construction of improvements associated with the proposed development.
Engineering plans and specifications must be completed by a qualified professional
Engineer accredited by APEGA and includes the following:
- Cover Sheet(s);
- Clearing and Grading Drawings;
- Erosion and Sediment Control Drawings
- Roads, Lanes and Walkways Drawings;
- Traffic Control and Signage Drawings;
- Water Distribution Drawings (if applicable);
- Sanitary Sewer Drawings (if applicable);
- Storm Sewer Drawings - Major/Minor System;
- Shallow Utilities Drawings;
- Building Grade Drawings;
- Landscape Drawings;
- Berms and/or Sound Walls Drawings;
- Easements and Rights of Ways Drawings.
Two large sets and provide an electronic copy suitable to the County of the
construction drawings are required to be submitted to Mountain View County for
preliminary review and approval. For additional details on drawing specifications, and
requirements please refer to the Mountain View County Design Guidelines (2010)
and General Construction Specifications (2009), and any subsequent revisions.
xi.
A strategy to secure Alberta Environment and Parks (AEP) approvals for the re-use of
stormwater shall be submitted as part of a Development Permit application(s).
xii.
Confirmation of wetland compensation approval as required by Alberta Environment
and Parks (AEP), shall be submitted as part of a Development Permit application(s).
xiii.
An on-site Fire Protection Plan, including but not limited to on-site equipment and on-
site professionally trained staff shall be submitted to the local Fire Department for
approval with confirmation provided as part of the Development Permit application(s).
xiv.
An Emergency Response Plan, including but not limited to on-site equipment and on-
site professionally trained staff, shall be submitted as part of the Development Permit
application(s).
xv.
A Landscape Plan prepared by a qualified professional shall be submitted as part of
a Development Permit application(s) that complies with the "Mountain View County
Business, Commercial, and Industrial Design Guidelines".
xvi.
A Weed Management Plan prepared by a qualified professional shall be submitted as
part of a Development Permit application(s).
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
213
xvii. As built drawings shall be required as a condition of a Development Permit
application(s).
xviii. Conditions may be imposed on Development Permits by the Approving Authority to
ensure compliance with the Land Use Bylaw.
xix.
Above ground sour gas facilities shall be protected by vehicle protection barriers to
protect said facilities.
h)
Special Event, Automotive - Requirements
i.
The Event Transportation Management Plan submitted as part of the redesignation
process is a master document accepted by Mountain View County. A Special Event,
Automotive Development Permit application(s) shall comply with this plan.
ii.
A Permit for a Special Event, Automotive Development Permit is valid for one
occurrence only at one location for the date(s) specified on the Development Permit.
A Special Event, Automotive will only be valid for the period specified on the
Development Permit and not to exceed seventy-two (72) consecutive hours.
iii.
A complete application for a Special Event, Automotive Development Permit must be
made no later than sixty (60) days before the proposed date of the Special Event,
Automotive.
iv.
A complete application for Special Event, Automotive must include the following:
-
Full name and address of the Applicant (If the Applicant is a corporation, the
names and addresses of all corporate directors);
-
Full name and address of all responsible parties;
-
The legal description of the location of the proposed Special Event, Automotive
and a current copy of the Certificate of Title for the proposed location;
-
A letter of authorization from the registered landowner;
-
A letter from the registered landowner authorizing County personnel, personnel
contracted by the County or Peace Officers to visit the proposed site prior to the
Special Event, Automotive and if required during the Special Event, Automotive
to ensure that this or any other Bylaw, permit conditions or other legislation are
being complied with.
v.
A Special Event, Automotive Development Permit proposal shall address the following
matters:
-
A written statement outlining the kind, character or type of Special Event,
Automotive proposed;
-
The date(s) of the proposed Special Event, Automotive;
-
The times the Special Event, Automotive will begin and end;
-
An indication of the expected attendance and a statement of how higher than
expected attendance will be handled;
-
The method by which admission to the Special Event, Automotive will be sold.
-
A written statement detailing the type of beverages and food to be provided. (The
Applicant must consult with the local health authority);
-
A written statement detailing how the disposal of solid waste is to be addressed;
-
A detailed written plan setting out how water and sanitation facilities will be
addressed for the proposed Special Event, Automotive (The Applicant must
consult with the local health authority);
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
214
-
A statement as to whether or not it is proposed that alcohol be consumed at the
Special Event, Automotive; If applicable a copy of the Liquor License must be
provided prior to the Special Event, Automotive occurring.
-
A detailed written plan setting out how the Applicant intends to address security
concerns. The security plan will address:
-
how many security personnel will be in attendance at the Special Event,
Automotive;
-
qualifications of security personnel;
-
how security personnel will monitor the Special Event, Automotive including
arrivals and departures;
-
proposed access to the Public Event by emergency medical or fire personnel;
and
-
the method of communication between security and Special Event,
Automotive personnel.
-
A means of contacting the Applicant or Responsible Party during the proposed
Special Event, Automotive;
-
A plan detailing ingress and egress for vehicular traffic and a proposed parking
plan;
-
A detailed plan outlining any steps to be taken to ensure noise disturbance
outside the Special Event, Automotive location is minimized and any steps that
will be taken to ensure noise is controlled within the Special Event, Automotive
and shall not exceed 6 d) of this Bylaw;
-
A detailed written plan setting out how the Applicant intends to address
emergency medical concerns, including how many medical personnel and
equipment will be in attendance and the qualifications of the medical personnel;
-
Proof of insurance; and
-
Any other reasonable matter deemed appropriate by the Approving Authority.
vi.
The Development Permit may be approved with or without conditions. Although not
limited to, the following conditions may be imposed on any permit:
-
The maximum number of persons that may attend the Special Event, Automotive;
-
Specific requirements for access to and from the proposed location and parking;
-
Specific requirements for noise attenuation;
-
Specific requirements or procedures for any emergency medical personnel or
equipment;
-
Specific requirements to confirm security personnel or policing has been
retained;
-
Any other requirements that are deemed to be reasonably necessary by the
Approving Authority to protect the safety, health, welfare, and property of the
attendees of the Special Event, Automotive or the adjacent landowners; and
-
That the Applicant provides the County with an Irrevocable Letter of Credit or a
cash deposit, in an amount specified by the Approving Authority, to be disposed
of by the Approving Authority in amounts deemed appropriate to provide
adequate security for compliance with the conditions of the Development Permit,
on the basis of legitimate claims.
vii.
All costs and expenses incurred in meeting the requirements of this Bylaw or any
conditions attached to the Development Permit or by reason of breach of this Bylaw
shall be borne by the Applicant or the Person(s) in breach and are a debt owed to the
County. This may include, but is not limited to all costs incurred by the County in
regards to policing, emergency fire or medical expenses. The County may utilize and
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
215
draw upon any security held by the County to pay any or all of the costs incurred by
the County.
viii.
Where an Irrevocable Letter of Credit is required, as a condition of a Development
Permit, failure to provide the Letter of Credit within a time period stipulated by the
Approving Authority shall render the permit to hold the Special Event, Automotive as
null and void.
ix.
The Approving Authority may, when evaluating an application for a Development
Permit, consult with any appropriate agency or authority such as the local health
authority, the Royal Canadian Mounted Police and any provincial or federal agency.
x.
Any permit approved pursuant to this Bylaw does not relieve the Applicant of
complying with any other municipal, provincial or federal legislation.
xi.
Failure to submit proof that all statutory obligations or requirements of the
Development Permit application have been satisfied by the Applicant or evidence of
previous mismanagement of similar Special Event, Automotive shall be good and
ample reason for the Approving Authority to refuse to issue a permit for the Special
Event, Automotive.
xii.
The Approving Authority may refuse to issue a Development Permit if:
-
The Applicant or other Responsible Party have previously held a Special Event,
Automotive and breached any of the conditions of the permit for that Special
Event, Automotive;
-
In the opinion of the Approving Authority the potential noise impact of the Special
Event, Automotive would create a nuisance for the community;
-
In the opinion of the Approving Authority, the proposed Special Event, Automotive
cannot be conducted in a safe manner due to the proposed location or the
proposals for security, access and egress for vehicle traffic, or emergency
management; or
-
In the opinion of the Approving Authority, the proposed Special Event, Automotive
is not an appropriate Special Event, Automotive for the proposed location.
xiii.
A Peace Officer, believing upon reasonable and probable grounds that a Special
Event, Automotive has become disorderly, may stop the Special Event, Automotive
by any reasonable means.
xiv.
Failure by the Applicant or Responsible Parties to stop the Special Event,
Automotive when requested to do so by a Peace Officer is a breach of this bylaw.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
216
Schedule "B" Bylaw No. 14/16
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
217
Schedule "C" Bylaw No. 14/16
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
218
Schedule "D"
Bylaw No. 14/16
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
219
Bylaw No. 11/17
Direct Control District Regulations
Schedule "A"
17.19
Direct Control District Regulations -SE 22-29-29-4
1.
Purpose
The purpose of this district is to allow for the operation of a western retail business that
includes retail store buildings, outdoor display area, associated seasonal events and short-
term camping. Uses associated with the retail store buildings include Eating Establishment,
Indoor and Eating Establishment, Outdoor and may include outdoor agricultural or equestrian
events, outdoor display of retail goods and Camping, Short Term.
2.
Application
These regulations shall apply to a 9.05 hectare (22.37 ac) site within SE 22-29-29-4 as
outlined on Schedule "B & C"
3.
Definitions - unique to this District, all other definitions can be found within Section
2.5 of the Land Use Bylaw:
CAMPING, SHORT TERM means an area of land used for the purpose of dry camping only and
intended to accommodate sleeping facilities such as recreational vehicles, travel trailers,
campers, or tents with a maximum number of units not to exceed twenty (20). Length of stay
shall not exceed ten (10) consecutive days.
DISPLAY AREA OUTDOOR means a portion of the area used for exhibiting in an orderly manner
completely assembled or finished products sold by the western retail business located within
the direct control district area.
EVENTS (SEASONAL) means any event or function related to the uses for this district which
are held within the Direct Control District area and to which members of the general public are
invited or admitted for a fee or free of charge.
WESTERN RETAIL STORE means a building or buildings where goods, wares, merchandise,
substances, articles or things are offered or kept for sale at retail, including storage of such
quantities of goods, wares, merchandise, substances, articles or things, sufficient only to
service the retail business.
4.
Uses
EXEMPT
DISCRETIONARY
Accessory Building and Use
Accessory Building, compliant with Subsection 4.2 of
the Land Use Bylaw
Camping, Short Term
Display Area Outdoor
Eating Establishment, Indoor
Eating Establishment, Outdoor
Events (Seasonal)
Riding Arena (Outdoor), Public
Sign, Onsite Commercial
Western Retail Store
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
220
5.
Site Regulations
SITE AREA
9.05 hectares (22.37 ac)
Minimum 30.0 m (98.4 ft.) from the property line from any paved or hard
surface road
FRONT YARD
Minimum 40.0 m (131.2 ft.) from the property line from any gravel surface
road
REAR YARD
Within the Direct Control designated area.
If the area is ever subdivided, setbacks from property lines will be
established.
SIDE YARD
Within the Direct Control designated area.
If the area is ever subdivided, setbacks from property lines will be
established.
FENCES, GATES, SIGNS
On the property line for fences, gates, other means of enclosure, and signs
OTHER SETBACKS
As determined by the Approving Authority
BUILDING DENSITY
The Direct Control District area requires adequate space for parking and
camping on the site, therefore building density must not compromise the
space.
6.
Other Development Regulations
a)
Fire Protection
i.
An on-site fire protection plan, acceptable to the County, shall be prepared by the
developer at the time of the submission of a Development Permit Application if
required.
b)
Landscaping
i.
A Landscape Plan may be required as part of the submission of a Development
Permit. For Landscaping refer to the "Mountain View County Business, Commercial,
and Industrial Design Guidelines" as adopted by Council. All landscaping shall be in
conformance with these guidelines.
ii.
Fencing of the entire Direct Control District area may be required as a portion of the
area is currently fenced. Direct Control Uses are not permitted outside of the defined
area.
c)
Road Use
i.
As a requirement of a Development Permit Application the landowner may be
required to enter into a Road Use Agreement with the municipal authority
responsible for the maintenance of Range Road 292 from the intersection with
Township Road 292 to the main approach of the business, to provide for matters
including dust suppression measures which may include a requirement for the
landowner to pay for the cost of an annual application of calcium.
ii.
Traffic Impact Assessment: In order to evaluate the traffic impact generated by the
proposed Direct Control District, a Traffic Impact Assessment may be required,
except where the Approving Authority accepts that no Traffic Impact Assessment is
necessary. This report should identify and define: the study area, the planning
horizon and analysis period, the existing traffic conditions and the estimated traffic
demand. The report should also identify mitigation measures and provide overall
recommendations for addressing local and regional traffic impacts.
d)
Storm Water
i.
Stormwater Management Plan: As part of a subdivision application or as a condition
of a Development Permit for new development, a Stormwater Management Plan
shall be required, except where the Approving authority accepts that no Stormwater
Management Plan is necessary. This Plan shall address current and future drainage
requirements in support of the existing and any proposed structures and shall
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
221
identify and locate major drainage facilities, including major drainage channel
routes, retention/detention facilities, and land requirements for drainage purposes.
e)
Site Plan
i.
A site plan shall be prepared and include development details, existing facilities,
proposed facilities, the designated Camping, Short Term area and the Display Area,
Outdoor at the time of the submission of a Development Permit Application.
f)
Hours of Operation
i.
The regular hours of operation for the business shall be as follows:
i.
Monday through to Saturday 9:00 am to 9:00 pm.
ii.
Sunday 9:00 am to 7:00 pm.
g)
Existing Development
i.
Schedule C identifies the existing development with approved Development Permits
in connection with the Western Retail Business.
ii.
Any existing development in connection with the Western Retail Business, without
Development Permits will require a Development Permit Application within thirty (30)
days of the approval of this Direct Control District.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
222
Schedule "B"
Bylaw No. 11/17
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
223
Schedule "C"
Bylaw No. 11/17
1.
Main Retail Store
a.
DP09-030
b.
PLDP20120133
c.
PLDP20120234
2.
Accessory Building (Water Storage)
a.
PLDP20120234
3.
Riding Arena
a.
DP09-030
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
224
Bylaw No. 18/17
Direct Control District Regulations
Schedule "A"
17.20
Direct Control District Regulations - Plan 1611975, Block 1, Lot
1 and a Portion of SW 2-30-4-5
1.
Purpose
The purpose of this district is to allow for the development of an event facility with associated and
supporting uses.
2.
Application
These regulations shall apply to an approximate ±9.99 acre site within Plan 1611975, Block 1,
Lot 1 and a portion of the SW 2-30-4-5, as outlined on Schedule "B"
3.
Definitions - unique to this District, all other definitions can be found within Section 2.5
of the Land Use Bylaw:
EVENT FACILITY means a facility that accommodates events held inside building(s) or outdoors.
Events may include gatherings, weddings, celebrations, or similar type of activities.
4.
Uses
EXEMPT
DISCRETIONARY
Accessory Building and Use
Accessory Building & Use, less than 10.0 m²
(107.6 ft²)
Dwelling, Security Suite
Dwelling, Single Detached
Eating Establishment, Indoor
Eating Establishment, Outdoor
Event Facility
Office
Park
Religious Assembly
Riding Arena, Public
Sign, On-Site Commercial
Utility Building
5.
Site Regulations
SITE AREA
±4.04 ha (±9.99 ac)
FRONT YARD
Minimum 30.0 m (98.4 ft) from the property line from any paved road
REAR YARD
Minimum 17.0 m (55.8 ft)
SIDE YARD
Minimum 17.0 m (55.8 ft)
FENCES, GATES, SIGNS
On the property line for fences, gates, other means of enclosure, and signs
SETBACKS FROM HIGHWAY 580
As determined by Alberta Transportation
OTHER SETBACKS
Pipelines and Oil and Gas Facilities: Consistent with current provincial regulations
MAXIMUM HEIGHT
Maximum 12.2 m (40.02 ft) or as determined by the Approving Authority
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
225
6.
Other Development Regulations
a)
Approved Supportive Reports:
i.
The approved Concept Plan and Traffic Impact Assessment (submitted in accordance with
Appendix A of the Land Use Bylaw) as part of the Direct Control District Redesignation
application, shall be used as guiding documents to evaluate Development Permit
application(s).
b)
Restrictions that Apply to the Direct Control District Area Shown in Schedule "B":
i.
There shall be no camping on the subject lands at any time.
ii.
At the Development Permit stage, proposed development outside the scope of the
approved Concept Plan and supportive Studies may require amendment to the affected
supportive Studies and this Direct Control District.
c)
Hours of Operation:
i. The hours of operation of the Event Facility and associated and supportive uses shall be
restricted daily between the hours of 7:00 am until 1:00 am or at the discretion of the
Approving Authority, to minimize noise impacts in the surrounding area.
d)
Subdivision:
i.
A Subdivision application for a boundary adjustment shall be required to consolidate Plan
1611975, Block 1, Lot 1 with portion of the SW 2-30-4-5 prior to the submission of
Development Permit(s).
ii.
A Development Agreement pursuant to the Municipal Government Act, may be required
as a condition of Subdivision.
iii.
No subdivision (except for 6. d) i.) shall be allowed within the Direct Control District.
e)
Development Permit Requirements:
i.
In accordance with Appendix A of the Land Use Bylaw, the following studies/reports shall
be submitted at the Development Permit stage and at the discretion of the Approving
Authority:
-
A Stormwater Management Plan:
-
A Site Servicing Plan;
-
A Landscape Plan
ii.
Engineering Plans and Specifications/Construction Drawings shall be submitted at the
Development Permit stage and at the discretion of the Approving Authority, as a condition
of development, to establish the parameters for the construction and improvements
associated with the proposed development. Engineering plans and specifications must
be completed by a qualified professional Engineer accredited by APEGA and include the
following:
-
Cover Sheet(s);
-
Clearing; Grading Drawings; Erosion and Sedimentation Control;
-
Roads, Lanes and Walkways Drawings;
-
Signage Drawings;
-
Water Distribution Drawings;
-
Sanitary Sewer Drawings;
-
Stormwater Drawings;
-
Landscape Drawings;
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
226
iii.
An on-site Fire Protection Plan shall be submitted to the local Fire Department for
notification as part of Development Permit application(s).
iv.
A Transportation strategy plan may be prepared and be submitted as part of Development
Permit application(s) to demonstrate traffic accommodation.
f)
Development Permit Conditions:
i.
A Development Agreement pursuant to the Municipal Government Act, may be required
as a condition of Development Permit(s).
ii.
The applicant shall be required to provide notification to the local RCMP detachment prior
to any event that exceeds 200 attendees as a condition of Development Permit(s).
iii.
As required by the Department of Alberta Transportation, a Roadside Development Permit
will be required.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
227
Schedule "B"
Bylaw No. 18/17
Schedule B
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
228
Bylaw No. 01/19
Direct Control District Regulations
Schedule "A"
17.21
Direct Control District Regulations - NW 1-32-2-5
1.
Purpose
The purpose of this district is to allow for the development of an event facility with associated and
supporting uses.
2.
Application
These regulations shall apply to an approximate ±12.46 acres (±5.04 ha) site within NW 1-32-2-5
as outlined on Schedule "B"
3.
Definitions - unique to this District, all other definitions can be found within Section 2.5
of the Land Use Bylaw:
EVENT FACILITY means a facility that accommodate events held inside building(s) or outdoors.
Events may include gatherings, weddings, celebrations, or similar type of activities.
OVERNIGHT CAMPING means development of land of no more than 40 un-serviced sites, which
has been planned for a maximum two (2) night use for holiday trailers, motor homes, tents,
campers and similar recreational vehicles.
4.
Uses
EXEMPT
DISCRETIONARY
Accessory Building and Use
Accessory Building & Use, less than 10.0 m² (107.6 ft²)
Agriculture Extensive
Agriculture Processing
Dwelling, Security Suite
Eating Establishment, Indoor
Eating Establishment, Outdoor
Event Facility
Office
Overnight Camping
Park
Religious Assembly
Sign, On-Site Commercial
Parking Facility
5.
Site Regulations
SITE AREA
±12.46 acres (±5.04 ha)
FRONT YARD
Minimum 40.0 m (131.2 ft) from the property line from any gravel County road
allowance
REAR YARD
Minimum 17.0 m (55.8 ft)
SIDE YARD
Minimum 17.0 m (55.8 ft)
OTHER SETBACKS
Pipeline and Oil and Gas Facilities: Consistent with current provincial regulations.
Railways: As determined by the current authority's regulations.
FENCES, GATES, SIGNS
On the property line for fences, gates, or other means of enclosure, and signs
MAXIMUM HEIGHT
Maximum 12.2 m (40.02 ft) or as determined by the Approving Authority
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
229
6.
Other Development Regulations
a)
Approved Support Documents:
i.
The approved Development Concept submitted in accordance with Appendix A of the
Land Use Bylaw as part of the Direct Control District redesignation application, shall be
used as guiding documents to evaluate Development Permit applications(s).
b)
Restrictions that Apply to the Direct Control District Area Shown in Schedule "B" and "C":
i.
No subdivisions shall be allowed as a result of approval of this Direct Control District.
ii.
At the Development Permit stage, any proposed development outside the scope of the
approved Development Concept shall require amendment to the Development Concept
and this Direct Control District.
c)
Hours of Operation:
i.
The hours of operation of the Event Facility and associated uses shall be restricted
between the hours of 7:00 am until 1:00 am or at the discretion of the Approving
Authority, to minimize the impacts in the surrounding area.
d)
Development Permit Requirements:
i.
In accordance with Appendix A of the Land Use Bylaw, the following studies/reports
shall be submitted at the Development Permit stage and at the discretion of the
Approving Authority:
1.
A Stormwater Management Plan
2.
A Site Servicing Plan
3.
A Landscape Plan
ii.
Engineering Plans and Specifications/Construction Drawings shall be submitted at the
Development Permit stage and at the discretion of the Approving Authority, as a
condition of development, to establish the parameters for the construction and
improvements associated with the proposed development. Engineering Plans and
Specifications must be completed by a qualified professional Engineer accredited by
APEGA and include the following:
1.
Cover Sheet(s);
2.
Clearing: Grading Drawings; Erosion and Sedimentation Control;
3.
Roads, Lanes and Walkway Drawings;
4.
Signage Drawings;
5.
Water Distribution Drawings;
6.
Stormwater Drawings;
7.
Landscape Drawings.
iii.
An on-site Fire Protection Plan shall be submitted to Mountain View County and the local
Fire Department for notification as part of Development Permit application(s).
iv.
A Road Use Agreement in coordination with Mountain View County shall be submitted
respecting dust control in conjunction with a Development Permit application(s).
v.
The Direct Control District boundaries shall be permanently delineated (i.e., corner
posts at each boundary corner). In the event that the north Direct Control District
boundary proves to not be sufficiently delineated, the Approving Authority has the
discretion to require perimeter fencing of the northerly boundary of the Direct Control
District Area. Direct Control District uses are not permitted outside of the defined area.
e)
Development Conditions:
i.
A Development Agreement pursuant to the Municipal Government Act, may be required
as a condition of Development Permit(s).
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
230
ii.
An Easement for the purposes of Drainage may be required to be registered on the
affected land(s) prior to issuance of a Development Permit.
iii.
An Easement for the purposes of Emergency Access may be required to be registered
on the affected land(s) prior to issuance of a Development Permit.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
231
Schedule "B"
Bylaw No. 01/19
Schedule B Bylaw No. 01/19
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
232
Schedule "C"
Bylaw No. 01/19
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
i
Section 18 LAND USE DISTRICT MAPS
1.
The following illustration summarizes the Permitted and Discretionary Uses in all Land Use Districts:
Illustration 18.1-1: Permitted and Discretionary Uses by Land Use District
P(e) - Permitted (exempt)
P - Permitted
D - Discretionary
LAND USE
P(e)- Permitted (exempt)
P
- Permitted
D
- Discretionary
A -Agricultural District
A(2) -Agricultural District
R-CR Country Residential District
R-CR1 Country Residential (1)
District
R-F - Residential Farmstead
District
C-LC Local Commercial District
I-BP Business Park District
I-HI Heavy Industrial District
AEP Aggregate Processing /
Extraction District
P-PC Parks and Conservation
District
P-PR Parks and Recreation
District
P-PCR Parks and Comprehensive
Recreation District
S-IEC Institutional, Educational,
and Cultural District
S-AP Airport District
Abattoir
D
D
D
D
Accessory Building and Use
P(e)
P
D
P(e)
P
D
P(e)
P
D
P(e)
P
D
P(e)
P
D
P
D
P
D
P
D
P
D
D
P(e)
P
D
P(e)
P
D
P
D
D
Aggregate Extraction/Processing
D
Agricultural Processing
D
D
D
D
Agricultural Specialty
P(e)
P(e)
D
Agricultural Support Services
D
D
D
D
D
Agriculture, Extensive
P(e)
P(e)
P(e)
P(e)
P(e)
P(e)
P(e)
P(e)
P(e)
P
P
P(e)
Alternative/Renewable Energy
Development, Commercial
D
D
D
D
Amusement and Entertainment
Services
D
D
D
D
D
Animal Health Care Services
D
D
D
P
D
D
Auctioneering Services, On-Site
P(e)
P(e)
Auctioneering Services, Livestock
D
D
D
D
Auctioneering Services, No Livestock
D
D
D
D
D
Automotive, Equipment and Vehicle
Services
D
P
D
D
D
Auto Wreckers
D
Bed and Breakfast
D
D
D
D
D
D
Berming
D
D
D
D
D
D
D
D
D
D
D
D
D
D
Bulk Fuel Depot
D
D
D
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
ii
LAND USE
P(e)- Permitted (exempt)
P
- Permitted
D
- Discretionary
A -Agricultural District
A(2) -Agricultural District
R-CR Country Residential District
R-CR1 Country Residential (1)
District
R-F - Residential Farmstead
District
C-LC Local Commercial District
I-BP Business Park District
I-HI Heavy Industrial District
AEP Aggregate Processing /
Extraction District
P-PC Parks and Conservation
District
P-PR Parks and Recreation
District
P-PCR Parks and Comprehensive
Recreation District
S-IEC Institutional, Educational,
and Cultural District
S-AP Airport District
Bunkhouse
D
Business, Agri-Tourism
D
D
Business, Home Office
P(e)
P(e)
P(e)
P(e)
P(e)
Business, Home Based
P
P
D
D
D
Business, Contractors
D
D
D
D
Cabin
P
D
P
D
Card Lock Fuel Dispensing Facility
D
D
D
Cannabis Production Facility
D
D
D
Cannabis Retail Sales
D
D
D
Cemetery
P
Columbarium
P
Crematorium
D
D
P
Commercial Retail Services, Major
D
P
Commercial Retail Services, Minor
P
P
D
D
Communication Tower
D
D
D
D
D
D
D
D
D
D
D
D
Cultural Facilities
D
P
D
D
P
Day Care Services
D
D
D
D
D
P
P
D
D
Detention and Correction Services
D
Dwelling, Caretakers/Manager
D
D
D
Dwelling, Duplex
D
D
D
D
Dwelling, Prefabricated
P
P
P
P
P
Dwelling, Move In/ Relocation
D
D
D
D
D
Dwelling, Secondary Detached
D
D
Dwelling, Secondary Suite
D
D
D
D
D
Dwelling, Security Suite
D
D
D
D
D
D
D
Dwelling, Single Detached
P
P
P
P
P
Eating Establishment, Indoor
D
P
P
D
D
D
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
iii
LAND USE
P(e)- Permitted (exempt)
P
- Permitted
D
- Discretionary
A -Agricultural District
A(2) -Agricultural District
R-CR Country Residential District
R-CR1 Country Residential (1)
District
R-F - Residential Farmstead
District
C-LC Local Commercial District
I-BP Business Park District
I-HI Heavy Industrial District
AEP Aggregate Processing /
Extraction District
P-PC Parks and Conservation
District
P-PR Parks and Recreation
District
P-PCR Parks and Comprehensive
Recreation District
S-IEC Institutional, Educational,
and Cultural District
S-AP Airport District
Eating Establishment, Outdoor
D
P
P
D
D
D
Educational Services
D
P
P
D
Farm Building
P(e)
P(e)
Funeral Home
D
D
Government Services
D
P
P
D
D
P
D
Group Home, Major
D
Group Home Limited
D
D
D
D
D
D
Heavy Equipment Training Facility
D
Horticultural Use
P(e)
P(e)
D
D
D
D
Horticultural Use, Medicinal
D
D
Hotel
D
P
Industrial, Heavy
D
Industrial Manufacturing/ Processing,
General
D
D
Industrial Storage and Warehousing
D
D
Kennel, Commercial
D
D
D
D
D
Liquor Sales/Distribution Services
D
P
Medical Treatment Services
D
P
D
Mineral and Resource
Extraction/Processing
D
D
D
D
Motel
D
P
Manufactured Home Park
Natural Science Exhibits
D
D
D
Office
P
P
P
D
Park
P
D
P(e)
P(e)
P
Personal and Health Care Services
P
P
D
Professional, Business, Financial &
Office Support Services
P
P
D
Portable Batch Plant - less than 3
months
P
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
iv
LAND USE
P(e)- Permitted (exempt)
P
- Permitted
D
- Discretionary
A -Agricultural District
A(2) -Agricultural District
R-CR Country Residential District
R-CR1 Country Residential (1)
District
R-F - Residential Farmstead
District
C-LC Local Commercial District
I-BP Business Park District
I-HI Heavy Industrial District
AEP Aggregate Processing /
Extraction District
P-PC Parks and Conservation
District
P-PR Parks and Recreation
District
P-PCR Parks and Comprehensive
Recreation District
S-IEC Institutional, Educational,
and Cultural District
S-AP Airport District
Portable Batch Plant - more than 3
months
D
Protective and Emergency Services
P
P
P
P
D
Recreation, Passive
P
P(e)
P(e)
P
Recreational, Resort
D
D
Recreation Services, Community
D
P
P
P
Recreation Services, Indoor Participant
D
D
D
D
P
Recreation Services, Outdoor Participant
D
D
D
D
Recreational Vehicle
P(e)
P(e)
Recreational Vehicle Park Model
P(e)
P(e)
Recreational Vehicle Storage Indoor (see
conditions)
D
D
D
D
Recreational Vehicle Storage Outdoor (see
conditions)
P(e)
P(e)
P(e)
P(e)
P(e)
D
D
Recreational Vehicle Storage Outdoor
D
D
Recreational Vehicle for Living
Accommodation (see conditions)
D
D
D
D
D
Recycling Depot
P
D
D
Religious Assembly
P
Riding Arena, Private
P
P
D
Riding Arena, Public
D
D
D
D
D
D
Security Suite
D
D
D
D
D
D
D
Selective Logging
P
D
P
D
Semi-Public Use
D
D
D
D
Service Station
P
P
D
D
Shipping Containers (Sea Cans)
P(e)
P(e)
D
P(e) D
D
Show Home
D
D
D
Sign, Identification
P(e)
P(e)
P(e)
P(e)
P(e)
P(e)
Sign, On-Site, Commercial with Existing
DP
P
P
P
P
P
P
P
D
P
P
D
P
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
v
LAND USE
P(e)- Permitted (exempt)
P
- Permitted
D
- Discretionary
A -Agricultural District
A(2) -Agricultural District
R-CR Country Residential District
R-CR1 Country Residential (1)
District
R-F - Residential Farmstead
District
C-LC Local Commercial District
I-BP Business Park District
I-HI Heavy Industrial District
AEP Aggregate Processing /
Extraction District
P-PC Parks and Conservation
District
P-PR Parks and Recreation
District
P-PCR Parks and Comprehensive
Recreation District
S-IEC Institutional, Educational,
and Cultural District
S-AP Airport District
Sign, Third Party, Commercial
D
D
D
D
D
Spectator Sports Establishments
D
D
D
D
D
Tourist Campground
D
D
Tree Clearing/Clear Cutting - see definition
D
D
D
D
D
D
D
D
D
D
D
D
D
D
Utility Building
P
P
P
P
P
P
P
D
Utility Services, Major Infrastructure
D
D
D
D
Utility Services, Minor Infrastructure
P
P
P
D
P
P
D
Waste Management Facility, Major
D
D
Waste Management Facility, Minor
D
P
P
Work Camp, Long Term
D
D
Work/Lay Down Camp
D
D
D
2.
The following pages of the Bylaw contain an Index Map and twenty (20) Land Use District Maps.
These show the specific land use districts that apply to specific parcel of land. Use the Index Map
to locate a particular parcel of land and to identify the appropriate Land Use District Map that
applies.
3.
Land Use District Maps are updated on an ongoing basis as redesignations are approved. The
public is encouraged to review recent amendments and consult with staff to confirm the land
use district(s) of a property. A Consolidated version of the bylaw and updated maps will be made
available on an ongoing basis.
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
vi
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
vii
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
viii
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
ix
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
x
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
xi
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
xii
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
xiii
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
xiv
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
xv
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
xvi
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
xvii
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
xviii
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
xix
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
xx
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
xxi
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
xxii
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
xxiii
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
xxiv
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
xxv
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
xxvi
APPENDIX
A
List of Technical Studies
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
xxvii
APPENDIX A
LIST OF TECHNICAL STUDIES
Biophysical Assessment. Prepared by a qualified professional biologist accredited by the Alberta
Professional Biologists (ASPB), the assessment will identify the broad impact of a proposed planning
application on the plant and wildlife species/communities, as identified by Alberta Conservation
Information Management System (ACIMS) and/or Committee on the Status of Endangered Wildlife in
Canada (COSEWIC). The findings of this report shall assist in the preparation of the Environmental
Management Plan (where required), Redesignation proposals and/or Concept Plan.
Concept Plan Interchangeable with the term conceptual scheme which refers to a plan, may be adopted
by resolution that relates to a proposed development and its relationship to existing and/or future
development of adjacent lands. For the purposes of this bylaw, concept plans shall be prepared at two
scales - small and large development, as documented throughout this bylaw. All concept plans shall
include the following information:
1.
Existing Situation - A baseline description of the following matters and an evaluation of the potential
impacts on the proposed development:
a) existing land use, ownership and development;
b) topography, geotechnical, hydrological, hazard and/or environmental conditions that
characterize the area;
c) existing servicing arrangements, utilities, and transportation routes;
d) any other matters the Municipality requires to be investigated.
2)
Local Development Matters - A description and evaluation of the following matters describing the
proposed development within the plan area:
a) the proposed uses of lands within the concept plan area;
b) proposed parcel size and density for the concept plan area;
c) the proposed internal road hierarchy and its impacts on the Provincial and Municipal road
networks;
d) Reserve dedication strategy and environmental protection measures;
e) Proposed servicing arrangements;
f) Any other matters the Municipality requires to be investigated.
Based on the scope and intensity of development proposed, concept plans may require the provision of
supportive reports and/or studies completed by a qualified professional including but not limited to:
servicing study, geotechnical assessment, traffic impact assessment, stormwater management plan,
biophysical assessment and preliminary engineering plans and specifications. Concept plans shall be
prepared in accordance with approved County policy.
Engineering Plans and Specifications/Construction Drawings These are required in support of your
application to establish the parameters for the construction of improvements associated with the
proposed development. Engineering plans and specifications must be completed by qualified
professional engineer accredited by APEGA and include the following:
-
Cover Sheet(s);
-
Clearing and Grading Drawings;
-
Roads, Lanes and Walkways Drawings;
-
Traffic Control and Signage Drawing;
-
Water Distribution Drawing (if applicable);
- Water Distribution Disinfection and Flushing Drawing (if applicable);
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
xxviii
- Sanitary Sewer Drawing (if applicable);
- Storm Sewer Drawing - Major/Minor System;
- Storm Sewer Drawing - Minor System;
- Shallow Utilities Drawing;
- Building Grade Drawing;
- Landscape Drawing;
- Erosion Control and Sedimentation Drawing.
Upon completion, two sets of complete construction drawings are required to be submitted to Mountain
View County for preliminary review and approval. Additional circulation of the shallow utilities plan is
required to be circulated by the developer to appropriate utility companies for review and approval. Each
utility company is required to submit an approval letter for inclusion within the development agreement
via the developer. Upon acceptance, a final set of construction drawings may be required for inclusion
within the development and servicing agreement in support of the proposed development. For additional
details on drawing specifications, and requirements and development agreement procedures please
refer to the Mountain View County Design Guidelines and Construction Specifications.
Environmental Management Plan. Prepared by a qualified professional biologist accredited by the
Alberta Professional Biologists (ASPB), the plan will identify the impact of a proposal on the wildlife,
wildlife corridors, vegetation, water, and/or environmental features. The Environmental Management
Plan shall outline protection measures in accordance with environmental guidelines and address
mitigation measures, including necessary setback distances from significant natural features to
mitigate potential impacts on the surrounding natural environment. The Environment Management Plan
shall also identify breeding and spawning times for wildlife, and the timing of construction and
reclamation activities shall be adjusted accordingly. The findings of this report shall assist in the
preparation of the Concept Plan, Subdivision and/or Development Permits where required.
Fire Protection Plan A fire protection plan is required to ensure adequate improvements to support fire
suppression in the case of an emergency within the proposed development area. The fire protection
plan must be prepared and submitted to the local fire authority for review and approval with confirmation
provided to Mountain View County. Once approved, the owner is responsible for implementing those
improvements as outlined within the approved fire protection plan as these will be included within the
terms of the development agreement where appropriate. During a fire emergency, a copy of the
approved fire safety plan must be available for the responding fire department's use. In general terms,
the fire protection plan should include:
-
Key contact information including site location and access arrangements;
-
Utility services (including shut-off valves for water, gas and electric);
-
Access issues to the property;
- Layout, drawing, and location of water supply within the subject property;
- Layout and location of fire suppression infrastructure;
- Incorporation of Fire Smart Principles.
Where required, the findings of this report should be incorporated within the servicing study and/or
engineering plans and specifications requested in support of the proposed development.
Flood Risk Assessment (FRA) This study, completed by a qualified professional accredited by APEGA,
shall ascertain whether the development area is suitable for the proposed uses by (a) determining the
risk of flooding at the site (a minimum 100-year design flood); (b) identifying the floodway and flood
fringe area; and (c) considering the consequences of the site being flooded and provide recommended
mitigation measures and design standards to guide the construction of improvement in the flood fringe
area within the subject lands. Setback requirements shall also form part of the recommendations and
shall be outlined both in writing and graphically through supportive mapping drawn to scale and related
to local elevations. Where required, the findings of this report should be incorporated within the
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
xxix
servicing study and/or engineering plans and specifications requested in support of the proposed
development.
Geotechnical Report. This report shall be prepared by qualified professional engineer accredited by
APEGA, identifying and assessing the subsurface soil and groundwater conditions liable to affect
suitability of the lands to support the proposed development. The geotechnical assessment shall be in
accordance with Section 5(4) of the Mountain View County Design Guidelines and General Construction
Specifications. The report shall provide conclusions and recommendations to guide the design and
construction of the proposed development and associated improvements including both Municipal
infrastructure and/or private improvements proposed on the subject property inclusive of buildings,
structures and/or private services. Where required, the findings of this report shall be incorporated
within the servicing study and/or engineering plans and specifications requested in support of the
proposed development.
Groundwater Supply Evaluation (GSE) This evaluation, completed by a qualified professional accredited
by APEGA, shall assess the potential for one or more aquifers to supply a sustainable volume of water
to the proposed development, in addition to determining any possible interference with groundwater
supply from existing wells in the area. The evaluation shall involve the completion of a single well within
the proposed development area pumping over a Municipally legislated time period, followed by a period
of recovery over the same time period. Please note that the groundwater supply evaluation must satisfy
those requirements as noted under Section 23(3) (a) of the Province of Alberta Water Act.
***Note: Should the results of the groundwater supply evaluation indicate that insufficient
groundwater supply exists to support the proposed development or impact on existing wells within the
area would be profound; the study shall outline alternative means of water supply to the proposed
development. This shall include the source of an alternative potable water supply to support the
proposed development, and infrastructure to support the water distribution such as cisterns. Where
cisterns are suggested, sizing, design and construction considerations should be detailed. All
alternative means of water supply shall comply with all Federal, Provincial, and Municipal regulations.
Where required, the findings of this report should be incorporated within the servicing study and/or
engineering plans and specifications requested in support of the proposed development.
Hazards Assessment & Management Plan This plan shall identify any and all potential hazards in
relation to the proposed development and how they shall be managed. Suggested hazards include but
are not limited to fire, petro chemicals and processing chemicals. The plan shall also include an
emergency response plan in the event of an emergency situation.
Private Sewage System Suitability Analysis This report represents a specific geotechnical investigation
of the proposed development area documenting prevailing soil conditions, a soil texture analysis and
soil suitability assessment to support on-site private sewage disposal system. This report must be
completed by a qualified professional and in accordance with the Alberta Private Sewage Systems
Standard of Practice 1999. Where required, the findings of this report should be incorporated within the
servicing study and/or engineering plans and specifications requested in support of the proposed
development.
Public Consultation - Concept Plan In order to ascertain the opinions and concerns of surrounding
landowners with regards to the proposed development concept, consultation with the public will need
to be undertaken. In support of a concept plan, the consultation should follow an Open House format,
shall be fully documented in writing and shall include the following information: (i) the names and
contact information of all attendees; (ii) a synopsis of matters discussed; (iii) a summary of concerns
raised; (iv) a formal response to all concerns raised. The time and place of the public meeting must be
advertised in Mountain View Gazette for two consecutive weeks prior to the meeting and that written
notification shall be given to Planning and Development Services Department. Further, a mail out must
be prepared in support of the open house and can be distributed by Mountain View County on your
behalf in support of the public consultation. The applicant shall bear with all costs.
Reclamation Report This report shall outline the measures to be taken to return the development site
to an equivalent land capability, as based on pre-disturbance site assessments of soil, landscape, and
Land Use Bylaw - Bylaw No. 10/24 - Schedule A
xxx
vegetation. The plan shall also establish criteria and specifications to guide the design, installation and
maintenance of vegetation planted as part of a re-vegetation strategy. Plant species should be chosen
in consultation with landowners and reflect species present on adjacent lands.
Servicing Study This report shall be prepared by a qualified professional engineer accredited by APEGA,
which establishes the technical engineering requirements to service the proposed development. The
report should compile and summarize relevant information with respect to site grading, proposed water
supply and distribution, sanitary sewage collection and treatment, storm drainage system, shallow
utilities and public roadways. The report should include discussion pertaining to existing site conditions,
proposed site grading, summary of supportive modeling completed and identification of any unique site
constraints and/or issues that may affect the servicing of the proposed development. The details of
individual supportive studies that may be required in addition to the servicing study (i.e. geotechnical,
biophysical assessment, traffic, water modelling, sanitary sewer system modelling, stormwater
management, erosion and sediment control) may be contained in separate reports but should be
referenced and summarized in the servicing study. For additional details, please refer to the Mountain
View County Design Guidelines and Construction specifications.
Stormwater Management Plan This plan shall address current and future drainage requirements in
support of the proposed development while satisfying constraints imposed by topography, existing and
proposed land uses, land ownership, and other local considerations. The plan shall be completed by a
qualified professional engineer accredited by APEGA, and shall identify and locate major drainage
facilities, including major drainage channel improvements, the location of storm sewer improvements,
open channel routes, retention/detention facilities, and land requirements for drainage purposes.
Where required, the findings of this report should be incorporated within the servicing study and/or
engineering plans and specifications requested in support of the proposed development.
Traffic Impact Assessment In order to evaluate the traffic impact of proposed developments, a traffic
impact assessment is required. The traffic impact assessment must be prepared by a qualified
professional engineer accredited by APEGA, which assesses the potential effects of traffic generation
caused by the proposed development on regional and local roadway systems. The traffic impact
assessment shall identify and define the study area, the planning horizon and analysis period, the
existing traffic conditions, and the estimated traffic demand. Furthermore, a safety analysis, site access
analysis, traffic collision analysis, and sight distance evaluation should be conducted. The assessment
shall also identify mitigation measures and provide overall recommendations for addressing local and
regional traffic impacts. Where required, the findings of this report shall be incorporated within the
servicing study and/or engineering plans and specifications requested in support of the proposed
development.