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MD of Opportunity No. 17 | Land Use Bylaw 2013-14
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Municipal District of Opportunity No. 17
Land Use Bylaw
BYLAW 2013-14 As Amended
12 June 2013
MD of Opportunity No. 17 | Land Use Bylaw 2013-14
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TABLE OF CONTENTS
Page
GUIDE TO USING THE MUNICIPAL DISTRICT OF OPPORTUNITY NO. 17 LAND USE BYLAW...15
PART 1 - GENERAL ADMINISTRATION PROCEDURES.......................................15
1.1
TITLE.........................................................................................................15
1.2
PURPOSE..................................................................................................15
1.3
DEFINITIONS..............................................................................................16
1.4
METRIC AND IMPERIAL MEASURESMENTS...................................................56
1.5
ESTABLISHMENT OF LAND USE DISTRICTS..................................................56
1.6
ESTABLISHMENT OF LAND USE DISTRICT REGULATIONS..............................58
1.7
ESTABLISHMENT OF SPECIAL AIRPORT HEIGHT REGULATIONS....................58
PART 2 - DEVELOPMENT APPROVAL AUTHORITIES .................................................. 60
2.1
DEVELOPMENT AUTHORITY ....................................................................................60
2.2
DEVELOPMENT AUTHORITY OFFICER ....................................................................60
2.3
MUNICIPAL PLANNING COMMISSION ......................................................................62
2.4
COUNCIL .....................................................................................................................62
2.5
SUBDIVISION AND DEVELOPMENT APPEAL BOARD.............................................62
PART 3 - GENERAL ADMINISTRATIVE PROCEDURES ................................................ 64
3.1
CONTROL OF DEVELOPMENT .................................................................................64
3.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ...............................64
3.3
NON-CONFORMING BUILDINGS AND USES............................................................66
PART 4 - DEVELOPMENT APPLICATION PROCESS .................................................... 68
4.1
APPLICATION FOR DEVELOPMENT .........................................................................68
4.2
REFERRAL OF APPLICATIONS .................................................................................74
4.3
DECISION ....................................................................................................................74
4.4
VARIANCE PROVISIONS ...........................................................................................79
4.5
DEVELOPMENT PERMITS AND NOTICES ................................................................80
PART 5 - DEVELOPMENT APPEAL PROCESS ............................................................... 82
5.1
APPEAL PROCEDURE ...............................................................................................82
5.2
APPEAL HEARING .....................................................................................................83
5.3
APPEAL DECISION.....................................................................................................84
PART 6 - BYLAW AMENDMENT PROCESS ..................................................................... 86
6.1
APPLICATION FOR AMENDMENT .............................................................................86
MD of Opportunity No. 17 | Land Use Bylaw 2013-14
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6.2
PUBLIC HEARING PROCESS ....................................................................................87
PART 7 - ENFORCEMENT AND ADMINISTRATION ........................................................ 88
7.1
CONTRAVENTION AND PENALTIES .........................................................................88
PART 8 - LAND USE DISTRICTS - GENERAL REGULATIONS ................................... 90
8.1
AMATEUR & SMALL RADIO ANTENNAS ..................................................................90
8.2
AMENITY AREAS ........................................................................................................90
8.3
ANCILLARY BUILDINGS & USES IN OTHER DISTRICTS .........................................91
8.4
ANCILLARY BUILDINGS & USES IN RESIDENTIAL DISTRICTS ..............................92
8.5
ANIMAL CARE AND RELATED USES ........................................................................93
8.6
BED AND BREAKFAST ESTABLISHMENTS .............................................................93
8.7
BUILDING EXTERIORS IN WABASCA DOWNTOWN ................................................94
8.8
CANNABIS PRODUCTION AND DISTRIBUTION DEVELOPMENTS .........................94
8.9
CANNABIS RETAIL SALES ........................................................................................98
8.10 CAR WASHES ........................................................................................................... 100
8.11 CONFINED FEEDING OPERATIONS AND MANURE STORAGE FACILITIES ........ 101
8.12 CONTROLLED APPEARANCE/BUILDING EXTERIORS ......................................... 101
8.13 CONVERSION OF SINGLE FAMILY DWELLINGS TO OTHER USES ..................... 101
8.14 DAY USE AND PICNIC AREAS ................................................................................. 102
8.15 DEVELOPMENT ON CORNER LOTS ....................................................................... 102
8.16 DRIVE-IN BUSINESSES ........................................................................................... 103
8.17 ENVIRONMENTAL SCREENING .............................................................................. 106
8.18 EXISTING SUBSTANDARD LOTS ............................................................................ 106
8.19 FENCING MATERIALS ............................................................................................. 106
8.20 GARAGE SUITES ...................................................................................................... 107
8.21 GARDEN SUITES ...................................................................................................... 108
8.22 GROUP HOMES, DAY HOMES AND CHILD CARE FACILITIES ............................. 109
8.23 HAZARDOUS MATERIALS ....................................................................................... 110
8.24 HOME OCCUPATIONS ............................................................................................. 111
8.25 INDUSTRIAL DEVELOPMENT .................................................................................. 114
8.26 IN-LAW SUITES ........................................................................................................ 114
8.27 INTENSIVE AGRICULTURE ...................................................................................... 115
8.28 KEEPING OF DOMESTIC PETS AND LIVESTOCK ................................................. 115
8.29 LANDSCAPING ......................................................................................................... 117
8.30 LARGE WIND ENERGY CONVERSION SYSTEMS .................................................. 118
8.31 LIGHTING .................................................................................................................. 120
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8.32 MAJOR AND MINOR TWO-LANE HIGHWAYS ........................................................ 120
8.33 MANUFACTURED AND MOBILE HOMES ................................................................ 129
8.34 MICRO WIND ENERGY CONVERSION SYSTEMS .................................................. 130
8.35 MOTELS .................................................................................................................... 131
8.36 MOVED-IN BUILDINGS............................................................................................. 131
8.37 MULTIPLE DWELLING DEVELOPMENTS ............................................................... 131
8.38 MUNICIPAL SERVICES/SANITARY FACILITIES/ROAD AVAILABILITY ................. 132
8.39 NATURAL RESOURCE EXTRACTION INDUSTRIES ............................................... 133
8.40 NEIGHBOURHOOD COMMERCIAL DEVELOPMENTS ........................................... 133
8.41 NOISE ........................................................................................................................ 134
8.42 NUISANCE ................................................................................................................ 134
8.43 NUMBER OF DWELLING UNITS ON A LOT ............................................................ 134
8.44 OBJECTS PROHIBITED OR RESTRICTED IN YARDS ............................................ 135
8.45 OFF-STREET LOADING ........................................................................................... 137
8.46 OFF-STREET PARKING ........................................................................................... 138
8.47 PLACES OF WORSHIP ............................................................................................. 145
8.48 PRIVATE SWIMMING POOLS AND HOT TUBS ....................................................... 145
8.49 PROJECTION OVER YARDS.................................................................................... 146
8.50 PROTECTION FROM EXPOSURE HAZARDS .......................................................... 146
8.51 RECREATION ........................................................................................................... 147
8.52 RECREATIONAL VEHICLE CAMPGROUNDS ......................................................... 147
8.53 RECREATIONAL VEHICLE CAMPGROUND, WORKCAMPS .................................. 148
8.55 RECREATIONAL VEHICLES .................................................................................... 152
8.56 SEA CANS ................................................................................................................. 153
8.57 SECONDARY SUITES ............................................................................................... 154
8.58 SENIORS HOUSING DEVELOPMENTS ................................................................... 155
8.59 SERVICE STATIONS AND GAS BARS ..................................................................... 156
8.60 SHOPPING CENTRES .............................................................................................. 157
8.61 SHOW HOMES .......................................................................................................... 158
8.62 SIDEWALK CAFES ................................................................................................... 158
8.63 SIGNS ........................................................................................................................ 160
8.64 SINGLE LOT SUBDIVISIONS FOR RESIDENTIAL USE .......................................... 172
8.65 SITE CONDITIONS .................................................................................................... 174
8.66 SMALL WIND ENERGY CONVERSION SYSTEMS .................................................. 175
8.67 SOLAR ENERGY COLLECTION SYSTEMS ............................................................. 176
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8.68 SOUR GAS FACILITIES ............................................................................................ 177
8.69 SPECIAL SETBACKS ............................................................................................... 177
8.70 SUBDIVISION OF LAND ........................................................................................... 178
8.71 SURVEILLANCE SUITES .......................................................................................... 178
8.72 TINY HOUSES ........................................................................................................... 178
8.73 TOPSOIL REMOVAL ................................................................................................. 179
8.74 WIRELESS COMMUNICATIONS FACILITIES .......................................................... 179
8.75 WORKCAMPS ........................................................................................................... 181
PART 9 - LAND USE DISTRICTS - DISTRICT REGULATIONS .................................. 184
9.1
E - RESOURCES DISTRICT ..................................................................................... 184
9.2
R1 - RESIDENTIAL DISTRICT .................................................................................. 190
9.3
R1A - RESIDENTIAL DISTRICT ............................................................................... 194
9.4
R1B - RESIDENTIAL DISTRICT ............................................................................... 198
9.5
R1C - RESIDENTIAL DISTRICT ............................................................................... 202
9.6
R1D - RESIDENTIAL DISTRICT ............................................................................... 206
9.7
R2 - RESIDENTIAL DISTRICT .................................................................................. 210
9.8
R3 - RESIDENTIAL DISTRICT .................................................................................. 214
9.9
R4 - RESIDENTIAL DISTRICT .................................................................................. 218
9.10 CR - COUNTRY RESIDENTIAL DISTRICT ............................................................... 222
9.11 RSF - RESIDENTIAL SMALL FARM DISTRICT ....................................................... 226
9.12 RR - RECREATION RESIDENTIAL DISTRICT ......................................................... 230
9.13 RMH - MANUFACTURED HOME PARK DISTRICT ................................................. 234
9.14 RMH1 - MANUFACTURED HOME PARK SUBDIVISION DISTRICT ....................... 240
9.15 C1 - COMMERCIAL DISTRICT ................................................................................. 244
9.16 C2 - COMMERCIAL DISTRICT ................................................................................. 248
9.17 C3 - COMMERCIAL DISTRICT ................................................................................. 252
9.18 CH - HIGHWAY COMMERCIAL DISTRICT .............................................................. 256
9.19 CL - COMMUNITY LEASE DISTRICT ...................................................................... 260
9.20 M1 -INDUSTRIAL DISTRICT .................................................................................... 262
9.21 M2 - INDUSTRIAL DISTRICT ................................................................................... 264
9.22 M3 - AIRPORT INDUSTRIAL DISTRICT ................................................................... 266
9.23 UR - URBAN RESERVE DISTRICT .......................................................................... 268
9.24 P - CONSERVATION DISTRICT ............................................................................... 270
9.25 I - INSTITUTIONAL/RECREATIONAL DISTRICT ..................................................... 272
9.26 DC - DIRECT CONTROL DISTRICT ......................................................................... 274
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PART 10 - SPECIAL AIRPORT HEIGHT REGULATIONS ............................................. 276
10.1 DEFINITIONS ............................................................................................................ 276
10.2 GENERAL PROVISIONS........................................................................................... 276
10.3 ESTABLISHMENT OF PROTECTION AREA ............................................................ 277
10.4 HEIGHT LIMITATIONS .............................................................................................. 277
SUBSCHEDULE 1 - RED EARTH AIRPORT VICINITY PROTECTION AREA.................... 278
SUBSCHEDULE 1............................................................................................................... 279
SUBSCHEDULE 2 - HEIGHT LIMITATIONS ....................................................................... 279
PART 11
LAND USE DISTRICT MAPS......................................................................... 282
11.1 MAP 1: LAND USE DISTRICT MAP .......................................................................... 282
11.2 INSET MAPS ............................................................................................................. 282
MD of Opportunity No. 17 | Land Use Bylaw 2013-14
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Table of Figures
Page
Figure 1: Adjacent Land ........................................................................................................................................... 16
Figure 2: Single Family Dwelling ............................................................................................................................. 25
Figure 3: Manufactured Home ................................................................................................................................ 25
Figure 4: Modular Home .......................................................................................................................................... 25
Figure 5: Duplex ........................................................................................................................................................ 25
Figure 6: Semi-Detached Dwelling ......................................................................................................................... 26
Figure 7: Four-plex .................................................................................................................................................... 26
Figure 8: Row Housing ............................................................................................................................................. 26
Figure 9: Apartment Building ................................................................................................................................... 26
Figure 10: Surveillance Suite ................................................................................................................................... 27
Figure 11: Workcamp ............................................................................................................................................... 27
Figure 12: Garage Suite ........................................................................................................................................... 27
Figure 13: Garden Suite ........................................................................................................................................... 27
Figure 14: Established Grade .................................................................................................................................. 28
Figure 15: Height of a Building ................................................................................................................................ 32
Figure 16: Park Model Trailer 102 .......................................................................................................................... 42
Figure 17: Park Model Recreational ....................................................................................................................... 42
Figure 18: Recreational Vehicle .............................................................................................................................. 45
Figure 19: A-Frame Sign .......................................................................................................................................... 49
Figure 20: Canopy Sign ............................................................................................................................................ 49
Figure 21: Fascia Sign ............................................................................................................................................. 49
Figure 22: Inflatable Sign ......................................................................................................................................... 50
Figure 23: Freestanding Sign .................................................................................................................................. 50
Figure 24: Off Site Sign ............................................................................................................................................ 50
Figure 25: Projecting Sign ........................................................................................................................................ 51
Figure 26: Roof Sign ................................................................................................................................................. 51
Figure 27: Temporary/Portable Sign ...................................................................................................................... 51
Figure 28: Under Canopy Sign ................................................................................................................................ 51
Figure 294: Setbacks from the Intersection of a Grid Road and a Major Two-Lane Highway ..................... 127
Figure 30: Neighbourhood Commercial Development Example ...................................................................... 134
Figure 4331: Inflatable Sign ................................................................................................................................... 170
MD of Opportunity No. 17 | Land Use Bylaw 2013-14
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RECORD OF BYLAW AMENDMENTS
The Municipal District of Opportunity No. 17's Land Use Bylaw, Bylaw 2013-14, as
amended, was adopted by the Council of the Municipal District on June 12th, 2013.
Effective June 13th, 2013.
The Following is a list of Bylaws adopted by Council subsequent to June 12th, 2013,
which amended Parts 1 through 11 of the Land Use Bylaw. The list is in chronological
order, based on the adoption dates of Council.
Adoption Date
Bylaw
Content
2013
October 9th, 2013
2013-21
Red Earth Creek rezoning - Lot 11 & 12
Block 1, Plan 032 4469 from R1A -
Residential District to R3 - Residential District.
December 11th 2013
2013-23
Calling Lake rezoning - Lots 1, 2, 3, and 4
Block 0, Plan 082 8421 and Lot 1 of Block 0,
Plan 872 0186 from R1C-Residential District to
RR - Recreational Residential.
December 18th 2013
2013-24
Wabasca rezoning - Lot A, Block A, Plan
118RS from C1- Commercial District to
R1D - Residential District
2014
January 8th 2014
2013-27
Wabasca rezoning - Lot 7, Block 12, Plan 792
0484 from R1A - Residential District to R3 -
Residential District.
January 8th 2014
2013-28
Wabasca rezoning - Lot 4 Block 15 Plan
792 2533 from C3 - Commercial District to
M3 - Airport Industrial District.
July 9th 2014
2014-09
Wabasca rezoning - Lot 7MR Block 4 Plan
042 2616 from P - Conservation District to R1A
- Residential District.
August 13th 2014
2014-12
Wabasca rezoning - Part of SE-25-80-25 W4M
from UR - Urban Reserve District to CH -
Highway Commercial District.
September 10th 2014 2014-14
That Section 9.1 (4) (i) (ii) is removed from the
Land Use Bylaw.
MD of Opportunity No. 17 | Land Use Bylaw 2013-14
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RECORD OF BYLAW AMENDMENTS
September 10th, 2014
2014-16
Wabasca rezoning - Part of SW and SE 25-80-
25-W4M from UR - Urban Reserve District to
CH - Highway Commercial District.
October 15th 2014
2014-17
Calling Lake rezoning - Lots 26 to 28 and 30 to
34, Block 1, Plan 912 0016 from R1A -
Residential District to RR - Recreation
Residential District.
October 15th 2014
2014-18
Wabasca rezoning - Part of Lot 0 Block A Plan
862 2598 from R1A - Residential District to C3
Commercial District.
2015
May 13th 2015
2015-10
Wabasca rezoning - Part of Lot 5 Block 2 Plan
902 0838 from R1A - Residential District to R3
Residential District.
May 13th 2015
2015-11
Wabasca rezoning - Part of Lot 6 Block A Plan
082 0340 from C1 - Commercial District to C3
Commercial District
July 8th, 2015
2015-14
Sandy Lake rezoning - Lot 103, Plan 832 1796
from P - Conservation to R1C - Residential
District.
July 8th, 2015
2015-15
Sandy Lake rezoning - Lot 11A, Plan 832 1796
From R1C - Residential District to P -
Conservation.
2016
January 13th 2016
2015-25
Calling Lake rezoning - Part of SE 29- 72-21
W4M from UR - Urban Reserve District to CH -
Highway Commercial District
April 20th 2016
2016-05
Sandy Lake rezoning - Lot 22, Plan 832 1796
from P - Conservation District to R1C -
Residential District
September 14th 2016
2016-13
Wabasca rezoning - Lot 7, Block A, Plan 082
0340 from C1 - Commercial District to C3 -
Commercial District
September 14th 2016
2016-14
Amendment to the Land Use Bylaw Section
8.54 - Sea can Regulations
MD of Opportunity No. 17 | Land Use Bylaw 2013-14
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RECORD OF BYLAW AMENDMENTS
December 7th, 2016
2016-17
Calling Lake rezoning - Lot 6, Block 1, Plan
641NY from R1C - Residential District, to R1B
- Residential District.
2017
January 11th 2017
2016-18
Amendment to the Land Use Bylaw Section
8.54 (5) Sea can regulations
July 12th, 2017
2017-10
Sandy Lake Rezoning - Lot 1, Block 1, Plan
142 0533 and Lot 6, Block 1, Plan 142 0534
from R1C - Residential District to P -
Conservation District.
July 12th 2017
2017-13
Wabasca Rezoning - Lot 2, Block 1, Plan 902
0838 from R1A - Residential District to R1D -
Residential District.
July 26th 2017
2017-11
Calling Lake Rezoning - Lot 1, Block 11, Plan
902 0094 from C2 - Commercial District to R1D
Residential District and Lot 2, Block 11, Plan
902 0094 from R1D - Residential District to C2
- Commercial District.
Calling Lake ASP amendment classifying those
portions of Lot 1, Block 11, Plan 902 0094 from
Cultural/Recreational Policy Area to Residential
Policy Area and those portions of Lot 2, Block
11, Plan 902 0094 from Residential Policy Area
to Cultural/Recreational Policy Area.
July 26th, 2017
2017-14
Wabasca rezoning Lot 4, Plan 842 1714 from
R3 - Residential District to R1A - Residential
District.
August 23rd, 2017
2017-15
Sandy Lake rezoning Lot 75, Plan 832 1796
from R1C - Residential District to R1B -
Residential District
September 13th, 2017
2017-16
Calling Lake Rezoning - part of SW-17-72-21-
W4M from UR - Urban Reserve District to R1C
- Residential District
Calling Lake ASP amendment reclassifying part
of SW-17-72-21-W4M from Commercial Policy
Area to Residential Policy Area
MD of Opportunity No. 17 | Land Use Bylaw 2013-14
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RECORD OF BYLAW AMENDMENTS
November 8th, 2017 2017-19 Calling Lake Rezoning Lot 4, Block 16, Plan 792
1556 from R1C - Residential District to RR -
Recreation Residential District
2018
February 28th, 2018
2018-01
Wabasca Rezoning - Lot 1, Block 1, Plan 152
2516 from CH - Highway Commercial to M1 -
Industrial District
May 9th, 2018
2018-02 Wabasca Rezoning - Lot 7, Block 11, Plan 782
2447 from R1D - Residential District to C3 -
Commercial District
May 9th, 2018
2018-03 Amendment to Part 1.3 to a variety of definitions to
exclude cannabis production and distribution
facilities and cannabis retail sales.
Amendment to Part 1.3 to insert new definitions for
cannabis related items.
Amendment to Part 8 to include cannabis
production and distribution facilities and cannabis
retail sales regulations.
June 13th, 2018
2018-04 Red Earth Creek Rezoning - Lot 1D, Block A, Plan
892 1384 from CH - Highway Commercial District
to M1 - Industrial District.
Red Earth Creek ASP Amendment reclassifying
part of SE-11-87-9-W5M from Highway
Commercial Policy Area to Industrial Policy Area.
June 13th, 2018
2018-08 Amendment to Part 1.3 to insert a definition for
tiny house.
Amendment to Part 8 to include tiny house
regulations.
Deletion and replacement of Part 8.43(1)(b) and
8.43(3).
Amendment to Part 9.2 - 9.6 and 9.12 to include
tiny house as a discretionary use
MD of Opportunity No. 17 | Land Use Bylaw 2013-14
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RECORD OF BYLAW AMENDMENTS
June 26th, 2019
2019-04 Partial Plans Consolidation - Cancel Part of
&7.Subdivision Plan No. 062 2842; Block 4 Lots 6
2020
July 22nd, 2020 2020-06 Sandy Lake Rezoning - Lot 12, Plan 832 1796 -
Residential District to R1D - R1D Residential
Distrcit.
August 12th, 2020 2020-08 Wabasca Area Structure Plan
August 12th, 2020 2020-09 Red Earth Area Structure Plan
August 12th, 2020 2020-10 Calling Lake Area Structure Plan
2021
April 14th, 2021 2021-10 - Wabasca Rezoning - Plan 6765NY, Block 2 Lot
3 from R1A Residential to R3 Residential.
Revision to Part 9.2(4)(e), 9.3(4)(e), 9.4(4), 9.5(4),
and 9.6(4) to insert minimum floor area.
August 8th, 2018
2018-15 Wabasca Rezoning - Lot 2, Block 4, Plan 112
0660 from R1A - Residential District to RMH -
Manufactured Home Park District
December 14th, 2018
2018-26 Red Earth Creek Rezoning - Lots 2 & 3, Block 2,
Plan 902 0825 from M1 - Industrial District to R1D
- Residential District.
2019
April 11th, 2019
2019-01 Wabasca Rezoning - Lot 4, Block 1, Plan 192
0562 from R1D - Residential District to R3 -
Residential District.
MD of Opportunity No. 17 | Land Use Bylaw 2013-14
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RECORD OF BYLAW AMENDMENTS
2022
March 23rd, 2022 2022-01 - Amendment to the Sandy Lake Area Structure
Plan.
March 23rd, 2022 2022-04 - Sandy Lake Rezoning - Plan 832 1796, Lot 59
R1C Residential District to C3 Commercial District.
MD of Opportunity No. 17 | Land Use Bylaw 2013-14
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GUIDE TO USING THE MUNICIPAL DISTRICT OF OPPORTUNITY
NO. 17 LAND USE BYLAW
The Land Use Bylaw establishes the regulations on how land can be developed (that is,
how land can be used and buildings can be either constructed or moved) in the MD of
Opportunity. Regulations vary depending on the location and types of development.
Other Bylaws or regulations of the MD, Province, or Federal Government also have to
be followed.
There are several parts of the Land Use Bylaw that need to be examined to understand
how it works. Firstly, the Land Use Bylaw maps divide the MD into various Land Use
Districts. Secondly, the text of the Land Use Bylaw details the uses that are allowed in
each District. Thirdly, the text provides additional regulations that apply to certain uses
and/or within certain Districts. The following steps may assist the user:
1.
Locate the subject property on the Land Use District maps. These maps divide
the MD into various Land Use Districts. Each Land Use District has a
designation such as "E" for RESOURCE or "R1" for RESIDENTIAL. Take note
of which Land Use District the subject property is located in. Also note if the
subject property is affected by an Area Structure Plan which may modify some of
the uses and regulations of the Land Use Bylaw or impose additional regulations.
2.
Check the table of contents and locate the Land Use District you are interested
in. Each Land Use District is listed alphabetically starting in Part 9. In each
Land Use District you will find a list of permitted and discretionary uses,
subdivision regulations, development regulations and other miscellaneous
regulations. This determines how and what can be developed in any given Land
Use District. There are definitions in Part 1.3 that should also be consulted to
ensure that words and terms used in the Land Use Bylaw are understood.
3.
Review the table of contents to see if there might be any general regulations that
apply to the situation or use in question. For example, Part 7 describes the
enforcement procedure. Part 8.3 contains general regulations about ancillary
buildings and Part 8.22 contains general regulations about home occupations, to
name a few.
4.
Discuss your proposal/concern with the Lands and Planning Department staff.
MD staff are well trained and eager to assist you with your development/
subdivision or general inquiry issues and explain procedures. They can also
assist with other situations such as enforcement or a Land Use Bylaw
amendment.
NOTE: THIS PAGE IS INTENDED ONLY TO ASSIST USERS AND DOES NOT FORM PART OF THIS
BYLAW.
MD of Opportunity No. 17 | Land Use Bylaw 2013-14
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LAND USE BYLAW
Pursuant to the Municipal Government Act, R.S.A. 2000, as amended, the Council of
the Municipal District of Opportunity No. 17, duly assembled, herby enacts as follows:
PART 1 - GENERAL ADMINISTRATIVE PROCEDURES
1.1
TITLE
The title of this Bylaw shall be the Land Use Bylaw of the Municipal District of
Opportunity No. 17.
1.2
PURPOSE
The purpose of this Bylaw is to regulate the use and development of land and buildings
within the Municipal District to achieve the orderly and economic development of land,
and for that purpose, amongst other things:
(1)
to divide the Municipal District into districts;
(2)
to establish the Development Authority for the Municipal District;
(3)
to prescribe and regulate for each district the purposes for which land and
buildings may be used;
(4)
to establish a method of making decisions on applications for
development permits including the issuing of development permits;
(5)
to provide the manner in which notice of the issuance of a development
permit is to be given; and
(6)
to establish the number of dwelling units allowed on a parcel of land.
MD of Opportunity No. 17 | Land Use Bylaw 2013-14
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1.3
DEFINITIONS
For the purposes of this Bylaw:
"abut" or "abutting" means immediately contiguous or physically touching, and,
when used with respect to a lot or site, means that the lot or site physically
touches upon another lot or site, and shares a property line or boundary line with
it;
"accessory building" see "ancillary building";
"accessory use" see "ancillary use";
"Act" means the Municipal Government Act, R.S.A. 2000, as amended;
"adjacent land" means land that is contiguous to a particular parcel of land and
includes land that would be contiguous if not for a highway, road, river or stream;
Figure 1: Adjacent Land
"adult entertainment establishment" see "entertainment establishment,
adult";
"adult use" means any of the following: Adult Bookstore, Adult Motion Picture
Theater, Adult Paraphernalia Store, Adult Video Store, and Live Nudity
Establishment or any other business or establishment characterized by an
emphasis depicting, describing or related to sexual conduct or excitement. For
the purposes of this definition an adult use is any use or combination of uses
which either have greater than twenty-five percent (25%) of the subject
establishment's inventory stock; or twenty-five percent (25%) of the subject
MD of Opportunity No. 17 | Land Use Bylaw 2013-14
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premise's gross floor area, or 18.5 sq. m (200 sq. ft.), whichever is greater
devoted to materials for sale or rent distinguished by or characterized by their
emphasis depicting, describing, or relating to sexual conduct or sexual
excitement;
"agricultural industry" means an industrial activity involving the processing,
cleaning, packing or storage of the results from agricultural production.
Agricultural industry includes, but is not restricted to, seed cleaning and/or
processing plants, and grain elevators, but does not include the manufacture of
processed foods resulting from agricultural production or abattoirs;
"agricultural operation" means an agricultural operation as defined in the
Agricultural Operation Practices Act;
"agricultural production" means the production of an agricultural operation. It
shall also mean the agricultural product storage, service facilities and farmsteads
which relate to the individual farm unit;
"agroforestry" means the science and art of practicing and investigating both
agricultural and forestry activities on an area of land. Activities may include:
cultivating hybrid poplar, the establishment of an arboretum, planting of shelter-
belts combining the harvesting and growing of trees with pasturing for livestock,
or habitat enhancement for native wildlife species. Agroforestry does not include
cannabis production and distribution facilities or cannabis retail sales;
"airport" means:
(a)
any area of land or water, including the frozen surfaces thereof, or
other supporting surface used or intended to be used either in
whole or in part for the arrival and departure or servicing of aircraft,
and
(b)
includes any building, installation or equipment in connection
therewith, operated by the Department of National Defense or for
which an airport license has been issued by the Ministry of
Transport;
"amateur and small radio antennas" means a development that is intended for
transmitting or receiving radio communications signals from devices such as ham
radios, fleet dispatch systems, or private communications systems. Typical
amateur or small radio communications towers are short, usually no more than 3
m (9.8 ft.) taller than the adjacent buildings;
"amusement establishment, indoor" means a development providing
recreational facilities with table games and/or electronic games played by
patrons for entertainment. Major amusement establishments include billiard
parlours and electronic games arcades with tables and/or games and bowling
alleys;
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"amusement establishment, outdoor" means a development providing
recreational facilities outdoors played by patrons for entertainment. Outdoor
amusement establishments include but are not limited to the following uses:
amusement parks, go-cart tracks, and miniature golf courses. However, outdoor
amusement establishments do not include drive-in motion picture theatres,
carnivals or circuses;
"ancillary building" means a building separate and subordinate to the main
building and use which is incidental to the main building and is located on the
same parcel of land. An ancillary building to a residential use means a garage,
carport, shed, storage buildings, hobby greenhouse, sundeck, patio or balcony,
permanently installed private swimming pool or hot tub, and similar buildings.
Where an ancillary development is attached to the main building on a lot by a
roof or an open or enclosed structure, except carports where vehicular access to
the rear yard is not obstructed, said ancillary development is part of the main
building and not an ancillary building and shall, unless otherwise specified in this
Bylaw, adhere to the yard and other requirements for main buildings;
"ancillary use" means a use customarily incidental and subordinate to the main
use or building and is located on the same parcel of land with such main use or
building;
"animal hospital" means a building used by veterinarians primarily for the
purposes of the consultation, diagnosis and office treatment of household pets,
but shall not include long-term board facilities for animals nor kennels;
"apartment" means a dwelling containing three (3) or more dwelling units, with
shared entrance facilities;
"auctioneering establishment" means a development specifically intended for
the auctioning of goods and equipment, including the temporary storage of such
goods and equipment. Auctioneering establishments do not include flea
markets;
"automotive and equipment repair shop" means a development where
automobiles, motorcycles, snowmobiles and similar vehicles are serviced or
mechanically repaired and where related accessories and parts are sold and/or
installed. Automotive and equipment repair shops include transmission shops,
muffler shops, tire shops, automotive glass shops, and upholstery shops, but not
body repair or paint shops;
"automotive and recreational vehicle sales/rentals establishment" means a
development where new or used automobiles, trucks, motorcycles, snowmobiles,
tent trailers, boats, travel trailers, or similar recreational vehicles or craft are sold
or rented, together with incidental maintenance services and sale of parts.
Automotive and recreational vehicle sales/rental establishments include
automobile, recreational vehicle, and motorcycle dealerships and rental
agencies;
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"basement" means the portion of a development which is wholly or partially
below grade, having above grade no more than 1.8 m (6.0 ft.) of its clear height
lying below the finished level of the floor directly above;
"Bareland Condominium" means a condominium development containing
Bareland Condominium Units, created specifically through subdivision and
registered as a condominium plan in accordance with the Condominium Property
Act, RSA 2000, c. 22.
"Bareland Condominium Unit" means a bare land unit as defined in the
Condominium Property Act, RSA 2000, c. 22.
"bed and breakfast establishment" means a development within a dwelling
which possesses a dwelling unit, where temporary sleeping accommodations, up
to a maximum of three (3) bedrooms, with or without meals, are provided for
remuneration to members of the public. A bed and breakfast establishment shall
include a boarding house;
"boarding house" means a building or portion thereof where meals are served
for a remuneration involving no more than four (4) bedrooms, exclusive of the
occupant and their immediate family. For the purposes of this Bylaw, boarding
houses shall not include an eating or drinking establishment, a drive-in
restaurant, a refreshment stand, or other similar use;
"building" includes anything constructed or placed on, in, over or under land but
does not include a highway or road or a bridge that forms part of a highway or
road;
"bulk fuel storage and sales" means lands, buildings and structures for the
storage and distribution of fuels and oils including retail sales and key lock
operations;
"business support services establishment" means a development providing
support services to businesses. Business support services establishments are
characterized by one or more of the following features: 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; or the sale, rental, repair or servicing of office
equipment, furniture and machines. Business support services establishments
include printing establishments, film processing establishments, janitorial firms,
and office equipment sales and repair establishments;
"cabin" means a one room building intended for short term occupancy. A cabin
normally does not include a full kitchen or bathroom facilities and is not
connected to services (sanitary, water, electrical). A cabin is not considered a
dwelling unit;
"campground" means a development where tents are erected and/or
recreational vehicles are parked for the purpose of overnight or short term
accommodation. A campground includes any building, structure, tent, vehicle or
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enclosure ancillary to the main use that is located on the land and used as an
integral part of the campground such as washhouses, gazebos, picnic shelters,
etc.;
"cannabis" means cannabis plant, fresh cannabis, dried cannabis, cannabis oil
and cannabis plant seeds and any other substance defined as cannabis in the
Cannabis Act (Canada) and its regulations, as amended from time to time and
includes edible products that contain cannabis.
"cannabis accessory" means cannabis accessory as defined in the Cannabis
Act (Canada) and its regulations, as amended from time to time.
"cannabis lounge" means a development where the primary purpose of the
facility is the sale of cannabis to the eligible public, for the consumption within the
premises that is authorized by provincial or federal legislation. This does not
include cannabis production and distribution;
"cannabis retail sales" means a retail store licensed by the Province of Alberta
where non-medicinal cannabis and cannabis accessories are sold to individuals
who attend at the premises;
"cannabis production and distribution facility" means a development used
principally for one or more of the following activities relating to cannabis:
(a)
The production, cultivation, harvesting, and growth of cannabis;
(b)
The processing, trimming, drying, and curing of raw materials;
(c)
The making, testing, manufacturing, assembling, packaging or in
any way altering the chemical or physical properties of semi-
finished or finished cannabis goods or products;
(d)
The storage or shipping of materials, goods, or products, or;
(e)
The distribution and sales of materials, goods, and products to
cannabis retail stores or to individual customers.
"caretaker/security residence" see "surveillance suite";
"car wash" means a facility for the washing of private non-commercial vehicles
"carport" means a roofed structure used for storing or parking not more than
two (2) vehicles and which has not less than forty percent (40%) of its total
perimeter open and unobstructed;
"carrier" means a company or applicant that provides wireless commercial or
essential institutional communications services;
"cemetery" means development of land for the interment or entombment of the
deceased, and may include, at the discretion of the Development Authority,
crematoriums, mausoleums and memorial parks or a religious assembly, and
one attached or separate manse;
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"co-location" means locating on a site and tower with other Wireless
Communications Operators;
"commercial use" means a business through which products, services, or
entertainment are available to consumers, whether the general public or other
commercial establishments, and does not include the manufacturing of products.
Commercial
use
shall
include
animal
hospitals,
bed
and
breakfast
establishments, business support services establishments, campgrounds, drive-
in businesses, drive-in restaurants, eating and drinking establishments,
entertainment establishments, general retail stores, greenhouses, health
services, highway commercial uses, hotels, marinas, office uses, personal
service shops, recreation camps, recreational vehicle campground, and resorts.
Commercial use does not include cannabis retail sales;
"confined feeding operation" means a confined feeding operation as defined
in the Agricultural Operation Practices Act;
"contractor service, limited" means a development where electrical, plumbing,
heating, painting and similar contractor services are provided, primarily to
individual households, and where goods normally associated with the contractor
service may be stored and sold, where all materials are kept within an enclosed
building, and where there are no ancillary manufacturing activities or parking or
storage of more than four (4) vehicles;
"contractor service, general" means a development where building, concrete,
landscaping, electrical, excavation, drilling, heating, plumbing, paving, road, oil
field, pipeline, or similar services of a construction or services nature are
provided, which have on-site storage of materials, construction equipment, or
vehicles normally associated with the contractor service, and which is not a
limited contractor service. Any sales, display, office or technical support service
areas shall be ancillary to the main use only;
"corner lot" means a lot having boundary lines on two or more roads or
highways, or with a road and a highway, at their intersection or junction. Corner
lot also means a lot having a boundary line at a point where a road or highway
changes direction by a minimum of 45 degrees within the boundaries of the lot;
"cottage" means a seasonally-used single family dwelling, but does not include
a manufactured home;
"Council" mean the Council of the Municipal District of Opportunity No.17;
"country residence" means a single family dwelling, modular or a manufactured
home located in the Resources (E) District, which is situated on a lot used solely
for residential purposes and ancillary uses. The dwelling may be occupied
permanently or seasonally;
"coverage" means the sum of the ground floor areas of all buildings on a lot
divided by the area of the lot;
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"date of issue" means the date on which the notice of a decision of the
Development Authority is published, or five (5) days after such a notice is mailed;
"day care facility" means a provincially licensed development providing daytime
personal care, maintenance and supervision to seven (7) or more children under
the age of eleven (11) years, by persons unrelated to the children by blood or
marriage, but does not include overnight accommodation. Day care facilities
include day care centres, day nurseries, kindergartens, nursery school, and play
schools and after school or baby-sitting programmes which satisfy this definition.
Day care facilities shall not include a day home, a family care facility, a group
care facility, or a school operated by a School Division;
"day home" means a development operated from a dwelling supplying
supervision to a maximum of six (6) children under the age of eleven (11) years
or senior citizens, including any resident children and seniors, for periods of
more than three (3) but no more than fourteen (14) consecutive hours. A day
home may supply an outside recreation space that is both fenced and gated, and
shall meet all fire regulations and health regulations;
"deck" means any open structure attached to a building having a height greater
than 0.6 m (2.0 ft.) above grade, and thereby requiring stairs and railings as
outlined in regulations approved under the Safety Codes Act. A deck shall not
have walls higher than 1.25 m (4.1 ft.);
"density" means a measure of the average number of persons or dwelling units
per unit of area;
"developer" means an owner, agent or any person, firm or company required to
obtain or having obtained a development permit;
"development" means:
(a)
an excavation or stockpile and the creation of either of them, or
(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, or
(c)
a change of use of land or a building or an act done in relation to
land or a building that results in or is likely to result in a change in
the use of the land or building, or
(d)
a change in the intensity of use of land or a building or an act done
in relation to land or a building that results in or is likely to result in
a change in the intensity of use of the land or building;
and without restricting the generality of the foregoing, includes:
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(i)
in the case of a lot used for residential purposes, alterations
made to a building or an additional building on the lot whether
or not the building is a dwelling or part of a dwelling unit,
(ii)
in the case of a lot used for other than residential purposes,
alterations or additions made to a building on the lot or a use of
the lot which would increase either the capacity of the building
or the intensity of use of the lot,
(iii)
the display of advertisements or signs on the exterior of a
building or on any land,
(iv)
the deposit of earth, debris, waste materials, refuse, or any
other material on any land, including land already being used
for that purpose, or if the natural topography or drainage is
altered,
(v)
any increase in the number of households occupying and
living in any building or on any site, and any construction or
alterations or additions which would provide for an increase
in the number of households which could occupy and live in
any building or on any site, including any increase in the
number of dwelling units in a building or on a site,
(vi)
the placing of refuse or waste material on any land,
(vii)
the use of land for the storage or repair of motor vehicles or
other machinery or equipment,
(viii)
the continued use of land or of a building for any purpose for
which it is being used unlawfully when this Bylaw comes into
effect,
(ix)
the demolition or removal of a building,
(x)
the placement of an already constructed or a partially
constructed building on a parcel of land,
(xi)
the use of land for the parking of trailers, bunk houses,
portable dwellings, skid shacks, or any other type of portable
building whatsoever, whether or not the same has been
placed or affixed to the land in any way,
(xii)
the removal of topsoil from land,
(xiii)
the recommencement of the use to which land or a building has
been previously put if that use has been discontinued for a
period of more than six months, or
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(xiv)
the use of land for storage purposes or for the repair of
equipment, vehicles or other kinds of machinery;
"development authority" means the development authority of the Municipal
District as established by this Bylaw;
"development authority officer" means the development authority officer of the
Municipal District as established by this Bylaw;
"development permit" means a document authorizing a development issued
pursuant to this Land Use Bylaw;
"discontinued" means the time at which, in the opinion of the Development
Authority, substantial construction activity or use, whether conforming or not
conforming to this Bylaw, has ceased;
"discretionary use" means the use of land or a building provided for in this
Land Use Bylaw for which a development permit may be issued upon an
application having been made;
"domestic pets" means animals which are not livestock as defined in the
Agricultural Operation Practices Act and which are often kept within a dwelling
unit. Such animals include dogs, cats, small birds and similar animals;
"drinking establishment" means a development possessing a Class A Minors
Prohibited liquor license, where the sale and consumption of liquor on site are
open to the public and where alcohol, rather than food, is the predominant item
consumed. A drinking establishment does not include an entertainment
establishment or cannabis lounge;
"drive-in business" means a development which serves customers traveling in
motor vehicles driven onto the site where such business is carried on, where
normally the customer either remains in the vehicle for service, or parks the vehicle
for a short period for the purpose of doing business at the premises. Drive-in
businesses include service stations, gas bars, drive-in restaurants, drive-through
vehicle service establishments such as lubrication shops, recycling depots, and car
washes;
"drive-in restaurant" means an eating and drinking establishment which is
designed as a drive-in business. Drive-in restaurants may have one or more of the
following features: car attendant services, drive-through food pickup services, or
parking primarily intended to allow for the on-site consumption of food within a motor
vehicle;
"duplex " means a dwelling containing two (2) dwelling units which share a
common wall, and which are located in part or in whole one above the other;
"dwelling" means any building used exclusively for human habitation. This
definition shall include single family dwellings, duplexes, semi-detached
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dwellings, row housing, apartments, and manufactured homes. The following
figures illustrate different dwelling types;
Single family
dwelling
Figure 2: Single Family Dwelling
Manufactured
Home
Figure 3: Manufactured Home
Modular Home
Figure 4: Modular Home
Duplex
Figure 5: Duplex
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Semi-detached
Figure 6: Semi-Detached Dwelling
Four-plex
Figure 7: Four-plex
Row Housing
Figure 8: Row Housing
Apartment Building
Figure 9: Apartment Building
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Surveillance Suite
Figure 10: Surveillance Suite
Workcamp
Figure 11: Workcamp
Garage Suite
Figure 12: Garage Suite
Garden Suite
Figure 13: Garden Suite
"dwelling unit" means a complete dwelling or self-contained portion of a
dwelling, set or suite of rooms which contains sleeping, cooking and separated
or shared toilet facilities, intended for domestic use, and used or intended to be
used permanently, semi-permanently, or seasonally as a residence for one (1)
household, and which, except for a secondary suite, is not separated from direct
access to the outside by another separate dwelling unit;
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"eating and drinking establishment" means a development where food and/or
beverages are prepared and offered for sale to the public, for consumption within
the premises, at an ancillary outdoor seating area on the site, or off the site. An
eating and drinking establishment does not include either a drinking establishment
or an entertainment establishment unless otherwise provided for in an approved
development permit. An eating and drinking establishment does not include
cannabis lounge;
"entertainment establishment" means a development where persons are
entertained by music, theatre, or the like. An entertainment establishment includes
theatre, dancing or cabaret entertainment, whether recorded or live. An eating and
drinking establishment may contain within it an entertainment establishment, but
only if specifically provided for in an approved development permit. An
entertainment establishment does not include cannabis lounge;
"entertainment establishment, adult" means an establishment which provides
live entertainment for its patrons, which includes the display of nudity;
"equipment rental establishment" means a development where tools,
appliances, recreation craft, office machines, furniture, light construction
equipment, or similar items are rented and serviced. Equipment rental
establishments do not include developments where motor vehicles or industrial
equipment are rented or serviced;
"established grade" means the average of the highest (A) and lowest (B)
elevation of finished surface of the ground where it meets the exterior main walls
of a building or the average elevation of the finished grade of the ground
immediately surrounding a structure, exclusive in both case of any artificial
embankment or entrenchment (see figure 14).
Figure 14: Established Grade
"excavation" means any breaking of ground, except common household
gardening and ground care;
"extensive agriculture" means the use of land or buildings, including one
dwelling, for an agricultural operation, but not including intensive agriculture or a
confined feeding operation which requires either a registration or an approval
under Part 2 of the Agricultural Operations Practices Act. Extensive agriculture
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does not include cannabis production and distribution facilities. This definition
shall include agroforestry;
"extensive recreation" means a development where the prime reason for location
is to take advantage of natural features including the availability of large areas of
land to provide for non-facility oriented recreational activities. In the context of a
large area of land, that is, anything over 32 ha (79.1 ac.), extensive recreation may
include such activities as hunting, trail riding, snowmobiling, hiking and other similar
uses. In the context of a smaller area of land, that is, anything under 32 ha (79.1
ac), extensive recreation may include the provision of opportunities for viewing
nature, fishing, relaxation, and rest, and may or may not include a site where only
one or two recreational vehicles or campsites may be located, and/or one cottage,
single family dwelling or manufactured home;
"exterior wall" means the outermost point of a building projection, including, but
not limited to, bay windows, oval windows, bow windows, chimneys and
verandas, but not including roof overhangs less than 0.6 m (2.0 ft.);
"family" means an individual or group of persons, related by marriage,
cohabitation, blood or adoption, residing in one dwelling unit and includes
domestic servants, non-paying guests, foster children and not more than three
(3) roomers or boarders.
"family care facility" means a facility which provides resident service in a
dwelling to six (6) or fewer individuals who are not related to the resident
household. These individuals are physically handicapped, aged, or disabled,
and in need of adult supervision for those reasons and are provided service and
supervision in accordance with their individual needs. This category includes
foster or boarding homes for children, but not group homes;
"farm building" means the first dwelling unit and other improvements used in
connection with an agricultural operation;
"farmstead" means the habitable residence and other improvements used in
connection with an agricultural operation, and situated on an unsubdivided
quarter section used in connection with such agricultural operation;
"fence" means a vertical physical barrier constructed to try to reduce sound or
visual intrusion or to limit unauthorized access;
"floor area" means the total area of all floors of a building above grade within
the outside surface of exterior walls or within the glass-line of exterior walls and
the centreline of fire walls, but not including the floor area of basements,
attached garages, sheds, open porches or breezeways, except that all dwelling
units in an apartment shall be included in the calculation of floor area;
"floor/area ratio" means the ratio or decimal resulting from dividing the floor
area of all buildings by the total site area of the parcel on which the buildings are
located;
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"four-plex" means a building containing four dwelling units, the dwelling area of
one being located above or beside the dwelling area of the others, either in
whole or in part, each with a separate private entry;
"fragmented parcel" means a parcel that is separated from the balance of a
quarter section or a part of a quarter section by a natural barrier such as a river
or a coulee, or by a physical barrier such as a road or highway;
"portable sign" see "sign, portable"
"front line" means the boundary line of a lot lying adjacent to a highway or road.
In the case of a corner lot, the shorter of the two boundary lines adjacent to the
highway or road shall be considered the front line.
"front yard" means a yard extending across the full width of a lot from the front
line of the lot to the nearest wall of the main building situated on the lot. For the
purposes of lakefront lots, the front line of the lot shall be considered to be
closest to the lake;
"fur farm" means any land, building, or premises used for the keeping, breeding, or
rearing of furbearing livestock;
"game farming" means an agricultural operation or a confined feeding
operation, including the first dwelling, for the raising of livestock for gain or profit
except for the raising of cattle, dairy cattle, pigs, calves, horses, poultry (including
turkeys, geese and ducks), sheep, or goats;
"garden suite" see "suite, garden"
"garage suite" see "suite, garage"
"garage" means a building to be used for the storage of vehicles such as a
passenger car, a truck with a gross vehicle weight of 2 tonnes or less, a recreational
vehicle, a boat, or similar chattels;
"general retail establishment" means a development where, among other
goods, groceries, beverages, household goods, furniture, appliances, home
improvement supplies, hardware, printed matter, confectionary, tobacco,
pharmaceutical, personal care items, automotive parts and accessories,
electronic equipment, recordings, office equipment, stationary, second hand
goods, and similar goods are bought, rented, and/or sold, except for any and all
types of alcoholic beverages or cannabis. Minor public services, such as postal
services and film processing depots may also be provided;
"government services" means a development where municipal, provincial, or
federal government services are provided directly to the public. Government
services do not include protective and emergency services, major and minor
utility services, and public education facilities. Government services may include
government administration offices, courthouses, postal distribution offices,
manpower and employment offices and social services offices;
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"grade" means the ground level adjacent to the exterior walls of a building. If
the ground is not entirely level, the grade shall be the average of the elevation of
the ground around the perimeter of the building;
"greenhouse" means a commercial establishment, with or without a building, where
vegetables, flowers and other plants are grown for sale as plants, and which may
include a market garden or plant nursery. Greenhouse does not include cannabis
production and distribution facilities;
"golf course" means the golf playing area and ancillary buildings and uses related
to the playing of the game of golf and, without restricting the generality of the
foregoing, includes pro shop, club house, eating and drinking establishment, driving
range and ancillary uses;
"grid roads" includes all Government Road Allowances in the Municipal District,
and also includes all forced roads, other than those identified as major or minor
two-lane highways in the Municipal District's Municipal Development Plan;
"group care facility" means a facility which provides resident services to seven
(7) or more individuals of whom one or more may be related. These individuals
are physically handicapped, aged, or disabled, and in need of adult supervision
for those reasons and are provided service and supervision in accordance with
their individual needs. This category includes foster or boarding homes for
children, but not group homes;
"group home" means a building or portion of a building used for the care or
rehabilitation or adults or children which is not predominantly related to age or a
physical disability or the care or rehabilitation of the aged or the physically
disabled. Group homes include halfway houses, addiction rehabilitation centres,
care which is an alternative to legal incarceration, or treatment for mental illness
or mental instability;
"guest house" means an ancillary building to a single family dwelling, which
contains a temporary dwelling unit or part of a dwelling unit which is used solely by
members of the family or by temporary guests of the family occupying the single
family dwelling;
"hamlet" means any area declared by a Council bylaw to be a hamlet;
"health service" means a development where physical or mental health
services are provided on an out-patient or on an in-patient basis. If the services
are provided on an in-patient basis, health service may include room and board
for the sick, injured, or infirm, and may also include ancillary staff residences.
Such services may be of a preventative, diagnostic, treatment, therapeutic,
rehabilitative, or counseling nature. Health services may include but are not
limited to: medical, chiropractic, and dental offices, health clinics and counseling
services, hospitals, sanitariums, nursing homes, convalescent homes, isolation
facilities, psychiatric hospitals, auxiliary hospitals, and detoxification centres;
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"heavy industrial use" see "industrial use, heavy;
"heavy truck and equipment storage" means the on-lot storage, inside a single
ancillary building, of heavy trucks and equipment owned and operated by a resident
or residents of the single family dwelling or manufactured home situated on the
same lot. The storage building for these purposes, which may be allowed in addition
to a vehicle garage and other ancillary buildings not related to heavy truck and
equipment storage use, shall be no larger than 300 m2 (3,229 ft. 2) and be designed
to match or complement the single family dwelling, modular or manufactured home
to the satisfaction of the Development Authority;
"height" means, when used in relation to a building, the vertical distance
between the grade and the highest point of a building that is not a stairway
entrance, a ventilating fan, a skylight, a chimney, a smoke stack, a fire wall, or a
flagpole, or similar device not structurally essential to the building;
Figure 15: Height of a Building
"highway" means a highway as defined in the Public Highways Development Act,
R.S.A. 2000;
"highway commercial" means a commercial use intended to serve the motoring
public and includes, but is not limited to, service or gas stations, drive-in restaurants,
and motels. Highway commercial does not include cannabis retail sales;
"home occupation" means any occupation, trade profession, or craft carried on
by an occupant of a dwelling as a use secondary to the residential use of the
building, and which does not change the character of or have any exterior
evidence of such secondary use other than a sign as allowed in this Bylaw. For
the purposes of this Bylaw, home occupations are divided into two sub-
classifications - major home occupations and minor home occupations - with
specific regulations for each as indicated in this Bylaw. A minor home
occupation does not include any business which would normally attract more
than five (5) clients per week, or the employment at the dwelling or ancillary
buildings of any paid assistant, other than the occupants of the dwelling. A major
home occupation may include a business which would normally attract more than
five (5) clients per week, but does not include the employment at the dwelling or
ancillary buildings of more than two (2) paid assistants, other than the occupant
and the occupant's family. Minor home occupation and major home occupations
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do not include cannabis production and distribution facilities or cannabis retail
sales;
"hotel" means a building containing rentable units, occupied or equipped to be
occupied as a temporary abode for tourists or transients, which also may contain a
general retail establishment, a drinking establishment, or an eating and drinking
establishment; however, a hotel shall not include an entertainment establishment
unless specifically provided for in an approved development permit. A hotel shall
not include a workcamp;
"household" means:
(a)
a person, or
(b)
two (2) or more persons related by blood, marriage, a common law
relationship, or adoption, or
(c)
a group of not more than five (5) persons who are not related by
blood, marriage, or adoption,
all living together as a single housekeeping group and using cooking
facilities shared in common. A household may also include bona fide
servants, up to three (3) boarders or lodgers, or up to four (4) foster
children;
"household repair service" means a development where goods, equipment
and appliances normally found within a dwelling unit may be repaired.
Household repair services include radio, television, appliance and electronics
repair shops, and furniture refinishing and upholstery shops, but not personal
service shops. Household repair services do not have any outdoor storage;
"indoor recreation facility " means a development for sports and active
recreation within an enclosed building. Indoor recreation facilities include such
facilities as ice arenas, gymnasiums, curling rinks, swimming pools, and similar,
though smaller, facilities. As well, indoor recreation facilities may also include
meeting rooms and eating and drinking establishments as ancillary uses;
"industrial hemp production facility" means the use of land, buildings, or
structures licensed and/or authorized to possess, sell, provide, ship, deliver,
transport, destroy, produce, export and/or import industrial hemp, including
related research, under the Industrial Hemp Regulations (SOR/98-156), as
amended, or any subsequent legislation that may be enacted in substitution. This
does not include cannabis retail sales or cannabis production and distribution
facility;
"industrial hemp production facility premises" means a location registered
under the Industrial Hemp Regulations (SOR/98-156) or as amended, as a
licensed hemp production facility and includes all areas of the site that are used
in the business operated at the site, including offices, kitchens, washrooms,
storerooms and including all public and private areas and the landscaped areas
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located outside of the building or buildings, which accommodate the primary
activities of the licensed industrial hemp production facility. This does not include
cannabis retail sales or cannabis production and distribution facility;
"industrial use, heavy" means a development which would be considered to be
a light industrial use except that, in the opinion of the Development Authority, the
development may not be able to co-exist compatibly in proximity to other uses or
population concentrations due to: the potential for an adverse environmental
impact beyond the immediate site of the medium industrial use; the potential for
significant toxic or noxious by-products such as air or water-born emissions; or
the potential to emit significant noise, smoke, dust, odour, vibration, etc., which
may be offensive or hazardous to human health, safety or well-being. Heavy
Industrial uses also include: the storage of toxic, flammable or explosive
products in significant quantities; rendering plants, petro-chemical industrial
establishments, and alfalfa processing plants or large-scale outdoor storage that
is unsightly or visually offensive. Heavy industrial use does not include cannabis
production and distribution facilities;
"industrial use, light" means a development which, in the opinion of the
Development Authority, may be able to co-exist compatibly in proximity to other
uses or population concentrations. Light industry is usually less capital intensive
than heavy industry, and is more consumer-oriented than business-oriented.
Light industries require only a small amount of raw materials, area and power.
For further clarification it means where:
(a)
raw materials are processed, and/or
(b)
semi-finished or finished goods, products or equipment are
manufactured and/or assembled, and/or
(c)
materials, goods and equipment normally associated with industrial
or commercial business are cleaned, serviced, repaired, salvaged,
and/or tested, and/or
(d)
goods and equipment associated with personal or household use
are cleaned, serviced, and/or repaired, and/or
(e)
materials, goods and equipment are stored and/or tran-shipped,
and/or
(f)
materials, goods and equipment are distributed and/or sold to
institutions and/or industrial and commercial businesses for their
direct use and/or to general retail establishments and/or other retail
establishments for resale to individual customers, and/or
(g)
personnel are trained in general industrial operations,
in such a manner, in the opinion of the Development Authority, that an adverse
environmental impact is not created beyond the immediate site of the general
industrial use, which does not produce significant toxic or noxious by-products,
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and which is compatible with other industrial and commercial uses in a
concentrated setting. General industrial uses include motor vehicle body and
paint shops, but do not include the preparation of food and/or beverages for
direct sale to the public Light industrial uses do not include cannabis production
and distribution facilities or cannabis retail sales.
Any indoor display, office, technical or administrative support areas or any retail
sale operations shall be accessory and subordinate to the general industrial use
activities identified above. The floor area devoted to such accessory activities
shall not exceed a total of thirty-three percent (33%) of the total floor area of the
building or buildings devoted to the general industrial use, except that this
restriction shall not apply where, in the opinion of the Development Authority, a
significant portion of the industrial activity naturally and normally takes place out
of doors;
"industrial use, medium" means a development which may include indoor or
outdoor storage and in the opinion of the Development Authority, the
development may not be able to co-exist compatibly in proximity to other uses or
population concentrations due to: the potential for on-site adverse environmental
impacts; the potential for significant toxic or noxious by-products which may be
offensive or hazardous to human health, safety or well-being; the storage of
toxic, flammable or explosive products in small quantities; or large-scale outdoor
storage that is unsightly or visually offensive. Medium industrial uses may include
manufacturing, transportation, warehousing; distribution, and utilities. Medium
industrial uses do not include cannabis production and distribution facilities;
"industrial vehicle and equipment sales/rentals establishment" means a
development where new or used heavy vehicles, machinery or mechanical
equipment typically used in building, roadway, pipeline, oilfield, and mining
construction, manufacturing, assembling, and processing operations and/or
agricultural operations are sold or rented, together with incidental maintenance
services and sale of parts. Industrial vehicle and equipment sales/rental
establishments do not include truck and recreational vehicle sales/rental
establishments or automotive and minor recreational vehicles sales/rental
establishments;
"in-law suite" see "suite, in-law"
"institutional use" includes but is not limited to hospitals, public offices,
educational facilities, religious assemblies, libraries and senior citizen housing;
"intensive agriculture" means an agricultural operation which operates on an
intensive basis. Without restricting the generality of the foregoing, this shall
include nurseries, greenhouses, and kennels, but not confined feeding
operations or cannabis production and distribution facilities;
"intensive recreation" means high density recreational activities such as
campgrounds, picnic grounds, fishing lodges, beach areas, marinas, riding stables,
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race tracks, sports fields, golf courses, arenas, swimming pools, tennis courts and
other similar activities;
"internal local roads" includes all roads within subdivisions, and all service roads
adjacent to highways;
"kennel" means a development in which more than four (4) domestic pets over six
(6) months in age are maintained, boarded, bred, trained or cared for or kept for
purposes of sale;
"lake" means a body of water, free from large quantities of aquatic vegetation,
and characterized by relatively large open water and deep water zones
compared with the shore zone; and, as defined by the Council of the Municipal
District of Opportunity No. 17;
"lake front lot" means a lot either adjacent to a lake or adjacent to a Reserve
parcel which is adjacent to a lake;
"landfill" means a disposal site employing an engineering method of disposing
of solid wastes in a manner that minimizes environmental hazards. A landfill
shall be owned by either a municipal corporation or agency or by a municipally-
owned corporation or agency;
"landscaping" means lawns, trees, shrubs, ornamental plantings, fences,
walks, or other structures and materials used in modern landscape architecture;
"lane" means a right-of-way on which motorized vehicles are normally allowed to
operate which is 10 m (32.8 ft.) or less in width;
"lattice tower" means a non-solid structure made up of vertical, horizontal and
diagonal members assembled in triangular or square faced sections that can be
stacked to obtain height. The structure can stand by itself (self-supporting), on a
foundation, or it may be of the type requiring supporting assistance of cables (guyed
tower)
"library and cultural exhibit" means a development where literary, artistic,
municipal and/or similar reference materials in the form of books, manuscripts,
recordings and films are stored, collected, available, and distributed for public
use, viewing, or enjoyment; or a development where works or objects of
historical, scientific or artistic value are collected, preserved and exhibited to the
public. Libraries and cultural exhibits includes libraries, museums, and art
galleries;
"light industrial use" see "industrial use, light"
"liquor store" means a development or a part of a development used for the retail
sale of any and all types of alcoholic beverages to the public for consumption off
premises. This use may include the retail sales of related products such as soft
drinks and snack foods. A liquor store development does not include cannabis retail
sales;
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"livestock" means livestock as defined in the Agricultural Operation Practices
Act;
"livestock sales yard" means any enclosed area of land, with or without ancillary
buildings or structures, upon which livestock is collected for sale or for market
distribution;
"living quarters" means the developed area within a dwelling but does not
include basement, garage or carport, patio, or atrium;
"lot" means
(a)
a quarter section,
(b)
a river lot, lake lot, or settlement lot shown on an official plan
referred to in the Surveys Act that is filed or lodged in a Land Titles
Office,
(c)
a part of a parcel of land described in a certificate of title if the
boundaries of the part are described in the certificate of title other
than by reference to a legal subdivision, or
(d)
a part of a parcel of land described in a certificate of title if the
boundaries of the part are described in the certificate of title by
reference to a plan of subdivision;
"lot width" means the length of a line parallel to the front line or, in a lot with a
curved front line, perpendicular to a line running between the mid-point of the
front line and the mid-point of the rear line, measured at a distance from the front
line equal to the minimum required front yard;
"main building" means the primary building or buildings used on the lot and
associated with the main use;
"main use" means the primary purpose or purposes for which a building or lot is
used;
"maintenance" means the upkeep of the physical form of any building which
does not require a permit pursuant to the Safety Codes Act. Maintenance will
include painting, replacing flooring, replacing roofing materials, but will not
include any activity that will increase the habitable floor area of any dwelling unit
or the internal volume of any building;
"major two-lane highway" means a road or highway identified as a major two-
lane highway in the Municipal District's Municipal Development Plan;
"manufactured home" means a single family dwelling, manufactured in full
compliance with both the Canadian Standards Association (CSA) Z-240 MH
National Mobile Home Standard and the Alberta Building Code (ABC), bearing a
prominently displaced CSA Z240MH Mobile Home label AND an Alberta
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Municipal Affairs label that certifies compliance to the ABC. Notwithstanding the
requirement regarding labels, should a building not have a label, it can still be
considered a manufactured home for the purposes of this Bylaw should the
inspection and upgrading procedures outlined in Section 8.31 of this Bylaw be
followed. A manufactured home is normally constructed off-site and then
transported to its site. Upon arriving at the site for location, apart from incidental
operations such as placement on a foundation and connection of utilities, it is
ready for year round use as a dwelling for one household. However, a
manufactured home may be entirely constructed on-site. Additionally, to be
considered a manufactured home, a dwelling with one dwelling unit shall have a
roof pitch of less than 1:4, or a depth of eaves of less than 45 cm (18 in.), or a
ratio of depth vs. width (or width vs. depth) of more than 2.5:1, not including
porches or other additions, or not be supported on a permanent foundation or
base extending below grade;
"manufactured home park" means a parcel of land under single ownership
which has been planned and divided into rentable spaces or lots for the long
term accommodation of manufactured homes;
"manure storage facility" means a manure storage facility as defined in the
Agricultural Operation Practices Act;
marina" means a development where boats and boat accessories are berthed,
stored, serviced, repaired or kept for sale or rent, and where facilities for the sale of
marine fuels and lubricants may be provided;
"may" is an operative word meaning a choice is available, with no particular
direction or guidance intended;
"medicinal cannabis" means cannabis prescribed by a health care practitioner
as defined by provincial or federal legislation;
"medical cannabis clinic" means any business or enterprise whether or not
operated for profit intended to serve as a means of distributing or providing
cannabis for medical purposes as defined by provincial or federal legislation;
"medium industrial" see "industrial use, medium"
"minor two-lane highway" means a road or highway identified as a minor two-
lane highway in the Municipal District's Municipal Development Plan;
"mobile home" see "manufactured home"
"modular home" means a single detached dwelling constructed in large
sections, away from the home site, and under controlled conditions. It does not
refer to a type of dwelling but rather to a method of construction, and does not
include manufactured or mobile homes;
"motel" means a development where members of the travelling public are
lodged for brief periods of time, in rentable units, and where access to each of
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the rentable units is individually available from grade, either at grade or via
stairways. A motel may include minor eating and drinking establishments and
convenience retail stores, but shall not include a liquor store, an entertainment
establishment, or an establishment where there is a dance floor. A motel shall
not include a workcamp;
"Municipal Planning Commission" means the Municipal Planning Commission
established by Council Bylaw;
"municipality" means the Municipal District of Opportunity No. 17;
"must" is an operative word, which means, similarly to the word shall, that an action
is imperative or mandatory;
"natural area" means an area of land and/or water especially dedicated to the
protection and maintenance of biological diversity, and of natural and associated
cultural resources, and managed through legal or other effective means. Areas
such as groomed parks, recreational areas for sports, and schoolyards are not
included in this definition.
"natural resource extraction industry" means an industry engaged in the
extraction of natural resources such as trees, clay, sand, gravel, limestone, shale,
coal, and other minerals including petroleum and natural gas and which may include
bringing these resources together with other elements such as power or water into
integrated processes for the purpose of primary treatment into a marketable form;
"neighbourhood commercial development" means a development where
goods and services required by area residents or employees on a day to day
basis are provided, bought or sold. The gross leasable area of a neighbourhood
commercial development shall not exceed 275.0 m2 (2,960 ft2). Neighbourhood
commercial developments include small food stores, drug stores, and variety
stores selling confectionary, tobacco, groceries, beverages, pharmaceutical and
personal care items, hardware, and/or printed matter as well as small personal
service shops. Neighbourhood commercial development does not include
cannabis retail sales;
"non-conforming building" means a building:
(a)
that is lawfully constructed or lawfully under construction at the date
a land use bylaw affecting the building or the land on which the
building is situated becomes effective, and
(b)
that on the date this land use bylaw becomes effective does not, or
when constructed will not, comply with this land use bylaw;
"non-conforming use" means a lawful specific use:
(a)
being made of land or a building or intended to be made of a
building lawfully under construction, at the date a land use bylaw
affecting the land or building becomes effective, and
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(b)
that on the date this land use bylaw becomes effective does not, or
in the case of a building under construction will not, comply with
this land use Bylaw;
"non-medicinal cannabis" means cannabis not prescribed by a health care
practitioner as defined by provincial or federal legislation;
"nuisance" means any act or deed, or omission, or thing, which is or could
reasonably be expected to be annoying, or troublesome, or destructive or
harmful, or inconvenient, or injurious to another person and/or their property, or
anything troublesome or bothersome to other people for which complaints are
received either by the Municipality's office or the Royal Canadian Mounted
Police, whether or not such act or deed or omission or thing constitutes nuisance
at common law;
"obnoxious" means, when used with reference to a development, a use which
by its nature, or from the manner of carrying on the same, may, in the opinion of
the Development Authority, create noise, vibration, smoke, dust or other
particulate matter, odour, toxic or non-toxic matter, radiation, fire, or explosive
hazard, heat, humidity, glare, or unsightly storage of goods, materials, salvage,
junk, waste or other materials, a condition which, in the opinion of the
Development Authority, may be or may become a nuisance, or which adversely
affects the amenities of the neighbourhood, or which may interfere with the
normal enjoyment of any land or building;
"occupancy" means the use or intended use of a building or part thereof for the
shelter or support of persons or property;
"occupant" means any person occupying or having control over the condition of
any property and the activities conducted on any property, be such person the
owner, lessee, tenant or agent of the owner or whether such person resided
thereon or conducts a business thereon;
"off-street" means, when used as an adjective, that the defined thing is not
located on a road or highway, but rather a lot, and, further, that it is not directly
ancillary to a particular use or development on a lot;
"offensive" means, when used with reference to a development, a use which by
its nature, or from the manner of carrying on the same, creates or is liable to
create by reason of noise, vibration, smoke, dust or other particulate matter,
odour, toxic or non-toxic matter, radiation, fire, or explosive hazard, heat,
humidity, glare, or unsightly storage of goods, materials, salvage, junk, waste or
other materials, a condition which, in the opinion of the Development Authority,
may be or may become hazardous or injurious to health or safety, or which
adversely affects the amenities of the neighbourhood, or interferes with or may
interfere with the normal enjoyment of any land or building;
"office use" means a development where government, professional,
management, administrative, consulting, and financial services may be provided.
Office uses include the offices of lawyers, accountants, engineers, architects,
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and realtors. Office uses also include insurance firms; clerical, secretarial,
employment and telephone answering and similar office support services; banks,
credit unions, loan offices and similar financial institutions; the offices of
governmental and public agencies;
"open space" means land and water areas which are retained in an essentially
undeveloped state and often serve one or more of the following uses:
conservation of resources; ecological protection; recreation purposes; historic or
scenic purposes; enhancement of community values and safety; maintenance of
future land use options;
"outdoor storage" means a development where, in the opinion of the
Development Authority, goods, materials, or equipment are or may be placed
outside of a building on a more or less permanent or continuous basis;
"owner" means
(a)
in the case of land owned by the Crown in right of Alberta or the
Crown in right of Canada, the Minister of the Crown having the
administration of the land, or
(b)
in the case of any other land, the person shown as the owner of
land on the municipality's assessment role prepared under the Act;
"parcel of land" means the aggregate of one or more areas of land described in
certificate of title or described in a certificate of title by reference to a plan filed or
registered in a land titles office;
"park model" means a type of recreational vehicle; however, for the purposes of
this Bylaw, park models are not allowed in any District within this Land Use
Bylaw unless either recreational vehicles or recreational vehicle campgrounds
are listed as a permitted or a discretionary use within the District, and, further,
that a park model has been specifically identified and approved by the
Development Authority within an approved development permit. As well, park
models shall not be used as dwellings within the municipality. There are a
number of types of park models. Currently, two types described below are
recognized by the recreational vehicle industry.
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(a)
Park Model Trailer 102 is a unit
designed to be towed by a heavy-
duty tow vehicle (auto, van, pick-
up truck, etc.) but is of restricted
size and weight so that it does not
require
a
special
highway
movement permit. The maximum
width when being towed is 2.6 m
(8.5 ft.). These units are designed
for infrequent towing, and are not
normally
fitted
with
a
12-volt
system for fixtures and appliances.
Once on site in the set-up mode it
normally must be connected to the
local utilities. This style is normally
built on a single chassis mounted
on wheels. It usually has one or
more slide-outs, but when in set-up
mode
the
gross
trailer
area
normally does not exceed 37.2 sq.
m (400 sq. ft.). It conforms to the
CSA
Z-240
Standard
for
recreational vehicles.
(b)
Park Model Recreational Unit is
a unit built on a single chassis
mounted on wheels, which may be
removed and returned to the
factory. The unit is designed to
facilitate
occasional
relocation,
with living quarters for a temporary
residence or seasonal use, and
normally must be connected to
those utilities necessary for the
operation of installed fixtures and
appliances. It normally has a floor
area, including lofts, not exceeding
50 sq. m (540 sq. ft.) in the set-up
mode and has a width greater than
2.6 m (8.5 ft.) in the transit mode.
Park
Model
recreational
units
almost always require a special
tow vehicle and a special permit to
move on the road as the width of
the unit is greater than 2.6 m (8.5
ft.). It conforms to the CSA Z-241
Standard for recreational vehicles.
Figure 16: Park Model Trailer 102
Figure 17: Park Model Recreational
Unit
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"parking area" means the area set aside for the storage and/or parking of
vehicles. Components of parking areas include parking spaces, loading spaces,
aisles, entrances and exits to the parking area, and traffic islands where they are
part of the parking area. A parking area may be within a building, and, if so, is
commonly referred to as a parkade;
"parking lot" means a parking area which is located on a lot and not accessory
to a particular use or development;
"parking space" means an area set aside for the parking of one (1) vehicle;
"patio" means any developed surface adjacent to a building on a site which is
less than 0.6 m (2.0 ft.) above ground level;
"permitted use" means the use of land or a building provided for in a land use
Bylaw for which a development permit shall be issued upon application having
been made, provided that all of the regulations of this Bylaw, and all of the
matters left to the discretion or the satisfaction of the Development Authority,
have been satisfied to the satisfaction of the Development Authority;
"personal service shop" means a development where personal services
related to the care and appearance of the body, or the cleaning and repair of
personal effects are provided to persons. Personal service shops include
barbershops, hairdressers, beauty salons, tailors, dressmakers, shoe repair
shops, dry cleaning establishments, and laundromats;
"place of worship" means a development where worship and related religious,
philanthropic, and social activities occur. Accessory developments include
rectories, manses, classrooms and dormitories. Places of worship include
churches, chapels, mosques, temples, synagogues, parish halls, convents and
monasteries;
"principal building" see "main building"
"principal use" see "main use"
"private club" means a development used for the meeting, social or recreational
activities of members of a non-profit philanthropic, social service, athletic,
business or fraternal organization, with neither on-site dwellings nor hotel or
motel rentable units. Private clubs may include eating and drinking
establishments and rooms for assembly. Private club developments do not
include cannabis lounge or cannabis retail sales;
"protective and emergency services" means a development where the
administration of the protection of persons and property from injury, harm or
damage takes place, and where the equipment necessary for such activities is
stored, maintained, and supplied. Protective and emergency services include
police stations, detention centres, fire stations, ambulance bays and ancillary
training facilities;
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"public education facility" means a development where educational, training,
or instruction occurs under the auspices of a School Division or under the
auspices of an organization authorized by the Province to provide education
similar to that which would be provided by a School Division. Public education
facilities include the administration offices, storage, and maintenance operations
of the School Division. Public education facilities include public and separate
schools, community colleges, universities, technical and vocational schools, and
private academies or "charter schools", and their administrative offices and
maintenance facilities;
"public or quasi-public building" means a building which is owned or leased by a
department or agency of the federal or provincial government, or the Municipality for
purposes of public administration and the delivery of services and shall also include
a building for the purpose of assembly, instruction, culture or enlightenment, or for
community activities;
"public or quasi-public use" means a use by a department or agency of the
federal or provincial government, or the Municipality, for public administration and
the delivery of services and shall also include uses for the purpose of assembly,
instruction, culture or enlightenment, or for community related activities;
"public park" means a development designed or reserved for active or passive
recreational use, including all natural and man-made open space and
landscaping, facilities, playing fields, and buildings that are consistent with the
general purposes of recreation, whether or not such recreational facilities are
public operated or operated by other organizations pursuant to arrangements
with the public authority owning the public park. Public parks include tot lots,
band shells, picnic grounds, pedestrian trails and paths, landscaped buffers,
playgrounds, water features, baseball diamonds, football fields, soccer pitches,
and similar outdoor sports fields;
"public-serving recreation area" means a campground, day use area, picnic
site, lodge, hiking and skiing trail and other similar uses as developed by either
private or public interests;
"public utility" means a public utility as defined in the Act;
"public utility building" means a building in which the proprietor of a public
utility, as defined in the Act, maintains its office or offices and/or maintains or
stores any equipment used in connection with the public utility;
"rear line" means the boundary line of a lot lying opposite to the front line of the
lot and/or farthest from a highway or road;
"rear yard" means a yard extending across the full width of a lot from the
nearest wall of the main building situated on the lot, to the rear line of the lot;
"recreation camp" means a development that contains accommodation facilities
and is used wholly or partly for recreational purposes, and without limitation,
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includes trail riding ranches and guest ranches, rural experience camps, survival
training camps, fishing and hunting camps, religious camps and camps for disabled
persons;
"recreational use" means a recreational development conducted on a unified
basis on a single site where the prime reason for location may be to take
advantage of natural features. A recreational use may include the provision of
day to day sporting and athletic facilities and the structures incidental thereto
such as ski slopes, golf courses, archery, trap and rifle ranges, racetracks,
boating, swimming, picnicking, athletic, and similar uses, and may include a
refreshment stand incidental to the primary use. However, recreational use does
not include extensive recreation, or a campground, a recreational vehicle
campground or a recreation camp;
"recreational vehicle" means a vehicular type unit primarily designed as
temporary living quarters for recreational camping or travel use, which either has
its own motor or is mounted or drawn by another vehicle. Recreational vehicles
include travel trailers, camping trailers, truck campers, 5th wheels, or motor
homes, but not manufactured homes, park models, a garage package/garage
suite, or a cabin on any sort of transportation device such as skids or wheels up
to a maximum interior space of 75 sq. m (807.3 sq. ft.). Any vehicle larger than
75 sq. m (807.3 sq. ft.) in interior space shall be considered to be a
manufactured home for the purposes of this Bylaw;
Recreational
Vehicle
Figure 18: Recreational Vehicle
"recreational vehicle campground" means a development on which three (3) or
more recreational vehicles are harboured, without regard to whether a fee or charge
is paid or made, and shall include any building, structure, tent, vehicle or enclosure
used or intended for use as part of the equipment of such recreational vehicle
campground. A recreational vehicle campground may include within it a
campground. See Section 8.50;
"recreational vehicle campground, seasonal" means a development
consisting of stalls or sites for the location of more than three (3) recreational
vehicles, for a minimum of four (4) consecutive days and normally for no longer
than an entire season operating between April to October;
"recreational vehicle campground, workcamp" means a development
consisting of stalls or sites for the location of more than three (3) recreational
vehicles, used to house camp workers by various contracting firms on a
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temporary basis. The units may be dismantled and removed from the site from
time to time. See Section 8.51;
"recreational vehicle storage" means a development which provides fenced or
indoor, secure, on-site storage of more than three (3) recreational vehicles;
"recycling depot" means a development where bottles, cans, newspapers, and
similar non-hazardous household goods are bought, sold, and temporarily stored
for reuse and where all storage is contained within an enclosed building or an
enclosed compound;
"religious assembly" means a development where worship and related
religious, philanthropic, and social activities occur. Ancillary developments
include rectories, manses, classrooms, and dormitories. Religious assembly
includes churches, chapels, mosques, temples, synagogues, parish halls,
convents and monasteries;
"relocated building" means a building that was constructed off site in one piece
or in pieces and relocated to another site but does not include manufactured
homes or modular homes;
"renovation" means an addition to, deletion from, or change to any building
which does not require a permit other than a plumbing permit or an electrical
permit pursuant to the Safety Codes Act;
"rentable unit" means a separate unit of a hotel or motel used or intended to be
used for the temporary accommodation of one or more persons;
"rental cabin" means a one-room structure (not including a washroom,
bathroom, or toilet) intended for short term occupancy, often rented for short
period of time to the traveling or vacationing public;
"residential use" includes the occupation and use of land and buildings by and
as dwellings, whether on a seasonal or year-round basis, and/or the use of a
small area of land for extensive recreation;
"resort" means a commercial development which offers a combination of stick built
or modular guest accommodation and recreational opportunities, and may include a
hotel, rental cabins, staff housing, a convention centre, and/or eating and drinking
establishments;
"RF Technology" means technology operating in the electromagnetic radiating
frequency bands;
"road" means a right-of-way on which motorized vehicles are normally allowed to
operate, or a road as defined in the Act, but does not include either a highway or a
lane;
"roof" means the top of any enclosure, above or within the vertical walls of a
building;
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"row housing" means a building consisting of at least three (3) dwelling units with
each unit having direct access to the outside grade, but shall not mean apartment;
"rural industry" means an industry involving:
(a)
the initial processing or storage of farm, forestry or mineral product
which because of odour, noise or inflammable material require
large tracts of land for environmental protection, or
(b)
warehousing or storage of farm, forestry or mineral material, goods
and processing or transportation equipment, or
(c)
natural resources processing industries whose location is tied to
the resource, or
(d)
provision of large scale transportation and vehicle service facilities
involved in the transportation of farm, forestry or mineral products,
or
(e) the growth or storage of medicinal or non-medicinal cannabis.
"sea can" means a container which is used as a storage vault and includes
sea/land/rail shipping containers. A sea can shall not be used for a dwelling or
any part of a dwelling, and shall always be used as an ancillary building and,
notwithstanding any other provision of this Bylaw to the contrary, not attached, in
any way, to a main building;
"secondary commercial" means a commercial use that is secondary or
subordinate in scale and intensity to the primary use on the site. Secondary
commercial use shall not include: animal hospitals, highway commercial uses,
hotels, marinas, liquor stores, drinking establishments, recreation camps,
recreational vehicle campground, resorts, cannabis retail sales, or uses of a
similar intensity and scale;
"secondary residential" means a single family residential unit that is secondary
or subordinate in scale and intensity to the primary use on the site. Secondary
residential uses that are entirely independent of the commercial use located on
the site may include: manufactured homes, modular homes, and single family
residential uses. Secondary uses that are contained within buildings that also
include commercial uses may include apartments or apartment style condos
located partially or entirely on the second story of an approved commercial
building;
"secondary suite" see "suite, secondary";
"semi-detached dwelling" means a building used or intended to be used for two
dwelling units, located entirely side by side;
"seniors housing development" means a grouping of single family dwellings,
manufactured homes, duplexes, semi-detached dwellings and/or row housing
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buildings on a single site designed to accommodate senior citizens as defined by
Provincial and Federal agencies and legislation;
"service station" means a development where gasoline, lubricating oils, and
other automotive fluids and accessories for motor vehicles are bought and sold.
Service stations may also include facilities for the servicing or repairing of motor
vehicles, and a towing service dispatch point, but not including body repair or
paint shops;
"setback" means, depending on the context of the term, the minimum horizontal
distance between buildings or a lot boundary and buildings;
"shall" is an operative word which means the action is obligatory;
"shed" means a building to be used for storage
"shop" means a building to be used for light industrial purposes or the storage of
vehicles larger than that allowed in a garage;
"shopping centre" means a building or a group of buildings, comprising retail
commercial and similar uses, with shared off-street parking facilities, and which
may be managed as a single unit;
"shoreline" means the bank of the body of water as determined pursuant to the
Surveys Act;
"should" is an operative word which means that, in order to achieve local goals
and objectives it is strongly advised that the action be taken. Exceptions shall be
made only under extenuating circumstances;
"show home" means a dwelling unit which is used temporarily for the purpose
of illustrating to the public the type and character of dwelling units to be
constructed in other parts of a neighbourhood or development in which the show
home is located. Show homes may contain offices for the sale of other lots or
dwelling units in the municipality and must be located within a dwelling which is
either a permitted or a discretionary use in the District in which they are located;
"side line" means the boundary line of a lot lying between a front line and a rear
line of a lot. In the case of a corner lot, the longer of the two boundary lines
adjacent to the highway or road shall be considered a side line;
"side yard" means a yard extending from the front yard of a lot to the rear yard
of the lot and lying between the side line of the lot and the nearest wall of the
main building;
"sign" means any visual medium, including its structure and other component parts,
which used on a permanent or temporary basis to convey information, to advertise,
or to attract attention to a product, service, place, activity, person, institution or
business. Without limiting the generality of the foregoing, signs shall include
banners, placards, and painted messages, but not national flags, interior window
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displays of merchandise, or signs painted on or attached to a licensed motor
vehicle;
"sign area" means the total face area of a sign intended for the letters or graphics
of the message. In the case of a double-faced sign, only half of the area of each
sign face shall be used in calculating sign area;
"sign, A-frame" means a type of sign
commonly referred to as "sandwich boards",
composed of two hinged or otherwise joined
boards which leans on the ground,
"sign, canopy" means a sign which is part of or
attached to the outside edge of a canopy but
which does not extend below the bottom edge or
surface of the canopy (see Figure 13);
Figure 20: Canopy Sign
"sign, fascia" means a sign attached to or
placed flat against an exterior vertical surface of
a building, and projects no more than 0.3 m
(12.0") from the surface of the building, and
does not project above the roof or parapet.
Fascia signs are also called wall signs;
Figure 21: Fascia Sign
Figure 19: A-Frame Sign
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"sign, inflatable" means a sign made of flexible
material or fabric that is made to take on a
three-dimensional shape (to blow up like a
balloon) when filled with a sufficient volume of
air or gas. Commonly used as a temporary sign
for special events or promotions;
"sign, freestanding" means a sign supported
by one or more uprights, braces or pylons, and
stands independently of another structure;
Figure 23: Freestanding Sign
"sign, off site" means a sign that advertises
goods, products, services or facilities not
available on the site where the sign is located,
and which may also direct persons to another
location;
Figure 22: Inflatable Sign
Figure 24: Off Site Sign
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"sign, projecting" means a sign affixed to a
building or part thereof and extending beyond
the building by more than 0.3 m (1.0 ft.). This
does not include a sign attached to the ground;
"sign, roof" means a sign erected upon,
against or directly above the roof of a building or
the top of a parapet wall;
"sign, temporary/portable" means a sign on a
standard or column fixed to its own self-
contained base and capable of being moved
manually;
"sign, under canopy" means a sign which is
attached to the bottom surface or edge of a
canopy;
Figure 25: Projecting Sign
Figure 26: Roof Sign
Figure 27:
Temporary/Portable Sign
Figure 28: Under Canopy
Sign
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"single family dwelling" means a building consisting of one (1) dwelling unit. A
single family dwelling is a dwelling which is normally constructed on-site.
However, a single family dwelling may be constructed in pieces off-site, or even in
one piece, with the piece(s) being transported to the site for assembly on-site;
"similar use" means a use which, in the opinion of the Development Authority,
closely resembles another specified use with respect to the type of activity,
structure and its compatibility with the surrounding environment;
"site" means an area of land designed to accommodate, and intended to be rented
for, a tent or recreational vehicle or cabin;
"solar array" means multiple solar panels use in conjunction to produce
electricity.
"small radio communications tower" means a development that is intended for
transmitting or receiving radio communications signals from devices such as ham
radios, fleet dispatch systems, or private communications systems. Typical small
radio communications towers are short, usually no more than 3 m (9.8 ft.) taller
than the adjacent buildings;
"solar energy collection system" means a system of one or more buildings or
appurtenances to buildings designed to convert solar energy into mechanical or
electrical energy and includes solar array, solar panels, free standing, ground and
roof mounted.
"solar panel, free standing" means a device which is used to convert energy
contained within the sun's rays into electricity, which is not mounted or attached to
any other structure for support.
"solar panels, roof mounted" means a device which is used to convert energy
contained within the sun's rays into electricity, which is located, mounted, or
attached to the roof of a structure.
"stall" means an area of land upon which a manufactured home is to be located,
and which is reserved for the exclusive use of the residents of that particular
manufactured home, located within a manufactured home park;
"storey" means the space between one floor of a multi-storey building and the
next floor above it. The upper limit of the top storey shall be the ceiling above the
topmost floor. A basement shall not be considered a storey;
"structural alterations" means the addition to, deletion from, or change to any
building which requires a permit other than a plumbing permit, gas permit or an
electrical permit pursuant to the Safety Codes Act;
"Subdivision and Development Appeal Board" means a Subdivision and
Development Appeal Board appointed pursuant to Municipal District Bylaw and
the Act;
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"Subdivision Authority" means the Subdivision Authority established pursuant to
the Act through the municipality's Subdivision Authority Bylaw;
"substandard lot" means any lot which is smaller, in area or in any dimension,
than the minimum area or dimension stipulated in the regulations of the District in
which the lot is located;
"suite, garage" means a self-contained dwelling located above a rear detached
garage which is accessory to a single detached house. Garage suites have a
separate entrance from the vehicle entrance to the rear detached garage, either
from a common indoor landing or directly from the exterior of the structure.
Garage suites do not include secondary suites or garden suites;
"suite, garden" means a single-storey accessory building which contains a
dwelling unit and is located in a building on a site that is separate from a main
building in which the main use is a single detached dwelling. A garden suite has
cooking, food preparation, sleeping, and sanitary facilities which are separate from
those of the single family dwelling located on the site. This use does not include
secondary suites or garage suites;
"suite, secondary" means a self-contained dwelling unit, clearly secondary in
size to the main dwelling unit within a dwelling, which may or may not share
access to the outside and/or other facilities with the main dwelling unit; A
secondary suite is considered "secondary" or "accessory" to the primary residence
on the parcel. It normally has its own entrance, kitchen, bathroom and living area;
"suite, in-law" means an additional dwelling unit intended for the sole occupancy
of one (1) or two (2) persons. The floor area of the attached in-law suite shall not
exceed 30 percent of the existing living area of the primary residence;
"suite, surveillance" means a dwelling unit on a parcel of land which is incidental
and contained within a main building, or located in a subordinate, standalone
structure which is incidental to the main use. Surveillance suites must be used
specifically for the purpose of providing surveillance or protection of private
property;
"temporary development" means a development for which a development permit
has been issued and which is to exist for a limited time only;
"tie down" means an apparatus which firmly secures a manufactured home to the
ground. This apparatus usually consists of steel cables attached to the manufactured
home and concrete pylons strategically placed on the accommodating site;
"tiny house" a residential building containing a single dwelling unit intended for year-
round use, with a maximum floor area of 37m2 (398.27 ft2). These may be
constructed on a chassis or a foundation;
"trucking and cartage establishment" means a development where goods
shipped by truck are transferred from one truck to another, or where trucks are
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dispatched to pick up and/or deliver goods. Trucking and cartage establishments
may include dispatch offices or storage compounds for the temporary storage of
goods, and include moving or cartage firms involving vehicles with a gross vehicle
weight of more than 3,000.0 kg (6,613.9 lbs.);
"truck wash" means a facility for the washing of large or commercial vehicles
"undeveloped lot" means a lot which does not contain a residence, building or
structure;
"unit", other than when referred to as a dwelling unit, means an area of land or a
building designated as a unit in a condominium plan;
"use" means the purpose or activity for which a site, a parcel of land, or a lot and
any buildings located on it are designed, arranged, developed, or intended, or for
which it is occupied or maintained;
"variance" means the difference between the regulations indicated within this
Bylaw and the provision (distance, height, etc.) being proposed pursuant to a
development permit application made pursuant to this Bylaw. Variance can be
expressed as a percentage. When it is expressed as a percentage, it is the
amount of the difference divided by the provision in this Bylaw, multiplied by one
hundred percent (100%);
"vehicle repair establishment" means development used for the servicing and
mechanical repair of automobiles, motorcycles, snowmobiles, recreational vehicles,
and trucks, including the sale, installation or servicing of related accessories and
parts. This use class includes transmission shops, muffler shops, tire shops,
automotive glass shops, upholsterer shops, and body repair and/or paint shops;
"veterinary clinic" means a development where domestic pets are cared for and
treated, including hospitalization for fewer than four (4) days. Veterinary clinics
may also treat livestock, but they will be treated via out-patient care. All animals
shall be kept within an enclosed building;
"veterinary clinic - large animal" means a development where large animals,
including livestock are cared for and treated. Veterinary clinics primarily involve
out-patient care and minor medical procedures involving hospitalization for fewer
than four (4) days. Veterinary clinics do not include animal hospitals or small
animal breeding and boarding establishments;
"warehouse sales establishment" means a development where bulky goods are
sold from within an enclosed building where the size and nature of the principal
goods being sold typically require large floor areas for direct display to the
purchaser or consumer. Warehouse sales establishments include furniture
stores, carpet stores, major appliance stores, and building materials stores;
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"wind energy conversion system, large" means one or more buildings designed
to convert wind energy into mechanical or electrical energy and which has a rated
capacity equal to or greater than 300 kW;
"wind energy conversion system, micro" means a small-scale wind turbine,
which is small in height and diameter and can be installed on the roof of a building
or structure.
"wind energy conversion system, small" refers to a wind energy conversion
system (WECS) consisting of a wind turbine, a tower, and associated control or
conversion electronics, which has a rated capacity of not more than 300 kW, and
which is intended to provide electrical power for use on-site (either behind the
meter or off-grid) and is not intended or used to produce power for resale.
"wind turbine tower" refers to the guyed or freestanding structure that supports
a wind turbine generator.
"wind turbine tower height" The height above grade of the fixed portion of the
wind turbine tower, excluding the wind turbine and rotor.
"wireless
communications
facility"
means
a
facility
that
provides
communication service using RF technology to transmit and receive voice, picture,
text and data, in either digital or analogue form, on system of elevating support
structures. These structures include monopoles, lattice towers (self- supported or
guyed) or other configurations as well as, although not limited to, shelters,
transmitters,
receivers,
antennas,
antenna
mounts,
transmission
lines,
waveguides, transmission line supporting equipment and material, aeronautical
obstruction lights, antenna deicing equipment, antenna power dividers and
matching equipment, combiners and utility power equipment, conditioners and
backup power systems.
"workcamp" means a temporary residential complex used to house workers,
usually but not necessarily for a contracting firm or project, on a temporary basis
of more than twenty-eight (28) days and less than one (1) year. A workcamp is
usually made up of a number of buildings, (not including manufactured homes,
modular homes or single family dwellings), clustered in such fashion as to provide
sleeping, eating, recreation and other basic living facilities. The buildings are
designed to be dismantled and moved from location to location and from time to
time;
"workcamp, short term" means a temporary residential complex used to house
workers, usually but not necessarily for a contracting firm or project, on a
temporary basis of not more than twenty-eight (28) days. A workcamp is usually
made up of a number of buildings, (not including manufactured homes, modular
homes or single family dwellings), clustered in such fashion as to provide sleeping,
eating, recreation and other basic living facilities. The buildings are designed to be
dismantled and moved from location to location and from time to time;
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"yard" means a part of a parcel upon or over which no building is to be erected
unless otherwise provided for in this Bylaw;
and all other words and expressions have the meanings respectively assigned to
them in the Act or in common law.
1.4
METRIC AND IMPERIAL MEASUREMENTS
Within this Bylaw, both Metric and Imperial measures are normally provided, the
Imperial measures within brackets. The Imperial measures are approximations,
provided only for information, and are provided in order to provide some
comparison for persons who are unfamiliar with Metric measures.
1.5
ESTABLISHMENT OF LAND USE DISTRICTS
(1)
For the purposes of this Bylaw, the Municipal District of Opportunity No.
17 is divided into the following districts:
DISTRICT
PURPOSE
Resource (E) District
Resource District - regulates land outside of the
hamlets in the "green district".
Residential (R1) District
Low density serviced and un-serviced residential
Residential (R1A) District
Low density fully serviced residential
Residential (R1B) District
Low density serviced and un-serviced residential, no
manufactured homes
Residential (R1C) District
Low density un-serviced or partially serviced residential
(sanitary and water) uses
Residential (R1D )District
Low
Density
residential
with
limited
secondary
commercial uses
Residential (R2) District
Medium density residential (duplex, row housing,
apartments)
Residential (R3) District
High density residential (row housing, apartments up to
4 storeys)
Residential (R4) District
High density residential (apartments greater than 4
storeys)
Country
Residential
(CR)
District
Large lot, un-serviced residential development in the
hamlets
Residential Small Farm (RSF)
District
Small, un-serviced agricultural use parcels in close
proximity to hamlet
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Recreation
Residential
(RR)
District
Private
seasonal
residences
and
recreational
development on serviced or un-serviced lots
Residential Manufactured Home
Park (RMH) District
Manufactured home parks
Residential Manufactured Home
(RMH1) Subdivision District
Subdivision for manufactured homes
Commercial (C1) District
Downtown commercial uses
Commercial (C2) District
General commercial (land extensive commercial uses)
Commercial (C3) District
Commercial with secondary residential uses
Commercial (CH) District
Highway commercial (oriented to the travelling public)
Community Lease (CL) District
For the communities of Trout, Peerless and Chipewyan
Lakes
Industrial (M1) District
Light industrial uses
Industrial (M2) District
Medium Industrial uses
Industrial (M3) District
Airport Industrial uses
Urban Reserve (UR) District
Limited development, additional planning required
Community (P) District
Community and parks uses
Institutional/Recreational
(I)
District
Institutional, major public utility and recreation uses
Direct Control (DC) District
Downtown Wabasca
(2)
For the purposes of this Bylaw:
The R1, R1A, R1B, R1C, R1D, R2, R3, R4, CR, RSF, RR, RMH, and
RMH1 Districts shall be considered to be Residential Districts
The C1, C2, C3, and CH Districts shall be considered to be Commercial
Districts
The M1, M2, and M3 Districts shall be considered to be Industrial
Districts.
(3)
The boundaries of the districts listed in this Bylaw are as delineated in the
LAND USE DISTRICT MAP, which is in Part 11 of this Bylaw.
(4)
Where uncertainty exists as to the boundaries of districts as delineated in
the LAND USE DISTRICT MAP, the following rules shall apply:
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Rule 1:
Where a boundary is shown as following a street, lane, or
canal, it shall be deemed to follow the centre line thereof.
Rule 2:
Where a boundary is shown as approximately following a lot
line, it shall be deemed to follow the lot line.
Rule 3:
In circumstances not cover by Rules 1 and 2, the location of
the district boundary shall be determined:
(a)
where dimensions are set out on the LAND USE
DISTRICT MAP, by the dimensions so set; or
(b)
where no dimensions are set out on the LAND USE
DISTRICT MAP with respect to such boundary, by
measurement of and use of the scale shown on the
LAND USE DISTRICT MAP.
(5)
Where the application of the above rules does not determine the exact
location of the boundary of a district, the Council, either on its motion or
upon written application being made to it by any person requesting the
determination of the exact location of the boundary, shall fix the portion of
the district boundary in doubt or dispute in a manner consistent with the
provisions of this Bylaw and the degree of detail as to the measurements
and directions as the circumstances may require.
(6)
The Development Authority shall maintain a list of its decisions with
respect to boundaries or portions thereof fixed by it.
1.6
ESTABLISHMENT OF LAND USE DISTRICT REGULATIONS
Land Use District regulations shall be as set forth in Sections 8 and 9 of this
Bylaw.
1.7
ESTABLISHMENT OF SPECIAL AIRPORT HEIGHT
REGULATIONS
Special height regulations related to the hazard represented by airports shall be
as set forth in Section 10 of this Bylaw.
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PART 2 - DEVELOPMENT APPROVAL AUTHORITIES
2.1
DEVELOPMENT AUTHORITY
(1)
The Development Authority of the MD of Opportunity is hereby
established.
(2)
The Development Authority shall be:
(a)
the Municipal Planning Commission of the municipality,
(b)
the Development Authority Officer of the municipality, and
(c)
in the Direct Control District, the Council.
(3)
If the Municipal Planning Commission is to be making the decision on a
development permit application, the term "Development Authority", when
used in this Bylaw, shall be the Municipal Planning Commission.
(4)
In all instances other than those indicated in Subsection (3) above, when
used in this Bylaw, the term "Development Authority" shall be the
Development Authority Officer.
2.2
DEVELOPMENT AUTHORITY OFFICER
(1)
The position of designated officer for the limited purpose of exercising the
powers, duties and functions of a Development Authority Officer for the
municipality is hereby established.
(2)
The Development Authority Officer shall be appointed by resolution of the
Council.
(3)
The Development Authority Officer shall perform such duties that are
specified in this Bylaw.
(4)
The Development Authority Officer:
(a)
shall consider and decide upon all development permit applications
unless the application is referred to the Municipal Planning
Commission pursuant to this Section;
(b)
shall refer with their recommendation to Council any development
permit application affecting land within the Direct Control (DC)
District;
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(c)
shall refer with their recommendations to the Municipal Planning
Commission for its consideration and decision any development
permit application for discretionary;
(d)
shall refer with their recommendations to the Municipal Planning
Commission for its consideration and decision any development
permit application for a permitted use where the development
application does not conform with this Bylaw and where either:
(i)
the Development Authority Officer has decided not to make
a decision on the application notwithstanding their ability to
do so pursuant to Subsections (d) and (e) above,
(ii)
the regulations to which the development application does
not conform do not relate to the regulations indicated in
Subsection (d) above, or
(iii)
the variance to the regulations of this Bylaw being provided
by the proposed development exceeds 25%.
(e)
shall refer to the Municipal Planning Commission at their discretion
any application which in their opinion should be decided by the
Commission;
(f)
shall keep and maintain for the inspection of the public during office
hours a copy of this Bylaw and all amendments thereto and ensure
that copies of same are available to the public at a reasonable
charge;
(g)
shall make available for inspection by the public during office hours
a register of all applications for development permits and the
decisions made thereon;
(h)
shall collect fees according to the governing Land Use Bylaw Fee
Schedule as amended from time to time by resolution of Council;
(i)
shall be declared to be the designated officer for the purposes of
Section 542 of the Act; and
(j)
may sign, on behalf of the Development Authority, any order,
decision, approval, notice or other thing made or given by it.
(5)
The Municipal Planning Commission as established by Bylaw shall be
authorized to decide upon all development permit applications referred to
it by the Development Authority Officer and to issue such orders that it
sees fit.
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(6)
The Council shall be authorized to decide upon all development permit
applications referred to it by the Development Authority Officer within the
Direct Control (DC) District.
(7)
The Development Authority Officer may sign, on behalf of the
Development Authority, any order, decision, approval, notice or other thing
made or given by the Development Authority or by the Development
Authority Officer.
(8)
The Development Authority Officer shall keep and maintain for the
inspection of the public during all reasonable hours, a copy of this Bylaw
and all amendments thereto, and keep a register of all applications for
development, including the decisions thereon.
2.3
MUNICIPAL PLANNING COMMISSION
(1)
The Municipal Planning Commission shall decide upon all development
permit applications referred to it by the Development Authority Officer.
(2)
The Municipal Planning Commission may:
(a)
provide recommendations for subdivision proposals to the
Subdivision Authority; and
(b)
perform such other duties as described or implied in this Bylaw or
as may be assigned to it by Council.
2.4
COUNCIL
The Council shall perform such duties that are specified for it in this Bylaw.
2.5
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
The Subdivision and Development Appeal Board shall perform such duties as
are specified in Part 5 of this Bylaw.
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PART 3 - GENERAL ADMINISTRATIVE PROCEDURES
3.1
CONTROL OF DEVELOPMENT
(1)
No development other than that designated in Section 3.2 shall be
undertaken within the Municipal District unless an application for it has
been approved and a development permit has been issued.
3.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
(1)
The following development shall not require a development permit:
(a)
the carrying out of works of maintenance or repair to any building,
provided that such works do not include structural alterations or
major works of renovation that would require a building permit;
(b)
the completion of a building which was lawfully under construction
at the date of the first publication of the notice required by the Act,
provided that the building is completed in accordance with the
terms of any permit granted in respect of it and subject to the
conditions to which such permit was granted, and provided also
that the building, whether or not a permit was granted in respect of
it, is completed within a period of twelve (12) months from the said
date of the first publication of the notice;
(c)
the use of any such buildings as referred to in subsection (2) for the
purpose for which construction was commenced;
(d)
the erection, construction, or maintenance, improvement or
alteration of gates, fences or walls or other means of enclosure less
than 1.2 m (4.0 ft.) in height in front yards or in side yards abutting
a highway or road, and less than 1.8 m (6.0 ft.) in rear yards or in
other side yards, and the maintenance, improvement and other
alterations of any gates, fences or walls or other means of
enclosure, unless the fencing material is razor wire. An approved
development permit shall always be necessary before razor wire is
used as a fencing material except in the E - Resource District;
(e)
the use of razor wire or barbed wire for fencing materials within the
E - Resource District;
(f)
a temporary building or sign, the sole purpose of which is incidental
to the erection or alteration of a building, for which a permit has
been issued under this Bylaw;
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(g)
the maintenance and repair of public works, services and utilities
carried out by or on behalf of federal, provincial and municipal
public authorities on land which is publicly owned or controlled;
(h)
extensive agriculture, excepting where the following situations
apply:
(i)
where the lot is smaller than 32 ha (80 ac.) in size, or
(ii)
where the proposed development involves a dwelling or an
ancillary use or building to a dwelling, or
(iii)
where beehives are proposed within 15.2 m (50 ft.) of a
property line adjacent to a road or highway, or
(iv)
where fences for game farming are proposed within 15.2 m
(50 ft.) of a property line adjacent to a road or highway, or
within 30 m (98.4 ft.) of the centreline of a road or highway,
or
(v)
where other buildings and dugouts are proposed within:
1.
- 40 m (131.2 ft.) of a property line of a grid road,
2.
- 50 m (164 ft.) of a centreline of a minor two-lane
highway, or
3.
- 70 m (230 ft.) of a centreline of a major two-lane
highway or a multi-lane highway;
(i)
except for beehives described in Section 3.2(1)(g)(iii) above, a
building or structure with a floor area of under 10.0 sq. m (107.6 sq.
ft.) which is not on a permanent foundation;
(j)
the erection of campaign signs for federal, provincial, municipal or
school board elections on privately-owned lots for no more than
thirty (30) days, or such time as regulated under provincial or
federal legislation provided that:
(i)
such signs are removed within seven (7) days after the
election date,
(ii)
such signs do not obstruct or impair vision or traffic,
(iii)
such signs are not attached to fences, trees, or utility poles;
and
(iv)
such signs indicate the name and address of the sponsor
and the person responsible for removal;
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(k)
development within a basement which does not change or add to
the uses within a dwelling;
(l)
sheds which are ancillary to dwellings, which are less than 10.0 sq.
m (107.6 sq. ft.) in floor area, and which satisfy all the setback
requirements of this Bylaw;
(m)
development within the CL District;
(n)
the removal of top soil except in conjunction with a development for
which a development permit has been issued;
(o)
grading and/or landscaping where the proposed grades will not
adversely affect the drainage of the subject or adjacent lots;
(p)
the demolition or removal of any building or structure for which a
development permit would not be required pursuant to subsections
(d) through (m) above, both inclusive.
3.3
NON-CONFORMING BUILDINGS AND USES
(1)
A non-conforming use of land or a building may be continued, but if that
use 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.
(2)
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, shall not be enlarged or added to and no structural alterations
may be made thereto or therein.
(3)
A non-conforming use of part of a lot may not be exceeded or transferred
in whole or in part to any other part of the lot and no additional buildings
may be constructed upon the lot while the non-conforming use continues.
(4)
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 the routine maintenance of the building, if the Development
Authority considers it necessary, or
(c)
in accordance with the powers possessed by the Development
Authority pursuant to the Act and Section 4.4 of this Bylaw to
approve
a
development
permit
notwithstanding
any
non-
compliance with the regulations of this Bylaw.
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(5)
If a non-conforming building is damaged or destroyed to the extent of
more than 75 percent of the value of the building above its foundation, the
building may not be repaired or rebuilt except in accordance with this
Bylaw.
(6)
The use of land or the use of a building is not affected by a change of
ownership, tenancy, or occupancy of the land or building.
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PART 4 - DEVELOPMENT APPLICATION PROCESS
4.1
APPLICATION FOR DEVELOPMENT
(1)
An application for a development permit shall be completed and submitted
to the Development Authority in writing, in the form required by the
Development Authority, and shall be accompanied by:
(a)
a site plan showing the legal description; the front, rear, and side
yards, if any provision for off-street loading and vehicle parking;
and access and egress points to the site;
(b)
building dimensions;
(c)
a statement of the proposed uses; and
(d)
a statement of ownership of the land and the interest of the
applicant therein.
(2)
Each application for a development permit shall be accompanied by a
non-refundable application fee as established by Council.
(3)
The Development Authority Officer may also require additional information
in order to assess the conformity of a proposed development with this
Bylaw before consideration of the development permit application shall
commence. Such information may include:
(a)
the location of existing and proposed municipal and private storm
and sanitary sewage collection and disposal, and water supply and
distribution utilities, landscaped areas and buffering and screening;
(b)
the height and horizontal dimensions of all existing and proposed
buildings;
(c)
outlines of roof overhangs on all buildings;
(d)
existing and proposed elevations on the site and on adjacent sites,
roads and lanes;
(e)
post construction site and building elevations;
(f)
floor plans, elevations and sections of any proposed buildings,
including the lowest floor elevation in either the basement or on the
main floor in the principal and accessory buildings;
(g)
landscaping plans, including the location of existing and proposed
trees, shrubs, grassed areas, fences, screenings, and outdoor
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furniture on the site and on adjacent boulevards within road rights-
of-way;
(h)
drainage plans;
(i)
in a Residential District, the suggested location for a future
driveway and garage or carport, if the application itself does not
include such buildings as part of the proposal;
(j)
future development plans for a site which is to be partially
developed through the applicable development permit;
(k)
in the case of a proposed home occupation, information concerning
the number of employees, the location of any goods to be kept or
stored, and an estimate of the number of client visits to be
expected to the site each week;
(l)
in the case of the placement of an already constructed or partially
constructed building on a site, including a manufactured home,
information relating to the age and condition of the building and its
compatibility with the District in which it is to be located, including
photographs of the building;
(m)
any other information or tests required by the Development
Authority, at their discretion, respecting the site or adjacent lands,
including an environmental screening of the site;
(n)
a statutory declaration indicating that the information supplied is
accurate; and
(o)
for a moved in (relocated) building or a manufactured home, the
applicant pictures of the exterior of the structure.
(p)
an engineering study, geotechnical report or flood plain mapping to
demonstrate the physical suitability of site with respect to soils,
slopes, flood susceptibility and drainage,
(4)
In addition to the information requirements indicated above, each
application for industrial development may be requested, at the discretion
of the Development Authority, to be accompanied by the following
information:
(a)
type of industry,
(b)
estimated number of employees,
(c)
estimated water demand and anticipated source,
(d)
estimated gas demand and anticipated source,
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(e)
type of effluent and method of treatment,
(f)
type of air emissions and method of abatement,
(g)
estimated noise generated by the development and method of
abatement;
(h)
estimated light generated by the development and (if necessary)
method of abatement,
(i)
transportation routes to be used and estimated traffic impact,
(j)
reason for specific location,
(k)
means of solid waste disposal,
(l)
any accessory works required (pipeline, railway spurs, power lines,
etc.),
(m)
anticipated residence location of employees,
(n)
municipal servicing costs associated with the development,
(o)
physical suitability of site with respect to soils, slopes and drainage,
(p)
if a subdivision is involved, the size and number of parcels and
proposed phasing (if any),
(q)
servicing requirements and provisions for meeting them, and
(r)
costs associated with providing new or upgraded municipal
services associated with the development,
and/or any other information as may be reasonably required by the
Development Authority.
(5)
In addition to the information requirements indicated above, the
Development Authority may require for a proposed industrial use the
provision of environmental assessment information and a risk assessment
to assist the Development Authority in assessing the effect of the
proposed development in relation to the natural and human environments,
and indicate both if and how any negative matters can be mitigated.
(6)
In addition to the information requirements indicated above, the
Development Authority may require for any proposed development either
within or in proximity to an Airport Industrial (M3) District, the provision of
sufficient information such that the Development Authority may assess the
effect of the proposed development on the operations of any airport that
may be located within the M3 District, and indicate both if and how any
negative effects can be mitigated. In dealing with this requirement, the
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definition of the term "proximity" shall be at the sole discretion of the
Development Authority, but shall reflect the areas where aircraft may be
taking off and landing.
(7)
Within the area outlined on Map A-8: Wabasca Downtown Overlay in
Part 11 of this Bylaw, if the development proposal includes any
construction which is or may be visible from a road, the Development
Authority shall require additional information respecting the relationship of
the proposed development to the Wabasca Downtown Design Guidelines
before consideration of the development permit application shall
commence.
(8)
In addition to any or all of the information requirements indicated above,
each application for a commercial or recreational development may be
required, at the discretion of the Development Authority, to be
accompanied by the following information:
(a)
physical suitability of site with respect to soils, slopes and drainage,
(b)
the size and number of parcels and proposed phasing (if any),
(c)
servicing requirements and provisions for meeting them,
(d)
estimated water demand and anticipated source,
(e)
estimated gas demand and anticipated source,
(f)
type of effluent and method of treatment,
(g)
type of air emissions and method of abatement,
(h)
estimated noise generated by the development and method of
abatement,
(i)
estimated light generated by the development and (if necessary)
method of abatement,
(j)
costs associated with providing new or upgraded municipal
services associated with the development,
(k)
the requirements and provisions for employee and customer
parking and for site access,
(l)
a landscaping plan,
(m)
cross-sections and elevations for each building,
(n)
a list of proposed uses, and
(o)
transportation routes and estimated traffic impact.
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(9)
In addition to the information requirements indicated above, where not
required to do so by the Province, the proponent of a natural resource
extraction industry may be required to submit a reclamation plan.
(10)
In addition to the information requirements indicated above, an application
for a development permit for the excavation, stripping or grading of land
that is proposed without any other development on the same land, may
include with the application, the following information:
(a)
location and area of the site where the excavation is to take place,
(b)
existing land use and vegetation,
(c)
the type and dimensions including average depth of the excavation
to be done, and the potential, if any, to affect existing drainage
patterns on and off the site,
(d)
the depth and variation in depth of groundwater encountered in test
holes, if required at the discretion of the Development Authority,
(e)
identification of potential for outdoor noise and the discharge of
substances into the air,
(f)
the condition in which the site is to be left when the operation is
complete, including the action which is to be taken for restoring the
condition of the surface of the land to be affected, and for
preventing, controlling or lessening erosion or dust from the site,
(g)
an indication of all municipal servicing costs associated with the
development, and
(h)
the proposed haul route, dust control plan and expected hours of
operation.
(11)
In addition to the information requirements indicated above, each
application for a sign may be accompanied by additional information at
the discretion of the Development Authority.
(12)
In addition to the information requirements indicated above, the
Development Authority may also require that a report prepared by a
Professional Engineer accompany a development permit application in
proximity to a waterbody, which describes the potential of the subject site
being flooded from a 1:100 year flood event, the potential subsidence or
erosion of the subject site, and the ground compaction of the subject site,
together with further information describing the mitigative measures
necessary to eliminate the defined flood, subsidence, erosion hazard or to
resolve any ground compaction concerns.
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(13)
In addition to the information requirements indicated above, the
Development Authority may also require any phase of an environmental
assessment to determine the possible contamination of the subject site
and the mitigative measures necessary to eliminate such contamination.
Alternative to or in addition to the foregoing, the Development Authority
may require a biophysical assessment to determine the potential effects
of a proposed development on the natural environment, and the
measures necessary to mitigate such effects.
(14)
At the sole discretion of the Development Authority Officer, any new
development within an existing subdivision may be required to provide to
the Development Authority, for approval, an elevation plan of the subject
site which indicates where the storm water is to be directed. Storm water
from the subject site is not to be directed onto adjoining properties unless
appropriate drainage easements or rights-of-way are in place. If the
applicant for a development permit indicates that the municipality is to
verify compliance with the elevation and/or storm water management plan,
the cost to verify that the lot grades have been completed according to the
plan shall be included in the cost of the development permit.
(15)
In addition to the information indicated above, a development permit
application for land lying within an Area Structure Plan area may, at the sole
discretion of the Development Authority Officer, be required to include such
other materials to demonstrate to the satisfaction of the Development
Authority that the intent of the District and/or of any Area Structure Plan policy
have been met. Such materials shall be provided by qualified professionals,
if applicable.
(16)
When, in the opinion of the Development Authority, sufficient details of the
proposed development have not been included with the application for a
development permit, the Development Authority may, at its sole
discretion, either return the application to the applicant for further details
or make a decision on the application with the information it has available.
A returned application shall be deemed to not have been submitted until
all required details have been provided to the satisfaction of the
Development Authority.
(17)
The Development Authority may refuse to accept an application for a
development permit if the application is for a similar development on the
same property as a development permit which has been applied for and
refused by the Development Authority or the Subdivision and
Development Appeal Board within the last six (6) months.
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4.2
REFERRAL OF APPLICATIONS
(1)
Development in proximity to a Highway:
Applications for development located within 0.8 km (0.5 mi.) of the right of
way of a highway, where the proposed development would have direct
access from the highway, shall be referred to Alberta Transportation for
comment prior to any decision by the Development Authority;
(2)
Development in Proximity to Existing Confined Feeding Operations:
In dealing with development of uses in close proximity to existing confined
feeding operations (as determined by the Development Authority), the
application for development may be referred to the Natural Resources
Conservation Board (NRCB) for assistance.
(3)
The Development Authority may refer any application for a development
permit to any person or agency for comments in writing. Within an Area
Structure Plan area, an application for a development permit shall be
referred for comments in accordance with any applicable Area Structure
Plan policy.
4.3
DECISION
(1)
Permitted Use Applications
(a)
Upon receipt of a completed application for a development permit
for a permitted use, the Development Authority Officer shall
approve, with or without conditions, an application for a permitted
use where the proposed development conforms to this Bylaw and
may:
(i)
impose such conditions as are required to ensure
compliance with this Bylaw including both the verification by
either an official appointed by the municipality or by
certification by either an engineer, an architect, or an Alberta
Land Surveyor that the measures indicated within the various
elements of information provided with the application,
including any mitigative or elimination measures, as
described through the information provided pursuant to
Section 4.1 above, have been completed or will be
undertaken, as appropriate, in accordance with the
Development Authority's approval;
(ii)
require, as a condition of issuing a development permit, that
the applicant enter into a development agreement with the
municipality to do any or all of the following:
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(A)
to construct or pay for the construction of a road
required to give access to the development;
(B)
to construct or pay for the construction of a
pedestrian walkway system to serve the development,
or 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-street or
other parking facilities, and loading and unloading
facilities;
(E)
to pay an off-site levy or redevelopment levy;
(F)
to give security to ensure that the terms of the
agreement under this section are carried out;
(iii)
refuse to issue a development permit in the case where
satisfactory arrangements have not been made by a
developer for a proposed building on any parcel, where it
would otherwise be permitted by the Bylaw, for the supply of
water, electric power, sewerage and road access, or any of
them, including payment of the costs of installing or
constructing any such utility by the developer; and/or
(iv)
issue a temporary development permit that:
(A)
may consider and decide upon a development for a
specific period of time, not exceeding one year;
(B)
shall impose a condition on such a permit that the
municipality is not liable for any costs involved in the
cessation or removal of the development at the expiration
of the time period stated in the permit; and
(C)
may require the applicant to post acceptable security
guaranteeing
the
cessation
or
removal
of
the
development to the greater of 25% of the value of the
structure or $1,000.
When issuing a temporary development permit, the expiry
date for the permit shall be clearly indicated on the notice of
decision.
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(b)
A person to whom a development permit has been issued shall
obtain from the appropriate authority, where applicable, permits
relating to building, grades, sewers, water mains, electricity,
highways, and all other permits required in connection with the
proposed development.
(c)
The applicant shall be financially responsible during construction
for any damage by the applicant, their servants, their suppliers,
agents or contractors to any public or private property.
(d)
The applicant shall prevent excess soil or debris from being spilled
on public roads, lanes and sidewalks, and shall not place soil or
any other materials on an adjacent parcel without permission in
writing from the adjacent property owners.
(e)
Sections 4.3(1)(c) and 4.3(1)(d) above may be enforced pursuant
to PART 7.0 of this Bylaw. Any costs incurred as a result of
neglect to public property may be collected where financial
guarantees have been required pursuant to Section 4.3(1)(a)(ii)(F)
of this Bylaw.
(f)
No building or use shall be used or occupied and no change in the
existing occupancy classification of a building shall be made until
the developer, proposed user or proposed occupant of said
building or use demonstrates that substantial completion, as
determined by the Development Authority Officer, has been
undertaken.
(g)
Notwithstanding Subsection (a) above, upon receipt of a
completed application for a development permit for a permitted
use, the Development Authority Officer may refer to the Municipal
Planning Commission those applications for development specified
in the list of permitted uses that, in the opinion of the Development
Authority Officer, should be decided by the Municipal Planning
Commission.
(h)
Where development permit applications for permitted uses are
referred to the Municipal Planning Commission pursuant to
Section 4.3(1)(g) above, the Municipal Planning Commission shall
be subject to the same provisions that apply and are available to
the Development Authority Officer as prescribed in Section 4.3(1),
Subsections (a) to (f) of this Bylaw.
(2)
Discretionary Use Applications
(a)
Upon receipt of a completed application for a development permit
for a discretionary use, the Development Authority Officer shall
review the application and refer the application with the
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Development Authority Officer's recommendations to the Municipal
Planning Commission for decision.
(b)
The Municipal Planning Commission may, prior to making a
decision, refer any application for a discretionary use to any
municipal department or external agency for comment.
(c)
The Municipal Planning Commission shall approve, with or without
conditions, or refuse the application, giving reasons for the refusal.
(d)
The Municipal Planning Commission may require, as a condition of
issuing a development permit, that:
(i)
the applicant enter into an agreement with the municipality
to do any or all of the following:
(A)
to construct or pay for the construction of a road
required to give access to the development;
(B)
to construct or pay for the construction of: a
pedestrian walkway system to serve the development,
or 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-street or
other parking facilities, and loading and unloading
facilities;
(E)
to pay an off-site levy or redevelopment levy;
(F)
to give security to ensure that the terms of the
agreement under this section are carried out;
(G)
any other requirements as determined by the
Development Authority.
(ii)
the applicant provide a Real Property Report, signed by an
Alberta Land Surveyor, along with a signed authorization
form or letter from the Alberta Land Surveyor stating that the
municipality may utilize the Surveyor's Real Property Report
for evaluating the compliance of the development against all
land use regulations and conditions of approval.
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(e)
A person to whom a development permit has been issued shall
obtain from the appropriate authority, where applicable, permits
relating to building, grades, sewers, water mains, electricity and
highways, and all other permits required in connection with the
proposed development.
(f)
The applicant shall be financially responsible during construction
for any damage by the applicant, their servants, their suppliers,
agents or contractors to any public or private property.
(g)
The applicant shall prevent excess soil or debris from being spilled
on public roads, lanes and sidewalks, and shall not place soil or
any other materials on an adjacent parcel without permission in
writing from the adjacent property owners.
(h)
Sections 4.3(2)(f) and 4.3(2)(g) above may be enforced pursuant
to PART 7 of this Bylaw. Any costs incurred as a result of neglect
to public property may be collected where financial guarantees
have been required pursuant to Section 4.3(2)(d)(ii)(F) of this
Bylaw.
(i)
No building or use shall be used or occupied and no change in the
existing occupancy classification of a building shall be made until
the developer, proposed user or proposed occupant of said
building or use demonstrates that substantial completion, as
determined by the Development Authority Officer, has been
undertaken.
(j)
The Municipal Planning Commission may issue a temporary
development permit where the Municipal Planning Commission is
of the opinion that the discretionary use is of a temporary nature.
When issuing a temporary development permit, the expiry date for
the permit shall be clearly indicated on the notice of decision.
(k)
Where any use is proposed which is not specifically shown in any
land use district but is, in the opinion of the Municipal Planning
Commission, similar in character, intent and purpose to other uses
of land and buildings provided by the Bylaw in the land use district
in which such use is proposed, the Municipal Planning Commission
may, if requested by the applicant, rule that the proposed use is a
discretionary use in the land use district in which such use is
proposed.
(l)
The Municipal Planning Commission may refuse, or approve with
conditions, any development if, in the opinion of the Municipal
Planning Commission, the proposed development will detract from
the character or appearance of the general development in the
area.
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(3)
Additional Provisions
(a)
Council has approved the contents of the Wabasca Downtown
Design Guidelines as their intent for the designated downtown area
outlined on Map A-8 in Part 11 of this Bylaw. The Development
Authority shall make the Wabasca Downtown Design Guidelines
known to individuals requesting an application for all development
permits within the designated area if their development proposal
includes any construction which is or may be visible from a road.
(b)
The Development Authority may also require that as a condition of
issuing a development permit, all requirements of this Bylaw and of
Provincial regulations be met, and that any further development on
the subject site require a development permit.
(c)
In the case where a proposed specific use of land or a building is
not provided for in any District in the Bylaw, the Development
Authority may determine that such use is similar in character and
purpose to a permitted or discretionary use prescribed for a
particular District.
(d)
An application for a development permit shall, at the option of the
applicant, be deemed to be refused when a decision thereon is not
made by the Development Authority within forty (40) days after
receipt of the application by the Development Authority. The
person claiming to be affected may appeal in writing as provided for
in Part 5 of this Bylaw as though he has received a refusal at the
end of the forty (40) day period specified in this subsection.
(e)
A Development Authority may suspend or revoke a development
permit at any time:
(i)
where the permit was issued on the basis of incorrect
information, fraud, non-disclosure, or misrepresentation on
the part of the applicant; or
(ii)
where the permit was issued in error.
4.4 VARIANCE PROVISIONS
(1)
The Municipal Planning Commission may approve or conditionally
approve a discretionary use or a permitted use referred to the Municipal
Planning Commission that does not comply with this Bylaw if, in the
opinion of the Development Authority Officer or Municipal Planning
Commission, as the case may be:
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(a)
the proposed development would not:
(i)
unduly interfere with the amenities of the neighbourhood,
or,
(ii)
materially interfere with or affect the use, enjoyment or
value of neighbouring parcels of land, and
(b) the proposed development conforms with the use prescribed for that
land or building in this Bylaw.
(2)
The Development Authority Officer may in deciding on a development
permit application for a permitted use allow for a total minor variance to a
maximum of 25% (twenty five percent) of any or all of the following
requirements :
(i)
setbacks from water bodies and watercourses as required
pursuant to Section 8.61(2) of this Bylaw,
(ii)
heights of fences in all Districts excepting Direct Control
Districts,
(iii)
setback regulations for required front, side, and rear yards in
all Districts excepting Direct Control Districts;
(iv)
minimum floor area requirements in all Districts excepting
Direct Control Districts;
If:
(v)
the proposed development would not:
(A)
unduly
interfere
with
the
amenities
of
the
neighbourhood, or,
(B)
materially interfere with or affect the use, enjoyment or
value of neighbouring parcels of land, and
(vi)
the proposed development conforms with the use prescribed
for that land or building in this Bylaw.
4.5
DEVELOPMENT PERMITS AND NOTICES
(1)
Except for those permits described in Section 4.5(3) hereof, a permit
granted pursuant to this Part does not come into effect until fifteen (15)
days after the date that notice of an order, decision, or development
permit is received as described in subsection (4). For the purposes of this
Bylaw, notice is deemed to be received on the fifth day after the date of
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the issuance of the order, decision, or permit. Any development
proceeded with by the applicant prior to the expiry of this period is done
solely at the risk of the applicant.
(2)
Where an appeal is made pursuant to Part 5 of this Bylaw, a development
permit which has been granted shall not come into effect until the appeal
has been determined and the permit has been confirmed, modified or
nullified thereby.
(3)
When a permit has been issued for the development of a permitted use,
and no provisions of this Bylaw have been relaxed or varied, no
notification shall be given of the decision except to the applicant.
(4)
When a permit other than a permit described in Section 4.5(3) hereof has
been issued, the Development Authority shall immediately:
(a)
post a notice of the decision conspicuously on the property for
which the application has been made; and/or
(b)
mail a notice in writing to all adjacent land owners who, in the sole
opinion of the Development Authority, may be affected; and/or
(c)
publish a notice of the decision in a newspaper circulating in the
Municipal District,
stating the location of the property for which the application has been
made and the use approved.
(5)
If the development authorized by a permit is not commenced within twelve
(12) months from the date of the issue of the development permit, and
completed within three (3) years of the date of issue, the permit is
deemed to be void, unless an extension to this period is granted by the
Development Authority.
(6)
A decision of the Development Authority on an application for a
development permit shall be given in writing and a copy of it sent to the
applicant.
(7)
When the Development Authority refuses an application for a
development permit, the decision shall contain reasons for the refusal.
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PART 5 - DEVELOPMENT APPEAL PROCESS
5.1
APPEAL PROCEDURE
(1)
The Subdivision and Development Appeal Board, as established by
Municipal District Bylaw, shall hear and make a decision on an appeal
where a Development Authority:
(a)
refuses or fails to issue a development permit to a person within
forty (40) days of receipt of the application, or
(b)
issues a development permit subject to conditions, or
(c)
issues an order under Part 7 of this Bylaw,
and the person applying for the permit or affected by the order, or any
other person affected by an order, decision or development permit of a
Development Authority appeals to the Subdivision and Development
Appeal Board.
(2)
Notwithstanding subsection (1) above, no appeal lies in respect of the
decision on the issuance of a development permit by the Council within
the Direct Control (DC) District.
(3)
Notwithstanding subsection (1) above, no appeal lies in respect of the
issuance of a development permit for a permitted use unless the
provisions of this Bylaw were relaxed, varied or misinterpreted.
(4)
An appeal shall be made by serving a written notice of appeal and
submitting the applicable fee to the Secretary of the Subdivision and
Development Appeal Board within fourteen (14) days after
(a)
the date the order, decision or permit issued by the Development
Authority was publicized in accordance with this Bylaw; or
(b)
the forty (40) day period referred to in Section 4.3(7) of this Bylaw
has expired.
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5.2
APPEAL HEARING
(1)
Within thirty (30) days of receipt of a notice of appeal, the Subdivision and
Development Appeal Board shall hold an appeal hearing respecting the
appeal.
(2)
The Subdivision and Development Appeal Board shall give at least five (5)
days' notice in writing of the appeal hearing to:
(a)
the appellant;
(b)
the Development Authority from whose order, decision or
development permit the appeal is made;
(c)
those adjacent land owners who were notified under this Bylaw and
any other person who, in the opinion of the Subdivision and
Development Appeal Board, are affected by the order, decision or
permit; and
(d)
such other persons as the Subdivision and Development Appeal
Board specifies.
(3)
The Subdivision and Development Appeal Board shall make available for
public inspection before the commencement of the appeal hearing all
relevant documents and materials respecting the appeal including:
(a)
the application for the development permit, its refusal and the
appeal therefrom; or
(b)
the order of the Development Authority,
as the case may be.
(4)
At the appeal hearing referred to in subsection (1), the Subdivision and
Development Appeal Board shall hear:
(a)
the appellant or any other person acting on their behalf;
(b)
the Development Authority from whose order, decision or
development permit the appeal is made, or if a person is
designated to act on behalf of the Development Authority, that
person;
(c)
any other person who was served with notice of the hearing and
who wishes to be heard or a person acting on their behalf; and
(d)
any other person who claims to be affected by the order, decision
or permit and that the Subdivision and Development Appeal Board
agrees to hear, or a person acting on their behalf;
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5.3
APPEAL DECISION
(1)
The Subdivision and Development Appeal Board shall give its decision in
writing together with reasons for the decision within fifteen (15) days of the
conclusion of the appeal hearing.
(2)
If the decision of the Development Authority to approve a development
permit application is reversed by the Subdivision and Development
Appeal Board, the development permit shall be null and void.
(3)
If the decision of the Development Authority to refuse a development
permit application is reversed by the Subdivision and Development
Appeal Board, the Development Authority shall forthwith approve the
development permit application in accordance with the decision of the
Subdivision and Development Appeal Board.
(4)
If the decision of the Development Authority to approve a development
permit is varied by the Subdivision and Development Appeal Board, the
Development Authority shall forthwith approve the development permit
application in accordance with the decision of the Subdivision and
Development Appeal Board.
(5)
A decision made under this part of the Bylaw is final and binding on all
parties and all persons subject only to an appeal upon a question of
jurisdiction or law pursuant to the Act. An application for leave to the
Court of Appeal shall be made:
(a)
to a judge of the Court of Appeal; and
(b)
within thirty (30) days after the issuance of the order, decision,
permit or approval sought to be appealed.
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PART 6 - BYLAW AMENDMENT PROCESS
6.1
APPLICATION FOR AMENDMENT
(1)
A person may apply to have this Bylaw amended by applying in writing,
furnishing reasons in support of the application and paying the fee
therefore required.
(2)
Council may at any time initiate an amendment to this Bylaw by directing
the Development Authority to initiate an amendment therefore:
(3)
All applications for amendment to the Land Use Bylaw shall be made to
the Council and shall be accompanied by the following, namely:
(a)
an application fee according to the governing Land Use Bylaw fee
schedule as amended from time to time by resolution of Municipal
District Council shall be submitted for each application, but if the
proposed amendment is adopted by Council, Council may
determine that the whole or part of the application fee may be
returned to the applicant;
(b)
a title search for the land affected or other documents satisfactory
to the Development Authority indicating the applicant's interest in
the said land;
(c)
drawings drawn on standard drafting material to the satisfaction of
the Development Authority, which shall be fully dimensioned,
accurately figured, explicit and complete; and
(d)
any other information deemed necessary by the Development
Authority.
(4)
During deliberation on the Bylaw amendment application, Council may
refer the application to such agencies as it considers necessary for
comment.
(5)
Council may request such information as it deems necessary to reach a
decision on the proposed amendment.
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6.2
PUBLIC HEARING PROCESS
(1)
At the discretion of Council, first reading of a proposed amendment may
be given before the Public Hearing process, and Council may require that
the applicant pay a fee for advertising according to the governing Land
Use Bylaw advertising fee schedule as amended from time to time by
resolution of Municipal District Council.
(2)
All amendments to this Bylaw shall be made by Council, by Bylaw, and in
conformity with the requirements of the Act with regard to the holding of a
Public Hearing.
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PART 7 - ENFORCEMENT AND ADMINISTRATION
7.1
CONTRAVENTION AND PENALTIES
(1)
Where a Development Authority finds that a development or use of land
or buildings is not in accordance with
(a)
the Act or the regulations made thereunder, or
(b)
a development permit or subdivision approval, or
(c)
this Bylaw,
the Development Authority may, by notice in writing, order the owner, the
person in possession of the land or buildings, or the person responsible
for the contravention, or all or any of them to
(i)
stop the development or use of the land or buildings in
whole or in part as directed by the notice, and/or
(ii)
demolish, remove or replace the development, and/or
(iii)
take such other measures as are specified in the notice
so that the development or use of the land or buildings is in accordance
with the Act, the regulations made thereunder, a development permit,
subdivision approval or this Bylaw, as the case may be.
(2)
Where a person fails or refuses to comply with an order directed to him
under subsection (1) or an order of the Subdivision and Development
Appeal Board within the time specified, the Development Authority may, in
accordance with Section 542 of the Act, enter upon the land or building
and take such action as is necessary to carry out the order.
(3)
Where the Development Authority carries out an order, the Council shall
cause the costs and expenses incurred in carrying out the order to be
placed on the tax roll as an additional tax against the property concerned,
and that amount shall be collected in the same manner as taxes on land.
(4)
A person who contravenes or fails to comply with any provision of this
Bylaw is guilty of an offence and is liable upon summary conviction to a
fine not exceeding $10,000.00 or to imprisonment for not more than one
year, or to both fine and imprisonment, pursuant to Section 566 of the Act.
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(5)
A Development Authority may suspend or revoke a development permit
which has not been complied with, following notification, stating the
reasons for such action.
(6)
In addition to the process and penalties described above, the
Development Authority or any other person identified as a designated
officer by the Council for the purposes of this Section, shall be authorized
to issue violation tickets in respect to any contravention of this Bylaw.
(7)
Violation Tickets
(a)
The Development Authority or any other person identified as a
designated officer by the Council for the purposes of this Section,
may issue a violation ticket to any person alleged to have breached
any provision of this Bylaw.
(b)
The violation ticket shall specify the alleged offence committed by
the person to whom the violation ticket is issued and require
payment, within 21 days from the date of issue of the violation
ticket, of a fine to the Municipal District.
(c)
Persons contravening any provision of this Bylaw to whom violation
tickets are issued shall be liable for a penalty of $250.00 for a first
offence and $500.00 for a second or subsequent offence. Each
day that a breach of the Bylaw has occurred may be considered to
be a separate offence.
(d)
The violation ticket shall be served upon the alleged offender
personally or by single registered mail. If payment is made within
the time limit, then such payment shall be accepted in lieu of
prosecution for the offence.
(e)
If a person who has been served with a violation ticket fails to pay
the fine specified therein, then the right of the alleged offender to
settle the alleged offence without a court appearance shall no
longer apply and prosecution for the alleged offence shall proceed.
(f)
If the person who was served with the violation ticket is thereafter
prosecuted and convicted of the offence specified in the violation
ticket, the fine imposed shall not be less than the amount specified
in the violation ticket(s), plus court costs, for each offence.
(g)
If a violation ticket has been issued with respect to a development
which has occurred without an approved development permit, all
fines indicated above shall be doubled.
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PART 8 - LAND USE DISTRICTS - GENERAL
REGULATIONS
8.1
AMATEUR & SMALL RADIO ANTENNAS
An amateur or small radio antenna shall conform to the following provisions:
(a)
it shall be installed according to the manufacturer's specifications;
(b)
it shall be located in the rear yard;
(c)
it shall conform to the height regulations in the district in which the
antenna is located;
(d)
it shall not be illuminated or have any signs affixed thereto; and
(e)
at the discretion of the development authority, it shall be adequately
buffered from adjacent land uses.
8.2
AMENITY AREAS
Where required in any District, private and/or communal amenity areas shall be
provided in accordance with the following:
(1)
Private outdoor amenity areas shall be designed for the occupants of an
individual dwelling unit and shall:
(a)
be located immediately adjacent to, and with direct access from,
the dwelling it is intended to serve;
(b)
be located in a yard other than a front yard;
(c)
be landscaped and surfaced for convenient use for outdoor
activities;
(d)
be of a width and length of at least 4 m (13.2 ft.); and
(e)
be developed as open space unencumbered by any accessory
buildings or future additions.
(2)
Notwithstanding Subsection (1)(d) above, balconies may be considered
private outdoor amenity areas provided they are unenclosed and have a
minimum depth of 2.0 m (6.5 ft.).
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(3)
Communal amenity areas shall be designed for the recreational use of all
residents of the development or for the use and enjoyment of the public in
the case of a non-residential development. The area shall be indoor or
outdoor space, or a combination thereof, including but not limited to
landscaped courtyards, public seating areas, swimming pools, fitness
rooms, party rooms, games rooms, and children's play areas complete
with equipment.
(4)
In multi-family dwelling developments of eight (8) dwelling units or more,
a minimum communal amenity area of 2.5 sq. m (26.9 sq. ft.) per dwelling
unit shall be provided and be developed as children's play space or other
communal recreation space, and be aggregated into areas of not less
than 50.0 sq. m (528.2 sq. ft.).
(5)
In multi-family dwelling developments, at least ten percent (10%) of the
open space area required on the lot shall be provided for recreational
purposes; and in multi-family dwelling developments of eight (8) units or
more, recreational equipment shall be provided on this area to the
satisfaction of the Development Authority. This requirement may be
relaxed at the discretion of the Development Authority where indoor
recreational facilities are provided.
8.3
ANCILLARY BUILDINGS & USES IN OTHER DISTRICTS
(1)
An ancillary building or use is subject to the requirements for main
buildings and uses within that District.
(2)
All ancillary buildings and uses shall comply with all relevant provisions of
this Bylaw.
(3)
No person shall use, or permit an ancillary building to be used as a
dwelling unit, except as a surveillance suite, garden suite or a garage
suite, where allowed in this Bylaw.
(4)
Ancillary buildings shall not be located on an easement or a utility right-of-
way.
(5)
A temporary ancillary building or fence may be permitted on a utility right-
of-way at the discretion of the Development Authority if a Development
Permit is approved and an encroachment agreement is signed to the
satisfaction of the Municipal District.
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8.4
ANCILLARY BUILDINGS & USES IN RESIDENTIAL DISTRICTS
(1)
All ancillary buildings and uses shall comply with all relevant provisions of
this Bylaw.
(2)
No person shall use, or permit an ancillary building to be used as a
dwelling unit, except as a surveillance suite, a garden suite or a garage
suite, where allowed in this Bylaw.
(3)
Ancillary buildings shall not be located on an easement or a utility right-of-
way.
(4)
A temporary ancillary building or fence may be permitted on a utility right-
of-way at the discretion of the Development Authority if a Development
Permit is approved and an encroachment agreement is signed to the
satisfaction of the Municipal District.
(5)
Where a building is attached to the main building on a site by its roof, an
open or enclosed structure, a floor or a foundation, it is considered to be a
part of the main building.
(6)
Except as otherwise indicated in this Bylaw, this Section applies within all
Residential Districts.
(7)
No ancillary building or use, other than a parking space or a fence, shall be
erected or placed within a minimum required front yard.
(8)
Notwithstanding Subsection (3) above, the Development Authority may
approve the erection of an ancillary building or use other than a swimming
pool or a hot tub within the minimum front yard requirement provided that no
building is located within 15.0 m (49.2 ft.) from the right-of-way of a highway
or road.
(9)
With the exception of a rear-entrance garage, an ancillary building shall be
situated on an interior lot so that the exterior wall is at least 0.9 m (2.9 ft.)
from the side and rear lines of the lot.
(10)
Garages shall be located so that vehicle entrance doors shall not be closer
than 5.5 m (18.0 ft.) from the boundary line towards which they face or open.
(11)
On corner lots, ancillary buildings shall be situated so that the side yard which
abuts the road is not less than the minimum side yard requirement for the
main building or use.
(12)
On lake front lots, a boat house may, at the discretion of the Development
Authority, be located on the lot not less than 7.5 m (24.6 ft.) from the
boundary line closest to the lake shoreline.
(13)
An ancillary building shall be not more than 6.0m (19.7 ft.) in height.
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(14)
Except at the discretion of the Development Authority, no ancillary building
may have a floor area greater than the floor area of the dwelling on the same
lot.
(15)
All ancillary buildings shall be constructed of materials that blend
harmoniously with the main building on the lot.
(16)
Except in Residential Recreation District, no ancillary building may be built on
a lot before a main building or a main use is developed on the lot.
(17)
Sea cans must be well-maintained and in good condition, or alternatively,
must be adequately buffered to the satisfaction of the Development
Authority. The Development Authority may require that a sea can be
given a fresh coat of paint or any other exterior finish to ensure that the
sea can conforms to the appearance of existing buildings on the site
and/or adjacent sites, as a condition of the issuance of a development
permit.
8.5
ANIMAL CARE AND RELATED USES
(1)
These regulations shall apply to all animal care and related uses,
including: animal hospitals, and veterinary clinics.
(2)
The Development Authority shall require that developers of these uses
pay particular attention to Sections 8.41 and 8.42 of this Bylaw,
specifically noise and odour which may cause nuisance or negative
external
impact.
Pens,
rooms,
and
runs
shall
be
adequately
soundproofed.
(3)
Facilities which house animals overnight shall be equipped with an
adequate number of indoor exercise runs relative to the maximum number
of animals that can be housed.
(4)
A separate air extractor system shall be provided in the animal holding
area where heating and air conditioning is shared with other
developments
8.6
BED AND BREAKFAST ESTABLISHMENTS
A bed and breakfast establishment shall comply with the following regulations:
(1)
A bed and breakfast establishment shall not change the principal
character or external appearance of the dwelling involved.
(2)
Cooking facilities shall not be located within the sleeping units.
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(3)
In addition to any other parking requirements of this Bylaw, one (1)
additional parking space shall be provided for each sleeping unit.
(4)
A bed and breakfast establishment shall comply with all of the
requirements for a home occupation described elsewhere in this Bylaw.
8.7
BUILDING EXTERIORS IN WABASCA DOWNTOWN
(1)
The regulations and requirements of this section shall apply to all
development permit applications on all lands identified as being affected
by this Section on Map A-8 of Part 11, in this Bylaw.
(2)
The exterior finish and design features on all buildings within the area
identified on Map A-8 of Part 11 shall, in the sole opinion of the
Development Authority, conform to the principals and details of the
Wabasca Downtown Design Guidelines which have been approved by
Council, and further, shall be of a character and quality satisfactory to the
Development Authority.
(3)
The design, character, and appearance of all buildings within the area
identified on Map A-8 of Part 11 shall:
(a)
be compatible with other buildings in the vicinity unless the building
is setting a new standard for the District in which it is located,
(b)
be suited to the purpose of the District in which it is located, and
(c)
comply with the provision of any statutory plan applicable to the
design, character or appearance of the building.
8.8
CANNABIS PRODUCTION AND DISTRIBUTION DEVELOPMENTS
Regulations within this section apply to the production and development of
cannabis for medicinal and non-medicinal purposes.
(1)
No cannabis production and distribution development may be permitted
unless all applicable licensing and approvals have been provided for by
the provincial and federal governments.
(2)
Cannabis production and distribution developments shall comply with all
Land Use Bylaw and policy requirements as well as all applicable Federal
and Provincial regulations including:
(a)
The sale of cannabis in accordance with the Access to Cannabis
for Medical Purposes Regulations, as amended, or any subsequent
legislation that may be enacted.
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(3)
Where provisions in this section or are in conflict with the regulations of
any district or any section of this Bylaw, the provisions of this section shall
take precedence and be applied in addition to the regulations of the
district and other applicable sections of this Bylaw.
(4)
Any cannabis production and distribution development must comply with
the following requirements, in addition to any other municipal or provincial
regulations or requirements:
(a)
A cannabis production and distribution development must meet all
applicable requirements of the identified district, which allows for
the use.
(b)
Only facilities licensed by the provincial or federal governments will
be permitted.
(c)
A copy of the license(s) for the cannabis production and distribution
development as issued by the provincial and/or federal government
shall be provided to the Development Authority.
(d)
A cannabis production and distribution development may not
operate in conjunction with another approved use on the lot(s) or
parcel(s).
(e)
Cannabis products must not be smoked, ingested, or otherwise
consumed on the premises of a cannabis production and
distribution development.
(f)
The cannabis production and distribution development must not
permit any person who is not an adult to be present anywhere on
the cannabis production and distribution development premises,
unless accompanying an adult authorized user to the designated
waiting area(s).
(5)
The Development Authority may require an applicant for a Development
Permit for a cannabis production and distribution development to have any
or all of the following information be prepared by a qualified professional
and have it included with the application:
(a)
Waste Management Plan
(b)
Environmental Assessment
(c)
Traffic Impact Assessment
(d)
Water/Wastewater Report
(e)
Storm Water Management Plan
(f)
Any additional study or assessment necessary to address specific
concerns at the discretion of the Development Authority.
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(6)
Cannabis production and distribution development must include suitable
landscaping
and
parking
requirements,
as
determined
by
the
Development Authority. Parking shall comply with regulations of this Bylaw
and meet all servicing standards of the municipality.
(7)
Cannabis production and distribution development shall meet security and
premises requirements as required under provincial and federal
legislation.
(8)
The design of the buildings and the landscaping on the site shall be
consistent with the characteristics and appearance of the surrounding
neighbourhood.
(9)
The development shall be designed to minimize any exposure or
disturbance to the surrounding area including, but not limited to, dust,
pollution, noise, odour, or any other related land use nuisance effects.
(10)
No outdoor storage of goods, material, or supplies shall be permitted.
(11)
Garbage containers and waste material shall be contained within an
enclosed and locked building.
(12)
Solid waste material shall be secured in accordance with provincial and
federal regulations until destroyed.
(13)
All activities related to the cannabis production and distribution
development shall occur within fully enclosed stand-alone building(s),
including but not limited to loading, receiving, and shipping of cannabis
and any other goods, materials, and supplies.
(14)
Hours of operation shall be restricted as a condition of the development
permit issued by The Development Authority.
(15)
A School Site, for the purposes of this section, means the lot(s) or
parcel(s) on which either a day care or a public education facility is
situated, including those wherein "institutional" is listed as a permitted use.
(16)
A Residential Parcel, for the purposes of this section, means any parcel
wherein a "dwelling" is listed as a permitted use excepting those wherein a
"dwelling unit" is listed and described as accessory to the use or
accessory to the principal use.
(17)
A cannabis production and distribution development's exterior lighting and
noise levels shall satisfy the following requirements:
(a)
The illumination of parking areas, walkways, signs, and other
structures associated with cannabis production and distribution
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development shall be arranged to meet the requirements under
provincial and federal regulations.
(b)
Noise from facilities shall not exceed that allowed under the Land
Use Bylaw or any other bylaw and/or policy of the municipality and
the requirements under provincial and federal regulations.
(18)
The development permit application for a cannabis production and
distribution development, shall; in addition to the above noted
requirements, include the following additional information:
(a)
The distance between the proposed facility and all school sites
within the municipality. A school site, for the purposes of this
section, means the lot(s) or parcel(s) on which either a day care or
a public education facility is situated, including those wherein
"institutional" is listed as a permitted use.
(b)
The distance between the proposed facility and the nearest
residential development or lot. A residential lot, for the purposes of
this section, means any lot wherein a "dwelling" is listed as a
permitted use excepting those uses wherein a "dwelling unit" is
listed and described as accessory to the use or accessory to the
principal use.
(19)
A cannabis production and distribution development shall meet the
minimum separation distance of 0.8 km (0.5 miles) between an existing
Dwelling, School Site, or Residential Parcel and the cannabis production
and distribution development. The minimum separation distance between
an existing Residential lot or School Site and a cannabis production and
distribution development shall be established by measuring the shortest
distance between the boundary of a Residential Parcel or School Site and
the boundary of the cannabis production and distribution development.
(20)
A Dwelling, Residential Parcel, or School Site constructed or created after
the approval of a cannabis production and distribution development shall
not be considered a Dwelling, Residential Parcel, or School Site.
(21)
A building or structure used for security purposes for a cannabis
production and distribution development may be located in the front yard
and must comply with the required minimum setbacks.
(22)
On site buffering measures shall be required for all cannabis production
and distribution developments. Buffers may include a combination of
space separation, vegetation, and fencing to mitigate the impacts on
adjacent lots.
(23)
A site, building or structure established, operated, or maintained as a
cannabis production and distribution development shall comply with the
provisions made for in any applicable Municipal, Provincial, and Federal
regulations as per this Bylaw.
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(24)
This is not exclusive and shall not prevent the municipality from exercising
any other remedy available under the law, nor shall the provisions of this
section prohibit or restrict other Federal or Provincial law or policy to be
enacted upon.
8.9
CANNABIS RETAIL SALES
Regulations within this section apply to the sale of cannabis for non-medical
purposes.
(1)
No cannabis retail sale development may be permitted unless all
applicable licensing and approvals have been provided for by the
provincial and federal governments.
(2)
Cannabis retail sale developments shall comply with all Land Use Bylaw
and policy requirements as well as all applicable Federal and Provincial
regulations including:
(a)
The production of cannabis in accordance with the Access to
Cannabis for Medical Purposes Regulations, as amended, or any
subsequent legislation that may be enacted.
(3)
Where provisions in this section or are in conflict with the regulations of
any district or any section of this Bylaw, the provisions of this section shall
take precedence and be applied in addition to the regulations of the
district and other applicable sections of this Bylaw.
(4)
Any cannabis retail sale development must comply with the following
requirements, in addition to any other municipal or provincial regulations
or requirements:
(a)
A cannabis retail sale development must meet all applicable
requirements of the identified district, which allows for the use.
(b)
Only facilities licensed by the provincial or federal governments will
be permitted.
(c)
A copy of the license(s) for the cannabis retail store development
as issued by the provincial and/or federal government shall be
provided to the Development Authority.
(d)
Cannabis products must not be smoked, ingested, or otherwise
consumed on the Premises of a cannabis retail sale development.
(e)
The cannabis retail sale development must not permit any person
who is not an adult to be present anywhere in the cannabis retail
sale building.
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(5)
The Development Authority may require an applicant for a Development
Permit for a cannabis retail sale development to have any or all of the
following information be prepared by a qualified professional and have it
included with the application:
(a)
Waste Management Plan
(b)
Environmental Assessment
(c)
Traffic Impact Assessment
(d)
Water/Wastewater Report
(e)
Storm Water Management Plan
(f)
Any additional study or assessment necessary to address specific
concerns at the discretion of the Development Authority.
(6)
Cannabis retail sale development must include suitable landscaping and
parking requirements, as determined by the Development Authority.
Parking shall comply with regulations of this Bylaw and meet all servicing
standards of the municipality.
(7)
Cannabis retail sale development shall meet security and premises
requirements as required under provincial and federal legislation.
(8)
The design of the buildings and the landscaping on the site shall be
consistent with the characteristics and appearance of the surrounding
neighbourhood.
(9)
The development shall be designed to minimize any exposure or
disturbance to the surrounding area including, but not limited to, dust,
pollution, noise, odour, or any other related land use nuisance effects.
(10) No outdoor storage of goods, material, or supplies shall be permitted.
(11) Solid waste material shall be secured in accordance with provincial and
federal regulations until destroyed.
(12) Hours of operation shall be restricted as a condition of the development
permit issued by The Development Authority.
(13) A cannabis retail sale development's exterior lighting and noise levels
shall satisfy the following requirements:
(a)
The illumination of parking areas, walkways, signs, and other
structures associated with cannabis retail sale development shall
be arranged to meet the requirements under provincial and federal
regulations.
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(b)
Noise from facilities shall not exceed that allowed under the Land
Use Bylaw or any other bylaw and/or policy of the municipality and
the requirements under provincial and federal regulations.
(14)
Cannabis retail sales as defined in this Bylaw shall be prohibited:
(a)
within 100m (328.1 ft.) from a public education facility;
(b)
within 100m (328.1 ft.) from a health service;
(c)
within 100m (328.1 ft.) from a public park;
(d)
within 100m (328.1 ft.) from a day care facility;
(e)
within 100m (328.1 ft.) from a recreational use; and
(f)
within 200m (656.2 ft.) from approved cannabis retail sales.
(15)
A public education facility, health service, public park, day care facility, or
recreational use constructed or created after the approval of a cannabis
retail sale development shall not be considered public education facility,
health service, public park, day care facility, or recreational use.
(16)
The separation distance between cannabis retail sales use and the uses
listed in 8.9 subsection (14) shall be determined by measuring a straight
line from the closest point on the lot line of the lot on which the proposed
cannabis retail sales use is located to the closest point on the lot line of
the lot on which the other specified use is located. The separation
distance shall not be measured from district boundaries or walls of
buildings.
(17)
A site, building or structure established, operated, or maintained as a
cannabis retail sale development shall comply with the provisions made
for in any applicable Municipal, Provincial, and Federal regulations as per
this Bylaw.
(18)
This is not exclusive and shall not prevent the municipality from exercising
any other remedy available under the law, nor shall the provisions of this
section prohibit or restrict other Federal or Provincial law or policy to be
enacted upon.
8.10 CAR WASHES
(1)
In addition to those locations permitted in this Schedule, a car wash may
be allowed as a discretionary use as part of a shopping centre if the
Development Authority is satisfied that it will not adversely affect an
adjoining land use or traffic circulation within and adjacent to the shopping
centre.
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(2)
The minimum lot area shall be 560.0 sq. m (6028.0 sq. ft.). In the case of
service stations or gas bars including car washes, minimum lot area shall
be 1110.0 sq. m (11,948.0 sq. ft.).
(3)
All lot and building requirements pertaining to drive-in businesses shall
also apply to car washes.
8.11 CONFINED FEEDING OPERATIONS AND MANURE STORAGE
FACILITIES
Confined feeding operations and manure storage facilities for which an approval,
a registration, or an authorization is required pursuant to the Agricultural
Operation Practices Act are not regulated by this Bylaw but by that Act.
8.12 CONTROLLED APPEARANCE/BUILDING EXTERIORS
(1)
The exterior finish on all buildings shall be of a permanent material, and
be of a character and quality satisfactory to the Development Authority.
(2)
The design, character, and appearance of all buildings shall:
(a)
be compatible with other buildings in the vicinity unless the building
is setting a new standard for the District in which it is located,
(b)
be suited to the purpose of the District in which it is located, and
(c)
comply with the provision of any statutory plan applicable to the
design, character or appearance of the building.
(3)
Unless forming part of a single project which has been designed and
approved under one development permit application, no single detached
dwellings of identical or, in the opinion of the Development Authority,
similar roof or front elevations and fronting on either side of a road shall
be located within two (2) lots from each other.
8.13 CONVERSION OF SINGLE FAMILY DWELLINGS TO OTHER
USES
(1)
In considering any application for the conversion of a single family
dwelling into another use, the Development Authority shall ensure that the
Development complies with the following requirements:
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(a)
The use shall be listed as a permitted or a discretionary use in the
District in which the single family dwelling is located.
(b)
Off-street parking shall be located at the rear of the principal
building wherever possible and accessible from the lane only,
except in the case of a corner lot where parking may be allowed
between the side of the principal building and the road, if the
parking is screened from adjacent roads to the satisfaction of the
Development Authority.
(c)
Where the conversion involves exterior renovation, such renovation
shall be of a nature which maintains a height, exterior finish, design
and coverage to the satisfaction of the Development Authority.
(d)
Existing healthy vegetation should be retained whenever possible
and to the satisfaction of the Development Authority.
(e)
All signs shall be in keeping with Section 8.41 of this Bylaw.
8.14 DAY USE AND PICNIC AREAS
(1)
A sufficient number of picnic tables, fire pits and garbage cans shall be
provided to accommodate the design capacity of the lot. Exact numbers
shall be at the discretion of the Development Authority.
(2)
The facility shall be designed and landscaped in order to minimize
disturbance to the natural environment and to protect heavy use areas
from damage.
(3)
Where the day use area directly adjoins a residential development,
adequate screening or fencing, to the satisfaction of the Development
Authority, will be required between the uses.
(4)
Parking areas should be physically separated from the rest of the day use
or picnic areas.
8.15 DEVELOPMENT ON CORNER LOTS
On corner lots in any district, no fence, wall, tree, bush structure or thing more than
0.9 m (3 ft.) in height shall be erected, placed or maintained within the triangular
area formed by the intersecting boundary lines of the lot adjacent to the a highway
or road and a straight line joining points on those boundary lines 6 m (20 ft.) from
their intersection.
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8.16 DRIVE-IN BUSINESSES
(1)
Location
(a)
A drive-in business may be located only where it can be shown, to
the satisfaction of the Development Authority that the development
would not:
(i)
impede safe traffic movement entering and exiting the lot;
(ii)
interfere with the functioning of surrounding roads or the
enjoyment of any neighbouring residential uses; and
(iii)
create unsafe traffic circulation on the lot.
(b)
A drive-in business may be located in a shopping centre or other
multiple use development at the discretion of the Development
Authority.
(2)
Lot Area and Coverage
(a)
Except as provided in Subsection (b) hereof or Table 3, the
minimum parcel area shall be 600.0 sq. m (6458.0 sq. ft.), the
minimum frontage shall be 30.0 m (98.4 ft.), and the maximum floor
area of buildings shall be 90.0 sq. m (969.0 sq. ft.).
Parcel Area and Parcel Coverage Requirements for Drive-in Businesses
Type of Business
Parcel Area (Minimum)
Parcel
Coverage
(Maximum)
Drive-in Restaurant
600.0 sq. m (6458.0 sq. ft.)
20%
Gas Bars (not associated with
other developments)
60.0 sq. m (646.0 sq. ft.) for each
fuel pump not including the area
covered by buildings
15%
Service Stations
1200.0 sq. m (12,917.0 sq. ft.)
20%
including
pump
islands
Car Washes
600.0 sq. m (6458.0 sq. ft.)
20%
Service Station & Car Wash
together
1200.0 sq. ft. (12,917.0 sq. ft.)
20%
Drive-through
Vehicle
Service
Establishment
600.0 sq. m (6458 sq. ft.)
20%
Table 1: Parcel Area and Parcel Coverage Requirements for Drive-in Businesses
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(b)
Where a drive-in business forms part of a shopping centre of
multiple use development, the minimum parcel area, maximum
parcel coverage, and maximum building floor area may be varied at
the discretion of the Development Authority.
(3)
Curb Cuts
(a)
The nearest edge of a curb cut to the property line on the adjacent
road shall be not less than 8.0 m (26.2 ft.).
(b)
The maximum width of the curb cut shall be 10.0 m (32.8 ft.).
(c)
The minimum distance between curb cuts on the same lot line shall
be 6.0 m (19.6 ft.). The Development Authority may increase this
minimum distance for situations where, in their sole opinion, public
safety or convenience would be improved.
(4)
The minimum required distances between lot lines and any building shall
be:
(a)
9.5 m (31.1 ft.) from the lot line to that part of the principal building
used as a drive-through building or as part of a drive-through;
(b)
6.0 m (19.6 ft.) from any lot line or parking areas to all pump
islands;
(c)
3.0 m (9.8 ft.) from any lot line to canopies over pump islands or
drive-through aisles; and
(d)
for a drive-through development adjacent to a residential use or
Residential District:
(i)
10.0 m (32.8 ft.), or
(ii)
in the case of a car wash, 25.0 m (82.0 ft.), or
(iii)
such greater distance that the Development Authority
deems necessary in order to buffer the residential use or
District from noise, traffic or other impacts of the drive-
through development.
(5)
Queuing Space
(a)
Queuing space and traffic circulation shall be provided in
accordance with the following:
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Table 2: Queuing Space Requirements
(b)
Queuing spaces must allow for vehicle turning and maneuvering.
(c)
Pump islands must be located to allow a through traffic lane with a
minimum width of 6.0 m (19.6 ft.).
(d)
With the exception of a drive-through restaurant, a queuing space
does not include any space occupied by a motor vehicle during the
provision of service.
(6)
Lot and Building Requirements
(a)
All parts of the lot to which vehicles may have access shall be hard-
surfaced and drained to the satisfaction of the Development
Authority.
(b)
The lot and all improvements thereon shall be maintained in clean
and tidy condition, free from rubbish and debris.
(c)
Receptacles for the purpose of disposing of rubbish and debris
shall be provided as required by the Development Authority.
(d)
A minimum of ten percent (10%) of the lot area of a drive-in
business shall be landscaped to the satisfaction of the
Development Authority.
(e)
In addition to the fencing, landscaping, and environmental
protection requirements indicated in Section 7.4 a berm and/or
fence shall be erected and maintained by the developer of a drive-
in business along any lot lines abutting or across a lane or walkway
from a Residential District.
Queuing Space Requirements for Drive-in Businesses
Type of Business
Inbound
queuing
Space
Requirements
Outbound
Queuing
Space Requirements
Drive-through Development with
a Drive-up Service
3 per service window
1 per service window
Drive-through
Vehicle
Service
Establishment
4 per service bay
1 per service bay
Full Service Car Wash
4 or any such number as required
by the Development Authority
taking
into
consideration
the
number of wash bays
2 or any such number as
required
by
the
Development
Authority
taking into consideration
the number of wash bays
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(f)
If a car wash is located on a lot which abuts a residential use or a
Residential District, noise attenuation shall be provided to the
satisfaction of the Development Authority.
8.17 ENVIRONMENTAL SCREENING
(1)
Where the potential for prior contamination of a lot exists, the
Development Authority may require that a Phase 1 Environmental Site
Assessment
be
conducted
according
to,
applicable
provincial
requirements and/or guidelines prior to a development permit being
issued. Any follow-up assessment or remedies that may be required may
be incorporated into conditions for the approval of a development permit.
(2)
Where the potential for flooding or high ground water levels on a lot exists,
the Development Authority may require that a geotechnical report be
conducted according to, applicable provincial requirements and/or
guidelines prior to a development permit being issued. Any follow-up
assessment or remedies that may be required to be incorporated into
conditions for the approval of a development permit.
(3)
Where a lot is adjacent to a lake, the Development Authority may require
that a geotechnical report be conducted according to, applicable provincial
requirements and/or guidelines prior to a development permit being
issued. Any follow-up assessment or remedies that may be required may
be incorporated into conditions for the approval of a development permit.
8.18 EXISTING SUBSTANDARD LOTS
Development on existing substandard lots may be allowed by the Development
Authority. Compliance with the Alberta Safety Codes Act and any applicable
Provincial Board of Health Regulations shall be required.
8.19 FENCING MATERIALS
(1)
Neither razor wire nor barbed wire shall be allowed within the Residential
Districts on lots under 0.4 ha (1.0 ac.) in area.
(2)
Razor wire shall not be used in the municipality without a development
permit having been issued to allow its use.
(3)
Except in the E District, barbed wire shall be used as a fencing material
only if a development permit has been issued to allow its use.
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8.20 GARAGE SUITES
(1)
A garage suite shall only be allowed on a lot occupied by a single family
dwelling or a duplex dwelling.
(2)
A garage suite is prohibited from being constructed within an apartment.
(3)
A maximum of one (1) garage suite is permitted per lot where allowed on
parcels under 0.8 ha (2.0 ac) in area.
(4)
A maximum of two (2) garage suites are permitted per lot where allowed on
parcels 0.8 ha (2.0 ac) in area or greater. However, if two (2) garage suites
are developed on a lot then no additional garden suite, in-law suite or
secondary suite shall be allowed.
(5)
Notwithstanding any other provisions in this Bylaw, a garage suite shall only
be permitted to be constructed on a lot concurrently with the main use or after
the main use on the lot has been built.
(6)
Shared mechanical rooms and common areas shall be excluded from the
floor area calculation of the garage suite.
(7)
A garage suite includes, but not limited to, a food preparation area,
counter/cupboard space, sink, refrigerator, stove (or provision of 220 volt
wiring) and toilet with bathing facilities.
(8)
A garage suite shall have an entrance separate from the entrance to the
garage, either from a common indoor landing or directly from the exterior of
the structure.
(9)
The minimum floor area for an at grade garage suite shall be 30.0 sq. m
(322.9 sq. ft.).
(10)
The minimum floor area for an above grade garage suite shall be 30.0 sq. m
(322.9 sq. ft.).
(11)
A garage suite shall remain accessory to and subordinate to the principal
dwelling and shall not exceed 80.0 sq. m (860.0 sq. ft.) in floor area.
(12)
At grade garage suites shall have a maximum height of 4.3 m (14.1 ft.).
(13)
Above grade suites have a maximum height of 5.5 m (18.0 ft.) for suites
with a flat roof, and 6.5 m (21.3 ft.) for suites with a sloped roof, provided
that the maximum height is not higher than the height of the principal
dwelling.
(14)
A minimum of two (2) on-site parking spaces for the dwelling and one (1)
on-site parking spaces for each garage suite - is required. Tandem
parking may be permitted at the discretion of the Development Authority.
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Figure 29: Garden Suite at Grade
(15)
A garage suite shall not be subject to separation from the principal
Dwelling through a condominium conversion or subdivision.
8.21 GARDEN SUITES
(1)
A garden suite shall only be allowed on a lot occupied by a single family
dwelling or a duplex dwelling.
(2)
A garden suite is prohibited from being constructed on the same lot as an
apartment.
(3)
A maximum of one garden suite is permitted per lot where allowed on parcels
under 0.8 ha (2.0 ac) in area.
(4)
A maximum of two (2) garden suites are permitted per lot where allowed on
parcels 0.8 ha (2.0 ac) in area or greater. However, if two (2) garden suites
are developed on a lot then no additional garage suite, in-law suite or
secondary suite shall be allowed.
(5)
Notwithstanding any other provisions in this Bylaw, a garden suite shall only
be permitted to be constructed on a lot concurrently with the main use or after
the main use on the lot has been built.
(6)
The exterior finish of a garden suite must be well maintained and consistent
with the finish of the primary building.
(7)
Shared mechanical rooms and common areas shall be excluded from the
floor area calculation of the garden suite.
(8)
A garden suite includes, but not limited to, a food preparation area,
counter/cupboard space, sink, refrigerator, stove (or provision of 220 volt
wiring) and toilet with bathing facilities.
(9)
The minimum floor area for a garden suite shall be 30.0 sq. m (322.9 sq. ft.).
(10)
A garden suite shall remain accessory to and subordinate to the principal
dwelling and shall not exceed 80.0 sq. m (860.0 sq. ft.) in floor area.
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(11)
Garden suites shall have a maximum height of 4.3 m (14.1 ft.).
(12)
A minimum of two (2) on-site parking spaces for the dwelling and one (1)
on-site parking spaces for each garden suite - is required. Tandem
parking may be permitted at the discretion of the Development Authority.
(13)
Windows contained within a garden suite shall be placed and sized such
that they minimize overlook into Yards and windows of abutting properties
through one or more of the following:
(a)
off-setting window placement to limit direct views of abutting rear or
side yard amenity areas, or direct view into a Garden Suite window
on an abutting site;
(b)
strategic placement of windows in conjunction with landscaping or
the placement of other accessory buildings; and
(c)
placing larger windows such as living room windows, to face a lane,
a flanking street, or the larger of any side yard abutting another
property.
(14)
A garden suite shall not be subject to separation from the principal
dwelling through a condominium conversion or subdivision.
8.22 GROUP HOMES, DAY HOMES AND CHILD CARE FACILITIES
(1)
All group homes, day homes, and child care facilities shall conform to
regulations under the Safety Codes Act and any other relevant Provincial
legislation and regulations.
(2)
In addition to all other regulations of this Bylaw, a group home
development shall comply with the following regulations:
(a)
The maximum number of residents shall be established by the
Development Authority who shall have regard for the nature of the
group home and the density of the District in which it is located.
(b)
In making a decision on a development permit for a group home,
the Development Authority shall consider, among other matters, if
the development would be suitable for the location proposed,
taking into account: potential traffic generation, proximity to a park
or other open or recreation areas, isolation of the proposed location
from other residential uses, buffering or other techniques designed
to limit any interference with other uses or the peaceful enjoyment
of their properties by nearby residents, and consistency in terms of
intensity of use with other development in the area.
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(c)
The group home shall not generate pedestrian or vehicular traffic or
parking in excess of that which is characteristic of the District in
which it is located.
(3)
In addition to all other regulations of this Bylaw, a child care facility
development and a day home development shall comply with the following
regulations:
(a)
The maximum number of children for which care may be provided
in a child care facility shall be established by the Development
Authority who shall have regard for the nature of the facility, the
density of the District in which it is located, potential increases in
traffic, and the location of the use in relation to other uses in the
area of the development.
(b)
The maximum number of children for which care may be provided
in a day home shall be established by the Development Authority
who shall have regard for the nature of the day home, the density
of the District in which it is located, potential increases in traffic,
and the location of the use in relation to other uses in the area of
the development.
(c)
Notwithstanding subsection (3)(b) above, the number of children
within a day home established within a dwelling unit in any
Residential District shall conform to provincial standards.
(d)
A child care facility shall not be the main use of a building within
any Residential District.
(e)
A child care facility in any non-residential District shall be in a
separate facility, either within the main building on the lot or in an
accessory building, with a separate access to ground level and an
adjacent playground area.
8.23 HAZARDOUS MATERIALS
(1)
No anhydrous ammonia (AA) or liquefied petroleum gas tank or (LPG)
storage tank with a water capacity exceeding 9080 l (2000 gal.) shall be
allowed within the hamlet areas
(2)
All developments which store, manufacture, or utilize materials or
products which may be hazardous due to their flammable or explosive
characteristics will comply with Provincial and Federal legislation and
regulations.
(3)
No development in any District shall emit air or water contaminants in
excess of the standards in prescribed Provincial and Federal legislation
and regulations.
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(4)
No development shall create or discharge toxic materials in amounts or
quantities that exceed the levels prescribed by Provincial and Federal
legislation and regulations.
(5)
All commercial or industrial developments involving the following
hazardous materials in bulk shall submit a written description of the
materials and operations being undertaken on the lot to the Development
Authority for review prior to development approval at the time of
development permit application: or at the time the operation begins using
the material and provide the Development Authority with a site plan
showing where the materials will be stored:
(a)
poisonous and infections agents;
(b)
pesticides;
(c)
corrosives and explosives;
(d)
flammable and combustible liquids;
(e)
manures; and
(f)
radiation.
(6)
No development shall discharge toxic or noxious materials:
(a)
across the boundaries of a lot;
(b)
through infiltration into the soil;
(c)
into the municipal sewage disposal system, except as otherwise
directed by the municipality; or
(d)
into a water body, any surface water channel, or any below surface
water course.
8.24 HOME OCCUPATIONS
(1)
All development permits issued for home occupations shall be revocable
at any time by the Development Authority, if, in its opinion, the use is or
has become detrimental to the amenities of the neighbourhood in which it
is located.
(2)
A minor home occupation shall comply with the following regulations:
(a)
A minor home occupation shall not employ any person on-site
other than a resident of the dwelling.
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(b)
No offensive noise, vibration, smoke, dust, odour, heat, glare,
electrical or radio disturbance detectable beyond the boundary of
the lot on which the minor home occupation is located shall be
produced by the home occupation.
(c)
Except in the E District, there shall be no outdoor business activity,
or outdoor storage of material or equipment associated with the
minor home occupation allowed on the site. Storage related to the
minor home occupation shall be allowed only in either the dwelling
or ancillary buildings.
(d)
Up to five (5) business visits per week are allowed.
(e)
Exterior alterations or additions to accommodate a minor home
occupation shall not be allowed.
(f)
No commercial vehicle used in or for the home based business
shall be parked on the subject site, unless the vehicle is fully
enclosed within a garage, or on the adjoining road.
(g)
No exterior signage shall be allowed.
(3)
A major home occupation shall comply with the following regulations:
(a)
The number of non-resident employees working on-site shall not
exceed two (2) on-site, non-occupant employees.
(b)
Up to 8 business visits per day are allowed in the E District. In all
other Districts, up to four (4) business visits per day are allowed.
(c)
No more than one (1) commercial vehicle up to a size of a tandem
truck, to be used in conjunction with the major home occupation,
shall be parked or maintained on the site in a Residential District.
The parking space for the commercial vehicle shall be adequately
screened and sited behind the principal building to the satisfaction
of the Development Authority.
(d)
Not more than four (4) commercial vehicles, each with one ancillary
trailer, to be used in conjunction with the major home occupation,
shall be parked or maintained on a site in an E District. The
number of commercial vehicles that will be allowed to be parked on
or in proximity to the site of a major home occupation will be a
condition of the approval of a development permit for a major home
occupation.
(e)
Any interior or exterior alterations or additions to accommodate a
major home occupation may be allowed at the discretion of the
Development Authority, as long as such alterations comply with this
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Bylaw and the Alberta Safety Codes Act and the regulations made
thereunder.
(f)
There shall be no exterior signage, display or advertisement other
than a business identification sign, the size of which shall be
entirely at the discretion of the Development Authority, and related
to the location of the sign on the lot.
(4)
All home occupations shall comply with the following requirements:
(a)
In addition to a development permit application, each application
for a minor home occupation or a major home occupation shall be
accompanied by a description of the business to be undertaken in
the dwelling, an indication of the anticipated number of business
visits per week, and details for the provision of parking along with
other pertinent details of the business operation.
(b)
When a development permit is issued for a home occupation, such
permit shall be terminated should the applicant vacate the property
for which the permit has been issued.
(c)
A minor or major home occupation shall not occupy more than 20%
of the floor area of the main dwelling or 35 sq. m (375 sq. ft.),
whichever is the lesser.
(d)
Home occupations shall not involve:
(i)
activities that use or store hazardous material in quantities
exceeding those found in a normal household; or
(ii)
any use that would, in the opinion of the Development
Authority, materially interfere with or affect the use,
enjoyment, or value of neighbouring properties.
(5)
Notwithstanding any other provision of this Bylaw to the contrary, within
the E District, a home occupation may include the use of any building built
specifically for use by that home occupation or the outdoor storage of one
(1) or more vehicles.
(6)
A permit issued for a home occupation is valid for one (1) year or longer
as determined by the Development Authority. It is the obligation of the
developer to seek renewal of a development permit prior to the expiry of
the time period for which the initial permit was issued. The Development
Authority shall consider the renewal on its merits.
(7)
A stop order may be issued at any time if, in the opinion of the
Development Authority, the operator of the home occupation has violated
any provisions of this Bylaw or conditions of the approval of the
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development permit and complaints based on the operation of the home
occupation have been received.
8.25 INDUSTRIAL DEVELOPMENT
(1)
An application for the establishment of an industrial use shall be
considered by the Development Authority after requesting advisory
comment by the provincial authorities and agencies that the Development
Authority may deem, in their sole discretion, to have an interest. The
Development Authority shall request that such comments be made in
writing.
(2)
Each application for an industrial use shall be accompanied by the
following information related to the application, in addition to the
information required pursuant to Section 4.1 of this Bylaw:
- Type of industry
- Size of buildings
- Number of employees
- Estimated water demand and anticipated source
- Type of effluent and method of treatment
- Transportation routes to be used (rail and road)
- Reason for specific location
- Any accessory works required (pipeline, railway spurs, etc.)
and/or any such other information as may be reasonably required by the
Development Authority.
(3) All site regulations and requirements shall be based upon the type of
industrial development proposed, and shall be at the discretion of the
Development Authority, in accordance with the District in which the lot is
located.
8.26 IN-LAW SUITES
(1)
An in-law suite shall only be allowed on a lot occupied by a single family
dwelling or a duplex dwelling.
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(2)
An in-law suite is prohibited from being constructed within an apartment.
(3)
A maximum of one in-law suite is permitted on any single detached dwelling
or duplex lot.
(4)
An in-law suite must be subordinate in area and appearance to the main use
on the lot.
(5)
Shared mechanical rooms and common areas shall be excluded from the
floor area calculation of the in-law suite.
(6)
An in-law suite includes, but not limited to, a food preparation area,
counter/cupboard space, sink, refrigerator, stove (or provision of 220 volt
wiring) and toilet with bathing facilities.
(7)
An in-law suite does not have an entrance separate from the entrance to the
main dwelling.
(8)
A minimum of three (3) on-site parking spaces - two (2) for the dwelling and
one (1) for the in-law suite - are required. Tandem parking may be permitted
at the discretion of the Development Authority.
8.27 INTENSIVE AGRICULTURE
All development proposals for intensive agriculture shall be considered and
decided upon by the Development Authority individually based upon their
individual merit and consideration should be given to such items as site
selection, waste disposal, first owner priority, and the distance from watercourses
and waterbodies, and from roads and highways.
8.28 KEEPING OF DOMESTIC PETS AND LIVESTOCK
The keeping of domestic pets and livestock in the Residential Districts shall be in
accordance with the following, without the need to obtain a development permit:
(1)
No animals other than domestic pets or the animals listed in Subsection (7) of
this Section shall be allowed in Residential Districts.
(2)
The total number of domestic pets per lot shall not exceed four (4).
(3)
On any lot less than 0.61 ha (1.5 ac.) in size, no animals except as provided
for in Subsection 8.28(2) shall be allowed.
(4)
On lots 1.0 ha (1.5 ac) in size and larger, additional livestock units shall be
allowed in accordance with the following:
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Allowable Number of
Lot Size
Livestock Units
0.61 - 1.0 ha (1.5 - 2.5 ac.)
2
1.0 - 2.0 ha (2.5 - 5.0 ac.)
3
2.0 - 3.1 ha (5.0 - 7.5 ac.)
4
2.01 - 8.09 ha (7.5 - 19.99 ac.)
5
On lots greater than 8.09 ha (19.99 ac.), livestock unit restrictions shall not
apply.
(5)
Animals shall be kept under such conditions that they do not act as a
nuisance and reduce the amenities of the residential area for other residents,
nor shall they create any health nuisance.
(6)
The keeping of domestic pets or livestock not in accordance with this section
8.28 shall require a development permit.
(7)
For the purposes of this section, "one (1) livestock unit" means:
(a)
one (1) horse (over one (1) year old), or
(b)
two (2) colts (up to one (1) year old), or
(c)
one (1) cow or steer (over one (1) year old), or
(d)
one (1) buffalo (over one (1) year old), or
(e)
two (2) calves (up to one (1) year old), or
(f)
one (1) llama, or
(g)
two (2) alpacas, or
(h)
one (1) pig (over one (1) year old), or
(i)
two (2) piglets (up to one (1) year old), or
(j)
ten (10) ducks, turkeys, geese or chickens, or
(k)
two (2) sheep or goats, or
(l)
twenty (20) rabbits or similar rodents.
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(8)
The keeping of ostriches, emus, or other ratites shall only be allowed upon
issuance of a development permit. Two (2) ostriches, emus, or other ratites
shall be the equivalent of one livestock unit. Any development permit issued
for the keeping of these animals shall require, as a condition of the approval,
the construction of a minimum 1.8 m (5.9 ft.) high perimeter fence comprised
of tight lock game fencing or chain link fencing with steel or wooden posts
around the fenced pen area.
(9)
For animals specified in Subsections 8.28(7)(a) to (g), a perimeter fence not
less than 1.2 m (3.9 ft.) in height shall be constructed of four (4) strand
barbed wire, chain link or wood/ steel rail. The perimeter fence is to be no
closer than 20.0 m (65.6 ft.) from the nearest dwelling. For all other animals
specified in Subsection 8.28(7), appropriate fencing will be constructed to
contain said animals/birds within the property.
(10)
The municipality will discourage grazing within sensitive riparian areas and
will not approve grazing leases adjacent to the bed and shore of lakes within
the hamlets.
8.29 LANDSCAPING
(1)
The Development Authority may require, as a condition of the approval of a
development permit, the preparation and implementation of a landscaping
plan.
(2)
A landscaping plan shall contain the following information for the site and
adjacent boulevards:
(a)
all physical features, existing or proposed, including shrubs, trees,
flower beds, berm contours, walls, fences, outdoor furniture, surface
utilities, and decorative paving; with
(b)
all shrubs and trees, whether existing or proposed labeled by their
common name and size.
(3)
The Development Authority may impose conditions requiring the retention or
removal of trees, as well as additional tree planting.
(4)
In addition to other provisions in this Bylaw, all permitted forms of non-
farming related (residential, industrial, recreational) developments shall
maintain a buffer as may be required by the Development Authority.
(5)
Buffers may include vegetation screens, distance separation, or a
combination of these or any such suitable interposing features as the
Development Authority may require.
(6)
All development in proximity to highways shall be screened, landscaped and
buffered to the satisfaction of the Development Authority.
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(7)
A garbage collection area, an open storage area, or an outdoor service area
which is visible from an abutting site in a residential district, or from a public
roadway other than a lane, shall be fenced or have a screen planting. The
location, length, thickness and height of such fence or screen planting shall
be in accordance with the landscaping plan as approved by the Development
Authority. Such fence or screen planting shall be maintained to provide
effective screening from the ground to a height of 1.8 m (6 ft.).
8.30 LARGE WIND ENERGY CONVERSION SYSTEMS
(1)
Prior to making a decision on an application for a development permit for
a large wind energy conversion system, the Development Authority shall
consider input from:
(a)
any adjacent municipality should the proposed development be
located within 2 km (1.2 mi.) of the municipality; and
(b)
landowners within 2 km (1.2 mi.) of the proposed development.
(2)
When making an application for a development permit for a Large Wind
Energy Conversion System, the developer shall provide to the
Development Authority appropriate reports and/or approvals from the
following:
(a)
Transport Canada
(b)
NavCanada
(c)
Alberta Culture and Community Spirit
(d)
Alberta Environment
(e)
Alberta Sustainable Resource Development
(f)
Alberta Tourism, Parks and Recreation
(g)
Alberta Transportation
(3)
Should a large wind energy conversion system discontinue producing
power for a minimum of two (2) years, the system operator shall be
required to provide a status report to the Development Authority. The
Development
Authority
may
then
require
that
the
system
be
decommissioned. Failure to comply with a decommissioning requirement
shall be considered to be a breach of this Bylaw, and subject to the
enforcement provisions of this Bylaw.
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(4)
A large wind energy conversion system shall comply with all the setbacks
related to roads and highways that govern the principal use in the district
in which it is located.
(5)
Where, in the opinion of the Development Authority, the setbacks referred
to in Section 8.30(4) above are not sufficient to reduce the impact of a
large wind energy conversion system from a road or highway, the
Development Authority may increase the required setback.
(6)
The turbine base shall be no closer to the property line than four times the
height of the wind turbine tower. Where in the opinion of the Development
Authority the setback from the property line should be varied, the
Development Authority may require an acoustical study to establish
appropriate setbacks.
(7)
The minimum vertical blade clearance from grade shall be 7.4 m (24.6 ft.)
for a wind energy conversion system employing a horizontal axis rotor
unless otherwise required by the Development Authority.
(8)
To ensure public safety, the Development Authority may require that:
(a)
a secure fence not less than 1.8 m (5.9 ft.) in height with a lockable
gate surround a wind energy conversion system tower if the tower
is climbable or subject to vandalism that could threaten tower
integrity;
(b)
no ladder or permanent tower access device be located less than
3.7 m (12.1 ft.) from grade;
(c)
a locked device be installed on the tower to preclude access to the
top of the tower; and
(d)
such additional safety mechanisms or procedures be provided as
the
Development
Authority
may
consider
reasonable
and
appropriate.
The use of tubular towers, with locked door access, may, at the sole
discretion of the Development Authority, make unnecessary the above
requirements.
(9)
All power lines on the site of a large wind energy conversion system to the
power grid or a power substation will be underground except where the
Development Authority specifically approves overhead or above grade
installations.
(10)
Unless otherwise required by the Development Authority, a large wind
energy conversion system shall be finished in a non-reflective matte and
in a colour which minimizes the obtrusive impact of a system to the sole
requirements of the Development Authority.
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(11)
No lettering, advertising or other symbol shall appear on the towers or
blades. On other parts of the large wind energy conversion system, the
only lettering or symbol allowed will be the manufacturer's and/or owner's
identification or symbol and then, only upon the approval of and at the
sole discretion of the Development Authority.
(12)
The Development Authority may approve a large wind energy conversion
system on a case-by-case basis having regard for:
(a)
information provided in the application;
(b)
the proximity of the proposed development to other land uses;
(c)
the cumulative effect of all wind energy conversion systems
approved or proposed in the area;
(d)
underlying utilities; and
(e)
information received from the circulation of the application and from
the public.
(13)
Large wind energy systems must comply with applicable air traffic safety
regulations. Transport Canada must be notified of the location (latitude
and longitude) and height of all wind turbine installations through the
aeronautical clearance application process.
8.31 LIGHTING
Any proposed lighting shall be located and arranged so that light is not directed
onto adjacent properties.
8.32 MAJOR AND MINOR TWO-LANE HIGHWAYS
(1)
This Section only applies to lands within the Resource (E) District.
(2)
The following regulations apply to development adjacent to minor-two lane
highways:
(a)
On a parcel of land located at the intersection of a minor two-lane
highway with a grid road, no development shall be allowed within the
areas illustrated in Figure 29.
(b)
On a parcel of land located at the intersection of two minor two-lane
highways, no development shall be allowed within the area illustrated
in Figure 30.
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(c)
On a parcel of land located in the inside of a road curve, no
development shall be allowed within the areas illustrated in Figure 31.
(d)
No development shall be located so that access or egress to a minor
two-lane highway road is within 150 m (500 ft) of the beginning or end
of a road curve of greater than twenty (20) degrees curvature or within
the distance from the intersection of two roads as illustrated in Figures
29, 30 and 31, unless otherwise approved by the Development
Authority.
(e)
Access or egress to a minor two-lane highway shall not be permitted
where it would be:
(i)
less than 150 m (500 ft.) from an existing access on the same
side of the road;
(ii)
less than 150 m (500 ft.) from a bridge;
(iii)
less than 150 m (500 ft.) from an at-grade railway crossing; or
(iv)
at a point where the gradient of the road is in excess of three
percent when the existing surveyed road has been constructed
to minor two-lane highway standards. Access or egress will be
permitted only if construction to minor two-lane highway
standards is expected within two years and the grade will then
be less than three percent.
(f)
The planting of trees adjacent to minor two-lane highways shall be in
accordance with the requirement illustrated in Figures 29, 30 and 31,
unless otherwise approved by the Development Authority.
(g)
The Development Authority may prescribe or approve screening for
uses which involve the outdoor storage of goods, machinery, vehicles,
building materials, waste materials or other similar uses.
(h)
Undeveloped parcels legally created prior to the enactment of this
Bylaw and which would not have building sites resulting from this
section are excluded from the conditions shown in Figures 29, 30 and
31; however, development must meet provisions as required by the
Development Authority.
(3)
The following regulations apply to development adjacent to major-two lane
highways:
(a)
On a lot located at the intersection of two major two-lane highways, no
development shall be allowed within the areas illustrated in Figure 32
unless otherwise approved by the Development Authority.
(b)
On a lot located at the intersection of a major two-lane highway with a
minor two-lane highway, no development shall be allowed within the
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areas illustrated in Figure 33 unless otherwise approved by the
Development Authority.
(c)
On a lot located at the intersection of a major two-lane highway with a
grid road no development shall be allowed within the areas illustrated
in Figure 34 unless otherwise approved by the Development Authority.
(d)
The planting of trees adjacent to major two-lane highways shall be in
accordance with the requirements illustrated in Figures 32, 33 and 34,
unless otherwise approved by the Development Authority.
(e)
The Development Authority may prescribe or approve screening or
uses which involve the outdoor storage of goods, machinery, vehicles,
building materials, waste materials or other similar uses.
(f)
Notwithstanding highway development control regulations which apply,
this bylaw may establish a higher standard than those regulations for
development adjacent to major two-lane highways and their
intersections.
(g)
Undeveloped parcels legally created prior to the enactment of this
Bylaw and which would not have building sites resulting from this
section are excluded from the conditions shown in Figures 32, 33 and
34,;however, development must meet provisions as required by the
Development Authority.
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Figure 30: Setbacks from the Intersection of a Grid Road and a Minor Two-Lane Highway
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Figure 31: Setbacks from the Intersection of Two Minor Two-Lane Highways
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Figure 32: Setback Requirements within the Curve of a Grid Road or Highway
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Figure 33: Setbacks from the Intersection of Two Major Two-Lane Highways
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Figure 294: Setbacks from the Intersection of a Grid Road and a Major Two-Lane Highway
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Figure 35: Setbacks from the Intersection of a Major Two-Lane Highway and a Minor Two-Lane
Highway
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8.33 MANUFACTURED AND MOBILE HOMES
(1)
Before a development permit application is approved for a manufactured
or mobile home, the development authority shall ask the applicant for
verification that the home complies with both the CSA Z240 MH National
Mobile Home Standard and the Alberta Building Code (ABC) by virtue of
the existence of appropriate labels. If either the CSA Z240 or the Alberta
Municipal Affairs label is missing, the development authority will require an
inspection prior to approving an application for a development permit for
the location of the manufactured home or mobile home on a lot. That
inspection is to be done by an Alberta Safety Codes Officer and is to
indicate whether, and under what circumstances, the manufactured or
mobile home can regain a CSA Z240 label, and can be modified to
comply with the regulations made pursuant to the Alberta Safety Codes
Act.
(2)
Should one or both labels not be attached, and therefore should an
inspection by an Alberta Safety Codes Officer be required, a copy of the
inspection report shall be provided to the Development Authority. Should
the inspection indicate that upgrades to the manufactured or mobile home
are necessary to bring the home into compliance with the CSA Z240
standard or regulations made pursuant to the Alberta Safety Codes Act,
the Development Authority will assess the nature of the required upgrades
and, in consultation with the applicant, determine if the applicant is willing
to undertake the upgrades necessary, in terms of both cost and time. If
the applicant indicates, in writing, that he is willing to undertake the
upgrades, the Development Authority may approve the development
permit application, but only on condition that all required upgrades are
made and that the Development Authority receive verification from an
Alberta Safety Codes Officer that such upgrades have been satisfactorily
completed prior to occupancy of the manufactured or mobile home as a
dwelling.
(3)
Should both labels be attached to the manufactured or mobile home, the
development authority will still require, as a condition of the approval of a
development permit, that an inspection by an Alberta Safety Codes
Officer be undertaken, that the inspection report be provided to the
Development Authority, and should the inspection indicate that upgrades
to the manufactured or mobile home are necessary to bring the home into
compliance with the requirements of the regulations made pursuant to the
Safety Codes Act, all required upgrades shall be made, and further
require that all of these steps be undertaken prior to the occupancy of the
manufactured or mobile home as a dwelling.
(4)
In addition to the requirements of 8.33(1) and 8.33(2) above, a
manufactured or mobile home must meet the following aesthetic
regulations:
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(a)
The height of the main floor above grade shall be consistent with
the height of the main floor of dwellings in the immediate and
general area;
(b)
The roof pitch shall be consistent with the roof pitch of dwellings in
the immediate and general area;
(c)
Exterior finishing materials used on the roof and exterior walls shall
be consistent with the materials used on dwellings in the immediate
and general area;
(d)
Minimum roof overhang or eaves should be consistent with the
overhang or eaves of dwellings in the immediate and general area;
(e)
The design of each manufactured or mobile home shall ensure the
side or end facing the street on which the home fronts contains a
prominently placed front door, and windows in quantity and size
that are consistent with dwelling units in the immediate area;
(f)
Every manufactured or mobile home shall be placed on a full
perimeter foundation that complies with the Alberta Safety Codes
Act unless the manufactured or mobile home is designed to be
supported on longitudinal floor beams, in which case an alternate
skirted foundation system as described in CSA Z240.10.1 may be
employed;
(g)
The full perimeter foundation or the skirting material utilized on an
alternative skirting foundation should be parged in order to create
the same finished appearance customarily found on concrete
basements of single detached dwellings in the immediate and
general area.
Any required aesthetic upgrades to the manufactured or mobile home
must be completed before the issuance of the development permit.
8.34 MICRO WIND ENERGY CONVERSION SYSTEMS
(1)
A micro wind energy conversion system may be an accessory building on
a lot where any other use is the principal use. A micro wind energy
conversion system may also, where indicated as a permitted or
discretionary use within a District, be a principal use on a lot.
(2)
Notwithstanding any other provisions in this Land Use Bylaw, micro wind
energy conversion systems, which are systems which have a rated
capacity of less than 0.5 KW, may only be roof mounted or ground
mounted within a side or rear yard.
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(3)
Micro wind energy conversion systems shall be required to conform to set
back requirements for accessory buildings.
(4)
Maximum height shall be the maximum height provisions that apply within
the district in which the micro wind energy conversion system is located.
(5)
Number per lot
One micro wind energy conversion system is allowed per lot. A second
system may be permitted at the discretion of the Development Authority if
the applicant can demonstrate that there is adequate room on the lot.
8.35 MOTELS
(1)
Notwithstanding the provisions of the District in which it is located, a motel
shall have a minimum required front yard of 6.0 m (19.6 ft.).
(2)
Notwithstanding any other provisions of this Bylaw to the contrary, a
minimum of 10% of the lot area of a motel development shall be
landscaped in accordance with Section 8.29 and to the satisfaction of the
Development Authority.
8.36 MOVED-IN BUILDINGS
(1)
The movement of any building onto a lot, other than a farm building in the E
District, whether permanently or for a specific period of time, and whether or
not the building is portable or can easily be removed from the lot, shall
require an approved development permit.
(2)
The Development Authority may require the applicant to provide an
acceptable security equal to the estimated amount of repairs, to ensure
completion of any renovations set out as a condition of approval of a permit.
8.37 MULTIPLE DWELLING DEVELOPMENTS
(1)
Before any application for development of row housing or an apartment
development can be considered, the applicant must submit to the
Development Authority:
(a)
design plans and working drawings, including elevations, which
have been done or endorsed by a registered architect; and
(b)
site plans showing the proposed:
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(i)
location and position of structures on the lot, including any
"For Rent" or identification signs,
(ii)
location and number of parking spaces, exits, entries, and
drives from roads, lanes, or highways, and
(iii)
landscape plan of the entire lot that shall also show intended
surfacing for drives and parking areas.
(2)
The aforementioned plans will appended the application. If the
development permit is approved, the plans shall be deemed conditions of
approval. The Development Authority may require that security be
provided to ensure that the conditions are satisfied.
(3)
The relationship of buildings to each other and to the landscape, in
particular such matters as architectural appearance, the provision of light,
air, privacy, and landscaping, shall be shown upon the site plans. All this
information shall be provided to the satisfaction of the Development
Authority.
8.38 MUNICIPAL SERVICES/SANITARY FACILITIES/ROAD
AVAILABILITY
(1)
A development permit shall not be valid for a proposed use without the
necessary approvals respecting the proposed type of sanitary facilities
required by Provincial regulation.
(2)
A development permit shall not be issued for residential, recreational,
commercial or industrial uses unless the Development Authority is
satisfied that water supplies of sufficient quality and quantity are available
to support existing and proposed development.
(3)
At the discretion of the Development Authority, the provision of a water
reservoir, dugout or other similar facility may be required in a residential
development of more than three (3) lots for the purpose of firefighting
protection.
(4)
No development shall take place and no development permit shall be
approved unless the lot on which the development is to take place has
direct access to a developed, all-weather road constructed to municipal
standards or better. Alternatively, the Development Authority may
establish as a condition of approval that an all-weather road be
constructed by the developer/landowner to municipal standards or better
from the nearest such road to the lot.
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8.39 NATURAL RESOURCE EXTRACTION INDUSTRIES
(1)
In considering an application for the establishment of a natural resource
extraction industry, the Development Authority may request advisory
comment from the following authorities whose interest or jurisdiction may
be affected:
(a)
any Provincial government agency,
(b)
Regional Health Authority.
(2)
No development permit shall be issued for a proposed natural resource
extraction industry unless it can be demonstrated to the satisfaction of the
Development Authority that all necessary provincial permits and approvals
pertinent to the proposed development have been obtained.
(3)
Unless exempted by the Act, no development permit shall be approved for
a proposed natural resource extraction industry without a requirement that
there be a development agreement between the Municipal District and the
developer.
8.40 NEIGHBOURHOOD COMMERCIAL DEVELOPMENTS
(1)
Neighbourhood commercial developments located entirely within a
standalone building or located within a building that also contains
residential use may be allowed to locate in Residential Districts provided
that the development meets all of the other regulations of this Bylaw and,
further, that the development:
(a)
does not include as part of its operation a gas bar or vehicular
servicing component; and/or
(b)
is situated on a corner lot with safe access to a collector road (see
Figure 30).
(2)
The façade of a structure building containing a neighbourhood
commercial development that is located in a Residential District must be
integrated with the surrounding residential area.
(3)
The height of a building containing a neighbourhood commercial
development in a residential district may not exceed twice the height and
massing of the adjacent buildings.
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8.41 NOISE
No use or operation shall create noise levels which exceed those measures
prescribed in municipal bylaws.
8.42 NUISANCE
(1)
No activity may be undertaken on any lot which, in the opinion of the
Development Authority, constitutes a nuisance by reason of the
generation of vibration, heat, humidity, glare, smoke, dust, other
particulate matter, or odour.
(2)
Lots and buildings in all Districts shall be maintained in a clean and tidy
condition, free from all rubbish and debris.
(3)
Garbage shall be stored in weather-proof and animal-proof containers and
shall be placed in a location or screened from adjacent lots and roads, in
a manner that is to the satisfaction of the Development Authority and shall
be in a location easily accessible for pick-up.
8.43 NUMBER OF DWELLING UNITS ON A LOT
(1)
The number of dwelling units allowed on any residential lot shall not
exceed one (1) except where a second dwelling unit :
(a)
is proposed to be constructed or located on a lot of 32 ha (79 ac.)
or more; or
(b)
is a secondary suite, in-law suite, garage suite, garden suite or tiny
house as defined in this Bylaw, and which is located on a lot
smaller than 0.8 ha (2.0 ac.) in area within a District where a
Figure 30: Neighbourhood Commercial Development
Example
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secondary suite, in-law suite, garage suite, garden suite or tiny
house is allowed as either a permitted or a discretionary use; or
(2)
Notwithstanding subsection (1) more than two (2) dwelling units may be
permitted on a residential lot at the discretion of the Development
Authority where the additional dwelling units:
(a)
are contained in a building that, or in buildings each of which is
designed for or divided into two (2) or more dwelling units; or
(b)
is a manufactured home in a manufactured home park; or
(c)
is a building, as defined in the Condominium Property Act, that is
the subject of a condominium plan to be registered in a land titles
office under the Act; or
(3)
Additionally, notwithstanding subsection (1), on lots 0.8 ha (2.0 ac.) or
greater in area within a residential district where a secondary suite, in-law
suite, garage suite, garden suite or tiny house is allowed as either a
permitted or a discretionary use a maximum of up to but not exceeding
two (2) secondary suites, in-law suites, garage suites or garden suites
may be permitted.
(4)
If the additional dwelling unit is as defined in Section 8.43(1)(a) is allowed,
the Development Authority may, as a condition of the approval of the
second or additional dwelling unit, require that the dwelling unit be placed
on the lot in such a manner as to allow for any future subdivision of
parcels of land containing the dwelling units from the remainder of the
titled area, with such other conditions relevant thereto that the
Development Authority may deem advisable. This regulation does not
imply any future commitment regarding the approval of a subdivision of
any dwelling units on a parcel of land.
(5)
If the additional dwelling unit is as defined in Section 8.43(1)(a) above, the
Development Authority may, as a condition of the approval of the second
or additional dwelling unit, require that the dwelling unit be a temporary
building and/or a manufactured home, except in the case of a secondary
suite within a dwelling which is not a manufactured home.
8.44 OBJECTS PROHIBITED OR RESTRICTED IN YARDS
(1)
No person shall keep or permit in any Residential District any object,
chattel, or other use of land which, in the opinion of the Development
Authority is unsightly or tends to adversely affect the amenities of the
district. This includes dismantled or wrecked motor vehicles, and any
excavation, stockpiling or storage of materials, explosives, flammable
liquids, diesel fuel, propane and gasoline products on lots under 0.2 ha
(0.5 ac.) in size.
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(2)
Notwithstanding Subsection (1) above, on lots in a Residential District
within hamlets where natural gas service is not provided and on lots which
are:
(a)
greater than 1.2 ha (3 ac.) in area; and
(b)
where the proponent can prove to the satisfaction of the
Development Authority that the location and use of the propane
tanks meets acceptable fire code and safety standards;
The Development Authority may, at its sole discretion, allow more than
four (4) propane tanks or any number of propane tanks with a capacity
which exceeds 91.0 kg (200 lbs.) to be located on a lot.
(3)
Notwithstanding Subsection (2) above, in Commercial and Recreation
Districts, where the applicant for a development permit can prove to the
satisfaction of the Development Authority that the location and use of the
proposed propane tanks meets acceptable fire code and safety standards
as well as emergency response requirements, the Development Authority
may, at its sole discretion, allow more than four (4) propane tanks or any
number of propane tanks with a total capacity which exceeds 91.0 kg (200
lbs.) to be located either:
(a)
within an individual lot; or
(b)
within each recreational vehicle stall located in an approved
campground/recreational vehicle campground.
(4)
All development permit applications to allow more than four (4) propane
tanks, or any number of propane tanks with a total capacity which
exceeds 91.0 kg (200 lbs.), to be located within individual stalls, in
approved campground or recreational vehicle campground or recreational
vehicle workcamp, will be required to include an Emergency Response
Plan, prepared by the developer, at no cost to the municipality. The
Emergency Response Plan will be circulated to the municipality's Fire
Department for approval prior to issuance of a development permit.
(5)
Excepting on residential parcels in hamlets where natural gas service is
unavailable, development permits issued for more than four (4) propane
tanks or any number of propane tanks with a total capacity which exceeds
91.0 kg (200 lbs.) will only be granted for a period of one year. New
development permit applications must be submitted annually if the
proponent wishes to extend the development period.
(6)
In addition, no person shall keep or permit in any part of any yard in the
R1, R1A, R1B, R1C Districts on lots smaller than 0.2 ha (0.5 ac.) in area
any more than one (1) vehicle, loaded or unloaded, of a gross vehicle
weight in excess of 4,800.0 kg (10,560 lbs) for longer than is reasonably
necessary to load or unload the vehicle.
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8.45 OFF-STREET LOADING
(1)
Where a proposed development will, in the opinion of the Development
Authority, require pick-up or delivery of commodities, adequate space for
the loading and unloading of same shall be provided and maintained on
the site.
(2)
When required by the Development Authority, loading spaces shall:
(a)
have dimensions of not less than:
Width
4.0 m (13.1 ft.),
Length
8.0 m (26.2 ft.),
Height above grade 4.3 m (14.1 ft.);
(b)
provide vehicular ingress to, and egress from, a street or lane such
that no backing or turning movements of vehicles going to or from
the site cause interference with traffic in the abutting streets or
lanes;
(c)
be sited at an elevation or elevations convenient to a major floor
level in the building or to a utility elevator serving each major floor
level; and
(d)
be so graded and drained as to dispose of all storm water runoff.
In no case shall drainage be allowed to cross sidewalks.
(e)
be paved or hard surfaced where a parking area is required to be
paved or hard surfaced;
(f)
have adequate lighting to the satisfaction of the Development
Authority; and
(g)
be screened on each side adjoining any Residential District by a
wall, fence, earth berm or hedge of not less than 1.5 m (4.9 ft.) and
not more than 2.0 m (6.6 ft.) in height.
(3)
Number of Off-Street Loading Spaces
(a)
The number of loading spaces required to be provided in a
development shall be as follows:
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Table 1: Off-Street Loading Spaces
USE OF BUILDING OR SITE
MINIMUM NUMBER OF LOADING
SPACES
NON RESIDENTIAL USES
Office uses and all other non-residential uses
Less than 1,000.0 m2 (10,764.0 ft.2) of gross
leasable area
1 space
The next 1,000.0 m2 (10,764.0 ft.2) of gross
leasable area or a fraction thereof in a
development,
1 space
Each additional 2,000.0 m2 (21,528.0 ft.2) of
gross leasable area or a fraction thereof in a
development.
1 space
RESIDENTIAL USES
Multi-family dwellings
All
1 per 12 dwelling units
(b)
If hazardous materials are to be loaded or unloaded on the site
then a parking plan, showing loading areas must be provided to the
Development Authority for approval. Loading spaces for
hazardous materials should not be located in a side or rear yard
adjacent to a residential district.
8.46 OFF-STREET PARKING
(1)
An off-street parking area or ancillary off-street parking area:
(a)
shall not be located within 1 m (3.25 ft.) of a lot line;
(b)
shall be constructed so that adequate access to and exit from each
parking space is to be provided at all times by means of
maneuvering
aisles
designed
to
the
satisfaction
of
the
Development Authority;
(c)
shall have necessary access located and constructed to the
satisfaction of the Development Authority; and
(d)
shall be adequately signed so as to direct access to it.
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(2)
Dimensions
(a)
All parking spaces shall be clear of any access driveways, aisles,
ramps, columns, signs or other similar obstructions and shall
conform to the requirements shown in Table 2.
Table 2: Minimum Parking Standards (in m (ft.))
Parking
Angle in
Degrees
Width of Space Depth of Space
Perpendicular to
Maneuvering
Aisle
Width of Space
Parallel
to
Maneuvering
Aisle
Overall Depth
Width
of
Maneuvering
Aisle
(one-
way)
Width
of
Maneuvering
Aisle
(two-
way)
a
b
c
d
e
f
f
0
2.7 m (8.86 ft.)
2.7 m (8.86 ft.)
7.0 m (22.97 ft.)
9.1 m (29.86 ft.)
3.6 m (11.81 ft.)
6.7 m (21.98 ft.)
30
2.7 m (8.86 ft.)
5.2 m (17.06 ft.)
5.5 m (45.87 ft.)
14.0 m (45.93 ft.)
3.6 m (11.81 ft.)
7.3 m (23.95 ft.)
45
2.7 m (8.86 ft.)
5.8 m (19.03 ft.)
4.0 m (13.12 ft.)
15.2m (49.87 ft.)
3.6 m (11.81 ft.)
6.7 m (21.98 ft.)
60
2.7 m (8.86 ft.)
6.1 m (20.01 ft.)
3.1 m (10.17 ft.)
18.2 m (59.71 ft.)
6.0 m (19.69 ft.)
7.3 m (23.95 ft.)
90
2.7 m (8.86 ft.)
6.1 m (20.01 ft.)
2.7 m (8.86 ft.)
19.5 m (63.98 ft.)
7.3 m (23.95 ft.)
7.3 m (23.95 ft.)
(See the diagram for definitions of column headings)
Figure 37: Parking Lot and Stall Definitions
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Figure 38: Off Street Parking Standards
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(b)
In the C2, C3, CH, M1, M2 and M3 Districts, the Development
Officer may require some parking spaces provided to be a
minimum width of 3.0 m (10 ft.) and a minimum depth of 20 m (65.5
ft.), specifically designed for large trucks. Maneuvering aisles and
accesses will be sized appropriately to permit vehicular access to
these spaces.
(3)
Surfacing and Drainage
(a)
Every off-street parking space provided, and the access thereto,
shall be hard surfaced if the access is from a street or lane which is
hard surfaced; parking areas must be paved or of gravel mixture as
approved by the Development Authority.
(b)
On parcels within the C1 or DC Districts that are also affected by
the Wabasca Downtown area overlay all off-street parking areas
shall be paved in asphalt, concrete, or similar materials, to the
satisfaction of the Development Authority.
(c)
Within all other lands in the Commercial Districts, the Development
Authority may, at its sole discretion, require that all off-street
parking areas be paved in asphalt, concrete, or similar materials.
(d)
Each parking area shall be so graded and drained as to dispose of
all storm water runoff. In no case shall drainage be allowed to
cross a sidewalk unless allowed otherwise by the Development
Authority.
(4)
Required Number of Off-Street Parking Spaces
The minimum number of off-street parking spaces required for each
building or use shall be as in the following table. In the case of use not
specifically mentioned, the required number of off-street parking spaces
shall be the same as for a similar use as determined by the Development
Authority. Where a development falls within more than one class, the
required number of spaces shall be the sum of the requirements for each
of the development classes.
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Table 3: Required Number of Off-Street Parking Spaces
USE OF BUILDING OR SITE
MINIMUM NUMBER OF PARKING SPACES
RESIDENTIAL USES
Apartments
dwelling units with 1 or fewer bedrooms
1.5 per dwelling unit
dwelling units with 2 bedrooms
2 per dwelling unit
dwelling units with 3 or more bedrooms
2 per dwelling unit
visitor parking
1 per 7 dwelling units
Seniors' apartments
2 per 3 dwelling units
Boarding and lodging houses
1 per sleeping unit in addition to the parking
requirements for the primary dwelling
Senior citizens' homes
1.5 per 3 dwelling units
Secondary suites, garage suites and in-law suites
1 per dwelling unit
All other dwellings (single family, duplex, row
housing)
2 per dwelling unit
Manufactured home parks
2 per manufactured home plus 1 visitor parking
space per 7 manufactured homes
COMMERCIAL USES
Office uses and government services
1 per 40.0 m2 (430.0 ft.2) of gross leasable area
Health services
1 per 30.0 m2 (325.0 ft.2) of gross leasable area or
3 for each full time or part-time professional
whichever is greater
Eating and drinking establishments
Eating
and
drinking
establishments
(except those as noted below)
1 per 4 seating spaces or 1 per 3 employees,
whichever is greater
Restaurants
1 per 13.0 m2 (140.0 ft.2) of gross leasable area
plus 1 per 3 employees on maximum shift
Nightclubs
1 per 13.0 m2 (140.0 ft.2) of gross leasable area
plus 1 per 3 employees on maximum shift
Bars and neighbourhood pubs
1 per 13.0 m2 (140.0 ft.2) of gross leasable area
plus 1 per 3 employees on maximum shift
Drive-in restaurants
1 per 3.0 m2 (32.3 ft.2) of gross leasable area or 1
per 5 seating spaces, whichever is greater
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Other drive-in businesses
8
Hotels and motels
1 per rentable unit plus 1 per 3 employees on
maximum shift
Workcamps
1 per rentable unit plus 1 per 3 employees on
maximum shift
Bed and breakfast establishments
1 per sleeping unit in addition to the parking
requirements for the primary dwelling
Major home occupations
1 in addition to the requirements for the residential
use
All other commercial uses
Less than 4,500 m2 (48,437.5 ft.2) of
gross leasable area
2.5 per 100.0 m2 (1,076.4 ft.2) of floor area
4,500 m2 (48,437.5 ft.2) to 9,000 m2
(96,872.2 ft.2) of gross leasable area
3 per 100.0 m2 (1,076.4 ft.2) of floor area
9,000 m2 (96,872.2 ft.2) to 28,000 m2
(301,386.5 ft.2) of gross leasable area
3.5 per 100.0 m2 (1,076.4 ft.2) of floor area
Greater than 28,000 m2 (301,386.5 ft.2) of
gross leasable area
4 per 100.0 m2 (1,076.4 ft.2) of floor area
PLACES OF PUBLIC ASSEMBLY
Auditoriums, halls, clubs, theatres and other
recreation places
1 per 5 seats
Places of worship
1 per 4 seats
Spectacular entertainment establishments
1 per 5 seats
Spectacular sports establishments
1 per 5 seats
Outdoor amusement establishments and
recreational uses
1 per 3 employees plus the requirements for any
accessory uses plus any additional requirements at
the discretion of the Development Authority
Golf courses
8 per hole plus 1 per 3 employees plus the
requirements for any accessory uses
Indoor amusement
1 per 5 seats
Bowling alleys
4 per lane plus the requirements for accessory
uses
Curling rinks
8 per sheet plus the requirements for accessory
uses
Health and fitness clubs
1 per 10.0 m2 (107.6 ft.2) of floor area
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Hockey rinks and swimming pools
1 per 5 seats
Racket sports facilities
2 per court plus the requirements for accessory
uses
SCHOOLS
Elementary and junior high schools
1 per school employee during regular school hours
plus 8
High schools
4 per 10 students
Commercial schools
1 per on-site student
INDUSTRIAL USES
All industrial uses
1 per employee on maximum shift
HOSPITALS AND SIMILAR USES
Health centres and hospitals
1 per 100.0 m2 (1,076.4 ft.2) of gross floor area or 1
per 4 beds, whichever is greater, plus 1 per 2
employees on maximum shift
Extended medical treatment (sanatoriums,
convalescent homes, senior citizen lodges,
group care facilities, etc.)
1.5 per 3 dwelling units plus 1 per employee
maximum shift
Nursing homes/long term care facilities
1 per 3 beds plus 1 per employee on maximum
shift
Auxiliary hospitals
1 per 3 beds plus 1 per employee on maximum
shift
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8.47 PLACES OF WORSHIP
(1)
Minimum front, side and rear yards shall be those required within the
District in which the place of worship is located.
(2)
A place of worship may be located in any District even if it has not been
listed as a permitted or discretionary use if it is an accessory use to a
permitted or discretionary use in that District.
(3)
Notwithstanding any other provision of this Bylaw to the contrary, a portion
of the required minimum number of parking spaces may be located on a
lot other than that of the subject place of worship if it is demonstrated to
the satisfaction of the Development Authority that such off-site parking
spaces are available for the use of the patrons of the place of worship.
(4)
All places of worship shall abut a road which is designated an arterial road
or a major collector road in the municipality's Municipal Development
Plan, or an arterial road, a major collector road or a minor collector road in
an Area Structure Plan.
8.48 PRIVATE SWIMMING POOLS AND HOT TUBS
(1)
A private swimming pool or hot tub may be an accessory building on a lot
where a residential use, a commercial use, a public use, or an institutional
use is the principal use. A private swimming pool or hot tub may also, where
indicated as a permitted or discretionary use within a District, be a principal
use on a lot.
(2)
Notwithstanding any other provision of this Bylaw to the contrary, a
development permit is required prior to the commencement of the installation
or construction of a private swimming pool or hot tub.
(3)
Private swimming pools and hot tubs shall not be located within any required
minimum front yard.
(4)
Every private swimming pool or hot tub shall be secured against entry by the
public other than owners, tenants, or their guests.
(5)
No private swimming pool or hot tub may be constructed except within an
enclosed building unless it is entirely fenced, except that a wall of a building
may be considered to replace any part of the required fence provided that the
wall is a minimum of 1.8 m (5.9 ft.) in height for the length that it replaces the
fence.
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(6)
Every fence enclosing a private swimming pool or a hot tub constructed
outside of an enclosed building shall be 1.8 m (5.9 ft.) in height or, at the
discretion of the Development Authority, higher, and shall be of appropriate
design to limit the ability of persons to use the fence parts to climb the fence
or to crawl through or under the fence. Gates shall be equipped with a self-
latching device and a lock mechanism located on the inside of the gate.
(7)
No barbed wire or electrification of any part of a fence or gate enclosing a
swimming pool or hot tub shall be allowed.
8.49 PROJECTION OVER YARDS
(1)
No portion of any building shall project onto, over or into a minimum required
yard.
(2)
Notwithstanding Subsection (1) above, the portions of an attachment to a
main building which may project over a minimum required yard are:
(a)
on a site in a residential district, a cornice, sill, a canopy or eaves
which project for a distance not exceeding one-half of the minimum
required side yard;
(b)
a chimney which projects 0.6 m (2 ft.) or less provided that in each
case it is not less than 0.9 m (3 ft.) from the side line; and
(c)
unenclosed steps with or without a landing and above the surface of
the yard if they do not project more than 2.4 m (8 ft.) over or on a
minimum required front or rear yard.
8.50 PROTECTION FROM EXPOSURE HAZARDS
(1)
The location of an anhydrous ammonia or liquefied petroleum gas (AA or
LPG) storage tank with a water capacity exceeding 9080 l (2000 gal.) shall
be in accordance with the requirement of the Development Officer, but in
no case be less than a minimum distance of 228 m (748 ft.) from
assembly, institutional, mercantile or residential buildings. Nor shall a
storage tank be placed within a minimum of 38 m (124.5 ft.) of the centre
line of a grid road, 41 m (134.5 ft.) from the right-of-way of a minor two-
lane highway or 70 m (230 ft.) from the right-of-way of a major two-lane
highway.
(2)
AA or LPG containers with a water capacity of less than 9080 l (2000 gal.)
shall be located in accordance with regulations under the Alberta Safety
Codes Act.
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(3)
Flammable liquids storage tanks at bulk plants or service stations shall be
located in accordance with regulations under the Alberta Safety Codes
Act.
(4)
Setbacks from pipelines and other utility corridors shall be at the
discretion of the Development Authority and be in accordance with the
appropriate provincial regulations or acts, but in no case be less than a
minimum distance of 30 m (98.4 ft.) for institutional, commercial, or
residential buildings.
(5)
The location of the storage tank shall be completely enclosed by a
security fence having a minimum height of 1.8 m (6 ft.).
(6)
Dangerous Goods warning signs of an appropriate nature shall be clearly
visible at the site. Signs shall be attached to the fence and to the storage
tanks.
8.51 RECREATION
(1)
A site plan detailing the protection of existing treed areas and site
topography may be required as a condition of the approval of a
development for a recreational use.
(2)
Spaces for day use, picnicking, camping and similar activities shall be
suitably organized, clearly marked, and constructed to the satisfaction of
the Development Authority.
8.52 RECREATIONAL VEHICLE CAMPGROUNDS
(1)
The construction and maintenance of all internal roads are to be the
responsibility of the landowner/developer. Internal roads shall have a
minimum of a 6.0 m (19.7 ft.) usable top, except for one-way roads, which
shall have a minimum of a 3.65 m (12.0 ft.) usable top.
(2)
Recreational vehicle or camping spaces shall have a minimum of 13.5 m
(49 ft.) width and a minimum of 273.0 sq. m (2938.5 sq. ft.) area. All such
spaces shall be set back a minimum of 30.0 m (98.4 ft.) from the shoreline
of any body of water or lake.
(3)
The developer shall provide an adequate on-site water supply.
(4)
As a condition of approval, the Development Authority shall require the
developer to obtain any necessary permits and approvals from all
regulatory authorities and agencies having jurisdiction over the type of
development.
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(5)
The development agreement may require the developer to construct,
upgrade, or pay to construct or upgrade the necessary Municipal District
roads to access the development.
(6)
The developer shall designate an area equivalent to ten percent (10%) of
the total recreational vehicle campground area as a playground. This
area is to be clearly marked and free from all traffic hazards.
(7)
The Developer shall provide reasonable and adequate lake access where
applicable.
8.53 RECREATIONAL VEHICLE CAMPGROUND, WORKCAMPS
(1)
Provisions in this section apply to recreational vehicle campground,
workcamps.
(2)
Each space for a recreational vehicle shall have a minimum width of 10.0
m (32.8 ft.) and a minimum area of 250.0 m2 (2,691.0 ft.2),
(3)
All spaces for recreational vehicles shall maintain a minimum setback of
30.0 m (98.4 ft.) from the shoreline of any body of water.
(4)
Minimum Yard Setbacks:
Front, side, corner and rear yard setbacks on the site shall be 7.6 m (25.0
ft.).
(5)
The maximum number of recreational vehicles allowed per space shall be
one (1).
(6)
All recreational vehicle campground, workcamps shall be considered
temporary developments.
(7)
All recreational vehicle campground workcamps require a development
permit and the Development Authority shall give due regard to the need,
location and type of camp, prior to rendering its decision.
(8)
A development permit for a recreational vehicle campground workcamp
may be issued for up to three (3) years. If all conditions have not been
satisfied to the satisfaction of the Development Authority then the permit
will no longer be considered valid. The permit must be renewed after the
three (3) year period. An application may be made for a continuance of
the use for one (1) additional year, after which a new development permit
approval is required.
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(9)
The Development Authority may establish whatever conditions for the
approval of a recreational vehicle campground, workcamp that it, at its
discretion, deems reasonable to ensure that the workcamp will be a
temporary development.
(10)
If all of the conditions of the development permit have not been fulfilled to
the satisfaction of the Development Authority then the permit will not be
considered valid.
(11)
In addition to the requirements of Section 4 of this Bylaw, an application
for a development permit for a recreational vehicle campground
workcamp must provide the following information:
(a)
the location, type and purpose of the camp,
(b)
adjacent land uses,
(c)
the method for connecting the proposed development to municipal
water, sewage, waste disposal and storm water systems,
(d)
the number of persons proposed to live in the camp,
(e)
the start date for the development, date of occupancy by residents,
and removal date for the camp, and
(f)
reclamation measures to be completed once the camp is no longer
needed to the satisfaction of the Development Authority.
(12)
As a condition of approval, the Development Authority shall require the
developer to obtain any necessary permits and approvals from all
regulatory authorities and agencies having jurisdiction, including any
necessary approvals pursuant to the Safety Codes Act that may be
applicable.
(13)
As a condition of approval, the Development Authority may require that
the developer construct, upgrade, or pay to construct or upgrade any
necessary municipal infrastructure to service to the development.
(14)
All internal roads shall be the responsibility of the Developer for both
construction and future maintenance. Also, internal roads shall have a
minimum of a 6.0 m (20.0 ft.) usable top, except for one-way roads, which
shall have a minimum of a 3.65 m (12.0 ft.) usable top.
(15)
The developer shall provide on-site potable water supply in accordance
with the municipality's Design Standards as well as all applicable
Provincial regulations.
(16)
The developer shall provide sewage disposal facilities in accordance with
the municipality's Design Standards as well as all applicable Provincial
regulations.
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(17)
All stalls designated for year round use must have on-site connections to
municipal sewer and water systems.
(18)
The developer shall be required to enter into a development agreement
with the municipality as a condition of development approval. The
development agreement will include provisions requiring the developer to
construct, upgrade, or pay to construct or upgrade the necessary
municipal roads to access the development when determined necessary
by the Development Authority.
(19)
A site plan detailing the protection of existing treed areas and site
topography is required prior to issuance of a development permit.
(20)
All other site requirements shall be as required by the Development
Authority.
(21)
All recreational vehicle campground, workcamps must:
(a)
ensure that all required access, including internal roadways and
intersection improvements, are provided to the satisfaction of the
Development Authority at the sole cost to the developer;
(b)
be designed so that all points of access and egress are located to
the satisfaction of the Development Authority and when required,
Alberta Transportation;
(c)
be able to accommodate a minimum of twenty (20) persons and a
maximum of five hundred (500) persons;
(d)
be secured by the installation of appropriate security and buffering
measures such as berms, fences and landscaping. The form of
the buffering will be determined by and to the satisfaction of the
Development Authority;
(e)
if required by the development authority, provide on-site security
staff to the satisfaction of the Development Authority;
(f)
provide and develop all parking on the site to the satisfaction of the
Development Authority. Normally, on-site parking for private
vehicles will adhere to the same standard as parking for a hotel or
motel;
(g)
post security with the municipality sufficient to ensure removal of
the development and/or reclamation of the site if needed after the
recreational vehicle campground, workcamp has been removed
from the site; and
(h)
be separated from adjacent land uses.
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(22)
Maximum site coverage shall be such that space is available for all the
parking on the site, together with the applicable setbacks and required
landscaping as determined by the Development Authority.
(23)
Screening and fencing of storage areas shall be to the satisfaction of the
Development Authority.
(24)
The development must comply with current Building and Fire Code
requirements as amended from time to time.
(25)
Because of the number of temporary workers and related traffic impacts
the applicant will also be required to provide a report which details the
following:
(a)
discussions with and impact on the local RCMP,
(b)
discussions with and impact on the local Emergency Medical
Services,
(c)
discussions with and impact on the local Fire Department, and
(d)
discussions with AB Transportation and information regarding
anticipated impact on the local road system and/or provincial road
network including a Traffic Impact Assessment.
(26)
Any other conditions required to the satisfaction of the Development
Authority.
8.54 RECREATIONAL VEHICLES LOCATED IN RECREATIONAL
VEHICLE
CAMPGROUNDS,
RECREATIONAL
VEHICLE
CAMPGROUNDS-SEASONAL AND RECREATIONAL VEHICLE
CAMPGROUNDS-WORKCAMPS
(1)
No recreational vehicle, whether located within a recreational vehicle
campground or on a lot, may have associated with it any more than two
(2) accessory structures or buildings, in addition to fences, benches, fire
pits, and picnic tables. The two (2) accessory structures may include a
small shed with a maximum size of 18.58 m2 (200.0 ft.2), and a screened
or roofed patio around or beside the recreational vehicle.
(2)
No structure accessory to a recreational vehicle shall be used as sleeping
quarters.
(3)
The total gross floor area or ground area covered by all accessory
structures and buildings or recreational vehicles shall not exceed fifty
percent (50%) of the size of the lot on which the recreational vehicle
campground is located.
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8.55 RECREATIONAL VEHICLES
(1)
Notwithstanding any other provision of this Bylaw to the contrary, no
person may occupy a recreational vehicle on any lot unless a
development permit has been received for the placement and use of the
recreational vehicle.
(a)
If the intention of the placement of a recreational vehicle on a
parcel is to rent the recreational vehicle for any consideration
(whether for money or for goods or service in kind), a development
permit for a recreational vehicle park must be approved. Such a
permit may only be approved in Districts where recreational vehicle
campgrounds are listed as a permitted or a discretionary use.
(b)
If the intention is to have the recreational vehicle temporarily
occupied by person or persons for a period of up to but not
exceeding 28 days, but not have any arrangement for any
consideration as described in Subsection (a) above, a development
permit for the placement of the recreational vehicle as an
accessory building and use must be approved. Such a permit may
only be approved in Districts where residential uses are listed as a
permitted or a discretionary use, and may only be approved for a
period of time, which period shall not exceed 28 days. In addition,
no more than one (1) recreational vehicle used for such a purpose
shall be allowed on any lot less than 0.5 ac. in area, and the
placement of the recreational vehicle shall abide by all
requirements for accessory buildings on the subject lot.
c)
If the intention is to store an unoccupied recreational vehicle,
unless a development permit has been issued for Outdoor Storage
which includes recreational vehicles, no more than one (1)
recreational vehicle shall be allowed on any lot less that 0.5 ac. in
area. No development permit shall be required for the storage of
one (1) unoccupied recreational vehicle on a lot.
(2)
No recreational vehicle, whether located within a recreational vehicle park
or on a lot, may have associated with it any more than two (2) ancillary
structures, buildings, or other appurtenances, in addition to fences,
benches, fire pits, picnic tables, a small shed with a maximum size of 10
sq. m (107.6 sq. ft.), and a screened or roofed patio around or beside the
recreational vehicle.
(3)
No structure ancillary to a recreational vehicle shall be used as sleeping
quarters.
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(4)
Except for a recreational vehicle on a lot which may have an appurtenant
garage for the storage of vehicles or boats, the total floor area or ground
area covered by all ancillary structures, buildings or other appurtenances
(other than those indicated in Subsection 1. above) shall not exceed the
total floor area of the recreational vehicle.
8.56 SEA CANS
(1)
"No sea can shall be permitted on a lot within a residential district smaller
than 0.5 ac. in area within the hamlets of Wabasca, Red Earth Creek, and
Sandy Lake.
(2)
"Notwithstanding subsection (1), at the discretion of the development
authority, sea cans may be permitted on lots under 0.5 ac. (0.2 ha) in area
within any residential district located in the Hamlet of Calling Lake."
(3)
"Notwithstanding section 8.54(1), a temporary permit for the placement
and use of a sea can on a residential lot smaller than 0.5 ac. in area
located within the Hamlet of: Wabasca, Red Earth Creek, Calling Lake, or
Sandy Lake may be permitted at the discretion of the development
authority for a period of six (6) months. After the temporary permit has
expired the developer may apply to the MD for an extension to the permit.
A single extension may be issued at the discretion of the Development
Authority for an additional six (6) month period.
(4)
A sea can may be an accessory building on a lot where a principal use is
located
(5)
A sea can may not be located on a lot where there is not a principal use.
(6)
The placement of a sea can on any lot in the Municipal District requires a
development permit.
(7)
"A maximum number of one (1) sea can may be allowed, at the discretion
of the Development Authority on residential parcels less than or equal to
0.5 ac (0.2 ha) in area in any residential district."
(8)
On residential lots greater than 0.5 ac (0.2ha) additional sea cans may be
allowed at the discretion of the Development Authority.
(9)
The maximum number of sea cans that may be placed on a commercial
or industrial lot is at the discretion of the Development Authority.
(10)
Sea cans cannot be stacked. The maximum height for a sea can allowed
on a lot is 3.0 m (9.8 ft.).
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(11)
Sea cans cannot be used as a dwelling unit of any form within the
Municipal District.
(12)
No human or animals habitation will be permitted within a sea can.
(13)
The exterior finish of a sea can sited within a commercial or residential
district must be consistent with the finish of the primary building.
8.57 SECONDARY SUITES
(1)
A secondary suite shall only be allowed on a lot occupied by a single family
dwelling or a duplex dwelling.
(2)
A secondary suite is prohibited from being constructed within apartment
housing.
(3)
A maximum of one secondary suite is permitted per dwelling unit where
allowed. Shared mechanical rooms and common areas shall be excluded
from the floor area calculation of the secondary suite.
(4)
A secondary suite includes, but not limited to, a food preparation area,
counter/cupboard space, sink, refrigerator, stove (or provision of 220 volt
wiring) and toilet with bathing facilities.
(5)
A secondary suite has an entrance separate from the entrance to the
principal dwelling, either from a common indoor landing or directly from the
exterior of the structure.
(6)
A secondary suite may include the conversion of a portion of existing space
in the principal dwelling, the addition of new floor space to an existing
dwelling or the construction of an accessory building.
(7)
The minimum parcel size for a secondary suite is 360.0 sq. m (3875.0 sq. ft.)
in size.
(8)
There is no minimum lot width requirement for secondary suites.
(9)
The minimum area for a secondary suite is 30.0 sq. m (322.9 sq. ft).
(10)
A secondary suite cannot exceed the maximum area of the principal dwelling.
(11)
Prior to development permit approval the developer must submit, along with
an application for a development permit a parking plan that indicates the
location and size of the on-site parking spaces.
(12)
A minimum of three (3) on-site parking spaces - two (2) for the dwelling and
one (1) for the secondary suite - are required. Tandem parking may be
permitted at the discretion of the Development Authority.
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8.58 SENIORS HOUSING DEVELOPMENTS
(1)
Seniors housing developments shall only be allowed in those Districts in
which it is listed as a permitted or discretionary use
(2)
A development permit shall not be issued for a seniors housing
development until the Development Authority receives confirmation from
appropriate authorities indicating that the proposed sewage disposal
system and water supply system have been approved.
(3)
All buildings, including any ancillary or added structures such as porches
or other additions shall be:
(a)
factory-prefabricated units or the equivalent thereof, and so
designed and erected as to harmonize with the semi-detached
dwelling or row housing;
(b)
considered as part of the main buildings; and
(c)
erected only after obtaining a development permit.
(4)
All dwellings shall be located a minimum of 7.6 m (25 ft.) from the
boundary of the lot containing the development with a road or highway
and 4.5 m (14.75 ft.) from adjacent lots. The setback strip shall be
landscaped and/or fenced to the satisfaction of the Development
Authority.
(5)
All roads in a seniors housing development shall be surfaced, and well
drained, and maintained to the satisfaction of the Development Authority.
Minimum driving surface width shall be 7.3 m (24 ft.).
(6)
All seniors housing developments shall be provided with safe, convenient,
all-season pedestrian access of at least 1.0 m (3.25 ft.) in width for
intended use between individual dwellings, the development road and all
community facilities.
(7)
Notwithstanding any other provision of this Bylaw to the contrary, parking
shall be provided for seniors housing developments at a ratio of at least
one (1) space for each dwelling unit, plus one (1) visitor space for every
two (2) dwelling units.
(8)
Visitor parking spaces shall be located at convenient locations throughout
the seniors housing development.
(9)
The design of seniors housing developments shall be to the satisfaction of
the Development Authority.
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(10)
All areas of a seniors housing development not occupied by dwellings and
their additions, internal roads, footpaths, driveways, permanent buildings
and any other developed facilities, shall be fully landscaped to the
satisfaction of the Development Authority. Screen fences or walls shall be
erected where deemed necessary by the Development Authority.
(11)
No part of the development shall be used for non-residential purposes
except such uses as are required for the direct servicing and wellbeing of
the residents of the development and for the management and
maintenance of the development.
(12)
Seniors housing development facilities shall be arranged to create a
homelike atmosphere. This objective is achieved by variations in street
pattern, block shapes and location of dwellings.
(13)
Dwellings shall be separated from each other by at least 6 m (19.5 ft.)
side to side and 6 m (19.5 ft.) from all roads or pedestrian pathways,
provided further that any porch or addition to a dwelling is regarded as
part of the dwelling for the purpose of spacing. As well, the minimum yard
requirement for all development shall be 6.0 m (19.5 ft.) from all property
lines.
(14)
The minimum floor area for any dwelling unit shall be 45 sq. m (484 sq.
ft.).
(15)
The maximum density for a seniors housing development shall be 35
dwelling units per 1 hectare (14 per acre)."
8.59 SERVICE STATIONS AND GAS BARS
(1)
Service stations and gas bars shall be located in such a manner that:
(a)
No entrance or exit thereto for motor vehicles shall be within 60 m
(197 ft.) of an entrance to or exit from fire hall, public or private
school, playground, library, religious assembly, hospital, children's
or senior citizen's home, or other public or quasi-public use;
(b)
No part of a service station or gas station building or of any pump
or other ancillary shall be within 6 m (19.5 ft.) of a side or rear
property line;
(c)
Service stations shall have a front yard of not less than 12 m (39.5
ft.) and no fuel pump shall be located closer than 6 m (19.5 ft.) to
the front property line; and
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(d)
Storage tanks shall be set back from adjacent buildings in
accordance with the Alberta Safety Codes Act and regulations
made thereunder, and the Alberta Fire Code.
(2)
Site Area and Coverage
(a)
The minimum site areas shall be 740 sq. m (7965.5 sq. ft.) and the
maximum building coverage shall be 25% of the site area. For
service stations including car wash, the minimum site area shall be
1115 sq. m (12,002 sq. ft.).
(b)
Where a service station forms part of an auto dealership
development, the minimum site area and maximum building
coverage may be varied at the discretion of the Development
Authority.
(3)
Site and Building Requirements
(a)
All parts of the site to which vehicles may have access shall be
surfaced and drained to the satisfaction of the Development
Authority.
(b)
No activity may be carried on which constitutes an undue nuisance
or annoyance to persons occupying land in the immediate vicinity
of the site, by reason of dust, noise, gases, odours, smoke or
vibration.
(c)
The site of the buildings shall be maintained in a clean and tidy
condition and free from all rubbish and debris.
8.60 SHOPPING CENTRES
(1)
The maximum building height shall be 10.7 m (35.1 ft.) or two (2) storeys,
whichever is greater.
(2)
The maximum floor area shall be equal to the lot area; however, all other
regulations of this Bylaw, such as required yards, parking and loading
requirements, etc. shall be adhered to.
(3)
Refer to Section 8.63 for sign provisions affecting shopping centres.
(4)
All shopping centres shall satisfy the Development Authority as to:
(a)
the orientation, exterior design, and architectural appearance of
buildings;
(b)
the location of development in relation to adjacent land uses;
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(c)
vehicular traffic flow patterns within and access to and from the lot;
(d)
safe pedestrian access and egress within the lot and from any
pedestrian way; and
(e)
the location of exterior signs.
(5)
A shopping centre shall only contain those uses listed as permitted or
discretionary uses within the District in which the shopping centre is
located.
(6)
The Development Authority may require any other matters, regulations, or
conditions relating to the development as, in their opinion, are necessary,
having regard to the nature of the proposed shopping centre development
and adjacent land uses.
8.61 SHOW HOMES
(1)
In addition to the requirements of Section 3 of this Bylaw, a development
permit application for a show home shall be accompanied by information
indicating:
(a)
the location of the proposed sales office if applicable;
(b)
the location and area intended for the show home; and
(c)
proposed parking, exterior lighting and signs.
(2)
Development permits shall be issued for a maximum of one (1) year only,
and if the operator wishes to continue the use, must be renewed on an
annual basis.
(3)
The appearance of the building shall, in the opinion of the Development
Authority, be compatible with the character of other buildings in the
vicinity.
8.62 SIDEWALK CAFES
(1)
A sidewalk cafe may be an accessory building or use on a lot where an
eating and drinking establishment is located as a principal or an
accessory use. A sidewalk cafe may not be located on a lot where there
is not an eating or drinking establishment.
(2)
A sidewalk café permit is normally valid from the date of issuance for one
(1) year. However, at the sole discretion of the Development Authority, a
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development permit for a sidewalk café may be issued for a period longer
than one (1) year.
(3)
Sidewalk cafés shall not operate earlier than 7:00 AM nor later than 12:00
AM unless the hours of the establishment are more restricted by operation
of law or otherwise, in which case, the establishment's more restrictive
hours shall control.
(4)
All sidewalk café employees shall be subject to and comply with all
applicable requirements and standards for a retail food establishment:
(a)
Patrons must wear shoes and shirts at all times.
(b)
All sidewalk cafés must have an opening for ingress and egress at
all times.
(c)
All sidewalk cafés must adhere to the size, design, and any other
specifications approved by the Municipal District at all times. Strict
adherence to required design standards as set forth herein is
mandatory.
(d)
Strict adherence to hours of operation, approved layout of all
components of the sidewalk café, clear space for pedestrians and
required landscaping is mandatory.
(5)
Where the Municipal District has installed a permanent structure such as
a parking meter, planter, light pole or other device, the developer of the
sidewalk café shall make accommodation for the required clearance for
pedestrian passage. Developers of sidewalk cafés shall be mindful of the
rights of pedestrians travelling past their sidewalk café at all times during
the operation of the sidewalk café. Complaints regarding sidewalk cafés
will be investigated by the Municipal District and violations of the
regulations promulgated will result in citations being issued to the
developer and/or revocation of a developer's sidewalk café permit.
(6)
All areas within and surrounding the sidewalk café must be maintained in
a clean, neat and sanitary condition and shall be policed routinely by the
developer to ensure removal of all wrappings, litter, debris and food there
from. Daily sanitary cleaning of the sidewalk café is required. Sidewalks
within and adjacent to the sidewalk café must be washed down and
cleaned on a daily basis. The developer shall not wash garbage cans or
any other container, or other personal property of any nature on the
sidewalks. All cleaning must be performed in accordance with applicable
federal and state regulations.
(7)
The Development Authority and/or the Bylaw enforcement officer will
inspect all sidewalk cafés after permits have been issued and the café is
in operation. Any violations of the provisions of these rules and
regulations, or any deviation from approved plans or willful omissions of
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the application will result in citations being issued to the operator and/or
revocation of developer's sidewalk café permit.
(8)
Any developer or their or her employees, agents or contractors who
violate or resist enforcement of any provision of the sidewalk café
ordinance and/or these rules and regulations may be subject to immediate
permit revocation by the Municipal District and/or shall be subject to a fine
of not less than that set forth in PART 7 of the Municipal District of
Opportunity Land Use Bylaw provided that each day that such violation
continues shall be deemed a separate and distinct offence. These fines
shall be in addition to any expenses incurred for restoration or repair of
the public right-of-way, which shall be the responsibility of the developer.
THE ISSUANCE OF A SIDEWALK CAFÉ PERMIT IS A PRIVILEGE
GRANTED BY THE MUNICIPAL DISTRICT OF OPPORTUNITY. THE
MUNICIPAL DISTRICT REQUIRES COMPLIANCE WITH ALL RULES
AND REGULATIONS AS WELL AS TO HAVE RESPECT FOR THE
COMMUNITY
IN
WHICH
THE
CAFÉ
IS
LOCATED.
THE
DEVELOPMENT
AUTHORITY
AND
BYLAW
ENFORCEMENT
OFFICERS WILL MONITOR THE OPERATION OF SIDEWALK CAFÉS
AND ARE EMPOWERED TO ISSUE CITATIONS FOR BYLAW
VIOLATIONS.
(9)
The developer shall be required to maintain a current Municipal District of
Opportunity business license.
(10)
The developer shall be required to abide by all federal and provincial laws,
rules and regulations applicable to the operation of a Sidewalk Café in the
Municipal District of Opportunity (i.e. Alberta Gaming and Liquor
Commission and Regional Health Authority)
8.63 SIGNS
In addition to the other regulations of this Bylaw, the following additional regulations
shall apply to signs:
(1)
Limitations
(a)
Except as provided in Section 3.2 of this Bylaw, no person shall
erect, relocate or structurally alter or enlarge any sign, including an
election sign, unless they have complied with the requirements of
this Section and any other relevant provisions of this Bylaw, and
has been issued a development permit in respect thereof.
(b)
The Development Authority may issue a development permit for a
sign as part of the development permit for the use or the building to
which the sign pertains, provided the development permit
application indicates that there is to be a sign and provided further
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that all information requirements for a development permit
application for a sign are met to the satisfaction of the
Development Authority.
(c)
Provisions for election signs and property for sale or rent signs are
provided in Section 3.2 of this Bylaw.
(2)
Information Requirements for a Development Permit for a Sign
In addition to the requirements of Section 4.1 of this Bylaw, a
development permit application for a sign shall include the following
information:
(a)
a letter of consent from the property owner,
(b)
two copies of colour drawings, drawn to scale, showing the sign,
any structural supports, and the dimensions, thickness, area, and
colours, of the sign,
(c)
any animation, moving copy, or other moving features of the sign, if
applicable,
(d)
method of illumination, if applicable,
(e)
mounting details,
(f)
the location and size of all other existing and proposed signs on the
building façade or site,
(g)
mounting heights and clearances to grade, and
(h)
the amount of projection of the sign from a building, if any.
(3)
Signs as Permitted or Discretionary Uses
(a)
No sign, other than an off-site sign in the Districts indicated in
Subsection (b) below, or a sign which is otherwise exempted from
the requirement of obtaining a development permit as indicated in
Section 3.2 of this Bylaw, shall be allowed unless it is accessory to
an existing use.
(b)
Notwithstanding any other provision of this Bylaw to the contrary,
except as otherwise indicated in this section, off-site signs shall be
considered to be discretionary developments in all Commercial
Districts, in all Industrial Districts, and in the Urban Reserve (UR)
District.
(4)
Procedures for the Consideration of Development Permit Applications for
Signs
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All development permit applications for signs shall follow the process
outlined in Part 4 of this Bylaw and be subject to appeal if applicable in
accordance with Part 5 of this Bylaw.
(5)
General Sign Regulations
(a)
A sign shall not be erected, operated, used or maintained if, in the
opinion of the Development Authority:
(i)
its position, size, shape, colour, format or illumination
obstructs the view of, or may be confused with, an official
traffic sign, signal or device or other official sign, or
otherwise poses a potential hazard to traffic,
(ii)
it displays lights which may be mistaken for the flashing
lights customarily associated with danger or with those used
by police, fire, or other emergency vehicles, or
(iii)
it would be situated within the area regulated by Section 8.2
of this Bylaw.
(b)
A sign shall be integrated with the building on which it is to be
located and compatible with the general architectural lines and
forms of the nearby buildings or of adjoining developments.
(c)
Where possible, signs shall not cover architectural details such as
arches, sills, mouldings, cornices and transom windows.
(d)
A sign or sign structure shall be set back a minimum of 0.5 m (1.6
ft.) from any property boundary and no part of a sign may encroach
onto an adjacent lot or a road or lane.
(e)
Except as otherwise specified in this Bylaw, the maximum area of
any sign shall be 18.0 sq. m (193.6 sq. ft.).
(f)
At the discretion of the Development Authority a maximum of five
(5) signs may be allowed on a lot, including temporary signs and
portable signs.
(g)
Signs will not be allowed on fences in Residential Districts or
Commercial Districts.
(6)
Care and Maintenance of Signs
(a)
All signs shall be maintained in good and safe structural condition
and shall be periodically repainted.
(b)
Where the Development Authority determines that a sign is
abandoned or in an overall state of disrepair they may, by notice in
writing to the owner of the land on which the sign is located and, if
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it is indicated on the sign, the owner or operator of the sign, order
the owner of the land and the owner or operator of the sign to:
(i)
remove the sign and all related structure components within
what the Development Authority deems to be a reasonable
period of time, or
(ii)
take such measures as they may specify in the notice to
alter and/or refurbish and/or repair the sign.
(c)
Failure to remove the sign or to comply with the measures specified
in the notice described in Subsection (b) above may result in the
issuance of a violation ticket as described in this Bylaw.
(d)
The notice described in Subsection (b) above shall be considered
to be a stop order for the purposes of this Bylaw.
(7)
Type of Signs
(a)
A-Frame Signs
(i)
Notwithstanding any other provision of this Bylaw to the
contrary, A-frame signs shall be allowed only in Commercial
Districts.
(ii)
The maximum area of each A-frame sign face which is
located on a sidewalk shall be 0.7 sq. m (7.5 sq. ft.). Figure
38 illustrates area and height requirements for A-frame
signs.
(iii)
The maximum area of each A-frame sign face located in
another location, approved by the development authority,
shall be 1.5 sq. m (16.0 sq. ft.)
(iv)
The maximum height of an A-frame sign which is located on
a sidewalk shall be 1.0 m (3.3 ft.).
(v)
No A-frame sign shall be located on a sidewalk in such a
manner so as to obstruct pedestrian flow.
(vi)
The maximum height of an A-frame sign placed in other
locations shall be 1.8 m (6 ft.), measured perpendicular
distance from the ground to the highest point of the sign
when set up.
(vii)
No more than one (1) A-frame sign shall be allowed per
business frontage.
(viii)
Where the back of an A-frame sign is visible, it shall be
suitably painted or otherwise covered to present a neat and
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clean appearance. Angle iron shall not be open to public
view unless finished in an aesthetically pleasing manner to
the satisfaction of the Development Authority.
(ix)
The area around an A-frame sign shall be kept clean. All
vegetation shall be cleared away to a distance of at least 1.5
m (4.9 ft.) around the A-frame sign.
(x)
A-frame signs are not to be used in conjunction with
projecting signs at grade level.
Figure 39: A-Frame Sign Height and Area Requirements
(b)
Canopy Signs
Where a canopy is constructed solely as a support structure for a
sign, the following regulations shall be adhered to:
(i)
the maximum area of all canopy signs on one face of a
canopy shall not exceed 50% of the area of the face of the
canopy,
(ii)
the bottom of the canopy shall be not less than 2.5 m (8.2
ft.) above grade,
(iii)
no part of the canopy shall project over a road or lane,
(iv)
unless otherwise approved by the Development Authority,
the vertical dimension of the canopy shall not exceed 1.5 m
(4.9 ft.),
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(v)
signs suspended under a canopy shall have a vertical
clearance of a minimum of 2.5 m (8.2 ft.) from grade,
(vi)
each tenant of a building shall be allowed one (1) under-
canopy sign of no more than 0.5 sq. m (5.4 sq. ft.) in area,
and
(vii)
all canopy signs shall be erected in such a manner that the
structural support elements are designed to appear as an
integral part of the overall sign design and concealed such
that no angle iron bracing, guy wires or similar support
elements are visible from a road or lane.
(c)
Freestanding Signs
(i)
The sign area for a single or multi-faceted freestanding sign
shall be the average of the total area of all freestanding sign
faces.
(ii)
One (1) freestanding sign per business frontage may be
erected on a site having a minimum business frontage of
15.0 m (49.2 ft.) at road level.
(iii)
Notwithstanding Subsection (b) above, a maximum of one
(1) freestanding sign may be allowed per site except:
(A)
where a site has more than a 90.0 m (295.3 ft.)
frontage, one (1) additional freestanding sign may be
erected at the discretion of the Development
Authority.
(B)
where a site is considered by the Development
Authority to be a double fronting site, each frontage
may have freestanding signs providing that the
freestanding signs are at least 90.0 m (295.3 ft.)
apart.
(C)
Additional signs may be allowed at the discretion of
the Development Authority.
(iv)
The total sign area of all freestanding signs on a site shall
not exceed 0.3 sq. m (3.2 sq. ft.) in area for each lineal
metre of frontage, to a maximum of 12.0 sq. m (129.2 sq.
ft.).
(v)
The maximum height of a freestanding sign shall be 7.0 m
(23.0 ft.).
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(vi)
Where a freestanding sign and a projecting sign are located
along the same frontage of a site, a minimum distance of
10.0 m (32.8 ft.) shall be maintained between the signs.
(vii)
Any support structure for a freestanding sign shall be set
back a minimum of 0.3 m (1.0 ft.) from any site line and no
part of the freestanding sign itself shall encroach onto or
overhang an adjacent site, road or lane.
(d)
Portable Signs
(i)
Any support structure for a portable sign shall be set back a
minimum of 0.5 m (1.6 ft.) from any site line and no part of a
portable sign shall encroach onto or overhang an adjacent
site, road or lane.
(ii)
No more than one (1) portable sign shall be located on a
site.
(iii)
Notwithstanding Subsection (b) above, one (1) portable sign
may be allowed for each business in a multiple-occupancy
development provided that no portable sign is located closer
to another than 15.0 m (49.2 ft.).
(iv)
All portable signs shall be double-faced.
(v)
No portable sign shall exceed a height of 2.5 m (8.2 ft.)
above grade.
(vi)
Portable signs shall not be placed on a site so as to conflict
with or take up space for parking, loading, or walkways.
(vii)
Notwithstanding any other provision of this Bylaw to the
contrary, portable signs shall not be allowed in any
Residential District.
(e)
Projecting Signs
(i)
No projecting sign shall project over another site, a road, or
a lane.
(ii)
A projecting sign shall have a vertical clearance of a
minimum of 2.5 m (8.2 ft.) from grade.
(iii)
No more than one (1) projecting sign of 0.5 m2 (5.4 ft2 in size
shall be allowed for each frontage of a commercial or
industrial use.
(iv)
All projecting signs shall be erected in such a manner that
the structural support elements are designed to appear as
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an integral part of the overall sign design and concealed
such that no angle iron bracing, guy wires, or similar support
elements are visible from a road.
(f)
Roof Signs
(i)
Roof signs must be manufactured and erected in such a way
that they appear as an architectural feature and they shall
be finished in such a manner that the visual appearance
from all sides makes them appear to be part of the building
itself.
(ii)
No supporting structure for a roof sign shall be visible to the
public unless finished in an aesthetically pleasing manner to
the satisfaction of the Development Authority.
(iii)
All roof signs shall be set back a minimum of 1.0 m (3.3 ft.)
from the edge of the building on which the roof sign is
located.
(g)
Fascia Signs
(i)
The portion of a wall which can be used for or which can be
covered by a wall sign on the front of a building shall be the
space defined by the following lower and upper limits:
(A)
the lower limit of the portion shall be the lower limit of
the lintel or the window head of the first storey, but in
no case lower than 2.4 m (7.9 ft.) above grade,
Figure 40: Fascia Sign Placement on a One Storey Building
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(B)
in the case of a one storey building, the upper limit of
the portion shall be either:
1.
the roofline of a flat-roofed building, or, where
there is an existing majority of wall signs which
exceed the roofline, the upper limit of such
existing wall signs, or
2.
a maximum of 0.8 m (31.5 inches) above the
line of the eaves, if there is a parapet wall,
provided that the sign does not project above
the upper edge of the parapet, or
Figure 41: Example of a Parapet Wall and Eaves
3.
the line of the eaves,
(C)
in the case of a building that is not a one storey
building, the upper limit of the portion shall be the
window sill of the second storey or, in the absence of
any windows on the second storey, 0.8 m (31.5
inches) above the floor elevation of the second
storey.
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Figure 42: Fascia Sign Placement on a Two Storey Building
(ii)
Notwithstanding Subsection (a) above, a wall sign may be
located:
(A)
below the area defined in Subsection (a) above,
provided:
1.
the sign consists of individual letters, symbols,
or logos that are directly attached to the
building face,
2.
the sign states no more than the name of the
building or the principal tenant of the building,
and
3.
the sign area does not exceed 20% of the
building face below the area defined in
Subsection (a)above,
(B)
between the second storey window lintel and the third
storey window sill or, in the case of a two storey
building, between the second storey window lintel and
the roof or parapet, provided:
1.
the sign states no more than the name of the
building or the principal tenant of the building,
and
2.
the sign area does not exceed 2.5 sq. m (26.9
21. ft.), or
(C)
above the third storey window sill, provided:
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1.
the sign states no more than the name of the
building or principal tenant of the building, and
2.
there is no more than one (1) sign per building
face above the third storey.
(iii)
A wall sign may be allowed on the side wall of a building
facing a road where a development is located on a corner
site provided that the sign is integrated with the other
signage on the building and is of the same height and width.
(iv)
Any other location for a wall sign shall be at the discretion of
the Development Authority, who shall have consideration for
the aesthetic quality and compatibility of the proposed wall
sign with adjacent developments.
(h)
Inflatable Signs
(i)
A small inflatable style sign can be placed on an approved
temporary sign location, and does not require a development
permit, provided it is, no larger than 5.5 sq. m (59.2 sq. ft.)
as applicable.
(ii)
Larger inflatable signs require that a development permit be
applied for, and approval obtained before installation.
Figure 4331: Inflatable Sign
(iii)
One inflatable sign may be located on a site and must be
tethered or anchored so that it is touching the ground
surface to which it is anchored.
(iv)
The maximum height of an inflatable sign shall be the
allowed height of a freestanding sign for the site.
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(v)
An inflatable sign can only be located on a site twice in a
calendar year and not for longer than 30 consecutive days.
(vi)
Inflatable signs cannot be located on the roof of a structure.
(8)
Signs in or Adjacent to Residential Districts
(a)
Except as provided in Subsections (b) and (c) below, no sign shall
be permitted in Residential Districts except for places of worship,
schools or other public institutions.
(b)
An approved major home occupation may display a sign, not larger
than 0.2 sq. m (2 sq. ft.) in the window of the dwelling.
(c)
An approved bed and breakfast may display a sign, not larger than
0.2 sq. m (2.0 sq. ft.). If outside, the sign shall be placed in a
location that is satisfactory to the Development Authority.
Alternatively, the sign may be displayed from the inside of a
window of the dwelling.
(d)
One (1) freestanding sign per site may be allowed for the purpose
of identifying the name of a multi-family dwelling, a manufactured
home park, a neighbourhood, or a subdivision, provided:
(i)
the sign area does not exceed 5.0 sq. m (53.8 sq. ft.),
(ii)
the height of the sign does not exceed 2.0 m (6.6.ft.), and
(iii)
the sign is not internally illuminated, though it may be lit from
the front.
(e)
Name or number signs shall have a surface area of no more than
0.3 sq. m (3.0 sq. ft.).
(f)
When an illuminated sign is located in a District adjacent to a
Residential District, the illumination from that sign shall be
deflected away from the Residential District.
(g)
When, in the opinion of the Development Authority, a proposed
sign in any District adjacent to a Residential District might be
objectionable to a resident in the Residential District, the
Development Authority may impose such other requirements as
they deem necessary, to protect the amenities of the Residential
District.
(9)
Signs Relating to Institutional Uses
In any District where a place of worship or a school or another institutional
use is allowed, one (1) sign of not more than 5.0 sq. m (53.8 sq. ft.) in
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area shall be allowed to be erected on the site occupied by the place of
worship, school, or other institutional use.
8.64 SINGLE LOT SUBDIVISIONS FOR RESIDENTIAL USE
(Including the subdivision of farmsteads and fragmented parcels)
(1)
Subdivision applications for the purpose of creating more than one (1) lot
for residential use as defined in this Bylaw per quarter section of land in
the E District shall not be approved.
(2)
When reviewing applications to reclassify land from the E District to
another District to allow for more than one lot for residential use on one
quarter section of land, Council shall have regard, among other matters,
to the following:
(a)
Development for residential uses may be prohibited:
(i)
on lands currently under agricultural production that are
classified in the farmland assessment as either arable or
improved pasture, and assessed as having a 40%
agricultural productivity capability or higher;
(ii)
on sites where adequate year-round access is not available
by either a paved or a graveled all-weather road in good
condition;
(iii)
on sites where necessary services are not provided at the
sole expense of the developer; or
(iv)
on sites where water quality and/or quantity is marginal or
substandard.
(3)
Notwithstanding the above-noted criteria, the Development Authority may
consider a development permit application for a residential use on a lot
registered in the Land Titles Office as a separate title as of the date of the
approval of this Bylaw in the E District.
(4)
A single lot subdivision for a residential use as defined in this Bylaw or a
subdivision of a farmstead shall generally be from 3.4 ha (8.4 ac.) to 5.0
ha (12.4 ac.) in size in order to meet the requirements of Provincial
regulations for surface sewage discharge. However, subdivisions of
farmsteads shall incorporate within their boundaries those natural and
man-made features that form part of the residence-related portion of a
farm operation, such as shelterbelts, small tree stands, gardens, small
corrals, driveways, fences, buildings, structures, water supply and sewage
disposal facilities and other features which are normally considered to be
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part of a farmstead. By including those above-named features, the size of
a single lot subdivision for residential use or a farmstead may exceed the
5.0 ha (12.4 ac.) criterion.
(5)
The subdivision of a single lot subdivision for residential use, as defined in
this Bylaw to include extensive recreation, or a subdivision of a farmstead
shall not be allowed unless the proposed lot:
(a)
has a habitable dwelling,
(b)
has a potable water supply, and
(c)
has electrical power service on-site.
(6)
In the case of the subdivision of a fragmented area used or intended to be
used for residential use as defined in this Bylaw, the adequacy of the
parcel shall be determined by the Subdivision Authority. The subdivision
of a fragmented area which does not have a building site which would
meet the yard and setback requirements of this Bylaw, which would be
suitable for the construction of a dwelling, and which is readily accessible
from a constructed road or highway, shall not be approved.
(7)
Development for residential use as defined in this Bylaw shall be
prohibited:
(a)
on sites where adequate year-round access is not available by
either a paved or graveled all-weather road in good condition;
(b)
on sites where necessary services are not provided at the sole
expense of the developer;
(c)
on sites on which adequate storm water drainage is not provided;
or
(d)
within 30 m (98.4 ft.) of the shoreline of any lake.
(8)
When a farmstead is subdivided from a quarter section, it shall be
regarded as a residential site for the purposes of this Bylaw.
(9)
The Subdivision Authority shall consider the minimum distance separation
between dwellings and a confined feeding operation as determined
through the use of Schedule 1 of the Standards and Administration
Regulation adopted pursuant to the Agricultural Operation Practices Act
as a guide for evaluating all subdivisions for residential use in proximity to
confined feeding operations.
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8.65 SITE CONDITIONS
(1)
Development shall not be allowed on unstable slopes, land characterized
by soil instability, or land exhibiting evidence of poor drainage or flooding
unless it can be demonstrated to the satisfaction of the Development
Authority that unique site requirements warrant otherwise.
(2)
Development Near Waterbodies and Watercourses
(a)
Where a parcel of land borders on or contains a coulee, ravine or
valley, without a watercourse, the minimum required setback of a
building from the coulee, ravine or valley shall be 7.5 m (25.0 ft.).
(b)
A minimum setback of 30 m (100 ft.) shall be provided for all buildings
from the top of bank of any watercourse, from the top of the ravine or
other topographical feature in which a watercourse is located, or from
any water body unless the Development Authority is satisfied through
the submission of a detailed geotechnical engineering study from a
registered professional engineer that a lesser setback is warranted.
This requirement shall not apply to fences, boat houses or swimming
facilities, which may be allowed within this strip.
(c)
The Development Authority may increase any minimum yard or
setback requirement, where any permitted or discretionary use or
ancillary development may be detrimental to the preservation of
shoreland, or adversely affected by reason of such use being in a
floodplain, or in proximity to lands with unstable or steep slopes.
(3)
Lands Subject to Flooding or Subsidence
(a)
Notwithstanding that a proposed development conforms in all respects
with this Bylaw, where the application is for development on lands that
are or may be subject to flooding or subsidence, or in an area
potentially subject to a 1:100 year flood, the Development Authority
shall not approve a development permit unless the applicant can
demonstrate that preventive engineering and construction measures
can be instituted to make the site suitable for the proposed
development or to protect the development from the potential flooding
hazard.
(b)
If a development is subsequently approved in such an area, the
developer shall be required to implement the preventive measures
referred to in Subsection (a) above, and agree within an agreement
that can be caveated against the titles of the affected lands, that they
and/or any subsequent landowners shall be responsible for any
damage or loss caused by flooding or subsidence.
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(4)
The Development Authority may impose conditions on the approval of a
development permit requiring the retention of trees, or additional planting
of such a type and extent that is considered necessary.
(5)
The Development Authority may prescribe setback and/or buffering
requirements for uses which may be incompatible with adjacent land
uses.
(6)
The Development Authority may prescribe or approve screening for uses
which involve the outdoor storage of goods, machinery, vehicles, building
materials, waste materials, and other similar uses.
8.66 SMALL WIND ENERGY CONVERSION SYSTEMS
(1)
For property sizes between 0.1 ha (0.25 ac.) and 0.2 ha (0.5 ac.) the wind
turbine tower height shall be limited to 25.0 m (82.0 ft.). For property sizes
of 0.2 ha (0.5 ac.) or more, there is no limitation on wind turbine tower
height, subject to the set-back requirements below, and provided that the
application includes evidence that the proposed height does not exceed
the height recommended by the manufacturer or any distributor of the
system.
(2)
The turbine base shall be no closer to the property line than the height of
the wind turbine tower, and no part of the system structure, including guy
wire anchors, may extend closer than 3.0 m (9.8 ft.) to the property
boundaries of the installation site. Additionally, the outer and innermost
guy wires must be marked and clearly visible to a height of 2.0 m (6.6 ft.)
above the guy wire anchors. The Development Authority may waive
setback requirements from adjacent properties if such adjacent property
owner agrees to grant an easement binding on current and future owners.
(3)
The mean value of the sound pressure level from small wind energy
systems shall not exceed more than 6 decibels (dBA) above background
sound, as measured at the exterior of the closest neighbouring inhabited
dwelling (at the time of installation or during operation), for wind speeds
below 10 meters per second (22 mph) and except during short-term
events such as utility outages and/or severe wind storms.
(4)
Development permit applications for small wind energy systems shall be
accompanied by standard drawings of the wind turbine structure, including
the tower, base, footings, anchoring method and drawn to scale. An
engineering analysis of the wind turbine tower showing compliance with
the International Building Code and certified by a licensed professional
mechanical, structural, or civil engineer shall also be submitted.
Documentation of this analysis supplied by the manufacturer shall be
accepted.
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(5)
Small wind energy systems must comply with applicable air traffic safety
regulations. A statement on compliance by the applicant is sufficient.
Transport Canada must be notified of the location (latitude and longitude)
and height of all wind turbine installations through the aeronautical
clearance application process. Small wind turbine towers shall not be
artificially lit except as required by Nav Canada.
(6)
Building permit applications for small wind energy systems shall be
accompanied by a line drawing of the electrical components in sufficient
detail to allow for a determination that the manner of installation conforms
to existing electrical codes. This information is frequently supplied by the
manufacturer.
(7)
No small wind energy system that is tied into a grid shall be installed until
evidence has been given that the utility has been informed of the
customer's intent to install an interconnected customer-owner generator.
A copy of a letter to the applicant's utility is sufficient. No response or
evidence of approval from the utility is required. Off-grid systems and
grid-tied systems that are not capable of feeding onto the grid with
advanced control grid fault protection and disconnect switches covered
under the electrical code shall be exempt from the requirement.
(8)
One Small Wind Energy System is allowed per single detached dwelling
on a lot.
8.67 SOLAR ENERGY COLLECTION SYSTEMS
(1)
Ground mounted solar collectors shall be located in a side or rear yard
only.
(2)
When a solar energy collection system is installed on a lot, accessory
structures or vegetation on an abutting lot should not be located so as to
block the solar collector's access to solar energy. The portion of a solar
collector that is protected is the portion which:
(a)
is located so as not to be shaded between the hours of 10:00 a.m.
and 3:00 p.m. by a hypothetical 3.66 m (12 ft.) obstruction located
on the lot line; and,
(b)
has an area not greater than one-half of the heated floor area of the
structure, or the largest of the structures, to be served.
Notwithstanding the foregoing, the MD shall not be held responsible for
protecting access to solar energy on private land.
(3)
No solar energy collection system that is tied into a grid shall be installed
until evidence has been given that the utility has been informed of the
customer's intent to install an interconnected customer-owner generator.
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A copy of a letter to the applicant's utility is sufficient. No response or
evidence of approval from the utility is required. Off-grid systems and
grid-tied systems that are not capable of feeding onto the grid with
advanced control grid fault protection and disconnect switches covered
under the electrical code shall be exempt from the requirement.
8.68 SOUR GAS FACILITIES
(1)
No development shall be allowed within 100 m (328 ft.) of a Level 1 sour
gas facility (consisting of a well) as determined by the Alberta Energy
Resources Conservation Board (ERCB).
(2)
In the case of a Level 2 sour gas facility as determined by the ERCB:
(a)
no permanent dwelling shall be allowed within 100 m (328 ft.) of the
sour gas facility; and
(b)
no institutional use shall be allowed within 500 m (1640 ft.) of the
sour gas facility.
(3)
In the case of Level 3 sour gas facility as determined by the ERCB:
(a)
no permanent dwelling shall be allowed within 100 m (328 ft.) of the
sour gas facility;
(b)
no residential development with a density of more than eight (8)
dwelling units per quarter section shall be allowed within 500 m
(1640 ft.) of the sour gas facility; and
(c)
no institutional use shall be allowed within 1500 m (4921 ft.) of the
sour gas facility.
8.69 SPECIAL SETBACKS
(1)
Notwithstanding any other provisions of this bylaw, septic tanks and/or
cesspools shall not be located within 40 m (134 ft.) of the right-of-way of any
highway or road in the E District unless approved by the Development
Authority.
(2)
Notwithstanding any other provisions of this bylaw, minimum required yards
for dugouts and borrow pits shall be at the discretion of the Development
Authority.
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8.70 SUBDIVISION OF LAND
(1)
Where the development of land requires a subdivision, no development
permit shall be issued until the proposed subdivision has received
tentative approval from the Subdivision Authority for the Municipal District.
(2)
For the purposes of this Bylaw, an unsubdivided quarter section shall
include those quarter sections where a separate title exists for a public
utility, a railroad, or an institutional use.
(3)
Development agreements shall be required as a condition of approval for
subdivision of land within the Municipal District.
8.71 SURVEILLANCE SUITES
(1)
Surveillance suites shall not be allowed on a lot as an accessory use unless
specifically listed as a permitted or as a discretionary use within the District
within which the lot is located. Surveillance suites shall not be allowed on a
lot as a principal use.
(2)
A surveillance suite which is not located, attached to, or within the principal
building shall be located:
(a)
a minimum of 2.0 m (6.5 ft.) from any buildings;
(b)
a minimum of 3.0 m (9.8 ft.) from the rear and side lines; and
(c)
no closer to the front line than the principal building.
(3)
A surveillance suite may not be a single family dwelling, manufactured home,
modular home, recreational vehicle or park model.
(4)
The maximum floor area of a surveillance suite shall be 32.6 sq. m (351.0
sq. ft.).
(5)
The design and quality of the exterior treatment of the surveillance suite
shall be compatible with any other buildings existing on the property and
shall be to the satisfaction of the Development Authority.
8.72 TINY HOUSES
(1)
Servicing for tiny houses shall be to the satisfaction of the Development
Authority.
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8.73 TOPSOIL REMOVAL
(1)
A development permit is required for the removal of top soil, sand, or
gravel for commercial purposes.
(2)
The Development Authority may refer a copy of a development permit
application for topsoil removal to the appropriate provincial agencies for
input prior to making a decision.
8.74 WIRELESS COMMUNICATIONS FACILITIES
(1)
The municipality will encourage developers of wireless communications
facilities to demonstrate good planning and design with foremost regard to
safety of the general public; adherence to established construction
standards in industry; minimizing impacts to the natural environment;
minimizing the visual impacts on nearby residents; and ensuring public
consultation in the early development stages. A letter of support will be
provided to licensing and approving authorities for applications meeting
these criteria. A letter of non-support will be provided to licensing and
approving authorities for applications not meeting these criteria.
(2)
Developers of a wireless communications facility that plan for the facility
and can accommodate other wireless operators on the site will be given
priority status.
(3)
The application for development of a wireless communications facility is
encouraged to engage existing owner/operators of these structures for co-
location opportunities. Existing operators are encouraged to participate in
the process by charging reasonable rates for this privilege.
(4)
Applications for development of structures outside of the Alberta Building
Code such as lattice towers shall include a document from authoritative
sources demonstrating structural adequacy of the specified structure for
the location and loading defined in the application. Such authorities
include: the Canadian Standards Association and qualified structural
engineers. Stamps and Seals of approval shall accompany the
documentation.
(5)
Guyed-tower structures are to be located on properties that allow for a
distance from the base to boundary setbacks that is no less than equal to
the final structure height. In all cases that base and anchor structures
must be designed for the soil conditions present. A professional
engineered design with supporting soil profiles must accompany the
application for development. Precise location (Latitude and Longitude) of
the base and anchors must be revealed.
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(6)
Self-support towers are to be located respecting the building and safety
codes for the community. In all cases the base structures must be
designed for the soil conditions present. A professional engineered
design with supporting soil profiles must accompany the application for
development.
(7)
Multiple tower structures will require individual development permit
applications.
(8)
Applications for the development of wireless facilities must include in the
development application letters from the following authorities:
(a)
Transport Canada governing painting and lighting of the applicant's
tower for aeronautical safety;
(b)
Nav Canada governing aircraft communication and instrumentation
immunity from the applicant's tower transmissions;
(c)
Industry Canada governing the frequency of operations and public
safety from non-ionized radiation in accordance with Safety Code
6. Licensed Exempt operators must provide a stamped letter from a
licensed professional RF engineer guaranteeing these conditions
will be met; and
(9)
Appropriate fencing around the base, anchors and site limiting public
access to the tower and exposure to high RF energy fields must be
provided with consideration of community esthetics.
(10)
The application for development must include consideration to minimizing
environmental damage through the following measures:
(a)
Consultation with Federal and Provincial environmental agencies to
ensure the site selected and the resultant construction does not
impact upon sensitive ecologies nor interfere with migrating birds
or animals. Confirming letters from these agencies must
accompany the application for development.
(b)
The application for development shall include a signed letter from
the applicant detailing corrective action(s) to remediate any
environmental damages.
(11)
As a condition of obtaining a development permit the applicant agrees to
the following:
(a)
The site will be reclaimed within six (6) months of cessation of
operation.
(b)
The site reclamation will comply with Alberta Environmental Laws
to be provided by Alberta Environment or their agent.
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(12)
Applicants for development of a wireless facility within a Hamlet must
demonstrate attention to community esthetics in their choice of structure.
(13)
A public consultative process shall commence with the intent to establish
a wireless facility and include advertisement in the local newspapers and
a letter to the adjacent property owners 120 days prior to the anticipated
date of construction. The municipality will arrange for the public meetings
at its discretion and at the sole expense of the applicant.
8.75 WORKCAMPS
(1)
All workcamps, including short term workcamps, require a development
permit before any development may take place, and the Development
Authority shall give due regard to the need, location and type of camp, prior
to rendering its decision.
(2)
No workcamp other than a short term workcamp or a workcamp approved for
a specified period of time shall be approved within the municipality. To that
end, any approval for a workcamp shall be for a specified period of time not
to exceed fifteen (15) months. If a workcamp is used to temporarily house
construction personnel, and if the construction period for the development to
which the workcamp is associated will exceed two (2) years, the applicant
may ask the Development Authority to extend an approval of an already
approved workcamp. Under such circumstance, the Development Authority,
at its sole discretion, may allow said extension.
(3)
The Development Authority may establish whatever conditions for the
approval of a workcamp or a short term workcamp that it, at its sole
discretion, deems reasonable to ensure that the workcamp or short term
workcamp will be a temporary development.
(4)
The Development Authority may, at its sole discretion, establish any
conditions of approval for a workcamp or a short term workcamp to ensure
that the site of the development will be restored to its previous situation after
the development ceases operations.
(5)
Workcamps shall not be allowed adjacent to or within close proximity to
residential areas, nor adjacent to the major roads within hamlets.
(6)
All parking must be provided on the lot and areas for parking developed to
the satisfaction of the Development Authority.
(7)
All points of access and egress shall be located to the satisfaction of the
Development Authority.
(8)
Maximum parcel coverage shall be such that space is available for all the
parking on the lot, together with the applicable setback and such area as
required for landscaping as determined by the Development Authority.
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(9)
Adjacent buildings in workcamps shall be located sufficient distance from
each other as required for fire protection purposes as determined by the
Alberta Safety Codes Act and by the Development Authority.
(10)
Screening and fencing of storage areas shall be to the satisfaction of the
Development Authority.
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PART 9 - LAND USE DISTRICTS - DISTRICT
REGULATIONS
9.1
E - RESOURCES DISTRICT
(1)
General Purpose
To regulate land uses within the "Green Area" of the Municipal District, and to
provide for natural resource extraction uses and the conservation of
extensive areas of agricultural land for a wide range of agricultural uses.
(2)
Permitted Uses
-
Agroforestry
-
Extensive agriculture
-
Game farms
-
Minor home occupations
-
Buildings and uses ancillary to permitted uses
-
Workcamps, short term
(3)
Discretionary Uses
-
Agricultural industries
-
Airports
-
Animal hospitals
-
Bed and breakfast establishments
-
Cabins
-
Campgrounds
-
Cemeteries
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-
Day homes
-
Extensive recreation
-
Family care facilities
-
Fur farms
-
Garden Suite on single lot subdivisions
-
Garage Suite on single lot subdivisions
-
Greenhouses
-
Group care facilities
-
Group homes
-
Heavy truck and equipment storage
-
In-law Suite on single lot subdivisions
-
Intensive agriculture
-
Intensive recreation existing as of the date of the approval of this Bylaw
-
Kennels
-
Landfills
-
Large wind energy conversion systems
-
Livestock sales yards
-
Major home occupations
-
Manure storage facilities
-
Natural areas
-
Natural resource extraction industries
-
Outdoor amusement establishments
-
Public or quasi-public buildings
-
Public or quasi-public uses
-
Public parks
-
Public utilities
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-
Public utility buildings
-
Radio, television and other communication towers
-
Recreation camps
-
Recreational vehicle campgrounds, workcamp
-
Religious assemblies
-
Rural industries
-
Sanitary waste disposal facilities
-
Secondary Suites on single lot subdivisions
-
Sewage disposal facilities
-
Single family dwellings or manufactured homes on single lot subdivisions
-
Waste transfer facilities
-
Wireless communications facilities
-
Workcamps
-
Other uses which are, in the opinion of the Development Authority, similar
to the above-listed permitted and discretionary uses
-
Buildings and uses ancillary to discretionary uses
(4)
Requirements
(a)
Minimum Lot Area for Permitted Uses - 64.7 ha (160 ac.) except
where the lot is subject to the following:
(i)
where discretionary uses have been allowed to reduce the lot
size, then the area of the quarter section less the discretionary
uses;
(ii)
where the lot is fragmented by a natural barrier such as a
watercourse or waterbody, then the area of the fragmented lot;
(iii)
where the lot is fragmented by a physical barrier such as a road
or railway, then the area of the fragmented lot;
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(iv)
where the original quarter section contained less than 64.7 ha
(160 ac.), then, subject to Subsection (i) above, the area of the
original quarter section.
(b)
Minimum and Maximum Lot Area for Discretionary Uses:
(i)
A lot for a single family dwelling or for a modular or
manufactured home shall be at least 2.02 ha (5.0 ac.) in area.
(ii)
The minimum and maximum lot sizes for other discretionary
uses shall be as required by the Development Authority.
(c)
The subdivision of a quarter section which has had a lot for residential
use previously subdivided from it shall not be allowed.
(d)
Minimum Front Yard Requirements:
(i)
Internal Local Road - 8 m (26.2 ft.) from the boundary of the
right-of-way,
(ii)
Grid Road - 40 m (131.2 ft.) from the right-of-way,
(iii)
Minor Two-Lane Highway - 40 m (131.2 ft.) from the
boundary of the right-of-way (Note that Section 8.19 also
applies),
(iv)
Major Two-Lane Highway - 70 m (230 ft.) from the centre
line or 40 m (131.2 ft.) from the boundary of the right-of-way,
whichever is greater (Note that Section 8.19 also applies),
(v)
Developments which cannot comply with Subsections (i), (ii),
(iii), and (iv) above and which are located on lots created prior
to the establishment of this Bylaw shall meet the setback
requirements determined by the Development Authority.
(e)
Minimum Side Yard Requirements:
(i)
For internal lots, 15.0 m (49.2 ft.)
(ii)
For corner lots, the minimum required side yard shall be the
same as the minimum required front yard unless otherwise
determined by the Development Authority.
(f)
The minimum required rear yard shall be 15 m (49.2 ft.), or as
determined by the Development Authority.
(g)
Landscaping Requirements:
Landscaping may be required for permitted and discretionary uses to
screen developments from view. Vegetated buffer strips and/or other
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screening of a visually pleasing nature may be required by the
Development Authority.
(h)
Confined Feeding Operations and Manure Storage Facilities
Confined feeding operations and manure storage facilities shall meet
the requirements of Provincial legislation and regulations.
(i)
Workcamps
(i)
No workcamp shall be approved for a time period exceeding
fifteen (15) months.
(j)
Other Requirements:
(i)
The Development Authority may specify, as a condition of the
approval of a development permit, the type of water supply
system and/or sewage disposal system to be provided to
service a proposed development. Water supply and sewage
disposal shall be provided in accordance with the appropriate
legislation.
(ii)
The Development Authority may decide on such other
requirements as are necessary, having due regard to the nature
of a proposed development and the purpose of this District.
(iii)
The Development Authority may allow a second dwelling unit on
a lot in accordance with Section 8.2 of this Bylaw.
(iv)
A development permit may be issued for development on
Crown land subject to a disposition (lease, license, disposition
leading to a patent) being obtained from the Province of Alberta.
(v)
All applications for subdivision and development must comply
with any approved Area Structure Plan and Development
Concept Plan affecting the lands.
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9.2
R1 - RESIDENTIAL DISTRICT
(1)
General Purpose
To provide for municipally serviced and un-serviced low density residential
development in established hamlets.
(2)
Permitted Uses
-
Manufactured homes 10 years or less in age at the time of development
permit application
-
Minor home occupations
-
Modular homes
-
Parks, playgrounds and similar recreational uses
-
Public utilities
-
Single family dwellings
-
Buildings and uses ancillary to permitted uses
(3)
Discretionary Uses
-
Bed and breakfast establishments
-
Day homes
-
Duplexes
-
Family care facilities
-
Institutional uses
-
Major home occupations
-
Manufactured homes more than 10 years in age at the time of
development permit application
-
Neighbourhood commercial developments
-
Public parks
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-
Public or quasi-public uses
-
Religious assemblies
-
Semi-detached dwellings
-
Senior citizens' drop in centres
-
Show homes
-
Suites, garage
-
Suites, garden
-
Suites, in-law
-
Suites, secondary
-
Tiny house
-
Buildings and uses ancillary to discretionary uses
(4)
Requirements
(a)
Minimum Lot Area for Permitted Uses:
(i)
Unserviced lot - 1860 sq. m (20,021 sq. ft.)
(ii)
Serviced with municipal water only - 1400 sq. m (15,069.5 sq.
ft.)
(iii)
Serviced by municipal sewage collection only - 930 sq. m
(10,010 sq. ft.)
(iv)
Serviced by both municipal sewer and water systems - 465 sq.
m (5,005 sq. ft.)
(b)
Minimum Lot Width:
(i)
30 m (98.4 ft.) for unserviced or partially serviced lots
(ii)
15 m (49.2 ft.) for lots serviced by both municipal water and
sewer systems.
(c)
The minimum lot area for discretionary uses shall be as required by
the Development Authority.
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(d)
Development on existing substandard lots may be considered by the
Development Authority. Compliance with provincial plumbing,
drainage and health regulations will be required.
(e)
Minimum Floor Area for Residential Uses
(i)
Except in Red Earth Creek, (shown on Inset Map A-4), one story
single family single family dwellings shall have a minimum floor
area of 29.0 sq. m (312.0 sq. ft.)
(ii)
Two story or split level single family dwellings shall have a
minimum floor area of 75 sq. m (807 sq. ft.) with a basement, or
85.0 sq. m (915.0 sq. ft.) without a basement.
(iii)
Semi-detached and duplex dwellings shall have a minimum floor
area of 55 sq. m (592 sq. ft.) for each dwelling unit.
(iv)
In Red Earth Creek (shown on Inset Map A-4), one story single
family dwellings shall have a minimum floor area of 45.0 sq. m
(484 sq. ft.) with a basement, or 55 sq. m (592 sq. ft.) without a
basement. .
(v)
The minimum floor area for a tiny house shall be as required by
the Development Authority.
(f)
Minimum Yard Requirements:
(i)
Front yard - 7.5 m (24.6 ft.)
(ii)
Except as noted below, side yard - 1.5 m (4.92 ft.)
(iii)
Side yard abutting a road in the case of a corner lot - 3.0 m
(9.84 ft.)
(iv)
Rear yard - 7.5 m (24.6 ft.)
Notwithstanding these regulations, any requirements established
pursuant to the Alberta Safety Codes Act must be provided.
(g)
Design, Character and Appearance of Buildings:
(i)
Buildings may be either of new construction or moved in.
Exterior finish to be wood, metal (or similar siding), brick or
stucco to the satisfaction of the Development Authority.
(ii)
All manufactured homes shall be factory built or of a quality
equivalent thereto with walls of pre-finished baked enamel
aluminum siding or equivalent, as required by the Development
Authority. Solid footings and a concrete or wood block
foundation, wall or skirting shall be provided so that the
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appearance,
design
and
construction
compliment
the
manufactured home. The undercarriage of a manufactured
home shall be screened from view to the satisfaction of the
Development Authority. Manufactured homes shall not be
placed "sideways" on a lot, with their longer dimension (length)
parallel or nearly parallel to the front line, unless the lot width
exceeds 45.0 m (147.6 ft.).
(iii)
All ancillary structures such as patios, porches, additions,
skirting and storage facilities shall be factory pre-fabricated
units, or of a quality equivalent thereto, so that the appearance,
design and construction will complement the manufactured
home.
(h)
Other Requirements:
(i)
The Development Authority may specify, as a condition of the
approval of a development permit, the type of water supply
system and/or sewage disposal system to be provided to
service a proposed development. Water supply and sewage
disposal shall be provided in accordance with the appropriate
legislation.
(ii)
Every fence enclosing an outdoor swimming pool or hot tub
exceeding 0.9 m (3.0 ft.) in depth shall be at least 1.7 m (5.6 ft.)
in height and shall be designed so as to try to deter children
from climbing over or crawling through or under it to gain
access. Gates in the fence shall be the same height as the
fence and shall be equipped with a self-latching device located
on the inside of the fence.
(iii)
The maximum height of any building shall be 10 m (32.8 ft.).
(iv)
All applications for subdivision and development must comply
with any Area Structure Plan affecting the lands.
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9.3
R1A - RESIDENTIAL DISTRICT
(1)
General Purpose
To provide for one family residential development, fully serviced lots in
established hamlets.
(2)
Permitted Uses
-
Manufactured homes 10 years or less in age at the time of development
permit application
-
Modular homes
-
Minor home occupations
-
Parks, playgrounds and similar recreational uses
-
Public utilities
-
Single family dwellings
-
Buildings and uses ancillary to permitted uses
(3)
Discretionary Uses
-
Bed and breakfast establishments
-
Day homes
-
Duplexes
-
Family care facilities
-
Institutional uses
-
Major home occupations
-
Manufactured homes more than 10 years in age at the time of
development permit application
-
Neighbourhood commercial developments
-
Public parks
-
Public or quasi-public uses
-
Religious assemblies
-
Semi-detached dwellings
-
Senior citizens' drop in centres
-
Show homes
-
Suites, garage
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-
Suites, garden
-
Suites, in-law
-
Suites, secondary
-
Tiny house
-
Buildings and uses ancillary to discretionary uses
(4)
Requirements
(a)
Minimum Lot Area for Permitted Uses - 465 sq. m (5,005 sq. ft.)
(b)
Minimum Lot Width - 15.0 m (49.2 ft)
(c)
The minimum lot area for discretionary uses shall be as required by
the Development Authority.
(d)
Development on existing substandard lots may be considered by the
Development Authority. Compliance with provincial plumbing,
drainage and health regulations will be required.
(e)
Minimum Floor Area for Residential Uses
(i)
Except in Red Earth Creek, (shown on Inset Map A-4), one story
single family single family dwellings shall have a minimum floor
area of 29.0 sq. m (312.0 sq. ft.)
(ii)
Two story or split level single family dwellings shall have a
minimum floor area of 75 sq. m (807 sq. ft.) with a basement, or
85.0 sq. m (915.0 sq. ft.) without a basement.
(iii)
Semi-detached and duplex dwellings shall have a minimum floor
area of 55 sq. m (592 sq. ft.) for each dwelling unit.
(iv)
In Red Earth Creek (shown on Inset Map A-4), one story single
family dwellings shall have a minimum floor area of 45.0 sq. m
(484 sq. ft.) with a basement, or 55 sq. m (592 sq. ft.) without a
basement.
(v)
The minimum floor area for a tiny house shall be as required by
the Development Authority.
(f)
Minimum Yard Requirements:
(i)
Front yard - 7.5 m (24.6 ft.)
(ii)
Except as noted below, side yard - 1.5 m (4.92 ft.)
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(iii)
Side yard abutting a road in the case of a corner lot - 3.0 m
(9.84 ft.)
(iv)
Rear yard - 7.5 m (24.6 ft.)
Notwithstanding these regulations, any requirements established
pursuant to the Alberta Safety Codes Act must be provided.
(g)
Maximum Coverage by All Development - 40%
(h)
Design, Character and Appearance of Buildings:
(i)
Buildings may be either of new construction or moved in.
Exterior finish to be wood, metal (or similar siding), brick or
stucco to the satisfaction of the Development Authority.
(ii)
All manufactured homes shall be factory built or of a quality
equivalent thereto with walls of pre-finished baked enamel
aluminum siding or equivalent, as required by the Development
Authority. Solid footings and a concrete or wood block
foundation, wall or skirting shall be provided so that the
appearance,
design
and
construction
compliment
the
manufactured home. The undercarriage of a manufactured
home shall be screened from view to the satisfaction of the
Development Authority. Manufactured homes shall not be
placed "sideways" on a lot, with their longer dimension (length)
parallel or nearly parallel to the front line, unless the lot width
exceeds 45.0 m (147.6 ft.).
(iii)
All ancillary structures such as patios, porches, additions,
skirting and storage facilities shall be factory pre-fabricated
units, or of a quality equivalent thereto, so that the appearance,
design and construction will complement the manufactured
home.
(i)
Other Requirements:
(i)
No dwelling shall be developed within this District unless the
dwelling is provided with full municipal piped water supply and
sewage collection and disposal services.
(ii)
Every fence enclosing an outdoor swimming pool or hot tub
exceeding 0.9 m (3 ft.) in depth shall be at least 1.7 m (5.6 ft.) in
height and shall be designed so as to try to deter children from
climbing over or crawling through or under it to gain access.
Gates in the fence shall be the same height as the fence and
shall be equipped with a self-latching device located on the
inside of the fence.
(iii)
The maximum height of any building shall be 10 m (32.8 ft.).
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(iv)
All applications for subdivision and development must comply
with any approved Area Structure Plan and Development
Concept Plan affecting the lands.
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9.4
R1B - RESIDENTIAL DISTRICT
(1)
General Purpose
To provide for low density, serviced and un-serviced residential development
other than manufactured homes in established hamlets.
(2)
Permitted Uses
-
Modular Homes
-
Minor home occupations
-
Parks, playgrounds and similar recreational uses
-
Public utilities
-
Single family dwellings
-
Buildings and uses ancillary to permitted uses
(3)
Discretionary Uses
-
Bed and breakfast establishments
-
Day homes
-
Duplexes
-
Family care facilities
-
Institutional uses
-
Major home occupations
-
Public parks
-
Public or quasi-public uses
-
Religious assemblies
-
Semi-detached Dwellings
-
Senior citizens' drop in centres
-
Show homes
-
Suites, garage
-
Suites, garden
-
Suites, in-law
-
Suites, secondary
-
Tiny house
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-
Buildings and uses ancillary to discretionary uses
(4)
Requirements
(a)
Minimum Lot Area for Permitted Uses:
(i)
Unserviced lot - 1860 sq. m (20,021 sq. ft.)
(ii)
Serviced with municipal water only - 1400 sq. m (15,069.5 sq.
ft.)
(iii)
Serviced by municipal sewage collection only - 930 sq. m
(10,010 sq. ft.)
(iv)
Serviced by both municipal sewer and water systems - 465 sq.
m (5,005 sq. ft.)
(b)
Minimum Lot Width:
(i)
30 m (98.4 ft.) for unserviced or partially serviced lots
(ii)
15 m (49.2 ft.) for lots serviced by both municipal water and
sewer systems.
(c)
The minimum lot area for discretionary uses shall be as required by
the Development Authority.
(d)
Development on existing substandard lots may be considered by the
Development Authority. Compliance with provincial plumbing,
drainage and health regulations will be required.
(e)
Minimum Floor Area for Residential Uses - 75 sq. m (807 sq. ft.) for
each dwelling unit
(f)
Minimum Yard Requirements:
(i)
Front yard - 7.5 m (24.6 ft.)
(ii)
Except as noted below, side yard - 1.5 m (4.92 ft.)
(iii)
Side yard abutting a road in the case of a corner lot - 3.0 m
(9.84 ft.)
(iv)
Rear yard - 7.5 m (24.6 ft.)
Notwithstanding these regulations, any requirements established
pursuant to the Alberta Safety Codes Act must be provided.
(g)
Maximum Coverage by All Development - 40%
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(h)
Design, Character and Appearance of Buildings:
(i)
Buildings may be either of new construction or moved in.
Exterior finish to be wood, metal (or similar siding), brick or
stucco to the satisfaction of the Development Authority.
(i)
The minimum floor area for a tiny house shall be as required by the
Development Authority.
(j)
Other Requirements:
(i)
The Development Authority may specify, as a condition of the
approval of a development permit, the type of water supply
system and/or sewage disposal system to be provided to
service a proposed development. Water supply and sewage
disposal shall be provided in accordance with the appropriate
legislation.
(ii)
Every fence enclosing an outdoor swimming pool or hot tub
exceeding 0.9 m (3 ft.) in depth shall be at least 1.7 m (5.6 ft.) in
height and shall be designed so as to try to deter children from
climbing over or crawling through or under it to gain access.
Gates in the fence shall be the same height as the fence and
shall be equipped with a self-latching device located on the
inside of the fence.
(iii)
The maximum height of any building shall be 10 m (32.8 ft.).
(iv)
All applications for subdivision and development must comply
with any approved Area Structure Plan and/or Development
Concept Plan affecting the lands.
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9.5
R1C - RESIDENTIAL DISTRICT
(1)
General Purpose
To provide for low density, un-serviced and partially serviced residential
development in established hamlets.
(2)
Permitted Uses
-
Manufactured homes, 10 years in age or less at the time of development
permit application
-
Modular homes
-
Minor home occupations
-
Parks, playgrounds and similar recreational uses
-
Public utilities
-
Single family dwellings
-
Buildings and uses ancillary to permitted uses
(3)
Discretionary Uses
-
Bed and breakfast establishments
-
Day homes
-
Family care facilities
-
Institutional uses
-
Major home occupations
-
Manufactured homes, older than 10 years at the time of development
permit application
-
Neighbourhood commercial developments
-
Public parks
-
Public or quasi-public uses
-
Religious assemblies
-
Senior citizens' drop in centres
-
Show homes,
-
Suites, garage
-
Suites, garden
-
Suites, in-law
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-
Suites, secondary
-
Tiny house
-
Buildings and uses ancillary to discretionary uses
(4)
Requirements
(a)
Minimum Lot Area for Permitted Uses:
(i)
Unserviced lot - 1860 sq. m (20,021 sq. ft.)
(ii)
Serviced with municipal water only - 1400 sq. m (15,069.5 sq.
ft.)
(iii)
Serviced by municipal sewage collection only - 930 sq. m
(10,010 sq. ft.)
(b)
Minimum Lot Width:
(i)
30 m (98.4 ft.) for unserviced or partially serviced lots
(c)
The minimum lot area for discretionary uses shall be as required by
the Development Authority.
(d)
Development on existing substandard lots may be considered by the
Development Authority. Compliance with provincial plumbing,
drainage and health regulations will be required.
(e)
Minimum Floor Area for Residential Uses - 75 sq. m (807 sq. ft.) for
each dwelling unit
(f)
Minimum Yard Requirements:
(i)
Front yard - 7.5 m (24.6 ft.)
(ii)
Except as noted below, side yard - 1.5 m (4.92 ft.)
(iii)
Side yard abutting a road in the case of a corner lot - 3.0 m
(9.84 ft.)
(iv)
Rear yard - 7.5 m (24.6 ft.)
Notwithstanding these regulations, any requirements established
pursuant to the Alberta Safety Codes Act must be provided.
(g)
Maximum Coverage by All Development - 40%
(h)
Design, Character and Appearance of Buildings:
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(i)
Buildings may be either of new construction or moved in.
Exterior finish to be wood, metal (or similar siding), brick or
stucco to the satisfaction of the Development Authority.
(i)
The minimum floor area for a tiny house shall be as required by the
Development Authority.
(j)
Other Requirements:
(i)
The Development Authority may specify, as a condition of the
approval of a development permit, the type of water supply
system and/or sewage disposal system to be provided to
service a proposed development. Water supply and sewage
disposal shall be provided in accordance with the appropriate
legislation.
(ii)
Every fence enclosing an outdoor swimming pool or hot tub
exceeding 0.9 m (3 ft.) in depth shall be at least 1.7 m (5.6 ft.) in
height and shall be designed so as to try to deter children from
climbing over or crawling through or under it to gain access.
Gates in the fence shall be the same height as the fence and
shall be equipped with a self-latching device located on the
inside of the fence.
(iii)
The maximum height of any building shall be 10 m (32.8 ft.).
(iv)
All applications for subdivision and development must comply
with any approved Area Structure Plan and Development
Concept Plan affecting the lands.
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9.6
R1D - RESIDENTIAL DISTRICT
(1)
General Purpose
To provide for municipally serviced and un-serviced low density residential
development with limited secondary commercial uses in established hamlets.
(2)
Permitted Uses
-
Manufactured homes 10 years or less in age at the time of development
permit application
-
Minor home occupations
-
Modular homes
-
Parks, playgrounds and similar recreational uses
-
Public utilities
-
Single family dwellings
-
Buildings and uses ancillary to permitted uses
(3)
Discretionary Uses
-
Bed and breakfast establishments
-
Day homes
-
Duplexes
-
Family care facilities
-
Institutional uses
-
Major home occupations
-
Manufactured homes more than 10 years in age at the time of
development permit application
-
Neighbourhood commercial developments
-
Public parks
-
Public or quasi-public uses
-
Religious assemblies
-
Secondary commercial uses
-
Suites, Garden
-
Suites, Garage
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-
Suites, In-law
-
Suites, Secondary
-
Semi-detached dwellings
-
Senior citizens' drop in centres
-
Show homes
-
Tiny house
-
Buildings and uses ancillary to discretionary uses
(4)
Requirements
(a)
Minimum Lot Area for Permitted Uses:
(i)
Unserviced lot - 1860 sq. m (20,021 sq. ft.)
(ii)
Serviced with municipal water only - 1400 sq. m (15,069.5 sq.
ft.)
(iii)
Serviced by municipal sewage collection only - 930 sq. m
(10,010 sq. ft.)
(iv)
Serviced by both municipal sewer and water systems - 465 sq.
m (5,005 sq. ft.)
(b)
Minimum Lot Width:
(i)
30 m (98.4 ft.) for unserviced or partially serviced lots
(ii)
15 m (49.2 ft.) for lots serviced by both municipal water and
sewer systems.
(c)
The minimum lot area for discretionary uses shall be as required by
the Development Authority.
(d)
Development on existing substandard lots may be considered by the
Development Authority. Compliance with provincial plumbing,
drainage and health regulations will be required.
(e)
Minimum Floor Area for Residential Uses - 75 sq. m (807 sq. ft.) for
each dwelling unit
(f)
Minimum Yard Requirements:
(i)
Front yard - 7.5 m (24.6 ft.)
(ii)
Except as noted below, side yard - 1.5 m (4.92 ft.)
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(iii)
Side yard abutting a road in the case of a corner lot - 3.0 m
(9.84 ft.)
(iv)
Rear yard - 7.5 m (24.6 ft.)
Notwithstanding these regulations, any requirements established
pursuant to the Alberta Safety Codes Act must be provided.
(g)
Maximum Coverage by All Development - 40%
(h)
Design, Character and Appearance of Buildings:
(i)
Buildings may be either of new construction or moved in.
Exterior finish to be wood, metal (or similar siding), brick or
stucco to the satisfaction of the Development Authority.
(ii)
All manufactured homes shall be factory built or of a quality
equivalent thereto with walls of pre-finished baked enamel
aluminum siding or equivalent, as required by the Development
Authority. Solid footings and a concrete or wood block
foundation, wall or skirting shall be provided so that the
appearance,
design
and
construction
compliment
the
manufactured home. The undercarriage of a manufactured
home shall be screened from view to the satisfaction of the
Development Authority. Manufactured homes shall not be
placed "sideways" on a lot, with their longer dimension (length)
parallel or nearly parallel to the front line, unless the lot width
exceeds 45.0 m (147.6 ft.).
(iii)
All ancillary structures such as patios, porches, additions,
skirting and storage facilities shall be factory pre-fabricated
units, or of a quality equivalent thereto, so that the appearance,
design and construction will complement the manufactured
home.
(i)
The minimum floor area for a tiny house shall be as required by the
Development Authority.
(j)
Other Requirements:
(i)
The Development Authority may specify, as a condition of the
approval of a development permit, the type of water supply
system and/or sewage disposal system to be provided to
service a proposed development. Water supply and sewage
disposal shall be provided in accordance with the appropriate
legislation.
(ii)
Every fence enclosing an outdoor swimming pool or hot tub
exceeding 0.9 m (3 ft.) in depth shall be at least 1.7 m (5.6 ft.) in
height and shall be designed so as to try to deter children from
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climbing over or crawling through or under it to gain access.
Gates in the fence shall be the same height as the fence and
shall be equipped with a self-latching device located on the
inside of the fence.
(iii)
The maximum height of any building shall be 10 m (32.8 ft.).
(iv)
All applications for subdivision and development must comply
with any approved Area Structure Plan and Development
Concept Plan affecting the lands.
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9.7
R2 - RESIDENTIAL DISTRICT
(1)
General Purpose
To provide for medium density (duplex, semi-detached and row housing)
residential development in established hamlets.
(2)
Permitted Uses
-
Duplexes
-
Minor home occupations
-
Parks, playgrounds and similar recreational uses
-
Public utilities
-
Semi-detached dwellings
-
Buildings and uses ancillary to permitted uses
(3)
Discretionary Uses
-
Bed and breakfast establishments
-
Day homes
-
Family care facilities
-
Institutional uses
-
Major home occupations
-
Neighbourhood commercial developments
-
Public parks
-
Public or quasi-public uses
-
Religious assemblies
-
Row housing
-
Suites, Garden
-
Suites, Garage
-
Suites, In-law
-
Suites, Secondary
-
Show homes
-
Buildings and uses ancillary to discretionary uses
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(4)
Requirements
(a)
Minimum Lot Area for Permitted Uses:
(i)
Serviced by both municipal sewer and water systems - 371.6
sq. m (4000 sq. ft. per unit).
(b)
Minimum Lot Width:
(i)
12 m (39.4 ft.) for lots serviced by both municipal water and
sewer systems.
(c)
The minimum lot area for discretionary uses shall be as required by
the Development Authority.
(d)
Development on existing substandard lots may be considered by the
Development Authority. Compliance with provincial plumbing,
drainage and health regulations will be required.
(e)
Minimum Floor Area for Residential Uses:
(i)
Semi-detached dwellings shall have a minimum floor area of 55
sq. m (592 sq. ft.) for each dwelling unit.
(f)
Minimum Yard Requirements:
(i)
Front yard - 7.5 m (24.6 ft.)
(ii)
Except as noted below, side yard - 1.5 m (4.92 ft.)
(iii)
Side yard abutting a road in the case of a corner lot - 3.0 m
(9.84 ft.)
(iv)
Rear yard - 7.5 m (24.6 ft.)
Notwithstanding these regulations, any requirements established
pursuant to the Alberta Safety Codes Act must be provided.
(g)
Maximum Coverage by All Development - 40%
(h)
Design, Character and Appearance of Buildings:
(i)
Buildings may be either of new construction or moved in.
Exterior finish to be wood, metal (or similar siding), brick or
stucco to the satisfaction of the Development Authority.
(ii)
All ancillary structures such as patios, porches, additions,
skirting and storage facilities shall be factory pre-fabricated
units, or of a quality equivalent thereto, so that the appearance,
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design and construction will complement the manufactured
home.
(i)
Other Requirements:
(i)
The Development Authority may specify, as a condition of the
approval of a development permit, the type of water supply
system and/or sewage disposal system to be provided to
service a proposed development. Water supply and sewage
disposal shall be provided in accordance with the appropriate
legislation.
(ii)
Every fence enclosing an outdoor swimming pool or hot tub
exceeding 0.9 m (3 ft.) in depth shall be at least 1.7 m (5.6 ft.) in
height and shall be designed so as to try to deter children from
climbing over or crawling through or under it to gain access.
Gates in the fence shall be the same height as the fence and
shall be equipped with a self-latching device located on the
inside of the fence.
(iii)
The maximum height of any building shall be 10 m (32.8 ft.).
(iv)
All applications for subdivision and development must comply
with any approved Area Structure Plan and/or Development
Concept Plan affecting the lands.
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9.8
R3 - RESIDENTIAL DISTRICT
(1)
General Purpose
To provide for high density residential development, including semi-detached
dwellings, row housing and apartments in established hamlets.
(2)
Permitted Uses
-
Apartments
-
Minor home occupations
-
Parks, playgrounds and similar recreational uses
-
Public utilities
-
Row housing
-
Buildings and uses ancillary to permitted uses
(3)
Discretionary Uses
-
Day homes
-
Duplexes
-
Family care facilities
-
Institutional uses
-
Major home occupations
-
Neighbourhood commercial developments
-
Public parks
-
Public or quasi-public uses
-
Religious assemblies
-
Semi-detached dwellings
-
Senior citizens' drop in centers
-
Show homes
-
Buildings and uses ancillary to discretionary uses
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(4)
Requirements
(a)
Minimum Lot Area for Permitted and Discretionary Uses
(i)
at the Discretion of the Development Authority
(b)
Minimum Lot Width
(i)
at the Discretion of the Development Authority
(c)
The maximum density for row housing shall be 37.5 dwelling units per
hectare (15 dwelling units per acre).
(d)
The maximum density for apartments shall be 120.0 dwelling units per
hectare (48.6 dwelling units per acre).
(e)
The minimum lot area for discretionary uses shall be as required by
the Development Authority.
(f)
Minimum Floor Area for Residential Uses:
(i)
Ground oriented multi-family housing shall have a minimum
floor area of 55 sq. m (592 sq. ft.) for each dwelling unit.
(g)
Minimum Yard Requirements:
(i)
Front yard - 7.5 m (24.6 ft.)
(ii)
Except as noted below, side yard - 1.5 m (4.92 ft.)
(iii)
Side yard abutting a road in the case of a corner lot - 3.0 m
(9.84 ft.)
(iv)
Rear yard - 7.5 m (24.6 ft.)
Notwithstanding these regulations, any requirements established
pursuant to the Alberta Safety Codes Act must be provided.
(h)
Maximum Coverage by All Development
(i)
at the Discretion of the Development Authority
(i)
Design, Character and Appearance of Buildings:
(i)
Buildings may be either of new construction or moved in.
Exterior finish to be wood, metal (or similar siding), brick or
stucco to the satisfaction of the Development Authority.
(ii)
All ancillary structures such as patios, porches, additions,
skirting and storage facilities shall be factory pre-fabricated
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units, or of a quality equivalent thereto, so that the appearance,
design and construction will complement the development.
(j)
Other Requirements:
(i)
The Development Authority may specify, as a condition of the
approval of a development permit, the type of water supply
system and/or sewage disposal system to be provided to
service a proposed development. Water supply and sewage
disposal shall be provided in accordance with the appropriate
legislation.
(ii)
Every fence enclosing an outdoor swimming pool or hot tub
exceeding 0.9 m (3 ft.) in depth shall be at least 1.7 m (5.6 ft.) in
height and shall be designed so as to try to deter children from
climbing over or crawling through or under it to gain access.
Gates in the fence shall be the same height as the fence and
shall be equipped with a self-latching device located on the
inside of the fence.
(iii)
The maximum height of any building shall be 10 m (32.8 ft.).
(iv)
All applications for subdivision and development must comply
with any approved Area Structure Plan and Development
Concept Plan affecting the lands.
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9.9
R4 - RESIDENTIAL DISTRICT
(1)
General Purpose
To provide for high rise apartment development in established hamlets.
(2)
Permitted Uses
-
Minor home occupations
-
Parks, playgrounds and similar recreational uses
-
Public utilities
-
Buildings and uses ancillary to permitted uses
(3)
Discretionary Uses
-
Apartments
-
Day care facilities
-
Day homes
-
Family care facilities
-
Neighbourhood commercial developments
-
Public parks
-
Public or quasi-public uses
-
Senior citizens' drop in centers
-
Show homes
-
Buildings and uses ancillary to discretionary uses
(4)
Requirements
(a)
Minimum Lot Area for Permitted and Discretionary Uses
(i)
at the Discretion of the Development Authority
(b)
Minimum Lot Width
(i)
at the Discretion of the Development Authority
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(c)
The maximum density for apartments shall be 150 dwelling units per
hectare (60 dwelling units per acre).
(d)
The minimum lot area for discretionary uses shall be as required by
the Development Authority.
(e)
Minimum Floor Area for Residential Uses:
(i)
Dwelling units in apartments shall have a minimum floor area of
37 sq. m (398 sq. ft.) plus an additional 7.5 sq. m (80.7 sq. ft.)
for each bedroom.
(f)
Minimum Yard Requirements:
(i)
Front yard - 18.3 m (60 ft.)
(ii)
Side yard for apartments - 18.3 m (60 ft.)
(iii)
Rear yard - 18.3 m (60 ft.)
Notwithstanding these regulations, any requirements established
pursuant to the Alberta Safety Codes Act must be provided.
(g)
Maximum Coverage by All Development
(i)
at the Discretion of the Development Authority
(h)
Design, Character and Appearance of Buildings:
(i)
Buildings may be either of new construction or moved in.
Exterior finish to be wood, metal (or similar siding), brick or
stucco to the satisfaction of the Development Authority.
(ii)
All ancillary structures such as patios, porches, additions,
skirting and storage facilities shall be factory pre-fabricated
units, or of a quality equivalent thereto, so that the appearance,
design and construction will complement the development.
(i)
Other Requirements:
(i)
The Development Authority may specify, as a condition of the
approval of a development permit, the type of water supply
system and/or sewage disposal system to be provided to
service a proposed development. Water supply and sewage
disposal shall be provided in accordance with the appropriate
legislation.
(ii)
Every fence enclosing an outdoor swimming pool or hot tub
exceeding 0.9 m (3 ft.) in depth shall be at least 1.7 m (5.6 ft.) in
height and shall be designed so as to try to deter children from
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climbing over or crawling through or under it to gain access.
Gates in the fence shall be the same height as the fence and
shall be equipped with a self-latching device located on the
inside of the fence.
(iii)
The maximum height of any building shall be determined on a
site specific basis and shall be at the discretion of the
development authority.
(iv)
All applications for subdivision and development must comply
with any approved Area Structure Plan and/or Development
Concept Plan affecting the lands.
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9.10 CR - COUNTRY RESIDENTIAL DISTRICT
(1)
General Purpose
To provide for large lot, un-serviced, residential development in established
hamlets.
(2)
Permitted Uses
-
Manufactured homes 10 years or less in age at the time of development
permit application
-
Modular homes
-
Minor home occupations
-
Parks, playgrounds and similar recreational uses
-
Public utilities
-
Single family dwellings
-
Buildings and uses ancillary to permitted uses
(3)
Discretionary Uses
-
Bed and breakfast establishments
-
Day homes
-
Family care facilities
-
Institutional uses
-
Major home occupations
-
Manufactured homes more than 10 years in age at the time of
development permit application
-
Public parks
-
Public or quasi-public uses
-
Religious assemblies
-
Suites, Garden
-
Suites, Garage
-
Suites, In-law
-
Suites, Secondary
-
Show homes
-
Buildings and uses ancillary to discretionary uses
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(4)
Requirements
(a)
Minimum Lot Area for Permitted Uses - 0.8 ha (2 ac.)
(b)
Minimum Lot Width - 60 m (196.8 ft.)
(c)
The minimum lot area for discretionary uses shall be as required by
the Development Authority.
(d)
Minimum Floor Area for Residential Uses:
(i)
Single family dwellings shall have a minimum floor area of 74.3
sq. m (800 sq. ft.) with a basement, or 111.5 sq. m (1200 sq. ft.)
without a basement.
(e)
Minimum Yard Requirements:
(i)
Front yard - 7.5 m (24.6 ft.)
(ii)
Side yard - 7.5 m (24.6 ft.)
(iii)
Rear yard - 7.5 m (24.6 ft.)
Notwithstanding these regulations, any requirements established
pursuant to the Alberta Safety Codes Act must be provided.
(f)
Maximum Coverage by All Development - 40%
(g)
Design, Character and Appearance of Buildings:
(i)
Buildings may be either of new construction or moved in.
Exterior finish to be wood, metal (or similar siding), brick or
stucco to the satisfaction of the Development Authority.
(h)
Other Requirements:
(i)
The Development Authority may specify, as a condition of the
approval of a development permit, the type of water supply
system and/or sewage disposal system to be provided to
service a proposed development. Water supply and sewage
disposal shall be provided in accordance with the appropriate
legislation.
(ii)
Every fence enclosing an outdoor swimming pool or hot tub
exceeding 0.9 m (3 ft.) in depth shall be at least 1.7 m (5.6 ft.) in
height and shall be designed so as to try to deter children from
climbing over or crawling through or under it to gain access.
Gates in the fence shall be the same height as the fence and
shall be equipped with a self-latching device located on the
inside of the fence.
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(iii)
The maximum height of any building shall be 10 m (32.8 ft.).
(iv)
All applications for subdivision and development must comply
with any approved Area Structure Plan and/or Development
Concept Plan affecting the lands.
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9.11 RSF - RESIDENTIAL SMALL FARM DISTRICT
(1)
General Purpose
To provide for large-lot, unserviced, single family residential development at
the edges of established hamlets where small-scale agricultural pursuits may
also take place.
(2)
Permitted Uses
-
Extensive agriculture
-
Manufactured homes 10 years or less in age at the time of development
permit application
-
Minor home occupations
-
Modular Homes
-
Parks, playgrounds and similar recreational uses
-
Public utilities
-
Single family dwellings
-
Buildings and uses ancillary to permitted uses
(3)
Discretionary Uses
-
Fur farms
-
Greenhouses
-
Intensive agriculture
-
Major home occupations
-
Manufactured homes more than 10 years in age at the time of
development permit application
-
Manure storage facilities
-
Public parks
-
Public or quasi-public uses
-
Suites, Garden
-
Suites, Garage
-
Suites, In-law
-
Suites, Secondary
-
Buildings and uses ancillary to discretionary uses
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(4)
Requirements
(a)
Minimum Lot Area for Permitted Uses - 2.0 ha (5 ac.)
(b)
Minimum Lot Width - 60 m (196.8 ft.)
(c)
The minimum lot area for discretionary uses shall be as required by
the Development Authority.
(d)
Minimum Floor Area for Residential Uses:
(i)
Single family dwellings shall have a minimum floor area of 74.3
sq. m (800 sq. ft.) with a basement, or 111.5 sq. m (1200 sq. ft.)
without a basement.
(e)
Minimum Yard Requirements:
(i)
Front yard - 7.5 m (24.6 ft.)
(ii)
Side yard - 7.5 m (24.6 ft.)
(iii)
Rear yard - 7.5 m (24.6 ft.)
Notwithstanding these regulations, any requirements established
pursuant to the Alberta Safety Codes Act must be provided.
(f)
Design, Character and Appearance of Buildings:
(i)
Buildings may be either of new construction or moved in.
Exterior finish to be wood, metal (or similar siding), brick or
stucco to the satisfaction of the Development Authority.
(g)
Other Requirements:
(i)
The Development Authority may specify, as a condition of the
approval of a development permit, the type of water supply
system and/or sewage disposal system to be provided to
service a proposed development. Water supply and sewage
disposal shall be provided in accordance with the appropriate
legislation.
(ii)
Every fence enclosing an outdoor swimming pool or hot tub
exceeding 0.9 m (3 ft.) in depth shall be at least 1.7 m (5.6 ft.) in
height and shall be designed so as to try to deter children from
climbing over or crawling through or under it to gain access.
Gates in the fence shall be the same height as the fence and
shall be equipped with a self-latching device located on the
inside of the fence.
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(iii)
The maximum height of any building shall be 10 m (32.8 ft.).
(iv)
All applications for subdivision and development must comply
with any approved Area Structure Plan and/or Development
Concept Plan affecting the lands.
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9.12 RR - RECREATION RESIDENTIAL DISTRICT
(1)
General Purpose
To allow the development of private, seasonal residences on sites capable of
accommodating this type of recreational activity.
(2)
Permitted Uses
-
Cabins
-
Cottages
-
Bed and breakfast establishments
-
Extensive recreation
-
Modular homes
-
Public parks
-
Public utilities
-
Single family dwellings
-
Buildings and uses ancillary to permitted uses
(3)
Discretionary Uses
-
Boathouses
-
Guest houses
-
Intensive recreation
-
Public or quasi-public buildings
-
Public or quasi-public uses
-
Recreational uses
-
Recreation vehicle parks
-
Resorts
-
Show homes
-
Suites, garden
-
Suites, garage
-
Suites, in-law
-
Suites, secondary
-
Tiny house
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-
Buildings and uses ancillary to permitted uses
(4)
Requirements
(a)
Minimum Lot Area
(i)
2000 sq. m (0.5 ac.) for a cottage
(ii)
0.4 ha (1 ac.) for other uses
(b)
Minimum Yards
(i)
Front - 7.5 m (24.6 ft.).
(ii)
Side - 3.0 m (9.8 ft.)
(iii)
Rear - 7.5 m (24.6 ft.)
(c)
Notwithstanding the minimum yard indicated in Subsection (b)
above, no part of any building or structure shall be located within
40 m (131.2 ft.) of the right-of-way of any road or highway.
(d)
The maximum height of any buildings shall be 10 m (32.8 ft.).
(e)
Design, Character and Appearance of Buildings
The architecture, construction materials and appearance of
buildings shall compliment other structures and the natural features
and character of the site.
(f)
Other Requirements
(i)
The Development Authority may specify, as a condition of a
development permit, the type of water supply system and/or
sewage disposal system to be provided to service a
proposed development.
(ii)
All applications for subdivision and development must
comply with any Area Structure Plan affecting the subject
lands.
(iii)
Refer to Section 8.5 for landscaping requirements which
may affect development in this District.
(iv)
Refer to Section 8.4.2 and Section 8.4.3 for waterbody and
watercourse provisions which may affect development in this
District.
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(v)
All applications for subdivision and development must
comply with any approved Area Structure Plan and
Development Concept Plan affecting the lands.
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9.13 RMH - MANUFACTURED HOME PARK DISTRICT
(1)
General Purpose
To provide for the development of manufactured home parks serviced by a
common water supply distribution system and sewage collection and disposal
system in the municipality.
(2)
Permitted Uses
-
Manufactured homes 10 years or less in age at the time of development
permit application
-
Minor home occupations
-
Parks, playgrounds and similar recreational uses
-
Public utilities
-
Buildings and uses ancillary to permitted uses
(3)
Discretionary Uses
-
Day homes
-
Major home occupations
-
Manufactured homes more than 10 years in age at the time of
development permit application
-
Manufactured home parks
-
Public or quasi-public uses
-
Show homes
-
Uses directly related to the convenience of the manufactured home park
residents or management
-
Buildings and uses ancillary to discretionary uses
(4)
Requirements
(a)
Minimum Stall Area - 465 sq. m (5005 sq. ft.)
(b)
Minimum Stall Width - 15.0 m (49.2 ft.)
(c)
Minimum lot area size for a manufactured home park - 2 ha (5 ac.)
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(d)
Maximum area coverage for manufactured home and ancillary
buildings on a stall - 40%
(e)
Maximum Density - 20 manufactured homes per ha (8 per ac.)
(f)
Minimum Yards for a Manufactured Home Park:
(i)
Front - 7.6 m (25 ft.)
(ii)
Side adjacent to a road - 7.6 m (25. ft.)
(iii)
All other yards - 3.0 m (9.8 ft.)
Notwithstanding these regulations, any requirements established
pursuant to the Alberta Safety Codes Act must be provided.
(g)
Setback
Requirements
for
Manufactured
Homes
within
a
Manufactured Home Stall:
(i)
Front setback from an internal roadway or parking area - 3.7 m
(12 ft.).
(ii)
Manufactured homes including attached structures shall be at
least 15.2 m (50 ft.) from any manufactured home, including any
attached structures or permanent park structures located
directly on the opposite side of a park street.
(iii)
Minimum Side Setback:
No manufactured home shall be located within 4.5 m (15 ft.) of
another and no portion of a manufactured home or ancillary
building shall be placed closer than 1.5 m (5 ft.) to a side line.
No manufactured homes shall be permitted within a block of
parcels designed or designated for zero lot line placement.
(iv)
Minimum rear setback - 2.3 m (7.5 ft.).
(5)
Manufactured Home Park Requirements
(a)
Storage:
(i)
Communal or individual storage areas for vehicles, recreation
vehicles, watercraft, and other items that cannot be stored on a
manufactured home stall shall be provided at a rate of at least
18.6 sq. m (220 sq. ft.) of storage area per manufactured home
stall.
(ii)
The Development Authority may require that a storage area be
enclosed or screened by trees, landscape features or fences or
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a combination thereof to the satisfaction of the Development
Authority.
(iii)
No vehicle greater than 9 m (30 ft.) in length may be parked on
a manufactured home stall or manufactured home park street.
(iv)
Not more than one recreation vehicle or trailer may be parked
on a manufactured home stall.
(b)
Visitors' Off-Street Parking:
In addition to the parking requirements articulated in this Bylaw, one
(1) parking stall for every five (5) manufactured home stalls shall be
provided in the manufactured home park, as common parking for
guests or as required by the Development Authority.
(c)
Open Space:
A minimum of 10% of the gross park area shall be set aside as
common open space recreation area and no portion of any
manufactured home stall shall be included in this open space.
(d)
Utilities:
All utility lines shall be placed underground or as stipulated in a
development agreement.
(e)
Appearance:
(i)
All ancillary structures such as patios, porches, additions,
skirting and storage facilities shall be factory pre-fabricated
units, or of a quality equivalent thereto, so that the appearance,
design and construction will complement the manufactured
home.
(ii)
The undercarriage of each manufactured home shall be
screened from view by skirting or such other means satisfactory
to the Development Authority.
(iii)
Outdoor lighting shall be of a design and appearance
satisfactory to the Development Authority.
(iv)
All areas of manufactured home park not developed or
occupied by park roads, walkways, driveways, parking aprons,
buildings, communal storage areas, or other developed facilities
shall be grassed and landscaped.
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(f)
Fences and Screening:
The manufactured home park shall be screened from view with a
vegetated buffer strip of a minimum of 9 m (30 ft.) and/or other
screening of a visually pleasing nature as required by the Development
Authority.
(g)
Buffer:
A landscaped buffer of not less than 10 m (33 ft.) or a width
satisfactory to the Development Authority shall be provided around the
perimeter of the manufactured home park.
(h)
Retroactivity:
No developed portion of any existing manufactured home park
developed prior to the enactment of this Bylaw will be subject to the
above provisions. However, if the park is redeveloped, it will have to
meet these standards. If the park is enlarged, only the addition will
have to meet these standards.
(i)
Other:
(i)
A
development permit shall not be issued for a
manufactured home park until the Development Authority
has received assurance from appropriate authorities
indicating that the proposed sewage disposal system has
been approved.
(ii)
Adequate on-site recreation areas such as playgrounds and
tot lots may be required if deemed appropriate.
(iii)
All roads in a manufactured home park shall be surfaced,
and well drained, and maintained to the satisfaction of the
Development Authority. Minimum driving surface width shall
be 7.3 m (24.0 ft.).
(iv)
All parks shall be provided with safe, convenient, all-season
pedestrian access of at least 1.0 m (3.25 ft.) width for
intended use between individual manufactured homes, the
park street and all community facilities provided for park
residents.
(v)
The design of manufactured home parks shall be to the
satisfaction of the Development Authority.
(vi)
All municipal utilities shall be provided underground to stalls
in a manufactured home park.
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(vii)
No part of the park shall be used for non-residential
purposes except such uses as are required for the direct
servicing and well-being of the park residents and for the
management and maintenance of the park.
(viii)
Manufactured home park facilities shall be arranged to
create a homelike atmosphere. This objective is achieved
by variations in street pattern, block shapes and location of
manufactured home stands.
(ix)
Each manufactured home stall shall be clearly marked off by
means of stakes, countersunk steel posts, fences, curbs or
hedges.
(x)
Only one main, free-standing, identification sign of
residential character and appearance shall be erected at the
entrance to a manufactured home park unless the
Development Authority is of the opinion that a further and
similar
sign
shall
be
allowed
under
exceptional
circumstances involving the layout, location and size of the
park in relation to the surrounding areas. The sign or signs
shall be of a size, type and construction acceptable to the
Development Authority.
(xi)
Directional signs within the manufactured home park must
be integrated in design and appearance, be kept in scale
with the immediate surroundings and constructed of durable
material.
(xii)
Notwithstanding any other provisions of this Bylaw to the
contrary, manufactured homes shall not be placed
"sideways" on a lot, with their longer dimension (length)
parallel or nearly parallel to the front line, unless the lot width
exceeds 45.0 m (147.6 ft.).
(xiii)
All applications for subdivision and development must
comply with any approved Area Structure Plan and
Development Concept Plan affecting the lands.
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9.14 RMH1 - MANUFACTURED HOME PARK SUBDIVISION DISTRICT
(1)
General Purpose
To allow for the development of manufactured home subdivisions, in which each
manufactured home is located on a separate lot.
(2)
Permitted Uses
-
Manufactured homes 10 years or less in age at the time of development
permit application
-
Minor home occupations
-
Parks, playgrounds and similar recreational uses
-
Public utilities
-
Buildings and uses ancillary to permitted uses
(3)
Discretionary Uses
-
Day homes
-
Major home occupations
-
Manufactured homes more than 10 years in age at the time of
development permit application
-
Manufactured home parks
-
Public or quasi-public uses
-
Show homes
-
Uses directly related to the convenience of the manufactured home park
residents or management
-
Buildings and uses ancillary to discretionary uses
(4)
Requirements
(a)
Minimum Lot Area -
(i)
For single wide manufactured homes - 370 sq. m (3983 sq. ft.)
(ii)
For double wide manufactured homes - 460 sq. m (4951 sq. ft.)
(iii)
Minimum Stall Area - 465 sq. m (5005 sq. ft.)
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(b)
Minimum Lot Width
(i)
For single wide manufactured homes - 12 m (39.4 ft.)
(ii)
For double wide manufactured homes - 15 m (49.2 ft.)
(iii)
Minimum Stall Width - 15.0 m (49.2 ft.)
(c)
Maximum area coverage for manufactured home and ancillary
buildings on a stall - 40%
(d)
Maximum Density - 25 manufactured homes per ha (10.1 per ac.)
(e)
Minimum Yards for a Manufactured Home:
(i)
Front - 7.6 m (25 ft.)
(ii)
Side adjacent to a road - 7.6 m (25. ft.)
(iii)
All other yards - 3.0 m (9.8 ft.)
Notwithstanding these regulations, any requirements established
pursuant to the Alberta Safety Codes Act must be provided.
(f)
Utilities:
All utility lines shall be placed underground or as stipulated in a
development agreement.
(g)
Appearance:
(i)
All ancillary structures such as patios, porches, additions,
skirting and storage facilities shall be factory pre-fabricated
units, or of a quality equivalent thereto, so that the appearance,
design and construction will complement the manufactured
home.
(ii)
The undercarriage of each manufactured home shall be
screened from view by skirting or such other means satisfactory
to the Development Authority.
(iii)
Outdoor lighting shall be of a design and appearance
satisfactory to the Development Authority.
(iv)
All manufactured homes shall be placed on a foundation or
base. The manufactured home shall be attached by means
of bolting or otherwise to the foundation, base or ground.
(v)
Notwithstanding any other provisions of this Bylaw to the
contrary, manufactured homes shall not be placed
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"sideways" on a lot, with their longer dimension (length)
parallel or nearly parallel to the front line, unless the lot
width exceeds 45.0 m (147.6 ft.).
(vi)
Notwithstanding any other provision of this Bylaw to the
contrary, where a manufactured home is to be on a lot
abutting any Residential District other than the RMH District
or the RMH1 District, that manufactured home shall be a
double-wide unit and not a single-wide unit.
(vii)
Notwithstanding any other provision of this Bylaw to the
contrary, the Development Authority may refuse an
application for a development permit to allow the placement
of a manufactured home if, in their opinion, the proposed
manufactured home will not :
1.
meet the Z-240 industry standards;
2.
be of a suitable quality, age, or condition, matching
the
quality,
age
or
condition
of
adjacent
manufactured homes; and
3.
meet
current
Building
and
Safety
Code
requirements.
(viii)
All applications for subdivision and development must
comply with any approved Area Structure Plan and
Development Concept Plan affecting the lands.
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9.15 C1 - COMMERCIAL DISTRICT
(1)
General Purpose
To provide for a wide variety of commercial uses within the downtown area of
established hamlets.
(2)
Permitted Uses
-
Bus depots
-
Business support services establishments
-
Eating and drinking establishments
-
General retail establishment
-
Government services
-
Health services
-
Hotels
-
Household repair services
-
Indoor amusement establishments
-
Libraries and cultural exhibits
-
Office uses
-
Personal service shops
-
Public or quasi-public buildings
-
Public or quasi-public uses
-
Public parks
-
Public utilities
-
Buildings and uses ancillary to permitted uses
(3)
Discretionary Uses
-
Automotive and equipment repair shops
-
Automotive and recreational vehicle sales/rentals establishments
-
Cannabis retail sales
-
Car washes
-
Day care facilities
-
Drive-in businesses
-
Entertainment establishments
-
Equipment rental establishments
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-
Institutional uses
-
Limited contractor services
-
Liquor stores
-
Marinas
-
Motels
-
Outdoor amusement establishments
-
Private clubs
-
Protective and emergency services
-
Recycling depots
-
Religious assemblies
-
Senior citizens' drop in centres
-
Service stations and Gas Bars
-
Surveillance suite (maximum of one per lot)
-
Vehicle repair establishments
-
Veterinary clinics
-
Other uses which are, in the opinion of the Development Authority,
similar to the above-listed permitted and discretionary uses
-
Buildings and uses ancillary to discretionary uses
(4)
Requirements
(a)
Minimum Lot Area for Permitted Uses:
(i)
Unserviced lot - 1860 sq. m (20,021 sq. ft.)
(ii)
Serviced with municipal water only - 1400 sq. m (15,069.5 sq.
ft.)
(iii)
Serviced by municipal sewage collection only - 930 sq. m
(10,010 sq. ft.)
(iv)
Serviced by both municipal sewer and water systems - 465 sq.
m (5,005 sq. ft.)
(b)
Minimum Lot Width for Permitted Uses:
(i)
30 m (98.4 ft.) for unserviced or partially serviced lots
(ii)
15 m (49.2 ft.) for lots serviced by both municipal water and
sewer systems.
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(c)
The minimum lot area for discretionary uses shall be as required by
the Development Authority.
(d)
Development on existing substandard lots may be considered by the
Development Authority. Compliance with provincial plumbing,
drainage and health regulations will be required.
(e)
Minimum Yard Requirements:
(i)
Front yard - 7.5 m (24.6 ft.)
(ii)
Except as noted below, side yard - 1.5 m (4.92 ft.)
(iii)
Side yard abutting a road in the case of a corner lot - 3.0 m
(9.84 ft.)
(iv)
Side yard for row housing - 3.0 m (9.84 ft.)
(vi)
Rear yard - 7.5 m (24.6 ft.)
(f)
Design, Character and Appearance of Buildings:
(i)
Buildings may be either of new construction or moved in.
Exterior finish to be wood, metal (or similar siding), brick or
stucco to the satisfaction of the Development Authority.
(ii)
All ancillary structures such as patios, porches, additions,
skirting and storage facilities shall be factory pre-fabricated
units, or of a quality equivalent thereto, so that the appearance,
design and construction will complement the building.
(g)
Other Requirements:
(i)
The Development Authority may specify, as a condition of the
approval of a development permit, the type of water supply
system and/or sewage disposal system to be provided to
service a proposed development. Water supply and sewage
disposal shall be provided in accordance with the appropriate
legislation.
(ii)
Every fence enclosing an outdoor swimming pool or hot tub
exceeding 0.9 m (3 ft.) in depth shall be at least 1.7 m (5.6 ft.) in
height and shall be designed so as to try to deter children from
climbing over or crawling through or under it to gain access.
Gates in the fence shall be the same height as the fence and
shall be equipped with a self-latching device located on the
inside of the fence.
(iii)
The maximum height of any building shall be 10 m (32.8 ft.).
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(iv)
All applications for subdivision and development must comply
with any approved Area Structure Plan and Development
Concept Plan affecting the lands..
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9.16 C2 - COMMERCIAL DISTRICT
(1)
General Purpose
To provide for commercial activities that require larger parcel of land to
facilitate parking and/or onsite storage of materials within the hamlet areas.
(2)
Permitted Uses
-
All uses listed as permitted in the C1 District
-
Public Utilities
-
Recreational uses
-
Buildings and uses ancillary to permitted uses
(3)
Discretionary Uses
-
All uses listed as discretionary in the C1 District
-
Auctioneering establishments
-
Bulk fuel storage and sales
-
Cannabis retail sales
-
Extensive recreation
-
General contractor services
-
Greenhouses
-
Heavy truck and equipment storage
-
Industrial vehicle and equipment sales/rentals establishments
-
Institutional uses
-
Intensive recreation
-
Public and quasi-public uses
-
Outdoor storage
-
Truck Washes
-
Recreational Vehicle Campground
-
Recreational Vehicle Campground, workcamp
-
Senior citizens' drop in centres
-
Veterinary Clinic - large animal
-
Warehouse sales establishments
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-
Other uses which are, in the opinion of the Development Authority,
similar to the above-listed permitted and discretionary uses
-
Buildings and uses ancillary to discretionary uses
(4)
Requirements
(a)
Minimum Lot Area for Permitted Uses:
(i)
Unserviced lot - 1860 sq. m (20,021 sq. ft.)
(ii)
Serviced with municipal water only - 1400 sq. m (15,069.5 sq.
ft.)
(iii)
Serviced by municipal sewage collection only - 930 sq. m
(10,010 sq. ft.)
(iv)
Serviced by both municipal sewer and water systems - 465 sq.
m (5,005 sq. ft.)
(b)
Minimum Lot Width:
(i)
30 m (98.4 ft.) for unserviced or partially serviced lots
(ii)
15 m (49.2 ft.) for lots serviced by both municipal water and
sewer systems.
(c)
The minimum lot area for discretionary uses shall be as required by
the Development Authority.
(d)
Minimum Yard Requirements for Permitted Uses:
(i)
Front yard - 7.5 m (24.6 ft.)
(ii)
Except as noted below, side yard - 1.5 m (4.92 ft.)
(iii)
Side yard abutting a road in the case of a corner lot - 3.0 m
(9.84 ft.)
(iv)
Rear yard - 7.5 m (24.6 ft.)
(e)
Minimum Yard Requirements for Discretionary Uses:
(i)
General retail stores adjacent to other commercial uses, at the
discretion of the Development Authority, may have no front or
side yard, provided that the proposed use has direct access
onto a developed lane.
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(ii)
Commercial uses without direct access onto a developed lane
shall have one side yard of a minimum of 4.5 m (14.8 ft.)
(iii)
All other yard requirements shall be as determined by the
Development Authority
(f)
Other Requirements:
(i)
The Development Authority may specify, as a condition of the
approval of a development permit, the type of water supply
system and/or sewage disposal system to be provided to
service a proposed development. Water supply and sewage
disposal shall be provided in accordance with the appropriate
legislation.
(ii)
The maximum height of any building shall be 10 m (32.8 ft.).
(iii)
All applications for subdivision and development must comply
with any approved Area Structure Plan and Development
Concept Plan affecting the lands.
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9.17 C3 - COMMERCIAL DISTRICT
(1)
General Purpose
To provide for a wide variety of commercial uses and limited secondary
residential uses within established hamlets.
(2)
Permitted Uses
-
Business support services establishments
-
Commercial uses
-
Eating and drinking establishments
-
Extensive recreation
-
Family care facilities
-
General retail establishment
-
Government services
-
Household repair services
-
Office uses
-
Personal service shops
-
Public or quasi-public buildings
-
Public or quasi-public uses
-
Public utility buildings
-
Vehicle repair establishments
-
Minor home occupations
-
Parks, playgrounds and similar recreational uses
-
Public utilities
-
Buildings and uses ancillary to permitted uses
(3)
Discretionary Uses
-
Bed and breakfast establishments
-
Cannabis retail sales
-
Day care facilities
-
Day homes
-
Garage Suites
-
Intensive recreation
-
Liquor stores
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-
Major home occupations
-
Public and quasi-public uses
-
Recreational vehicle campground
-
Recreational vehicle campground, workcamp (maximum of 6 stalls)
-
Secondary residential uses
-
Suites, garage
-
Suites, garden
-
Suites, in-law
-
Suites, secondary
-
Service stations and gas bars
-
Surveillance suite (maximum of one per lot)
-
Truck Washes
-
Other uses which are, in the opinion of the Development Authority,
similar to the above-listed permitted and discretionary uses
-
Buildings and uses ancillary to discretionary uses
(4)
Requirements
(a)
Minimum Lot Area for Permitted Uses:
(i)
Unserviced lot - 1860 sq. m (20,021 sq. ft.)
(ii)
Serviced with municipal water only - 1400 sq. m (15,069.5 sq.
ft.)
(iii)
Serviced by municipal sewage collection only - 930 sq. m
(10,010 sq. ft.)
(iv)
Serviced by both municipal sewer and water systems - 465 sq.
m (5,005 sq. ft.)
(b)
Minimum Lot Width:
(i)
30 m (98.4 ft.) for unserviced or partially serviced lots
(ii)
15 m (49.2 ft.) for lots serviced by both municipal water and
sewer systems.
(c)
The minimum lot area for discretionary uses shall be as required by
the Development Authority.
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(d)
Development on existing substandard lots may be considered by the
Development Authority. Compliance with provincial plumbing,
drainage and health regulations will be required.
(e)
Minimum Floor Area for Residential Uses:
(i)
one storey single family dwellings shall have a minimum floor
area of 45 sq. m (484 sq. ft.) with a basement, or 55 sq. m (592
sq. ft.) without a basement.
(ii)
Two storey or split level single family dwellings shall have a
minimum floor area of 45 sq. m (484 sq. ft.) with a basement, or
55 sq. m (592 sq. ft.) without a basement.
(iii)
Manufactured and modular homes shall have a minimum floor
area of 55 sq. m (592 sq. ft.).
(iv)
Semi-detached dwellings or row housing shall have a minimum
floor area of 55 sq. m (592 sq. ft.) for each dwelling unit.
(v)
Dwelling units in apartments shall have a minimum floor area of
37 sq. m (398 sq. ft.) plus an additional 7.5 sq. m (80.7 sq. ft.)
for each bedroom.
(f)
Minimum Yard Requirements for Permitted Uses:
(i)
Front yard - 7.5 m (24.6 ft.)
(ii)
Except as noted below, side yard - 1.5 m (4.92 ft.)
(iii)
Side yard abutting a road in the case of a corner lot - 3.0 m
(9.84 ft.)
(iv)
Side yard for row housing - 3.0 m (9.84 ft.)
(v)
Side yard for apartments - 4.5 m (14.8 ft.)
(vi)
Rear yard - 7.5 m (24.6 ft.)
(g)
Minimum Yard Requirements:
(i)
General retail stores adjacent to other commercial uses, at the
discretion of the Development Authority, may have no front or
side yard, provided that the proposed use has direct access
onto a developed lane.
(ii)
Commercial uses without direct access onto a developed lane
shall have one side yard of a minimum of 4.5 m (14.8 ft.)
(iii)
All other yard requirements shall be as determined by the
Development Authority
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(h)
Design, Character and Appearance of Buildings:
(i)
Buildings may be either of new construction or moved in.
Exterior finish to be wood, metal (or similar siding), brick or
stucco to the satisfaction of the Development Authority.
(ii)
All manufactured homes shall be factory built or of a quality
equivalent thereto with walls of pre-finished baked enamel
aluminum siding or equivalent, as required by the Development
Authority. Solid footings and a concrete or wood block
foundation, wall or skirting shall be provided so that the
appearance,
design
and
construction
compliment
the
manufactured home. The undercarriage of a manufactured
home shall be screened from view to the satisfaction of the
Development Authority. Manufactured homes shall not be
placed "sideways" on a lot, with their longer dimension (length)
parallel or nearly parallel to the front line, unless the lot width
exceeds 45.0 m (147.6 ft.).
(iii)
All ancillary structures such as patios, porches, additions,
skirting and storage facilities shall be factory pre-fabricated
units, or of a quality equivalent thereto, so that the appearance,
design and construction will complement the manufactured
home.
(i)
Other Requirements:
(i)
The Development Authority may specify, as a condition of the
approval of a development permit, the type of water supply
system and/or sewage disposal system to be provided to
service a proposed development. Water supply and sewage
disposal shall be provided in accordance with the appropriate
legislation.
(ii)
Every fence enclosing an outdoor swimming pool or hot tub
exceeding 0.9 m (3 ft.) in depth shall be at least 1.7 m (5.6 ft.) in
height and shall be designed so as to try to deter children from
climbing over or crawling through or under it to gain access.
Gates in the fence shall be the same height as the fence and
shall be equipped with a self-latching device located on the
inside of the fence.
(iii)
The maximum height of any building shall be 10 m (32.8 ft.).
(iv)
All applications for subdivision and development must comply
with any approved Area Structure Plan and Development
Concept Plan affecting the lands.
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9.18 CH - HIGHWAY COMMERCIAL DISTRICT
(1)
General Purpose
To provide for commercial development in hamlet areas that is intended to
serve the travelling public.
(2)
Permitted Uses
-
Bus depots
-
Business support services establishments
-
Eating and drinking establishments
-
General retail establishments
-
Government services
-
Health services
-
Hotels
-
Motels
-
Household repair services
-
Indoor amusement establishments
-
Libraries and cultural exhibits
-
Office uses
-
Personal service shops
-
Public utilities
-
Recreational uses
-
Buildings and uses ancillary to permitted uses
(3)
Discretionary Uses
-
Auctioneering establishments
-
Automotive and equipment repair shops
-
Automotive and recreational vehicle sales/rentals establishments
-
Bulk fuel storage and sales
-
Cannabis retail sales
-
Day care facilities
-
Drive-in businesses
-
Entertainment establishments
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-
Equipment rental establishments
-
Extensive recreation
-
General contractor services
-
Greenhouses
-
Heavy truck and equipment storage
-
Industrial vehicle and equipment sales/rentals establishments
-
Institutional uses
-
Intensive recreation
-
Light industrial uses
-
Limited contractor services
-
Liquor stores
-
Marinas
-
Motels
-
Outdoor amusement establishments
-
Outdoor storage
-
Private clubs
-
Protective and emergency services
-
Public or quasi-public buildings
-
Public or quasi-public uses
-
Public parks
-
Recreational vehicle campground
-
Recreational Vehicle Campground, workcamp (maximum of 6 stalls)
-
Recreational vehicle storage
-
Recycling depots
-
Religious assemblies
-
Senior citizens' drop in centres
-
Service stations
-
Surveillance suite (maximum of one per lot)
-
Trucking and cartage establishments
-
Vehicle repair establishments
-
Veterinary clinics
-
Warehouse sales establishments
-
Other uses which are, in the opinion of the Development Authority,
similar to the above-listed permitted and discretionary uses
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-
Buildings and uses ancillary to discretionary uses
(4)
Requirements
(a)
Minimum Lot Area - as required by the Development Authority to
provide sufficient space for the facility proposed and private servicing
on-site.
(b)
Minimum Yards:
(i)
Front - 7.5 m (24.6 ft.) where a service road right-of-way exists.
Where a service road right-of-way does not exist, 38.0 m (125
ft.) from the road right-of-way, or as required by the
Development Authority.
(ii)
Side - 4.5 m (14.8 ft.), or as required by the Development
Authority.
(iii)
Rear - 4.5 m (14.8 ft.), or as required by the Development
Authority.
(c)
Minimum Setback from Water Bodies - 22.8 m (75 ft.), or as required
by the Development Authority, from the top of the bank of the
waterbody
(d)
Special Provisions:
(i)
All parking must be provided on the lot.
(ii)
Access and egress shall normally be provided by way of service
road, or to the satisfaction of the Development Authority in
consultation with Alberta Transportation, such that highway
safety is not impaired when the subject site is in proximity to a
highway.
(iii)
Minimum lot area shall be determined by the capability to
provide private on-site servicing, required parking area,
applicable setback, and such areas of landscaping or screening
as determined necessary by the Development Authority.
(iv)
In evaluating proposals for development in this District,
provision of private servicing shall be a primary consideration.
(v)
In evaluating proposals for development in this District, a
primary consideration shall be the potential negative effects of
the proposed development on any nearby residential uses.
(vi)
All applications for subdivision and development must comply
with any approved Area Structure Plan and Development
Concept Plan affecting the lands.
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9.19 CL - COMMUNITY LEASE DISTRICT
(1)
General Purpose
To provide for a wide variety of uses within the community lease areas of
Trout Lake, Peerless Lake, and Chipewyan Lake.
(2)
Permitted Uses
-
All uses
(3)
Requirements
All development shall be at the discretion of Alberta Public Lands and the
Community Associations.
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9.20 M1 -INDUSTRIAL DISTRICT
(1)
General Purpose
To provide for light industrial activities in hamlet areas.
(2)
Permitted Uses
-
General retail stores
-
Light industrial uses
-
Limited contractor services
-
Office uses
-
Personal service shops
-
Protective and emergency services
-
Public or quasi-public buildings
-
Public or quasi-public uses
-
Public Utilities
-
Truck Washes
-
Buildings and uses ancillary to permitted uses
(3)
Discretionary Uses
-
Agricultural industries
-
Automotive and equipment repair shops
-
Bulk fuel storage and sales
-
Cannabis production and distribution facility
-
Drive-in businesses, but not including drive-in restaurants
-
Equipment rental establishments
-
General contractor services
-
Heavy industrial uses
-
Heavy truck and equipment storage
-
Industrial vehicle and equipment sales/rentals establishments
-
Manufactured Homes located on existing parcels as of the date of this
bylaw
-
Modular homes located on existing parcels as of the date of this bylaw
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-
Oilfield and gas field servicing
-
Oilfield waste processing and disposal services
-
Outdoor storage
-
Recreational Vehicle Campground, workcamp (maximum of 6 stalls)
-
Salvage yards and/or auto wreckers
-
Sewage lagoons and other sewage treatment facilities
-
Single family dwellings located on existing parcels as of the date of this
bylaw
-
Surveillance suite (maximum of one per lot)
-
Vehicle repair establishments
-
Workcamps,
-
Workcamps, short term
-
Other uses which are, in the opinion of the Development Authority,
similar to the above-listed permitted and discretionary uses
-
Buildings and uses ancillary to discretionary uses
(4)
Requirements
(a)
Minimum Lot Area - 2.0 ha (5 ac.).
Lot areas less than this minimum may be allowed provided that
necessary private on-site servicing, parking, loading, and other
facilities can be accommodated.
(b)
Minimum Yards:
(i)
Front - 9.0 m (29.5 ft.), or as required by the Development
Authority.
(ii)
Side - 4.5 m (14.8 ft.), or as required by the Development
Authority.
(iii)
Rear - 7.5 m (24.6 ft.), or as required by the Development
Authority.
(c)
All applications for subdivision and development must comply with any
approved Area Structure Plan and Development Concept Plan
affecting the lands.
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9.21 M2 - INDUSTRIAL DISTRICT
(1)
General Purpose
To provide for medium and heavy industrial uses outside of the hamlet areas.
(2)
Permitted Uses
-
Light industrial uses
-
Limited contractor services
-
Office uses
-
Protective and emergency services
-
Public or quasi-public buildings
-
Public or quasi-public uses
-
Public Utilities
-
Truck washes
-
Buildings and uses ancillary to permitted uses
(3)
Discretionary Uses
-
Bulk fuel storage and sales
-
Equipment/vehicle rentals
-
Heavy industries
-
Heavy truck and equipment storage
-
Medium industrial uses
-
Natural resource extraction industries
-
Oilfield and gas field servicing
-
Oilfield waste processing and disposal services
-
Pipe and equipment storage yards
-
Recreational vehicle campgrounds
-
Recreational vehicle campgrounds, workcamp
-
Salvage yards and/or auto wreckers
-
Sewage lagoons and other sewage treatment facilities
-
Surveillance suite (maximum of one per lot)
-
Vehicle repair establishments
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-
Workcamps
-
Workcamps, short term
-
Other uses which are, in the opinion of the Development Authority,
similar to the above-listed permitted and discretionary uses
-
Buildings and uses ancillary to discretionary uses
(4)
Requirements
(a)
Minimum Lot Area - 2.0 ha (5 ac).
Lot areas less than this minimum may be allowed provided that
necessary private on-site servicing, parking, loading, and other
facilities can be accommodated.
(b)
Minimum Yards:
(i)
Front - 9.0 m (29.5 ft.), or as required by the Development
Authority.
(ii)
Side - 4.5 m (14.8 ft.), or as required by the Development
Authority.
(iii)
Rear - 7.5 m (24.6 ft.), or as required by the Development
Authority.
(c)
Workcamps
No workcamp shall be approved for a time period exceeding fifteen
(15) months.
(d)
All applications for subdivision and development must comply with any
approved Area Structure Plan and Development Concept Plan
affecting the lands.
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9.22 M3 - AIRPORT INDUSTRIAL DISTRICT
(1)
General Purpose
To provide for appropriate development within the areas of airports.
(2)
Permitted Uses
-
Airports
-
Light industrial uses
-
Limited contractor services
-
Office uses
-
Protective and emergency services
-
Public or quasi-public buildings
-
Public or quasi-public uses
-
Public Utilities
-
Buildings and uses ancillary to permitted uses
(3)
Discretionary Uses
-
Bulk fuel storage and sales
-
Eating and drinking establishments
-
General contractor services
-
General retail stores
-
Outdoor storage
-
Recreational vehicle campground, workcamp
-
Workcamps,
-
Workcamps, short term
-
Other uses which are, in the opinion of the Development Authority,
similar to the above-listed permitted and discretionary uses
-
Buildings and uses ancillary to discretionary uses
(4)
Requirements
(a)
Minimum Lot Area - 1.0 ha (2.5 ac.).
Lot areas less than this minimum may be allowed provided that
necessary private on-site servicing, parking, loading, and other
facilities can be accommodated.
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(b)
Minimum Yards:
(i)
Front - 9.0 m (29.5 ft.), or as required by the Development
Authority.
(ii)
Side - 4.5 m (14.8 ft.), or as required by the Development
Authority.
(iii)
Rear - 7.5 m (24.6 ft.), or as required by the Development
Authority.
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9.23 UR - URBAN RESERVE DISTRICT
(1)
General Purpose
To reserve lands for future community growth and development.
(2)
Permitted Uses
-
Extensive agriculture
-
Buildings and uses ancillary to permitted uses
-
Public or quasi-public buildings
-
Public or quasi-public uses
-
Public utilities
(3)
Discretionary Uses
-
Extensive recreation
-
Intensive agriculture, but not including kennels
-
Parks and playgrounds
-
Any temporary use or building which, in the opinion of the Development
Authority, will not prejudice the possibility of conveniently and
economically re-subdividing or developing the area in the future at urban
densities.
-
Other uses which are, in the opinion of the Development Authority,
similar to the above-listed permitted and discretionary uses
-
Buildings and uses ancillary to discretionary uses
(4)
Requirements
(a)
The minimum parcel area shall be 8 ha (20 ac.), or as required by the
Development Authority.
(b)
Minimum Yard Requirements:
(i)
Front yard - 7.5 m (24.6 ft.)
(ii)
Side yard - 7.5 m (24.6 ft.)
(iii)
Rear yard - 7.5 m (24.6 ft.)
(c)
The maximum height of any building or structure shall be 10 m (32.8
ft.).
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(d)
Other Requirements:
(i)
The Development Authority may specify, as a condition of a
development permit, the type of water supply system and/or
sewage disposal system to be provided to service a proposed
development. Water supply and sewage disposal shall be
provided
in
accordance
with
Provincial legislation and
regulations.
(ii)
No subdivision or non-temporary development shall take place
until an Area Structure Plan or an Outline Plan affecting the
subject lands has been prepared and approved by the Council.
Such a Plan should determine an appropriate pattern for future
land uses, public reserve dedication and utility servicing.
(iii)
Extensive Agricultural uses shall not be offensive in nature, and
shall not include the breeding and raising of livestock of any
kind.
(iv)
Any permit issued at the discretion of the Development
Authority for a temporary use shall be for the period of up to a
year only, or for a specified length of time to ensure that the use
does not adversely affect future subdivision, servicing and
urban development of such lands. Applications to extend the
temporary use for a period of a year may be considered at the
discretion of the Development Authority.
(v)
All applications for subdivision and development must comply
with any approved Area Structure Plan and Development
Concept Plan affecting the lands.
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9.24 P - CONSERVATION DISTRICT
(1)
General Purpose
To control land development near water bodies where, because of
topography, the land may be subject to flooding or severe drainage problems.
(2)
Permitted Uses
-
Extensive recreation
-
Natural areas
-
Public parks
-
Buildings and uses ancillary to permitted uses
(3)
Discretionary Uses
-
Intensive agriculture, but not including kennels
-
Public or quasi-public buildings
-
Public or quasi-public uses
-
Public utilities
-
Other uses which are, in the opinion of the Development Authority,
similar to the above-listed permitted and discretionary uses
-
Buildings and uses ancillary to discretionary uses
(4)
Requirements
(a)
The minimum parcel area shall be as required by the Development
Authority.
(b)
The minimum yards shall be as required by the Development
Authority.
(c)
Other Requirements:
(i)
The Development Authority may specify, as a condition of a
development permit, the type of water supply system and/or
sewage disposal system to be provided to service a proposed
development. Water supply and sewage disposal shall be
provided
in
accordance
with
Provincial legislation and
regulations.
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(ii)
The Development Authority may, at its discretion, issue a
development permit to allow a temporary extensive recreational
use. Applications to extend the temporary use for a period of a
year may be considered at the discretion of the Development
Authority. The Development Authority will ensure that any time
limitations assigned to the temporary use occur in accordance
with the conditions of the development permit.
(iii)
The Development Authority may, as a condition of a
development permit, require certification that a proposed
development complies with the Canada Mortgage and Housing
Corporation flood risk guidelines.
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9.25 I - INSTITUTIONAL/RECREATIONAL DISTRICT
(1)
General Purpose
To control the development of public and quasi-public buildings and uses,
including recreational facilities within hamlets.
(2)
Permitted Uses
-
Day care facilities
-
Government services
-
Health services
-
Institutional uses
-
Libraries and cultural exhibits
-
Office uses
-
Protective and emergency services
-
Public education facilities
-
Public or quasi-public buildings
-
Public or quasi-public uses
-
Public parks
-
Public Utilities
-
Recreational uses
-
Buildings and uses ancillary to permitted uses
(3)
Discretionary Uses
-
Intensive recreation
-
Seniors housing developments
-
Other uses which are, in the opinion of the Development Authority,
similar to the above-listed permitted and discretionary uses
-
Buildings and uses ancillary to discretionary uses
(4)
Requirements
(a)
All seniors housing developments shall be developed in accordance
with the requirements of Section 8.34 of Part 8 of this Bylaw.
(b)
All other development shall be developed in accordance with
requirements as determined by the Development Authority.
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9.26 DC - DIRECT CONTROL DISTRICT
(1)
General Purpose
To provide substantial control over land use and development within parts of
the Municipal District to the Council, where the Council wishes to exercise
such control in order to implement its policies respecting community
development.
(2)
Discretionary Uses
(a)
Apartments
(b)
Cannabis retail sales
(c)
Commercial uses
(d)
Institutional Uses
(e)
Public or quasi-public buildings
(f)
Public or quasi-public uses
(g)
Public utilities
(h)
Public utility buildings
(i)
Recreational uses
(j)
Row housing
(k)
Other uses which are, in the opinion of the Council acting as
Development Authority, similar to the above-listed permitted and
discretionary uses
(l)
Buildings and uses ancillary to permitted uses
(3)
Requirements
All development requirements, including minimum yards, maximum density,
height,
and
coverage,
landscaping,
parking,
loading,
and
building
requirements, shall be at the discretion of the Council, acting as Development
Authority.
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PART 10 - SPECIAL AIRPORT HEIGHT REGULATIONS
10.1 DEFINITIONS
(1)
In this Part of the Bylaw,
(a)
"airport" means the Red Earth Airport with the protection area
(b)
"airport runway" means the area of land within the airport that is
used or intended to be used for the take-off and landing of aircraft;
(c)
"airport zoning reference point elevation" means the airport zoning
reference point elevation of the runway as described in
Subschedule 2;
(d)
"basic strip" means a basic strip as described in Subschedule 2;
(e)
"outer surface" means the outer surface as described in
Subschedule 2;
(f)
"protection area" means the Red Earth Airport Vicinity Protection
Area as shown in Subschedule 1;
(g)
"take-off/approach surface" means the take-off and approach
surface as described in Subschedule 2;
(h)
"transitional surface" means a transitional surface as described in
Subschedule 2.
10.2 GENERAL PROVISIONS
(1)
This Part of the Bylaw only applies to a development wholly or partly
within the boundary of the protection area as show on the map in
Subschedule 1.
(2)
This Part does not apply to:
(a)
a development in respect of which a development permit
application was submitted before the date on which this Bylaw
comes into force, or
(b)
a development exempted from requiring a development permit
before the date on which this Bylaw comes into force.
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(3)
All developments within the protection area require a development permit.
(4)
The Development Authority and the Subdivision and Development Appeal
Board are not precluded by this Part from attaching any other conditions
to a development permit, in accordance with this Land Use Bylaw.
(5)
The Development Authority may issue a development permit for a
development only if the development conforms with this Part and the Land
Use Bylaw.
10.3 ESTABLISHMENT OF PROTECTION AREA
The area shown on Subschedule 1 is established as the Red Earth Airport
Vicinity Protection Area.
10.4 HEIGHT LIMITATIONS
(1)
The Development Authority may issue a development permit for a
development in the protection area only if no point of the development will
exceed the height of any of the following surfaces:
(a)
the take-off/approach surface;
(b)
the transitional surfaces.
(2)
For the purposes of this Section,
(a)
if the development is a railway, the highest point of the
development shall be deemed to be 6.0 m (19.7 ft.) higher than the
actual height of the rails, and
(b)
if the development is a highway or road, the highest point shall be
deemed to be 4.5 m (14.76 ft.) higher than the actual height of the
part of the highway or road on which vehicles travel.
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SUBSCHEDULE 1 - RED EARTH AIRPORT VICINITY
PROTECTION AREA
The Red Earth Airport Vicinity Protection Area consists of the land described as follows:
(1)
In Township 87, Range 8, West of the 5th Meridian:
Southwest quarter of Section 7
North half of Section 7
Southwest quarter of Section 8
Section 18
Southwest quarter of Section 19
(2)
In Township 87, Range 9, West of the 5th Meridian:
Southeast quarter of Section 13
North half of Section 13
Section 24
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SUBSCHEDULE 1
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SUBSCHEDULE 2 - HEIGHT LIMITATIONS
1.
Basic Strip
The basic strip is a rectangular area measured 60 m (197.0 ft.) out from each
end of the runway, 30 m (98.5 ft.) on either side of the centre line of the runway
and with a total length of 1200 m (3937 ft.).
2.
Take-off/Approach Surfaces
There are take-off/approach surfaces abutting and extending out from each end
of the basic strip and in each case the surface is an imaginary surface consisting
of an inclined plane:
(a)
the commencement of which coincides with the end of the basic strip,
(b)
that rises at a slope ratio of 1:25 measured from the end of the basic strip,
(c)
that diverges outward on each side as it rises, at a rate of ten percent
(10%) measured from the respective projected sides of the basic strip,
and
(d)
that ends at its intersection with the outer surface.
3.
Transitional Surfaces
There is a transitional surface associated with each lateral limit of the basic strip,
and in each case the transitional surface is an imaginary surface consisting of an
inclined plane that:
(a)
commences at and abuts the lateral limit of the basic strip,
(b)
rises at a slope of twenty percent (20%) measured from the lateral limit of
the basic strip, and
(c)
ends at its intersection with the outer surface or a take-off/approach
surface.
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4.
Outer Surface
The outer surface of the protection area is an imaginary common plane
established at a constant elevation of 45 m (147.5 ft.) above the airport reference
point elevation and extending to the outer limits of the protection area.
5.
Airport Reference Elevation
The airport reference point elevation is deemed to be 538.5 m (1766.7 ft.) above
sea level.
6.
General
The area location of the take-off/approach surfaces and transitional surfaces are
represented on the map shown in Subschedule 1, but if any discrepancy exists
between the description of the take-off/approach surfaces in this Subschedule
and their location on the map in Subschedule 1, the description in this
Subschedule prevails.
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PART 11 LAND USE DISTRICT MAPS
11.1 MAP 1: LAND USE DISTRICT MAP
11.2 INSET MAPS
11.2.1
A-1: Hamlet of Calling Lake
11.2.2
A-2: Chipewyan Lake
11.2.3
A-3: Peerless Lake
11.2.4
A-4: Hamlet of Red Earth Creek
11.2.5
A-5: Hamlet of Sandy Lake
11.2.6
A-6: Trout Lake
11.2.7
A-7: Hamlet of Wabasca
11.2.8
A-8: Wabasca Downtown Development Concept
11.2.9
A-9: Hamlet Wabasca (North)
11.2.10
A-10: Hamlet of Wabasca (South)
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