MD of Smoky River Land Use Bylaw No. 865 (consolidated)
Municipal District of Smoky River No. 130, Alberta
· No. 865
· adopted 2014-06-11
· summary & facts
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LAND USE BYLAW NO. 865
Municipal District of Smoky River No. 130
Adopted on June 11, 2014
Consolidated February 14, 2024
Prepared by the Municipal District of Smoky River No. 130
The original bylaw was prepared with the support of Mackenzie Municipal
Services Agency in 2014 and future amendment have been completed with the
support of others.
MUNICIPAL DISTRICT OF SMOKY RIVER NO. 130
LAND USE BYLAW No. 865
Adoption Date: June 11, 2014
Consolidation Date: November 26, 2024
Municipal District of Smoky River No. 130
Page i
Land Use Bylaw No. 865
TABLE OF CONTENTS
MUNICIPAL DISTRICT OF SMOKY RIVER NO. 130 .................................................. i
LAND USE BYLAW No. 865 ............................................................................................. i
Adoption Date: June 11, 2014 ..................................................................................... i
SECTION ONE - GENERAL .............................................................................................. 1
1.1
TITLE ........................................................................................................................................................... 1
1.2
REPEAL OF PREVIOUS LAND USE BYLAW .................................................................................................... 1
1.3
PURPOSE .................................................................................................................................................... 1
1.4
APPLICATION OF BYLAW ............................................................................................................................ 1
1.5
CONFORMITY WITH BYLAW ....................................................................................................................... 1
1.6
EFFECTIVE DATE ......................................................................................................................................... 1
1.7
APPLICATIONS IN PROGRESS ...................................................................................................................... 1
1.8
SEVERABILITY ............................................................................................................................................. 1
1.9
COMPLIANCE WITH OTHER LEGISLATION................................................................................................... 2
1.10
GENERAL INTERPRETATION ........................................................................................................................ 2
1.11
RULES OF INTERPRETATION ....................................................................................................................... 2
SECTION TWO - DEFINITIONS ..................................................................................... 4
SECTION THREE - ADMINISTRATIVE AGENCIES ................................................ 26
3.1
DEVELOPMENT AUTHORITY ..................................................................................................................... 26
3.2
SUBDIVISION AUTHORITY ......................................................................................................................... 26
3.3
DEVELOPMENT OFFICER - DELETED ............................................................................................................ 26
3.4
DUTIES AND POWERS OF DEVELOPMENT OFFICER .................................................................................. 26
3.5
VARIANCE POWERS .................................................................................................................................. 27
3.6
FORMS AND NOTICES - DELETED ................................................................................................................ 28
3.7
INTER-MUNICIPAL PLANNING AND DEVELOPMENT - DELETED ................................................................. 28
SECTION FOUR - DEVELOPMENT PERMITS ......................................................... 29
4.1
DEVELOPMENTS FOR WHICH DEVELOPMENT PERMITS ARE REQUIRED .................................................. 29
4.2
DEVELOPMENTS FOR WHICH DEVELOPMENT PERMITS ARE NOT REQUIRED .......................................... 29
4.3
NON-CONFORMING USES ........................................................................................................................ 30
4.4
APPLICATIONS FOR DEVELOPMENT PERMITS .......................................................................................... 30
4.5
DECISIONS ON DEVELOPMENT PERMIT APPLICATIONS ........................................................................... 35
4.6
CONDITIONS OF A DEVELOPMENT PERMIT .............................................................................................. 36
4.7
LETTERS OF COMPLIANCE ........................................................................................................................ 38
4.8
PAYMENT OF TAXES ................................................................................................................................. 38
4.9
TIME LIMITS .............................................................................................................................................. 38
4.10
RE-APPLICATION FOR A DEVELOPMENT PERMIT ...................................................................................... 39
4.11
PUBLIC NOTIFICATION .............................................................................................................................. 40
4.12
CONTRAVENTION, ENFORCEMENT AND PENALTIES ................................................................................ 40
4.13
METHOD OF APPEALS ............................................................................................................................... 41
4.14
THE APPEAL PROCESS ............................................................................................................................... 41
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
SECTION FIVE - LAND USE BYLAW AMENDMENTS ........................................... 44
5.1
CONTENTS OF A BYLAW AMENDMENT APPLICATION .............................................................................. 44
5.2
PROCESS FOR AMENDING THIS BYLAW .................................................................................................... 44
5.3
PUBLIC NOTIFICATION .............................................................................................................................. 45
5.4
PUBLIC HEARING ...................................................................................................................................... 45
SECTION SIX - GENERAL REGULATIONS ............................................................... 46
6.1
ACCESSORY BUILDINGS AND USES ........................................................................................................... 46
6.2
BUILDING SETBACKS ................................................................................................................................. 47
6.3
CAR WASHING, TRUCK STOP AND TRUCK WASHING ESTABLISHMENTS .................................................. 47
6.4
COMMUNICATION TOWERS AND FACILITIES ........................................................................................... 47
6.5
CONFINED FEEDING OPERATIONS ............................................................................................................ 49
6.6
CONSTRUCTION NEAR HAZARDOUS SITES ............................................................................................... 49
6.7
CORNER LOTS ........................................................................................................................................... 49
6.8
CROWN LAND ........................................................................................................................................... 49
6.9
DEVELOPMENT NEAR AIRPORTS .............................................................................................................. 51
6.10
DUGOUTS/BORROW PITS ......................................................................................................................... 51
6.11
ENVIRONMENTAL SENSITIVE LANDS ........................................................................................................ 51
6.12
EXTERIOR LIGHTING ................................................................................................................................. 54
6.13
HEIGHT OF BUILDINGS .............................................................................................................................. 54
6.14
HOME-BASED BUSINESSES ....................................................................................................................... 54
6.15
KENNELS ................................................................................................................................................... 56
6.16
LANDSCAPING AND SCREENING ............................................................................................................... 57
6.17
LIVESTOCK IN RESIDENTIAL DISTRICTS ..................................................................................................... 58
6.18
LOCATION OF PRESSURE VALVE STORAGE FACILITIES .............................................................................. 59
6.19
MANUFACTURED HOMES......................................................................................................................... 60
6.20
MOVED-IN BUILDINGS .............................................................................................................................. 62
6.21
NUMBER OF DWELLING UNITS PERMITTED ON A LOT .............................................................................. 62
6.22
OBJECTS PROHIBITED OR RESTRICTED...................................................................................................... 63
6.23
OFF-STREET LOADING REQUIREMENTS .................................................................................................... 64
6.24
OIL FIELD EQUIPMENT STORAGE .............................................................................................................. 64
6.25
PARKING AND LOADING REQUIREMENTS ................................................................................................ 64
6.26
PROVINCIALLY CONTROLLED HIGHWAYS ................................................................................................. 67
6.27
RAILWAY SETBACKS .................................................................................................................................. 68
6.28
ROADWAY ACCESS ................................................................................................................................... 68
6.29
ROADWAY SETBACKS ............................................................................................................................... 68
6.30
RURAL SUBDIVISION STANDARDS ............................................................................................................ 69
6.31
SECONDARY SUITES .................................................................................................................................. 69
6.32
SEWAGE SYSTEM SETBACKS ..................................................................................................................... 70
6.33
SHIPPING CONTAINERS (SEA CANS) .......................................................................................................... 70
6.34
SIGNS ........................................................................................................................................................ 70
6.35
SUBDIVISION OF AGRICULTURAL LAND .................................................................................................... 74
6.36
TOP SOIL REMOVAL .................................................................................................................................. 75
6.37
TRAIL DEVELOPMENT ............................................................................................................................... 75
6.38
UTILITIES ................................................................................................................................................... 78
6.39
VEHICULAR-ORIENTED USES .................................................................................................................... 78
6.40
WATER CANAL SYSTEM ............................................................................................................................ 78
6.41
WELL SITE SETBACKS ................................................................................................................................ 79
6.42
WIND ENERGY CONVERSION SYSTEMS, SMALL ........................................................................................ 79
6.43
WIND ENERGY CONVERSION SYSTEMS, LARGE ........................................................................................ 80
6.44
MODULAR BUILDINGS .............................................................................................................................. 83
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
6.45
USES PERMITTED IN ALL LAND USE DESIGNATIONS ................................................................................. 83
6.46
CANNABIS PRODUCTION AND DISTRUBTION FACILITY............................................................................. 83
6.47
CANNABIS RETAIL SALES ........................................................................................................................... 84
6.48
SOLAR COLLECTOR (SMALL) ..................................................................................................................... 85
6.49
SOLAR COLLECTOR (LARGE) ...................................................................................................................... 86
6.50
CHILD CARE FACILITIES AND FAMILY DAY HOMES .................................................................................... 87
SECTION SEVEN - ESTABLISHMENT OF DISTRICTS, BOUNDARIES AND
OVERLAYS ...................................................................................................... 90
7.1
DISTRICT CLASSIFICATION ........................................................................................................................ 90
7.2
OVERLAY CLASSIFICATION ........................................................................................................................ 90
7.3
INTERPRETATION OF DISTRICT BOUNDARIES ........................................................................................... 90
SECTION EIGHT - AGRICULTURE (A) DISTRICT ................................................. 92
8.1
PURPOSE .................................................................................................................................................. 92
8.2
USES IN THE AGRICULTURE (A) DISTRICT .................................................................................................. 92
8.3
REQUIREMENTS ....................................................................................................................................... 93
SECTION NINE -COMMERCIAL (C-1) DISTRICT ................................................... 95
9.1
PURPOSE .................................................................................................................................................. 95
9.2
USES IN THE COMMERCIAL (C-1) DISTRICT ............................................................................................... 95
9.3
REQUIREMENTS ....................................................................................................................................... 96
SECTION TEN - COMMERCIAL INDUSTRIAL (CM-1) DISTRICT ...................... 97
10.1
PURPOSE .................................................................................................................................................. 97
10.2
USES IN THE COMMERCIAL (CM-1) DISTRICT ............................................................................................ 97
10.3
REQUIREMENTS ....................................................................................................................................... 98
SECTION ELEVEN - INDUSTRIAL (M-1) DISTRICT ............................................. 99
11.1
PURPOSE .................................................................................................................................................. 99
11.2
USES IN THE INDUSTRIAL (M-1) DISTRICT ................................................................................................. 99
11.3
REQUIREMENTS ..................................................................................................................................... 100
SECTION TWELVE - MULTI-PARCEL COUNTRY RESIDENTIAL (MCR)
DISTRICT ...................................................................................................... 101
12.1
PURPOSE ................................................................................................................................................ 101
12.2
USES IN THE MULTI-PARCEL COUNTRY RESIDENTIAL (MCR) DISTRICT ................................................... 101
12.3
REQUIREMENTS ..................................................................................................................................... 101
SECTION THIRTEEN - HAMLET (H) DISTRICT .................................................. 103
13.1
PURPOSE ................................................................................................................................................ 103
13.2
USES IN THE HAMLET (H) DISTRICT ......................................................................................................... 103
13.3
REQUIREMENTS ..................................................................................................................................... 104
SECTION FOURTEEN - DIRECT CONTROL (DC) DISTRICT ............................ 106
14.1
PURPOSE ................................................................................................................................................ 106
14.2
SITE PROVISIONS .................................................................................................................................... 106
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
SECTION FIFTEEN - DONNELLY CORNER HIGHWAY COMMERCIAL AND
INDUSTRIAL DISTRICT (DC-HWY) DISTRICT ... Error! Bookmark not
defined.
15.1
PURPOSE ....................................................................................................... ERROR! BOOKMARK NOT DEFINED.
15.2
USES IN THE DONNELLY CORNER HIGHWAY COMMERCIAL AND INDUSTRIAL DISTRICT (DC-HWY)
DISTRICT ........................................................................................................ ERROR! BOOKMARK NOT DEFINED.
15.3
REQUIREMENTS ............................................................................................ ERROR! BOOKMARK NOT DEFINED.
15.4
DESIGN GUIDELINES ...................................................................................... ERROR! BOOKMARK NOT DEFINED.
SECTION SIXTEEN - RECREATION (R) DISTRICT ............................................. 107
16.1
PURPOSE ................................................................................................................................................ 107
16.2
USES IN THE RECREATION (R) DISTRICT .................................................................................................. 107
16.3
REQUIREMENTS ..................................................................................................................................... 108
SECTION SEVENTEEN - ENVIRONMENTAL SENSITIVE LANDS OVERLAY . 109
17.1
PURPOSE ................................................................................................................................................ 109
17.2
APPLICATION .......................................................................................................................................... 109
SECTION EIGHTEEN - ADOPTION OF BYLAW ................................................... 110
18.1
REPEAL OF EXISTING LAND USE BYLAW .................................................................................................. 110
18.2
EFFECTIVE DATE ..................................................................................................................................... 110
SCHEDULES
SCHEDULE "A" - DONNELLY A.V.P.A
SCHEDULE "B" - deleted
SCHEDULE "C" - deleted
SCHEDULE "D" - LIST OF AMENDMENTS
SCHEDUEL "E" - LAND USE DISTRICT MAPS
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
SECTION ONE - GENERAL
1.1
TITLE
1.1.1
This Bylaw may be cited as the "Municipal District of Smoky River No. 130 Land Use Bylaw".
1.2
REPEAL OF PREVIOUS LAND USE BYLAW
1.2.1
Land Use Bylaw No. 709 as amended is hereby repealed.
1.3
PURPOSE
1.3.1
The purpose of this Bylaw is to regulate the use and development of land and buildings within the
Municipal District of Smoky River No. 130.
1.4
APPLICATION OF BYLAW
1.4.1
The provisions of this Bylaw apply to all land and buildings within the boundaries of Municipal
District of Smoky River No. 130.
1.5
CONFORMITY WITH BYLAW
1.5.1
Except as provided in this Bylaw, no person shall commence a development unless it is in
accordance with the terms and conditions of a development permit issued under this Bylaw.
1.6
EFFECTIVE DATE
1.6.1
This bylaw comes into force and takes effect on the date of its final reading by the Council of the
Municipal District of Smoky River No. 130, having been signed in accordance with the Municipal
Government Act.
1.7
APPLICATIONS IN PROGRESS
1.7.1
An application for a subdivision or development permit, which is received in its complete and
final form prior to the effective date of this Bylaw, shall be processed in accordance with the
Land Use Bylaw No. 709.
1.7.2
No amendment application to Bylaw No. 709 shall be accepted after this Bylaw comes into force.
1.8
SEVERABILITY
1.8.1
If any provision of this Bylaw is held to be invalid by a decision of a court of competent
jurisdiction, that decision will not affect the validity of the remaining portions of this Bylaw.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
1.9
COMPLIANCE WITH OTHER LEGISLATION
1.9.1
A person applying for, or in possession of, a valid development permit is not relieved from the
responsibility of ascertaining and complying with, or carrying out development in accordance
with:
a)
the requirements of any statutory plan;
b)
the requirements of the Alberta Safety Codes Act, R.S.A.2000, Chapter S-1;
c)
the requirements of any other appropriate federal, provincial and/or other
municipal legislation; and
d)
the conditions of any caveat, covenant, easement or other instrument affecting a
building or land.
1.10 GENERAL INTERPRETATION
1.10.1
Unless otherwise stated, any enactments in this Bylaw refer to an enactment of the Municipal
Government Act (herein referred to as "the Act") and regulations as amended, revised,
consolidated or replaced from time to time, unless otherwise stated. Any bylaw referred in this
Bylaw refers to an enactment of the Municipal District of Smoky River No. 130 Council, as
amended, revised, consolidated or replaced from time to time.
1.10.2
The headings given to sections, paragraphs and sub-sections in this Bylaw are for convenience of
reference only; they do not form part of this Bylaw and will not be used in the interpretation of
this Bylaw.
1.11 RULES OF INTERPRETATION
1.11.1
Compliance with the policies in this Bylaw shall be interpreted and applied as follows:
a)
"shall" means mandatory compliance;
b)
"should" means compliance in principle, but is subject to the discretion of the
Development Officer where compliance is impracticable or undesirable because of
valid planning principles or circumstances unique to a specific application; and
c)
"may" means discretionary compliance or a choice in applying policy.
1.11.2
Where a regulation involves two (2) or more conditions, provisions or events connected by a
conjunction, the following shall apply:
a)
"and" means all the connected items shall apply in combination;
b)
"or" indicates that the connected items may apply singly or in combination; and
c)
"either-or" indicates the items shall apply singly but not in combination.
1.11.3
Words used in the singular include the plural and vice-versa.
1.11.4
When a word is used in the masculine it will refer to either gender.
1.11.5
All other words shall have the meaning assigned to them in the Act.
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Land Use Bylaw No. 865
1.11.6
All measurements in this Bylaw are metric. In the case of any conflict between information
expressed in metric units and in imperial units, the metric shall govern.
1.11.7
In the case of any conflict between a number written in numerals and a number written in
letters, the number written in numerals shall govern.
1.11.8
In the case of any conflict between the text of this Bylaw and any maps or drawings used to
illustrate any aspect of this Bylaw, the text shall govern.
1.11.9
When Permitted or Discretionary Uses listed in table format in a land use district makes
reference to the need to be compliant with another Section of this Bylaw, then this reference or
notation becomes a part of the use provision of this Bylaw rather than a regulatory provision.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
SECTION TWO - DEFINITIONS
In this Bylaw: Words in the present tense include the future; words in the singular include the
plural; words in the plural include the singular; the word "used" includes arranged, designated or
intended to be used; and the word "shall" is mandatory and shall not be permissive.
Terms not defined in this section shall carry their customary meaning.
ABATTOIR means the use of land or a building for the slaughtering of livestock and may include
the processing, packing, treating, storing and sale of the meat produced.
ABUT or ABUTTING means to have a common boundary, to border on.
ACCESSORY, when used to describe a use, building or structure, means a use, building or structure,
which is incidental and subordinate to the principal use or building and located on the same site
but does not include a farm building.
ACCESSORY DWELLING UNIT means a dwelling unit which is secondary and subordinate to the
principal commercial or industrial use that is located on the same site. An accessory dwelling unit
may be located above or to the rear of the commercial or industrial use.
ACT means the Municipal Government Act, R.S.A. 2000 Chapter M-26, and amendments thereto.
Bylaw 23-969
ADJACENT LAND means land that shares a common boundary with a parcel of land that is subject
to a development application and/or subdivision application and includes land that would be
adjacent if not for a public roadway, railway, river or stream; and any other land identified by
Council, the Appeal Bodyand/or the Development Officer as adjacent land for the purpose of
notification.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
AERODROME means an area designated for the movement of aircraft. Aerodromes in Canada
can be unregistered, registered or certified. An aerodrome may include buildings and uses
required to operate an aerodrome such as hangers, runway strips, tie-downs. May also be
known as an airport for the purposes of this Bylaw.
AGGREGATE EXTRACTION means an area where sand, gravel and rock fragments are mined or
excavated for sale or off-lot use.
AGRICULTURE (EXTENSIVE) means a system of tillage or animal husbandry through which one may
gain livelihood from large areas of land by the raising of crops or the rearing of livestock, and may
include buildings and other structures incidental to the operation.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
AGRICULTURE (INTENSIVE) means the raising or production of any cultivated crops which relies
generally on the confinement of plants (bee keeping, green houses, market gardens, plant
nurseries, sod farms, tree farms, etc).
AGRICULTURE [CONFINED FEEDING OPERATION (CFO)] means fenced or enclosed land or
buildings where livestock are confined for the purpose of growing, sustaining, finishing, or
breeding by means other than grazing and any other building or structure directly related to that
purpose but does not include residences, livestock seasonal feeding and bedding sites, equestrian
stables, auction markets, race tracks, or exhibition grounds. The standards and administration
regulation of the Agricultural Operation Practices Act shall define the minimum size of a Confined
Feeding Operation.
AGRICULTURAL INDUSTRY means any industrial use directly related to agriculture involving the
production or storage of farm products and generally includes:
a)
grain elevator
b)
seed cleaning plant
c)
abattoir
d)
auction mart
e)
pellet plant
f)
bulk storage tank
g)
hay dryer plant
h)
livestock holding station.
AGRICULTURAL OPERATION means an agricultural operation:
a)
that is carried out on a parcel(s) of land, for the purpose of:
i.
cultivating land;
ii.
producing agricultural crops, including hay and forage;
iii.
producing horticultural crops, including vegetables, fruit, mushrooms, sod,
trees, shrubs, flowers, greenhouse crops and specialty crops;
iv.
raising all classes of livestock, horses, poultry, fur-bearing animals, game birds
and game animals, bees and fish;
v.
carrying on an intensive livestock operation;
vi.
producing eggs, milk, honey and other animal products;
vii.
operating agricultural machinery and equipment, including irrigation pumps
and noise-scare devices;
viii. conducting any process necessary to prepare a farm product for distribution
from the farm gate;
ix.
storing, handling and applying fertilizer, manure, organic wastes, soil
amendments and pesticides, including both ground and aerial application;
x.
any other prescribed agricultural activity or process; or
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
b)
that is prescribed as an agricultural operation for the purposes of the Agricultural
Operations Act.
AIRSTRIP means a cleared area for the landing and taking off of aircraft.
Bylaw 23-969
APPEAL BODY means the board hearing a subdivision or development permit appeal in
accordance with the Municipal Government Act.
Bylaw 23-969 APIARY (deleted)
AREA STRUTURE PLAN means a plan adopted by a Council, in accordance with the requirements
of the Municipal Government Act, R.S.A 2000 for the purpose of providing a framework for
subsequent subdivision and development of an area of land in a municipality.
ARTISAN SHOP means development used for the purpose of small scale, on-site production of
goods and simple processes or hand manufacturing, primarily involving the use of hand tools.
Typical uses include pottery, ceramic and sculpture studios, custom jewelry manufacturing and
artist and photography studios.
Bylaw 19-911
AUTOMOTIVE SERVICE AND/OR PAINT SHOP means a building or site used for the repair,
servicing, and/or painting of motor vehicle, boats, trailers, recreational vehicles, or other similar
personal vehicles and may include the sale of automotive fuels, lubricating oils or other like
automotive fluids;
AUTO WRECKER means a use where the primary activity is the demolition and storage of vehicles,
usually for parts or scrap metal re-sale.
BETTER AGRICULTURAL LAND means a quarter section of which more than 50% of the soil is rated
at 28% or greater by the Rural Farmland Assessment or where no R.F.A. is available, Canada Land
Inventory for Agriculture Class 1 to 4 inclusive.
Bylaw 19-911
BREWERY, WINERY, DISTILLERY means a use where beer, wine, spirits and other alcoholic
beverages are manufactured and that may have areas and facilities for the storage, packaging,
bottling, canning and shipping of the products made;
Bylaw 19-911
BREWPUB means a restaurant or drinking establishment where beer, wine or alcoholic spirits are
produced on-site for consumption within the development and for retail sale. The facility must be
appropriately licensed by the Alberta Liquor and Gaming Commission;
BUFFER means a row of trees, shrubs, a berm, or fencing to provide visual screening and separation
and/or sound dampening between sites or incompatible land uses.
BUILDING includes anything constructed or placed on, in, over, or under land either permanent or
temporary but does not include a highway or public roadway or bridge forming part of a highway
or public roadway.
BUILDING HEIGHT means the maximum vertical distance between finished grade and the highest
point of a building as measured from the elevation of the finished ground level at the base of each
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
exterior wall to the highest point of the building on that particular side. The calculation of building
height excludes: a roof stairway entrance, a ventilating fan, a skylight, a steeple, a minaret, a
chimney, a smoke stack, a firewall or a parapet wall, or a flagpole or similar device not structurally
essential to the building.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
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Land Use Bylaw No. 865
BULK PRODUCT SALES AND/OR STORAGE means a facility for the bulk storage and sale of oil, fuel,
and solid or liquid fertilizer.
Bylaw 19-911
CAMPGROUND means the use of a site managed for the short term stay of tents, campers,
and/or recreational vehicles, but which is not used as year round storage or accommodation.
Bylaw 19-911
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.
Bylaw 19-911
CANNABIS ACCESSORY means cannabis accessory including but not limited to, rolling paper or
wraps, holders, pipes, water pipes, bongs and vaporizers, or any other thing described in the
Cannabis Act (Canada) that is used in the consumption or production of cannabis.
Bylaw 19-911
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, and growth of cannabis;
b)
The processing of raw materials
c)
The making, testing, manufacturing, assembling, 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 sale of materials, goods and products to cannabis retail sales
stores or to individual customers
Bylaw 19-911
CANNABIS RETAIL SALES means a retail store licensed by the Province of Alberta where:
a)
where cannabis is sold for consumption off the premises,
b)
where consumption of cannabis must not occur, and
c)
that may include the ancillary retail sale or rental of merchandise.
CAR WASH means a use, building or structure where facilities are specifically used or intended to
be used for washing vehicles either by production line methods employing mechanical devices or
by hand.
CEMETERY means a parcel of land that is used as a burial ground and is licensed by the appropriate
provincial government department.
Bylaw 19-911
CHILD CARE FACILITY means a development intended to provide care, educational activities and
supervision for groups of seven or more children under thirteen (13) years of age during the day
or evening, but does not include overnight accommodation, and is intended to be operated for at
least twelve (12) consecutive weeks each year. This includes daycares, pre-schools, out-of-school
care, and other programs where the primary purpose is the care of children.
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Land Use Bylaw No. 865
Bylaw 19-911
CLUB means a building and/or site used for the private meeting and social activities of members
of a private organization and which may include space for eating, drinking, and congregating.
Bylaw 19-911
CLUSTERED COMMUNAL DWELLING means a third or additional dwellings unit designed as an
integral part of an agricultural operation. The proposed dwelling must be located in the same yard
site as one of the existing dwellings.
COMMUNITY HALL means a building that is used as a community meeting or activity place.
CONFINED FEEDING OPERATION means an operation as defined by the Agricultural Operations
Practices Act, as amended. The standards and administration regulation of the Agricultural
Operations Practices Act shall define the minimum size of a Confined Feeding Operation.
CONSTRUCT means to build, reconstruct, or relocate, and without limiting the generality of the
word, also includes:
a)
any preliminary operation such as excavation, filling or draining, or
b)
altering an existing building by an addition, enlargement, extension or other
structural change, or
c)
any work which requires a building permit.
Bylaw 19-911
CONTRACTOR, GENERAL means a development used to commercial and industrial service support
and construction. Typical uses include, but are not limited to, oilfield support services,
laboratories, cleaning and maintenance contractors, building construction, surveying, landscaping,
concrete, electrical, excavation, drilling, heating, plumbing, paving, road construction, sewer or
similar services of a construction nature which require on-site storage space for materials, mobile
equipment or vehicles normally associated with the contractor service. Any sales, display, office
or technical support service areas shall be accessory to the principal general contractor use.
Bylaw 19-911
CONTRACTOR, LIMITED means development used for the provision of electrical, plumbing,
heating, painting, catering and similar contractor services primarily to individual households and
the accessory sales of goods normally associated with the contractor services where all materials
are kept within an enclosed building, and there are no accessory manufacturing activities or fleet
storage of more than four vehicles. No outside storage of materials shall be permitted as part of
contractor, limited use.
COUNCIL means the Council of the Municipal District of Smoky River No. 130.
Bylaw 19-911
CONVENIENCE STORE means "retail outlet" but where the gross floor area does not exceed
186.0 m2 in gross floor area.
CRUDE OIL means crude oil, natural gas liquids, refinery feedstocks, and additives as well as other
hydrocarbons (including emulsified oils, synthetic crude oil, mineral oils extracted from bituminous
minerals such as oil shale, bituminous sand, etc., and oils from coal liquefaction). Crude oil is a
mineral oil consisting of a mixture of hydrocarbons of natural origin and associated impurities,
such as sulphur. It exists in the liquid phase under normal surface temperatures and pressure and
its physical characteristics (density, viscosity, etc.) are highly variable. It includes field or lease
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
condensates (separator liquids) which are recovered from associated and non-associated gas
where it is commingled with the commercial crude oil stream.
CRUDE OIL, ABOVEGROUND STORAGE TANK means a tank that sits on or above the ground and
whose top and complete external sides can be visually inspected and whose use is for the storage,
commercialization, and sale of Crude Oil.
Information on the regulation of Aboveground Crude Oil Storage Tanks is available from the
Alberta Energy Regulator (AER) through AER Directive 055.
CRUDE OIL, TRANSLOAD FACILITY means a site adjacent to railway trackage/spur line where
crude/bitumen oil is transferred from a pipeline / tanker trucks directly into a rail tank car or into
above ground storage tanks for loading into rail tanker cars for transportation to oil upgrading
facilities.
Bylaw 19-911
DECK means an accessory structure which is an uncovered horizontal structure with a
surface height greater than 0.6m (2 ft) above grade at any point, and intended for use as a
private outdoor space.
DEVELOPMENT means:
a)
an excavation or stock pile and 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 in, on, over or under land of any of them, or
c)
a change of use of land or building or an act done in relation to land or building that
results in or is likely to result in change in the use of 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 result in or is likely to result in a change in the intensity of use of
the land or building.
DEVELOPMENT OFFICER means a person appointed by resolution of Council, with the powers
and duties established in this Bylaw.
DISCRETIONARY USE means a use of land or building for which the Development Officer may, in
his/her discretion, approve the issuance of a development permit.
DIRECT INJECTION means the application of liquid manure to a portion of land in accordance with
an approved manure management plan, which utilizes cultivator sweeps to inject liquid manure at
a minimum of 10.16 centimetres (4 inches) below the surface of the application area. If this results
in improper injection, immediate incorporation shall be performed.
DONNELLY A.V.P.A. means the Donnelly Airport Vicinity Protection Area Regulation.
DUGOUT/BORROW PIT means the excavation of land which results in a manmade feature that
entraps water and includes excavation for a water supply and borrow pits. At its deepest point, a
dugout shall have a depth of no less than one (1) metre. Anything designed for a depth shallower
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
than one metre may be considered an ornamental pond for landscaping purpose, excluding storm
water management facilities or other features as required by the Subdivision Authority or
Development Officer such as but may not be limited to ponds for water supply or fire protection.
DWELLING UNIT means two or more rooms used as, or designed to be used as a residence and
containing cooking, eating, living, sleeping and sanitary facilities and with an independent entrance
either directly from outside a building or through a common hallway inside a building.
ENVIRONMENTAL IMPACT ASSESSMENT (EIA) means a review process required by the
municipality to identify and assess the potential impacts of a proposed project or activity, evaluate
alternatives, and formulate appropriate mitigation, management and monitoring measures. The
process used, and the findings, results and recommendations are presented in the form of an
environmental management plan (EMP) of an environmental impact statement (EIS). The EMP will
generally include implementation strategies, including recommended policies for guiding future
land use management decisions in vicinity of the feature(s) for which the EIA was prepared. Either
and EMP or EIS may be required by the Municipality, subject to the complexity of the issue(s) under
consideration.
ENVIRONMENTALLY SENSITIVE LANDS means all those areas identified within this plan as areas
appropriate for long term protection. The boundaries of such shall be identified by the policies and
guidelines contained within the Municipal Development Plan or by the criteria and discretion
contained within this bylaw.
EXISTING DEVELOPMENT means a development lawfully existing prior to the date of passing of
this Bylaw.
Bylaw 19-911
FAMILY CARE FACILITY means a development which provides resident care service in a dwelling
unit to six (6) or fewer individuals. These individuals may be handicapped, aged, disabled, or in
need of adult supervision and are provided service and supervision in accordance with their
individual needs. Family care facilities include boarding homes for children and group homes;
Bylaw 19-911
FAMILY DAY HOME means a dwelling unit used for the temporary supervision or care for a
maximum of six (6) children 0-12 years old, including the residents' own children. In a family day
home a maximum of three (3) children may be under 36 months with a maximum of two (2)
children may be under 24 months. These regulations are the same for Before/After School Care
or Private Babysitting service.
FARM BUILDING means any improvements, used in the raising or production of crops, livestock or
poultry and situated on land used in connection with extensive farming operations, including
apiaries.
FARMSTEAD means an existing habitable residence and associated buildings and improvements,
including water and sewer servicing, utilities and access, on an unsubdivided quarter section in a
rural municipality.
FARMSTEAD SEPARATION means a subdivided lot located in a rural area containing an existing
dwelling unit and associated buildings.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
Bylaw 19-911
FLOODPLAIN means low-lying land next to a watercourse that is subject to periodic inundation of
water. A 1:100-year floodplain, which is the result of a flood having a 1 percent chance of being
equaled or exceeded in any given year, is used for purposes of development. In the absence of
information that identifies the 1:100-year floodplain elevation, a qualified professional must
determine the historic high-water level for a water body.
Bylaw 19-911
FLOODPRONE means lands not defined as a floodplain, which are low-lying land next to a
watercourse that experience a periodic inundation of water. These lands may be adjacent to a
floodplain or may exist in an independent location.
FLOOR AREA means the total of the floor areas of every room and passageway contained in a
building but not including the floor areas of attached garages, sheds, open porches or breezeways.
FULLY SERVICED means having all appropriate municipal services connected, such as water, sewer
and power.
HAMLET means:
a)
an area of land subdivided into lots and blocks as a town site, a plan of which is
registered in a land titles office, or,
b)
an area designated by Council to be a Hamlet.
Bylaw 19-911
GOLF COURSE means a site used for the purposes of playing golf and which may include a
clubhouse as an accessory use.
Bylaw 19-911
HEALTH SERVICES FACILITY means any facility intended to provide medical or dental services,
including dental offices and doctor's clinics. For this Land Use Bylaw, tanning salons are included,
and fitness centres are excluded.
HIGH WATER MARK means the upper boundary of a waterbody. A high water mark shall be
determined on a site-specific basis considering such factors as vegetation patterns,
geomorphologic indicators and/or air photo interpretations.
HOME-BASED BUSINESS (MAJOR) means an occupation, profession, trade, or craft in which
remuneration is normally received for any goods or service provided, and is operated on a
residential property. A major home based-business may extend to accessory buildings. It may
include up to five (5) on-site employees, in addition to the occupants of the on-site residential
building. This use does not include intensive industrial types of use that present impacts to the
surrounding area, which should be located in an industrial district.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
HOME-BASED BUSINESS (MINOR) means an occupation or profession in which remuneration is
normally received for any goods or service provided, and is operated within a residential dwelling
by residents of that property. It may include one (1) on-site employee, in addition to the occupants
of the on-site residential building. A minor home based-business is restricted to business activities
and storage within the dwelling, does not generate vehicular traffic in excess of that of a typical
residential use, and does not interfere with the rights of the other residents to quiet enjoyment of
a residential neighbourhood.
HOTEL means a building designed for the accommodation of the traveling or vacationing public
containing guest rooms served by a common entrance as well as general kitchen and dining or
other public rooms.
INTERNAL SUBDIVISION ROAD means a public roadway, excluding a provincial highway and a
municipal road, constructed solely for access or egress and internal circulation within a
commercial, industrial, intensive agriculture or residential development of hamlet and includes a
service road.
Bylaw 19-911
KENNEL means any development on which four or more dogs and/or cats over six months of
age are maintained, boarded , bred, trained or cared for in return for remuneration or kept for
purposes of sale.
LABOUR INTENSIVE means a use of land, building or structure for industrial purposes that require
a large labour force in order to operate.
LIVESTOCK means poultry, horses, cattle, sheep, swine, goats, bison, specialty species, and/or fur-
bearing animals raised in captivity and game production animals within the meaning of the
'Livestock Industry Diversification Act'.
LOCAL ROAD means a public roadway excluding an internal subdivision road that is under the
management of the Municipal District of Smoky River No. 130.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
LOT means:
a)
a quarter section,
b)
a river lot, or a settlement lot shown on an official plan referred to in the Surveys
Act which is filed or lodged in a land titles office,
c)
a part of a parcel where the boundaries of the part are separately described in a
certificate of title other than by reference to a legal subdivision, or
d)
a part of a parcel where the boundaries of the parcel are described in a certificate
of title by reference to plan of subdivision.
LOT COVERAGE means the percentage of lot area covered by buildings.
LOT DEPTH means the length of a straight line joining the middle of the front lot line with the
middle of the rear lot line.
LOT LINE means the legally defined limit of any lot.
LOT LINE (FRONT) means the boundary separating the lot from the abutting street. In the case of
a corner lot, the owner of the site may select one of the street boundaries as the front.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
LOT WIDTH means the average horizontal measurement between the side lot lines as determined
by the Development Officer.
Bylaw 16-887
Bylaw 23-969
MANUFACTURED HOME means a development of a transportable dwelling unit that is built off-
site. It may be designed to be transported on its own wheels or on a chassis and upon arriving at
the site for placement is, apart from incidental operations such as installation of foundation
supports and connections of utilities, ready for year round occupancy. Manufactured homes shall
conform to CAN/CSA Z240 MH Series and A277 certified standards. Where a component of a
building is assembled off the building site in such a manner that it cannot be reviewed on site, off-
site reviews shall be carried out to by a qualified safety codes officer to determine compliance with
Safety Codes;This definition does not apply to recreational vehicles or industrial camp trailers.
Bylaw 19-911
MANUFACTURING PLANT means an industrial site, with buildings and machinery, where
workers manufacture goods or operate machines processing one product into another. This may
include petro-chemical processing.
Bylaw 16-887
MODULAR BUILDING means a development that is built off-site and designed to be transported
and assembled on a permanent foundation at the building site. Upon arriving at the site for
placement the modular building, apart from incidental operations such as installation of
foundation supports and connections of utilities, is ready for year round occupancy. A modular
building may include residential, commercial, industrial and institutional buildings. This definition
does not apply to manufactured homes, recreational vehicles or industrial camp trailers.
MOTEL means a building or group of buildings designed for the accommodation of the traveling or
vacationing public containing guest rooms, each of which has a separate entrance directly from
outside the building.
Bylaw 16-887
MOVED IN DWELLING means a single detached dwelling unit, other than manufactured home,
previously constructed and occupied that is to be relocated to that site.
MULTI-FAMILY DWELLING means a building containing more than one dwelling unit.
MUNICIPAL DEVELOPMENT PLAN means the Municipal District of Smoky River No. 130 Municipal
Development Plan.
NATURAL RESOURCE EXTRACTION INDUSTRY means an industry engaged in the extraction of
natural resources such as timber, clay, limestone, shale, coal, and other minerals including
petroleum and natural gas and which may include primary treatment into a raw, marketable form
of the resource.
NON-CONFORMING USE means a lawful, specific use:
a)
being made of land or building lawfully under construction at the date that the Land
Use Bylaw or any amendment thereof affecting the land or building, becomes
effective; and
b)
that on that date, that Land Use Bylaw or any amendment thereof becomes
effective, does not, or in the case of building under construction will not comply with
the Land Use Bylaw.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
NON-LABOUR INTENSIVE means a use of land, building or structure for industrial purposes which
require a small labour force in order to operate.
OFFICE, BUSINESS, TRADE OR PROFESSIONAL means a building used as a place of administration
for a business, trade or professional.
OIL AND GAS PROCESSING PLANT means a plant for the extraction from gas of hydrogen sulphide,
helium, ethane, natural gas liquids or other substances, but does not include a well head separator,
treater or dehydrator.
OILFIELD EQUIPMENT STORAGE means a facility that is used to store goods, products or
equipment and is usually associated with a commercial and/or industrial operation.
Bylaw 19-911
OILFIELD SERVICES means a development used to provide services for field operations in the
exploration and ground extraction of fossil fuels.
Bylaw 19-911
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.
PARCEL means the aggregate of land described in a certificate of title or described by reference to
plan filed or registered in land titles office.
Bylaw 19-911
PARK means any parcel of land which is for use by the general public for recreational activities,
sporting, or gathering, and which may be left in a natural state or may include man-made features
including area for sporting activities, playgrounds, picnic areas, and/or walking trails.
PARKING LOT means an area of land providing for the parking of motor vehicles.
PERMITTED USE means a use for which the Development Officer shall, upon application, issue a
development permit, if the application otherwise conforms with the Bylaw.
PROVINCIAL HIGHWAY means a public roadway designated as a highway under The Public
Highways Development Act, R.S.A., 2000.
PRINCIPAL BUILDING OR USE means the main purpose for which, in the opinion of the
Development Officer, a building or site is ordinarily used.
PUBLIC PARK OR PLAYGROUND means an area of land used for recreation purposes, usually
including facilities such as picnic benches, slides, swings, and other playground type equipment,
built in accordance with the Alberta Safety Codes Act.
PUBLIC ROADWAY means any public street, avenue, arterial or limited access roadway, service
road, boulevard, square, secondary road, or local road or any other class of thoroughfare used or
intended to be used by the public generally but does not include a numbered highway.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
PUBLIC USE means a building, structure or lot used for the provision of public services by the
Municipal District of Smoky River No. 130, by any local board or agency of the Municipal District of
Smoky River No. 130, by any department, commission or agency of the municipal corporation or
the Government of Alberta or Canada, by any railway company authorized under the Railway Act,
or by any public utility.
PUBLIC UTILITY means the right of way for one or more of the following:
a)
Communications systems,
b)
Waterworks systems,
c)
Irrigation systems,
d)
Systems for the distribution of gas, whether natural or artificial,
e)
Systems for the distribution of artificial light or electric power,
f)
Heating systems, and
g)
Sewage systems.
QUARTER SECTION means an un-subdivided quarter section as defined by the Subdivision and
Development Regulation. That is, a quarter section, settlement lot, lake lot or river lot which has
not been subdivided except for public uses, or physically severed parcel created pursuant to the
Regulation, or the Act that constitutes more than half of the area that was constituted by that
quarter section, settlement lot, lake lot or river lot.
RECREATION (Extensive) means a recreational land use, scattering users and development over a
dispersed area of land and includes passive parks, walking trails, hunting, trail riding,
snowmobiling, backcountry campsites or a combination of these uses, and similar uses or
activities.
RECREATION (Intensive) means a recreational land use localizing users and development and
concentration activities and includes beaches, riding stables, race tracks, sports fields, golf courses,
campgrounds, recreation resorts, picnic areas and other similar uses.
Bylaw 19-911
RECREATION FACILITY means a building and/or site used for sports or other active recreational
activities and may include health and fitness clubs, racquet courts, dance studios, martial arts
schools, basketball and volleyball courts, ski hill, race track, rife range, swimming pool, equestrian
facility, skeet and trap facility, outdoor skating rink, curling rink, indoor hockey arenas, football and
soccer field, and or other similar sporting fields but not including an outdoor golf course.
RECREATIONAL VEHICLE means a vehicle that provides temporary accommodation for recreation
or travel purposes and includes but is not limited to campers, tent trailers, fifth wheel travel trailers
and motorhomes.
RESTAURANT means an establishment for the preparation and sale of food for consumption on
the premises and may be licensed for the sale of liquor by the Alberta Gaming and Liquor
Commission, and may also include take-out food service and entertainment as accessory uses.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
RELIGIOUS USE FACILITY means a building or structure primarily intended for the conducting of
organized religious services, and may include as accessory uses social, recreational and community
activities such as group meetings, banquets and child care.
RETAIL OUTLET means the use of a building or a portion thereof for the sale or display of
merchandise to the public and includes the storage of merchandise on or about the premises in
quantities sufficient only to supply the establishment, but does not include a grocery store or a
retail food store.
ROAD USE AGREEMENT means an agreement between the Municipal District of Smoky River No.
130 and a user that outlines the terms and conditions of road usage by the user to support the
operation of the proposed development. This agreement can include, but is not limited to: road
restrictions, road development costs, maintenance costs, and damage cost recovery measures.
RURAL INDUSTRY means an industry which may or may not be directly related to agriculture and
which involves one or more of the following:
a)
Open storage of materials, goods and equipment;
b)
Primary manufacturing or processing of a finished product from raw materials (site
specific industry is an example);
c)
Provision of large scale transportation facilities for freight or passengers, or
d)
Industrial operations, which, due to noise, inherent safety hazards or noxious or
toxic emissions, require large tracts of land or a rural location away from
concentrations of people.
SALVAGE YARD means a facility for the storage, processing or trans-shipment of derelict vehicles,
machinery, scrap metal and similar materials for the purpose of wholesale or retail trade.
SALES AND SERVICE FOR EQUIPMENT AND VEHICLES means a use where the primary activity is
the display and sale of equipment and vehicles and may also include ancillary vehicle or equipment
service.
SAW MILL AND/OR PLANER MILL means a mill that is used for the sawing of logs into a usable
product.
Bylaw 19-911
SCHOOL means a facility where students are taught but which may or may not be supported by
the Province of Alberta and/or a local school board as defined by the Province of Alberta School
Act.
SECONDARY SUITE means a second, self-contained dwelling unit that is located:
a)
within a primary dwelling unit, either above or below grade level,
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
b)
above or otherwise within a garage or similar enclosed parking structure, that is
located to the rear of the primary residence but on the same property as the primary
residence.
SERVICE STATION means any building, land area or other premises used for the retail dispensing
or sale of vehicular fuels; and including as an accessory use the sale and installation of lubricants,
tires, batteries and other similar accessories. It may also include an enclosed restaurant facility or
convenience store facility as a secondary use to the principal fuel sale use.
SIGHT TRIANGLE means the triangle formed by a straight line drawn between two points on the
exterior boundaries of a site, the required setback distance in meters (feet), from the point where
they intersect. Refer to Section 6.7.1 for specific setback distances for the land use districts and
to the Explanation Notes for a Sight Triangle.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
Municipal District of Smoky River No. 130
Page 23
Land Use Bylaw No. 865
SIGN means anything that serves to indicate the presence of something including but not limited
to, a lettered board, a structure, a trademark displayed, erected or otherwise developed and used,
or serving or intending to serve as a means to identify, advertise, or give direction.
Bylaw 23-969
SINGLE DETACHED DWELLING means a building, including custom built, modular home,
manufactured home or the like, containing a dwelling unit.
Bylaw 23-969
SITE (deleted)
Bylaw 19-911
Bylaw 23-969
SOLAR COLLECTOR (LARGE) means facility consisting of active and/or passive solar panels and
related facilities for the production of power. This system is connected to the same substation or
grid used for the production of electrical power, and is primarily for resale purposes. This system
may be developed as a farm, containing multiple solar panels.
Bylaw 19-911
Bylaw 23-969
SOLAR COLLECTOR (SMALL )means any device used to collect sunlight that is part of a system used
to convert radiant energy from the sun into thermal or electrical energy and is intended to provide
energy for on-site purposes only.
Bylaw 19-911
Bylaw 23-969
STAFF ACCOMODATION means one or more housing units or buildings to accommodate persons
who are employed on the same land on which the units or buildings are situated.
STATUTORY means a plan as referred to within the Municipal Government Act.
Bylaw 19-911
Bylaw 23-969
STORAGE YARD means a facility that is used to store goods, products, vehicles or equipment in an
organized manner and is usually associated with a commercial and/or industrial operation. This
does not include auto-wrecker.
STORAGE, PROCESSING OR PRODUCTION OF DANGEROUS GOODS means development where
refined oil, fuel, or liquid or solid chemical is stored, and includes the storage of
dangerous/hazardous substances, as defined by the Dangerous Goods Transportation and
Handling Act and the Major Industrial Accidents Council of Canada (MIACC). The development may
include facilities for cleaning, blending or packaging of bulk oil, fuel or chemicals, but does not
include manufacture of any of these products.
Bylaw 23-969
SUBDIVISION AND DEVELOPMENT APPEAL BOARD (deleted)
TOP OF BANK means the upper topographical break that signifies the upper edge of a valley or
watercourse.
TEMPORARY USE means a use that occurs from the date of the development permit approval for
a length of time as specified in the permit approval by the Development Officer.
TRUCKING OPERATION OR TERMINAL means a parcel of land that is used to store trucks and
related equipment.
UNDERSIZED LOT means a lot which does not meet the minimum length, width or area
requirements of the land use district in which it is located.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
UNSIGHTLY PREMISES means any property or part thereof on which there is litter or rubbish or
overgrown weeds, grasses or other vegetation that causes the property or any part of it to look
untidy.
UNSUBDIVIDED QUARTER SECTION means a quarter section, settlement lot or river lot which has
not been previously subdivided except for a public use such as a church, school, cemetery, public
recreation facility, public or quasi-public use.
URBAN MUNICIPALITIES refers to the incorporated municipalities in the Municipal District of
Smoky River No. 130 including the Villages of Donnelly and Girouxville and the Towns of Falher
and McLennan.
Bylaw 23-969
VETERINARY CLINIC means the use of a building for medical care and treatment of animals.
WAREHOUSE means the use of a building for the storage and/or sale of merchandise or
commodities, and may include an office space and ancillary retail sales.
WATERBODY means:
a)
the bed and shore of a lake, lagoon, swamp, marsh, or any other natural body of
water, or
b)
a reservoir or other man-made surface feature, whether it contains water
continuously or intermittently.
A high water mark shall determining the upper extend of the waterbody for such purposes of
calculating setbacks and appropriate distance separations.
WATERCOURSE means:
a)
the bed and shore of a river, stream, creek or other natural body of water, or
b)
a canal, ditch or other man-made feature whether it contains water continuously or
intermittently.
The top of bank shall determine the upper extent of the watercourse for such purposes as
calculating set back distances and appropriate distance separation.
Bylaw 19-911
Bylaw 23-969
WIND ENERGY CONVERSION SYSTEM (SMALL) means a system consisting of a wind turbine, a
tower and associated controls or conversion electronics, which is primarily intended to provide
electrical power to the principle use on site. A Wind Energy Conversion System (Small) shall consist
of a turbine that has a manufacturer's maximum rated output of less than 10 kW or less and is
intended to provide energy for on-site purposes only.
Bylaw 19-911
Bylaw 23-969
WIND ENERGY CONVERSION SYSTEM (LARGE) means an aggregation of parts, including the base,
supporting structure, tower, generator, rotor, blades, etc., in such configuration as necessary to
convert wind energy into mechanical or electrical energy on a large scale. A Wind Energy
Conversion System (Large) is a freestanding single turbine structure that has manufactures's
maximum rated ouput of greater then 10kW which is connected to a substation or grid.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
WORK CAMP means one or more buildings established to accommodate persons who are
employed in agriculture, mining, lumbering, construction, drilling, resource exploitation and any
similar industry, and includes land on which the buildings are situated.
YARD means part of a lot upon or over which no building or structure other than a boundary fence
is erected except for specifically permitted accessory buildings.
YARD, EXTERIOR SIDE means a side yard immediately adjoining a street.
YARD, FRONT means a yard extending across the full width of a lot and situated between the front
lot line and the nearest portion of the principal building.
YARD, INTERIOR SIDE means a side yard immediately adjoining a lot.
YARD, REAR means a yard extending across the full width of a lot and situated between the rear
lot line and the nearest portion of the principal building.
YARD, SIDE means a yard extending from the front yard to the rear yard and situated between the
side lot line and the nearest part of the principal building.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
SECTION THREE - ADMINISTRATIVE AGENCIES
3.1
DEVELOPMENT AUTHORITY
3.1.1
The Development Authority is hereby established by Bylaw pursuant to the Act.
3.1.2
The Development Authority shall exercise development powers and duties on behalf of the
Municipal District of Smoky River.
3.1.3
The Development Authority shall be the Development Officer, or where the context of this Bylaw
permits in Direct Control Districts, the Council.
3.1.4
Bylaw 23-969
Deleted
3.2
SUBDIVISION AUTHORITY
3.2.1
The Subdivision Authority for the Municipal District shall be established by separate bylaw, as
adopted under the provisions of the Act.
3.2.2
The Subdivision Authority shall perform such duties as prescribed in the Subdivision Authority
Bylaw, in addition to any duties prescribed in this Bylaw, the Act and the Subdivision and
Development regulations.
3.3
DEVELOPMENT OFFICER - deleted
Bylaw 19-911
3.4
DUTIES AND POWERS OF DEVELOPMENT OFFICER
3.4.1
The Development Officer shall:
a)
advise, assist and provide recommendations to Council where applicable, in regard
to the planning of orderly and economic development;
b)
ensure that any proposed development is in accordance with this Bylaw and is
consistent with the Municipal Development Plan, other municipal statutory plans and
adopted municipal policies; receive and consider applications for a development
permit;
c)
issue decisions on all development permits;
d)
keep and maintain for inspection of the public during office hours, a copy of this
Bylaw and all amendments and resolutions thereto and insure that copies are
available to the public at reasonable charge;
e)
keep a register of all applications for development, including the decisions thereon
and the reasons therefore, for a minimum period of seven years;
f)
determine if a Development Permit expires when, in the opinion of a Development
Officer, a development is not substantially commenced within twelve (12) months
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
from the date of issuance, or within such extended period that may be granted by a
Development Officer. The Development Officer shall confirm that all Development
Permit conditions have been met, and the construction reflects the approved plans
of the development permit, which deems the development permit complete after
inspection;
g)
refer to Council for its consideration and comments on any development permit
applications or notification regarding a confined feeding operation, and any such
matters as Council directs;
h)
refer all development permit applications within a Direct Control District to Council;
i)
refer all development permit applications on any such matters as Council directs; and
j)
refer for comment applications for development permits to those authorities and
agencies prescribed within the Subdivision and Development Regulations.
3.4.2
The Development Officer shall decide upon all applications for development permits except for
those ones referred to Council.
3.5
VARIANCE POWERS
3.5.1
Pursuant to Section 640 (6) of the Act, the Development Officer may approve a development
permit application or may recommend approval on a subdivision application, notwithstanding that
the proposal does not comply with this Bylaw if, in the opinion of the Development Officer:
a)
the proposed development would not:
i.
the proposal does not 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.
3.5.2
Bylaw 19-911
Subject to 3.5.1 above, the Development Officer may approve an application for a development
permit for a permitted use requiring a minor variance to:
a)
5% of the maximum building height; and
b)
25% of all other minimum or maximum development standards,
i.
excepting there shall be no variance to corner lot restrictions (Section 6.7)
ii.
deleted
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
3.5.3
Bylaw 19-911
In addition to the considerations provided under 3.5.1, a variance may only be granted if, in the
opinion of the Development Authority:
a)
The variance requested maintains the intent and purpose of the Municipal
Development Plan;
b)
The variance requested maintains the intent and purpose of this Bylaw;
c)
The variance is desirable for the appropriate and orderly development or use of the
land; and
d)
The variance, in the opinion of the Development Authority, is truly minor in nature.
3.5.4
Bylaw 19-911
All requests for a variance shall be accompanied by a letter from the applicant clearly stating the
reasons for the variance, outlining the applicable criteria identified in 3.5.3, and the nature of the
hardship incurred if the variance is not granted.
3.5.5
Bylaw 19-911
Subject to 3.5.1 and 3.5.3 above, in the event that a variance is granted, the Development Officer
shall specify the nature of the approved variance in the development permit approval.
3.5.6
A variance will not be allowed if the granting of the variance results in the creation of a lot which
does not meet the minimum requirements of the Subdivision Regulations.
3.5.7
The Development Officer may allow a minor variance of any required setback except for a roadway
along a provincial highway. Setbacks along a provincial highway may be varied under advisement
from Alberta Transportation under the Public Highways Development Act.
3.6
FORMS AND NOTICES - Deleted
Bylaw 19-911
3.7
INTER-MUNICIPAL PLANNING AND DEVELOPMENT - Deleted
Bylaw 19-911
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
SECTION FOUR - DEVELOPMENT PERMITS
4.1
DEVELOPMENTS FOR WHICH DEVELOPMENT PERMITS ARE REQUIRED
4.1.1
Except as provided in Section 4.2, a development permit is required for any development in the
Municipal District of Smoky River No. 130. It is the applicant's responsibility to obtain all other
necessary permits, including but not limited to services such as gas, power, sewer, and water
required for the development.
4.2
DEVELOPMENTS FOR WHICH DEVELOPMENT PERMITS ARE NOT REQUIRED
4.2.1
Bylaw 23-969
Bylaw 23-969
Bylaw 19-911
Bylaw 23-969
A development permit is not required for any of the following developments, provided they
comply with all other provisions of this Bylaw:
a)
extensive agriculture;
b)
accessory structures less than 3.66 metres by 3.66 metres (12 feet by 12 feet).
Accessory structures must be located in the side or rear yard, have a height of less
than 4.57 metres (15 feet), comply with all setback requirements, and be below
maximum site coverage.
c)
grain storage structures, excluding any such structures on permanent foundations.
d)
works of maintenance, repair or alteration provided such work is not considered by
the Development Officer to be a change of use or change in intensity of the use of
the building;
e)
the construction or maintenance of a fence, wall or gate in Agricultural District
f)
The erection, construction, or maintenance, improvement or alteration of gates
or fences or other means of enclosure less than 1.0 m in height in front yards or
in side yards abutting a road, and less than 2.0 m 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. Notwithstanding, barbed wire and
page wire fences are only permitted in the agricultural land use district.
g)
a public utility located on public property;
h)
any development undertaken by or on behalf of the Municipal District of Smoky River
No. 130 and/or by its agents or contractors;
i)
a rural addressing sign
j)
a home-based business sign that complies with the requirements set out in Section
6.34
k)
an election sign
l)
dugouts;
m)
shelterbelts
n)
The construction of a deck, provided that the deck is uncovered, and the walking
surface is less than 60 cm (2 feet) above grade.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
Bylaw 23-969
Bylaw 23-969
o)
developments that fall under Section 618 of the Municipal Government Act.
p)
The construction of farm buildings which do not require safety code inspections and
meet all requirements of the land use bylaw including the district in which they are
constructed.
q)
Solar Collector (Small) located and installed in complete conformity with section
6.48.
4.2.2
Bylaw 23-969
All items listed in 4.2.1 continue to require compliance with all provincial, federal and Municipal
District of Smoky River bylaws and policies.
4.3
NON-CONFORMING USES
4.3.1
The provision of the Act shall apply to development, including uses and buildings that are
considered non-conforming under this Bylaw.
4.4
APPLICATIONS FOR DEVELOPMENT PERMITS
4.4.1
Bylaw 16-888
An application for a development permit shall be made to the Development Officer in writing on
the prescribed form, and shall be signed by the applicant or their agent.
4.4.2
In addition to the application, the Development Officer may, before an application is considered
complete, require the submission of the following:
a)
a building plan showing floor plans, elevations and material specifications;
b)
a detailed site plan showing site dimensions and the exact location and dimensions
of all existing and proposed developments, all roads and approaches, water and
sewer, water bodies and watercourses, and landscaping;
c)
up-to-date air photographs of the site in its current condition at a scale acceptable to
the Development Officer;
d)
information addressing the number of employees expected (in the case of industrial
or commercial developments), proposed method of water and sewer servicing, rail
or roadway access, construction material, lighting requirements, landscaping
requirements or off-street parking requirements;
e)
a Real Property Report to verify the location of an existing building or development
that is the subject of the development permit application;
f)
a copy of the Certificate of Title indicating ownership and any encumbrances;
g)
a description of how the form, mass and character of the proposed development will
relate to neighbouring development;
h)
Examples of exterior finishing materials;
i)
a detailed landscape plan of the entire site to show grading, tree planting, any tree
removals, grassed areas including the location and species of shrubs and trees,
playgrounds and parks;
j)
Location of driveways, parking areas and emergency access routing;
k)
an environmental site assessment, including but not limited to:
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Land Use Bylaw No. 865
Bylaw 19-911
i.
a geo-technical or floodplain study prepared by a qualified engineer if, in the
opinion of the Development Authority, the site is potentially hazardous or
unstable or is located within a floodway or flood fringe area;
ii.
a biophysical assessment;
iii.
a Phase One and/or Phase Two environmental site assessment, to determine
potential contamination and mitigation;
l)
a traffic impact analysis prepared by a qualified engineer specializing in
transportation engineering. Such an analysis shall address, but not be limited to,
impact of adjacent public roadways, pedestrian circulation on and off site, vehicular
circulation on and off the site, turning radius diagrams for large truck movements and
emergency vehicles on and off the site and any other information required by the
Development Authority;
m)
A parking study prepared by a qualified professional;
n)
A noise attenuation study prepared by a qualified professional;
o)
A report showing the effects of wind and shadows produced by the proposed
development;
p)
Copies of the plan of survey prepared by an Alberta Land Surveyor showing the site
to be developed;
q)
Information to assist in assessing any impact the proposed development may have
on utilities, municipal services, traffic circulation within the site and on adjacent
public roadways, land uses, tax base, community facilities, and other matters;
r)
Elevations of any signs proposed;
s)
deleted
t)
The Development Authority may require additional copies of plans, specifications and
information and, that information be provided in a digital format.
4.4.3
Bylaw 19-911
The Development Authority may also require additional information in order to assess the
conformity of a proposed development with this Bylaw before consideration of the development
permit application shall commence. Such information may include, but is not limited to, floor
plans, elevations and sections of any proposed buildings; drainage, grading and landscaping plans;
and, in the case of the placement of an already constructed or partially constructed building on a
parcel of land, information relating to the age and condition of the building and its compatibility
with the District in which it is to be located. In addition, such additional information may include
assessment by a registered professional engineer of any potential flooding or subsidence hazard
that may, in the sole opinion of the Development Authority, affect the subject site.
4.4.4
Bylaw 23-969
Each application shall be accompanied by a non-refundable processing fee, the amount of which
shall be established by Rates, Fees and Disbursement Bylaw set by Council.
4.4.5
Bylaw 19-911
Upon receipt of a Development Permit application, the Development Authority must review the
application for completeness within 20 days of the application being received. The Development
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
Authority shall provide the applicant either:
a)
A complete letter, if in the opinion of the Development Authority, the application
contains the information necessary to review the application;
b)
An incomplete letter if in the opinion of the Development Authority, the application
is incomplete. An incomplete letter shall specify:
i.
the additional information that the Development Authority will require in order
for the application to be considered complete;
ii.
the deadline for submission of the additional information or at such other later
date as agreed between the applicant and the Development Authority; and
iii.
any other information identified as being necessary by the Development
Authority
c)
Applications that have been issued an incomplete letter, will be
i.
Issued a complete letter once the Development Authority receives the
necessary information.
ii.
deemed refused if an applicant fails to submit all the outstanding items
indicated as being outstanding in the incomplete letter by the deadline set in
the incomplete letter, If an application is deemed refused the Development
Authority shall issue a Development Permit refusal. The refusal must give
reasons for the refusal.
d)
Despite the issuance of a complete letter or incomplete letter, the Development
Authority may request additional information from the applicant if, in the course of
reviewing the application, the Development Authority determines that additional
information is necessary to review the application.
4.4.6
Bylaw 19-911
An application for a development permit shall, at the option of the applicant, be deemed to be
refused if a decision on the application is not made by the Development Authority within forty
(40) days after receipt of the complete application by the Development Authority. The person
claiming to be affected by the deemed refusal may appeal in writing as provided for in Part 4 of
this Bylaw as though he has received a refusal at the end of the forty (40) day period. The
Development Authority and the applicant, may in a written agreement extend the 40 day period
in which the Development Authority is to make a decision on the application.
4.4.7
Bylaw 19-911
Upon receipt of an application for subdivision, the Subdivision Authority must review the
application for completeness within twenty (20) days of the application being received. The
Subdivision Authority shall provide the applicant either:
a)
A complete letter, if in the opinion of the Subdivision Authority, the application
contains the information necessary to review the application;
b)
An incomplete letter if in the opinion of the Subdivision Authority, the application is
incomplete. An incomplete letter shall specify:
i.
the additional information that the Subdivision Authority will require in order for
the application to be considered complete;
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
ii.
the deadline for submission of the additional information or such other later date
as agreed between the applicant and the Subdivision Authority; and
iii.
any other information identified as being necessary by the Subdivision Authority
c)
Applications that have been issued an incomplete letter, will be
i.
Issued a complete letter once the Subdivision Authority receives the necessary
information.
ii.
deemed refused if an applicant fails to submit all the outstanding items indicated
as being outstanding in the incomplete letter by the deadline set in the incomplete
letter. If an application is deemed refused the Subdivision Authority shall issue a
notice to the applicant that the subdivision application has been refused. The
refusal must give reasons for the refusal.
d)
Despite the issuance of a complete letter or incomplete letter, the Subdivision
Authority may request additional information from the applicant if, in the course of
reviewing the application, the Subdivision Authority determines that additional
information is necessary to review the application.
4.4.8
Bylaw 19-911
An application for a subdivision shall, at the option of the applicant, be deemed to be refused if a
decision on the application is not made by the Subdivision Authority within forty (40) days after
receipt of the complete application by the Subdivision Authority. The person claiming to be
affected by the deemed refusal may appeal in writing as provided for in Part 4 of this Bylaw as
though he has received a refusal at the end of the forty (40) day period. The Development
Authority and the applicant, may in a written agreement extend the 40 day period in which the
Development Authority is to make a decision on the application.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
4.5
DECISIONS ON DEVELOPMENT PERMIT APPLICATIONS
4.5.1
A development permit application for a use, which is not listed as a "Permitted Use" or a
"Discretionary Use" in the subject land use district, shall be refused.
4.5.2
Notwithstanding Sub-Section 4.5.1, if the proposed use of land or building is not provided for in
any land use district, in this Bylaw, the Development Officer may determine that such a use is
similar in character and purpose to a use listed under that land use district and may issue a
development permit, or recommend approval on a subdivision application.
4.5.3
Permitted Uses
In making a decision for a use listed under "Permitted Uses", the Development Officer:
a)
shall approve the application upon the use conforming with all aspects of the Bylaw;
or
b)
may approve the application if the use does not conform with the Bylaw, subject to
conditions necessary to ensure conformity; or
c)
may refuse the permit if the application does not conform with the Bylaw.
4.5.4
Discretionary Uses
In making a decision on an application for a use listed under "Discretionary Uses", the
Development Officer may:
a)
approve, either permanently or for a limited period of time, a development permit
application which meets the requirements of this Bylaw, with or without such
conditions as may be deemed necessary, based on the merits of the application,
including any approved statutory plan or approved policy affecting the site;
b)
refuse a development permit application on its merits even though it meets the
requirements of this Bylaw;
c)
refuse a development permit application which does not meet the requirements of
this Bylaw; or
d)
add such conditions as are necessary to ensure compliance with this Bylaw.
4.5.5
Bylaw 19-911
Environmental Site Assessment Reports
The Development Officer may require an Environmental Site Assessment Report as supporting
material to an application for a Development Permit or to a Land Use Redesignation Application,
where in the opinion of the Development Officer there may be a risk of any pre-existing
contamination on or near the Site; or the proposed Development may create an environmental
risk to other lands.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
Bylaw 19-911
If an environmental assessment, study or report of any kind is required as part of a provincial or
federal approval process for a Development, a Development Authority may require the Applicant
to provide a copy of the environmental assessment, study or report and may take its content into
consideration in making a decision on a Development Permit application or in making a
recommendation with respect to a Land Use Redesignation Application.
If a Development Officer concludes, based on the content of an Environmental Site Assessment
Report or any environmental assessment or study or report required by a provincial or federal
regulatory authority, that a proposed Development could have a negative impact on the
environment, then regardless of whether the Development is a Permitted Use or a Discretionary
Use the Development Officer may:
b)
Approve the issuance of a Development Permit upon such conditions as the
Development Officer deems advisable to mitigate negative impact on the
environment associated with the Development; or
c)
Refuse to approve the issuance of a Development Permit if the Development Officer
is of the opinion that there are no reasonable conditions of approval that could
adequately mitigate negative impact on the environment associated with the
Development.
i.
When an application for a development permit is refused, a written notice of
the decision will be mailed to the applicant or his agent, stating the reasons for
refusal.
A proposed Development does not conform to this Bylaw if, in the opinion of a Development
Officer, there are no reasonable conditions of approval that could adequately mitigate negative
impact on the environment associated with the Development.
4.5.6
The Development Officer may refer a development permit application to any agency in order to
receive comment and advice.
4.5.7
The Priority of Agriculture:
The Municipal District of Smoky River No. 130 is an agricultural community, and one, which
strongly desires the retention and maintenance of the agricultural sector. The Municipal District
wishes to see all landowners respect the farming operations and to act accordingly. It should be
realized by everyone that the first priority use for all lands capable of agricultural production
should be for farming. All residential uses of the Municipal District must recognize that the normal
sights, sounds, and smells of agricultural operations are part of the character of the rural
municipality.
The Municipal District intends to protect the agricultural base. While it is recognized that some
agricultural land will be used for other purposes and that some land uses will affect farming
operations, every attempt will be made to keep these losses to a minimum.
4.6
CONDITIONS OF A DEVELOPMENT PERMIT
4.6.1
The Development Officer may impose with respect to a permitted or discretionary use, any
conditions necessary to ensure compliance with the Bylaw.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
4.6.2
As a condition of development approval, an applicant may be required to enter into an agreement
with the Municipal District of Smoky River No. 130, with regard to any or all of the following:
a)
the construction and/or upgrading of any public roadways required to give access to
the development;
b)
the installation of utilities necessary to serve the development, including but not
limited to:
i.
water servicing (a quality and quantity suitable for domestic use and fire
protection)
ii.
sewer servicing (a sewage disposal system to Provincial standards);
c)
the construction of off-street or other parking facilities, or the construction of loading
or unloading facilities;
d)
the construction of
i.
a pedestrian walkway system to serve the development, or
ii.
pedestrian walkways to connect the pedestrian walkway system serving the
development with a pedestrian walkway system that serves or is proposed
to serve an adjacent development, or both;
e)
the mitigation of any nuisance or hazard factors associated with the development;
f)
landscaping and buffering requirements such as fences, berms, vegetation cover;
g)
signage;
h)
emergency management provisions;
i)
storm water management;
j)
environmental protection measures;
k)
finished construction grade of the development;
l)
an off-site levy;
m)
a performance bond or letter of credit;
n)
hold harmless conditions; or
o)
other conditions considered necessary, depending on the nature of the proposed
development.
4.6.3
Where the subdivision of land is involved in a proposed development, no development permit will
be issued until all terms of subdivision approval have either been fulfilled, or addressed under a
developer's agreement.
4.6.4
As a condition of development approval, an applicant may be required to enter into a Road Use
Agreement with the Municipal District of Smoky River No. 130.
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Land Use Bylaw No. 865
4.7
LETTERS OF COMPLIANCE
4.7.1
Where any development has taken place in conformance with a development permit, and the
conditions, if any, attached to the permit have been fulfilled, a Development Officer may issue a
Letter of Compliance stating that the development conforms to the requirements of this Bylaw.
A real property report completed by a qualified land surveyor within the last three years will be
required prior to issuing the Letter of Compliance. If the real property report was completed on
said property more than three years ago and no changes have occurred on the property, the
development officer may use that report, provided a statutory declaration stating that no changes
have occurred is provided.
4.7.2
Bylaw 23-969
A Letter of Compliance is subject to a fee based on the Rates, Fees and Disbursement Bylaw set by
Council.
4.8
PAYMENT OF TAXES
4.8.1
As a condition of development permit approval, the Development Officer may require the
applicant to make the necessary arrangements to ensure that all outstanding property taxes are
paid in full at the time of the development permit approval or arrangements are to be made to
the satisfaction of the Municipal District.
4.9
TIME LIMITS
4.9.1
The Development Officer shall consider and decide on an application for a development permit
within forty (40) days of receipt of the application in its complete and final form.
4.9.2
The application shall, at the option of the applicant, be deemed refused when a decision is not
made within forty (40) days of receipt of the application in its complete and final form.
4.9.3
If a decision is not made within the forty (40) day time period specified in 4.9.1 above, the applicant
may enter into an agreement with the Development Officer to extend the forty (40) day period.
4.9.4
Bylaw 19-911
A development permit automatically takes effect twenty-one (21) days after the decision of
approval. If an appeal is lodged with the Subdivision and Development Appeal Board, the
development permit approval is suspended until the appeal has been determined.
4.9.5
4.9.6
Bylaw 23-969
A development permit becomes void after twelve (12) months from the date of approval if the
development has not commenced. The Development Officer may approve an extension not
exceeding three (3) months.
A development permit becomes void after twenty-four (24) months from the date of approval if
the development has not been completed. The Development Officer may approve an extension(s).
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
4.10 RE-APPLICATION FOR A DEVELOPMENT PERMIT
4.10.1
When an application for a development permit has been refused, no further applications will be
received by the Development Officer, for the same or similar use on that parcel of land, for a period
of six (6) months after the date of refusal.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
4.11 PUBLIC NOTIFICATION
4.11.1
Bylaw 23-969
4.11.2
4.11.3
Bylaw 23-969
4.11.4
Bylaw 23-969
4.11.5
Bylaw 23-969
When a Development Permit has been issued for a Permitted Use, with or without conditions,
the Notice of Decision must be provided to the applicant by mail, electronic mail and/or hand
delivery.
In addition to 4.11.1, the Development officer shall:
(a)
Immediately advertise a notice of the decision to be published on the Municipal
District of Smoky River's website.
When a Development Permit for a Permitted Use requiring a variance or a Development Permit
for a Discretionary Use is approved, with or without conditions or variances, the Notice of
Decision must be provided to the applicant by mail, electronic mail and/or hand delivery.
In addition to 4.11.3, the Development Officer shall:
(a)
Immediately mail a notice in writing to all owners of land adjacent to the subject
site; and/or
(b)
Immediately advertise a notice of the decision to be published on the Municipal
District of Smoky River's website.
In addition to 4.11.4, the Development Office may at their discretion, do any or all of the
following:
(a)
Immediately post a notice of the decision conspicuously on the property for
which the development permit application has been issued.
4.11.6
When an application for a development permit is refused, a written notice of the decision will be
mailed to the applicant or his agent, stating the reasons for refusal.
4.11.7
Notice of the decision of the Development Officer is deemed to have been given on the date of
publication of the notice in the newspaper, or in the case of a refusal, on the date the applicant or
his agent receives notice.
4.12 CONTRAVENTION, ENFORCEMENT AND PENALTIES
4.12.1
No person shall make use of land in a manner contrary to the provisions of the Act, this Bylaw or
a development permit issued under this Bylaw.
4.12.2
Where the Development Officer finds a development which is not in accordance with the Act, this
Bylaw or the terms and conditions of the development permit, the Development Officer may, in
writing, order the registered owner or the person in possession of the land or the person
responsible for the contravention of any or all of them to:
a)
stop the development or the use of land or buildings in whole or in part as directed
by the notice; or
b)
demolish, remove or replace the development; or
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
c)
take such measures specified in the notice so that the development or use of the land
or buildings is in accordance with the Act and its regulations, a development permit,
subdivision approval or this Bylaw as the case may be, within the time specified by
the notice.
4.12.3
If a person fails or refuses to comply with a stop order, or an order of the Subdivision and
Development Appeal Board or Council or person appointed by it, the Development Officer or
person appointed by Council may, in accordance with the Act, enter upon the land or building and
take such action as is necessary to carry out the order.
4.12.4
When Council, or person appointed by it carries out an order, 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.
4.12.5
For the purpose of entering and inspecting land or buildings as described in the Act, the
Development Officer is hereby declared to be designated officer.
4.12.6
Under the Act a person who contravenes or fails to comply with any provision of this Bylaw is guilty
of an of fence, and is liable upon summary conviction to a fine or imprisonment.
4.12.7
A Development Officer may suspend or revoke a development permit, if the permit or any
conditions attached to the permit have not been complied with.
4.13 METHOD OF APPEALS
4.13.1
Bylaw 23-969
The procedures for appealing a decision on a development permit are governed by the Act and
the Appeal Body, attached to this Bylaw as Schedule C.
4.13.2
Bylaw 19-911
A decision on a development permit application may be appealed by serving either in person or
by registered mail, a written notice of appeal to the Clerk of the Appeal Body within twenty-one
(21) days of the date on the Notice of Decision. Any development proceeded with by the applicant
prior to the expiry of this period is done solely at the risk of the applicant.
4.14 THE APPEAL PROCESS
4.14.1
Bylaw 23-969
The Secretary to the Appeal Body shall ensure that a notice of appeal is sent to all persons required
to be notified under the provisions of the Appeal Body Bylaw.
4.14.2
When notice has been served on the Secretary to the Subdivision and Development Appeal Board
with respect to the decision to approve a development permit application, the development
permit application shall not be effective before:
a)
the decision on the permit has been upheld by the Subdivision and Development
Appeal Board; or
b)
the Secretary to the Subdivision and Development Appeal Board has received written
notification from the applicant that the appeal has been abandoned.
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4.14.3
If the decision to refuse a development permit is reversed by the Subdivision and Development
Appeal Board, the Board shall direct the Development Officer to issue a development permit in
accordance with the decision of the Board.
4.14.4
If the decision to approve a development permit is reversed by the Subdivision and Development
Appeal Board, the Board shall direct the Development Officer to issue a development permit in
accordance with the terms of the decision of the Board.
4.14.5
If the decision to approve a development permit application is varied by the Subdivision and
Development Appeal Board, the Board shall direct the Development Officer to issue a
development permit in accordance with the terms of the decision of the Board.
4.15
DEVELOPMENT AGREEMENTS AND SECURITIES
4.15.1
Bylaw 23-969
At the sole discretion of the MD of Smoky River, the MD may require the landowner to enter into
a Development Agreement at the time of subdivision approval and/or development permit
approval. The development agreement may include:
a)
Financial security
b)
Form of security
c)
Development timelines
d)
Offsite infrastructure / municipal improvements
e)
Onsite infrastructure / municipal improvements
f)
Reclamation
g)
Decomissioning Plan
h)
Acceptance of municipal improvements
i)
Maintenance of municipal improvements
j)
Any other item deemed necessary by the MD of Smoky River
4.15.2
Bylaw 23-969
When a development agreement is required, the MD of Smoky River's legal cost associated with
preparing the Development Agreement will be the responsibility of the landowner and
developer/applicant.
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SECTION FIVE - LAND USE BYLAW AMENDMENTS
5.1
CONTENTS OF A BYLAW AMENDMENT APPLICATION
5.1.1
Bylaw 16-888
Bylaw 19-911
All amendments to this Bylaw shall be made in writing to the Development Officer on the
prescribed form, and shall be signed by the applicant or his agent. The Development Officer may
require any of the following information to accompany an application to amend this Bylaw.
a)
the certificate of title for the lands affected or other documentation satisfactory to
the Development Officer stating an interest in the subject land, or written consent
from the owner;
b)
a statement of reasons for requesting the amendment;
c)
if the amendment requires a land use redesignation, a properly dimensioned map
indicating the proposed/affected site. All drawings must be completed and drawn on
standard drafting material to the satisfaction of the Development Officer;
d)
where the applicant is an agent acting on the behalf of the owner, a letter indicating
the agent's authority to make an application; and
e)
any additional information required by the Development Officer or Council.
5.1.2
Bylaw 23-969
A non-refundable application fee, for the purposes of processing the application, is to accompany
each application. This fee will be established by the Rates, Fees and Disbursements Bylaw by
Council.
5.1.3
The Development Officer may refuse to process an application if the information required has not
been supplied, or if in his opinion it is of inadequate quality to properly evaluate the application.
5.2
PROCESS FOR AMENDING THIS BYLAW
5.2.1
When a complete application is received it shall be referred to:
a)
the Municipal District administration for the drafting of a proposed Land Use Bylaw
amendment.
b)
Council for the first reading and to establish a date for a public hearing to be held
prior to the second reading.
5.2.2
The Development Officer may refer an amendment application to any agency in order to receive
comment and advice.
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5.3
PUBLIC NOTIFICATION
5.3.1
Bylaw 23-969
Notice of the Land Use Bylaw Amendment application shall be as per the Communication Bylaw,
this notice shall contain:
a)
the legal description of the land;
b)
the purpose of the proposed amending Bylaw;
c)
the one or more places that a copy of the proposed amending Bylaw may be
inspected by the public during reasonable hours;
d)
the one or more dates, places, and times that Council will hold a public meeting on
the proposed amending Bylaw;
e)
an outline of the procedures to be followed by anyone wishing to be heard at the
public hearing; and
f)
an outline of the procedures by which the public hearing will be conducted.
5.4
PUBLIC HEARING
5.4.1
At the public hearing, Council shall hear:
a)
any person or groups of persons or the person acting on their behalf who:
i.
has complied with the procedures outlined by Council, and
ii.
claims to be affected by the proposed Bylaw
b)
any other person who wishes to make representations and whom Council agrees to
hear.
5.4.2
Council, after considering any representations made to it concerning the proposed Bylaw, any area
structure plan and area redevelopment plan affecting the application and the provision of this
Bylaw may:
a)
make such changes as it considers necessary to the proposed amendment, and
proceed to pass the proposed amendment, or
b)
defeat the proposed amendment.
5.4.3
Council on its own initiative may undertake an amendment to this Bylaw.
5.4.4
If an amendment has been refused pursuant to this Bylaw, the submissions of another application
for a Bylaw amendment on the same parcel of land for the same or similar use shall not be
accepted by the Development Officer until six (6) months after the date of the refusal.
5.4.5
Council may waive the 6 month period and hear a new application for amendment, if at their
discretion the reasons for the refusal have been adequately addressed or the circumstances of the
application have materially changed.
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SECTION SIX - GENERAL REGULATIONS
6.1
ACCESSORY BUILDINGS AND USES
6.1.1
For the purpose of calculating yard setbacks and site coverage requirements as provided in the
Bylaw, when an accessory building is attached to the principal building on a site by a roof, an open
or enclosed structure, a floor, or a foundation, it is to be considered a part of the principal building
and not as an accessory building.
6.1.2
Bylaw 23-969
No side yard is required for any accessory building in a residential district or an industrial district
where a mutual wall is erected on a common property line and is constructed in compliance with
Safety Code requirements; there will be no overhang of eaves; and all drainage is confined to the
site. A party wall agreement satisfactory to the Development Officer shall be signed by both
owners and registered against both properties at the Land Titles Office.
6.1.3
The total combined area of all accessory buildings shall not exceed twenty (20) percent of the site
area, unless otherwise agreed by the Development Officer, having regard to the potential impact
upon neighbouring properties.
6.1.4
An accessory building shall not exceed 4.57 metres (15 feet) in height, unless otherwise approved
by the Development Officer, having regard to the impact of the development on the occupiers of
neighbouring properties or the general appearance of the neighbourhood.
6.1.5
6.1.6
Bylaw 23-969
All accessory buildings shall be set back at least 0.31 metre (1 foot) from all lot lines, including
building overhangs.
An accessory building shall not be used as a secondary suite unless a development permit has been
issued.
6.1.7
Accessory buildings shall not encroach onto adjacent properties.
6.1.8
No accessory building or structure shall be located in a front yard.
6.1.9
No accessory building or structure shall be built, placed or located over an easement.
6.1.10
When a site abuts a lane 6.0 m (19.7 ft) or less in width, the Development Officer may require a
rear yard setback greater than the prescribed minimum.
6.1.11
All fabric structures shall:
a)
be properly maintained and anchored;
b)
meet the minimum required setbacks for accessory buildings; and
c)
not exceed the maximum site coverage as specified in the district regulations.
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6.1.12
Bylaw 19-911
Decks, balconies, sunrooms and the like shall not be constructed on top of an accessory building
unless the setbacks of the accessory building comply with the allowable setbacks for the principal
building in that district.
6.1.13
Bylaw 19-911
No person shall construct or utilize an accessory building except in compliance with this section.
6.1.14
Bylaw 19-911
Accessory buildings shall be constructed with exterior finish materials that compliment those of
the principal building.
6.2
BUILDING SETBACKS
6.2.1
Setbacks will be calculated from the foundation wall of the building or structure.
6.3
CAR WASHING, TRUCK STOP AND TRUCK WASHING ESTABLISHMENTS
6.3.1
Car washing, truck stop and truck washing establishments shall only be permitted if the
Development Authority is satisfied that such developments shall not adversely affect the
functioning of surrounding roads, traffic circulation or adjacent uses.
6.3.2
The car washing, truck stop and truck washing establishments shall:
a) provide queuing space for eight (8) vehicles prior to their entry into any part of the
cleaning process;
b)
provide sufficient space for turning and maneuvering of vehicles; and
c)
not interfere with other vehicular or pedestrian movements.
6.3.3
Developments shall conform to provincial regulations and legislation. Development permit
applications may be referred to Alberta Environment and Sustainable Resource Development for
information and advice.
6.4
COMMUNICATION TOWERS AND FACILITIES
6.4.1
In all cases, the process outlined in this section does not usurp any federal decision making
authority, nor does it confer a right of veto to the Municipal District in the location of
telecommunication facilities.
6.4.2
Industry Canada is responsible for regulating telecommunication in Canada and for authorizing the
location of telecommunication facilities. In making its decision regarding facilities, Industry Canada
considers the following:
a)
The input provided by the municipality;
b)
Compliance with Transport Canada's painting and lighting requirements for
aeronautical safety;
c)
Health Canada's guidelines respecting limits of exposure to radio frequency fields;
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Land Use Bylaw No. 865
d)
Environment Canada may require an environmental assessment in order to comply
with the Canadian Environmental Assessment Act.
6.4.3
The Development Authority shall provide recommendations to Industry Canada with respect to
proposed telecommunication facilities, and will encourage the following:
a)
Telecommunication facilities should be located in a manner that minimizes the
impact on the natural environment and residential communities while recognizing
the unique location requirements for siting these facilities.
b)
Unless demonstrated to be impractical, transmission antennae shall be mounted on
existing structures (including buildings or towers) or within transportation or utility
corridors.
c)
Co-location opportunities should be explored.
d)
Facilities and equipment should be camouflaged and have the appearance and
aesthetic of the buildings in the affected land use district. Use of appropriate
vegetation and screening is encouraged.
e)
Facilities and equipment should demonstrate that consideration has been given to
minimize the risks to birds
f)
All communication towers, facilities and visible accessory equipment should meet the
minimum setback requirements of the district in which it is located. Guy wires and
other supporting structures should be set back a minimum of 15.24 metres (50 feet)
from any lot line.
g)
No communication towers shall be located within the Donnelly Airport Vicinity
Protection Area
h)
Communication towers and facilities should be appropriately fenced to the
satisfaction of the Development Officer to prevent access to the base of the tower
and any other supporting structures.
i)
The use of any portion of a communication tower or facility for erecting signs, other
than signs for warning or equipment information, is prohibited.
j)
When communication towers and facilities become obsolete, they shall be
immediately removed and the development site reclaimed.
6.4.4
Applicants must submit a development permit application and the applicable fee to the
Development Authority.
6.4.5
The applicant shall place a notice in two consecutive issues of the local newspaper that includes
the following information:
a)
A description of the proposed installation, including physical details of the structure;
b)
Its location and address;
c)
The carrier;
d)
The date, time, location of a public open house, if required;
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e)
The applicant's contact information;
f)
An invitation to provide public comments to the applicant within thirty (30) days of
the notice.
6.4.6
Notices shall be sent by the applicant to property owners within a radius of six times the height of
the proposed telecommunication facility.
6.5
CONFINED FEEDING OPERATIONS
6.5.1
For the purpose of administering and directing the siting of Confined Feeding Operations in
partnership with provincial authorities, Council shall refer to the provisions and guidelines
contained within the Municipal District of Smoky River No. 130 Municipal Development Plan.
The MD shall not support an application for a new or expanded Confined Feeding Operation that
does not reflect the direction and intent of the Municipal Development Plan. Further, any
application for a development permit that is contrary to the provisions contained within the MDP
policy framework shall be refused.
6.6
CONSTRUCTION NEAR HAZARDOUS SITES
6.6.1
All development near a sour gas facility shall be in accordance with Alberta Energy Regulator.
6.7
CORNER LOTS
6.7.1
All corner lots are subject, but not limited to, the following restrictions:
a)
No person shall place or maintain in or upon that portion of a lot or site within a sight
triangle, a building, fence, wall, tree, hedge, sign, or other structure over 1 metre
(3.28 feet) in height, if such objects or structures, in the opinion of the Development
Officer, interfere with traffic safety;
b)
All corner lots shall comply with a sight triangle, with the setbacks set out below:
Road Type
Distance
Local Roads
30.48 metres (100 feet)
Hamlet Roads
4.57 metres (15 feet)
Internal Subdivision Roads
7.62 metres (25 feet)
Highways
As required by Alberta Transportation
6.8
CROWN LAND
6.8.1
Proposed developments on Crown Land requiring a development permit are subject to the
appropriate disposition first being obtained from the Public Lands Division. This disposition might
be in the form of a lease, license, or disposition issued by Public Lands showing the applicant has
an interest in the land.
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6.9
DEVELOPMENT NEAR AIRPORTS
6.9.1
Subdivision and/or development proposals located within the Donnelly Airport Vicinity Protection
Area boundary, in whole or in part, shall be required to conform to the provisions of the Donnelly
Airport Vicinity Protection Area Regulation.
6.9.2
The Donnelly Airport Vicinity Protection Area Regulation shall be included as Schedule A of this
Bylaw.
6.10 DUGOUTS/BORROW PITS
6.10.1
Dugouts shall be set back a minimum distance as follows:
a)
From any property line: 15.24 metres (50 feet)
b)
From a road allowance:
30.48 metres (100 feet)
6.11 ENVIRONMENTAL SENSITIVE LANDS
6.11.1
Bylaw 19-911
When reviewing development permit applications on lands which may be considered to be
environmentally sensitive, include lakeshore lands, rivers, wetlands, critical wildlife habitat,
natural areas, reserves, parks, floodplain area, floodprone areas, The Municipal District Council,
the Development Officer or the Subdivision and Development Appeal Board may require and
consider the following as part of a development permit application, an application to amend this
Bylaw, an application for subdivision approval, an application to amend a statutory plan, or an
appeal:
a) An environmental report or development impact assessment prepared by a qualified
third-party, including but not limited to:
i.
a geo-technical study, prepared by a registered professional engineer recognized
by the Association of Professional Engineers, Geologists, and Geophysicists of
Alberta as one specializing in geo-technical engineering, addressing the proposed
development. The geo-technical study will establish building setbacks from
property lines based on the land characteristics of the subject property;
ii.
a certificate from a registered professional engineer recognized by the Association
of Professional Engineers, Geologists, and Geophysicists of Alberta as one
specializing in geo-technical engineering certifying that the design of the proposed
development was undertaken with full knowledge of the soil and slope conditions
of the subject property;
iii.
a certificate from a registered professional engineer recognized by the Association
of Professional Engineers, Geologists, and Geophysicists of Alberta as one
specializing in geo-technical engineering when the proposed development
includes cut and/or fill sections on slopes, including the addition of fill to the
subject property.
iv.
Elevation of the site as prepared by a qualified surveyor or engineer.
v.
Proposed elevation of main floor of residential buildings as prepared by a qualified
surveyor or engineer.
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vi.
A statement and/or analysis, which demonstrates the suitability of the
development to the site as compared to other locations on the parcel.
b) Comments and recommendations from Alberta Environment and Sustainable Resource
Development or other appropriate provincial agencies.
6.11.2
Bylaw 19-911
The Development Officer may set conditions of approval for a Development Permit Application on
land which is considered environmentally sensitive, and/or floodprone.
6.11.3
Developments shall be setback the following minimum distances from the top of the bank of the
watercourses and water bodies which have the following valley depths:
DEPTH OF VALLEY
SETBACK
Less than 7.62 m (25 ft)
At the discretion of the Development Officer
Greater than 7.62 m (25 ft) and
less than 15.24 m (50 ft)
22.86 m (75 ft)
Greater than 15.24 m (50 ft) and
less than 30.48 m (100 ft)
45.72 m (150 ft)
Greater than 30.48 m (100 ft)
60.96 m (200 feet)
6.11.4
Bylaw 19-911
Minimum setback requirements from water bodies and watercourses shall be based upon access
requirements to the shoreline and developability of the site and an Environmental Site Assessment
prepared by a qualified professional. At the discretion of the Development Officer, the required
setback for watercourses and water bodies may be varied after recommendations from a
registered professional engineer, and Alberta Environment and Sustainable Resource
Development.
6.11.5
Notwithstanding that a proposed development conforms in all respects with this Bylaw, where a
development application occurs on lands which are or may be subject to flooding, erosion or
subsidence, the Development Officer shall not issue a development permit unless the applicant
can demonstrate that preventative engineering and construction measures can be used to make
the site suitable for the proposed development.
6.11.6
The Municipal District shall have the right to enter upon private land to carry out such
improvements and repairs to the subject property to maintain the stability of the subject property
which, if not corrected, could adversely affect other private and/or public lands and such right-of-
entry shall be contained in an easement registered against the certificate of title for the subject
property.
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6.12 EXTERIOR LIGHTING
6.12.1
All development in the Municipal District of Smoky River No. 130 will strive to preserve the night
environment through the reduction of light pollution by the provision of quality outdoor lighting,
while ensuring safety and security.
6.12.2
The following lighting fixtures, uses or buildings are exempt from the exterior lighting regulations:
a)
lighting fixtures with a lumen output of 2,000 lumens or less (a typical 100 watt
incandescent light produces about 1,500 to 1,700 lumens);
b)
all lighting required by provincial or federal agencies or departments, or installed by
the Municipality on a public roadway;
c)
lighting used for security purposes controlled by a sensor, or as required for
emergency lighting within the Alberta Building Code;
d)
temporary lighting used during construction, agricultural activities, civic activities,
holiday displays, or an emergency; and
e)
lighting placed underwater to illuminate outdoor swimming pools or water features.
6.12.3
Exterior lighting fixtures shall be located and arranged to minimize light trespass on adjacent
properties, and shall be full cut-off or fully shielded fixtures.
6.12.4
Exterior lighting shall not interfere with the effectiveness of traffic control devices or the vision of
motorists, while maintaining a safe and secure on-site illumination level, and shall not be flashing,
strobing, or revolving.
6.12.5
Bylaw 23-969
A lighting plan may be required for a development permit application within the Commercial,
Industrial, Commercial-Industrial, Hamlet and Recreation Districts, for multi-dwelling unit
developments or for any other development, at the discretion of the Development Officer.
6.12.6
A lighting plan shall contain the following information:
a)
a description of the type, luminous output and number of each light fixture to be
used;
b)
a description of the method of mounting and height of each fixture at mounting; and
c)
a site plan showing the location of all light fixtures.
6.13 HEIGHT OF BUILDINGS
6.13.1
Subject to the provisions of other sections of this Bylaw, the Development Officer may regulate
the height of buildings on a site for a development where a Development Permit is required based
on firefighting capabilities, aesthetics and/or other reasons deemed necessary by the
Development Officer.
6.14 HOME-BASED BUSINESSES
6.14.1
Home-based businesses shall be limited to those uses which are approved by the Development
Officer. Those uses shall not interfere with the amenities of the neighbourhood.
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6.14.2
Home-based businesses (minor) shall be incidental and subordinate to the principal residential
use and shall be restricted to the dwelling unit. In addition, such home-based businesses shall not:
a)
employ any person other than the occupants of the on-site dwelling unit;
b)
occupy an area greater than 30.0 square metres (323 square feet);
c)
require alterations to the principal building unless approved by the Development
Officer as part of a development permit;
d)
create a nuisance by way of dust, noise, smell, smoke, or traffic generation;
e)
have outside storage of materials, goods, or equipment on or off the site; or
f)
display any form of commercial advertising, wares, or products discernible from the
outside of the building, but may display one sign. This sign shall be unlighted and will
not exceed 903.22 square centimetres (140 square inches) in a window or affixed to
the exterior of the building.
6.14.3
Home-based businesses (major) shall be incidental and subordinate to the residential use and shall
be restricted to the residential yard site. In addition, such home-based businesses shall:
a)
not employ any more than five (5) people other than the occupants of the principal
on-site residential building;
b)
not store or maintain any goods, materials, or equipment not directly related to the
operation;
c)
not create a nuisance by way of dust, noise, smell, smoke, or traffic generation;
d)
be confined to a limited area not to exceed 1.21 hectares (3 acres) in size; and
e)
limit on-site advertising to one unlighted sign not to exceed 1.02 square metres (11
square feet).
f)
require a road use agreement between the Municipal District and the business
operator.
6.14.4
Bylaw 19-911
Home-based businesses that grow to exceed the description home-based business (major) should
apply for a land use redesignation or relocate the business to appropriately zoned land within the
Municipal District.
6.14.5
Bylaw 19-911
The Development Authority has the discretion to refuse a Home Based Business permit application
if the proposed use would be better suited in a commercial or industrial district.
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6.15 KENNELS
6.15.1
The Development Officer may, when issuing a development permit, determine the maximum
number of dogs that may be kept at any one time by the operator of a private or commercial
kennel. In determining the maximum number of dogs, the Development Officer shall take into
account:
a)
the size of the property;
b)
the use of adjacent properties;
c)
the setback distances to any property line or residential dwelling on an adjacent
property; and
d)
noise attenuation measures.
6.15.2
In determining the number of dogs, pups less than six (6) months of age shall not normally be
included.
6.15.3
The setback distances specified in the district in which a kennel is located shall apply to all
structures or facilities used in the kenneling operation, regardless of size or function of the
structure or facility. The Development Officer may vary the required setback distance if deemed
necessary.
6.15.4
No buildings, pens, rooms, exercise runs or holding stalls used to accommodate the dogs shall be
allowed within 300.0 metres (984.25 feet) of an existing dwelling located on an adjacent lot.
6.15.5
All dog facilities, including buildings and exterior exercise areas, shall be located to the rear of the
principal building and visually separated from the reception area of a commercial kennel, unless
otherwise approved by the Development Officer.
6.15.6
The Development Officer may require visual screening of the kennel, which may include fencing,
landscaping and berming.
6.15.7
Pens, rooms, exercise runs, and holding stalls shall be adequately soundproofed, if deemed
necessary by the Development Officer.
6.15.8
The Development Officer may require dogs to be kept indoors between the hours of 7:00 p.m. and
8:00 a.m., except when on leashed walks.
6.15.9
Where kennels are to be located near known wildlife corridors or habitat areas, there shall be
strict measures incorporated into the design of the development and operating procedures to
ensure that dogs are securely restrained at all times.
6.15.10
Kennels shall be operated in accordance with provincial health regulations and, in particular, feces
and similar wastes shall be disposed of in a manner acceptable to the public health authority.
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6.15.11
A development permit issued for a kennel may be issued for a period up to five (5) years, and is
subject to immediate revocation if the kennel is not developed or operated in accordance with the
conditions of approval or if the kennel is deemed by the Development Officer to be having an
adverse effect on the amenities of the area or nearby properties.
6.16 LANDSCAPING AND SCREENING
6.16.1
All new residential and non-residential development shall provide landscaping in compliance with
this bylaw.
6.16.2
The provisions of this section do not apply to:
a)
Accessory Buildings
b)
Construction or alteration of an existing single detached dwelling
c)
Development in the Agricultural District
6.16.3
Any portion of a site not occupied by buildings, pedestrian pathways, storage or parking areas shall
be landscaped.
6.16.4
Existing trees and large shrubs on a site shall be preserved, protected or replaced where possible.
6.16.5
Plant materials shall be hardy to the region and to the location of the site in which they are planted.
6.16.6
Any area required to be landscaped may, at the discretion of the Development Officer, be left in
its natural state or landscaped with a combination of hard and soft landscaping materials.
6.16.7
New plantings shall be a minimum of:
a)
Coniferous trees: 1.20 metres (3.94 feet) in height
b)
Deciduous trees: 50 millimetres (1.97 inches) in calliper
c)
Shrubs: 0.5 meters (1.64 feet) height or spread
6.16.8
A landscaping plan must be submitted as part of each development permit application, where
changes are proposed to the parcel or building. Where a landscaping plan is required, no
landscaping work shall commence until the landscaping plan is approved by the Development
Officer and shall include the following:
a)
boundaries and dimensions of the site;
b)
adjacent land uses;
c)
location and name of adjacent roads, lanes, driveways entrances, sidewalks and
trails;
d)
footprint and dimensions of all buildings;
e)
location of any utility right-of-ways;
f)
pedestrian circulation and open space systems;
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g)
location and description of any existing or proposed physical features such as fences,
berms, retaining walls, outdoor furniture, decorative paving, water features;
h)
location and description of any hard landscaping materials, such as rocks or mulching;
i)
location and description of any existing or proposed plant materials, identifying plant
common and botanical names, quantity and size at planting; and
j)
site area proposed to be landscaped and percent of site coverage.
6.16.9
Where landscaping is required, the finished grade of the landscaping must be compatible with
neighbouring properties, to ensure effective drainage on site.
6.16.10
At the discretion of the Development Officer, a landscaping plan may be required to be stamped
by a registered Landscape Architect.
6.16.11
The Development Officer may require as a condition of a development permit or development
agreement that the developer provides a landscaping security deposit, and that the security
deposit shall only be returned in full to the developer upon completion of the landscaping
according to the approved plan, to the satisfaction of the Development Officer.
6.16.12
The owner of the property, or any successors or assignees, shall be responsible for landscaping
and proper maintenance for the life of the development. In the event that planting materials in an
approved landscaping plan fail to survive, the Development Officer may require or approve
alternate planting materials.
6.17 LIVESTOCK IN RESIDENTIAL DISTRICTS
6.17.1
No person shall keep, or permit to be kept in any part of the yard in any Hamlet District:
a)
Animals, with the exception of fowl, equivalent to 0.5 of an animal unit, as defined
by the table in 6.17.3 and dogs, cats and such other usual domestic pets as are kept,
providing that these pets are kept under the condition that they do not act as a
nuisance or reduce the amenities of the area; and
b)
Any pets or domestic animals on a commercial basis, except for an approved pet store
or Kennel.
6.17.2
In a Country Residential District, the following shall apply:
a)
Livestock, with the exception of fowl, shall not be permitted on a parcel with an area
of less than 0.40 hectares (1 acre).
b)
One (1) animal unit of fowl shall be permitted on a parcel with an area of less than
0.40 hectares (1 acre).
c)
Livestock shall be limited to no more than one (1) animal unit per 0.40 hectares (1
acre), to a maximum of six animal units per parcel as defined by the table in 6.17.3.
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6.17.3
Bylaw 23-969
Type of Livestock
Number of animals equivalent to one
animal unit
Cow (plus calf under 12 months)
1
Horse (plus colt under 12 months)
1
Sheep/Goats/Pigs (excluding wild boars)
2
Fowl (Chicken, Ducks, Geese)
12
6.17.4
Adequate fencing and/or buffering shall be constructed to the satisfaction of the Development
Authority to ensure the on-site confinement of livestock and to reduce the impact of noise, odour
and/or visual presence on surrounding properties.
6.17.5
Adequate measures if required by Alberta Agriculture and Rural Development under the
Agricultural Operation Practices Act (AOPA) and/or the local Health Authority, for the disposal of
animal wastes shall be provided to the satisfaction of the Development Authority.
6.17.6
Bylaw 23-969
6.17.7
Wild Boars and feral pigs are strictly prohibited in the MD of Smoky River.
Other species of animal not specifically included in the 6.17.3 may be considered at the discretion
of the Development Officer.
6.18 LOCATION OF PRESSURE VESSEL STORAGE FACILITIES
6.18.1
Upon receipt of a development permit application for a development which includes a pressure
vessel container with a storage capacity exceeding 45,461 litres (10,000 gallons), the Development
Officer will require the applicant to include:
a)
A site plan detailing the location of each pressure vessel;
b)
An approved emergency response plan, detailing procedures in the event of a
pressure vessel rupture or explosion;
i.
If the storage vessel is enclosed within a security fence, there must be at least
two escape exits located at opposite ends of the vessel. An exit route with a
minimum width of 1 metre leading to exits in the fence must be kept clear at
all time and,
ii.
If the storage vessel is located in a fenced yard, there must be at least two
escape exits located at opposite ends of the yard or near opposite ends. The
main gate may function as one of these exits.
c)
Where applicable, a contact person and the location of the nearest emergency
response team provided by the product vendor.
6.18.2
Bylaw 23-969
The minimum distances from occupancies for pressure vessel storage facilities for materials such
as anhydrous ammonia, propane, oxygen, etc. with a water capacity exceeding 45,460 litres
(10,000 gallons) should be:
a)
1.61 kilometres (1 mile) of the designated boundaries of any settlement, hamlet or
town as established through the Municipal District of Smoky River No. 130 Land Use
Bylaw; or
b)
800 metres (0.5 mile) of an existing residence.
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6.18.3
All pressure vessel containers shall be constructed, located, and inspected in accordance with the
provisions of the Alberta Safety Codes Act, and its regulations.
6.18.4
Upon receipt of an application for a Development Permit which includes a pressure vessel with a
water capacity exceeding 45,460 litres (10,000 gallons), the Development Officer shall refer the
development proposal to the applicable fire department fire chief for his/her comments and
recommendations.
6.18.5
Upon receipt of a Development Permit Application for a development which includes a pressure
vessel container with a water capacity exceeding 45,460 litres (10,000 gallons), the Development
Officer shall consider:
a)
The material to be stored in the pressure vessel(s);
b)
The ability of the local fire department to respond to an accident involving the
proposed development; and
c)
The truck route through the community which will be used to service the proposed
development.
6.19 MANUFACTURED HOMES
Bylaw 16-887
6.19.1
Bylaw 19-911
Development Permits for a Manufactured home units shall have:
a)
Third party certification from an accredited inspection agency including the Canadian
Standard Association (CSA), Intertek or Quality Auditing Institute (QAI).
b)
Alberta Municipal Affairs Label.
c)
Model number.
d)
Manufactured home unit serial number.
6.19.2
Bylaw 19-911
Before a development permit is issued for a manufactured home, the Development Authority
should receive verification that the home fully complies with 6.19.1(a) and 6.19.1(b). If the
required documentation is missing, the Development Authority may require an inspection by an
Alberta Safety Codes Officer.
6.19.3
Bylaw 23-969
Should an inspection by an Alberta Safety Codes Officer be required, and should the inspection
indicate that upgrades to the manufactured home are necessary to bring the home into
compliance with the CSA A277 standard, all required upgrades should be made within the time
specified by the safety codes inspector.
6.19.4
Bylaw 19-911
In addition to the requirements of subsection (1), (2) and (3), above, a manufactured home should
meet the following aesthetic regulations:
a)
The height of the main floor above grade should be consistent with the height of the
main floor of dwellings in the immediate area.
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b)
Exterior finishing materials used on the roof and exterior walls should be consistent
with the materials used on dwellings in the immediate and general area and be in
good condition.
c)
The roof should be peaked.
d)
The eaves should be consistent with the overhang or eaves of dwellings in the
immediate area.
Bylaw 16-887
e)
The undercarriage of a manufactured home should be completely screened from
view by skirting or by such other means satisfactory to the Development Officer.
f)
The design of each manufactured home should ensure the side or end of the building
facing the street contains a front door, and/or windows in quantity and size to
provide a strong visual connection between the building and the street.
g)
Every manufactured home should be placed on a full perimeter foundation unless the
manufactured 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 utilized.
h)
All accessory structures, additions, porches, and skirting should:
(i)
be of a quality and appearance equivalent to that manufactured home;
(ii) be considered as part of the main building; and
(iii) be erected only after obtaining a development permit.
6.19.5
The hitch and wheels should be removed from the manufactured home, or should be enclosed,
such that the hitch and wheels are not visible, to the satisfaction of the Development Authority.
6.19.6
The property is to be grassed and landscaped within one (1) year from the date of issue of the
development permit.
6.19.7
The completion of the foundation or skirting material and any required aesthetic upgrades to the
manufactured home must be completed according to the condition(s) of the development permit
and within the time specified by the Development Authority.
6.19.8
Bylaw 19-911
Used manufactured homes over the age of 5 years, which meet the requirements of 6.19.1, under
consideration or relocation on a parcel may be considered if they meet the following criteria:
a)
enclosed by a peaked roof;
b)
be of sound construction and condition, with intact exterior finishes and additions in
good repair in conformance with the Alberta Safety Codes and Alberta Building Code
Act; and
c)
be architecturally similar to existing dwellings in the vicinity of the proposed
development.
6.19.9
Manufactured homes should be located in areas free from shifting due to frost and readily
accessible for hook-up to services.
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Land Use Bylaw No. 865
6.19.10
If oil is being used for heating purposes, an oil receptacle shall be concealed and enclosed with
external screening compatible with the manufactured home. A fuel tank is to be located above
ground and shall be a minimum of 3.05 metres (10 feet) from any manufactured home. A fuel oil
tank is to be in conformance with regulations from Petroleum Tank Management Association of
Alberta.
6.19.11
With the exception of driveways, no accessory building or use shall be located in the front yard of
any residential district.
6.20 MOVED-IN BUILDINGS
6.20.1
Any building to be moved in or placed on a parcel within any district established by this Bylaw,
other than a farm building in an Agricultural District, must be approved by the Development
Officer.
6.20.2
Application to "move in a building" shall be made to the Development Authority and shall include:
a)
a colored photograph of the building,
b)
a statement of the present location of the building,
c)
a notification of the relocation route, and
d)
a complete site plan showing all buildings located or to be located on the property.
6.20.3
The moved-in building shall conform to the Alberta Safety Codes Act.
6.20.4
When reviewing Development Permit applications for moved-in buildings, the Development
Officer may consider the impact of the proposed moved-in building on the value of adjoining
properties according to Section 617 of the Municipal Government Act, R.S.A. 2000. The
Development Officer may request an appraisal of the property(s) that would demonstrate the
financial impact on adjoining properties.
6.20.5
The moved-in building shall, in the opinion of the Development Officer, be compatible with respect
to age and appearance, with the buildings in the receiving neighbourhood once all required
renovations and improvements have been completed.
6.20.6
The Development Officer 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.
6.21 NUMBER OF DWELLING UNITS PERMITTED ON A LOT
6.21.1
No person in the Municipal District shall construct or cause to be constructed more than one (1)
dwelling unit per lot , unless otherwise permitted by this Bylaw.
6.21.2
Bylaw 19-911
Notwithstanding 6.21.1 no person in the Municipal District shall construct or cause to be
constructed more than two (2) dwelling units per lot in the Agricultural (A) District, unless
otherwise permitted by this Bylaw.
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Land Use Bylaw No. 865
6.21.3
Bylaw 19-911
Sub-section 6.21.1and 6.21.2 does not apply to:
a)
Clustered communal dwelling;
b)
duplex dwellings;
c)
semi-detached dwellings;
d)
multi-family dwellings; or
e)
additional dwelling units required to accommodate farm labour.
6.21.4
Bylaw 19-911
When determining whether or not to allow for an additional discretionary dwelling unit on a lot
beyond 6.21.1 and 6.21.2, the Development Officer shall consider the following:
a)
the suitability of the site for the proposed development;
b)
access to and from the site;
c)
the provision of proper, on-site water and sewer servicing;
d)
existing and future surrounding land uses; and
e)
existing and future subdivision of residential properties.
6.21.5
The Development Officer may attach, as a condition to the issuance of a development permit, a
time period for the approval of the placement of an additional dwelling unit on a lot.
6.22 OBJECTS PROHIBITED OR RESTRICTED
6.22.1
No person shall be allowed to park or retain on any lot a vehicle which is in a dismantled, derelict
or dilapidated condition, a vehicle which has all or part of its superstructure removed, or a motor
vehicle used for stock car races, except:
a)
in an Agriculture District, such vehicles shall not be within 40.0 metres (131.23 feet)
of a public road unless it is suitably screened to the satisfaction of the Development
Officer;
b)
in all other districts, such vehicles shall be suitably housed within a building; or
c)
as otherwise approved in a development permit.
6.22.2
In Hamlet Residential and Country Residential Districts, no person shall be allowed to keep or
maintain in public view:
a) any excavation, storage or piling up of materials required during a construction stage that
remains longer than necessary; or
b) any unsightly object which, in the opinion of the Development Officer, is unsightly or tends
to adversely affect the amenities of the district.
6.22.3
Bylaw 23-969
In the agricultural district no person shall be allowed to keep or maintain in public view:
a) any unsightly object which, in the opinion of the Development Officer, is unsightly or tends
to adversely affect the amenities of the district.
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6.23 OFF-STREET LOADING REQUIREMENTS
6.23.1
A loading space shall be designed and located so that all vehicles using that space can be parked
and maneuvered entirely within the bounds of the site without backing to or from adjacent streets.
6.23.2
The Development Officer, having regard to the types of vehicles that are likely to use the loading
space, may change minimum loading space dimensions.
6.23.3
Loading space requirements for uses other than those set out in this Section shall be determined
by the Development Officer, having regard to similar uses for which specific loading facility
requirements are set.
6.24 OIL FIELD EQUIPMENT STORAGE
6.24.1
No permanent buildings or structures will be allowed in conjunction with the temporary storage
of equipment.
6.24.2
Sites should be located with good access to major transportation routes.
6.24.3
Entrances and exits to the site shall be located so as to minimize negative effects on the road
network and shall be sited to the satisfaction of the Development Officer.
6.24.4
Sites shall be visually screened and landscaped along all public roads to the satisfaction of the
Development Officer, with reference to section 6.16 of this bylaw.
6.24.5
Any development within 0.8 kilometers of a provincially controlled highway will require a road
side development permit from Alberta Transportation.
6.25 PARKING AND LOADING REQUIREMENTS
6.25.1
The minimum on-site parking and loading requirements of this Bylaw shall be met for all
developments, whether a new building, an enlargement or addition to an existing building, or a
change in use.
6.25.2
Frequent or long-term parking along a local road shall not be permitted unless by an agreement
between the Municipal District and land owner.
6.25.3
Where an off-street parking lot abuts a road, park or residential district, a landscaped strip with
minimum with of 1.0 metre (3.28 feet), shall be provided around that portion of the perimeter.
The landscaping may include a combination of trees, shrubs, grass and other hard and soft
landscaping materials.
6.25.4
Size of parking spaces and aisles shall be provided as required by the Development Officer with
consideration to the following standards:
a)
Except as provided in (b) below, each required off-street parking space shall be a
minimum of 2.59 metres (8.5 feet) in width and a minimum of 5.48 metres (18.0 feet)
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Land Use Bylaw No. 865
in length, exclusive of access driveways or aisles, ramps, or columns. Such spaces
shall have a vertical clearance of at least 1.98 metres (6.5 feet). For parallel parking,
the length of the parking spaces shall be increased to 7.01 metres (23.0 feet), except
that an end space with an open end shall be a minimum of 5.48 metres (18.0 feet).
b)
For parking spaces other than parallel parking spaces, up to 15% of the required
parking spaces may be of a length shorter than that required under a) above, to a
minimum of 4.60 metres (15.1 feet).
c)
Aisles shall be a minimum of 7.01 metres (23.0 feet) wide for 90 degree parking; 5.48
metres (18.0 feet) wide for 60 degree parking; and 3.66 metres (12.0 feet) wide for
45 degree and parallel parking.
Parking Stall Design Standards
PARKING
ANGLE (IN
DEGREES)
(a)
MINIMUM STALL
WIDTH
(b)
MINIMUM STALL
LENGTH
(c)
MINIMUM
AISLE
WIDTH
(d)
0
(Parallel)
2.59 m (8.5 ft)
7.01 m (23.0 ft)
(or 5.48 m (18.0 ft) for
open end spaces)
3.66 m
(12.0 ft)
45
2.59 m (8.5 ft)
5.48 m (18.0 ft)
(or 4.60 m (15.1 ft) for a
maximum of 15% of
total stalls provided)
3.66 m
(12.0 ft)
60
2.59 m (8.5 ft)
5.48 m (18.0 ft)
(or 4.60 m (15.1 ft) for a
maximum of 15% of
total stalls provided)
5.48 m
(18.0 ft)
90
2.59 m (8.5 ft)
5.48 m (18.0 ft)
(or 4.60 m (15.1 ft) for a
maximum of 15% of
total stalls provided)
7.10 m
(23.0 ft)
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Land Use Bylaw No. 865
6.25.5
The number of off-street parking spaces and loading facilities provided shall be at the discretion
of the Development Officer, with consideration given to the following:
a)
Anticipated traffic volumes generated by the development.
b)
Types of vehicles expected to serve the development.
6.25.6
The Development Officer may approve a developer of non-residential sites to share parking stalls
in order to fulfill parking requirements where:
a)
in the opinion of the Development Officer, the parking requirements of users on the
sites will vary in a consistent manner according to time of day or days of the week so
that the needs of each development can be met at any given time;
b)
the shared parking stalls are within 120.0 metres (393.70 feet) of each site; and
c)
a registrable and binding agreement securing the shared use of the parking lot is
executed between the owner of the site in which the parking is provided and the
owner of the site in which the parking is required.
6.25.7
Parking stalls and loading spaces shall be designed and constructed, to the satisfaction of the
Development Officer:
a)
to clearly demarcate stalls and spaces, and be regularly maintained;
b)
to be contained entirely on the site and not cause interference with pedestrian or
vehicular movement on adjacent sites, roads or sidewalks;
c)
to be graded to ensure that drainage is confined to the site and disposed of in a
satisfactory manner; and where deemed necessary by the Development Officer, an
oil-grit separator shall be installed to remove contaminants that may otherwise enter
the ground water or Municipal storm water drainage system;
d)
with the appropriate curbs, curb cuts or concrete bumpers where required; and
e)
in accordance with the minimum parking stall and aisle dimensions
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Land Use Bylaw No. 865
6.26 PROVINCIALLY CONTROLLED HIGHWAYS
6.26.1
All development along provincially controlled highways requires a Roadside Development Permit
from Alberta Transportation.
6.26.2
The Development Authority may require higher standards than Alberta Transportation for
development along highways.
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Land Use Bylaw No. 865
6.27 RAILWAY SETBACKS
6.27.1
No person shall construct any buildings, improvements, or structures in any land use district unless
the building or structure is set back from the adjacent railway as follows, (as outlined in the
Guidelines for New Development in Proximity to Railway Operations prepared for the Federation
of Canadian Municipalities and the Railway Association of Canada):
Railway Operation
Setback Requirement
Freight Rail Yard
300 m (984.25 ft)
Principle Main Line
30 m (98.43 ft)
Secondary Main Line
30 m (98.43 ft)
Principle Branch Line
15 m (49.21 ft)
Secondary Branch Line
15 m (49.21 ft)
Spur Line
15 m (49.21 ft)
6.28 ROADWAY ACCESS
6.28.1
Access to Roadways:
a)
Access to a local road will not be approved within 500 feet (152.4 m.) of another
access on the same side of the road, or a bridge, or a horizontal curve exceeding two
degrees.
b)
Access to any roadway will be restricted where the gradient exceeds 3 percent.
Regulations regarding access may be relaxed by the Development Officer on the advice of the
Municipal Engineer.
6.29 ROADWAY SETBACKS
6.29.1
No person shall construct any buildings, improvements, or structures in any land use district unless
the building or structure is set back from the adjacent road right of way as follows:
a)
Provincial Highway:
as required by Alberta Transportation
b)
Local Road:
30.48 metres (100 feet)
c)
Internal Subdivision Road:
7.62 metres (25 feet)
6.29.2
Bylaw 23-969
Pursuant to the Highways Development Act, developments occurring adjacent or within 300
metres of a Provincial Right of Way or 800 meters of the centerline of a highway and public road
intersection will require a roadside development permit from Alberta Transportation.
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Land Use Bylaw No. 865
6.30 RURAL SUBDIVISION STANDARDS
6.30.1
Notwithstanding the district requirements in all districts for lot width, lot depth, and lot size,
Council may recommend a variance to the district requirements for subdivision approval.
6.30.2
Where Council has deemed it necessary to allow for a variance, written reasons for their
recommendations will be forwarded to the subdivision approving authority.
6.30.3
Upon recommendation from Council, the subdivision approving authority may approve a
subdivision application which requires a variance.
6.31 SECONDARY SUITES
6.31.1
The maximum floor area of a secondary suite shall be as follows:
a) for a secondary suite located completely below the first storey of a single detached
dwelling (other than stairways or a common landing), the floor area (excluding the area
covered by stairways) shall not exceed the floor area of the first storey of the associated
principal dwelling;
b) for a secondary suite developed at grade, or completely/partially above grade, the floor
area (excluding the area covered by stairways) shall not exceed the lesser of the following:
92.9 m2 (1000.0 ft2) or 50% of the total floor area of the first storey of the associated
principal dwelling.
6.31.2
The minimum floor area for a secondary suite shall be 30.0 m2 (322.9 ft2).
6.31.3
The separate entrance to the secondary suite shall be accessed either from a common indoor
landing or directly from the side or rear of the building.
6.31.4
Only one secondary suite per parcel shall be permitted.
6.31.5
A secondary suite shall require one additional on-site parking stall.
6.31.6
A secondary suite must have a private outdoor amenity space that is a minimum area of 7.62
square metres (25 square feet), with no dimension less than 1.5 metres. A private amenity space
may be provided in the form of a landscaped area, balcony, deck or patio.
6.31.7
A secondary suite shall be developed in such a manner that the exterior of the principal building
containing the secondary suite shall appear as a single dwelling.
6.31.8
An attached secondary suite shall only be allowed within the principal building or its accessory
building.
6.31.9
A secondary suite shall not be subject to separation from the principal dwelling through a
condominium conversion or subdivision.
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6.32 SEWAGE SYSTEM SETBACKS
6.32.1
All private sewage disposal systems shall be constructed, located, and inspected in accordance
with the provisions of the Alberta Safety Codes Act and its regulations, including the Alberta
Private Sewage Systems Standard of Practice.
6.33 SHIPPING CONTAINERS (SEA CANS)
6.33.1
All shipping containers shall meet the minimum required setbacks for accessory buildings and shall
be located in the side or rear yard.
6.33.2
Shipping containers shall not be placed on a lot or parcel in a manner that the containers exceed
the maximum height restrictions specified in the district regulations.
6.33.3
All shipping containers shall be properly maintained or screened from public view, to the
satisfaction of the Development Officer.
6.34 SIGNS
6.34.1
Unless specifically exempt from the requirement to obtain a development permit pursuant to
Section 4.2.1, all signs placed or erected on land or any building or structure require a development
permit.
6.34.2
In determining the relative merits of a development permit application for a sign, the Development
Officer shall consider both the sign structure and the appearance of the copy area of the sign,
including any wording or images. Applicants are advised to consider both elements in making their
application.
6.34.3
Rural addressing sign placement and style shall conform to Municipal District of Smoky No. 130
policy.
6.34.4
No sign shall be placed on, affixed to or overhang any Municipal property or road right-of-way
without the prior written consent of the Municipality or appropriate public body. The placement,
installation and removal of election signs shall be in accordance with provincial policy.
6.34.5
Election signs on municipal property shall be in conformance with the Alberta Elections Act.
Election signs must be removed within one week of the election date.
6.34.6
Except for directional signs, no signage shall be located on a site for a business or activity that is
not on the site in which the business or activity is located.
6.34.7
Signs which are proposed to be illuminated shall be lit by top-mounted lights pointed downwards
or internally illuminated. Lighted signs shall not cause light trespass onto or adversely affect
neighbouring properties.
6.34.8
No sign shall be erected so as to obstruct free and clear vision of vehicular traffic, or be located,
or display a light intensity or color where it may interfere with, or be confused with any authorized
traffic sign, signal or device and in doing so create a traffic hazard.
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Land Use Bylaw No. 865
6.34.9
Animated signs and electronic variable message signs are prohibited.
6.34.10
To ensure safe vehicle and pedestrian movement, no sign which is higher than 1.0 metres (3.28
feet) in sign height or lower than 4.0 metres (13.12 feet) in sign height shall be located within the
sight line triangle.
6.34.11
All signs shall be kept in a safe, clean and well-maintained condition. The Development Officer may
require the cleaning, removal or renovation of a sign determined to be otherwise.
6.34.12
The quality, design and character of a sign shall be to the satisfaction of the Development Officer
which shall have due regard for the amenities of the district in which the sign is proposed to be
located. Signs shall not adversely affect the use or enjoyment of neighbouring properties.
6.34.13
Signs shall not cover architectural detailing of a building, including but not limited to windows,
cornices, arches, sills or mouldings.
6.34.14
Where a sign does not conform to any of the identified sign types defined in this Bylaw, the
Development Officer shall consider a development permit application for a sign on its merits.
6.34.15
Awning and canopy signs
a)
Awning and canopy signs shall be clear, legible, visually attractive and compatible
with the building it is attached to and with the surrounding streetscape.
b)
Awnings and canopies attached to a building that are used for signs shall:
i.
only extend 75% of the length of the building or bay to which it is attached;
ii.
be a maximum of 1.5 metres (4.92 feet) vertical distance from the bottom to
the top of the awning or canopy; and
iii.
have a minimum clearance of 2.8 metres (9.19 feet) above grade.
c)
Freestanding canopies, or canopies that are intended to cover a motor vehicle used
for signs shall:
i.
be a maximum of 1.0 metres (3.28 feet) vertical distance from the bottom to
the top of the awning or canopy;
ii.
have a minimum clearance of 4.2 metres (13.78 feet) and shall not exceed
5.2 metres (17.06 feet) in height above grade;
iii.
be located a distance of 0.6 metres (1.97 feet) from a site boundary.
d)
Awning and canopy signs are encouraged to be lit by top-mounted lights, but
internally illuminated signs may be permitted to enhance visibility where required.
6.34.16
Fascia signs
a)
Fascia signs shall:
i.
not project more than 0.4 metres (1.31 feet) from the building face; and
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Land Use Bylaw No. 865
ii.
not exceed a copy area greater than 15% of the face of the building or bay to
which the sign is attached.
b)
Fascia signs may be permitted to be located below the floor level of the second and
third storeys of a building.
c)
Fascia signs are encouraged to be lit by top-mounted lights, but internally illuminated
fascia signs may be permitted to enhance visibility where required.
6.34.17
Fence signs
a)
A fence used for a sign shall be in good condition and properly maintained. An
applicant may be required by the Development Officer to provide evidence of the
fence condition upon application for a development permit.
b)
Fence signs shall not exceed the height above grade of the fence to which it is
attached, and shall be securely fastened.
c)
A fence sign shall not exceed 2.0 square metres (21.53 square feet) in sign area.
6.34.18
Freestanding signs
a)
One freestanding sign shall be permitted per lot frontage, which is encouraged to be
no larger or higher than necessary for viewing by the travelling public, but in no case
shall exceed:
i.
a maximum sign area of 6.0 square metres (64.58 square feet) on each sign
face; and
ii.
a maximum sign height of 3.0 metres (9.84 feet) above grade, excepting a
maximum sign height of 6.0 metres (19.69 feet) above grade in a Commercial
District adjacent to a provincial highway.
b)
A freestanding sign which identifies a condominium or subdivision development shall
be a maximum of 3.0 square metres (32.29 square feet) in sign area and 1.2 metres
(3.93 feet) in sign height above grade.
c)
A support structure for a freestanding sign shall be set back a minimum of 0.6 metres
(1.97 feet) from any property line and no part of the sign shall encroach on to or
overhang an adjacent property or road right-of-way.
d)
Freestanding signs shall be designed in a manner that is compatible with and
enhances the character of the building or the surrounding streetscape.
e)
Freestanding signs are encouraged to be lit from top-mounted lights, but internally
illuminated freestanding signs may be permitted to enhance visibility where required.
f)
The electrical supply to a lighted freestanding sign shall be located underground.
g)
For a service station, the Development Officer may allow a maximum of 3 additional
freestanding signs containing advertising sign messages to be located on a site. Each
sign shall be a maximum of 1.5 square metres (16.14 square feet) in sign area and 2.0
metres (6.56 feet) in sign height above grade.
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6.34.19
Portable signs
a)
Excepting portable signs erected by the Municipality as informational signs, or signs
approved by the Development Officer to be erected as a temporary sign, no person
shall place, erect, or use a portable sign within the Municipal District of Smoky River
No 130.
b)
Portable signs shall not contain advertising sign messages.
6.34.20
Projecting signs
a)
Projecting signs shall only contain identification messages.
b)
No more than 2 projecting signs shall be permitted per site, or where a building
contains multiple businesses, not more than 1 projecting sign shall be permitted per
bay.
c)
Projecting signs shall:
i.
have a maximum sign area no greater than 1.0 square metres (10.76 square
feet);
ii.
have a vertical clearance of not less than 2.8 metres (9.19 feet) above grade;
iii.
not project greater than 1.5 metres (4.92 feet) from the building face; and
iv.
be spaced at a minimum horizontal distance of 5.0 metres (16.40 feet).
d)
Supports and structures for a projecting sign which are visible shall be of a style and
character that is complimentary to the building to which it is attached.
6.34.21
Roof signs
a)
The vertical height of a roof sign shall not exceed 3.0 metres (9.84 feet) in height, and
together with the building to which the roof sign is attached, shall not exceed the
maximum height limit specified in the land use district in which it is located.
b)
Roof signs may only be allowed where due consideration has been taken for public
safety and aesthetics of the sign, in the opinion of the Development Officer.
c)
Roof signs shall not be used in conjunction with fascia signs.
6.34.22
Temporary signs
a)
Temporary signs may be permitted at the discretion of the Development Officer,
which shall take into consideration the sign message and intent, and the use of the
site.
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6.34.23
Wall signs
a)
Wall signs may be permitted to be painted, fastened to or engraved into the surface
of a building, wall or surface of any structure at the discretion of the Development
Officer, which shall take into consideration:
i.
the use of the site;
ii.
the height and setback of the building or structure;
iii.
the proposed size, design, appearance, illumination and visibility of the sign;
and
iv.
the potential impact of such sign on adjacent properties.
6.35 SUBDIVISION OF AGRICULTURAL LAND
6.35.1
For the purpose of this Bylaw, better agricultural land means land that is rated at 28% or greater
by the Rural Farmland Assessment or Class 1 to 4, inclusive, under the Canada Land Inventory
rating system.
6.35.2
The subdivision of better agricultural land shall not be permitted unless the proposed subdivision
is for:
a)
extensive agriculture;
b)
a parcel of land that is severed from the balance of the quarter-section and cannot
be reasonably farmed;
c)
a farmstead separation;
d)
a single parcel out for residential development
e)
a public use and/or public utility; or
f)
a non-agricultural development, which in the opinion of the Municipal District,
cannot be reasonably located on poorer agricultural land.
g)
a direct control district
6.35.3
The size of a parcel that is subdivided from land that is considered to be better agricultural land
shall be kept to the minimum size required to support the proposed development and proper
servicing.
6.35.4
Notwithstanding 6.35.2, the subdivision of better agricultural land for multi-parcel country
residential development may be permitted subject to a concept plan, approved by Council.
6.35.5
The subdivision of marginal agricultural land for multi-parcel country residential development may
be permitted, subject to the provision of a concept plan.
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6.36 TOP SOIL REMOVAL
6.36.1
A Development Permit is required for the removal or stockpile of top soil for non-agricultural
purposes.
6.36.2
A Development Permit shall only be granted, where it is shown to the satisfaction of the
Development Officer, that the land or adjacent land will not be adversely affected by the removal
of the top soil.
6.36.3
An application for the removal of top soil may require an environmental impact assessment and,
it may be referred to Alberta Environment and Sustainable Resource Development and/or Alberta
Agriculture and Rural Development for comment.
6.37 TRAIL DEVELOPMENT
6.37.1
Notwithstanding sub-section 4.2.1 of this Bylaw, a Development Permit shall be required for all
trail development.
a)
A Development Permit shall only be granted where it is shown to the satisfaction of
the Development Officer that the application requirements, provisions for trail
development, the Land Use Bylaw and any other applicable legislation have been
met.
b)
Prior to reaching a decision, the Development Officer may refer any application for
trail development to the Mackenzie Municipal Services Agency, Alberta Sustainable
Resource Development - Lands Division, Alberta Tourism, Parks and Recreation,
Alberta Transportation, and/or any other applicable body to receive qualified
feedback and/or comments.
6.37.2
All Development Permit Applications for trail development require that the following information
must be provided:
a)
The classification of the proposed trail according to the Alberta Recreation Corridor
and Trails Classification System.
b)
Construction Plan including: parking areas and security, type of trail including
surfacing materials (grass, gravel, asphalt), construction timeline, legal description of
trail, construction materials and standards, costs and funding.
c)
The type and number of user(s) the trail will accommodate. For example: walking,
skiing, motorized vehicles (skidoos, quads), horses, etc. and the safety measures to
be taken to accommodate more than one type of user.
d)
Long Term Trail Management Plan - minimum ten (10) year plan, which must include:
i.
Information about proponent, contact names, address, phone and fax numbers
ii.
A site map (showing all properties that the trail crosses, environmentally
sensitive areas, cultural and heritage sites, existing structure, proposed
facilities, topography, and the location of intersections with roads)
iii.
A brief description of the location of the trail and its purpose
iv.
The location, height, and maintenance of fences if applicable
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v.
The potential impacts of the projected levels of trail use (both now and in the
future) on adjoining private property owners, agricultural operations, public
lands, and communities
vi.
Site preservation and revegetation techniques that will be used to protect
trailside vegetation
vii.
Safety considerations
viii.
Erosion mitigation techniques
ix.
Permitted uses of the trail
x.
Access points and emergency access
xi.
Grooming (e.g. ski trails)
xii.
The rules to be applied to trail users
xiii.
The group which has jurisdiction over this trail
xiv.
Maintenance responsibilities, schedule, and funding
xv.
Brush control
xvi.
Garbage clean-up/removal
xvii.
Weed control measures
xviii.
Signage use and placement
xix.
Ownership of trail (titled or leased)
xx.
Fire control plan
xxi.
User control plan
xxii.
Construction standards
xxiii.
Safety inspection plan and/or schedule
xxiv.
A list of all trail facilities including garbage receptacles, toilets, rest areas, and
all other proposed trail facilities
xxv.
Landscaping provisions
xxvi.
Temporary trail closure procedures (fire hazard conditions)
xxvii.
Sound attenuation methods where applicable
e)
Where a trail development is proposed on privately owned lands written support
from property owners adjacent or near the trail and a statement of the number of
property owners opposed to the trail and the reason for their opposition.
f)
Where a trail development is proposed on public and privately owned lands, approval
from Alberta Sustainable Resource Development - Lands Division and Alberta
Tourism, Parks and Recreation, and written support from property owners adjacent
to or near the trail, and a statement of the number of property owners opposed to
the trail and the reasons for their opposition.
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g)
The Development Officer may, at his/her discretion, waive any of the above
requirements if deemed not applicable and/or unnecessary by the Development
Officer, and a decision can be properly made on the application without that
information.
6.37.3
The Municipal District of Smoky River No. 130 may require a performance bond, letter of credit,
or some other form of security, in order to guarantee that reclamation of the trail will be
completed in the event that the owner is unable to maintain the trail in an operable condition.
6.37.4
The Development Officer shall, in reaching a decision on an application for a trail development,
consider the following:
a)
Information provided in the long-term trail management plan with specific regards
to:
i.
Public safety
ii.
Maintenance and delegation of responsibilities
iii.
Compatibility of the trail development with the surrounding land uses
iv.
Compatibility of use(s) of the trail development with the surrounding land uses.
b)
The circumstance and planning merits of the application including, but not limited to:
i.
The impact on properties in the vicinity of such nuisance factors as smoke,
airborne emissions, odours and noise.
ii.
Environmental management and considerations including but not limited to
erosion control and weed control,
iii.
The design, character and appearance of the proposed development and in
particular whether it is compatible with and complementary to the surrounding
properties,
iv.
The servicing requirements of the proposed development.
6.37.5
Provisions for Trail Development
a)
Construction standards for all trail developments must be appropriate for the use of
the trail. Surfacing, drainage, width, and grade standards shall be to the satisfaction
of the Development Officer.
b)
Trail Developments must incorporate access points and may require parking areas
and amenities, together with landscape buffering or a form of screening, where
deemed necessary by the Development Officer.
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6.38 UTILITIES
6.38.1
If a development is to be serviced by a private sewer and/or water system, the necessary water
and sewer safety code permits must be obtained.
6.38.2
If a development is to be served by public or shared sewer and water systems, a sewer back up
system must be installed that meets the Safety Codes Act.
6.39 VEHICULAR-ORIENTED USES
6.39.1
Vehicle-oriented uses shall include drive-in food services, gas bars, services stations, drive-
through vehicular services and other developments providing drive-in services in which patrons
generally remain inside their vehicles.
6.39.2
Vehicle-oriented uses shall be located only where the Development Officer is satisfied that the
development will not adversely affect the functioning of surrounding public roadways.
6.39.3
Queuing space shall be provided as follows:
a)
for drive-in food services, and other development having a service window, a
minimum of six (6) inbound queuing spaces shall be provided for vehicles
approaching the service window; and
b)
queuing lanes shall provide sufficient space for turning and maneuvering, and be
maintained by the registered owner or lessee at their sole cost/expense.
6.40 WATER CANAL SYSTEM
6.40.1
Proposed developments in the area of the Water Canal System, as outlined in Schedule D - Land
Use District Maps of this Bylaw:
a)
shall be assessed with respect to potential impacts on the water canal system;
b)
shall not have a negative effect on the quality of water in the water canal system,
including areas that drain into the system;
c)
may require a professional engineer's report concerning potential impacts on the
water canal system resulting from development occurring in the area of the water
canal system; and
d)
may be referred to appropriate Provincial Government departments for comments
and recommendations.
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Land Use Bylaw No. 865
6.40.2
Development near the water canal system shall require an appropriate setback from the water
canal, as determined by the Development Officer based on the following criteria:
a) nature of the proposed land use;
b) location in relation to the water canal and associated drainage areas; and
c) comments received in regards to the proposal; and
d) proximity to the flood plain area.
6.40.3
As part of the review of development proposals, the Municipal District shall consult with its
neighbouring urban municipalities in terms of the operation and maintenance of the water canal
system.
6.41 WELL SITE SETBACKS
6.41.1
Bylaw 19-911
The development of permanent buildings or structures near oil and gas infrastructure shall be in
accordance with the Municipal District of Smoky River No. 130 Road Way Setbacks for Lease, Lease
Roads and Equipment Policy and provincial setback requirements.
6.42 WIND ENERGY CONVERSION SYSTEMS, SMALL
6.42.1
Bylaw 19-911
Bylaw 23-969
The maximum height of a Wind Energy Conversion System (Small) shall be at the discretion of the
Development Officer, which shall take into consideration the lot area and dimensions, system
location, system specifications, and potential impact on neighbouring properties.
6.42.2
Bylaw 19-911
Bylaw 23-969
The minimum setbacks of a Wind Energy Conversion System (Small) shall be equal to the distance
of the total system height to any property line. This distance may be relaxed at the discretion of
the Development Officer if it deems that due to the design, characteristics and location, the Wind
Energy Conversion System (Small) will not have any adverse impacts on neighbouring properties.
6.42.3
To ensure public safety, the Development Officer may require that a security fence not less than
1.8 metres (5.90 feet) in height be erected, or safety mechanism or procedures be employed to
prevent access to the base or top of the tower.
6.42.4
All power lines connecting the small wind energy conversion system to a substation, grid or other
facility to which power is provided shall be underground, unless an overhead installation is
approved by the Development Officer.
6.42.5
A small wind energy conversion system shall be finished in a non-reflective matte and in a color
which minimizes the visual impact of such system.
6.42.6
No signage, advertising or accessory installations shall be placed on a small wind energy conversion
system.
6.42.7
When a small wind energy conversion system becomes obsolete, it shall be immediately removed
and the development site reclaimed.
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Land Use Bylaw No. 865
6.42.8
Bylaw 19-911
The system, device or structure must meet all applicable provincial codes, regulations and
standards including the building code and any other municipal requirements.
6.43 WIND ENERGY CONVERSION SYSTEMS, LARGE
Bylaw 19-911
6.43.1
Bylaw 23-969
Bylaw 23-969
Bylaw 23-969
For the purpose of this section, the following definitions apply:
a) BLADE means an element of a Wind Energy Conversion System (Large) rotor that forms an
aerodynamic surface to extract energy from the wind.
b) BLADE CLEARANCE means the minimum distance from grade to the bottom of the rotor's
arc.
c) GRADE FOR WIND ENERGY CONVERSION SYSTEM means the elevation of the finished
ground surface at the completion of the building or structure, excluding minor variances.
d) HORIZONTAL AXIS ROTOR means a Wind Energy Converston System, Large where the
rotor is mounted on an axis parallel to the earth's surface.
e) ROTORS ARC means the total path traveled by a Wind Energy Conversion System (Large)'s
blade.
f) TOTAL TOWER HEIGHT means the height of the tower from grade to the furthest vertical
extension of the rotor.
g) TOWER means the structure that supports the rotor or other energy collection device of
the Wind Energy Conversion System (Large) above the ground.
h) VERTICAL AXIS ROTOR means a Wind Energy Conversion System, Large where the rotor is
mounted on an axis perpendicular to the earth's surface.
6.43.2
Bylaw 23-969
Wind Energy Convesion Systems (Large) must be in accordance with Alberta Utilities Commission
(AUC).
6.43.3
Bylaw 23-969
Bylaw 23-969
Bylaw 23-969
Development Standards for a Wind Energy Conversion System (Large):
a) Minimum Setbacks:
i.
A Wind Energy Conversion System (Large) shall be located so that the outside of the
Rotor's Arc is a minimum of 7.6 m (25 ft.) from the vertical projection of the parcel
boundary.
ii.
A Wind Energy Conversion System (Large) shall be located a distance of at least 1.0
km (0.62mi.) from the foundation wall of dwelling, not belonging to the owner of
the land on which the Wind Energy Conversion System (Large) is located.
iii.
All other buildings: as per the respective district requirements.
iv.
Road allowances: as per the respective district requirements.
b) Minimum Blade Clearance is 7.6 m (25 ft.).
c) Tower access shall be protected by means acceptable to the Development Authority and
may include such things as a locked fence and anti-climbing devices.
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Bylaw 23-969
Bylaw 23-969
Bylaw 23-969
d) Subject to the requirements of any other federal or provincial regulation the Wind Energy
Conversion System (Large) shall have a non-reflective, matte finish in a colour satisfactory
to the Development Authority.
e) All power lines on the Wind Energy Conversion System (Large) site shall be underground
unless otherwise approved by the Development Authority.
f) Underground or overhead transmission lines running parallel to a road right-of-way shall
be setback a minimum of 1 meter from the edge of any road right-of-way.
g) The depth of underground transmission lines must be a mimimum of 2.137 meters (7ft)
below the bottom of the ditch for all road crossing agreements.
h) Signage indicating underground transmission lines must be approved and installed for all
road crossing locations.
i)
A road crossing profile for underground transmission lines must be submitted upon
completion of construction.
j)
The applicant must enter into a road use agreement and road crossing agreements prior
to initial construction and for any future upgrades and/or maitenance.
6.43.4
Bylaw 23-969
Bylaw 23-969
Bylaw 23-969
Bylaw 23-969
Bylaw 23-969
Approval Process for a Wind Energy Conversion System, Large:
a) All development permit applications for a Wind Energy Conversion System (Large) shall be
accompanied by:
i.
A scaled site plan showing existing features and development, the location of the
proposed Wind Energy Conversion System (Large), related facilities, and access
roads;
ii.
A visual representation of the proposed Wind Energy Conversion System (Large)
including scaled elevations and digital representations;
iii.
An Environmental Impact Assessment (EIA), shall be required by the Development
Authority to address things such as visual impacts, noise, and nuisance;
iv.
A Decommissioning Plan outlining how the Wind Energy Conversion System (Large)
site will be reclaimed to the satisfaction of the Municipal District of Smoky River,
shall be provided at the time of development permit application.
v.
A weed control plan must be developed to the satisfaction of the Development
Authority.
vi.
Any other information that the Development Authority determines is pertinent to
the decision making process.
b) Prior to making a decision on a development permit application, the Development
Authority shall require the applicant to provide an opportunity for the general public to
view and comment on the proposal. At the discretion of the Development Authority, the
consultation shall consist of at a minimum a public meeting and mail-outs to residents /
landowners.
c) In addition to public consultation, the Development Authority may refer the application
to any agency or stakeholder it determines may be affected by the proposal.
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6.43.5
The system, device or structure must meet all applicable provincial codes, regulations and
standards including the building code and any other municipal requirements.
6.43.6
Bylaw 23-969
6.43.7
6.43.8
6.43.9
No signage, advertising or accessory installations shall be placed on a Wind Energy Conversion
System (Large).
As built plans of structures and transmission lines must be submitted to the municipality upon
completion of construction, or within 1 year of commencing construction.
No component of a tower structure or transmission lines can be located within the road right of
way.
All applicants and/or owners must be a member of Alberta One Call.
6.43.10
The Development Authority must have regard for Sections 6.19 and 6.20 of the Municipal
Government Act.
6.43.11
Bylaw 23-969
Development of Wind Energy Conversion System (Large) which requires lighting for aviation
purposes, shall require:
a) a lighting plan as part of the Development Permit application; and,
and be done in accordance with Transport Canada and relevent governing agencies.
6.43.12
Bylaw 23-969
The decommissioning plan identified in 6. 43.4(a)(iv) detailing removal of all Wind Energy
Conversion System (Large) shall include at a minimum:
a) Reclamation of structures and the land back to its natural state or equivalent land
capability as required by the appropriate Alberta Government Department shall include:
b) A cost estimate prepared by a qualified professional that outlines the costs of
decommissioning the full installation and reclamation of the entire subject lands.
c) Security must be submitted to the satisfaction of the Municipality and may be subject to
third party review completed by a qualified professional, at the cost of the Applicant.
6.43.13
Bylaw 23-969
If the Wind Energy Conversion System (Large) is out of service or not producing energy for a period
of two-years, it will be deemed non-operational and decommissioning, removal, and reclamation
must commence immediately in accordance with the decommission plan submitted with the
application.
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6.44 MODULAR BUILDINGS
Bylaw 16-887
6.44.1
Any development for a modular building is considered discretionary.
6.44.2
Before a development permit is issued for a modular building, the Development Authority should
receive verification that the building fully complies with the CSA A277 Procedure for Factory
Certification of Buildings Standard. If the CSA A277 sticker or the Alberta Municipal Affairs sticker
is missing, the Development Authority may require an inspection by an Alberta Safety Codes
Officer.
6.44.3
Should an inspection by an Alberta Safety Codes Officer be required, and should the inspection
indicate that upgrades to the modular building into compliance with the CSA A277 standard, all
required upgrades should be made within the time specified by the Development Officer.
6.44.4
Modular homes should be securely fastened and placed on a permanent foundation.
6.44.5
A modular single-detached dwelling placed in the hamlets of Guy and Jean Coté should have a
front door and a minimum of one window facing the street to provide a strong visual connection
between the building and the street.
6.44.6
The quality of the completed modular construction should be consistent with the quality of the
other structures in the area.
6.45 USES PERMITTED IN ALL LAND USE DESIGNATIONS
Bylaw 19-911
6.45.1
The following Uses are permitted in all Land Use Designations:
a) Public utility;
b) Road;
c) Highway; and
d) Park.
6.46 CANNABIS PRODUCTION AND DISTRUBTION FACILITY
Bylaw 19-911
6.46.1
Cannabis facilities must have a licence issued by the Health Canada.
6.46.2
The following regulations apply to cannabis facilities:
a)
An ancillary building or structure used for security purposes may be located on the
parcel containing the use as an accessory building which meets the regulations of this
Land Use Bylaw.
b)
Facilities must include equipment designed and intended to remove odours from the
air where it is discharged from the facility as part of a ventilation system.
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c)
Facilities must not be within 100 metres of a residential district measured from the
building containing the use to the nearest property line of a parcel designated as a
residential district.
6.46.3
An application for a Development Permit for Cannabis Production and Distribution Facility
requires a Development Permit shall be made to the Development Authority and shall include
reports prepared by the appropriate professionals for the following:
a)
the incineration of waste products and air borne emission, including smell;
b)
the quantity and characteristics of liquid and waste material discharged by the
facility; and
c)
the method and location of collection and disposal of liquid and waste material.
d)
Additional information as required by the Development Authority.
6.46.4
The operator of a Cannabis Production and Distribution Facility must ensure that nuisances,
including odour, are addressed to the satisfaction of the Development Authority.
6.47 CANNABIS RETAIL SALES
Bylaw 19-911
6.47.1
Cannabis stores and where all cannabis that is offered for sale or sold must be from a federally
approved and licensed facility.
6.47.2
Cannabis stores must be licensed by the Alberta Government.
6.47.3
Cannabis stores must be a stand-alone use, which means it cannot be combined with another
use, such as a convenience store. However, cannabis stores can occur in a multi-tenant
building or as part of a mixed-use development.
6.47.4
The operator of a Cannabis Retail Sales must ensure that nuisances, including odour, are
addressed to the satisfaction of the Development Authority.
6.47.5
Cannabis stores shall not be located within 100 metres of any other Cannabis Store, when
measured from the closest point of a parcel of land containing a Cannabis Store to the closest
point of another parcel of land containing a Cannabis Store with the following exceptions:
a)
A proposed cannabis store is at the same location as an existing retail store that
currently sells cannabis-related paraphernalia as its main merchandise,
b)
There is only one other cannabis store within the minimum separation distance,
c)
A proposed cannabis store is located on a different street or on the opposite side of
the same street as the existing cannabis store,
d)
A major road, expressway or river separates the proposed cannabis store from the
existing cannabis store,
e)
A proposed cannabis store is located in an enclosed shopping centre, or
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f)
An existing approved cannabis store proposes to relocate to a new location within
100 metres of its original location, provided that it does not move within the
separation distance of a different cannabis store.
6.47.6
Cannabis stores shall not abut a Liquor Store.
6.47.7
Cannabis stores shall not be located within 100 metres of the following:
a)
A building containing a public school, private school, or a boundary of the parcel of
land which the facility is located, or
b)
All properties which are designated as School Reserve or municipal and school
reserve on the certificate of title.
c)
A provincial health care facility, or a boundary of the parcel of land on which the
facility is located, or
d)
Emergency shelter.
6.48 SOLAR COLLECTOR (SMALL)
Bylaw 19-911
6.48.1
Bylaw 23-969
A Solar Collector (Small) must be located on the roof or wall of a building or structure.
6.48.2
Bylaw 23-969
A Solar Collector (Small) mounted on a roof with a pitch of less than 4:12, may project:
a)
A maximum of 0.5 m from the surface of a roof, when the solar collector is located
5.0 m or less from a side lot line, measured directly due south from any point along
the side lot line; and
b)
In all other cases, maximum of 1.3 m from the surface of a roof.
6.48.3
Bylaw 23-969
A Solar Collector (Small) mounted on a roof with a pitch of 4:12 or greater, may project a
maximum of 1.3 m from the surface of a roof.
6.48.4
Bylaw 23-969
A Solar Collector (Small) mounted on a roof must not extend beyond the outermost edge of the
roof.
6.48.5
Bylaw 23-969
A Solar Collector (Small) that is mounted on a wall:
a)
Must be located a minimum of 2.4 m above grade; and
b)
May project a maximum of:
i.
1.5m from the surface of that wall, when the wall is facing a rear lot line; and
ii.
In all other cases, 0.6 m from the surface of that wall.
6.48.6
Bylaw 23-969
A Solar Collector (Small) mounted on a structure must meet yard setback and district height
regulations.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
6.48.7
A solar collector (small) is exempt from obtaining a development permit if it meets all of the
regulations located within section 6.48.
6.49 SOLAR COLLECTOR (LARGE)
Bylaw 19-911
6.49.1
Bylaw 23-969
Development Standards for a Solar Collector (Large):
a)
Minimum setbacks:
i.
A Solar Collector (Large) shall be located a distance of at least 0.8 km (0.5 m), from
any land or building not belonging to the owner of the land on which the Solar
Collector (Large) is located.
ii.
All other buildings: as per the respective district requirements.
iii.
Road allowances: as per the respective district requirements.
b)
Solar Collector (Large) access shall be protected by means acceptable to the
Development Authority and may include such things as a locked fence.
c)
All power lines on the Solar Collector (Large) site shall be underground unless
otherwise approved by the Development Authority.
6.49.2
Bylaw 23-969
6.49.3
Bylaw 23-969
Solar Collector (Large) must be in accordance with Alberta Utilities Commission (AUC).
Approval Process for a Solar Collector (Large):
a)
All development permit applications for a Wind Solar Collector (Large) shall be
accompanied by:
i.
A scaled site plan showing existing features and development, the location of the
proposed Solar Collector (Large), related facilities, and access roads;
ii.
A visual representation of the proposed Solar Collector (Large) including scaled
elevations and digital representations;
iii.
An Environmental Impact Assessment (EIA), shall be required by the Development
Authority to address things such as visual impacts, and nuisance;
iv.
A Decommissioning Plan outlining how the Solar Collector (Large) site will be
reclaimed to the satisfaction of the Municipal District of Smoky River, shall be
provided at the time of development permit application;
v.
A weed control plan must be developed to the satisfaction of the Development
Authority
vi.
Any other information that the Development Authority determines is pertinent to
the decision making process.
b)
Prior to making a decision on a development permit application, the Development
Authority shall require the applicant to provide an opportunity for the general public
to view and comment on the proposal. At the discretion of the Development
Authority, the consultation shall consist of at a minimum a public meeting and mail-
outs to residents / landowners.In addition to public consultation, the Development
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
Authority may refer the application to any agency or stakeholder it determines may
be affected by the proposal.
6.49.4
The system, device or structure must meet all applicable provincial codes, regulations and
standards including the building code and any other municipal requirements.
6.49.5
Bylaw 23-969
No signage, advertising or accessory installations shall be placed on a Solar Collector (Large).
6.49.6
Bylaw 23-969
The decommissioning plan identified in 6. 49.2(e) detailing removal of all Solar Collector (Large)
shall include at a minimum:
a) Reclamation of structures and the land back to its natural state or equivalent land
capability as required by the appropriate Alberta Government Department shall include:
b) A cost estimate prepared by a qualified professional that outlines the costs of
decommissioning the full installation and reclamation of the entire subject lands.
c) Security must be submitted to the satisfaction of the Municipality and may be subject to
third party review completed by a qualified professional, at the cost of the Applicant.
6.49.7
Bylaw 23-969
If the Solar Collector (Large) is out of service or not producing energy for a period of two-years, it
will be deemed non-operational and decommissioning, removal, and reclamation must commence
immediately in accordance with the decommission plan submitted with the application.
6.50 CHILD CARE FACILITIES AND FAMILY DAY HOMES
Bylaw 19-911
6.50.1
Child Care Facilities:
a)
Shall follow the Child Care Licensing Regulations that may provide programming for
the social, creative, educational and physical development of children;
b)
Shall have privacy screening or other buffering techniques designed to limit impact
on other uses or the surrounding residential properties;
c)
In any Residential District:
i.
Shall not change the principal character or external appearance of the dwelling
in which it is located;
ii.
Shall have an outdoor play area designed and secured according to Provincial
regulations and must be shown on the plan submitted for a development
permit; and
iii.
Shall provide parking according to the regulations outlined in Part 10 Parking &
Loading Facilities of this Bylaw. In addition, a drop-off area shall be provided at
the rate of one (1) drop-off space for every five (5) children, or at the discretion
of the Development Authority.
6.50.2
A Family Day Home/ After School Care:
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
a)
shall not be located in a dwelling unit containing another Home Business; and require
privacy screening that prevents visual intrusion into any outdoor play areas.
6.51 FENCES IN HAMLETS
6.51.1
Bylaw 23-969
Bylaw 23-969
Bylaw 23-969
Bylaw 23-969
Bylaw 23-969
Bylaw 23-969
Bylaw 23-969
Bylaw 23-969
Bylaw 23-969
Bylaw 23-969
Bylaw 23-969
In any district within the designated boundaries of a hamlet, except as herein provided,
a)
No fence shall be constructed that is located on public property;
b)
No fence shall be constructed that is:
i.
For internal lots, no higher than 2.0 m for that portion of the fence that does not
extend beyond the foremost portion of the principal building on the site and 1.0 m
for that portion of the fence that does extend beyond the foremost portion of the
principal building on the lot;
ii.
For corner lots, no higher than 2.0 m for that portion of fence that does not extend
beyond the foremost portion of the principal building abutting the front yard on
the narrow frontage and 2.0 m on the property line on the front yard abutting a
public road and lane if, in the opinion of the Development Authority, it will not
prejudice the safety and amenities of the adjoining lots;
iii.
In the case of corner lots, no person shall construct a fence or other screening,
including landscaping, more than 1.0 m high within the triangular area 6.0 m back
from the intersecting front boundary lines of the lot, regardless of whether or not
a corner cut-off has been taken; and
iv.
Where lots have both their front and rear yards facing onto a street, special
approval of the Development Authority must be obtained prior to the erection of
any fences on such properties. Size and specifications for fences in these areas must
conform with the overall standard set for the area by the MD.
c)
Apartments or row houses adjacent to a single detached residential dwelling shall
provide a wooden fence, or other such screening approved by the Development
Authority, of not more than 2.0 m in height along the side abutting the single
detached dwelling;
d)
In the case of commercial, public and quasi-public uses abutting a residential area, a
solid fence shall be provided of at least 1.5 m in height and no higher than 2.0 m
along the sides abutting the residential area;
e)
Notwithstanding Subsection (c) above, the maximum height of a fence in an Industrial
district shall be determined by the Development Authority. Where a fence has been
permitted to be higher than 2.0 m in an Industrial district, no barbed wire fences shall
be permitted below a height of 2.0 m. This requirement may be relaxed by the
Development Authority at his/her discretion in an area where residences would not
be in close proximity to the fence proposed;
f)
No electrification of fences shall be permitted; and
g)
No barbed wire fences shall be permitted in residential districts.
Bylaw 23-969 Figure 6.51.1
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
6.52 DONNELLY REGIONAL AERODROME
6.52.1
All development located within the Donnelly Regional Aerodrome area shall be developed in a
manner consistent with the following:
a. Regulations contained within the Municipal District of Smoky River's Land Use Bylaw
b. Regulations contained within the Donnelly Regional Aerodrome: Aerodrome
Opportunities and Constraints Development Plan, prepared by WSP and dated October
2023, as amended from time to time.
6.52.2
A proposed development which is not consistent with the Donnelly Regional Aerodrome:
Aerodrome Opportunities and Constraints Development Plan shall require an amendment to the
Donnelly Regional Aerodrome plan prior to Development Permit approval.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
SECTION SEVEN - ESTABLISHMENT OF DISTRICTS, BOUNDARIES
AND OVERLAYS
7.1
DISTRICT CLASSIFICATION
7.1.1
Bylaw 23-969
For the purpose of this Bylaw, the area encompassed by the Municipal District of Smoky River No.
130 is divided into the following districts, as depicted on Schedule "D" - Land Use Bylaw District
Map forming part of this Bylaw:
A
Agriculture District
C-1
Commercial District
CM-1
Commercial Industrial District
DC
Direct Control District
DC-HWY (deleted)
H
Hamlet District
M-1
Industrial District
MCR
Multi-Parcel Country Residential District
REC
Recreation District
Schedules C and D and any maps attached thereto form part and parcel of this Bylaw.
7.2
OVERLAY CLASSIFICATION
7.2.1
Overlays provide a means to alter or specify regulations for Permitted and Discretionary Uses in
otherwise appropriate districts in order to achieve the local planning objectives in specially
designated areas throughout the Municipal District of Smoky River No. 130.
7.2.2
The regulations provided in the Overlay shall be substituted for the specified regulations of the
underlying district. Where there appears to be a conflict between the provisions of the Overlay
and those of the underlying district, the provisions of the overlay shall take precedence and effect.
7.2.3
Notwithstanding 7.2.2, the provisions of Donnelly A.V.P.A. shall take precedence over the
provisions of any other Overlay.
7.3
INTERPRETATION OF DISTRICT BOUNDARIES
7.3.1
Boundaries between districts shall be determined as follows:
a) where a district boundary is indicated as following a street or highway, the boundary
shall be the centre line of such street or highway;
b) where a district boundary is indicated as following the lot lines, the boundary shall
follow such lot lines;
c) where a railroad right-of-way, electrical transmission line right-of-way or watercourse
is included on any schedule and serves as a boundary between two or more different
districts, a line midway on such right-of-way or watercourse and extending in the
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
general direction of the long division thereof shall be considered the boundary
between districts unless specifically indicated otherwise;
d) where a district boundary is indicated as following the limits of Municipal District of
Smoky River No. 130, the limits shall be the boundary; or
e) where the above provisions do not apply, Council may determine the boundary.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
SECTION EIGHT - AGRICULTURE (A) DISTRICT
8.1
PURPOSE
The purpose of this district is to recognize uses that are compatible with the agricultural
community while minimizing the loss of agricultural land to non-agricultural purposes.
8.2
USES IN THE AGRICULTURE (A) DISTRICT
In this district, no person shall use any lot or erect, alter or use any building for any purpose except
for one or more of the following uses.
8.2.1
Permitted Uses
Bylaw 19-911
Bylaw 23-969
➢ Accessory building or use
➢ Agriculture (extensive)
➢ Dugout/borrow pit
➢ Farm building
➢ Home-based business (minor)
➢ (Deleted) Public Utility
➢ Sign
➢ Single detached dwelling
8.2.2
Discretionary Uses
Bylaw 23-969
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
➢
Aerodrome
➢
Aggregate extraction
➢
Agriculture (intensive)
➢
Agriculture industry
➢
Airstrips
➢
Brewery, winery and distillery
➢
Bulk product sales and/or storage
➢
Cannabis production and distribution facility
➢
Cemetery
➢
Clustered communal dwelling
➢
Community hall
➢
Contractor, general
➢
Contractor, limited
➢
Family care facility
➢
Family day home
➢
Home-based business (major)
➢
Kennel
➢
Moved in dwelling
➢
Multi-family dwelling
➢
Natural resource extraction industries
➢
Oilfield equipment storage
➢
Public use
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
Bylaw 23-969
Bylaw 19-911
Bylaw 23-969
Bylaw 19-911
Bylaw 23-969
Bylaw 23-969
Bylaw 19-911
➢
Recreation (extensive)
➢
Religious use facility
➢
School
➢
Secondary suite
➢
Solar Collector (Large)
➢
Solar Collector (Small) not in conformance with Section 6.48.
➢
Veterinary clinic
➢
Wind Energy Conversion System (Small) not in conformance with Section 6.48
➢
Wind Energy Conversion System (Large)
➢
Work Camp (Temporary)
8.3
REQUIREMENTS
In addition to the General Provisions set out in Section 6, the following provisions shall apply to all
developments in district.
8.3.1
Lot Area
a)
Farmstead separation
and second parcel out:
Minimum: 1.21 hectares (3 acres)
Maximum: 4.05 hectares (10 acres)
or, at the discretion of the Development Officer based on the
need to accommodate related farm buildings, improvements
or site conditions, natural features or existing development
require a larger or smaller lot.
b)
Extensive agriculture:
Minimum: 1 quarter section or at the discretion of the
Development Officer based on the following criteria:
i.
The parcel is physically severed
ii. The parcel can be economically viable as an agricultural
unit
c)
All other uses:
At the discretion of the Development Officer.
8.3.2
Density (Maximum)
Bylaw 23-969
a)
Residential uses
Three (3) parcels per quarter section, with the balance of the
quarter section being one of the parcels.
b)
All other uses:
At the discretion of the Development Officer.
Parcels created for public use are not included in density
calculations.
8.3.3
Yard Setbacks (Minimum)
a)
Residential Uses
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
Front Yard:
See Section 6.29
Rear Yard:
15.24 metres (50 feet)
Interior Side Yard:
15.24 metres (50 feet)
Exterior Side Yard:
See Section 6.7
b)
All other uses
Front Yard:
See Section 6.29
Rear Yard:
At the discretion of the Development Officer
Interior Side Yard:
At the discretion of the Development Officer
Exterior Side Yard:
See Section 6.7
8.3.4
Additional Requirements
The Development Officer may decide on such other requirements as are necessary, having due
regard to the Municipal Development Plan, the nature of a proposed development and the purpose
of this District.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
SECTION NINE - COMMERCIAL (C-1) DISTRICT
9.1
PURPOSE
The purpose of this district is to provide for commercial uses outside the Hamlet Districts that are
intended to offer services to residents and visitors of the Municipal District.
9.2
USES IN THE COMMERCIAL (C-1) DISTRICT
In this district, no person shall use any lot or erect, alter or use any building for any purpose except
for one or more of the following uses.
9.2.1
Permitted Uses
Bylaw 23-969
➢ Accessory buildings and uses
➢ Artisan Shop
➢ Convenience store
➢ Hotel
➢ Motel
➢ (Deleted) Public Utility
➢ Restaurant
➢ Retail outlet
➢ Sign
9.2.2
Discretionary Uses
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 23-969
Bylaw 19-911
Bylaw 23-969
➢ Accessory dwelling unit
➢ Brewery, winery, distillery
➢ Brewpub
➢ Bulk product sales and/or storage
➢ Cannabis retail store
➢ Car wash
➢ Oilfield services
➢ Sales and service for equipment and vehicles
➢ Saw mill and/or planer mill
➢ Service station
➢ Solar Collector (Small) not in conformance with Section 6.48.
➢ Storage yard
➢ Trucking operation or terminal
➢ Warehouse
➢ Wind Energy Conversion System (Small)
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
9.3
REQUIREMENTS
In addition to the General Provisions set out in Section 6, the following provisions shall apply to
developments in this district.
9.3.1
Bylaw 23-969
Bylaw 23-969
Hotels, Motels, Restaurants, Retail Outlets :
a)
Parcel Size (minimum):
2,090.31 square metres (22,500 square feet)
Lot Width: (minimum):
45.72 metres (150 feet)
Lot Depth: (minimum):
Lot Coverage (Maximum):
45.72 metres (150 feet )
40%
b)
Yard Setbacks
Front Yard:
See Section 6.29
Interior Side Yard:
3.5 metres (11.5 feet)
Exterior Side Yard:
See Section 6.7
Rear Yard:
7.62 metres (25 feet)
9.3.2
All other uses:
Bylaw 23-969
a)
Parcel Size (minimum):
At the discretion of the Development Officer.
b)
Yard Setbacks
Front Yard:
See Section 6.29
Interior Side Yard:
3.5 metres (11.5 feet)
Exterior Side Yard:
See Section 6.7
Rear Yard:
7.62 etres (25 feet)
c) Lot Coverage
45%
9.3.3
In cases where fire or other hazards, noise, dust or noxious emissions are associated with a
proposal, setbacks may be increased in proportion to the expected nuisance.
9.3.4
Additional Requirements
The Development Officer may decide on such other requirements as are necessary, having due
regard to the Municipal Development Plan, the nature of a proposed development and the
purpose of this District.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
SECTION TEN - COMMERCIAL INDUSTRIAL (CM-1) DISTRICT
10.1 PURPOSE
The purpose of this district is to accommodate sales and services to business and industry in the
Municipal District and neighbouring municipalities. This district may provide a buffer between
people-oriented and large scale industrial development.
10.2 USES IN THE COMMERCIAL (CM-1) DISTRICT
In this district, no person shall use any lot or erect, alter or use any building for any purpose except
for one or more of the following uses.
10.2.1
Permitted Uses
➢ Accessory buildings and uses
➢ Sales and service for equipment and vehicles
➢ Sign
➢ Trucking operation or terminal
10.2.2
Discretionary Uses
Bylaw 23-969
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 23-969
Bylaw 19-911
Bylaw 23-969
Bylaw 23-969
➢ Accessory dwelling unit
➢ Auto wreckers
➢ Salvage yard
➢ Brewery, winery and distillery
➢ Brewpub
➢ Bulk product sales and/or storage
➢ Cannabis retail store
➢ Cannabis production and distribution facility
➢ Oilfield services
➢ Open or covered storage of goods, equipment, vehicles or machinery
➢ Saw mill and/or planer mill
➢ Service station and/or car wash
➢ Solar Collector (Small) not in conformance with Section 6.48.
➢ Warehouse
➢ Wind Energy Conversion System (Small)
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
10.3 REQUIREMENTS
In addition to the General Provisions set out in Section 6, the following provisions shall apply to
developments in this district.
10.3.1
Bylaw 23-969
a)
Parcel Size:
At the discretion of the Development Officer.
b)
Parcel Density:
At the discretion of the Development Officer.
c)
Yard Setbacks
Front Yard:
See Section 6.29
Interior Side Yard:
15.24 metres (50 feet)
Exterior Side Yard:
See Section 6.7
Rear Yard:
15.24 etres (50 feet)
d) Lot Coverage
50%
10.3.2
In cases where fire or other hazards, noise, dust or noxious emissions are associated with a
proposal, setbacks may be increased in proportion to the expected nuisance.
10.3.3
Additional Requirements
The Development Officer may decide on such other requirements as are necessary, having due
regard to the Municipal Development Plan, nature of a proposed development and the purpose
of this District.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
SECTION ELEVEN - INDUSTRIAL (M-1) DISTRICT
11.1 PURPOSE
The purpose of this district is to provide for industrial uses adjacent to major roads and minimize
the impact of industrial uses on better agricultural land.
11.2 USES IN THE INDUSTRIAL (M-1) DISTRICT
In this district, no person shall use any lot or erect, alter or use any building for any purpose except
for one or more of the following uses.
11.2.1
Permitted Uses
Bylaw 23-969
➢
Accessory building and use
➢
(Deleted) Public Utility
➢
Sign
11.2.2
Discretionary Uses
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 23-969
Bylaw 19-911
Bylaw 19-911
Bylaw 23-969
➢
Accessory dwelling unit
➢
Agricultural industry
➢
Auto wrecker
➢
Brewery, winery and distillery
➢
Bulk product sales and/or storage
➢
Cannabis production and distribution facility
➢
Car wash
➢
Manufacturing plant
➢
Natural resource extraction industry
➢
Oil and gas processing plant
➢
Oilfield services
➢
Sales and service for equipment and vehicles
➢
Salvage yard
➢
Saw mill and planer mill
➢
Service station
➢
Solar Collector (Small) not in conformance with Section 6.48.
➢
Storage, processing or production of dangerous goods
➢
Storage yard
➢
Trucking operation or terminal
➢
Warehouse
➢
Wind Energy Conversion System (Small)
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
11.3 REQUIREMENTS
11.3.1
In addition to the General Provisions set out in Section 6, the following provisions shall apply to
developments in this district.
Bylaw 23-969
a)
Parcel Size (minimum):
2,787,09 square metres (30,000 square feet)
Lot Width (minimum):
60.96 metres (200 feet)
Lot Depth (minimum):
Lot Coverage (Maximum):
45.72 metres (150 feet )
50%
b)
Yard Setbacks
Front Yard:
See Section 6.29
Interior Side Yard:
15.24 metres (50 feet)
Exterior Side Yard:
See Section 6.7
Rear Yard:
15.24 metres (50 feet)
11.3.2
In cases where fire or other hazards, noise, dust or noxious emissions are associated with a
proposal, setbacks may be increased in proportion to the expected nuisance.
11.3.3
Uses which involve the outside storage of goods, machinery, vehicles, building materials, waste
materials and other similar objects shall be screened from adjacent sites and roads, through the
use of fences, berms, landscaping or a combination thereof, to the satisfaction of the Development
Officer.
11.3.4
Additional Requirements
The Development Officer may decide on such other requirements as are necessary, having due
regard to the Municipal Development Plan, the nature of a proposed development and the
purpose of this District.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
SECTION TWELVE - MULTI-PARCEL COUNTRY RESIDENTIAL (MCR)
DISTRICT
12.1 PURPOSE
The purpose of this district is to accommodate multi-parcel country residential development, with
coterminous boundaries, that will be compatible with the agricultural community on marginal
agricultural land.
12.2 USES IN THE MULTI-PARCEL COUNTRY RESIDENTIAL (MCR) DISTRICT
In this district, no person shall use any/or erect, alter or use any building for any purpose except
for one or more of the following uses.
12.2.1
Permitted Uses
Bylaw 23-969
➢
Accessory building or use
➢
Home-based business (minor)
➢
(Deleted) Public Utility
➢
Sign
➢
Single detached dwelling
12.2.2
Discretionary Uses
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 23-969
Bylaw 19-911
Bylaw 23-969
Bylaw 23-969
➢
Agriculture (extensive)
➢
Family care facility
➢
Family day home
➢
Home-based business (major)
➢
Kennel
➢
Moved in dwelling
➢
Public use
➢
Secondary Suite
➢
Solar Collector (Small) not in conformance with Section 6.48.
➢
Wind Energy Conversion System (Small)
12.3 REQUIREMENTS
12.3.1
In addition to the General Provisions set out in Section 6, the following provisions shall apply to
developments in this district.
a)
Parcel Size
Minimum:
1.2 hectares (3 acres)
Maximum:
4 hectares (10 acres)
or, at the discretion of the Development Officer if site
conditions, natural features or existing development
require a larger or smaller lot.
Municipal District of Smoky River No. 130
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Land Use Bylaw No. 865
Bylaw 23-969
b) Lot Coverage
50%
c)
Yard Setbacks
Front Yard:
See Section 6.29
Interior Side Yard:
7.62 metres (25 feet)
Exterior Side Yard:
See Section 6.7
Rear Yard:
7.62 metres (25 feet)
d) Multi-parcel country residential subdivisions may be permitted in areas that are not
classified as better agricultural land in the Municipal Development Plan area.
12.3.2
Density
Maximum of eight (8) lots not including the balance of the quarter section.
12.3.3
Notwithstanding the above parcel size and density requirements, parcel size and density
requirements may be relaxed if in accordance with an approved Area Structure Plan.
12.3.4
Additional Requirements
a) Multi-parcel country residential subdivision proposals shall require the completion of an
area structure plan that provides for:
a. potable water supply and adequate quantity for the entire development;
b. acceptable on-site sewage disposal;
c. soil capability for adequate building sites on all lots, including drainage and soil
capability to support foundations; and
d. other requirements that may be necessary as determined by the municipality.
b) In making a decision the Development Officer may consider such matters as:
a. Provision, operations and maintenance of sewer and water facilities
b. Provision, operations and maintenance of roads;
c. Provision of power and heat;
d. Collection and disposal of refuse;
e. Fire and Police protection;
f. Development of parks and recreational areas; and
g. Availability of school accommodation and school busing.
d) The Development Officer may decide on such other requirements as are necessary, having
due regard to the Municipal Development Plan, the nature of a proposed development and
the purpose of this District.
Municipal District of Smoky River No. 130
Page 103
Land Use Bylaw No. 865
SECTION THIRTEEN - HAMLET (H) DISTRICT
13.1 PURPOSE
The purpose of this district is to provide for a variety of uses within hamlets.
13.2 USES IN THE HAMLET (H) DISTRICT
In this district, no person shall use any lot or erect, alter or use any building for any purpose except
for one (1) or more of the following uses.
13.2.1
Permitted Uses
Bylaw 15-880
2015/11/04
Bylaw 23-969
➢
Accessory building and use
➢
Home-based business (minor)
➢
Public use
➢
(Deleted) Public Utility
➢
Single detached dwelling
13.2.2
Discretionary Uses
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 15-880
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 15-880
Bylaw 19-911
➢
Agricultural industry
➢
Artisan shop
➢
Auto wrecker
➢
Brewery, winery and distillery
➢
Brewpub
➢
Bulk product sales and/or storage
➢
Cannabis Retail Sales
➢
Car Wash
➢
Child care facility
➢
Contracting, general
➢
Contracting, limited
➢
Community Hall
➢
Convenience store
➢
Family care facility
➢
Family day home
➢
Hotel
➢
Home-based business (major)
➢
Motel
➢
Moved in dwelling
➢
Multi-family dwelling
➢
Office, Business Trade or Professional
➢
Parking lot
➢
Public park and/or playground
➢
Recreation (intensive)
➢
Religious use facility
➢
Automotive service and/or paint shop
Municipal District of Smoky River No. 130
Page 104
Land Use Bylaw No. 865
Bylaw 15-880
Bylaw 19-911
Bylaw 23-969
Bylaw 19-911
Bylaw 23-969
Bylaw 19-911
Bylaw 23-969
Bylaw 15-880
➢
Retail Outlet
➢
Restaurant
➢
Salvage Yard
➢
School
➢
Sign
➢
Secondary Suite
➢
Service station
➢
Sollar Collector, small not in conformance with Section 6.48.
➢
Storage Yard
➢
Trucking operation or terminal
➢
Veterinary clinic
➢
Wind Energy Conversion System (Small)
➢
Work camp (temporary)
13.3 REQUIREMENTS
In addition to the General Provisions set out in Section 6, the following provisions shall apply to
developments in this district.
13.3.1
Lot Area
a)
Residential Uses (minimum): 696.77 square metres (7500 square feet)
b)
Other Uses: At the discretion of the Development Officer.
13.3.2
Lot Width
a)
Residential (minimum): 15.24 metres (50 feet)
b)
Other Uses: At the discretion of the Development Officer.
13.3.3
Yard Setbacks
a)
Residential Uses:
Front Yard (minimum):
7.62 metres (25 feet )
Interior Side Yard (minimum):
1.52 metres (5 feet)
External Side Yard (minimum):
3.05 metres (10 feet)
Rear Yard (minimum):
7.62 metres (25 feet )
In the case of accessory buildings or structures, setbacks may be relaxed by the
Development Officer.
b)
All Other Uses:
If adjacent to a residential use, a minimum side yard of 10 feet (3.1 m.) will be
required.
Where a firewall is provide for non-residential uses, no side yard setbacks are
required.
Municipal District of Smoky River No. 130
Page 105
Land Use Bylaw No. 865
The Development Officer will increase setbacks if there is the potential for
incompatibility between proposed and existing uses.
13.3.4
Bylaw 23-969
Lot Coverage
50% maximum
13.3.5
The Development Officer will exercise discretion in issuing permits in the Hamlet District based
on the capability of the street system to accommodate traffic and the compatibility of uses with
regard to any potential hazard or nuisance.
13.3.6
The Development Officer may decide on such other requirements as are necessary, having due
regard to the Municipal Development Plan, the nature of a proposed development and the
purpose of this District.
Municipal District of Smoky River No. 130
Page 106
Land Use Bylaw No. 865
SECTION FOURTEEN - DIRECT CONTROL (DC) DISTRICT
14.1 PURPOSE
14.1.1
The general purpose of this district is to regulate, direct and control the development of specialized
areas, land uses and complex development proposals within the Municipal District. The
Development Officer for all proposals within this district shall be the Council of the Municipal
District of Smoky River No. 130.
14.1.2
All subdivision and development proposals and approvals within this district shall be at the
discretion of Council upon evaluation of a completed subdivision/development application as
defined within this bylaw.
14.2 SITE PROVISIONS
14.2.1
Consideration and satisfaction of the following matters and any others deemed necessary, as
detailed in a subdivision or development permit application shall be given prior to considering a
development approval:
a)
proposed land use
b)
area of site (parcel size shall be sufficient to accommodate use and private servicing)
c)
setbacks
d)
parking (all parking shall be accommodated on site)
e)
water servicing (development must supply, by private means, a quality and quantity
suitable for domestic use and fire protection)
f)
sewer servicing (development must supply, by private means, a sewage disposal
system to Provincial standards)
g)
landscaping and buffering (all development shall be landscaped and buffered to the
satisfaction of Council)
h)
signage
i)
traffic impact and access arrangements (access shall be provided to ensure safe truck
turning movements and to a standard satisfactory to Council)
j)
emergency management provisions
k)
storm water management
l)
environmental protection measures
SECTION FIFTEEN - DONNELLY CORNER HIGHWAY COMMERCIAL AND
INDUSTRIAL DISTRICT (DC-HWY) DISTRICT (deleted)
Bylaw 23-969
Municipal District of Smoky River No. 130
Page 107
Land Use Bylaw No. 865
SECTION SIXTEEN - RECREATION (R) DISTRICT
16.1 PURPOSE
The purpose of this district is to permit the development of intensive and extensive recreational
facilities and uses.
16.2 USES IN THE RECREATION (R) DISTRICT
In this district, no person shall use any lot or erect, alter or use any building for any purpose except
for one or more of the following uses.
16.2.1
Permitted Uses
➢ Accessory building or uses
➢ Campground
➢ Park
16.2.2
Discretionary Uses
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 19-911
Bylaw 23-969
Bylaw 23-969
➢ Child care facility
➢ Club
➢ Golf course
➢ Health Services facility
➢ Open Space
➢ Park
➢ Recreational facility
➢ Signs
➢ Solar Collector (Small) not in conformance with Section 6.48
➢ Staff accommodation
➢ Wind Energy Conversion System (Small)
Municipal District of Smoky River No. 130
Page 108
Land Use Bylaw No. 865
16.3 REQUIREMENTS
16.3.1
Lot Area
At the discretion of the Development Officer.
16.3.2
Lot Width
At the discretion of the Development Officer.
16.3.3
Yard Setbacks
Front Yard (minimum):
See Section 6.29
Interior Side Yard (minimum):
At the discretion of the Development Officer.
External Side Yard
(minimum):
See Section 6.7
Rear Yard:
At the discretion of the Development Officer.
16.3.4
Bylaw 23-969
Lot Coverage
40% Maximum
16.3.5
Additional Requirements
The Development Officer may decide on such other requirements as are necessary, having due
regard to the Municipal Development Plan, the nature of a proposed development and the
purpose of this District.
Municipal District of Smoky River No. 130
Page 109
Land Use Bylaw No. 865
SECTION SEVENTEEN - ENVIRONMENTAL SENSITIVE LANDS
OVERLAY
17.1 PURPOSE
The purpose of this Overlay is to enable the Development Authority to require additional
information and set additional regulations for Permitted and Discretionary Uses in otherwise
appropriate districts in order to achieve environmentally responsible development.
17.2 APPLICATION
This Overlay applies to all lands shown in as Environmentally Sensitive Lands on Map 1: Land Use
Bylaw Districts.
All uses within the lands shown in as Environmentally Sensitive Lands shall be considered on a
discretionary basis.
Municipal District of Smoky River No. 130
Page 110
Land Use Bylaw No. 865
SECTION EIGHTEEN - ADOPTION OF BYLAW
18.1 REPEAL OF EXISTING LAND USE BYLAW
18.1.1
The Municipal District of Smoky River No. 130, Land Use Bylaw No. 709 and all subsequent
amendments are hereby rescinded.
18.2 EFFECTIVE DATE
18.2.1
The adoption of this Bylaw No. 865 comes into effect upon the date of its third reading by Council.
SCHEDULE "A"
DONNELLY AIRPORT VICINITY PROTECTION AREA (AVPA)
Municipal District of Smoky River No. 130
Page A-1
Land Use Bylaw No. 865
DONNELLY AIRPORT VICINITY PROTECTION AREA REGULATION
Table of Contents
Definitions
...................................................................................................................................... A - 1
General Provisions ............................................................................................................................... A - 2
Establishment of Protection Area ........................................................................................................ A - 2
Land Use ............................................................................................................................................... A - 3
Accessory Land Use
.......................................................................................................................... A - 4
Height Limitations
.......................................................................................................................... A - 4
Electronic Facilities ............................................................................................................................... A - 4
Referral for Comment .......................................................................................................................... A - 5
Amendment ...................................................................................................................................... A - 5
Application
...................................................................................................................................... A - 5
Schedules
1. Definitions
(1)
In this Regulation,
a)
"airport" means the Donnelly Airport within 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 Schedule A-4;
d)
"basic strip" means a basic strip as described in Schedule A-4;
e)
"department" means Alberta Municipal Affairs;
f)
"development" includes proposed development;
g)
"land use bylaw" means the Land Use Bylaw of the Municipal District of Smoky
River No. 130;
h)
"municipal corporation" means the Municipal District of Smoky River No. 130;
i)
"NEF" means noise exposure forecast;
j)
"NEF Contour" means a numbered contour as shown in Schedule A-2;
k)
"outer surface" means the outer surface as described in Schedule A-4;
l)
"protection area" means the Donnelly Airport Vicinity Protection Area as
described in Schedule 1 and shown in Schedule A-2;
m)
"take-off/approach surface" means a take-off and approach surface as
described in Schedule A-4;
n)
"transitional surface" means a transitional surface as described in Schedule A-
4;
Municipal District of Smoky River No. 130
Page A-2
Land Use Bylaw No. 865
(2)
For the purposes of this Regulation, "accessory land use, structure or development"
means a land use, structure or development that is subordinate or incidental to the
major land use, structure or development, as the case may be.
(3)
For the purposes of this Regulation, a reference to a land use, structure or
development may include an accessory land use, structure or development, as the case
may be.
2. General
Provisions
(1)
This Regulation applies to a development wholly or partly within the boundary of the
protection area.
(2)
All developments within the protection area under the jurisdiction of the Municipal
District of Smoky River No. 130 require a development permit except for those that
comply with the height limitations in Section 6 and the following:
a)
works of maintenance, repair or alteration provided the works do not include
structural alterations, major works of renovation, a change of use or a change
in intensity of use of the building;
b)
a fence, wall or gate;
c)
a public utility located on public property;
d)
signs,
e)
minor home-based business.
(3)
The Development Officer for the municipal corporation shall administer the
Regulation.
(4)
The Development Officer may issue a development permit for a development if the
development conforms with this Regulation and the Land Use Bylaw of the municipal
corporation.
(5)
A decision of the Subdivision and Development Appeal Board shall conform to this
Regulation.
(6)
The Development Officer and the Subdivision and Development Appeal Board are not
precluded by this Regulation from attaching to a development permit, in accordance
with the Land Use Bylaw of the municipal corporation, any conditions that do not
conflict with this Regulation.
3. Establish-
ment of
Protection
Area
(1)
The area described in Schedule A-1 is established as the Donnelly Airport Vicinity
Protection Area
(2)
If any discrepancy exists between the description of the protection area in Schedule A-
1 and the location of the protection area as shown in Schedule A-2, the description in
Schedule A-1 prevails.
Municipal District of Smoky River No. 130
Page A-3
Land Use Bylaw No. 865
4. Land Use
(1)
For the purposes of this section and Schedule A-3, the protection area is divided into
the following land use districts, namely,
a)
The Airport Property District, designated A-P, and
b)
The Airport Rural District, designated A-R,
(as shown of Schedule A-2)
(2)
For the purposes of this section, one land use is substantially similar to another if, in
the opinion of the Development Officer,
a)
its intended use is the same as that of the other,
b)
it is no more sensitive to external noise than the other,
c)
it does not attract birds,
d)
it does not generate a large amount of smoke or dust, and
e)
it does not exceed the height limitations in Section 6.
(3)
The Development Officer may issue a development permit for a development that
involves a land use that is designated "P" in Table 1 of Schedule A-3 or is substantially
similar to such a land use.
(4)
The Development Officer may issue a development permit that involves a land use that
is designated "C" followed by a number in Table 1 of Schedule A-3 or is substantially
similar to such a land use, and the appropriate conditions specified in Table 2 of
Schedule A-3 is deemed to be part of the land use for the purposes of this Regulation.
(5)
The Development Officer shall not issue a development permit for a development that
involves a land use that:
a)
is designated "NA" in Table 1 of Schedule A-3 or is substantially similar to such
a land use; or
b)
is neither listed in Table 1 of Schedule A-3 nor authorized under Sub-section
(3) or (4).
(6)
If the Development Officer is uncertain whether a land use is substantially similar to
another land use for the purposes of Sub-section (3), (4), or (5), the Development
Officer may send a copy of the development permit application to the Department for
comment.
(7)
If a development permit application is made for a development that involves a land
use that, in the opinion of the Development Officer, may attract birds or generate large
amounts of smoke or dust or both, the Development Officer may send a copy of the
application to the Department for comment.
Municipal District of Smoky River No. 130
Page A-4
Land Use Bylaw No. 865
5. Accessory
Land Use
(1)
If a development permit application is made for a development that involves an
accessory land use, structure or development that, in the opinion of the Development
Officer:
a)
is more sensitive to external noise than the major land use, structure or
development,
b)
attracts birds, or
c)
generates a large amount of smoke or dust or both,
the Development Officer may send a copy of the development permit application to
the Department for comment.
6. Height
Limitations
(1)
The Development Officer may issue a development permit for a development if no
point of the development will exceed the height of any of the following surfaces:
a)
the take-off/approach surfaces; and/or
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 metres higher than the actual height of the rails, and
b)
if the development is a highway or public roadway, the highest point of the
development shall be deemed to be 4.5 metres higher than the actual height
of the part of the highway or public roadway on which vehicles travel.
(3)
If a development permit application is made for a development whose highest point
will penetrate the outer surface, the Development Officer may send a copy of the
application to the Department for comment.
7. Electronic
Facilities
(1)
If a development permit application is made for a development whose highest point
will penetrate the outer surface, the Development Officer may send a copy of the
application to the Department for comment.
(2)
The Development Officer may send a copy of the development permit application to
the Department for comment if;
a)
the application is made for a development located wholly or partly within the
contour lines shown in Schedule A-5, and
b)
the Development Officer is satisfied that the highest point of the development
will exceed the maximum height limitations indicated in Schedule A-6.
(3)
In Sub-section 7(1), "electronic facilities restricted area" means the restricted area
around each electronic facility as shown in Schedule A-6.
Municipal District of Smoky River No. 130
Page A-5
Land Use Bylaw No. 865
(4)
For the purposes of Sub-section 7(2)(b);
a)
if the location of a development lies between two (2) numbered contours
shown in Schedule A-6, the maximum height limitations applicable to the
development is the height limitation represented by the lower of the two (2)
numbered contours, and
b)
if the location of a development lies between a numbered contour and the
boundary of the protection area shown in Schedule A-6, the maximum height
limitation applicable to the development is the height limitation represented
by the numbered contour.
8. Referral for
Comment
If a copy of an application is sent to the Department for comment, the Development Officer or
the Subdivision and Development Appeal Board may consider the response, if any.
9.
Amendment
Pursuant to the provisions of the Municipal Government Act, the Council for the Municipal
District of Smoky River No. 130 may amend this Regulation.
10.
Application
This Regulation does not apply to:
a)
a development in respect of which a development permit application was
submitted before the date on which this Regulation comes into force, or
b)
a development exempted from requiring a development permit before the
date on which this Regulation comes into force.
Municipal District of Smoky River No. 130
Page A-6
Land Use Bylaw No. 865
SCHEDULE A-1
DONNELLY AIRPORT VICINITY PROTECTION AREA
The Donnelly Airport Vicinity Protection Area of the land described below:
In township 77, range 20, west of the 5th meridian:
north-west quarter of section 28;
north half of section 29;
north half of section 30;
section 31;
section 32;
south-west quarter of section 33;
all that portion of land in the northwest quarter of section 33 that lies to the south of Highway 2 (road
plan 1902 LZ)
In township 77, range 21, west of the 5th meridian:
north half of section 25;
north-east quarter section 26;
east half of section 35;
section 36.
25
25
30
30
35
35
40
40
Airport Property District (A-P)
Airport Rural District (A-R)
NEF Contours
Airport Property Boundary
AVPA Boundary
Runway and Apron
Donnelly Village Boundary
µ
0
200
400
600
800
1,000
100
Meters
Municipal District of Smoky River No. 130
Land Use Bylaw No. 865
Airport Vicinity Protection Area - Land Use Districts
Schedule A-2
0
1,000
2,000
3,000
500
Feet
June 2014
NOTE: This map has been
consolidated for convenience
only. The Official Bylaw and
amendments thereto should be
consulted for all purposes of
interpretation and application.
Municipal District of Smoky River No. 130
Page A-8
Land Use Bylaw No. 865
SCHEDULE A-3
LAND USE IN RELATION TO NOISE EXPOSURE FORECAST AREAS
(1) In this Schedule:
a) "C" followed by a number, where it appears in one of the NEF Area columns in Table 1 opposite a
particular land use, means that the land use is subject to the conditions set out in Table 2 bearing
the same letter and number;
b) "NA", where it appears in one of the NEF area columns in Table 1 opposite a particular land use,
means that the land use is not allowed in that NEF area;
c) "NEF 25 - Area" means the NEF Area that lies between the 25 NEF Contour and the boundary of the
protections area;
d) "NEF 25 - 30 Area" means the NEF Area that lies between the 25 NEF Contour and the 30 NEF
Contour;
e) "NEF 30 - 35 Area" means the NEF Area that lies between the 30 NEF Contour and the 35 NEF
Contour;
f) "NEF 35 - 40 Area" means the NEF Area that lies between the 35 NEF Contour and the 40 NEF
Contour;
g) "NEF 40+ Area" means the NEF Area enclosed by the 40 NEF Contour;
h) "P", where it appears in one of the NEF Area columns in Table 1 opposite a particular land use, means
that the land use in that NEF Area is unconditionally permitted by this Regulation;
i)
"residential replacement or infill" means a new residential development that does not exceed the
intensity of use designated for the site in the Land Use Bylaw of the municipal corporation before
coming into force of this Regulation, and
a) that will replace a residential development that has been demolished or destroyed, or
b) is to be built on a lot that, before coming into force of this Regulation, is
i. registered under the Land Titles Act, and
ii. designated for residential development in a statutory plan
(2) Developments existing before the coming into force of this Regulation shall be deemed to comply with
the exterior acoustic insulation requirements set out in this Schedule.
Municipal District of Smoky River No. 130
Page A-9
Land Use Bylaw No. 865
SCHEDULE A-3
TABLE 1: LAND USE IN RELATION TO NOISE EXPOSURE FORECAST AREAS
The performance criteria utilized to determine permitted and conditional land uses are as follows:
(1)
uses that involve continuous human occupancy (e.g. residential use)
-
conditional approval (C1) above the 25 NEF Contour
-
not permitted above the 30 NEF Contour
(2)
uses that involve continuous human occupancy but comprise residential replacement or infill
-
conditional approval (C1) above the 25 NEF Contour
(3)
uses that involve temporary medium term human occupancy where the majority of people
occupy the space for an 8-hour work period (employee oriented) (e.g. commercial/office uses,
restaurants and hotels)
-
conditional approval (C1) above the 30 NEF Contour
-
not permitted above the 40 NEF Contour
(4)
uses that involve temporary short term human occupancy where the majority of people occupy
the space temporarily (customer oriented) (e.g. drive-in restaurants, vehicle and equipment
sales)
-
not permitted above the 40 NEF Contour
(5)
uses that involve the indoor assembly of people (e.g. clubs, fraternal organizations)
-
conditional approval (C1) above the 30 NEF Contour
-
not permitted above the 40 NEF Contour
(6)
uses that involve outdoor recreation
-
conditional approval (C3) above the 30 NEF Contour
(7)
uses that involve outdoor accommodations (e.g. camping, R.V. trailer park)
-
not permitted above the 35 NEF Contour
(8)
uses that may attract birds or produce large quantities of smoke, dust or both
-
referral required (C2)
(9)
uses that, because of their nature, are not adversely affected by external noise due to limited or
no human occupancy or sufficient internal noise generation
-
permitted
(10)
uses that may be adversely affected by external noise but do not involve human occupancy (e.g.
kennel, fur farm)
-
referral required (C2) above the 25 NEF Contour
(11)
other uses require specific determination of noise compatibility
-
referral required (C2)
Municipal District of Smoky River No. 130
Page A-10
Land Use Bylaw No. 865
AIRPORT PROPERTY DISTRICT (A-P)
Land Use
Performance
Criteria
Noise Exposure Forecast Areas
NEF
NEF
NEF
NEF
NEF
25-
25-30
30-35
35-40
40+
Area
Area
Area
Area
Area
Airport related use
9
P
P
P
P
P
Extensive agriculture
9
P
P
P
P
P
Municipal District of Smoky River No. 130
Page A-11
Land Use Bylaw No. 865
AIRPORT RURAL DISTRICT (A-R)
The Airport Rural District (A-R) refers to the area within the AVPA boundary that reflects the rural municipal
corporation's land use districts.
Land Use continued
Performance
Criteria
Noise Exposure Forecast Areas
NEF
NEF
NEF
NEF
NEF
25-
25-30
30-35
35-40
40+
Area
Area
Area
Area
Area
Agricultural Use
Extensive agriculture
9
P
P
P
P
P
Farm building
(treat as accessory use)
Fur farm
10
P
C2
C2
C2
C2
Garden centre
4
P
P
P
P
NA
Confined Feeding Operation
8
C2
C2
C2
C2
C2
Market gardening
9
P
P
P
P
P
Tree farming
9
P
P
P
P
P
Commercial Use
Abattoir
8
C2
C2
C2
C2
C2
Auto wrecker
9
P
P
P
P
P
Building or related contractor
(plumbing, electrical, trucking)
3
P
P
C1
C1
NA
Butcher shop
4
P
P
P
P
NA
Clinic, medical office and health
services
3
P
P
C1
C1
NA
Convenience store
4
P
P
P
P
NA
Drive-in theatre
8
C2
C2
C2
C2
C2
Kennel
10
P
C2
C2
C2
C2
Landscape contractor
4
P
P
P
P
NA
Machinery or equipment storage,
sales and service
4
P
P
P
P
NA
Major or minor home-based
business
(treat as accessory use)
Motel, hotel
3
P
P
C1
C1
NA
Parking facility
9
P
P
P
P
P
Professional, financial and general
office
3
P
P
C1
C1
NA
Repair and/or auto body shop
4
P
P
P
P
NA
Restaurant
3
P
P
C1
C1
NA
Retail shop
3
P
P
C1
C1
NA
Service station/car wash
4
P
P
P
P
NA
Sign
9
P
P
P
P
P
Municipal District of Smoky River No. 130
Page A-12
Land Use Bylaw No. 865
Land Use
Performance
Criteria
Noise Exposure Forecast Areas
NEF
NEF
NEF
NEF
NEF
25-
25-30
30-35
35-40
40+
Area
Area
Area
Area
Area
Commercial Use continued
Tavern, beverage room, cabaret,
and cocktail lounge
3
P
P
C1
C1
NA
Vehicle or machine storage
9
P
P
P
P
P
Veterinary Clinic
10
P
C2
C2
C2
C2
Welding shop
4
P
C2
C2
C2
NA
Industrial Use
Alfalfa pelletizing plant
8
C2
C2
C2
C2
C2
Anhydrous ammonia storage
9
P
P
P
P
P
Asphalt plant
8
C2
C2
C2
C2
C2
Bulk fuel/petroleum and fertilizer
sales and storage
9
P
P
P
P
P
Cement plant
8
C2
C2
C2
C2
C2
Chemical processing plant
8
C2
C2
C2
C2
C2
Feed Mill
8
C2
C2
C2
C2
C2
Fertilizer plant
8
C2
C2
C2
C2
C2
Grain bin manufacturing, sales or
storage
9
P
P
P
P
P
Grain Elevator
8
C2
C2
C2
C2
C2
Gravel and Sand Pit
8
C2
C2
C2
C2
C2
Light industrial facility
- office or lab
- other
3
9
P
P
P
P
C1
P
C1
P
NA
P
Malt plant
8
C2
C2
C2
C2
C2
Natural resource extraction
industry
8
C2
C2
C2
C2
C2
Oil and gas processing plant or
refinery
8
C2
C2
C2
C2
C2
Oilfield services
4
P
P
P
P
NA
Pipe/culvert storage
9
P
P
P
P
P
Sawmill
8
C2
C2
C2
C2
C2
Seed cleaning plant
8
C2
C2
C2
C2
C2
Warehousing
9
P
P
P
P
P
Municipal District of Smoky River No. 130
Page A-13
Land Use Bylaw No. 865
Land Use
Performance
Criteria
Noise Exposure Forecast Areas
NEF
NEF
NEF
NEF
NEF
25-
25-30
30-35
35-40
40+
Area
Area
Area
Area
Area
Public and Semi Public Use
Cemetery
9
P
P
P
P
P
Religious use facility
5
P
P
C1
C1
NA
Community Hall
5
P
P
C1
C1
NA
Government office
3
P
P
C1
C1
NA
Government yard or shop
9
P
P
P
P
P
Hospital and nursing home
1
P
C1
NA
NA
NA
Library
3
P
P
C1
C1
NA
Managed and/or supplemental
natural bird habitat
8
C2
C2
C2
C2
C2
Public incinerator
8
C2
C2
C2
C2
C2
Sanitary landfill site
8
C2
C2
C2
C2
C2
School
3
P
P
C1
C1
NA
Sewage treatment plant
8
C2
C2
C2
C2
C2
Thermal electric plant
8
C2
C2
C2
C2
C2
Recreational Use
Arena and swimming pool
5
P
P
C1
C1
NA
Campground
7
P
P
P
NA
NA
Exhibition ground
6
P
P
C3
C3
C3
Golf Course
6
P
P
C3
C3
C3
Public park
6
P
P
C3
C3
C3
RV parking facility
7
P
P
P
NA
NA
Residential Use
Manufactured home
1
P
C1
NA
NA
NA
Manufactured home park
1
P
C1
NA
NA
NA
Residential dwelling unit
1
P
C1
NA
NA
NA
Residential replacement or infill
2
P
C1
C1
C1
C1
Municipal District of Smoky River No. 130
Page A-14
Land Use Bylaw No. 865
SCHEDULE A-3
TABLE 2: LAND USE CONDITIONS
C1
Construction shall conform to the exterior acoustic insulation requirements of Part 11 of
the Alberta Building Code 1990 declared in force by the Alberta Building Regulation, 1991
(Alta. Reg. 109/91) for those NEF Areas other than the NEF 25 - Area unless otherwise stated
in this Regulation. Where this condition is specified, the Development Officer shall indicate
on the development permit the noise contours between which the proposed development
site would be located for reference of the building inspector at the time of the building
permit application is filed.
C2
A copy of the application may be sent to the Department for comment before the
Development Officer decides whether or not a development permit will be issued.
C3
The development shall not include structures for the seating of spectators except as varied
to allow for seating that, in the opinion of the Development Officer, is of a minor nature.
Municipal District of Smoky River No. 130
Page A-15
Land Use Bylaw No. 865
SCHEDULE A-4
HEIGHT LIMITATIONS
Basic Strip
(1)
The basic strip is a rectangular area measured 60 metres out from each end
of the runway, 45 metres on each side of the centre line of the runway and
with a total length of 1020.0 metres
Take-off/approach
surfaces
(2)
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 1:30 (3.33%) measured from the end of the
basic strip,
c) that diverges outward on each side as it rises, at a rate of 10% measured
from the respective projected sides of the basic strip, and
d) that ends at its intersection with the outer surface
Transitional
surfaces
(3)
There is a transitional surface associated with each side 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 sides of the basic strip,
b) rises at a slope ratio of 1:7 (14.3%) from an elevation at the centre point
of the runway opposite the proposed development, and measured
from the sides of the basic strip, and
c) ends at its intersection with the outer surface and the take-
off/approach surfaces.
Airport zoning
reference point
elevation
(4)
The airport zoning reference point elevation is the elevation used to
establish the height of the outer surface and for the purpose of this
Regulation is deemed to be 590.1 metres above sea level.
Outer surface
(5)
The outer surface of the Protection Area is an imaginary surface consisting
of a common plane established at a constant elevation of 45 metres above
the airport reference point elevation and extending to the outer limits of the
Protection Area.
Municipal District of Smoky River No. 130
Page A-16
Land Use Bylaw No. 865
General
(6)
The area locations of the take-off/approach surfaces and transitional
surfaces are represented on the map shown in Schedule 5, but if any
discrepancy exists between the description of the take-off/approach
surfaces or transitional surfaces in this Schedule and their location on the
map in Schedule 5, the description in the Schedule prevails.
<
!
!
15 m
20 m
35 m
30 m
45 m
40 m
25 m
30 m
15 m
20 m
45 m
10 m
35 m
40 m
25 m
10 m
15 m
20 m
35 m
30 m
45 m
40 m
25 m
10 m
15 m
20 m
35 m
30 m
45 m
40 m
25 m
10 m
5 m
5 m
5 m
590.1 m ASL
594.1 m ASL
590.1 m ASL
!
Runway Threshold Elevation
<
Airport Zoning Reference Point
Elevation (590.1m ASL)
Height Limitation Contour
AVPA Boundary
Airport Property Boundary
Runway and Apron
Donnelly Village Boundary
µ
0
200
400
600
800
1,000
100
Meters
Municipal District of Smoky River No. 130
Land Use Bylaw No. 865
Airport Vicinity Protection Area- Height Limitations
Schedule A-5
0
600
1,200
1,800
2,400
3,000
300
Feet
June 2014
NOTE: This map has been
consolidated for convenience
only. The Official Bylaw and
amendments thereto should be
consulted for all purposes of
interpretation and application.
#
601.0 m
ASL
606.0 m
ASL
601.
0
m ASL
10 m
A
GL
606.0
m ASL
15m AGL
611.0 m ASL
20 m
AGL
Municipal District of Smoky River No. 130
Land Use Bylaw No. 865
Airport Vicinity Protection Area- Electronic Facilities
Schedule A-6
#
DME Location
AVPA Boundary
Airport Property Boundary
Height Limitation Contour, 5 m increments
NDB Location
Electronic Facilities Restricted Area
Runway and Apron
Donnelly Village Boundary
June 2014
µ
0
200
400
600
800
1,000
100
Meters
0
600
1,200
1,800
2,400
3,000
300
Feet
NOTE: This map has been
consolidated for convenience
only. The Official Bylaw and
amendments thereto should be
consulted for all purposes of
interpretation and application.
SCHEDULE "B" - Deleted
SCHEDULE "C" - Deleted
SCHEDULE "D"
LIST OF AMENDMENTS
Municipal District of Smoky River No. 130
Page D-1
Land Use Bylaw No. 865
LIST OF AMENDMENTS
BYLAW No.
DATE
PURPOSE
LAND AFFECTED
15-880
2015/11/04
Hamlet use changes
Not Applicable
16-887
2016/12/14
Revise Manufactured Home and
Modular Building definitions and
regulations
Not Applicable
16-888
2016/12/14
Remove Schedule B - Land Use Bylaw
Forms
Not Applicable
19-911
2019/06/12
Comprehensive Land Use Bylaw
Review & Update
Not Applicable
23-969
2024/02/14
Comprehensive Land Use Bylaw
Review and Update
Not Applicable
SCHEDULE "E"
LAND USE DISTRICT MAPS
SE4 78-19-5
19
32
1
21
3
19
PARCEL A
14
4
28
3
8
G
22
D
H
B
13
4
1
9
18
F
A
SE32 77-19-5
LOT B
B
34
9
LOT B
15
34
A
CNR EXTRA R/W
31
10
11
26
A
NE29 77-19-5
7
C
8
11
20
32
11
17
2
27
1
B1
25
C
C1
7
8
B
16
15
CANADIAN NATIONAL RAILWAY
20
7
30
9
22
X
2
LOT D
13
SW32 77-19-5
3
1
28
40
SW32 77-19-5
SW33 77-19-5
31
NW33 77-19-5
E
E
D
31
NW28 77-19-5
A
5
6
17
C1
23
NW29 77-19-5
1
2
33
19
LOT C
PARCEL
32
1
NW29 77-19-5
34
14
36
41
F
CANAL R/W
16
C
24
25
21
26
J
6
4
CANADIAN NATIONAL RAILWAY
29
KSW33 77-19-5
39
33
29
12
33
13
12
12
X
29
SE33 77-19-5
10
LOT 6
14
SW33 77-19-5
LOT C
CANAL R/W
CANAL R/W
29
LA
CANAL R/W
29
LOT X
CANAL R/W
L
LC
LOT B
LOT B
LOT D
CANADIAN NATIONAL RAILWAY
LOT X
1
30
LA
B1
CANADIAN NATIONAL RAILWAY EXTRA R/W
SW33
LA
LOT A
LOT A
23
7
NE31 77-19-5
CANAL R/W
SE31 77-19-5
SE31 77-19-5
SE33 77-19-5
NE21 77-19-5
NW21 77-19-5
CANAL R/W
NE28 77-19-5
CANAL R/W
CANAL R/W
SE29 77-19-5
SW28 77-19-5
CANAL R/W
NE30 77-19-5
NE19 77-19-5
SE31 77-19-5
SE31 77-19-5
RAILWAY
NW20 77-19-5
9-5
SW27 77-19-5
NE33 77-19-5
SE28 77-19-5
CANAL R/W
CANAL R/W
SE30 77-19-5
NE20 77-19-5
CANAL R/W
CANAL R/W
NW27 77-19-5
NE21 77-19-5
SW34 77-19-5
SE29 77-19-5
SW29 77-19-5
NW22 77-19-5
NW34 77-19-5
CANAL R/W
SW28 77-19-5
NW22
NW21 77-19-5
1
NUISANCE GROUND
CNR EXTRA R/W
1
1
1
1
8
X
X
X
30
1
1
1
Mackenzie
Municipal
Services
Agency
Berwyn, AB
Municipal District of
Smoky River No. 130
Land Use Bylaw No. 865
µ
0
500
1,000
1,500
250
Metres
Bylaw No.865
Adopted on: June 11, 2014
Last updated: June 13, 2014
McLennan
Agriculture (AG)
Commercial (C-1)
Multi-parcel Country Residential (MCR)
Donnelly Corner Highway Commercial and
Industrial (DC-HWY)
Hamlet (H)
Industrial (M-1)
Commercial Industrial (CM-1)
Recreation (REC)
Direct Control (DC)
Environmentally Sensitive Lands
Other Municipal Jurisdiction
Road
NW32 77-
1
NE31 77-20-5
SW32 77-
NW31 77-20-5
1
SW31 77-20-5
SE31 77-20-5
1
7
17
1
2
14
LOT B
2
16
1
13
18
CANADIAN NATIONAL RAILWAY
17
7
8
16
R1
SW6 78-20-5
NW6 78-20-5
SW6 78-20-5
14
1
13
SW6 78-20-5
10
15
15
9
16
16
1
R36
13
14
10
NW6
13
8
16
CANADIA
SE7 78-20-5
NE6 78-20-5
CANAL R/W
SW5 78-20-5
NW5 78-2
SW8 78-2
SW5 78-
SE6 78-20-5
SE6 78-20-5
SW7 78-20-5
A
SW36 77-21-5
LOT B
SE35 77-21-5
NE36 77-21-5
NE35 77-21-5
NW36 77-21-5
SE36 77-21-5
A
3
CANADIAN NATIONAL RAILWAY
18
A
SE1 78-21-5
6
B
4
11
3
LOT A
5
NE1 78-21-5
3
NE1 78-21-5
3
6
11
LOT A
12
1
5
1
MAINTENANCE SITE
A
SE1 78-21-5
A
LOT B
PARCEL A
CANAL R/W
NW1 78-21-5
SE12 78-21-5
L R/W
SW12 78-21-5
CANADIAN NATIONAL RAILWAY
AY
NE2 78-21-5
SE11 78-21-5
SE2 78-21-5
NE2 78-21-5
NW1 78-21-5
Area A
SW1 78-21-5
LOT C
LOT B
A
A
18
Mackenzie
Municipal
Services
Agency
Berwyn, AB
Municipal District of
Smoky River No. 130
Land Use Bylaw No. 865
µ
0
500
1,000
1,500
250
Metres
Bylaw No.865
Adopted on: June 11, 2014
Last updated: June 13, 2014
Donnelly Corner
Agriculture (AG)
Commercial (C-1)
Multi-parcel Country Residential (MCR)
Donnelly Corner Highway Commercial and
Industrial (DC-HWY)
Hamlet (H)
Industrial (M-1)
Commercial Industrial (CM-1)
Recreation (REC)
Direct Control (DC)
Environmentally Sensitive Lands
Other Municipal Jurisdiction
Road
DRAINAGE DITCH
LOT 1
NE33 77-21-5
SW34 77-21-5
NE32 77-21-5
NW32 77-21-5
DRAINAGE DITCH
SW35 77-21-5
SE33 77-21-5
SW33 77-21-5
SE32 77-21-5
NE34 77-21-5
NE31 77-21-5
NE33 77-21-5
SE34 77-21-5
SW32 77-21-5
NW34 77-21-5
LOT 1
SW34 77-21-5
NW33 77-21-5
DRAINAGE DITCH
SE31 77-21-5
SE34 77-21-5
NW34 77-21-5
NW35 77-21-5
1
20
B
A
17
1
14
9
9
18
9
X
15
10
LOT E
1
SE8 7 8-21-5
2
16
B
LB
B
12
4
SW9
CANAL R/W
SW9
SE9 78-21-5
SW9 7 8-21-5
4
SW9
A
15
LOT 1
LOT 1
18
1
A
DRAINAGE DITCH
11
4
2
12
16
LOT F
4
3
3
3
16
12
8
12
CNR
11
10
16
C
A
12
12
A
10
LOT A
5
1
SW9 7 8-21-5
5
9
8
11
NW4 78-21-5
15
11
1
14
11
16
1
17
B
5
15
CANADIAN NATIONAL RAILWAY
PARCEL A
10
16
CANAL R/W
7
LOT C
5
3
9
2
8
3
6
18
LOT H
13
2
PARCEL A
1
LOT 1
7
SW9 7 8-21-5
13
B
2
Z
LOT 4
LOT F
4
4
LOT 1
A
7
2
5
2
17
LOT D
SW9 7 8-21-5
1
5
1
3
18
2
SW4 7 8-21-5
11
5
3
NW4 78-2 1-5
3
LOT B
4
C
2
10
1
SE8 78-21-5
LOT B
18
20
X
1
9
9
LOT 2
5
A
LOT 6
3
LOT A
6
6
NE4 78-2 1-5
4
3
5
CANAL R/W
3
5
C
NE5 78-21-5
17
5
STORAGE AREA
12
6
CANADIAN NATIONAL RAILWAY
5
SW9 7 8-21-5
4
18
18
10
4
2
Y
15
8
SE9 7 8-21-5
7
LOT G
7
LOT B
3
LOT 5
SEWAGE LAGOON
19
NE4 78-2 1-5
7
PCL A
PCL B
LD
1
9
1
1
1
DRAINAGE DITCH
DRAINAGE DITCH
NE9 78-21-5
SE16 78-21-5
SW17 78-21-5
NW11 78-21-5
NW3 78-21-5
SE3 78-21-5
SE6 78-21-5
5
CANAL R/W
SE8 78-21-5
NE10 78-21-5
NE7 78-21-5
NW2 78-21-5
SW14 78-21-5
NE6 78-21-5
SE7 78-21-5
1
1
SE18 78-21-5
SW11 78-21-5
CANADIAN NATIONAL RAILWAY
SW3 78-21-5
SE17 78-21-5
NW9 78-21-5
NE3 78-21-5
PARCEL B
NW5 78-21-5
NATIONAL RAILWAY
CANADIAN NATIONAL RAILWAY
CANAL R/W
SW8 78-21-5
CANAL R/W
SE5 78-21-5
SW15 78-21-5
NW9 78-21-5
CANADIAN NATIONAL RAILWAY
NE3 78-21-5
CANAL R/W
NE8 78-21-5
NW2 78-21-5
SE4 78-21-5
SE7 78-21-5
SW16 78-21-5
NW10 78-21-5
SE10 78-21-5
NW8 78-21-5
SW10 78-21-5
SE15 78-21-5
SW8 78-21-5
W7 78-21-5
SW5 78-21-5
SW2 78-21-5
1
1
LOT 1
BATTERY SITE
WATER RESERVOIR SITE
1
1
1
1
15
8
1
4
20
12
1
1
10
8
Mackenzie
Municipal
Services
Agency
Berwyn, AB
Municipal District of
Smoky River No. 130
Land Use Bylaw No. 865
µ
0
500
1,000
1,500
2,000
2,500
250
Metres
Bylaw No.865
Adopted on: June 11, 2014
Last updated: June 13, 2014
Falher
Agriculture (AG)
Commercial (C-1)
Multi-parcel Country Residential (MCR)
Donnelly Corner Highway Commercial and
Industrial (DC-HWY)
Hamlet (H)
Industrial (M-1)
Commercial Industrial (CM-1)
Recreation (REC)
Direct Control (DC)
Environmentally Sensitive Lands
Other Municipal Jurisdiction
Road
9
9
A
9
9
8
6
4
7
4
7
3
L1
6
B
4
3
6
CANAL R/W
6
3
A
4
4
7
8
9
NE9
DRAINAGE DITCH
B
6
1
5
C
P
6
1
A
5
6
6
6
1
6
6
6
2
2
2
5
1
1
1
10
6
E
LOT 1
CANADIAN NATIONAL RAILWAY
SE16 78-22-5
LAGOON SITE
NW10 78-22-5
SW15 78-22-5
NE9 78-22-5
LOT A
CANAL R/W
2
F
1
SW15 78-22-5
SE16 78-22-5
CNR
CANADIAN NATIONAL RAILWAY
1
NE9 78-22-5
SW10 78-22-5
SW9 78-22-5
NE15 78-22-5
NW14
NE10 78-22-5
NW9 78-22-5
22-5
SW16 78-22-5
SW11
SE10 78-22-5
NW15 78-22-5
-22-5
NW11
1
SE9 78-22-5
SW14
NE16 78-22-5
NE10 78-22-5
SE17 78-22-5
NW16 78-22-5
CANAL R/W
SW16 78-22-5
78-22-5
CANADIAN NAT
8-22-5
N
SE15 78-22-5
LWAY
Mackenzie
Municipal
Services
Agency
Berwyn, AB
Municipal District of
Smoky River No. 130
Land Use Bylaw No. 865
µ
0
500
1,000
1,500
250
Metres
Bylaw No.865
Adopted on: June 11, 2014
Last updated: June 13, 2014
Girouxville
Agriculture (AG)
Commercial (C-1)
Multi-parcel Country Residential (MCR)
Donnelly Corner Highway Commercial and
Industrial (DC-HWY)
Hamlet (H)
Industrial (M-1)
Commercial Industrial (CM-1)
Recreation (REC)
Direct Control (DC)
Environmentally Sensitive Lands
Other Municipal Jurisdiction
Road
SW3
NW3
NW
SW6
1
7
D
A
C
SE35 79-22-5
SW36 79-22-5
NE35 79-22-5
SE36 79-22-5
2-5
B
NW36 79-22-5
NW35 79-22-5
NW36 79-22-5
NE34 79-22-5
NE36 79-22-5
SW35 79-22-5
NW36
1
NW36
1
4
3
5
1
1
1
NE1 80-22-5
NE2 80-22-5
2
1
SW1 80-22-5
6
NW1 80-22-5
SE1 80-22-5
2-5
SE2 80-22-5
5
2-5
SW2 80-22-5
NW2 80-22-5
4
4
4
4
1
1
1
Mackenzie
Municipal
Services
Agency
Berwyn, AB
Municipal District of
Smoky River No. 130
Land Use Bylaw No. 865
µ
0
500
1,000
1,500
250
Metres
Bylaw No.865
Adopted on: June 11, 2014
Last updated: June 13, 2014
Jean Cote
Agriculture (AG)
Commercial (C-1)
Multi-parcel Country Residential (MCR)
Donnelly Corner Highway Commercial and
Industrial (DC-HWY)
Hamlet (H)
Industrial (M-1)
Commercial Industrial (CM-1)
Recreation (REC)
Direct Control (DC)
Environmentally Sensitive Lands
Other Municipal Jurisdiction
Road
NE3
SW31 75-20-5
NW31 75-20-5
SE3
SE6
1
NE6
SW6 76-20-5
NW6 76-20-5
5
4
4
4
LOT B1
LOT J
NW36 75-21-5
1
5
LOT C
LOT C
LOT G
LOT H
5
LOT B
4
LOT F
LOT E
5
4
LOT D
NE35 75-21-5
SE35 75-21-5
NE36 75-21-5
SW36 75-21-5
21-5
21-5
SE36 75-21-5
1
LOT B
1
SW1 76-21-5
1
LOT A
2
3
1
B
NE1 76-21-5
NW1 76-21-5
SE2 76-21-5
NE2 76-21-5
21-5
SE1 76-21-5
21-5
Mackenzie
Municipal
Services
Agency
Berwyn, AB
Municipal District of
Smoky River No. 130
Land Use Bylaw No. 865
µ
0
500
1,000
1,500
250
Metres
Bylaw No.865
Adopted on: June 11, 2014
Last updated: June 13, 2014
Guy
Agriculture (AG)
Commercial (C-1)
Multi-parcel Country Residential (MCR)
Donnelly Corner Highway Commercial and
Industrial (DC-HWY)
Hamlet (H)
Industrial (M-1)
Commercial Industrial (CM-1)
Recreation (REC)
Direct Control (DC)
Environmentally Sensitive Lands
Other Municipal Jurisdiction
Road
SE34 76-19-5
NE24 76-19-5
1
SW27 76-19-5
LWAY
SE26 76-19-5
NE35 76-19-5
NE27 76-19-5
SE25 76-19-5
NE25 76-19-5
CANADIAN NATIONAL RAILWAY
NE26 76-19-5
CANADIAN NATIONAL RAILWAY
NE22 76-19-5
NW35 76-19-5
SE27 76-19-5
SE36 76-19-5
SW35 76-19-5
NE34 76-19-5
SW34 76-19-5
SW35 76-19-5
SE35 76-19-5
NW27 76-19-5
NW24 76-19-5
SW25 76-19-5
SW36 76-19-5
NE23 76-19-5
NW34 76-19-5
NE26 76-19-5
SE26 76-19-5
NW26 76-19-5
1
NW36 76-19-5
NW22 76-19-5
NE36 76-19-5
1
NW23 76-19-5
NW25 76-19-5
SW26 76-19-5
NE23 76-19-5
NW35 76-19-5
NW24 76-19-5
NW26 76-19-5
1
Mackenzie
Municipal
Services
Agency
Berwyn, AB
Municipal District of
Smoky River No. 130
Land Use Bylaw No. 865
µ
0
500
1,000
1,500
250
Metres
Bylaw No.865
Adopted on: June 11, 2014
Last updated: June 13, 2014
Kathleen
Agriculture (AG)
Commercial (C-1)
Multi-parcel Country Residential (MCR)
Donnelly Corner Highway Commercial and
Industrial (DC-HWY)
Hamlet (H)
Industrial (M-1)
Commercial Industrial (CM-1)
Recreation (REC)
Direct Control (DC)
Environmentally Sensitive Lands
Other Municipal Jurisdiction
Road
1
NE29 77-21-5
SW31 77-21-5
NW30 77-21-5
SE30 77-21-5
NE32 77-21-5
NW32 77-21-5
SW29 77-21-5
SW30 77-21-5
NW31 77-21-5
SE32 77-21-5
NE31 77-21-5
NE30 77-21-5
SW32 77-21-5
SE29 77-21-5
SE31 77-21-5
NW29 77-21-5
1
1
1
1
1
NE5 78-21-5
DRAINAGE DITCH
SE6 78-21-5
NW6 78-21-5
NE6 78-21-5
PARCEL B
NW5 78-21-5
SE5 78-21-5
SW6 78-21-5
SW5 78-21-5
NW36 77-22-5
NE26 77-22-5
NE35 77-22-5
SW25 77-22-5
SE26 77-22-5
SW35 77-22-5
NE36 77-22-5
SW36 77-22-5
SE25 77-22-5
SW26 77-22-5
SE35 77-22-5
NW35 77-22-5
SE36 77-22-5
NE25 77-22-5
NW25 77-22-5
NW26 77-22-5
1
1
1
SE1 78-22-5
SE2 78-22-5
NW1 78-22-5
NE1 78-22-5
SW2 78-22-5
NE2 78-22-5
NW2 78-22-5
SW1 78-22-5
1
1
Mackenzie
Municipal
Services
Agency
Berwyn, AB
Municipal District of
Smoky River No. 130
Land Use Bylaw No. 865
µ
0
500
1,000
1,500
2,000
250
Metres
Bylaw No.865
Adopted on: June 11, 2014
Last updated: June 13, 2014
Hwy 49 and Rge Rd 220
Agriculture (AG)
Commercial (C-1)
Multi-parcel Country Residential (MCR)
Donnelly Corner Highway Commercial and
Industrial (DC-HWY)
Hamlet (H)
Industrial (M-1)
Commercial Industrial (CM-1)
Recreation (REC)
Direct Control (DC)
Environmentally Sensitive Lands
Other Municipal Jurisdiction
Road
Falher
Donnelly
McLennan
Girouxville
Guy
Jean Cote
Kathleen
Hwy 49 &
Rge Rd 220
TWP 76
TWP
74
TWP 75
TWP 79
TWP 80
TWP 78
TWP 77
RGE 19
RGE 20
RGE 24
RGE 23
RGE 21
RGE 22
TWP 80
TWP 79
TWP 78
TWP 77
TWP 76
TWP 75
TWP 74
µ
MD of Smoky River
No. 130
Amendments
Land Use Bylaw No. 865
As Amended
Land Use Districts
Agriculture (AG)
Commercial (C-1)
Multi-parcel Country Residential (MCR)
Donnelly Corner Highway Commercial and Industrial (DC-HWY)
Hamlet (H)
Industrial (M-1)
Commercial Industrial (CM-1)
Recreation (REC)
Direct Control (DC)
Environmentally Sensitive Lands
Detail Map Location
Road
Creek
Railroad
Drainage Canal
Bylaw No.
Date
Mackenzie
Municipal
Services
Agency
Berwyn, AB
Last Updated: June 13, 2014
Data Sources: AltaLIS Ltd.,
M.D. of Smoky River
Map 1: Land Use Bylaw Districts
Adopted by Council this 11th day of June, 2014
CHIEF ADMINISTRATIVE OFFICER -
Lucien Turcotte
REEVE - Robert Brochu
0
2
4
6
8
10
1
Miles
0
2
4
6
8
10
1
Kilometres