Bylaw No. 11-2019 Land Use Bylaw
Municipal District of Spirit River No. 133, Alberta
· adopted 2019-10-29
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LAND USE BYLAW NO. 11-2019
October 2019
Municipal District of Spirit River No. 133
Land Use Bylaw No. 11-2019
October 2019
Table of Contents
TABLE OF CONTENTS
SECTION 1 ENACTMENT ............................................................................................. 1
1.1
Title ................................................................................................................................. 1
1.2
Purpose .......................................................................................................................... 1
1.3
Application ...................................................................................................................... 1
1.4
Conformity With Bylaw .................................................................................................... 1
1.5
Additional Requirements................................................................................................. 1
1.6
Transitional Provisions.................................................................................................... 1
1.7
Severability ..................................................................................................................... 1
1.8
Interpretation .................................................................................................................. 1
SECTION 2 DEVELOPMENT AUTHORITIES .............................................................. 2
2.1
Establishment of Development Authority ........................................................................ 2
2.2
Duties and Powers of Development Authority ................................................................ 2
SECTION 3 LAND USE DISTRICTS ............................................................................ 3
3.1
Establishment of Districts ............................................................................................... 3
3.2
Land Use District Maps ................................................................................................... 3
3.3
Land Use District Boundaries .......................................................................................... 3
3.4
Agriculture (AG1) District ................................................................................................ 4
3.5
Agriculture Restricted (AR) District ................................................................................. 6
3.6
Country Residential 1 (CR1) District ............................................................................... 8
3.7
Country Residential 2 (CR2) District ............................................................................. 10
3.9
Crown Land (CL) District .............................................................................................. 11
3.10 Direct Control (DC) District ........................................................................................... 12
3.11 Highway Development (HD) District ............................................................................. 13
3.12 Recreation (R) District .................................................................................................. 15
3.13 Rural Commercial (RC) District .................................................................................... 17
3.14 Rural Industrial (RI) District .......................................................................................... 19
3.15 Airport Vicinity Overlay (AVO) ...................................................................................... 21
SECTION 4 GENERAL REGULATIONS ................................................................... 23
4.1
Approaches and Driveways .......................................................................................... 23
4.2
Building Height ............................................................................................................. 23
4.3
Corner Lots ................................................................................................................... 23
4.4
Design, Character and Appearance of Buildings .......................................................... 24
4.5
Dwelling Units on a Lot ................................................................................................. 24
4.6
Environmental Standards ............................................................................................. 24
4.7
Exterior Storage ............................................................................................................ 26
4.8
Fencing and Screening ................................................................................................. 27
4.9
Fragmented Parcels...................................................................................................... 27
4.10 Landscaping ................................................................................................................. 27
4.11 Lighting ......................................................................................................................... 27
4.12 Lot Coverage ................................................................................................................ 27
4.13 Objects Prohibited or Restricted in Yards ..................................................................... 28
4.14
Parking and Loading ..................................................................................................... 28
4.15 Permitted Encroachments ............................................................................................ 29
4.16 Relocation of Buildings ................................................................................................. 29
4.17 Removal of Topsoil and Site Grading ........................................................................... 29
Municipal District of Spirit River No. 133
Land Use Bylaw No. 11-2019
October 2019
Table of Contents
4.18 Risk Assessment .......................................................................................................... 30
4.19 Sewage Disposal Systems ........................................................................................... 31
4.20 Transportation .............................................................................................................. 31
SECTION 5 SPECIAL REGULATIONS ...................................................................... 32
5.1
Accessory Buildings and Uses ..................................................................................... 32
5.2
Cannabis ...................................................................................................................... 32
5.3
Child Care Facilities ...................................................................................................... 32
5.4
Communication Towers and Antennas ......................................................................... 32
5.5
Confined Feeding Operations ....................................................................................... 33
5.6
Dugouts ........................................................................................................................ 33
5.7
Grain Bins ..................................................................................................................... 33
5.8
Group Homes ............................................................................................................... 34
5.9
Home Based Business ................................................................................................. 34
5.10 Land Farms .................................................................................................................. 35
5.11 Manufactured Homes.................................................................................................... 35
5.12 Oilfield Facilities ............................................................................................................ 36
5.13 Signs ............................................................................................................................. 36
5.14 Solar Collectors ............................................................................................................ 37
5.15 Solar Energy Facilities .................................................................................................. 37
5.16 Wind Energy Conversion Systems (WECS), Small Scale ............................................ 38
5.17 Wind Farms .................................................................................................................. 38
5.18 Work Camps ................................................................................................................. 40
SECTION 6 ADMINISTRATIVE PROVISIONS ........................................................... 41
6.1
When Development Permits Are Required ................................................................... 41
6.2
When Development Permits Are Not Required ............................................................ 41
6.3
Development Permit Applications ................................................................................. 42
6.4
Subdivision Applications ............................................................................................... 42
6.5
Determination and Notification of Complete Applications .............................................. 43
6.6
Referrals ....................................................................................................................... 43
6.7
Development Authority's Discretion .............................................................................. 43
6.8
Conditions of a Development Permit or Subdivision Approval ...................................... 44
6.9
Notification of Decision ................................................................................................. 45
6.10 Appeals ......................................................................................................................... 46
6.11 Amendments ................................................................................................................ 46
6.12 Compliance ................................................................................................................... 48
SECTION 7 DEFINITIONS .......................................................................................... 50
SCHEDULES
Schedule A
Land Use District Maps
Schedule B
Land Use Bylaw Forms
Schedule C
Land Use Bylaw Amendments
Municipal District of Spirit River No. 133
Land Use Bylaw No. 11-2019
October 2019
Page 1
SECTION 1 ENACTMENT
1.1
Title
1.1.1
This Bylaw may be cited as the "Municipal District of Spirit River No. 133 Land Use Bylaw".
1.2
Purpose
1.2.1
The purpose of this Bylaw is to manage the use and development of land and buildings within the
Municipality to achieve the orderly, economical and beneficial development of land.
1.3
Application
1.3.1
The provisions of this Bylaw apply to all land and buildings within the boundaries of the
Municipality.
1.4
Conformity With Bylaw
1.4.1
No person shall commence or continue any development unless it is in accordance with this
Bylaw and the terms and conditions of a development permit issued pursuant to this Bylaw,
where such a permit is required.
1.5
Additional Requirements
1.5.1
In addition to meeting the requirements of this Bylaw, it is the responsibility of the applicant to
obtain other such permits, approvals or licenses that may be required by the Municipality or other
government departments and agencies.
1.6
Transitional Provisions
1.6.1
An application for a development permit that is received in its complete and final form prior to the
effective date of this Bylaw shall be processed in accordance with Bylaw No. 03-2009 as
amended.
1.7
Severability
1.7.1
In the event any portion of this Bylaw is found invalid or is overturned by a Court of Law, the
validity of the remaining portions of this Bylaw shall not be affected.
1.8
Interpretation
1.8.1
The words "shall", "will" and "must" require mandatory compliance except where a variance has
been granted pursuant to the Act or this Bylaw.
1.8.2
In the event of a conflict between the text of this Bylaw and the Act, the Act shall take
precedence.
1.8.3
In the case of a conflict between the text of this Bylaw and any maps or drawings used to
illustrate any aspect of this Bylaw, the text shall take precedence.
1.8.4
In the case of a conflict between values expressed in metric units and in imperial units, the metric
value shall take precedence.
1.8.5
In the case of a conflict between a Land Use District requirement and the General Regulations
(Section 4) or Special Regulations (Section 5), the Land Use District requirement shall take
precedence.
Municipal District of Spirit River No. 133
Land Use Bylaw No. 11-2019
October 2019
Page 2
SECTION 2 DEVELOPMENT AUTHORITIES
2.1
Establishment of Development Authority
2.1.1
The office of Development Officer, as established by separate bylaw, and filled by a person or
persons to be appointed by Council, is hereby authorized to act as a "Development Authority".
2.1.2
The Municipal Planning Commission, as established by separate bylaw, is hereby authorized to
act as a "Development Authority".
2.2
Duties and Powers of Development Authority
2.2.1
The Development Officer shall:
(a) be hereby appointed a "Designated Officer" for the purposes of entering and inspecting land;
(b) receive, process, and review all development permit and subdivision applications;
(c) keep and maintain for inspection by the public during office hours, a copy of this Bylaw and
all amendments thereto;
(d) undertake all administrative functions as required by legislation and keep a register of all
applications for development, including the decisions thereon and the reasons therefore for a
minimum period of 7 years; and
(e) refer all subdivision applications to Municipal Planning Commission for a decision.
2.2.2
Notwithstanding 2.2.1(b), the Development Officer may:
(a) refer any development permit application to the Municipal Planning Commission for a
decision; and
(b) refer development permit applications to the Municipal Planning Commission, at his or her
discretion, for those uses not listed either as Permitted Uses or Discretionary Uses in the
subject Land Use District.
2.2.3
The Municipal Planning Commission shall:
(a) consider and decide on all development permit applications for Discretionary Uses;
(b) consider any other development permit or subdivision applications referred by the
Development Officer.
Municipal District of Spirit River No. 133
Land Use Bylaw No. 11-2019
October 2019
Page 3
SECTION 3 LAND USE DISTRICTS
3.1
Establishment of Districts
3.1.1
For the purpose of this Bylaw, all lands within the Municipality are divided into the following Land
Use Districts:
Land Use District
Symbol
Agriculture
Agriculture Restricted
Country Residential 1
Country Residential 2
Crown Land
Direct Control
Highway Development
Recreation
Rural Commercial
Rural Heavy Industrial
Rural Industrial
Airport Vicinity Overlay
AG1
AR
CR1
CR2
CL
DC
HD
R
RC
RH
RI
AVO
3.2
Land Use District Maps
3.2.1
The Land Use District Maps, as may be amended or replaced from time to time, divide the
Municipality into Land Use Districts, and are contained in Schedule A.
3.3
Land Use District Boundaries
3.3.1
Where uncertainty arises as to the precise location of a Land Use District boundary, the following
rules shall apply:
(a) Where a boundary is shown as following a watercourse, it shall be deemed to follow the
centre line thereof.
(b) Where a boundary is shown as approximately following a lot line, it shall be deemed to follow
the lot line.
(c) In circumstances not covered by (a) or (b), the location of the Land Use District boundary
shall be determined:
(i)
Where dimensions are set out on the Land Use Bylaw Map, by the dimensions so set;
or
(ii) Where dimensions are not set out on the Land Use Bylaw Map with respect to such
boundary, by measurement of and use of the scale shown on the Land Use Bylaw Map.
3.3.2
Council shall maintain a list of its decisions with respect to boundaries or portions thereof fixed by
it.
3.3.3
Where a Land Use District has been established in accordance with a proposed subdivision of
land, the Land Use District shall be understood to conform to the Certificate of Title or the Plan of
Survey when registered in a land title office. Prior or the registration, the Land Use District
boundary shall be determined on the basis of the scale of the map.
3.3.4
The Land Use District standards of this Bylaw do not apply to highways, roads, or lanes.
Municipal District of Spirit River No. 133
Land Use Bylaw No. 11-2019
October 2019
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3.4
Agriculture (AG1) District
3.4.1
Purpose
The purpose of this District is to provide for the development of a wide variety of uses that are compatible
with the agricultural community.
Permitted Uses
Discretionary Uses
-
Accessory Building or Use to a Permitted
Use
-
Agriculture, Extensive
-
Apiary
-
Home Based Business, Minor
-
Manufactured Home, Single Wide
-
Manufactured Home, Double Wide
-
Park
-
Single Detached Dwelling
-
Accessory Building or Use to a Discretionary
Use
-
Agricultural Industry
-
Agriculture, Intensive
-
Auctioneering Establishment
-
Bed and Breakfast
-
Communication Tower and Antenna System
-
Community Hall or Facility
-
Contractor, General
-
Contractor, Limited
-
Dealership
-
Gas Processing Plant
-
General Industry
-
Home Based Business, Major
-
Kennel
-
Natural Resource Extraction Industry
-
Pipe and Equipment Storage
-
Public Building or Use
-
Public Utility
-
Recreation, Extensive
-
Recreational Vehicle Storage
-
Sawmill
-
Sign
-
Solar Collector
-
Solar Energy Facility
-
Veterinary Clinic
-
Wind Energy Conversion System, Small
Scale
-
Wind Farm
3.4.2
Development Regulations
In addition to those regulations in Section 4, General Regulations, and Section 5, Special Regulations,
the following regulations shall apply:
(a) Lot Area
(Minimum)
- Farmstead or Country
Residential Parcel
- Agriculture, Extensive
- Fragmented Parcel
- All Other Uses
1.2 ha (3 ac)
32 ha (80 ac)
Section 4.9
Approving Authority discretion
(b) Lot Area
(Maximum)
- Farmstead or Country
Residential Parcel
4 ha (10 ac) or at the discretion of the Approving
Authority, based on the need to accommodate
related farm buildings, improvements (including
shelterbelts), and servicing.
(c) Front Yard (Minimum)
Section 4.20
Municipal District of Spirit River No. 133
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October 2019
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(d) Side Yard (Minimum)
15.2 m (50 ft) unless a corner lot where the
minimum side yard shall be the same as the front
yard.
(e) Rear Yard (Minimum)
15.2 m (50 ft)
(f) Lot Density (Maximum)
One (1), excluding public uses lots plus the
balance per unsubdivided quarter section (not
including fragmented parcels).
Municipal District of Spirit River No. 133
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October 2019
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3.5
Agriculture Restricted (AR) District
3.5.1
Purpose
The purpose of this District is to accommodate rural development in close proximity to urban centres and
airports.
Permitted Uses
Discretionary Uses
-
Accessory Building or Use to a Permitted
Use
-
Agriculture, Extensive
-
Apiary
-
Home Based Business, Minor
-
Manufactured Home, Single Wide
-
Manufactured Home, Double Wide
-
Park
-
Single Detached Dwelling
-
Accessory Building or Use to a Discretionary
Use
-
Agricultural Industry
-
Auctioneering Establishment
-
Bed and Breakfast
-
Communication Tower and Antenna System
-
Community Hall or Facility
-
Contractor, General
-
Contractor, Limited
-
Home Based Business, Major
-
Kennel
-
Public Building or Use
-
Public Utility
-
Recreation, Extensive
-
Recreational Vehicle Storage
-
Sign
-
Solar Collector
-
Veterinary Clinic
-
Wind Energy Conversion System, Small
Scale
3.5.2
Development Regulations
In addition to those regulations in Section 4, General Regulations, and Section 5, Special Regulations,
the following regulations shall apply:
(a) Lot Area
(Minimum)
- Farmstead or Country
Residential Parcel
- Agriculture, Extensive
- Fragmented Parcel
- All Other Uses
1.2 ha (3 ac)
32 ha (80 ac)
Section 4.9
Approving Authority discretion
(b) Lot Area
(Maximum)
- Farmstead or Country
Residential Parcel
4 ha (10 ac) or at the discretion of the Approving
Authority, based on the need to accommodate
related farm buildings, improvements (including
shelterbelts), and servicing.
(c) Front Yard (Minimum)
Section 4.20
(d) Side Yard (Minimum)
15.2 m (50 ft) unless a corner parcel where the
minimum side yard shall be the same as the front
yard.
(e) Rear Yard (Minimum)
15.2 m (50 ft)
(f) Lot Density (Maximum)
One (1), excluding public uses lot plus the
balance per unsubdivided quarter section (not
including fragmented parcels).
Municipal District of Spirit River No. 133
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(g) Building Height (Maximum)
Section 3.15
3.5.3
Additional Requirements
The Development Authority may decide on such other requirements as are necessary, having due regard
to the nature of a proposed development and the purpose of this District.
Municipal District of Spirit River No. 133
Land Use Bylaw No. 11-2019
October 2019
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3.6
Country Residential 1 (CR1) District
3.6.1
Purpose
The purpose of this District is to accommodate multi-parcel country residential development with provision
for minor agricultural pursuits.
Permitted Uses
Discretionary Uses
-
Accessory Building or Use to a Permitted
Use
-
Home Based Business, Minor
-
Manufactured Home, Single Wide
-
Manufactured Home, Double Wide
-
Park
-
Single Detached Dwelling
-
Accessory Building or Use to a Discretionary
Use
-
Bed and Breakfast
-
Home Based Business, Major
-
Minor Agricultural Pursuit
-
Public Building or Use
-
Public Utility
-
Sign
-
Solar Collector
-
Wind Energy Conversion System, Small
Scale
3.6.2
Development Regulations
In addition to those regulations in Section 4, General Regulations, and Section 5, Special Regulations,
the following regulations shall apply:
(a) Lot Area (Minimum)
1.2 ha (3 ac)
(b) Lot Area (Maximum)
4 ha (10 ac) or at the discretion of the Approving
Authority, based on the need to accommodate
related farm buildings, improvements (including
shelterbelts), and servicing.
(c) Front Yard (Minimum)
Section 4.20
(d) Side Yard (Minimum)
15.2 m (50 ft). If adjacent to a road, 4.20 shall
apply.
(e) Rear Yard (Minimum)
15.2 m (50 ft)
(f) Lot Density (Maximum)
Approving Authority discretion
3.6.3
Additional Requirements
(a) The keeping of livestock shall be limited to no more than 1 animal unit per acre or part thereof to be
calculated in accordance with the following chart:
Type of Livestock
Number of Animals Equivalent
to 1 Animal Unit
Cow (plus calf under 6 months)
Horse (plus foal under 6 months)
Sheep/Goats (plus lambs/kids under 6 months)
Pigs (plus offspring under 2 months)
Fowl
Rabbits
1
1
2
2
50
30
Municipal District of Spirit River No. 133
Land Use Bylaw No. 11-2019
October 2019
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(b) Adequate fencing and/or buffering shall be constructed to the satisfaction of the Development
Authority to ensure the on-site confinement of animals and to reduce the impact of noise or visual
presence on surrounding properties.
Municipal District of Spirit River No. 133
Land Use Bylaw No. 11-2019
October 2019
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3.7
Country Residential 2 (CR2) District
3.7.1
Purpose
The purpose of this District is to accommodate multi-parcel country residential development in the form of
single detached dwellings, manufactured homes, and complementary uses on smaller lots and may be
serviced with municipal water and/or sewer services.
Permitted Uses
Discretionary Uses
-
Accessory Building or Use to a Permitted
Use
-
Home Based Business, Minor
-
Park
-
Single Detached Dwelling
-
Accessory Building or Use to a Discretionary
Use
-
Bed and Breakfast
-
Home Based Business, Major
-
Manufactured Home, Double Wide
-
Public Building or Use
-
Public Utility
-
Sign
-
Solar Collector
-
Wind Energy Conversion System, Small
Scale
3.7.2
Development Regulations
In addition to those regulations in Section 4, General Regulations, and Section 5, Special Regulations,
the following regulations shall apply:
(a) Lot Area
(Minimum)
- Municipal Sewer Servicing
- Private Sewer Servicing
0.3 ha (0.7 ac)
1.2 ha (3 ac)
(b) Lot Area
(Minimum)
- Municipal Sewer Servicing
- Private Sewer Servicing
1.2 ha (3 ac)
4 ha (10 ac)
(c) Front Yard (Minimum)
Section 4.20
(d) Side Yard (Minimum)
7.6 m (25 ft). If adjacent to a road, 4.20 shall
apply.
(e) Rear Yard (Minimum)
7.6 m (25 ft)
(f) Lot Density (Maximum)
Approving Authority discretion
3.7.3
Additional Requirements
(a) Notwithstanding 5.11.1, manufactured homes in this District shall not exceed 10 years of age.
Municipal District of Spirit River No. 133
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October 2019
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3.9
Crown Land (CL) District
3.9.1
Purpose
The purpose of this District is to provide for a variety of land uses on Crown Lands.
Permitted Uses
Discretionary Uses
-
Accessory Building or Use to a Permitted
Use
-
Agriculture, Extensive
-
Agriculture, Intensive
-
Park
-
Recreation, Extensive
-
Accessory Building or Use to a Discretionary
Use
-
Agricultural Industry
-
Campground
-
Communication Tower and Antenna System
-
Contractor, General
-
Contractor, Limited
-
General Industry
-
Home Based Business, Major
-
Home Based Business, Minor
-
Manufactured Home, Single Wide
-
Manufactured Home, Double Wide
-
Natural Resource Extraction Industry
-
Pipe and Equipment Storage
-
Public Building or Use
-
Public Utility
-
Sign
-
Single Detached Dwelling
-
Solar Collector
-
Solar Energy System
-
Wind Energy Conversion System, Small
Scale
-
Wind Farm
3.9.2
Development Regulations
In addition to those regulations in Section 4, General Regulations, and Section 5, Special Regulations,
the following regulations shall apply:
(a) Lot Area (Minimum)
Approving Authority discretion
(b) Front Yard (Minimum)
Section 4.20
(c) Side Yard (Minimum)
15.2 m (50 ft). If adjacent to a road, 4.20 shall
apply.
(d) Rear Yard (Minimum)
15.2 m (50 ft)
3.9.3
Additional Requirements
(a) The Development Authority may issue a development permit for proposed development on Crown
Land subject to the appropriate disposition (lease, license, disposition leading to a patent, etc.) being
first obtained from the Provincial Government.
(b) In cases where privately owned parcels are shown on the Land Use District Map as being located in
the Crown Land (CL) District, they shall be reviewed in accordance with the requirements of the
Agriculture (AG1) District.
Municipal District of Spirit River No. 133
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October 2019
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3.10
Direct Control (DC) District
3.10.1 Purpose
The purpose of this District is to provide for land uses under individually unique circumstances where
there is a need to provide site-specific controls.
3.10.2 Uses
Those uses specifically listed by Council by resolution to be allowed on the subject lands.
3.10.3 Development Regulations
In addition to those regulations in Section 4, General Regulations, and Section 5, Special Regulations,
the following regulations shall apply:
(a) District requirements will be established by resolution of Council and may include, but not be limited
to, such items as building height, density, minimum and maximum lot size, setback requirements,
servicing standards, building size, landscaping, accessory buildings and uses, lot grading, and any
other matter Council deems appropriate under the circumstances.
(b) When deciding on an application, Council shall consider the application having regard to:
(i)
the conformity of the proposed development to any statutory plan that may be in effect in the
area;
(ii) the existing use of adjacent lands; and
(iii) the results of any geotechnical or engineering studies that are required to determine soil
suitability, slope stability, flood risk, or other related matters.
Municipal District of Spirit River No. 133
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October 2019
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3.11
Highway Development (HD) District
3.11.1 Purpose
The purpose of this District is to regulate commercial and industrial development adjacent to highways
that cater to the travelling public.
Permitted Uses
Discretionary Uses
-
Accessory Building or Use to a Permitted
Use
-
Dealership
-
Park
-
Recreation, Extensive
-
Restaurant
-
Retail Store
-
Sign
-
Accessory Building or Use to a Discretionary
Use
-
Auctioneering Establishment
-
Bulk Fuel, Chemical or Cardlock
-
Campground
-
Cannabis, Retail
-
Contractor, General
-
Contractor, Limited
-
Equipment Sales, Rental and Repair
-
Fleet Service
-
Motel
-
Pipe and Equipment Storage
-
Public Building or Use
-
Public Utility
-
Recreation, Indoor
-
Recreational Vehicle Park
-
Recreational Vehicle Storage
-
Security Suite
-
Service Station
-
Solar Collector
-
Veterinary Clinic
-
Wind Energy Conversion System, Small
Scale
-
Work Camp
3.11.2 Development Regulations
In addition to those regulations in Section 4, General Regulations, and Section 5, Special Regulations,
the following regulations shall apply:
(a) Lot Area (Minimum)
Approving Authority discretion
(b) Front Yard (Minimum)
Section 4.20
(c) Side Yard (Minimum)
15.2 m (50 ft)
(d) Rear Yard (Minimum)
15.2 m (50 ft)
Municipal District of Spirit River No. 133
Land Use Bylaw No. 11-2019
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3.11.3 Additional Requirements
(a)
The developer shall clearly outline the source and availability of water and the method of distribution
on the site for domestic and industrial purposes, as well as firefighting capabilities. An estimate of
the amount of water required for all purposes shall be provided.
(b)
The developer shall clearly indicate the amount of sewage effluent to method of sewage disposal,
the estimated demand, and the location on the site of the proposed system(s).
(c)
The developer shall provide information on the proposed methods to be used to eliminate potential
for groundwater contamination.
(d)
The developer shall clearly identify the nature of waste material associated with the proposed use,
the method of storage on site, and the method of removal from the site.
(e)
All storage, freight yards or trucking yards shall be enclosed or completely screened by buildings,
trees, landscaped features or fences or a combination thereof to the satisfaction of the Development
Authority.
(f)
Any rural industrial use located adjacent to a highway shall be screened, landscaped and buffered to
the satisfaction of the Development Authority.
(g)
The Development Authority may decide on such other requirements as are necessary having due
regard to the nature of a proposed development of this district.
Municipal District of Spirit River No. 133
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October 2019
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3.12
Recreation (R) District
3.12.1 Purpose
The purpose of this District is to provide for the development of recreational facilities and uses while
recognizing the need to preserve environmentally sensitive lands and natural areas.
Permitted Uses
Discretionary Uses
-
Accessory Building or Use to a Permitted
Use
-
Campground
-
Park
-
Public Building or Use
-
Public Utility
-
Recreational Vehicle Park
-
Restaurant
-
Sign
-
Accessory Building or Use to a Discretionary
Use
-
Community Hall or Facility
-
Recreational Resort
-
Recreation, Indoor
-
Security Suite
-
Solar Collector
-
Wind Energy Conversion System, Small
Scale
3.12.2 Development Regulations
In addition to those regulations in Section 4, General Regulations, and Section 5, Special Regulations,
the following regulations shall apply:
(a) Lot Area
(Minimum)
- Recreational Vehicle Park
- All Other Uses
130 m2 (1,400 ft2) per recreational vehicle to
accommodate sufficient on-site vehicle
parking, manoeuvring space, and amenity
area.
Approving Authority discretion
(b) Front Yard (Minimum)
Section 4.20
(c) Side Yard (Minimum)
15.2 m (50 ft). If adjacent to a road, 4.20 shall
apply.
(d) Rear Yard (Minimum)
15.2 m (50 ft)
3.12.3 Additional Requirements
(a)
A recreational development proposal may be allowed in an Environmentally Sensitive Area when the
resulting activity is not liable to:
(i)
impair surface water and groundwater quality or quantity;
(ii) disrupt natural drainage patterns and flows;
(iii) create erosion or siltation problems;
(iv) remove significant wildlife habitat; and
(v) negatively impact a recreational setting.
(b)
The management of woodlands in their natural state is intended to preserve not only trees, but the
entire woodland ecology. Where developments are allowed, they shall be planned, constructed and
maintained so that the existing healthy trees and native vegetation are preserved to the maximum
extent feasible and are protected by adequate means during construction.
(c)
Applications to develop campgrounds and recreational resorts must be accompanied by the following
information:
(i)
A detailed site plan indicating campsite and/or cabin locations, topographic references,
vegetation, proposed play areas, and proposed washroom facilities and food concessions;
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(ii) the proposed method of water supply, sewage disposal and garbage collection (cottages and
other developments located within 50 m (165 ft) of a lake or other watercourse are required to
provide a sealed holding tank for sewage disposal);
(iii) the proposed road access, internal circulation pattern, and parking areas; and
(iv) any other information deemed necessary by the Development Authority.
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3.13
Rural Commercial (RC) District
3.13.1 Purpose
The purpose of this District is to provide for the development of commercial uses in the rural area.
Permitted Uses
Discretionary Uses
-
Accessory Building or Use to a Permitted
Use
-
Dealership
-
Public Building or Use
-
Public Utility
-
Restaurant
-
Retail Store
-
Sign
-
Accessory Building or Use to a Discretionary
Use
-
Agricultural Industry
-
Auctioneering Establishment
-
Bulk Fuel, Chemical or Cardlock
-
Bulk Retail
-
Cannabis, Retail
-
Communication Tower and Antenna System
-
Contractor, General
-
Contractor, Limited
-
Equipment Sales, Rental and Repair
-
Mini Storage
-
Motel
-
Personal Services
-
Recreation, Extensive
-
Recreation, Indoor
-
Recreational Vehicle Storage
-
Security Suite
-
Service Station
-
Solar Collector
-
Veterinary Clinic
-
Wind Energy Conversion System, Small
Scale
3.13.2 Development Regulations
In addition to those regulations in Section 4, General Regulations, and Section 5, Special Regulations,
the following regulations shall apply:
(a) Lot Area (Minimum)
0.2 ha (0.5 ac)
(b) Front Yard (Minimum)
Section 4.20
(c) Side Yard (Minimum)
7.6 m (25 ft.). If adjacent to a road, 4.20 shall
apply.
(d) Rear Yard (Minimum)
15.2 m (50 ft)
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3.13.3 Additional Requirements
(a)
The developer shall clearly outline the source and availability of water and the method of distribution
on the site for domestic and industrial purposes, as well as firefighting capabilities. An estimate of the
amount of water required for all purposes shall be provided.
(b)
The developer shall clearly indicate the amount of sewage effluent to method of sewage disposal,
the estimated demand, and the location on the site of the proposed system(s).
(c)
The developer shall provide information on the proposed methods to be used to eliminate potential
for groundwater contamination.
(d)
The developer shall clearly identify the nature of waste material associated with the proposed use,
the method of storage on site, and the method of removal from the site.
(e)
All storage, freight yards or trucking yards shall be enclosed or completely screened by buildings,
trees, landscaped features or fences or a combination thereof to the satisfaction of the Development
Authority.
(f)
Any rural industrial use located adjacent to a highway shall be screened, landscaped and buffered to
the satisfaction of the Development Authority.
(g)
The Development Authority may decide on such other requirements as are necessary having due
regard to the nature of a proposed development of this district.
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3.14
Rural Industrial (RI) District
3.14.1 Purpose
The purpose of this District is to provide for the development of industrial uses in the rural area.
Permitted Uses
Discretionary Uses
-
Accessory Building or Use to a Permitted
Use
-
Contractor, Limited
-
Equipment Sales, Rental and Repair
-
General Industry
-
Industrial Support
-
Pipe and Equipment Storage
-
Public Building or Use
-
Public Utility
-
Sign
-
Accessory Building or Use to a Discretionary
Use
-
Agricultural Industry
-
Bulk Fuel, Chemical or Cardlock
-
Cannabis Retail
-
Communication Tower and Antenna System
-
Contractor, General
-
Gas Processing Plant
-
Grain Elevator
-
Natural Resource Extraction Industry
-
Land Farm
-
Landfill, Industrial
-
Landfill, Sanitary
-
Salvage Yard
-
Security Suite
-
Service Station
-
Solar Collector
-
Solar Energy Facility
-
Wind Energy Conversion System
-
Wind Energy Conversion System, Small
Scale
-
Work Camp
3.14.2 Development Regulations
In addition to those regulations in Section 4, General Regulations, and Section 5, Special Regulations,
the following regulations shall apply:
(a) Lot Area (Minimum)
Approving Authority discretion
(b) Front Yard (Minimum)
Section 4.20
(c) Side Yard (Minimum)
15.2 m (50 ft). If adjacent to a road, 4.20 shall
apply.
(d) Rear Yard (Minimum)
15.2 m (50 ft.)
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3.14.3 Additional Requirements
(a)
The developer shall clearly outline the source and availability of water and the method of distribution
on the site for domestic and industrial purposes, as well as firefighting capabilities. An estimate of
the amount of water required for all purposes shall be provided.
(b)
The developer shall clearly indicate the amount of sewage effluent to method of sewage disposal,
the estimated demand, and the location on the site of the proposed system(s).
(c)
The developer shall provide information on the proposed methods to be used to eliminate potential
for groundwater contamination.
(d)
The developer shall clearly identify the nature of waste material associated with the proposed use,
the method of storage on site, and the method of removal from the site.
(e)
All storage, freight yards or trucking yards shall be enclosed or completely screened by buildings,
trees, landscaped features or fences or a combination thereof to the satisfaction of the Development
Authority.
(f)
Any rural industrial use located adjacent to a highway shall be screened, landscaped and buffered to
the satisfaction of the Development Authority.
(g)
The Development Authority may decide on such other requirements as are necessary having due
regard to the nature of a proposed development of this District.
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3.15
Airport Vicinity Overlay (AVO)
3.15.1 Purpose
The purpose of this Overlay is to regulate land uses surrounding the Spirit River Airport to ensure that
they are conducive to the safe operation of the airport.
3.15.2 Application
This overlay applies to all lands situated within Schedule A, Map 2.
3.15.3 Uses
Those uses outlined in the land use district applying to the subject lands.
3.15.4 Development Regulations
(a) Unless otherwise specified by the regulations of this overlay, the development regulations shall be
those outlined in the specific land use district applying to the subject lands.
(b) The General Regulations contained in Section 4 and the Special Regulations contained in Section 5
shall apply.
(c) Approval of development shall be at the discretion of the Development Authority. The impact of the
proposed development on the operations of the airport, and the impact of the airport operations on
the proposed development shall be the primary considerations of the Development Authority.
(c) The Development Authority may, at its discretion refer any application to Transport Canada for
review and comment. The Development Authority shall render a decision or establish appropriate
conditions, based upon individual analysis of the application, having regard to Transport Canada's
comments.
(e) The Development Authority shall review all development permits for their potential at attracting birds,
creating dust and smoke, or electronic interference with aviation related installations and determine if
the impacts are significant and should preclude the approval of the development.
(d) The height of any development shall not exceed the height of any of the airport surfaces, as
specified by Airport Height Limitations (see Table 3.1), and shown on the Land Use District map
(Schedule A).
(e) All construction in this overlay shall conform to the exterior acoustic insulation requirements of Part II
of the Alberta Building Code.
(f)
All lighting within this overlay shall be directed at structures or low mast. They shall not be high
intensity, high mast or upwardly reflective, and shall be subject to review by the Development
Authority.
(g) No development permit or subdivision approval shall be issued for a development located in
proximity to the Spirit River Airport until comments and recommendations are received from the
Town of Spirit River concerning height restrictions, land use and electronic facilities. Comments and
recommendations received from the Town of Spirit River shall be implemented on development and
subdivisions in the area.
Table 3.1: Airport Height Limitations
Basic Strip
The basic strip is a rectangular area measured 30 m (100 ft) on each
side of the centre line of the runway and 60 m (200 ft) at each end of
the runway.
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Take off/Approach Surfaces
There are take-off/approach surfaces abutting and extending out from
each end of the basic strip and in each case the surface is an
imaginary surface consisting of an inclined plane.
(a) the commencement of which coincides with the end of the basic
strip;
(b) that rises at a slope ratio of 1:25 (4%) 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
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 1:5 (20%) 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
The airport zoning reference point elevation is the elevation used to
establish the height of the outer surface and for the purpose of this
overlay is deemed to be 624 m (2047 ft) above sea level.
Outer Surface
The outer surface of the protection area is an imaginary common
plane established at a constant elevation of 45 m (148 ft) above the
airport zoning reference point elevation and extending to the
boundary of the protection area.
3.15.5 Submission Requirements
In addition to the requirements of 6.3.2 and 6.3.3, an application for a development permit for lands
affected by this overlay shall provide the following information:
(a) The grade elevation of the highest point of the proposed building site, to be referenced to geodetic
elevations. Geodetic elevation is the elevation of a point and its vertical distance above or below an
assumed level surface or datum; and
(b) The proposed building height, in metric measurement, including clearance lights, mechanical
penthouses, antennas, building cranes during construction, receiving or transmitting structures,
masts, flagpoles, clearance markers or any other erection beyond the height of the principal building
structure.
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SECTION 4 GENERAL REGULATIONS
4.1
Approaches and Driveways
4.1.1
All development shall have legal and physical road access to the satisfaction of the Municipality.
4.1.2
The location and number approaches to a proposed subdivision or development from a road shall
be in accordance with the Municipality's Approach Policy.
4.1.3
Where a proposed development or subdivision requires
access to a highway, the applicant shall acquire
all necessary approvals and permits from Alberta
Transportation.
4.1.4
An approach on a corner lot in a Country
Residential 2 District shall be set back a
minimum distance of 6.1 m (20 ft) from the
intersection of the lot lines (Figure 4.1).
4.1.5
The minimum distance between driveway
approaches on the same side of a lot in a
Country Residential 2 District shall be 6.1 m (20
ft), measured at the lot line. The Development
Authority may vary the minimum clear distance in
any cases where such variance is necessary for
reasons of lot configuration, public safety or convenience.
4.2
Building Height
4.2.1
In determining the highest point of a building or structure (Figure 4.2), elements that are not
essential to the structure of the building or structure shall not be considered, including but not
limited to the following:
(a) elevator housing;
(b) mechanical housing;
(c)
roof entrances;
(d) ventilation fans;
(e) skylights;
(f)
solar collectors;
(g) wind energy systems;
(h) steeples;
(i)
antennas;
(j)
smokestacks or chimneys;
(k)
fire walls;
(l)
parapet walls; and
(m) flagpoles.
4.3
Corner Lots
4.3.1
In all districts, the front lot line of a corner lot shall be the narrower of the lot lines abutting a road,
excluding a lane, except where the lot lines of a corner lot are equal, in which case the
Development Authority shall determine the location of the front lot line.
4.3.2
No finished grade within the area defined as a sight triangle on a corner lot shall exceed the
general elevation of the road by more than 0.6 m (2 ft).
Figure 4.1: Approach Distances
Figure 4.2: Building Height
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4.3.3
Notwithstanding any other provision contained in this
Bylaw, no person shall place or maintain
any object, structure, fence, hedge, shrub,
or tree within a sight triangle if, in the
opinion of the Development Officer, such
objects or structures interfere with traffic
safety.
4.3.4
No buildings, fences, signs, trees,
haystacks, or other similar obstructions to
visibility that are more than 1 m (3 ft) above
road grade shall be permitted within 40 m
(131 ft) of the intersection of two roads
(Figure 4.3).
4.4
Design, Character and Appearance
of Buildings
4.4.1
The quality of exterior treatment and design of all buildings shall be to the satisfaction of the
Development Authority.
4.4.2
Pursuant to 4.4.1, the Development Authority may consider the following when reviewing
development proposals in all Land Use Districts:
(a) The design, character and appearance of all buildings with respect to their compatibility with
any other buildings existing in the vicinity;
(b) The design of the building must be consistent with the purpose of the Land Use District in
which it is located.
4.5
Dwelling Units on a Lot
4.5.1
No person shall construct or cause to be constructed more than 1 dwelling unit per lot.
4.5.2
Section 4.5.1 does not apply to:
(a) manufactured homes within an approved manufactured home park;
(b) a second or additional dwelling located on a lot that has a minimum area of 32.4 ha (80 ac).
4.6
Environmental Standards
4.6.1
Notwithstanding that a development conforms in all respects to this Bylaw, development on land
that may be subject to flooding or subsidence shall be refused unless the applicant can
demonstrate that preventative engineering and construction measures can be instituted to make
the site suitable for the proposed development.
4.6.2
The Development Officer may require that the application contain information regarding the grade
elevation of the proposed building site, the building and all openings, to be referenced to geodetic
elevations.
4.6.3
The Development Officer shall apply the setbacks outlined in Table 4.1 and illustrated in Figure
4.4 where a parcel of land borders on or contains a coulee, ravine or valley, with or without a
watercourse, from the upper break of the coulee, ravine or valley.
4.6.4
In cases where the valley in question has an uninterrupted grade, the valley depth identified in
4.6.3 is the vertical distance from the water surface to the top of the bank.
Figure 4.3: Sight Triangle
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Table 4.1: Development Setbacks
Valley Depth
Minor or No Erosion and/or
Slope Steepness (<15º)
Major Erosion and/or Slope
Steepness (>15º)
Less than 7.6 m (25 ft)
Greater than 7.6 m (25 ft) and less
than 15.2 m (50 ft)
Greater than 15.2 m (50 ft) and less
than 30.5 m (100 ft)
Greater than 30.5 m (100 ft)
7.6 m (25 ft)
22.9 m (75 ft)
45.7 m (150 ft)
61 m (200 ft)
15.2 m (50 ft)
Development Authority discretion
Development Authority discretion
Development Authority discretion
Figure 4.4: Development Setbacks
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4.6.5
In cases where the valley in question is composed of one or more benches as illustrated below,
the valley depth identified in 4.6.3 is the vertical distance from the water surface to the top of the
subject bench.
4.6.6
Where a parcel of land borders on or contains a water body, the area of which is 8.1 ha (20 ac) or
more, the building or structure setback from the water body shall be determined by the
Development Officer but shall not be less than 30.5 m (100 ft).
4.6.7
The Development Authority may vary the setbacks in 4.6.3, upon being satisfied by the
submission of a detailed geotechnical engineering study prepared at the Developer's expense by
a registered professional engineer, that a lesser setback is warranted and will not unduly affect
the safety of a proposed development.
4.6.8
In making a decision on setbacks from a water body or watercourse, the Development Officer
may submit the application for a development permit to Alberta Environment and Parks for
comment prior to the issuance of a permit.
4.6.9
Prior to the issuance of a development permit for the construction of any development adjacent to
water body or watercourse, the Development Officer may require that the applicant submit a
certificate from a qualified, registered Professional Engineer or Architect indicating that the
following factors have been considered in the design of the building:
(a)
Canada Mortgage and Housing Corporation guidelines for building in flood-susceptible
areas;
(b)
the flood-proofing of habitable rooms, electrical panel and heating units, and openable
windows;
(c)
basement drainage; and
(d)
site drainage.
4.6.10 Developments must adhere to the following practices to the satisfaction of the Development
Authority:
(a)
toxic or noxious materials or dust or ash shall not be released or permitted to escape to the
atmosphere at such a rate as to interfere with the use and enjoyment of property or to
endanger the health and safety of the public;
(b)
no industrial operation shall be carried out that would result in the projection of glare, heat, or
excessive noise onto adjacent properties;
(c)
waste products shall not be discharged into any sewer or private sewage disposal system if
the nature of such waste products, or the manner of their discharge, would exceed the
design standards of the sewer or sewage disposal system currently in place;
(d)
no development shall be approved that will, in the opinion of the Development Authority,
cause damage to environmentally sensitive lands. Developments must follow land
management practices that include:
(i)
stripping of vegetation, grading or other soil disturbance shall be done in a manner that
will minimize soil erosion,
(ii)
wherever feasible, as determined by the Development Authority, natural vegetation shall
be retained and protected,
(iii) the extent of the disturbed area and the duration of its exposure shall be minimized,
(iv) all grading work should be designed to blend in with the natural contours of the land,
(v) natural drainage patterns should not be disturbed and changes to watercourses shall be
avoided except where controlled improvements are warranted.
4.7
Exterior Storage
4.7.1
Exterior storage associated with an approved development permit shall be kept in a clean and
orderly manner at all times and shall be screened from roads and adjacent residential uses to the
satisfaction of the Development Authority.
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4.7.2
Exterior display of goods and materials shall normally be temporary and shall be arranged and
maintained in a clean and orderly manner. The location of an exterior display shall be to the
satisfaction of the Development Authority.
4.7.3
Any exterior storage or display shall not unduly interfere with the amenities of the neighbourhood
or materially interfere with the use, enjoyment or value of neighbouring lots.
4.7.4
Any exterior storage or display shall not interfere with pedestrian or vehicular circulation or occupy
any required parking stalls.
4.8
Fencing and Screening
4.8.1
The Development Authority may require screening to be provided in order to visually separate areas
that detract from the surrounding properties. Special attention shall be given to developments that
are visible from roads. The construction and materials of the screen and landscaping shall be of a
quality to the satisfaction of the Development Authority.
4.9
Fragmented Parcels
4.9.1
A fragmented parcel may be subdivided from a quarter section if the fragmented parcel has legal
access or physical access to the satisfaction of the Approving Authority.
4.9.2
A single lot may be subdivided out of a fragmented parcel without an amendment to this Bylaw.
4.10
Landscaping
4.10.1 Any portion of a site area not occupied by buildings, parking, storage, or required for vehicle
circulation shall be landscaped or maintained in its natural state. Landscaping may consist of
hard landscaping, soft landscaping, or some combination of them. The provision of landscaping
may be a condition of the issuance of a development permit for any new development.
4.11
Lighting
4.11.1 Any lighting proposed to illuminate areas in any district shall be located and arranged so that all
direct rays of light are directed upon the area to be illuminated and not on any adjoining
properties or roads.
4.12
Lot Coverage
4.12.1 Lot coverage shall be calculated as a percentage by dividing the total amount of building footprint
on a lot by the total lot area.
4.12.2 For the purposes of calculating lot coverage (Figure 4.5), the
building footprint shall not include hard surfaced areas such
as patios and driveways.
4.12.3 For the purposes of calculating lot coverage, the building
footprint shall include:
(a) the principal building;
(b) accessory buildings or carports;
(c) porches or verandas;
(d) any portion of an upper storey that projects beyond the
perimeter of the main floor area; and
(e) raised decks.
Figure 4.5: Lot Coverage
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4.13
Objects Prohibited or Restricted in Yards
4.13.1 No person shall keep in any part of a lot in the CR1 or CR2 district:
(a) any dismantled or derelict vehicle, unless the vehicle is stored within a lawfully permitted
covered structure and the stored vehicle is not visible from any location beyond the property
upon which it is stored; or
(b) any commercial vehicle, loaded or unloaded with a gross vehicle weight (GVW) rating in
excess of 5,500 kg (12,125 lb), excepting commercial delivery vehicles during the time
reasonably necessary to load or unload the vehicle;
(c) more than 2 cords of firewood on a residential lot, unless stored in a fully enclosed
accessory building or temporary building that meets the requirements of this Bylaw.
4.13.2 No excavation, equipment, or construction material shall be maintained on a lot for any period
longer than is reasonably necessary to complete construction, except where authorized in a
development permit.
4.13.3 One recreational vehicle may be parked on a lot in a residential district for living and sleeping
accommodation by a bona fide tourist for a period not to exceed 60 days.
4.13.4 No more than 2 recreational vehicles shall be stored or parked on a lot in a CR-1 or CR-2 District.
4.14
Parking and Loading
4.14.1 Parking stalls shall be located on the same site as the building or the use in respect of which it
is required and shall be designed, located and constructed so that it is accessible and properly
maintained.
4.14.2 Loading spaces shall be at least 28 m2 (301 ft2) in area, 3.5 m (11.5 ft) in width and have 4 m (13
ft) of overhead clearance.
4.14.3 All parking stalls and loading spaces shall be developed and surfaced to the satisfaction of the
Development Authority.
4.14.4 All developments located in an industrial or commercial land use district shall be required to
provide adequate on-site parking to the satisfaction of the Development Authority.
4.14.5 Parking spaces shall be designed, located and constructed such that they are reasonably
accessible to the vehicles intended to be accommodated, can be properly maintained, and they
are satisfactory to the Development Authority in size, shape, location and construction.
4.14.6 All on-site parking shall be provided in the manner shown on an approved site plan with the entire
area to be graded so as to ensure that drainage will be disposed of in a manner satisfactory to the
Development Authority.
4.14.7 Notwithstanding 4.14.1, off-site parking may, at the discretion of the Development Authority, be
utilized to meet the parking needs of that development.
4.14.8 For all commercial, public and recreational uses, a portion of the parking area nearest the
principal building shall be designated for use by the handicapped to the satisfaction of the
Development Authority.
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4.15
Permitted Encroachments
4.15.1 The portions of and attachments to a main
building or accessory building that may project
over or on a yard are:
(a) on a site in a residential district, a cornice,
sill, a canopy or eaves that project for a
distance not exceeding one-half of the
minimum side yard required for the lot.
(b) a chimney which projects 0.6 m (2 ft) or
less provided that in each case it is not
less than 0.9 m (3 ft) from the side
boundary of the site.
(c) unenclosed steps with or without a landing
and above the surface to the yard if they
do not project more than 2.4 m (8 ft) over
or on a minimum front or rear yard.
(d) solar collectors that are mounted on the side of a building (Figure 4.6).
4.16
Relocation of Buildings
4.16.1 Where a development permit for a use has been granted for the relocation of a building on the
same site or from another site, the Development Officer may require the applicant to provide:
(a)
a performance bond or letter of credit of such amount to ensure completion of any
renovations set out as a condition of approval of a development permit;
(b)
an engineer's certificate to confirm that the building is structurally sound to the satisfaction of
the Development Authority; and
(c)
current colour photographs of all sides of the building, to the satisfaction of the Development
Authority.
4.16.2 Relocations and associated renovations shall be completed within 1 year of the issuance of a
development permit for the same.
4.16.3 Costs for damages and repair to municipal infrastructure arising from or caused by relocation
shall be the responsibility of the applicant and/or developer and shall be paid to the Municipality
on demand.
4.17
Removal of Topsoil and Site Grading
4.17.1 Stripping, excavating or grading of land that is required solely for the development of a site may
only occur after a development permit has been approved for the proposed development on that
site.
4.17.2 For the purpose of this section, stripping and grading refers to those activities required for
construction or building purposes. Where in the process of development areas require leveling,
filling or grading, the topsoil shall be removed before work commences, and stockpiled, replaced
and seeded following the completion of work.
4.17.3 Notwithstanding 4.17.2, the removal of topsoil from agricultural lands shall only be permitted if
required in order to prepare the subject land for an approved development. If topsoil is removed
for any other purpose, such activity shall require a development permit. A permit for topsoil
removal shall only be granted where it is shown to the satisfaction of the Development Officer that
the land will not be derelict by removal. The Development Officer may refer any application for
topsoil removal to the Soil Conservation Officer acting under the Soil Conservation Act for
approval.
4.17.4 No drainage measures undertaken as part of a development shall negatively impact adjacent lots
Figure 4.6: Permitted Encroachments
Municipal District of Spirit River No. 133
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by way of flooding or inundation through the redirection of surface water. In the event that a
development is found to affect neighbouring lands, all required mitigation measures required to
remedy the problem including drainage structures, drainage easements, and retaining walls, shall
be at the developer's sole expense.
4.17.5 The Development Authority may require the applicant to submit a grading plan in support of a
development permit application.
4.18
Risk Assessment
4.18.1 Where an application for a development permit is for an activity that involves the use or storage of
hazardous substances, the Development Authority may require the applicant to submit a Risk
Assessment prepared by an environmental professional such as an engineer, biologist, planner,
geologist or hydrogeologist. The Development Authority may impose any conditions necessary to
mitigate the risks associated with the use or storage of hazard substances identified in the
assessment. The Risk Assessment shall:
(a) identify hazardous substances and their quantities;
(b) estimate the expected frequency of the occurrence of a hazardous event;
(c) assess the possible consequences of such an event;
(d) determine annual individual risk and compare to Major Industrial Accidents Council of
Canada (MIACC) risk acceptability criteria;
(e) demonstrate how the proposed facility and operations shall contribute to the following risk
management objectives:
(f)
risk reduction at source (siting of facilities, modifications to processes, conformity to
legislation e.g. the Safety Codes Act, the Dangerous Goods Transportation and Handling
Act, monitoring, technical changes, training, etc.);
(g) risk reduction through land use planning around industrial Sites and pipeline and dangerous
goods corridors;
(h) emergency preparedness;
(i)
emergency response;
(j)
risk communication and public participation, and
(k) identify and recommend risk-based separation distances and other mitigative measures to
reduce risk.
4.18.2 At the discretion of the Development Authority, the applicant applying for a use pursuant to this
Section shall provide an approved site plan from the appropriate Provincial agencies prior to a
development permit being issued.
4.18.3 Notwithstanding any other regulations in this Bylaw, any industrial and commercial uses that
involve the manufacture, storage, handling, distribution or disposal of explosives and/or chemical
materials or products shall not be located on sites that, in the opinion of the Development
Authority, would be considered unsafe or may unduly interfere with, or affect the use, enjoyment
or value of neighbouring properties.
4.18.4 Environmental Site Assessments
(a) The Development Authority may require that an applicant, in support of a subdivision or
development permit application, to submit a Phase I Environmental Site Assessment (ESA)
for the subject property.
(b) The Phase I ESA shall be prepared in accordance with Canadian Standards Association
requirements, and shall include:
(i)
an analysis of the subject property in terms of historical use;
(ii) a determination of the level and extent of any contamination;
(iii) a review of sampling undertaken;
(iv) the existence of above and/or below ground tanks; and
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(v) any other matters deemed necessary by the Development Authority.
(c) The Phase I ESA will be referred to Alberta Environment for comments.
(d) If the Phase I ESA determines a likelihood of contamination, a Phase II and III ESA may be
required prior to the Development Authority making a decision with respect to the
application.
4.19
Sewage Disposal Systems
4.19.1 All developments serviced by a private sewage disposal system are required to meet the
requirements of the Alberta Private System Standard of Practice 2015 or successor documents.
4.20
Transportation
4.20.1 No person shall erect any building or structure in any Land Use District unless the building,
structure or dugout is setback from the right-of-way of all roads as follows:
Table 4.2: Road Setbacks
(a)
Major Two-Lane Highway:
40 m (131 ft) from the lot line or 70 m (230 ft)
from the centre line, whichever greater
(b)
Minor Two-Lane Highway:
30 m (98 ft) from the lot line or 50 m (164 ft)
from the centre line, whichever greater
(b)
Internal Subdivision Road:
7.6 m (25 ft) from the lot line
(c)
Road or Undeveloped Road
Allowance:
30 m (98 ft) from the lot line
4.20.2 Prior to approving a front yard or exterior side yard variance to any development permit
application on a road or internal subdivision road, the Development Authority shall first request
comments from the Supervisor of Public Works regarding the suitability of the variance.
4.20.3 A Roadside Development Permit shall be required from Alberta Transportation pursuant to the
Highway Development and Protection Act and the Highway Development and Protection
Regulation, and amendments thereto, for all developments occurring within 300 m (984 ft) of a
highway right-of-way boundary, or within 0.8 km (0.5 mi) of an intersection of a highway with a
road.
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SECTION 5 SPECIAL REGULATIONS
5.1
Accessory Buildings and Uses
5.1.1
For the sole purpose of calculating yard setbacks and lot coverage requirements as provided in
this Bylaw, when an accessory building is attached to the principal building, it is to be considered
a part of the principal building and not as an accessory building.
5.1.2
Unless otherwise permitted in this Bylaw, any accessory building or use erected on a site in any
Land Use District shall not be used as a dwelling.
5.1.3
The minimum side and rear yard setback shall be 1 m (3 ft) for accessory buildings.
5.1.4
An accessory building shall be located a minimum distance of 1.8 m (6 ft) from a principal
building.
5.1.5
Notwithstanding any other provision of this Bylaw, an accessory building shall not exceed 7.6 m
(25 ft) in height in a country residential district.
5.1.6
In a residential district, the combined area of all accessory buildings shall not exceed 10% of the
lot area.
5.2
Cannabis
5.2.1
A Cannabis Production Facility shall be located a minimum distance of 305 m (1,000 ft) from a
dwelling, school site, or residential parcel.
5.2.2
A Cannabis, Retail use shall be located a minimum distance of:
(a) 305 m (1,000 ft) from a school site;
(b) 100 m (328 ft) from a Provincial Health Care Facility; or
(c) 100 m (328 ft) from a lot that is designated as Municipal Reserve on the land title but is not a
school site.
5.2.3
For the purpose of this section:
(a) The minimum separation distance between a dwelling and a Cannabis Production Facility
shall be established by measuring the shortest distance between the external wall of the
nearest dwelling and the boundary of the Cannabis Production Facility.
(b) The minimum separation distance between a residential parcel and a Cannabis Production
Facility shall be established by measuring the shortest distance between the boundary of the
residential parcel or school site and the boundary of the Cannabis Production Facility.
(c) The minimum separation distances under 5.2.2 shall be established by measuring the
shortest distance between the lot lines of the parcels containing the uses to be separated.
(d) Provincial Health Care Facility means an approved hospital as defined in the Hospitals Act.
5.3
Child Care Facilities
5.3.1
A child care facility shall comply with the provisions of the Provincial Day Care Regulations
concerning site requirements, development standards and licensing.
5.4
Communication Towers and Antennas
Note:
Industry Canada is responsible for regulating radio communication in Canada and for authorizing
the location and height of radio communication facilities, including radio, television and microwave
transmission facilities. In making its decision regarding transmission, communication and related
facilities, Industry Canada considers the following:
-
the input provided by the land-use authority;
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-
compliance with Transport Canada's painting and lighting requirements for aeronautical
safety;
-
Health Canada's safety guidelines respecting limits of exposure to radio frequency fields;
and,
-
an environmental assessment may be required in order to comply with the federal
Environmental Assessment Act.
5.4.1
No person shall construct or cause to be constructed a communication tower or antenna system
unless a development permit has first been issued in accordance with this Bylaw.
5.4.2
The Development Authority shall submit a letter of concurrence to Industry Canada upon
completion of a processed application detailing:
(a) its opinion as to whether the location of a new telecommunications facility is appropriate from
the Municipality's land use perspective;
(b) whether or not, in the Municipality's opinion, adequate public consultation has been
conducted by the carrier; and
(c) the degree to which the carrier has met the regulations in this section as they relate to
location, design and visual impact.
5.5
Confined Feeding Operations
5.5.1
The approval of an agricultural operation deemed to be a Confined Feeding Operation (CFO)
under the Agricultural Operations Practices Act (AOPA) is the responsibility of the Natural
Resources Conservation Board (NRCB) through the AOPA and its associated regulations.
5.6
Dugouts
5.6.1
A minimum of 2 weeks prior to the construction of a dugout all landowners/developers/applicants
shall provide a detailed written notification for the proposed dugout to the Development Officer.
The notification shall contain:
(a) applicant name and address;
(b) landowner name and address;
(c) legal description; and
(d) site plan with location, size of the dugout, distances to property boundaries, buildings,
sewage and water courses.
5.6.2
Dugouts shall be set back a minimum of 15.2 m (50 ft) from any lot line, unless adjacent to a road
right-of-way.
5.6.3
If the dugout is within 800 m (2,625 ft) of the boundary of the right-of-way of the intersection of a
road with a highway, or within 305 m (1000 ft) of a highway the application shall be referred to
Alberta Transportation.
5.6.4
The applicant must comply with all provisions of the Land Use Bylaw in effect at the time of
notification. Compliance with the provisions of the Land Use Bylaw does not exempt the applicant
from compliance with any Provincial, Federal or other Municipal Legislation.
5.7
Grain Bins
5.7.1
Portable grain bins will have a minimum side yard setback of 1 m (3 ft).
5.7.2
Grain bins shall be set back a minimum of 15.2 m (50 ft) from any lot line, unless adjacent to a
road right-of-way.
5.7.3
If grain bins are located within 800 m (2,625 ft) of the boundary of the right-of-way of the
intersection of a road with a highway, or within 305 ft (1,000 ft) of a highway, the application shall
be referred to Alberta Transportation.
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5.8
Group Homes
5.8.1
A group home shall not generate pedestrian or vehicular traffic in excess of that which is
characteristic of the Land Use District in which it is located.
5.8.2
An application for a group home shall be reviewed on its individual merits. In reviewing the
proposed location for a group home, the Development Authority shall consider:
(a) the compatibility of the facility with development on adjacent properties,
(b) the proposed separation distance from neighbouring developments,
(c) proposed servicing,
(d) potential traffic generation, and
(e) accessibility.
5.9
Home Based Business
5.9.1
Home based businesses shall be limited to those uses that are approved by the Development
Authority. Those uses shall not interfere with the rights of other residents to the quiet enjoyment of
their properties, or create a nuisance by way of dust, noise, smell, smoke, or traffic generation.
5.9.2
Home based businesses shall be evaluated in accordance with the criteria outlined in Table 5.1:
Table 5.1: Home Based Business Criteria
Criteria
Major Home Based Business
Minor Home Based Business
Location
Shall be incidental and subordinate to
the residential use and shall be
restricted to the residential site.
Shall be an incidental and subordinate use to
the principal residential use and shall be
restricted to the dwelling unit.
Exterior
Storage
No storage of goods, materials, or
equipment not directly related to the
operation.
None.
Commercial
Vehicles
Maximum of 3.
None larger than a pickup or cargo van on site
(deliveries only).
Employees
Maximum of 4 other than the resident
and members of the resident's family
who permanently reside in the
dwelling.
None other than the resident and members of
the resident's family who permanently reside in
the dwelling.
Size
Maximum 1.5 ha (5 ac).
Limited to residence.
Signage
1 unlit sign maximum 3 m2 (32 ft2) in
size.
No display of commercial advertising, wares or
products discernible from the outside of the
building, but may display an unlit sign that is a
maximum of 3 m2 (32 ft2) in size.
Alterations to
Building
No alterations to principal or
accessory building unless approved
by the Development Authority as part
of a development permit application.
No alterations to principal building unless
approved by the Development Authority as part
of a development permit application.
5.9.3
No home based business shall create any nuisance by way of dust, noise, smell, smoke or traffic
generation.
5.9.4
Home based business proposals respecting such uses as personal services, food preparation
(including bottling of water), child care facilities, and bed and breakfasts are required to conform
to the standards administered by the local Health Authority and to obtain all necessary licenses
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required under the applicable legislation.
5.9.5
An application for a development permit for a home based business shall include:
(a) a description of the business to be undertaken at the premises;
(b) an indication of the number of business visits per week,
(c) details for the provision of parking; and
(d) where any materials or equipment associated with the business use are to be stored.
5.9.6
A development permit for a home based business may be issued on a temporary basis and may
be subject to annual review/reissuance.
5.10
Land Farms
5.10.1 Subject to the provisions of this Bylaw, land farming is supported for the remediation of non-
hazardous oilfield waste and soils contaminated by biodegradable petroleum hydrocarbons. They
shall not be utilized for the disposal of materials classified as hazardous waste, and shall only be
permitted on agricultural lands on a temporary basis.
5.10.2 Land farms are required to locate in areas that:
(a) have soils that are clay-based or of a fine-grain;
(b) are slightly sloped to ease site drainage, and are bermed to prevent runoff to adjacent lands;
(c) have a minimum separation of 1 m (3 ft) between the base materials and the highest point of
the seasonally high water table.
5.10.3 Land farm operations are encouraged to locate at existing landfill sites wherever possible.
5.10.4 Land farm operations are required to comply with the applicable standards of the Alberta Energy
Regulator, Alberta Environment and Parks, and Alberta Health Services.
5.11
Manufactured Homes
5.11.1 Manufactured homes older than 20 years shall not be approved unless at the discretion of the
Development Authority.
5.11.2 All manufactured homes must conform to Canadian Standards Association (CSA Z240)
certification and all skirting, accessory structures, additions and porches shall be of sound
construction and appearance to the satisfaction of the Development Authority.
5.11.3 Manufactured homes shall be placed on a permanent foundation.
5.11.4 Axles, wheels, running gear and towing tongues shall be removed before the manufactured home
is installed on a permanent foundation conforming to the requirements of the Alberta Building
Code.
5.11.5 Any modifications, extensions, or additions (including, without restriction, a patio, porch, or
exterior stairway) to a manufactured home shall be:
(a) constructed of pre-fabricated materials that are consistent in appearance, performance, and
safety as the exterior of the manufactured home;
(b) installed in the same manner as the manufactured home;
(c) completed within 30 days from the date that the modification, extension or addition was
commenced, unless otherwise authorized in the development permit.
5.11.6 The undercarriage of a manufactured home shall be completely screened from view by the
foundation, by flame-proof skirting or by such other means satisfactory to the Development
Officer.
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5.12
Oilfield Facilities
5.12.1 The Development Officer shall refer the following subdivision or development applications to the
Alberta Energy Regulator (AER) for review:
(a) residential developments with a density of 8 or fewer units per quarter section if located
within 100 m (328 ft) of the centre line of a pipeline, the head of a well, a battery or a gas
processing plant of unknown level of sourness;
(b) residential developments with a density of more than 8 units per quarter section if located
within 500 m (1,640 ft) of the centre line of a pipeline, the head of a well, a battery or a gas
processing plant of unknown level of sourness;
(c) public uses, recreational uses, or commercial uses containing overnight accommodation if
located within 1.6 km (1 mi) of the centre line of a pipeline, the head of a well, a battery or a
gas processing plant of unknown level of sourness.
5.12.2 Residential subdivisions or developments and subdivision or developments for public uses,
recreational uses, or commercial uses containing overnight accommodation shall be set back from
oil and gas facilities in accordance with Table 5.2:
Table 5.2: AER Setback Requirements
Setback
Residential Subdivisions (8
units or less per quarter
section)
Residential Subdivisions
(More than 8 units per
quarter section)
Public, Recreational, or
Commercial Uses
with Overnight
Accommodation
Sweet or sour gas
well
100 m (328 ft)
100 m (328 ft)
100 m (328 ft)
Level 1 or 2 sour gas
well
-
100 m (328 ft)
-
Sweet or Level 1
sour gas pipeline
Width of pipeline right-of-way
Width of pipeline right-of-way
Width of pipeline right-of-way
Level 2 sour gas well
or sour gas facility
-
100 m (328 ft)
500 m (1,640 ft)
Level 2, 3 or 4
sour gas facility
100 m (328 ft)
-
-
Level 3 or 4 sour gas
well or sour gas
facility
-
500 m (1,640 ft).
1.6 km (1.0 mi)
5.12.3 No decisions shall be made on these applications until such time as comments are received from
the Alberta Energy Regulator.
5.13
Signs
5.13.1 Except where provided for in 6.2.1(v) and 6.2.1(w), no sign of any advertising, directional or
informative nature shall be erected on land or affixed to any exterior surface of any building or
structure, including the alteration or relocation of an existing sign, unless an application for this
purpose has been approved by the Development Authority.
5.13.2 With the exception of signs that do not require a development permit, no signs or advertising
structures shall be erected on or affixed to private property without the prior written consent of the
property owner or tenant. A copy of the consent shall be submitted with the development permit
application.
5.13.3 In applying for a development permit for a sign, the applicant shall provide complete sign details
(i.e. size, colour, layout, construction materials, location, etc.).
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5.13.4 An application for 1 or more signs shall not be approved if, in the opinion of the Development
Authority, the sign:
(a) displays an intermittent, flashing or rotating light or lights or has rotating or moving parts;
(b) unduly interferes with the amenities of the area;
(c) materially interferes with or affect the use, enjoyment or values of neighbouring properties;
(d) creates a safety hazard; or
(e) displays lighting of an intensity and colour that may interfere with or be confused with an
authorized traffic sign or traffic control device.
5.13.5 All signs shall be kept in good repair and maintained in a manner satisfactory to the Development
Authority.
5.13.6 Freestanding signs shall be set back a minimum of 1 m (3 ft) from a lot line.
5.13.7 The Development Officer may require the removal of any permanent sign that is or has become
unsightly, or is in such a state of disrepair as to constitute a hazard.
5.13.8 Any sign, notice or advertising device erected within
(a) the limits of the right-of-way of any highway;
(b) 305 m (1,000 ft) from any right-of-way limit of a highway; or
(c) 800 m (0.5 mi) of the center point of the intersection of a highway with another highway or a
road;
shall require approval from Alberta Transportation.
5.14
Solar Collectors
5.14.1 Solar collectors may be affixed to a building or structure wall, mounted to the roof of a building or
structure, or mounted to the ground as a free-standing structure. The maximum number of solar
collectors per lot and location shall be at the discretion of the Development Authority.
5.14.2 Solar collectors must be located such that they do not create undue glare on neighbouring parcels or
public roads.
5.14.3 Solar collectors mounted to the roof of a building or structure must not extend beyond the outermost
edge of the roof.
5.15.4 The maximum projection of solar collectors affixed to the wall of a building or structure in a country
residential district shall be:
(a) 1.5 m (5 ft) from the surface of a wall that faces a rear lot line; and
(b) In all other cases, 0.6 m (2 ft) from the surface of that wall.
5.14.5 Free-standing solar collectors shall be subject to the setback requirements for accessory buildings.
5.14.6 The maximum height of a free-standing solar collector shall not exceed 2.4 m (8 ft).
5.15
Solar Energy Facilities
5.15.1 The applicant shall obtain and demonstrate compliance with all relevant Alberta Utilities
Commission and other provincial and federal permits, approvals and licenses.
5.15.2 An environmental impact assessment may be required by the Development Authority.
5.15.3 The Development Authority, at its discretion, may require the development permit application to
include a proposal for the reclamation of the lot, prepared by a qualified professional, and other
documentation or studies in support of the application.
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5.16
Wind Energy Conversion Systems (WECS), Small Scale
5.16.1 A Small Scale WCES shall meet or exceed all provincial and federal regulations and shall include
the manufacturer's specifications indicating:
(a) the WECS rated output in kilowatts;
(b) safety features and sound characteristics;
(c) type of material used in tower, blade, and/or construction;
(d) turbine height;
(e) blade diameter and rotor clearance;
(f)
Canadian Standards Association approval, if applicable;
(g) potential for electromagnetic interference;
(h) nature and function of over speed controls that are provided;
(i)
specifications on the foundations and/or anchor design, including location and anchoring of
any guy wires;
(j)
information demonstrating that the system will be used primarily to generate on-site
electricity;
(k) location of existing buildings or improvements; and
(l)
an analysis for noise to any residences located within a 200 m radius of the proposed
WECS.
5.16.2 Prior to making a decision on a development application for a Small Scale WECS, the
Development Authority may refer and consider the input of any authorities having jurisdiction and
any applicable legislation.
5.16.3 Notwithstanding the maximum height provisions applicable to a site, the total height of a Small
Scale WCES may exceed the maximum building height of a District by a maximum of 1.8 m (6 ft).
5.16.4 The blade clearance of a Small Scale WCES shall be a minimum of 4.6 m (15 ft) above grade.
5.16.5 A Small Scale WECS shall meet the setback requirements of the Land Use District in which it is
to be located.
5.16.6 Notwithstanding 5.16.5, a Small Scale WECS shall be set back from any lot line a minimum
distance equal to the height of the structure.
5.16.7 The maximum diameter of the blades shall be 3 m (10 ft).
5.16.8 A maximum of 1 Small Scale WECS shall be allowed on a lot.
5.16.9 A Small Scale WCES shall comply with the following:
(a) the system shall be equipped with manual and automatic over speed controls;
(b) the conformance rotor and over speed control design and fabrication to good engineering
practices shall be certified by a licensed mechanical, structural or electrical engineer.
5.17
Wind Farms
5.17.1 The requirements of 5.16.1, 5.16.2 and 5.16.9 shall apply.
5.17.2 The applicant for a wind farm shall undertake a community consultation process prior to
submitting an application for a development permit. The applicant shall submit a consultation
report with the development permit application that includes:
(a) a summary of the method(s) of consultation that were undertaken, including the dates and
locations of public consultation activities, and the number of residents involved;
(b) documentation of any concerns that were raised; and
(c) a list of actions to be undertaken by the applicant to address any concerns that are raised.
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5.17.3 When considering an application for a wind farm, the Development Authority shall have regard
for:
(a) the total number of proposed WECS towers;
(b) the overall density of the wind farm and/or site specific densities if density varies within the
wind farm;
(c) the proximity of the proposed WECS towers to all adjacent land uses;
(d) the findings and results of the public consultation program required under 5.17.2; and
(e) a review and evaluation of the way in which the proposed WECS towers in a wind farm will
relate to adjacent and other land uses in the area to determine the overall compatibility of the
proposed wind farm, and if deemed necessary by the Development Authority, the
compatibility of individual WECS towers within the proposed wind farm.
5.17.4 The maximum density of WECS towers in a wind farm shall be 4 towers per 65 ha (106 ac). A
wind farm that requires a higher density will be required to apply for an amendment to this Bylaw
to achieve a higher density.
5.17.5 The Development Authority may approve a wind farm that clusters the allowed density on a
single lot, providing the maximum density allowed is not exceeded. The Development Authority
may do this to meet the developer's needs with respect to the topography of the subject lands
and the optimum location of the WECS towers with respect to prevailing winds and/or to address
the concerns of adjacent land uses, if identified through the public consultation process.
5.17.6 Development Setbacks
(a) WECS towers shall be located so that from the vertical projection of the boundary of the title
parcel on which the WECS are located, and when the axis of the blade is parallel to grade,
the tip of the blade is a minimum of 20 m (66 ft) from the vertically projected line. A lesser
setback requirement may be considered at the discretion of the Development Authority
where the adjacent or abutting lands are part of the same wind farm project.
(b) A WECS structure shall be located a minimum distance of 2 times the total height of the
WECS from a dwelling that is located on the same lot as the WECS.
(c) A WECS shall be located a minimum distance of 5 times the total height of the WECS from a
dwelling that is located on an adjacent or abutting lot. A lesser setback requirement may be
considered at the discretion of the Development Authority where the adjacent or abutting
lands are part of the same WECS project.
(d) Setbacks from all other non-residential buildings shall be at the discretion of the
Development Authority.
(e) The setback from lot lines abutting a road shall be in accordance with the requirements of
4.20.12 or 2 times the total height of the WECS, whichever is greater.
(f)
Setbacks from railway facilities shall be as required by the respective railway company.
(g) The Development Authority may increase the required setbacks to address compatibility
issues between the proposed wind farm and the aesthetic, physical, social and visual
characteristics of the proposed wind farm location.
5.17.7 The blade clearance of a WCES shall be a minimum of 7.6 m (25 ft) above grade.
5.17.8 For non-tubular WECS towers, and to avoid improper use, trespass and ensure public safety, the
Development Authority will require for each WECS that:
(a) a security fence with a locking gate be installed around a wind energy conversion system
tower and any outlying guy wire anchor points if the tower could be climbed or be subject to
vandalism if no fence is present. The fence shall not be less than 2.4 m (8 ft) in height, with
outward facing barbed wire at the top of the fence;
(b) no ladder or other similar access device be installed on the outside of the tower below a
point 3.7 m (12 ft) from grade; and
(c) a locking device be installed to bar access to the top of the tower.
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The above tower access requirements do not apply to WECS towers designed and constructed to
a tubular standard that provide internal access to the tower, and are secured with a locked door
for access at or near grade.
5.17.9 Subject to any federal and/or provincial regulatory requirements, WECS structures shall have a
non-reflective matte finish in a non-obtrusive and/or neutral colour, to the satisfaction of the
Development Authority.
5.17.10 All power lines installed on the site required to transfer power to the grid shall be installed below
grade, unless otherwise approved by the Development Authority.
5.17.11 The maximum decibel A-weighting (dBA) from outside any receptor building at any wind speed
shall not exceed 35 dBA.
5.17.12 Should a WECS discontinue producing power for a minimum of 2 years, the WECS operator shall
be required to provide a status report. A review of the status report by the Development Authority
may result in a request for the WECS to be decommissioned. Failure to comply with a
decommissioning request may result in the issuance of a stop order in accordance with the Act.
5.18
Work Camps
5.18.1 If a proposed work camp is to be established for a period in excess of 6 months, a development
permit shall be required.
5.18.2 All work camps shall be required to conform to standards as established by the provincial
government and local health authorities.
5.18.3 All development permit applications for work camps shall be accompanied by a dimensioned site
diagram indicating proposed building locations, and specify the provisions being made for water
supply, sewage and garbage disposal, and reclamation measures once the camp is no longer
needed. In addition, a statement specifying the need for the establishment of such a camp shall
be required.
5.18.4 A development permit for a work camp shall only be valid for a period of 1 year from its date of
issuance, at which time an application may be made for a continuance of the use.
5.18.5 Any work camp required for the Municipality shall be exempt from development permit
requirements. The work camp location shall be approved at the discretion of the Development
Officer.
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SECTION 6 ADMINISTRATIVE PROVISIONS
6.1
When Development Permits Are Required
6.1.1 Except as provided in Section 6.2, no person shall undertake any development unless:
(a)
a development permit has first been issued pursuant to this Bylaw, and
(b)
it is in accordance with the terms and conditions of a development permit issued
pursuant to this Bylaw.
6.2
When Development Permits Are Not Required
6.2.1
A development permit is not required for the following developments provided they comply with
the regulations:
(a) works of maintenance or repair to any structure if such work does not include structural
alterations, and does not change the use or intensity of the use of the structure;
(b) the completion of a building that was lawfully under construction at the date this Bylaw
comes into full force and effect, provided that the building is completed in accordance with
their terms of any permit granted by the Municipality, subject to the conditions of that permit;
(c) the erection, construction, or maintenance of fences, gates or other means of enclosure less
than 1.8 m (6 ft) in height. In the Agriculture (AG1) District, wire fences in excess of 1.8 m (6
ft) for the purposes of livestock confinement do not require a permit. If adjacent to a road a
development permit is required and Section 4.20 shall apply;
(d) a temporary building, the sole purpose of which is incidental to the erection or alteration of a
permanent building, for which a development permit has been issued;
(e) the construction and maintenance of that part of a public utility placed in or upon a public
road, easement, or public utility lot;
(f)
the construction, maintenance, and repair of private walkways, private pathways, private
driveways and similar works;
(g) municipal projects undertaken by government authorities including the construction of roads,
bridges, drainage ditches, public utilities, parks and the erection of signs;
(h) the use of a building or part thereof as a temporary polling station for a Federal, Provincial or
Municipal election or referendum;
(i)
an official notice, sign, placard, or bulletin required to be displayed pursuant to the provisions
of Federal, Provincial or Municipal legislation;
(j)
one accessory building that does not exceed 9.3 m2 (100 ft2) in area and that is accessory to
a Permitted Use;
(k) the erection or installation of machinery needed in connection with operations for which a
Development Permit has been issued, for the period of those operations;
(l)
stripping or stockpiling of soil, installation of utilities and construction of roads in a
subdivision area when a development agreement has been duly executed;
(m) the continued agricultural use of a parcel that is assessed as farmland and used for
extensive agricultural operations;
(n) dugouts that are developed in accordance with Section 5.6;
(o) portable grain bins subject to Section 5.7;
(p) low level decks;
(q) one temporary, on-site sign that does not exceed 3 m2 (32 ft2) in area and is intended for:
(i)
advertising the sale or lease of a dwelling unit, or property,
(ii) identifying a construction or demolition project for which a development permit has been
issued for such a project,
(iii) identifying a political or charitable campaign. Such signs shall be removed after said
campaign drive;
(r)
one permanent on-site sign that does not exceed 3 m2 (32 ft2) and is intended for:
(i)
commemorative plaques and cornerstones or a non-advertising nature,
(ii)
farm residence identification signs, or
(iii) the advertising of farm produce or a home based business;
(s)
compressors for oilfield facilities under 100 HP.
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6.3
Development Permit Applications
6.3.1
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 registered owner, applicant or his authorized
agent. In the event that the registered owner is not the applicant for a development permit, then
consent of the registered owner shall be required.
6.3.2
The Development Officer may require any or all of the following information in duplicate as part of
a development permit application:
(a) a completed application form;
(b) building plans showing a floor plan, elevations, and exterior finish;
(c) site plans with dimensions showing the legal description of the site, the relationship to lot
lines of all existing and proposed buildings and shelterbelts, on-site loading and vehicle
parking, access;
(d) a statement describing the proposed use of the site;
(e) a copy of the certificate of title for the lands affected and/or statement of the registered land
owner's consent to the application and/or other documents satisfactory to the Development
Officer for the purpose of verifying that the applicant has a legal interest in the land;
(f)
the required non-refundable fee;
(g) the estimated commencement and completion dates;
(h) the estimated cost of the project or contract price;
(i)
utilities, site drainage, grade elevations, existing and finished lot grades; and
(j)
if the development is not served by a municipal water or sewer system, the location of
existing and proposed wells, septic tanks, and disposal fields.
6.3.3
In addition to the requirements of Section 6.3.2, other information may be required to evaluate the
application, including but not limited to:
(a) an operational plan for a group home;
(b) a geotechnical report in a potentially hazardous or unstable area;
(c) a reclamation plan for aggregate extraction or site grading and excavation;
(d) an environmental site assessment to determine potential contamination and mitigation; or
(e) an environmental impact assessment for a development with potential significant
environmental effects and/or a flood plain impact study.
(f)
The Development Authority may require studies for sewer, stormwater and water servicing to
supplement the development of Country Residential subdivisions.
6.3.4
The Development Authority shall consider and decide on development permit applications within
40 days of the receipt of the application in its complete and final form in accordance with 6.5. If a
decision is not made within 40 days of receipt of the complete application, the permit shall, at the
option of the applicant, be deemed refused. Alternately, the applicant may at his/ her discretion
enter into a time extension agreement with the Development Officer to extend the 40 day period
using the prescribed form.
6.4
Subdivision Applications
6.4.1
A subdivision application shall be made to the Development Officer in writing on the prescribed
form, and shall be signed by the landowner or an authorized agent.
6.4.2
The Development Officer shall require the following information in order to be considered a
complete subdivision application:
(a) the application form;
(b) a right of entry form signed by the landowner;
(c) a tentative plan;
(d) a copy of the certificate of title dated within 30 days of the application;
(e) a map illustrating the land uses on all adjacent lands;
(f)
information respecting existing and proposed sources of water;
(g) information respecting existing and proposed methods of sewage disposal, including setback
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distances;
(h) the prescribed non-refundable application fee, the amount of which shall be established by
resolution of Council from time to time.
6.4.3
In addition to the requirements of 6.4.2, other information may be required by the Subdivision
Authority to review a subdivision permit application, including: water testing, soil testing,
geotechnical reports, floodplain mapping, and site topography and drainage patterns.
6.5
Determination and Notification of Complete Applications
6.5.1
Within 20 days of receipt of an application pursuant to 6.3.2 and 6.4.2, the Development Officer
shall determine whether an application is complete, unless an agreement is reached between the
Development Officer and the applicant to extend the 20 day period. If the Development Officer
fails to determine that the application is complete within the prescribed time period, the
application shall be deemed to be complete.
6.5.2
When, in the opinion of the Development Officer an application is deemed to be incomplete, the
applicant shall be advised in writing that the application is incomplete and that the application will
not be processed until all of the required information is provided. The written notice shall include
a description of the information required for the application to be considered complete and the
deadline by which the required information is to be submitted. The failure to submit the required
information in accordance with the notice shall result in the application being deemed refused and
may be appealed in accordance with 6.10.
6.5.3
Once an application is deemed to be complete in accordance with 6.5.1 or 6.5.2, the applicant
shall be notified in writing that the application is complete, and the Development Officer shall
process the application.
6.5.4
The requirements of this Section do not apply to the optional information identified in 6.3.3 and
6.4.3, but if required shall be provided by the applicant to the Approving Authority prior to a
decision being made.
6.6
Referrals
6.6.1
The Development Officer may refer any application for a development permit to any government
agency, adjacent landowner, or any person or agency with a registered encumbrance on the
subject land for comment and advice.
6.6.2
After 14 days from the date of referral under 6.6.1, the Development Authority may deal with the
application whether or not comments have been received.
6.6.3
The Development Officer shall circulate an application for subdivision to all adjacent landowners,
and all agencies required under the Regulation for review and comment. A subdivision
application may also be circulated to any person or agency with a registered encumbrance on the
subject land.
6.6.4
An application for a development permit or subdivision that may impact any historical or
archaeological site shall be submitted to Alberta Culture and Tourism for comment prior to a
development permit being issued.
6.7
Development Authority's Discretion
6.7.1
A development permit application for a use that is not listed as a Permitted Use or a Discretionary
Use in the subject Land Use District shall be refused.
6.7.2
Notwithstanding 6.7.1, the Development Officer may refer any application to the Municipal
Planning Commission. If the Municipal Planning Commission determines that the proposed use
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of land or a building is similar in character and purpose to a use listed under that land use district,
despite that the use is not listed as a Permitted Use or Discretionary Use in the Bylaw, the
Development Authority may issue a development permit.
6.7.3
In making a decision on an application for a Permitted Use, the Development Authority shall:
(a) approve with or without conditions, an application for a development permit where the
proposed development conforms with this Bylaw; or
(b) refuse an application for a development permit if the proposed development does not
conform to the Bylaw.
6.7.4
In making a decision on an application for a Discretionary Use, the Development Authority:
(a) may approve, either permanently or for a limited period of time, a development permit
application that meets the requirements of this Bylaw, with or without conditions;
(b) may refuse a development permit application even though it meets the requirements of this
Bylaw;
(c) shall refuse, a development permit application if the proposed development does not
conform with this Bylaw.
6.7.5
In reviewing a development permit application for a Discretionary Use, the Development Authority
shall have regard for:
(a) the purpose and intent of the Act, as well as any statutory plans adopted by the Municipality;
(b) the circumstances and merits of the application, which may include such items as:
(i)
impact of nuisance factors such as smoke, airborne emissions, odours and noise on
nearby properties;
(ii) the design, character and appearance of the development shall be compatible with and
complementary to the surrounding area; and
(iii) the servicing requirements for the proposed development.
6.7.6
A development permit for a temporary use or development may only be issued if the use or
development is a listed as a Permitted Use or a Discretionary Use in the applicable land use
district.
6.7.7
The Development Authority shall refuse an application for a development permit or subdivision
that is deemed to be incomplete in accordance with 6.5.
6.7.8
The Development Authority may approve an application for a Development Permit
notwithstanding that the proposed development does not comply with this Bylaw if, in the opinion
of the Development Authority:
(a) the proposed development would not
(i)
unduly interfere with the amenities of the neighbourhood, or
(ii) materially interfere with or affect the use, enjoyment or value of neighbouring properties,
and
(b) the proposed development conforms with the use prescribed for the land or building in the
Bylaw.
6.7.9
Further to 6.7.8, the Development Officer may vary any or all of the District requirements by a
maximum of 20% provided such a variance does not unduly affect the amenities, uses or
enjoyment of the site or the neighbouring properties.
6.7.10 In the event that a variance is granted pursuant to 6.7.9, the Municipality shall indicate in its files
the type and extent of any variance granted to any development permit approval.
6.8
Conditions of a Development Permit or Subdivision Approval
6.8.1
The Approving Authority may attach as conditions of a development permit approval or subdivision
approval, those conditions it feels are necessary to address or resolve any development concerns
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or issues in regards to a proposed development or subdivision.
6.8.2
The Approving Authority may require that as a condition of issuing a development permit or
subdivision approval, the applicant enter into an agreement with the Municipality to do any or all of
the following:
(a) to construct or pay for the construction of a road required to give access to the development
or subdivision;
(b) to construct or pay for the construction of a pedestrian walkway system to serve the
development or subdivision, or pedestrian walkways that will connect the pedestrian
walkway system serving the development or subdivision with a pedestrian walkway system
that serves or is proposed to serve an adjacent development or subdivision;
(c) to install or pay for the installation of public utilities, other than telecommunications systems
or works, that are necessary to serve the development or subdivision;
(d) to construct or pay for the construction of on-site or other parking facilities, and loading and
unloading areas;
(e) to pay an off-site levy or redevelopment levy imposed by bylaw;
(f) to provide security to ensure that the terms of the agreement are carried out; and
(g) any other requirement the Approving Authority deems necessary.
6.8.3
The Municipality may register a caveat pursuant to the provisions of the Act and the Land Titles
Act in respect of an agreement under this Section against the Certificate of Title for the land that
is the subject of the development or subdivision. Said caveat shall be discharged when the
agreement has been complied with.
6.8.4
A development permit granted pursuant to this Section does not come into effect until 21 days
after its issuance. Where an appeal has been filed with the Board, no development shall be
commenced or undertaken pursuant to the development permit until all appeals are finally
determined and the issuance of the development permit has been upheld.
6.8.5
A development permit lapses or expires and is automatically void:
(a) if the development authorized is not commenced within 12 months from the date of issuing
the permit, or within such longer period as may be granted by the Development Authority;
(b) the development is temporary and the time allowed for carrying out the development under
the development permit conditions has expired;
(c) for a development permit authorizing a dwelling unit, if the dwelling unit is not substantially
complete and safe for occupancy, as evidenced by the applicant's submission to the
Municipality of all permit approvals required under the Safety Codes Act, within 18 months
from the date that the development permit became effective, unless otherwise prescribed
under the conditions of the development permit;
(d) if a development is not completed within the time prescribed for completion under the
development permit conditions.
Further, developments shall be completed to the satisfaction of the Development Officer within 18
months from the date of issuing the development permit.
6.8.5
In the case where an application for a development permit has been refused initially or ultimately
after appeal, the submission of another application for a permit on the same property and for the
same or similar use of the land shall not be accepted by the Development Officer within 6 months
of date of the refusal.
6.9
Notification of Decision
6.9.1
A decision of the Approving Authority on an application for a development permit or subdivision
shall be given in writing, and a copy of the notice of decision shall be mailed or emailed to the
applicant or agent, and in the case of a subdivision approval, any other person or agency required
under the Act.
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6.9.2
Development permit approvals shall be posted on the Municipality's website.
6.9.3
When an application for a development permit for a Permitted Use requiring a variance or a
Discretionary Use is approved, the Development Officer shall publish a notice in a local
newspaper indicating:
(a) the applicant's name;
(b) the address and legal description of the property for which the application has been made;
(c) the nature of the proposed development; and
(d) the decision of the Development Authority.
6.9.4
When an application for a development permit or subdivision is refused, the Development Officer
shall mail a notice of decision to the applicant or his agent stating the reasons for refusal.
6.9.5
For the purpose of this Bylaw, notice of the decision of the Development Authority is deemed to
have been given on the day when the notice of decision is published in the newspaper, or the
date the notice is mailed or emailed to the applicant.
6.9.6
Pursuant to the Farming Practices Protection Statutes Amendment Act, when a development
permit application for a single detached dwelling or a manufactured home is approved, the
Development Officer shall include in the written notice an advisory that the approved residence is
located adjacent to an agricultural operation. In addition, the Municipality shall provide printed
notice respecting the presence of agricultural operations to all landowners in accordance with
Council policy.
6.10
Appeals
6.10.1 Method of Appeal
(a) The Board shall perform such duties and follow such procedures as specified in the Act and
the Intermunicipal Subdivision and Development Appeal Board Bylaw.
(b) A decision on a development permit or a subdivision may be appealed:
(i)
by the applicant by serving a written notice of appeal on the Clerk within 21 days after
notice of the decision or issuance of the development permit or subdivision was given, or
(ii) by an affected person within until 21 days after the date on which notice of issuance of
the development permit was given in accordance with 6.9.
(c) For the purposes of this Bylaw, 6.9.5 establishes the date a notice of decision is deemed to
have been given.
6.10.2 The Appeal Process
(a) The Clerk shall give written notice of the hearing to all required parties in accordance with the
Act and the Intermunicipal Subdivision and Development Appeal Board bylaw.
(b) When a notice of appeal has been served on the Clerk with respect to a decision of the
Approving Authority to approve a development permit or subdivision, the development permit
or subdivision approval shall not be effective before:
(i)
the decision of the Approving Authority has been sustained by the Board, or
(ii) the Clerk has received written notification from the appellant that the appeal has been
abandoned.
(iii) if the decision of the Approving Authority to approve a development permit or
subdivision application is reversed by the Board, the development permit or subdivision
approval shall be
(c) If the decision to approve a development permit or subdivision application is varied by the
Board, the Board shall direct the Development Officer to forthwith issue the permit in
accordance with the terns of the decision of the Board.
6.11
Amendments
6.11.1 Contents of an Amendment Application
(a) An application to amend this Bylaw shall be made to the Development Officer on the
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prescribed form and accompanied by the following:
(i)
if the amendment involves the re-designation of land to a different Land Use District,
1.
a copy of the certificate of title for the subject property dated within 30 days of the
application,
2.
the applicant's name, address and interest in the subject property. Where the
applicant is an agent for the owner, a letter from the owner must be provided
verifying the agent's authority to make the application,
3.
an accurate and fully dimensioned graphic representation of the subject lands
affected by the proposed amendment, and may be required to be prepared to a
professional standard by a surveyor if less than the full parcel,
4.
signature of all registered landowners or written authorization for agent to act on
behalf of the registered landowners, and
5.
properly dimensioned vicinity maps of appropriate scaled indicating the site to be
amended, its relationship to existing land uses within a 90 m (285 ft) radius of the
boundaries of the site, and
6.
permission for right-of-entry by the Development Officer and/or other persons
authorized by the Municipality;
(ii) a written statement from the applicant explaining the reasons for the proposed
amendment, and how the amendment conforms with any relevant statutory plan(s);
(iii) such additional information as the Development Officer may require.
(b) Each amendment application shall be accompanied by a non-refundable application fee, as
determined by resolution of Council from time to time.
(c) Council may, on its own initiative, commence an amendment to this Bylaw by directing the
Development Officer to initiate an application.
(d) The Development Officer may refuse to process an application to amend this Bylaw if the
information has not been supplied or if, in his opinion, it is of inadequate quality to properly
evaluate the application.
6.11.2 The Amendment Process
(a) All amendments to the Land Use Bylaw shall be made by the adoption of an amending bylaw
following a public hearing.
(b) Upon receipt of a complete application (in accordance with 6.11.1), it shall be referred to:
(i)
The Municipality's administration for the drafting of an amending Bylaw; and
(ii) Council to consider first reading and to establish a public hearing date.
(c) A notice of the application shall be published for 2 consecutive weeks in the local
newspaper, with the second notice appearing no later than 5 days in advance of the public
hearing. The notice shall also be mailed to each owner of land that is the subject of the
proposed amendment, as well as all adjacent landowners. The notice shall contain:
(i)
if the amendment involves the re-designation of land to a different Land Use District, the
legal description of the land and a map illustrating the lands in question;
(ii) the purpose of the proposed amending Bylaw;
(iii) the one or more places where a copy of the proposed amending Bylaw may be
inspected by the public;
(iv) the one or more dates, places and times that the Council will hold a public hearing on
the proposed amending Bylaw;
(v) an outline of the procedures to be followed by anyone wishing to be heard at the public
hearing; and
(vi) an outline of the procedures by which the public hearing will be conducted.
(d) The application may be referred to any agency as deemed necessary for comment and
advice.
(e) Council, after considering
(i)
any representations made at the public hearing; and
(ii) any statutory plan, affecting the application and the provisions of this Bylaw may:
1.
make such changes as it considers necessary to the proposed amendment, if any,
and proceed to pass the proposed amendment, or
2.
defeat the proposed amendment.
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(f)
Where an application for an amendment has been refused by Council, the Development
Officer shall refuse to accept another application on the same land for the same or similar
purpose until six months have passed from the date of such refusal.
6.12
Compliance
6.12.1 Non-Conforming Buildings and Uses
A development that is considered as a non-conforming building or use shall be dealt with as
provided for under the Act. For convenience, the following extracts are provided:
(a) If a development permit has been issued on or before the day on which this Bylaw or
amending bylaw comes into force, and the Bylaw would make the subject development a
nonconforming use or non-conforming building, the development permit continues in effect in
spite of the coming into force of the Bylaw.
(b) A non-conforming use of land or a non-conforming use of a building may be continued but if
that use is discontinued for a period of 6 consecutive months or more, any future use of the
land or building shall conform with the provisions of this Bylaw;
(c) A non-conforming use of part of a building may be extended throughout the building but the
building, whether or not it is a non-conforming building, may not be enlarged or added to and
no structural alterations may be made to it or in it;
(d) A non-conforming use of part of a lot may not be extended or transferred in whole or in part
to any other part of the lot and no additional buildings may be constructed on the lot while
the nonconforming use continues;
(e) A non-conforming building may continue to be used but the building may not be enlarged,
added to, rebuilt or structurally altered except
(i) to make it a conforming building; or
(ii) for routine maintenance of the building, if the Development Authority considers it
necessary;
(f)
If a non-conforming building is damaged or destroyed to the extent of more than 75 percent
of the value of the building above its foundation, the building may not be repaired or rebuilt
except in accordance with this Bylaw;
(g) The land use or the use of a building is not affected by a change of ownership or tenancy of
the land or building.
6.12.2 Contravention
(a)
No person shall make use of land in a manner contrary to the provision of the Act, this
Bylaw, or a development permit issued under this Bylaw.
(b)
A Development Authority may suspend or revoke a development permit where:
(i)
the permit or conditions of a permit have not been complied with;
(ii)
the permit was issued on the basis of incorrect information or misrepresentation by the
applicant or registered owner;
(iii)
the permit was issued in error; or
(iv) requested by the applicant or registered owner.
(c)
Where the Development Officer finds that a development or use of land is not in accordance
with the Act, this Bylaw, or a development permit issued hereunder, the Development Officer
may, by notice in writing, order the registered owner, the person in possession of the land or
buildings, the person responsible for the contravention, or all or any of them to:
(i)
stop the development or use of the land or buildings in whole or in part as directed by
the notice;
(ii) demolish, remove or replace the development; or
(iii) carry out any other actions required by the notice so that the development or use of the
land or building complies with the Act, a development permit, subdivision approval or
this Bylaw as the case may be, within the time specified by the notice.
(d)
If a person fails or refuses to comply with an order directed to him under 6.12.2(c) or an
order of the Board under the Act, Council or a person appointed by it may, in accordance
with the Act, enter upon the land or building and take such action as is necessary to carry
out the order.
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(e)
When Council or a 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.
(f)
For the purpose of entering and inspecting land or buildings as described in the Act, the
Development Officer is hereby declared to be a "designated officer".
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SECTION 7 DEFINITIONS
In this Bylaw, the following definitions shall apply. All other words or expressions shall have the meanings
respectively assigned to them in the Act and the Regulation. In any other cases, the meaning shall be the
customary meaning of the word or expression.
Abut/Abutting
Immediately contiguous to or physically
touching, and when
used with
respect to a
lot, means that
the lot
physically
touches upon
another lot,
and shares a
boundary with
it.
Accessory Building/Use
A building or use that in the opinion of the
Development Authority is incidental, subordinate
and exclusively devoted to the principal use or
building and located on the same site, but does
not include a farm building or an accessory
dwelling.
Accessory Dwelling
A dwelling unit that is located either above or to
the rear of a commercial use and is subordinate
to the commercial use of the site.
Act
The Municipal Government Act, Revised
Statutes of Alberta 2000, Chapter M-26 and
amendments thereto.
Adjacent
Land that is contiguous
to another parcel of
land, or would be
contiguous if not for a
river, stream, railway,
road or utility right of
way or reserve land.
Agricultural Industry
An industrial use
related to agriculture
involving the
production, initial processing or storage of farm
products. Without restricting the generality of the
above it may include a grain elevator, seed
cleaning plant, abattoir, pelletizing plant, bulk oil
and gas sales and storage, auction market,
livestock holding station, fertilizer sales and
storage, or similar use.
Agriculture, Extensive
The raising or production of any cultivated crops,
livestock or dairy products that utilize relatively
large areas of land and in which the use of
buildings and confinement areas is auxiliary to
the use of the land itself. This constitutes an
"agricultural operation" pursuant to the
requirements of the Agricultural Operation
Practices Act.
Agriculture, Intensive
A commercial agricultural operation that, due to
the nature of the operation requires smaller
tracts of land. Without restricting the generality
of the foregoing, this includes nurseries,
greenhouses, market gardens, sod farms, and
tree farms. This does not include a confined
feeding operation.
Airport
The Spirit River Airport.
Apiary
Structures related to the commercial rearing and
keeping of bees.
Approach
A vehicular access road, culvert crossing, or
other structure constructed, erected, installed or
maintained in a road between a lot line and the
nearest curb or edge of road and is for the use
or benefit of the occupant of the subject lot.
Approving Authority
The Development Authority or the Subdivision
Authority for the Municipality as applicable.
Auctioneering Establishment
A development intended for the auctioning of
goods and equipment, including temporary
storage of such goods and equipment.
Automotive Repair
A facility for the servicing and mechanical repair
of automobiles, trucks and utility vehicles, heavy
equipment, motorcycles, snowmobiles, motor
homes and similar vehicles, the sale, installation,
Abut/Abutting
Adjacent
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Land Use Bylaw No. 11-2019
October 2019
Page 51
or servicing of related accessories and parts,
and servicing of small engines and equipment,
but does not include auto body and paint shops
or salvage yards.
Average Finished Grade
For the purposes of
measuring
building height,
the arithmetic
mean of the
elevations of the
finished grade at
two outermost
corners of a wall
on the respective
side of a
building.
Basement
That portion of a building that is located wholly
or partially below grade, the ceiling of which
does not extend more than 1 m (3 ft) above
grade.
Battery
A system or arrangement of tanks or other
surface equipment receiving the effluents of one
or more wells prior to delivery to market or other
disposition, and may include equipment or
devices for separating the effluents into oil, gas
or water and for measurement.
Bed and Breakfast
An establishment that is operated from a private
residence that has 2 or more rooms for rent to
the general public on a daily basis. The rent
charge may or may not include meals for the
registered guests. Not to limit the generality of
the above, the main use of the house is for a
private residence for the host and their
immediate family.
Board
The Intermunicipal Subdivision and
Development Appeal Board established under
the Act to conduct hearings with respect to
development and subdivision appeals and stop
orders.
Buffer
A row of trees or shrubs or berm to provide
visual screening and separation to uses
between sites or districts.
Building
Anything constructed or placed on, in, over or
under land but does not include a highway or
road or a bridge forming part of a highway or
road.
Building Height
The vertical
distance
of a
building
measured
from the
average
finished
grade
adjacent to the building to the highest point of
the roof.
Bulk Fuel/Chemical or Card Lock
A development where refined or crude oil, fuel,
or liquid or solid chemical is stored outdoors,
and includes the storage of dangerous or
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.
Bulk Retail
A commercial development where consumer
goods are offered in bulk (warehouse style and
in case lots or pre-packaged multiples) for sale
or trade during limited hours of operation and
excludes the storage and/or sale of hazardous
goods to the satisfaction of the Development
Authority.
Campground
An area for the seasonal short term use (30
days) of recreational vehicles, tents, tent trailers
and similar vehicles, and is not used for
recreational vehicle storage, or accommodation
for residential use. Typical uses include, but are
not limited to, tourist trailer parks, campsites and
tenting grounds and related recreational
activities such as trail riding, picnic grounds,
boating facilities, and playgrounds.
Cannabis
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
Average Finished Grade
Building Height
Municipal District of Spirit River No. 133
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amended.
Cannabis Production Facility
The use of land, buildings or structures for the
cultivation, processing, testing, destruction,
packaging, and shipping of marijuana used for
medical purposes as permitted and licensed by
the Government of Canada.
Cannabis, Retail
A federally regulated retail use that is involved in
the sale of legal cannabis products.
Canopy
A projection extending from the outside wall of a
building normally for the purpose of shielding a
part of the building from the sun.
Clerk
The Clerk to the Intermunicipal Subdivision and
Development Appeal Board.
Commence
To initiate a development pursuant to an
approved development permit. For the purpose
of this Bylaw, this refers to the excavation of a
site and/or the construction of the foundation of
a building or structure.
Commercial Vehicle
A semi-trailer truck, intermediate-sized vehicle,
or passenger vehicle no larger than a pick-up or
cargo van used in support of a business.
Communication Tower and Antenna System
A structure for supporting equipment for
transmitting or receiving television, radio,
telephone or other electronic communications.
Community Hall/Facility
A development used for public or quasi-public
activities, such as community cultural and/or
fundraising events.
Complete Application
A development permit or subdivision application
that contains all of the information required in
order for the Approving Authority to make a
decision.
Confined Feeding Operation
A confined feeding operation as defined in the
Agricultural Operation Practices Act.
Contractor, General
A development used for commercial and
industrial service support and construction.
Typical uses include oilfield support services,
laboratories, cleaning and maintenance
contractors, welders, building construction,
surveying, landscaping, concrete, electrical,
excavation, drilling, heating, plumbing, paving,
road construction, sewer, or similar services of a
construction nature that 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.
Contractor, Limited
A 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.
Corner
The intersection of any 2 lot lines of a lot or site.
Council
The Municipal Council of the Municipality.
Country Residential Parcel
The subdivision of an undeveloped parcel of
land from an unsubdivided quarter section for
the purpose of accommodating a residence.
Dangerous Goods
Dangerous goods as defined in the Alberta Fire
Code.
Dealership
Premises for the display, sale and servicing of
new or used motor vehicles and equipment,
including farm machinery and equipment,
construction-related vehicles and equipment,
manufactured homes, modular homes,
recreational vehicles, trucks, trailers, boats,
motorcycles, and snowmobiles.
Deck
An unenclosed amenity area of concrete, brick,
wood or other material that is constructed at
Municipal District of Spirit River No. 133
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Page 53
grade or attached to a
dwelling, and may
consist of a:
(a) "Ground Level
Deck", the
overall height
of which does
not exceed 0.6
m (2 ft)
measured from
finished grade
to the finished
floor height; or
(b) "Raised Deck",
the overall
height of which
is greater than
0.6 m (2 ft)
measured from
finished grade to finished floor height.
Dehydrator
An apparatus designed and used to remove
water from raw natural gas.
Density
The average number of persons, families or
dwelling units per unit of area.
Developer
An owner, agent or any person, firm or company
responsible for a development.
Development
(a) An excavation or stockpile and the creation
of either of them,
(b) A building or an addition to or replacement
or repair of a building and the construction
or placing of any of them in, on, over or
under land,
(c) A change in use of land or a building or an
act done in relation to land or a building that
results in or is likely to result in a change in
the use of the land or building, or
(d) A change in the intensity of use of land or a
building or an act done in relation to land or
a building that results in or is likely to result
in a change in the intensity of use of the
land or building.
Development Authority
A Development Authority established pursuant to
the Act and includes the Development Officer or
Municipal Planning Commission of the
Municipality, as the case may be.
Development Officer
The person appointed by Council to serve as the
Development Officer pursuant to 2.1.1.
Development Permit
A document authorizing a development issued
pursuant to this Bylaw.
Discretionary
Refers to the use of land or a building that may
be authorized (as included in a list of
Discretionary Uses) in a given Land Use District
at the discretion of the Development Authority,
with or without conditions.
Drive-Through Business
An establishment, which services customers
traveling in motor vehicles driven onto the site
where such business is carried on, where the
customer normally remains in the vehicle for
service.
Driveway
A private road that provides vehicle access from
an individual lot or site to a road.
Dugout
A borrow pit that is used as a water source for
domestic or farm purposes.
Dwelling/Dwelling Unit
1 or more rooms used as or designed to be used
as a residence and containing sleeping, cooking
and sanitary facilities and with an independent
entrance either directly from outside a building
or from a common hallway inside a building.
Dwelling, Single Detached
A stick-built residential building or modular home
containing only one residential dwelling unit, but
does not include a manufactured home.
Easement
A right to use land, generally for access to other
property or for a public utility.
Environmentally Sensitive Area
Those areas that are generally unsuitable for
development due to the presence of excessive
or unstable slopes, the potential for erosion or
flooding, or contain sensitive ecological habitat.
Equipment Sales, Rental and Repair
A development used for the sales, rental and
repair of tools, agricultural equipment and
vehicles, appliances, recreational craft, office
Ground Level Deck
Raised Deck
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October 2019
Page 54
machines, furniture, home appliances, light
construction equipment, or similar items, but
does not include the rental or repair of motor
vehicles.
Excavation
Any breaking of ground, except common
household gardening and ground care.
Exterior Storage
The use of a site or portion of a site used for the
storage of products, goods, materials,
machinery, vehicles, or equipment that is not
contained within a building.
Farm Building
Improvement used in connection with the raising
or production of crops, livestock, or poultry and
situated on land used in connection with such
farming operations, but does not include a
dwelling unit.
Farmstead
The first parcel out of an unsubdivided quarter
section containing an existing, habitable dwelling
unit and associated buildings and related
improvements.
Fence
A physical barrier constructed for the purposes
of sound abatement, limiting intrusion, and/or to
prevent unauthorized access or containment of
livestock.
Fleet Service
A development using a fleet of vehicles for the
delivery of people, goods, or services, where
such vehicles are not available for sale or long-
term lease. This includes, taxi services, bus
lines, messenger and courier services, but does
not include moving or cartage firms involving
trucks with a gross vehicle weight of more than
3,000 kg (6,600 lb).
Foundation
The lower portion of a building, usually concrete,
masonry or preserved wood, and includes the
footings that transfer the weight of and loads on
a building to the ground.
Foundation, Permanent
A structure consisting of concrete, treated wood,
or masonry that serves as support for a building
that, during construction, involves an excavation.
This may include but not be limited to a
basement, crawl space, concrete slab, or pilings.
Fragmented Parcel
A parcel that is separated from the balance of a
quarter section by an impassable natural feature
such as a permanent watercourse or valley, or a
physical feature such as a road, highway, or
railway.
Gas Bar
An establishment used for the sale of gasoline,
propane or other fuels, the sale of lubricating oils
and other automotive fluids or motor vehicle
accessories, but does not include service
stations or automotive repair establishments.
Gas Processing Plant
A plant for the extraction from gas of hydrogen
sulfide, helium, ethane, natural gas liquids or
other substances, including a dehydrator, but
does not include a battery, pipeline, separator,
treater, or well.
General Industry
An industrial use that may include but not limited
to:
(a) warehousing or storage of materials, goods
or equipment, and/or,
(b) manufacturing or processing of a finished
product from raw materials and/or
(c) provision of large scale transportation
facilities for freight or passengers and/or,
(d) industrial operations that due to noise,
safety hazards, noxious or toxic emissions
requires tracts of land situated away from
any concentration of people, and/or
(e) storage of steel materials, including but not
limited to the following: pipes, culverts and
steel beams.
Grade
The ground elevation from which the height of a
building or structure is measured.
Grain Bin
A manufactured cylindrical steel bin that is larger
than 2,500 bushels in capacity with or without a
permanent foundation.
Grain Bin, Portable
A manufactured cylindrical steel bin that is less
than 2,500 bushels in capacity and is placed on
skids.
Grain Elevator
A building, or part thereof, used for the purchase
and sale of grain and may include, as an
incidental or subordinate development, a grains-
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Page 55
chemical sales facility.
Group Home
A residential development that provides special
care for foster children or individuals that are
handicapped, disabled or in need of adult
supervision in accordance with their individual
needs and are licensed by the Provincial
authority having jurisdiction over the facility.
Hard Surfaced/Surfacing
A surface consisting of, at minimum, prepared
gravel or paving approved by the Development
Authority.
Highway
A road designated by the Province as a
highway.
Home Based Business
A commercial development that is accessory
and subordinate to the principal residential use
of a dwelling or site, and may take the form of:
(a) "home based business, major" that is
confined to a residential lot or an accessory
building on a residential lot; or
(b) "home based business, minor" that is
confined to a dwelling.
Household
A social unit comprised of those living together
under the same roof.
Industrial Support
A development that provides cleaning, servicing,
repairing or testing of materials, goods and
equipment normally associated with the oil and
gas industry and may include the storage or
shipping of such materials, goods and
equipment, including petrochemical products
and supplies. This definition applies to oil and
gas and forestry industry support operations and
includes, but is not limited to, seismic and
surveying, well servicing, oilfield haulers,
pipeline contractors and welding operations.
Kennel
Premises used for the commercial breeding,
raising, or boarding of cats or dogs.
Land Farm
A site used for the treatment of soils
contaminated by hydrocarbons and non-
hazardous organic oilfield waste, whereby the
soil in question is remediated through aeration
or cultivation into agricultural or other suitable
lands.
Landfill, Industrial
A site used for the disposal of non-domestic or
industrial solid wastes that may not be disposed
of at a sanitary landfill and is not intended for
use of the public at large.
Landfill, Sanitary
A site used for the disposal of domestic solid
wastes that can be utilized by the public at large.
Landscaping
The enhancement of a site through the use of
any or all of the following elements:
(a) "soft landscaping" consisting of vegetation
such as trees, shrubs, hedges, grass,
berms, and ground cover,
(b) "hard landscaping" consisting of non-
vegetative materials such as but not limited
to brick, stone, concrete, tile and wood,
excluding monolithic concrete and asphalt.
Lane
A narrow road intended to give vehicular access
to the rear of a building or lot.
Livestock
Any farm animals and/or poultry reared for
commercial or personal purposes. For the
purpose of this Bylaw, this includes but is not
limited to cattle, horses, sheep, goats, swine,
domestic fowl, rabbits, mules, donkeys, buffalo,
elk and deer.
Lot
(a) A quarter section,
(b) A river lot shown on an official plan, as
defined in the Surveys Act, that is filed or
lodged in a land titles office,
(c)
A settlement lot shown on an official plan,
as defined in the Surveys Act, that is filed or
lodged in a land titles office,
(d) A part of a parcel of land described in a
certificate of title if the boundaries of the
part are described in the certificate of title
other than by reference to a legal
subdivision, or
(e) A part of a parcel of land described in a
certificate of title if the boundaries of the
part are described in a certificate of title by
reference to a plan of subdivision;.
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Lot, Corner
A lot having a frontage
on two or more roads at
their intersection or
junction.
Lot Line
A legally defined limit of
any lot.
Lot Line, Front
The boundary dividing
the lot from an abutting road other than a lane.
In the case of a corner lot the shorter lot line
shall be the front lot line.
Lot Line, Rear
The lot line of a lot that is directly opposite to the
front lot line.
Lot Line,
Side
Any lot line
other than
the front or
rear lot line.
Lot Line,
Exterior
Side
A side lot line
that abuts a road or lane.
Lot Line, Interior Side means a side lot line
that is not an exterior side lot line.
Manufactured Home
A transportable detached dwelling unit that is
manufactured to meet the Canadian Standards
Association standard CSA Z240 and that is used
as a residence. For the purpose of this Bylaw,
two types of manufactured homes may be
distinguished:
(a) "manufactured home, single-wide" means
a manufactured home consisting of a
single unit designed to be towed in a single
load.
(b) "manufactured home, double-wide" means
a manufactured home consisting of two
sections separately towable but designed
to be joined together at the site to form one
dwelling unit.
Manufactured Home Park
A development on a lot under single ownership
and managed by a park operator that is
designed to accommodate numerous
manufactured homes on leased sites in a
community setting.
Manufactured Home Subdivision
A subdivision of lots specifically for the
development or placement of Manufactured
Homes.
Mini Storage
Self-contained buildings or storage facilities
intended to provide inside storage options on a
small scale where the customer is charged a
rental fee on a monthly or annual basis for the
storage of personal products.
Minor Agricultural Pursuit
The non-commercial rearing of a limited number
of livestock on a residential parcel.
Modular Home
A prefabricated or factory built dwelling that is
manufactured to meet the Canadian Standards
Association standard CSA Z277 and is installed
on a concrete foundation.
Motel
A building or group of buildings designed for the
accommodation of the traveling public,
containing guest rooms, each of which has a
separate entrance directly from outside the
building.
Municipal Planning Commission
A municipal planning commission established by
separate bylaw.
Municipality means the Municipal District of Spirit
River No. 133.
Natural Resource Extraction Industry means
an enterprise engaged in the on-site removal,
extraction and primary processing of raw
materials such as timber, clay, sand, gravel,
coal, limestone, oil and natural gas.
Non-Conforming
Refers to a building or use that does not comply
with the provisions of this Bylaw.
Occupancy
The use or intended use of a building or part
thereof for the shelter or support of persons or
property.
Corner Lot
Lot Lines
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Parcel
The aggregate of the one or more areas of land
described in a certificate of title or described in a
certificate of title by reference to a plan filed or
registered in a land titles office.
Park
Land developed for public recreational activities
that do not require major buildings or facilities,
and typically includes, but is not limited to, picnic
areas, playgrounds, pedestrian and bicycle
paths, landscaped areas and associated public
washrooms.
Parking Lot
A portion of a lot or site that is developed for the
storage and parking of motor vehicles.
Parking Stall
That portion of a parking lot that accommodates
a vehicle.
Permitted
Refers to the use of land or of a building (as
included in a list of Permitted Uses) for which a
development permit shall be issued, with or
without conditions, provided the use conforms to
this Bylaw.
Personal Services
A development used for the provision of services
to an individual that are related to the care and
appearance of the body, or the cleaning and
repair of personal effects. Typical uses include
barber shops, hairdressers, beauty salons,
tailors, dressmakers, shoe repair shops, dry
cleaners and similar uses.
Pipeline
Any pipe or any system or arrangement of pipes
whereby oil, gas or synthetic crude oil or water
incidental to the drilling for or production of oil,
gas or synthetic crude oil is conveyed, and
includes all property of any kind used for the
purpose of, or in connection with, or incidental
to, the operation of a pipeline in the gathering,
transporting, handling and delivery of oil, gas,
synthetic crude oil or water, but does not include
any pipe or any system or arrangement of pipes
that constitutes a distribution system for the
distribution within a community of gas to ultimate
consumers.
Pipe and Equipment Storage
The storage of materials, goods and equipment
normally associated with the oil and gas industry
and may include the shipping of such materials,
goods and equipment, including petrochemical
products and supplies.
Porch
An entrance structure typically attached to the
front or sides of a residential dwelling at the
ground floor entry level, consisting of a roof and
floor, where the front and sides of the structure
may be enclosed by solid walls or windows or
unenclosed where the front and/or sides remain
open to the elements.
Principal Building/Use
A building or use that, in the opinion of the
Development Authority,
(a) occupies the major or central portion of a
site;
(b) is the main building or use among one or
more buildings or uses on the site; or
(c) constitutes by reason of its use the primary
purpose for which the site is used. There
shall be no more than one principal building
on each site unless specifically permitted in
this Bylaw.
Public Building/Use
A building, structure, or site owned or leased by
a department or agency of the federal, provincial
or municipal government for the purpose of
public administration such as (but not limited to)
municipal offices, taxation offices, courthouses,
postal stations, manpower and employment
offices, school board office, health authority
office, social services, museums, libraries, and
art galleries.
Public Utility
A system or works used to provide one or more
of the following for public consumption, benefit,
convenience or use:
(a) water or steam;
(b) sewage disposal;
(c)
public transportation operated by or on
behalf of the municipality;
(d) irrigation;
(e) drainage;
(f)
fuel;
(g) electric power;
(h) heat;
(i)
waste management;
(j)
lighting.
Public Utility Lot
A lot or parcel of land used in the distribution,
maintenance and housing of a public utility.
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Recreation, Extensive
A recreational activity that tends to concentrate
many people at a specific site, on proportionally
smaller areas of land, and generally involves
usage of some developed facilities. For the
purpose of this Bylaw this includes golf courses,
campgrounds, resorts, shooting range, ski hill,
hunting, trail riding, snowmobiling, summer
camps, hiking or other similar activities and
similar uses.
Recreation, Indoor
A facility where patrons participate in sports
events and other recreational activities in an
enclosed building that may include a restaurant
and a retail store. Typical uses include but are
not limited to, arenas, athletic clubs, curling
clubs, health and fitness clubs, gymnasiums,
swimming pools, bowling alleys, and racket
clubs.
Recreation Resort
A commercial development that offers a
combination of fixed roof guest accommodation
and recreational opportunities. The resort may
be located to benefit from specific natural or built
amenities and typically includes the following
uses, but is not limited to, dining and beverage
facilities, concessions, pro shops and picnic
areas.
Recreational Vehicle
A vehicle or portable structure designed to be
carried on a motor vehicle, towed behind a
motor vehicle, or designed and built to be
transported on its own wheels, to provide
temporary living accommodation for travel
and/or recreational purposes. This includes such
vehicles as motor homes, fifth wheel trailers and
holiday trailers, but does not include a
manufactured home.
Recreational Vehicle Park
A development that has been planned and
improved for the seasonal short term use of
holiday trailers, motor homes, tents, campers
and similar recreational vehicles, and is not used
as year round storage, or accommodation for
residential use. Typical Uses include tourist
trailer parks, campsites and tenting grounds.
Recreational Vehicle Storage
The storage of recreational vehicles, but does
not include a recreational vehicle park or the
sales or service of recreational vehicles.
Registered Owner
(a) In the case of land owned by the Crown in
right of Alberta or the Crown in right of
Canada, the Minister of the Crown having
the administration of the land; or
(b) In the case of any other land:
(i) the purchaser of the fee simple estate
in the land under an agreement for
sale that is the subject of a caveat
registered against the Certificate of
Title in the land and any assignee of
the purchaser's interest that is the
subject of a caveat registered against
the Certificate of Title; or
(ii) in the absence of a person described
in paragraph (i), the person registered
under the Land Titles Act as the owner
of the fee simple estate in the land.
Regulation
The Subdivision and Development Regulation.
Religious Assembly
A development used for spiritual worship and
related religious philanthropic, or social activities
and includes accessory rectories, manses,
meeting rooms, food preparation and service
facilities, classrooms, dormitories, and other
buildings. Typical uses include churches,
chapels, mosques, temples, synagogues, parish
halls, convents, and monasteries.
Restaurant
A development where food and beverages are
prepared and served on-site to the public,
where minor persons are not excluded, and for
which alcoholic beverage service may be a
subordinate use and is carried out in
compliance with any applicable bylaws and
provincial and federal laws.
Retail Store
Commercial premises in which the retail sale of
consumer goods takes place, but does not
include Cannabis, Retail.
Road
Land shown as a road on a plan of survey that
has been filed or registered in a land titles office,
or used as a public road, and includes a bridge
forming part of a public road and any structure
incidental to a public road, but does not include
a highway, or an internal subdivision road.
Road, Internal Subdivision
A road that is intended to serve one or more lots
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Page 59
and is not located within a government road
allowance, the management of which is the
responsibility of the Municipal District.
Salvage Yard
Land and associated buildings used to store,
dismantle, salvage, and recycle components
from discarded vehicles, industrial equipment,
demolished buildings and other large items.
Sawmill
A portable machine used to cut logs into boards
and other wood products.
School
A development that is publicly supported and
involves public assembly for education, training
or instruction purposes, and includes dormitories
and the administration offices required for the
provision of such services on the same site.
Typical uses include, but are not limited to,
public and separate schools, community
colleges, universities, and technical and
vocational schools.
Screening
Without restricting the generality of the following,
means a row of trees, shrubs, earth berm or
fencing that provides visual screening and
separation and/or noise attenuation between
districts, lots, roadways, and sites, or between
them.
Security Suite
A dwelling that is secondary or accessory to the
principal industrial or commercial use on the
same lot, and is used for the purposes of
providing living accommodation for the owner,
operator or caretaker of the principal use.
Separator
An unfired apparatus specifically designed and
used for separating fluids produced from a well
into 2 or more streams, but does not include a
dehydrator.
Service Station
A facility for the service and repair of motor
vehicles and for the retail sale of gasoline,
lubricants, automotive accessories and
associated petroleum products.
Setback
The distance that a development or a specified
portion of it must be set back from a lot line. The
setback shall be measured perpendicularly from
the applicable front, rear or side lot line to any
portion of the building foundation.
Shelterbelt
A planted row of trees and/or shrubs, planted in
such a manner as to provide shelter from the
wind, to protect the soil from erosion, and to
screen a farmstead from a road or the rest of the
farm.
Sight Triangle
That triangle formed by a straight line drawn
between two points on the lot lines of a lot from
the point where the lot lines intersect, and where
visual obstructions, such as buildings, fences,
signs, trees, and haystacks are prohibited.
Sign
An object or
device
intended for
the purpose of
advertising or
calling
attention to
any person,
matter, thing
or event.
Sign, Fascia
A sign, the
back of
which is
attached to a
building wall.
Sign, Free
Standing
A sign that is supported independent of a
building, and may display copy for a tenant or
multiple tenants.
Site
1 or more lots or parcels for which an application
for a development permit is made.
Site Plan
A plan showing the boundaries of the site, the
location and use(s) or proposed use(s) of all
existing and proposed buildings upon the site,
the use(s) or the intended use(s) of the portions
of the site on which no buildings are situated,
and showing drainage, fencing, screening,
grassed areas, any fixtures and any other
significant features located on the site and
Fascia Sign
Freestanding Sign
Municipal District of Spirit River No. 133
Land Use Bylaw No. 11-2019
October 2019
Page 60
abutting public roadways, sidewalks and above
grade public utilities.
Solar Collector
A device used to collect sunlight that is part of a
system that converts radiant energy from the
sun into thermal or electrical energy for on-site
use. This use does not include a solar energy
facility.
Solar Energy Facility
A commercial facility that is designed to collect
sunlight and then generate, store and distribute
the converted energy for public consumption.
Sour Gas Facility
Any facility subject to approval by the Alberta
Energy Regulator, that extracts, produces,
processes, or transports sour gas including a
pipeline, battery or gas processing plant.
Statutory Plan
A municipal development plan, Intermunicipal
Development Plan, or area structure plan
prepared and adopted in accordance with the
Act.
Storage Yard
A secure, fenced, outdoor development where
goods or vehicles are stored for safekeeping or
future distribution and that excludes the storage
of goods hazardous to adjacent uses to the
satisfaction of the Development Authority.
Structural Alteration
Any development or construction, including a
renovation or addition to a building that affects
the structural integrity or access to or within a
building, but does not result in an increase to the
gross floor area of the building.
Structure
Anything constructed or erected on the ground,
or attached to something on the ground, and
includes all buildings.
Subdivision
The division of a parcel of land into one or more
smaller lots by a plan of subdivision or other
instrument.
Subdivision Authority
The designated person or persons responsible
for receiving, considering and deciding on
subdivision applications and any other related
duties pursuant to the Act, the Regulation and
this Bylaw.
"Temporary"
Refers to a development or use that has been
approved for a maximum of 1 year on a non-
permanent basis with a specified permit expiry
date.
Top of Bank
The upper valley break line or the line defining
the uppermost or most obvious topographic
discontinuity in slope distinguishing between the
upper plateau and the valley wall established
through a biophysical study, survey or both.
Topsoil
The depth of soil containing the major portion of
organic matter or the first 6 inches of soil on a lot
that is used for agricultural purposes.
Treater
A fired apparatus specifically designed and used
for separating gas and water from crude oil.
Trucking Operation
A development that may include facilities related
to transportation oriented business. This use
would normally require a large area to
accommodate the parking of large commercial
vehicles including tractor/trailer units. Typical
uses would include oilfield hauling of materials
and equipment, gravel haulers, water haulers,
heavy equipment transport.
Unsubdivided Quarter Section
A quarter section, lake lot, river lot or settlement
lot that has not been subdivided except for
public uses or fragmented parcels. In the case of
lands containing fragmented parcels, a quarter
section lake lot, river lot or settlement lot that
constitutes more than half of the area that was
constituted by that quarter section, lake lot, river
lot or settlement lot is considered unsubdivided.
Use
The purpose or activity for which a piece of land
or its buildings are designed, arranged,
developed or intended, or for which it is
occupied or maintained.
Variance
An alteration or change to a standard prescribed
by this Bylaw that is authorized by the Approving
Authority or the Board.
Municipal District of Spirit River No. 133
Land Use Bylaw No. 11-2019
October 2019
Page 61
Veterinary Clinic
A development for the purpose of medical
treatment of animals and may include retail
sales of associated products. This includes such
uses as impounding and quarantining facilities
and animal shelters, but does not include a
kennel or the sale of animals.
Warehouse
A building primarily for the keeping of goods and
merchandise, excluding dangerous or
hazardous materials or derelict vehicles, and
does not include a Cannabis Production Facility.
Water Body
Any of the following:
(a) the bed and shore of a lake, lagoon,
swamp, marsh, or any other natural body of
water, and /or
(b) a reservoir or other man-made surface
feature, whether it contains water
continuously or intermittently.
Watercourse
(a) The bed and shore of a river, stream, creek
or other natural body of water, and/or
(b) A canal, ditch or other man-made surface
feature whether or not it contains water
continuously or intermittently.
Well
An orifice in the ground completed or being
drilled for the production of oil or gas, for
injection to an underground formation, as an
evaluation well or test hole, or to or at a depth of
more than 150 m (X ft), for any purpose, but
does not include one to discover or evaluate a
solid inorganic mineral and that does not or will
not penetrate a stratum capable of containing a
pool or oil sands deposit.
Wind Energy Conversion System (WECS)
A development that converts wind energy into
electrical power. The following definitions pertain
to a WECS:
(a) "Blade" means the part of a WECS that
forms an aerodynamic surface and revolves
on contact with the wind;
(b) "Blade Clearance" means the minimum
distance from grade to the tip of the blade
when that tip is at the bottom of a full 360
degree revolution and pointed down to the
ground;
(c) "Horizontal Axis Nacelle" means a WECS
on which the axis of the nacelle is parallel
to the grade;
(d) "Nacelle" means the part of the WECS that
includes a generator, gearbox or yaw
motor, and other operating parts that is
installed at the top of the tower, and to
which the blades are attached, and is
responsible for converting wind power to
energy;
(e) "Total Height" means the distance from
grade to the tip of a blade when that tip is at
the top of a full 360 degree revolution and is
pointed up to the sky; and
(f)
"Tower" means the vertical structure that
supports the nacelle and the blade above
the ground.
Wind Energy Conversion System (WECS),
Small Scale
A single WECS developed to generate electrical
power for on-site consumption, either on or off-
grid, and may provide residual power to the grid
but is not intended to produce power for resale.
The system and supporting structure is less than
25 m (80 ft) in height.
Wind Farm
2 or more WECS on a lot or multiple contiguous
or non-contiguous lots and approved under a
single development permit or in phases under a
single development permit.
Work Camp
A residential complex used to house workers
from various contracting firms on a temporary
basis, and without restricting the generality of
the above, the camp is usually made up of a
number of mobile units, clustered in such
fashion as to provide sleeping, eating,
recreation, and other basic living facilities. The
units may be dismantled and removed from the
site from time to time.
Yard
A required open space unoccupied and
unobstructed by any structure or portion of a
structure above the general ground level of the
graded lot, unless otherwise permitted in this
Bylaw.
Yard, Exterior Side
A yard abutting a road, extending from the front
yard to the rear yard and situated between the
side lot line and the nearest exterior wall of the
principal building.
Yard, Front
That portion of land extending across the full
Municipal District of Spirit River No. 133
Land Use Bylaw No. 11-2019
October 2019
Page 62
width of a lot and situated between the front lot
line and nearest exterior wall of the principal
building.
Yard,
Interior
Side
A yard
adjacent
to a lot,
extending
from the
front yard
to the rear
yard and
situated
between
the side
lot line
and the nearest exterior wall of the principal
building.
Yard, Rear
That portion of land extending across the full
width of a lot from the rear lot line to the closest
wall of the principal building.
Yard, Side
A yard extending from the front yard to the rear
yard and situated between the side lot line and
the nearest exterior wall of the principal building.
Yards
Municipal District of Spirit River No. 133
Land Use Bylaw No. 11-2019
October 2019
Schedule A
SCHEDULE A
LUB DISTRICT MAPS
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Document: J:\15200\15247_Spirit_River_IDP_MDP_LUBs\02_CADD\25_GIS\251_Figures\Map_Booklet\15247_LUB_Map1_Overall_MD_SpiritRiver_191024.mxd
Date: 2019-10-24
Map 8
Map 3
Map 9
Map 6
Map 4
Map 7
Map 5
Map 2
1:130,000
MUNICIPAL DISTRICT OF SPIRIT
RIVER NO.133
LAND USE BYLAW
Scale
Schedule A
Bylaw No. 11-2019
LAND USE DISTRICT MAP No. 1
Map Updated: March 2019
Produced by ISL Engineeringa and Land Services LTd.
Compiled from Provincial Titles Mapping Digital Base,
Alberta Data Partnership.
NAD 1983 UTM 115
© Municipal District of Spirit River 2019 All Rights Reserved
Not to be copied in whole or in part.
AG1 Agriculture District
AR Agriculture Restricted District
CL Crown Land District
CR1 Country Residential 1 District
CR2 Country Residential 2 District
R Recreation District
RC Rural Commercial District
RI Rural Industrial District
DC Direct Control District
HD Highway Development District*
AVO Airport Vicinity Overlay
LAND USE DISTRICTS AND OVERLAYS
* District is available in the Land Use Bylaw but has not yet been applied
to any lands within the Municipal District.
Index Map
6
7
18
19
13
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Document: J:\15200\15247_Spirit_River_IDP_MDP_LUBs\02_CADD\25_GIS\251_Figures\Map_Booklet\15247_LUB_Map2_79_6_W6M_MD_SpiritRiver_191024.mxd
Date: 2019-10-24
Map 8
Map 3
Map 9
Map 6
Map 4
Map 7
Map 5
Map 2
1:45,000
MUNICIPAL DISTRICT OF SPIRIT
RIVER NO.133
LAND USE BYLAW
Scale
Schedule A
Bylaw No. 11-2019
LAND USE DISTRICT MAP No. 2
Map Updated: March 2019
Produced by ISL Engineeringa and Land Services LTd.
Compiled from Provincial Titles Mapping Digital Base,
Alberta Data Partnership.
NAD 1983 UTM 115
© Municipal District of Spirit River 2019 All Rights Reserved
Not to be copied in whole or in part.
AG1 Agriculture District
AR Agriculture Restricted District
CL Crown Land District
CR1 Country Residential 1 District
CR2 Country Residential 2 District
R Recreation District
RC Rural Commercial District
RI Rural Industrial District
DC Direct Control District
HD Highway Development District*
AVO Airport Vicinity Overlay
LAND USE DISTRICTS AND OVERLAYS
* District is available in the Land Use Bylaw but has not yet been applied
to any lands within the Municipal District.
Map No. 2: 79-6-W6
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Document: J:\15200\15247_Spirit_River_IDP_MDP_LUBs\02_CADD\25_GIS\251_Figures\Map_Booklet\15247_LUB_Map3_78_6_W6M_MD_SpiritRiver_191024.mxd
Date: 2019-10-24
Map 8
Map 3
Map 9
Map 6
Map 4
Map 7
Map 5
Map 2
1:40,000
MUNICIPAL DISTRICT OF SPIRIT
RIVER NO.133
LAND USE BYLAW
Scale
Schedule A
Bylaw No. 11-2019
LAND USE DISTRICT MAP No. 3
Map Updated: March 2019
Produced by ISL Engineeringa and Land Services LTd.
Compiled from Provincial Titles Mapping Digital Base,
Alberta Data Partnership.
NAD 1983 UTM 115
© Municipal District of Spirit River 2019 All Rights Reserved
Not to be copied in whole or in part.
AG1 Agriculture District
AR Agriculture Restricted District
CL Crown Land District
CR1 Country Residential 1 District
CR2 Country Residential 2 District
R Recreation District
RC Rural Commercial District
RI Rural Industrial District
DC Direct Control District
HD Highway Development District*
AVO Airport Vicinity Overlay
LAND USE DISTRICTS AND OVERLAYS
* District is available in the Land Use Bylaw but has not yet been applied
to any lands within the Municipal District.
Map No. 3: 78-6-W6
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78-6-W6
77-6-W6
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77-5-W6
Document: J:\15200\15247_Spirit_River_IDP_MDP_LUBs\02_CADD\25_GIS\251_Figures\Map_Booklet\15247_LUB_Map4_77_6_W6M_MD_SpiritRiver_191024.mxd
Date: 2019-10-24
Map 8
Map 3
Map 9
Map 6
Map 4
Map 7
Map 5
Map 2
1:40,000
MUNICIPAL DISTRICT OF SPIRIT
RIVER NO.133
LAND USE BYLAW
Scale
Schedule A
Bylaw No. 11-2019
LAND USE DISTRICT MAP No. 4
Map Updated: March 2019
Produced by ISL Engineeringa and Land Services LTd.
Compiled from Provincial Titles Mapping Digital Base,
Alberta Data Partnership.
NAD 1983 UTM 115
© Municipal District of Spirit River 2019 All Rights Reserved
Not to be copied in whole or in part.
AG1 Agriculture District
AR Agriculture Restricted District
CL Crown Land District
CR1 Country Residential 1 District
CR2 Country Residential 2 District
R Recreation District
RC Rural Commercial District
RI Rural Industrial District
DC Direct Control District
HD Highway Development District*
AVO Airport Vicinity Overlay
LAND USE DISTRICTS AND OVERLAYS
* District is available in the Land Use Bylaw but has not yet been applied
to any lands within the Municipal District.
Map No. 4: 77-6-W6
1
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79-6-W6
78-6-W6
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78-5-W6
79-4-W6
Document: J:\15200\15247_Spirit_River_IDP_MDP_LUBs\02_CADD\25_GIS\251_Figures\Map_Booklet\15247_LUB_Map5_79_5_W6M_MD_SpiritRiver_191024.mxd
Date: 2019-10-24
Map 8
Map 3
Map 9
Map 6
Map 4
Map 7
Map 5
Map 2
1:40,000
MUNICIPAL DISTRICT OF SPIRIT
RIVER NO.133
LAND USE BYLAW
Scale
Schedule A
Bylaw No. 11-2019
LAND USE DISTRICT MAP No. 5
Map Updated: March 2019
Produced by ISL Engineeringa and Land Services LTd.
Compiled from Provincial Titles Mapping Digital Base,
Alberta Data Partnership.
NAD 1983 UTM 115
© Municipal District of Spirit River 2019 All Rights Reserved
Not to be copied in whole or in part.
AG1 Agriculture District
AR Agriculture Restricted District
CL Crown Land District
CR1 Country Residential 1 District
CR2 Country Residential 2 District
R Recreation District
RC Rural Commercial District
RI Rural Industrial District
DC Direct Control District
HD Highway Development District*
AVO Airport Vicinity Overlay
LAND USE DISTRICTS AND OVERLAYS
* District is available in the Land Use Bylaw but has not yet been applied
to any lands within the Municipal District.
Map No. 5: 79-5-W6
1
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78-6-W6
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78-5-W6
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79-4-W6
78-4-W6
Document: J:\15200\15247_Spirit_River_IDP_MDP_LUBs\02_CADD\25_GIS\251_Figures\Map_Booklet\15247_LUB_Map6_78_5_W6M_MD_SpiritRiver_191024.mxd
Date: 2019-10-24
Map 8
Map 3
Map 9
Map 6
Map 4
Map 7
Map 5
Map 2
1:40,000
MUNICIPAL DISTRICT OF SPIRIT
RIVER NO.133
LAND USE BYLAW
Scale
Schedule A
Bylaw No. 11-2019
LAND USE DISTRICT MAP No. 6
Map Updated: March 2019
Produced by ISL Engineeringa and Land Services LTd.
Compiled from Provincial Titles Mapping Digital Base,
Alberta Data Partnership.
NAD 1983 UTM 115
© Municipal District of Spirit River 2019 All Rights Reserved
Not to be copied in whole or in part.
AG1 Agriculture District
AR Agriculture Restricted District
CL Crown Land District
CR1 Country Residential 1 District
CR2 Country Residential 2 District
R Recreation District
RC Rural Commercial District
RI Rural Industrial District
DC Direct Control District
HD Highway Development District*
AVO Airport Vicinity Overlay
LAND USE DISTRICTS AND OVERLAYS
* District is available in the Land Use Bylaw but has not yet been applied
to any lands within the Municipal District.
Map No. 6: 78-5-W6
1
2
3
4
5
6
7
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78-6-W6
77-6-W6
78-5-W6
77-5-W6
78-4-W6
Document: J:\15200\15247_Spirit_River_IDP_MDP_LUBs\02_CADD\25_GIS\251_Figures\Map_Booklet\15247_LUB_Map7_77_5_W6M_MD_SpiritRiver_191024.mxd
Date: 2019-10-24
Map 8
Map 3
Map 9
Map 6
Map 4
Map 7
Map 5
Map 2
1:40,000
MUNICIPAL DISTRICT OF SPIRIT
RIVER NO.133
LAND USE BYLAW
Scale
Schedule A
Bylaw No. 11-2019
LAND USE DISTRICT MAP No. 7
Map Updated: March 2019
Produced by ISL Engineeringa and Land Services LTd.
Compiled from Provincial Titles Mapping Digital Base,
Alberta Data Partnership.
NAD 1983 UTM 115
© Municipal District of Spirit River 2019 All Rights Reserved
Not to be copied in whole or in part.
AG1 Agriculture District
AR Agriculture Restricted District
CL Crown Land District
CR1 Country Residential 1 District
CR2 Country Residential 2 District
R Recreation District
RC Rural Commercial District
RI Rural Industrial District
DC Direct Control District
HD Highway Development District*
AVO Airport Vicinity Overlay
LAND USE DISTRICTS AND OVERLAYS
* District is available in the Land Use Bylaw but has not yet been applied
to any lands within the Municipal District.
Map No. 7: 77-5-W6
1
2
3
4
5
6
7
8
9
10
11
12
13
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16
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30
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79-5-W6
78-5-W6
79-4-W6
78-4-W6
Document: J:\15200\15247_Spirit_River_IDP_MDP_LUBs\02_CADD\25_GIS\251_Figures\Map_Booklet\15247_LUB_Map8_79_4_W6M_MD_SpiritRiver_191024.mxd
Date: 2019-10-24
Map 8
Map 3
Map 9
Map 6
Map 4
Map 7
Map 5
Map 2
1:40,000
MUNICIPAL DISTRICT OF SPIRIT
RIVER NO.133
LAND USE BYLAW
Scale
Schedule A
Bylaw No. 11-2019
LAND USE DISTRICT MAP No. 8
Map Updated: March 2019
Produced by ISL Engineeringa and Land Services LTd.
Compiled from Provincial Titles Mapping Digital Base,
Alberta Data Partnership.
NAD 1983 UTM 115
© Municipal District of Spirit River 2019 All Rights Reserved
Not to be copied in whole or in part.
AG1 Agriculture District
AR Agriculture Restricted District
CL Crown Land District
CR1 Country Residential 1 District
CR2 Country Residential 2 District
R Recreation District
RC Rural Commercial District
RI Rural Industrial District
DC Direct Control District
HD Highway Development District*
AVO Airport Vicinity Overlay
LAND USE DISTRICTS AND OVERLAYS
* District is available in the Land Use Bylaw but has not yet been applied
to any lands within the Municipal District.
Map No. 8: 79-4-W6
1
2
3
4
5
6
7
8
9
10
11
12
13
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16
17
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36
79-5-W6
78-5-W6
79-4-W6
78-4-W6
Document: J:\15200\15247_Spirit_River_IDP_MDP_LUBs\02_CADD\25_GIS\251_Figures\Map_Booklet\15247_LUB_Map9_78_4_W6M_MD_SpiritRiver_191024.mxd
Date: 2019-10-24
Map 8
Map 3
Map 9
Map 6
Map 4
Map 7
Map 5
Map 2
1:40,000
MUNICIPAL DISTRICT OF SPIRIT
RIVER NO.133
LAND USE BYLAW
Scale
Schedule A
Bylaw No. 11-2019
LAND USE DISTRICT MAP No. 9
Map Updated: March 2019
Produced by ISL Engineeringa and Land Services LTd.
Compiled from Provincial Titles Mapping Digital Base,
Alberta Data Partnership.
NAD 1983 UTM 115
© Municipal District of Spirit River 2019 All Rights Reserved
Not to be copied in whole or in part.
AG1 Agriculture District
AR Agriculture Restricted District
CL Crown Land District
CR1 Country Residential 1 District
CR2 Country Residential 2 District
R Recreation District
RC Rural Commercial District
RI Rural Industrial District
DC Direct Control District
HD Highway Development District*
AVO Airport Vicinity Overlay
LAND USE DISTRICTS AND OVERLAYS
* District is available in the Land Use Bylaw but has not yet been applied
to any lands within the Municipal District.
Map No. 9: 78-4-W6
Municipal District of Spirit River No. 133
Land Use Bylaw No. 11-2019
October 2019
Schedule B
SCHEDULE B
LAND USE BYLAW FORMS
Form A
Development Permit Application Form
Form B
Development Permit
Form C
Development Permit/Subdivision Time Extension
Form D
Notice of Development Permit Decision
Form E
Land Use Bylaw Amendment Application
Form F
Subdivision Application Form
Form G
Owner's Authorization
Form H
Right of Entry
Form I
Subdivision/Development Appeal Form
Municipal District of Spirit River No. 133
Land Use Bylaw No. 11-2019
October 2019
Schedule C
SCHEDULE C
LAND USE BYLAW AMENDMENTS
Bylaw No.
Description of Amendment