Municipal District of Taber Land Use Bylaw No. 2011 (March 2025, consolidated to Bylaw 2029, Feb 2026) — full text, Municipal District of Taber, Alberta

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Land Use Bylaw No. 2011 M D O F T A B E R www.mdtaber.ab.ca March 2025 Consolidated to Bylaw No. 2029, February 2026 Prepared by Oldman River Regional Services Commission MUNICIPAL DISTRICT OF TABER IN THE PROVINCE OF ALBERTA BYLAW NO. 2011 BEING a bylaw of the Municipal District of Taber in the Province of Alberta, to adopt a new Land Use Bylaw pursuant to section 640 of the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as amended; WHEREAS the municipality is required to pass a Land Use Bylaw in accordance with section 640(1) of the Municipal Government Act Revised Statutes of Alberta 2000, Chapter M-26, as amended; AND WHEREAS the Municipal District of Taber Council has determined a new land use bylaw is warranted due to the age of the current land use bylaw and the significant changes in the type and scope of development occurring in the municipality; AND WHEREAS the municipality wishes to achieve orderly, efficient and economic development of land while minimizing land use conflicts; AND WHEREAS THE PURPOSE of Bylaw No. 2011 is to: - divide the municipality into districts; - prescribe and regulate the use(s) for each district; - establish administrative requirements for processing subdivision and development applications, amendment of the Land Use Bylaw, and appeals; - establish the method of decision-making for development permit applications and issuance of development permits and decisions; - prescribe development standards and design criteria, including the number of dwelling units permitted on a parcel of land; - implement the Municipal Development Plan and other statutory plans of the municipality, as may be developed; and - comply with the provisions of the Municipal Government Act, RSA 2000, Chapter M-26, as amended. AND WHEREAS the municipality must prepare a corresponding bylaw and provide for its consideration at a public hearing. NOW THEREFORE, under the authority and subject to the provisions of the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as amended, the Council of the Municipal District of Taber in the Province of Alberta duly assembled does hereby enact the following: 1. Bylaw No. 1722, being the former Land Use Bylaw, and any amendments thereto, is hereby rescinded, except for Bylaws No. 1902, 1920, 1978, and2002 for Direct Control Districts which are deemed to continue in full force and effect and are incorporated into Bylaw No. 2011. 2. Bylaw No. 2011 shall come into effect upon third and final reading thereof. 3. Bylaw No. 201 1, being the Municipal District of Taber Land Use Bylaw, is hereby adopted READ a First time this 26th day of November,2024. READ a Second time, as amended, this 11th day of March, 2025. READ a Third time this 11th day of March, 2025. SIGNED and PASSED this 11th day of March, 2025. ln,mutl /f , u/tn4az/, ) Reeve /-J - Chief Administrative Officer Municipal District of Taber Land Use Bylaw No. 2011 Amendments - Page 1 Municipal District of Taber Land Use Bylaw No. 2011 - Amendments Bylaw No. Amendment Description Legal Description Passed 2018 "Hamlet Industrial - HI" to "Rural Agricultural - RA" Adjust Hamlet of Enchant Boundary Portion of Lot 1, Block 11, Plan 0712622 19-Aug-2025 2020 Correct the land use district heading titled "Rural Agriculture - RA" in Part 3, Section 4 to state "Rural Agricultural - RA", and the corresponding side bar tab. 14-July-2025 2024 "Rural Agricultural - RA" to "Private Commercial Recreation - PCR" Portion of Lot 3, Block 2, Plan 2010659 Within the E ½ of Sec. 30, Twp. 12, Rge. 16, W4M 12-Nov-2025 Update Appendix B - Fee Schedule 2026 Fee and Charges Bylaw No. 2025 27-Jan-2026 2029 Rural Agricultural - RA to Grouped Country Mixed-Use - GCM Block 1, Plan 9410733 within SE 1/4 23-10- 15-W4M 10-Feb-2026 T a b l e o f C o n t e n t s Municipal District of Taber Land Use Bylaw No. 2011 i TABLE OF CONTENTS PART 1: ADMINISTRATION PAGE 1 GENERAL PAGE 1 1 Title 1 2 Purpose 1 3 Applicability 1 4 Effective Date 1 5 Repeal of Former Bylaw 1 6 Severability 2 7 Compliance with the Land Use Bylaw 2 8 Compliance with Other Legislation 2 9 Rules of Interpretation 2 10 Measurements and Standards 3 11 Definitions 3 12 Forms, Notices, and Fees 3 13 Appendices 3 APPROVING AUTHORITIES PAGE 4 14 Development Authority 4 15 Subdivision Authority 4 16 Council 5 17 Subdivision and Development Appeal Board 5 DEVELOPMENT AND SUBDIVISION AUTHORITY - POWER AND DUTIES PAGE 6 18 Development Officer 6 19 Municipal Planning Commission 7 20 Variance (Wavier) to Bylaw Provisions 8 LAND USE DISTRICTS AND USES IN GENERAL PAGE 9 21 Land Use Districts and Uses 9 22 Similar Use 9 23 Temporary Use 9 24 Non-Conforming Buildings and Uses 10 T a b l e o f C o n t e n t s ii Municipal District of Taber Land Use Bylaw No. 2011 25 Non-Conforming Lots 11 GENERAL SUBDIVISION AND DEVELOPMENT LIMITATIONS PAGE 12 26 Number of Dwelling Units on a Parcel 12 27 Suitability of Sites 12 28 Minimum Distance Separation Calculations from Confined Feeding Operations 13 29 Approval for Encroachments Within Easements and Utility Rights-Of-Way 13 30 Architectural Controls 14 DEVELOPMENT AGREEMENTS AND SECURITY REQUIREMENTS PAGE 15 31 Development Agreements 15 32 Guaranteed Security as a Condition of Development Approval 15 DEVELOPMENT PERMIT REQUIREMENTS PAGE 17 33 Requirement for a Development Permit 17 34 Development Not Requiring a Development Permit 17 35 Development Permit Application Requirements 18 36 Determination of Complete Development Permit Application 19 37 Reapplication for a Development Permit 20 38 Failure to Make a Decision - Deemed Refused 20 DEVELOPMENT PERMIT PROCEDURES PAGE 21 39 Permitted Use Applications 21 40 Discretionary Use Applications and Any Applications 21 Requesting Variance to the Land Use Bylaw 41 Direct Control Applications 22 DEVELOPMENT PERMIT CONDITIONS PAGE 23 42 Conditions of Approval - Permitted Uses 23 43 Conditions of Approval - Discretionary Uses and Any Applications 24 Requesting Variance to the Land Use Bylaw 44 Conditions of Approval - Direct Control District 24 NOTIFICATION REQUIREMENTS PAGE 25 45 Development Hearing Notification Procedures 25 46 Notice of Decision 25 T a b l e o f C o n t e n t s Municipal District of Taber Land Use Bylaw No. 2011 iii COMMENCEMENT OF DEVELOPMENT AND DEVELOPMENT PERMIT VALIDITY PAGE 27 47 Commencement of Development 27 48 Development Permit Validity 27 49 Transferability of Development Permit 28 50 Suspension and Cancellation of a Development 28 51 Withdrawal of a Development Application or Permit Approval 29 52 Amendment of a Development Application or Permit Approval 29 SUBDIVISION PROCEDURES AND REQUIREMENTS PAGE 30 53 Subdivision Applications 30 54 Determination of a Complete Subdivision Application 30 55 Subdivision Policies 31 DEVELOPMENT AND SUBDIVISION APPEALS PAGE 32 56 Development Appeals 32 57 Subdivision Appeals 32 58 Filing a Development or Subdivision Appeal 32 ENFORCEMENT PAGE 34 59 Bylaw Compliance and Enforcement 34 60 Notice of Violation 35 61 Stop Orders 35 62 Enforcement of Stop Orders 35 63 Penalties 36 AMENDMENTS PAGE 37 64 Amendments to the Land Use Bylaw 37 65 Land use Redesignation Application Requirements 37 66 Textual Amendment Application Requirements 38 67 Rescinding Land Use Redesignation Amendment Bylaws 38 T a b l e o f C o n t e n t s iv Municipal District of Taber Land Use Bylaw No. 2011 PART 2: DEVELOPMENT NOT REQUIRING PAGE 41 A DEVELOPMENT PERMIT 1 General 41 2 Development Permit Exemptions Under Provincial and Federal Statutes 41 3 Development Permit Exemptions Under the Land Use Bylaw 42 PART 3: LAND USE DISTRICTS AND REGULATIONS PAGE 47 1 Establishing Land Use Districts 47 2 Land Use Districts Maps 47 3 Designated Hamlets and Localities Boundaries 48 4 Land Use District Regulations 48 49 55 59 63 69 75 79 83 87 91 95 99 101 103 Rural Agricultural - RA Rural/Urban Fringe - R/UF Grouped Rural Industrial - GRI Grouped Country Residential - GCR Grouped County Mixed-Use - GCM Rural Highway Commercial - RHC Private Commercial Recreation - PCR Hamlet Residential - HR Hamlet Commercial - HC Hamlet Industrial - HI Hamlet Public/Institutional - HP/I Hamlet Transitional/Agricultural - HT/A Locality of Retlaw - Direct Control - LR-DC Linear Parcel - Direct Control - LP-DC Direct Control - DC 105 PART 4: SITE AND SERVICING REQUIREMENTS PAGE 109 ACCESS REQUIREMENTS PAGE 109 1 Access to Public Roadways 109 2 Access to and Development Near Provincial Highways 110 3 Approaches and Driveways 110 T a b l e o f C o n t e n t s Municipal District of Taber Land Use Bylaw No. 2011 v PUBLIC ROADWAY SETBACKS AND INTERSECTION SIGHT TRIANGLE REQUIREMENTS PAGE 112 4 Setback from Public Roads - Rural 112 5 Setback from Local Internal Subdivision Roads - Rural 113 6 Setback from Public Roads Within Hamlets and Localities 113 7 Intersection Sight Triangle Setbacks - Rural 113 8 Intersection Sight Triangle Setbacks - Urban 116 OTHER SPECIFIC SETBACKS PAGE 117 9 Additional Yard Setbacks 117 10 Setbacks from Coulees, Steep Slopes, and Waterbodies 117 11 Setbacks from Irrigation Canals, Drains and Reservoirs 121 12 Setbacks from Landfills and Wastewater Treatment Plans 121 13 Setbacks from Sour Gas Facilities and Oil and Gas Pipelines and Wells 121 SERVICING REQUIREMENTS PAGE 122 14 Servicing Standards 122 PART 5: GENERAL STANDARDS OF DEVELOPMENT PAGE 125 GENERAL STANDARDS PAGE 125 1 Area Structure Plan and Conceptual Design Scheme Requirements 125 2 Design, Finish and Orientation of Buildings, Structures, and Signs 126 3 Demolition or Removal of Buildings or Structures 126 4 Development in Proximity of Hazard Lands, Contaminated 127 Lands and Environmentally Significant or Sensitive Lands 5 Drainage and Site Grading 127 6 Fences 128 7 Landscaping, Screening, and Buffering 129 8 Lighting 130 9 Outdoor Storage 130 10 Refuse Collection and Storage 130 OFF-STREET PARKING AND LOADINGS PAGE 131 11 Off-Street Parking and Loading Area Requirements - Rural Areas 131 12 Off-Street Parking and Loading Area Requirements - Urban Areas 131 T a b l e o f C o n t e n t s vi Municipal District of Taber Land Use Bylaw No. 2011 PART 6: USE-SPECIFIC STANDARDS OF DEVELOPMENT PAGE 135 USE SPECIFIC STANDARDS PAGE 135 1 Ancillary Buildings, Structures, and Uses 135 2 Anhydrous Ammonia Bulk Storage Facility 135 3 Animal Care and Boarding 135 4 Cannabis Production Facility, Cultivation, and Retail Store 136 5 Coverall/Fabric Buildings and Structures 137 6 Dugouts 138 7 Dwelling: Secondary Dwelling and Additional Dwellings/Dwelling Units 139 8 Dwelling: Site Built Dwellings 139 9 Dwellings: Prefabricated Dwellings 140 (Manufactured, Modular, and Ready-To-Move) 10 Dwelling: Moved-In Dwellings 141 11 Dwelling: Garden Suites 142 12 Dwelling: Secondary Suites 143 13 Employee Housing 143 14 Home Occupations 143 15 Manufactured Home Park 145 16 Meteorological (Met) Towers 145 17 Outdoor Storage 146 18 Personal Workshop and Storage Building 146 19 Residential Use of Agricultural and Other Non-Residential Buildings 147 20 Shipping Containers 147 21 Signs 150 22 Surveillance Suites 150 23 Antenna Systems Siting Protocol 151 (Telecommunication, Radiocommunication and Broadcasting Antenna Systems ) 24 Wind Energy Conversion Systems 151 25 Solar Energy Conversion Systems 151 26 Work Camp 151 T a b l e o f C o n t e n t s Municipal District of Taber Land Use Bylaw No. 2011 vii PART 7: SIGN STANDARDS PAGE 153 1 Purpose 153 2 Definitions 153 3 Sign Application Requirements 155 4 Signs Not Requiring a Permit 155 5 General Sign Standards 156 6 Specific Sign Limitations 157 7 Use Specific Sign Requirements 158 PART 8: WIND ENERGY CONVERSION SYSTEMS PAGE 161 1 Definitions 161 2 General Requirements 161 3 Decommissioning 164 4 Conditions of Approval for Multi-WECS 165 PART 9: SOLAR ENERGY SYSTEMS PAGE 167 1 Definitions 167 2 Solar Energy Systems Class A 167 3 Solar Energy Systems Class B 168 4 Solar Energy Systems Class C 169 5 Solar Energy System Decommissioning - Class B and Class C 172 6 Solar Energy Systems Conditions of Approval Class B and Class C 172 PART 10: ANTENNA SYSTEMS SITING PROTOCOL PAGE 175 (TELECOMMUNICATION, RADIOCOMMUNICATION, AND BROADCASTING ANTENNA SYSTEMS) 1 Purpose 175 2 Applicability 175 3 Municipal Review and Issuance of Concurrence or Non-Concurrence 176 4 Municipal Review Processing Period 177 5 Development and Design Standards 177 6 Application Submittal Requirements 179 7 Notification and Public Consultation Process 180 T a b l e o f C o n t e n t s viii Municipal District of Taber Land Use Bylaw No. 2011 PART 11: DEFINITIONS PAGE 181 PART 12: LAND USE DISTRICTS MAPS PAGE 209 APPENDICES Appendix A Applications Appendix B Fee Schedule Appendix C Subdivision and Development Authority and Appeal Board Bylaws M u n i c i p a l D i s t r i c t o f T a b e r L a n d U s e B y l a w N o . 2 0 1 1 PART 1 Administration P a r t 1 : A d m i n i s t r a t i o n Municipal District of Taber Land Use Bylaw No. 2011 1 MUNICIPAL DISTRICT OF TABER LAND USE BYLAW NO. 2011 PART 1: ADMINISTRATION GENERAL 1 TITLE 1.1 This Bylaw may be cited as the "Municipal District of Taber Land Use Bylaw", the "Land Use Bylaw", or "this Bylaw". 2 PURPOSE 2.1 In compliance with section 640 of the Municipal Government Act (MGA), this Bylaw regulates the use and development of land and buildings within the Municipal District of Taber to achieve orderly, efficient, and economic development of land. More specifically, the purpose of this Bylaw is to: (a) divide the municipality into districts; (b) prescribe and regulate the use(s) for each district; (c) establish administrative requirements for processing subdivision and development applications, amendment of the Land Use Bylaw, and appeals; (d) establish the method of decision-making for development permit applications and issuance of development permits and decisions; (e) prescribe development standards and design criteria, including the number of dwelling units permitted on a parcel of land; and (f) implement the Municipal Development Plan and other statutory plans of the municipality, as may be developed. 3 APPLICABILITY 3.1 The provisions of this Bylaw apply to all land within the boundaries of the Municipal District of Taber and no development shall hereafter be carried out within the boundaries of the municipality except in conformity with the provisions of this Bylaw. 4 EFFECTIVE DATE 4.1 This Bylaw shall come into effect upon third and final reading thereof. 5 REPEAL OF FORMER BYLAW 5.1 The Municipal District of Taber Land Use Bylaw No. 1722 and any amendments thereto are hereby repealed upon adoption of this Bylaw, with the exception of specified amending bylaws for Direct Control Districts which are hereby deemed to continue in full force and effect and are hereby incorporated into this Bylaw in whole as indicated in Part 3 Land Use Districts, Direct Control - DC. P a r t 1 : A d m i n i s t r a t i o n 2 Municipal District of Taber Land Use Bylaw No. 2011 2 Municipal District of Taber Land Use Bylaw No. 2011 6 SEVERABILITY 6.1 If any provision of this Bylaw is, for any reason, declared to be invalid by a decision of a court, all remaining provisions remain in full force and in effect. 7 COMPLIANCE WITH THE LAND USE BYLAW 7.1 Except as provided in Part 2 of this Bylaw (Development Not Requiring a Development Permit), no person shall commence a development unless they have been issued a development permit in respect of the development. 7.2 While a development permit may not be required pursuant to Part 2, development must otherwise comply with all applicable regulations of this Bylaw. 7.3 A person who develops land or a building in the municipality shall comply with: (a) the use or uses prescribed in Part 3 Land Use Districts and Regulations; (b) the applicable standards and requirements of development specified in Parts contained in this Bylaw; (c) any conditions attached to a development permit if one is required. 8 COMPLIANCE WITH OTHER LEGISLATION 8.1 It shall be the responsibility of any person undertaking development within the Municipal District of Taber to determine whether any other municipal, provincial, or federal legislation is applicable and for determining whether any easement, covenant, agreement, or contract affects the land or development. 8.2 Nothing in this Bylaw, including compliance with this Bylaw, exempts or relieves the duty or obligation of a person: (a) to determine and obtain any other permit, licence, or other authorization required by any act or regulation, or under any other bylaw; or (b) to determine and comply with the conditions of any easement, covenant, agreement, or contract affecting the building or land. 9 RULES OF INTERPRETATION 9.1 Unless otherwise required by the context, words used in the present tense include the future tense; words used in the singular include the plural; and the word person includes a corporation as well as an individual unless otherwise stipulated. The Interpretation Act, as amended, shall be used in the interpretation of this Bylaw. Words have the same meaning whether they are capitalized or not. 9.2 The written regulations of this Bylaw take precedence over any graphic or diagram if there is a perceived conflict. 9.3 The Land Use Districts Map takes precedence over any graphic or diagram in the district regulations if there is a perceived conflict. 9.4 Where a reference to another document or piece of legislation is made in this Bylaw, it is intended that the reference applies to and includes any amendments or a successor document or legislation that replaces the original. P a r t 1 : A d m i n i s t r a t i o n Municipal District of Taber Land Use Bylaw No. 2011 3 10 MEASUREMENTS AND STANDARDS 10.1 For the purpose of applying the standards of the Bylaw, the imperial measurement as specified in this Bylaw are applicable. The metric standards and conversions are provided for convenience and information only. Should there be a discrepancy between the metric and imperial units, the imperial standards prevail. 11 DEFINITIONS 11.1 As established in Part 11 Definitions. 12 FORMS, NOTICES, AND FEES 12.1 For the purpose of administering the provisions of this Bylaw, the Municipal District of Taber administration may prepare and use any such forms and notices as it may deem necessary. Any such forms and notices are deemed to have the full force and effect of this Bylaw in execution of the purpose for which they are designed, authorized, and issued. 12.2 For the purpose of administering the provisions of this Bylaw, Council may authorize by separate resolution or bylaw as may be applicable, any such fee schedules as it may deem necessary. Any such fee schedules are deemed to have the full force and effect of this Bylaw in execution of the purpose for which they are designed, authorized, and issued. 12.3 In any case, where a required fee is not listed in the fee schedule, such fee shall be determined by the Development Officer or other Approving Authority as assigned by Council and shall be consistent with those fees listed in the schedule for similar developments. 12.4 Refund or reduction of applicable fees requires approval of the Municipal Planning Commission in accordance with the Municipal District of Taber Subdivision and Development Authority Bylaw. 13 APPENDICES 13.1 Appendices A through C attached hereto, are for information purposes, and do not form part of this Bylaw but have the full force and effect of this Bylaw in execution of the purpose for which they are designed, authorized, and issued. The Appendices may be amended, updated, and/or altered independent of this Bylaw. P a r t 1 : A d m i n i s t r a t i o n 4 Municipal District of Taber Land Use Bylaw No. 2011 4 Municipal District of Taber Land Use Bylaw No. 2011 APPROVING AUTHORITIES 14 DEVELOPMENT AUTHORITY 14.1 The Development Authority is established by separate bylaw (see Appendix C) pursuant to the Municipal Government Act and for the purposes of this Bylaw is comprised of the Development Officer and the Municipal Planning Commission. 14.2 The Development Authority shall perform such powers and duties as are specified: (a) in the Municipal District of Taber Subdivision and Development Authority Bylaw; (b) in this Bylaw; (c) in the Municipal Government Act; (d) by resolution of Council, where applicable. 14.3 Where the term Development Authority is used or referenced within this Bylaw, the Development Officer and the Municipal Planning Commission are both authorized and either may perform the duty. Where the Development Officer or the Municipal Planning Commission are specifically named, the relevant provision applies specifically to that individual entity. 15 SUBDIVISION AUTHORITY 15.1 The Subdivision Authority is established by separate bylaw (see Appendix C) pursuant to the Municipal Government Act and for the purposes of this Bylaw is comprised of the Municipal Planning Commission. 15.2 The Subdivision Authority shall perform such powers and duties as are specified: (a) in the Municipal District of Taber Subdivision and Development Authority Bylaw; (b) in this Bylaw; (c) in the Municipal Government Act; (d) by resolution of Council, where applicable. 15.3 The Subdivision Authority may delegate, through any of the methods described in section 15.2, to any individual, municipal staff, or a regional services commission, any of its required functions or duties in the processing of subdivision applications. In respect of this: (a) the delegation of duties by the Subdivision Authority may include the authorized entity (designate) being responsible for determining the completeness of a submitted subdivision application; and (b) the Subdivision Authority designate is authorized to carry out the application process with subdivision applicants as described in the Subdivision Procedures and Requirements sections of this Bylaw, including the task of sending all required notifications to applicants as stipulated. P a r t 1 : A d m i n i s t r a t i o n Municipal District of Taber Land Use Bylaw No. 2011 5 16 COUNCIL 16.1 Council shall be responsible for considering and deciding upon development permit applications within any Direct Control district, except where the decision-making authority has been delegated to the Development Authority. 16.2 Council delegates to the Chief Administrative Officer the responsibility for considering and deciding upon requests for extension to the time period stipulated in section 657 of the Municipal Government Act within which an applicant granted subdivision approval must submit the plan of subdivision to the Subdivision Authority and register the plan with Land Titles. 17 SUBDIVISION AND DEVELOPMENT APPEAL BOARD 17.1 The Subdivision and Development Appeal Board (SDAB) is established by separate bylaw pursuant to the Municipal Government Act and may exercise such powers and duties as are specified in this Bylaw, the Municipal Government Act, and the Subdivision and Development Appeal Board Bylaw. P a r t 1 : A d m i n i s t r a t i o n 6 Municipal District of Taber Land Use Bylaw No. 2011 6 Municipal District of Taber Land Use Bylaw No. 2011 DEVELOPMENT AND SUBDIVISION AUTHORITY - POWERS AND DUTIES 18 DEVELOPMENT OFFICER 18.1 The office of the Development Officer is hereby established, and such office shall be filled by one or more persons as appointed by resolution of Council or as appointed by the Chief Administrative Officer (CAO) where such authority has been delegated to the CAO. 18.2 In the absence of the appointed Development Officer(s), the following are authorized to act in the capacity of Development Officer: (a) Municipal Planning Commission; (b) Chief Administrative Officer; (c) a designate(s) in accordance with the Municipal Government Act. 18.3 The Development Officer is an authorized Designated Officer for the purposes of carrying out: (a) the duties and responsibilities specified in this Bylaw; (b) municipal inspections and enforcement in accordance with section 542 of the Municipal Government Act (MGA); (c) order to remedy bylaw contraventions in accordance with section 545 of the MGA; (d) order to remedy dangers and unsightly property in accordance with section 546 of the MGA; (e) certification requirements for advertising in accordance with section 606 of the MGA; (f) signature evidence in accordance with section 630 of the MGA. 18.4 The Development Officer shall be responsible for: (a) generally advising the public with respect to the standards and requirements of this Bylaw and other pertinent land use regulations or municipal development requirements; (b) receiving and processing all applications for development permits and determining whether a development permit application is complete in accordance with this Bylaw; (c) maintaining a register of the development applications received and the decisions made on the applications; (d) referring all development applications in a Direct Control district to Council for a decision, unless Council has specifically delegated approval authority to the Development Authority; (e) notifying adjacent landowners and any persons who are likely to be affected by a proposed development in accordance with this Bylaw; (f) receiving, reviewing, and referring any applications to amend this Bylaw to Council; P a r t 1 : A d m i n i s t r a t i o n Municipal District of Taber Land Use Bylaw No. 2011 7 (g) issuing the written notice of decision and/or development permit on all development permit applications and any other notices, decisions or orders in accordance with this Bylaw; (h) providing a report to the Municipal Planning Commission summarizing the applications made for permitted use development permits and the decision made on the applications, and any other information as the Development Authority considers necessary; (i) considering and deciding on "permitted use" applications that comply with this Bylaw and "permitted use" applications on existing registered lots that do not meet the minimum dimensional standards of this Bylaw; (j) approving a temporary portable sign in accordance with Part 7 Sign Standards, section 7.5; (k) approving Home Occupation Class A and B annual renewals; (l) issuing decisions for requests to extend the validity of a development permit for which the Development Officer has been assigned authority in accordance with Section 48 Development Permit Validity; (m) processing and deciding upon condominium certificates; (n) responding to intermunicipal referrals; (o) issuing warning letters and Notices of Violation; (p) issuing Stop Orders; (q) performing any other powers and duties as are specified in this Bylaw, the Subdivision and Development Authority Bylaw, the Municipal Government Act, or by resolution of Council. 18.5 Notwithstanding section 18.4, the Development Officer may refer any development permit application, any other duty assigned in section 18.4, and any planning and development matters to the Municipal Planning Commission for review, comment, recommendation, and/or decision. 19 MUNICIPAL PLANNING COMMISSION 19.1 The Municipal Planning Commission shall be responsible for: (a) considering and deciding upon development permit applications for: (i) discretionary uses; (ii) development that does not comply with the provisions of this Bylaw in accordance with Section 20 Variance (Waiver) to Bylaw Provisions; (iii) any development permit application referred to it by the Development Officer requesting a decision of the Municipal Planning Commission. (b) providing comment, recommendations, or a decision on matters referred to it by the Development Officer or Council; (c) considering and deciding upon requests for time extensions on development permit applications for which the Development Officer has not been assigned authority; P a r t 1 : A d m i n i s t r a t i o n 8 Municipal District of Taber Land Use Bylaw No. 2011 8 Municipal District of Taber Land Use Bylaw No. 2011 (d) considering and deciding upon applications for subdivision approval; (e) any other powers and duties as are specified in this Bylaw, the Subdivision and Development Authority Bylaw, the Municipal Government Act, or by resolution of Council. 20 VARIANCE (WAIVER) TO BYLAW PROVISIONS 20.1 The Municipal Planning Commission, subject to sections 20.2 and 20.3, is authorized to decide on an application for a development permit even though the proposed development does not comply with this Bylaw if, in the opinion of the Municipal Planning Commission: (a) the proposed development would not: (i) unduly interfere with the amenities of the neighbourhood; or (ii) materially interfere with or affect the use, enjoyment or value of neighbouring parcels of land; and (b) the proposed development conforms with the use prescribed for that land or building in this Bylaw. 20.2 The Municipal Planning Commission is authorized to approve variances (waivers) to provisions prescribed within this Bylaw without limitation in accordance with section 20.1 upon consideration of section 20.3. 20.3 In exercising its authority under this section, the Municipal Planning Commission should have regard to: (a) the general purpose and intent of the district; (b) future land use and transportation networks; (c) applicable policies of the Municipal Development Plan and any other applicable statutory plan; (d) whether there are circumstances of undue hardship or practical difficulties particular to the use, character of situation of land or building which are not generally common to other land in the same land use district that would warrant approval; (e) any other matters the Development Authority considers applicable. P a r t 1 : A d m i n i s t r a t i o n Municipal District of Taber Land Use Bylaw No. 2011 9 LAND USE DISTRICTS AND USES IN GENERAL 21 LAND USE DISTRICTS AND USES 21.1 The Municipal District of Taber is divided into those land use districts specified in Part 3 Land Use Districts and Regulations and shown on the Land Use Districts Maps in Part 12. 21.2 Part 3 Land Use Districts and Regulations specifies the one or more uses of land or buildings that are: (a) permitted in each land use district with or without conditions; and/or (b) discretionary in each land use district with or without conditions; and/or (c) prohibited in each land use district. 21.3 A use not listed as a permitted or discretionary use in a district in Part 3 Land Use Districts and Regulations, but which is reasonably similar in character and purpose to a permitted or discretionary use in that district may be deemed a similar use by the Development Authority in accordance with Section 22 Similar Use. 21.4 A use not listed as a permitted or discretionary use in Part 3 Land Use Districts and Regulations or deemed a similar use in the district in which it is proposed in accordance with Section 22 Similar Use is a prohibited use and shall be refused. 21.5 Notwithstanding sections 21.3 and 21.4, the cultivation and grazing of land defined as Extensive Agriculture in this Bylaw and Primary Agricultural Operations as defined in this Bylaw are permitted in the Rural Agricultural and Rural/Urban Fringe land use districts. 22 SIMILAR USE 22.1 The Municipal Planning Commission may approve a proposed use not specifically listed in a land use district, if in the opinion of the Municipal Planning Commission, the proposed use is similar in character and purpose to a permitted or discretionary use listed within the district in which the use is proposed. 22.2 Where a use has been classified similar to a permitted or discretionary use, the development application shall be classified as a discretionary use and processed as a discretionary use in accordance with Section 40 Discretionary Use Applications and Any Applications Requesting Variance to the Land Use Bylaw. 22.3 Where a use is not listed in a land use district as either discretionary or permitted and is not deemed similar in nature in accordance with Section 22 Similar Use, the use shall be deemed prohibited in accordance with section 21.4, and the development permit application shall be refused. 23 TEMPORARY USE 23.1 The Development Authority may issue a temporary development permit for any permitted, discretionary, or similar use development within a land use district if: (a) the proposed development is determined by the Development Authority to be of a temporary nature; or P a r t 1 : A d m i n i s t r a t i o n 10 Municipal District of Taber Land Use Bylaw No. 2011 10 Municipal District of Taber Land Use Bylaw No. 2011 (b) the Development Authority wants to ensure the suitability or compatibility of a development prior to allowing the development on a permanent basis; or (c) the Development Authority wants to ensure that the development authorized by the permit will cease by a specified date or will not continue indefinitely. 23.2 The Development Authority may issue a temporary development permit under section 23.1 valid for a period of time determined by the Development Authority but not to exceed 12 months. 23.3 An applicant may reapply for a temporary development permit in advance of, or at the expiration of the temporary permit, and at the discretion of the Municipal Planning Commission, it may approve a subsequent temporary development permit in accordance with this Section. The maximum number of subsequent temporary development permits approved is at the discretion of the Municipal Planning Commission but shall not exceed a period of 5 years. 23.4 Temporary development permits: (a) shall be subject to the condition that the applicant and/or landowner is liable for any costs involved in the cessation or removal of any development at the expiration of the permitted period; and (b) may be subject to the following additional conditions: (i) the Development Authority may require the applicant and/or landowner to submit an irrevocable letter of credit, performance bond or other form of security acceptable to the Development Authority guaranteeing the cessation or removal of the temporary use; and (ii) any other conditions deemed necessary. 24 NON-CONFORMING BUILDINGS AND USES 24.1 A non-conforming building or use may only be continued in accordance with the provisions in section 643 of the Municipal Government Act. 24.2 The Municipal Planning Commission is authorized to exercise minor variance powers with respect to non-conforming buildings pursuant to section 643(5)(c) of the Municipal Government Act where, in the opinion of the Municipal Planning Commission, the development is: (a) minor in nature; (b) consistent with the general character of the area; (c) does not unduly interfere with the amenities of the neighbourhood or materially interfere with or affect the use, enjoyment or value of neighbouring parcels of land. 24.3 Any uncertainty regarding the interpretation and application of section 24.1 shall be referred to the Municipal Planning Commission for interpretation and a decision. P a r t 1 : A d m i n i s t r a t i o n Municipal District of Taber Land Use Bylaw No. 2011 11 25 NON-CONFORMING LOTS 25.1 Development on an existing registered lot or parcel that does not conform with the minimum requirements for lot length, width, or area specified in the applicable land use district in Part 3 Land Use District and Regulations may be approved at the discretion of the Development Authority. P a r t 1 : A d m i n i s t r a t i o n 12 Municipal District of Taber Land Use Bylaw No. 2011 12 Municipal District of Taber Land Use Bylaw No. 2011 GENERAL SUBDIVISION AND DEVELOPMENT LIMITATIONS 26 NUMBER OF DWELLING UNITS ON A PARCEL 26.1 The maximum number of dwelling units per parcel of land is as regulated through the applicable land use district and associated use specific standards of development of this Bylaw. 26.2 No person shall construct or locate, or cause to be constructed or located, more than one dwelling unit on a parcel except as provided in the land use district for which the application is made and authorized by the Development Authority through issuance of a development permit for a use that allows for more than one dwelling (e.g., Secondary Single-detached Dwelling, Secondary Dwelling and Additional Dwelling Units, Duplex, Multi-unit Dwelling, Row or Townhouse, Secondary Suite, Garden Suite, Employee Housing) in accordance with the provisions of this Bylaw. 27 SUITABILITY OF SITES 27.1 Notwithstanding that use of land may be permitted or discretionary or considered similar in nature to a permitted or discretionary use in a land use district, the Subdivision Authority or Development Authority, as applicable, may refuse to approve a subdivision or refuse to issue a development permit if, in the Authority's opinion, the site of the proposed subdivision, building, or use is not safe or suitable based on any or all of the following: (a) does not have legal and physical access to a developed, maintained, public road in accordance with municipal requirements or those of Alberta Transportation if within provincial jurisdiction; (b) creates a situation where vehicular or non-vehicular traffic safety may be impacted; (c) has soils and/or subsurface conditions including but not limited to a high-water table, which makes the site unsuitable for foundations and/or sewage disposal systems, or development or subdivision generally; (d) is situated on an unstable slope; (e) consists of unconsolidated material unsuitable for building; (f) is situated in an area which may be prone to flooding, subsidence, or erosion; (g) does not comply with the requirements of the Municipal Government Act, South Saskatchewan Regional Plan, Provincial Land Use Policies, Matters Related to Subdivision and Development Regulation, Municipal Development Plan, applicable Intermunicipal Development Plan, applicable Area Structure Plan, Conceptual Design Scheme, or any other applicable Statutory Plan. (h) is situated over an active or abandoned coal mine, or oil and gas well or pipeline; (i) would expose the structure itself and/or people living and working there to risk from the operations of a nearby airstrip; (j) is unsafe due to contamination by previous land uses; (k) has an inadequate or unsafe water supply; P a r t 1 : A d m i n i s t r a t i o n Municipal District of Taber Land Use Bylaw No. 2011 13 (l) has an inadequate means of wastewater (sewage) disposal; (m) does not have an adequate means of stormwater disposal; (n) is incompatible with existing and approved uses of surrounding land; (o) is situated within an environmentally significant area or environmentally sensitive area; (p) is situated closer to a confined feeding operation than the minimum distance separation recommended by the formulas established in the Agricultural Operation Practices Act; (q) does not meet the lot size and/or setback requirements, or any other applicable standards and requirements of this Bylaw; (r) does not meet minimum setback requirements from a gas well or pipeline, or anhydrous ammonia bulk storage facility; (s) is located within a future road right-of-way or road alignment; (t) would prevent or interfere with the natural and economic extension of a nearby developed area, a coal mine, an oil or gas field, a sewage treatment plant, a waste disposal or transfer site, a gravel pit, a pipeline, or a road system; (u) is subject to any easement, caveat, restrictive covenant, or other registered encumbrance which makes it impossible to build on a site; (v) any other matters deemed relevant by the Development Authority. 27.2 Nothing in this section shall prevent the Subdivision Authority or Development Authority from approving a subdivision or from issuing a development permit if the Authority is satisfied that there is no risk to persons or property or that these concerns will be met by appropriate engineering measures or other mitigating measures. 28 MINIMUM DISTANCE SEPARATION CALCULATIONS FROM CONFINED FEEDING OPERATIONS 28.1 For the purposes of this Bylaw, unless specified otherwise, all minimum distance separation calculations that apply between residential uses and neighbouring Confined Feeding Operations shall be consistent with the processes and formulas established in the Agricultural Operation Practices Act (AOPA). Relaxations or waivers of the application of the minimum distance separation may be considered by Municipal Planning Commission in circumstances as outlined in the Bylaw, the applicable land use district, or the applicable subdivision criteria. 29 APPROVAL FOR ENCROACHMENTS WITHIN EASEMENTS AND UTILITY RIGHTS-OF-WAY 29.1 Prior to submitting a development permit application to the municipality, it is the applicant's responsibility for determining any easements or utility rights-of-way registered on title, including those of the MD of Taber and obtaining written permission from the applicable easement or utility right-of-way holder authorizing any proposed development within the easement or utility right-of-way. The Development Authority may require a copy of the written permission as a submittal requirement for a development permit application. P a r t 1 : A d m i n i s t r a t i o n 14 Municipal District of Taber Land Use Bylaw No. 2011 14 Municipal District of Taber Land Use Bylaw No. 2011 29.2 In situations where a development may be exempt from obtaining a development permit, the landowner or developer is still required to obtain permission from the applicable easement or utility right-of-way holder, including those of the MD of Taber, authorizing the improvement or structure that may be located over an easement or utility right-of- way. 29.3 Notwithstanding section 29.1 and 29.2, the municipality, at their prerogative, may deny the placement of structures or improvements over an easement or utility right-of-way and may also order the removal or relocation of such. 30 ARCHITECTURAL CONTROLS 30.1 The Development Authority, Subdivision Authority, or Council on a bylaw redesignation, area structure plan bylaw, subdivision, or development application: (a) may require architectural control guidelines to be submitted for review and approval by the municipality prior to subsequently being registered on title; and (b) may stipulate specific development standards, land, or building restrictions to be applied or included in the covenants. 30.2 The municipality shall not be held responsible for private covenants with regard to the enforcement of any applicable architectural controls or other requirements. P a r t 1 : A d m i n i s t r a t i o n Municipal District of Taber Land Use Bylaw No. 2011 15 DEVELOPMENT AGREEMENTS AND SECURITY REQUIREMENTS 31 DEVELOPMENT AGREEMENTS 31.1 The Development Authority may require, with respect to a development that as a condition of issuing any development permit, the applicant enter into an agreement with the municipality, pursuant to section 650(1) of the Municipal Government Act, to do any or all of the following: (a) to construct or pay for the construction of a road required to give access to the development; (b) to construct or pay for the construction of a pedestrian walkway system to serve the development and/or connect with existing or proposed pedestrian walkway systems that serves or is proposed to serve an adjacent development; (c) to install or pay for the installation of public utilities, other than telecommunication systems or works, that are necessary to serve the development, whether or not the public utility is, or will be, located on the land that is the subject of the development; (d) to construct or pay for the construction of off-street or other parking facilities, and/or loading and unloading facilities; (e) to pay an off-site levy or redevelopment levy; (f) to give security to ensure that the terms of the agreement under this section are carried out. 31.2 The Subdivision Authority may require, with respect to a subdivision that as a condition of issuing an approval for subdivision, the applicant enter into an agreement with the municipality, pursuant to section 655(1)(b) of the Municipal Government Act. 31.3 An agreement referred to in this section may require the applicant for a development permit or subdivision approval to oversize improvements in accordance with section 651 of the Municipal Government Act. 31.4 The municipality may register a caveat under the Land Titles Act with respect to an agreement under this section against the Certificate of Title for the land that is the subject of the development, or for the parcel of land that is subject of the subdivision. 31.5 If the municipality registers a caveat under this section, the municipality must discharge the caveat when the agreement has been complied with. 32 GUARANTEED SECURITY AS A CONDITION OF DEVELOPMENT APPROVAL 32.1 The Development Authority may require the applicant to provide guaranteed security as a condition of issuing any development permit to ensure completion of the development and any conditions of the permit are met. The guaranteed security must be in a form and manner acceptable to the municipality, either cash, an irrevocable letter of credit, or other acceptable security. The security condition under this section is separate from and may be in addition to any security that may be required under sections 31.1(f) and 31.2. P a r t 1 : A d m i n i s t r a t i o n 16 Municipal District of Taber Land Use Bylaw No. 2011 16 Municipal District of Taber Land Use Bylaw No. 2011 32.2 Prior to issuance of a decision where guaranteed security is to be required, the applicant may be required to submit a cost estimate for carrying out the proposed development, including potential remediation costs. The Development Authority will consider the cost estimate in determining the amount of security but is authorized the discretion in determining and stipulating the acceptable amount of required security, unless specified otherwise in this Bylaw. 32.3 The municipality will hold the guaranteed security, without interest payable, until the development has been completed, including any attached conditions and any applicable warranty periods, to the satisfaction of the Development Authority or their designate(s). 32.4 The Development Authority or their designate(s) has the sole discretion to authorize the release of such funds, only when it has been suitably demonstrated to their satisfaction that the development and any conditions, including applicable warranty periods, have been completed to the requirements and standards of the municipality. Within 120 days from the date a guaranteed security is authorized for release, the security will be released to the applicant/developer. 32.5 In the event that the development, including any attached conditions and warranty periods, is not completed to the satisfaction of the Development Authority or their designate(s) in accordance with the terms of the development permit, the municipality is entitled to draw on the guaranteed security, sufficient funds to undertake the activities necessary to complete the outstanding items of the development. P a r t 1 : A d m i n i s t r a t i o n Municipal District of Taber Land Use Bylaw No. 2011 17 DEVELOPMENT PERMIT REQUIREMENTS 33 REQUIREMENT FOR A DEVELOPMENT PERMIT 33.1 Except as provided in Part 2 Development Not Requiring a Development Permit, no development, including a change or intensification of use, shall be commenced unless a development permit application has been approved, a development permit issued, and the development is in accordance with the terms and conditions of a development permit issued pursuant to this Bylaw. 33.2 In addition to meeting the requirements of this Bylaw, it is the responsibility of the applicant to ascertain, obtain, and comply with all other approvals, registrations, authorizations, and licenses that may be required by other federal, provincial, or municipal regulatory departments or agencies. 33.3 When any use, excepting non-conforming uses regulated in accordance with section 643(2) of the Municipal Government Act, has been discontinued for a period of 12 months or more, any development permit that may have been issued is no longer valid and development may not be recommenced until a new application for a development permit has been approved and a development permit issued. 33.4 Any development that results in or is likely to result in a change of use or an act done in relation to land or a building that result in or is likely to result in a change in the intensity of use of the land or building, including a change of use or intensity to an approved development permit, shall not be commenced until a new development permit application has been approved and a development permit issued. 33.5 Except as provided in Section 52 Amendment of a Development Application or Permit Approval, any amendment to an approved development permit requires a new development permit application and approval. 33.6 In a circumstance where it is unclear whether a development permit is required for a development and the Development Officer is uncertain about such a determination, the matter will be referred to the Municipal Planning Commission for a determination. 34 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT 34.1 Certain developments have been exempted by the municipality from the requirement of obtaining development permits, provided they comply with all other provisions of this Bylaw. The developments exempted under this section are prescribed in Part 2 Development Not Requiring a Development Permit. 34.2 Despite that a development may not require a development permit in accordance with section 34.1, this section does not negate the responsibility and requirement of the landowner to obtain all required permits and approvals, as applicable, under the Safety Codes Act and any other municipal, provincial, or federal statute, including permits required by Alberta Transportation. 34.3 If there is uncertainty as to whether a development permit is required, the Development Authority may request that a development permit application be submitted. P a r t 1 : A d m i n i s t r a t i o n 18 Municipal District of Taber Land Use Bylaw No. 2011 18 Municipal District of Taber Land Use Bylaw No. 2011 35 DEVELOPMENT PERMIT APPLICATION REQUIREMENTS 35.1 An application for a development permit may be made by the registered owner of the land on which the development is proposed or, with written authorization of the registered owner, any other person. 35.2 An application for a development permit is made by submitting to the Development Officer the following, which must be of a quality and content determined adequate by the Development Officer to properly evaluate the application: (a) a completed development application, signed by the registered owner or authorized by the owner pursuant to section 35.1, or proof of title transfer pending registration by the Land Titles Office; (b) the prescribed application fee, in accordance with the municipality's fee schedule; (c) a description of the existing and proposed use of the land, building(s) and/or structures and whether it is a new development, an alteration/addition, relocation or change of use and whether the use is temporary in nature, including any proposed phasing of development; (d) if a variance to this Bylaw is being requested, a statement explaining the reason for the requested variance; (e) for parcels where architectural controls are registered and architectural control compliance verification is required, documentation that the proposal meets the applicable architectural controls; (f) an accurate and legible site plan acceptable to the Development Officer identifying, as applicable: (i) location of existing and proposed buildings and structures and any registered easements or utility rights-of-way, dimensioned to property lines; (ii) location of existing and proposed utilities and service connections including private sewage disposal systems and water sources; (iii) location of existing oil and gas wells; (iv) location of existing and proposed approaches, driveways, parking and loading areas, abutting roads and lanes, including undeveloped road allowances; (v) any notable topographic features, including wetlands, watercourses, steep slopes, and depressions; and (vi) any other information prescribed in the development application form. (g) Documentation from the Alberta Energy Regulator identifying the presence or absence of abandoned oil and gas wells as required by the Matters Related to Subdivision and Development Regulation, including a professionally prepared plot plan that shows the actual well location(s) in relation to existing and proposed building site(s) and the minimum setback requirement if abandoned oil and gas well(s) are present; (h) any additional information as may be stipulated in the development standards or use-specific standards; P a r t 1 : A d m i n i s t r a t i o n Municipal District of Taber Land Use Bylaw No. 2011 19 (i) any additional information as may be required in accordance with an adopted Intermunicipal Development Plan, Municipal District of Taber Municipal Development Plan, Area Structure Plan, or other adopted statutory plan; and (j) any such other information as may be required at the discretion of the Development Authority to accurately evaluate an application, determine compliance with the Land Use Bylaw, and/or other government regulations, including but not limited to: conceptual design schemes, landscaping plans, building and floor plans, stormwater management plans/drainage plans, grading plans, servicing and infrastructure plans, soils analysis, septic feasibility, geotechnical reports and/or other reports regarding site suitability, Real Property Report or a surveyors sketch, elevations, traffic studies, and environmental impact assessment. 35.3 The Development Authority may require any or all of the information submitted for a development permit application to be professionally prepared. 35.4 The Development Authority may require the applicant to submit a current Certificate of Title, no older than 30 days, including copies of any registered encumbrance, lien, or interest registered on title. 35.5 Despite the requirements stipulated in section 35.2, the Development Authority is authorized to exercise discretion in determining the extent of information required to be submitted for a development permit application and the Development Officer may accept an application which does not include all the information prescribed in section 35.2 upon having regard to section 36.4. 36 DETERMINATION OF COMPLETE DEVELOPMENT PERMIT APPLICATION 36.1 The Development Officer shall, within 20 days after the receipt of an application in accordance with Section 35 Development Permit Application Requirements for a development permit, determine whether the application is complete for processing purposes. 36.2 The Development Officer may refer an application to the Municipal Planning Commission for a determination of completeness. 36.3 The time period referred to in section 36.1 may be extended by an agreement in writing between the applicant and the Development Officer. 36.4 An application is complete for processing purposes if, in the opinion of the Development Officer, or the Municipal Planning Commission where an application has been referred under section 36.2, the application, documents and other information necessary are adequate to review the application. 36.5 If an application is determined to be complete for processing purposes within the time period prescribed in section 36.1 or 36.3, the Development Officer will note the date of completeness on the application form, which serves as acknowledgement to the applicant that the submitted application is complete. 36.6 If a determination has not been made within the time required under section 36.1 or 36.3, the application is deemed to be complete for processing purposes. P a r t 1 : A d m i n i s t r a t i o n 20 Municipal District of Taber Land Use Bylaw No. 2011 20 Municipal District of Taber Land Use Bylaw No. 2011 36.7 If the application is determined to be incomplete, the Development Officer shall issue to the applicant a written notice stating the application is incomplete and specifying the outstanding documents and information to be provided, including but not limited to those required in Section 35 Development Permit Application Requirements. A submittal deadline for the outstanding documents and information shall be set out in the notice for the application to be considered complete. A later date may be agreed on between the applicant and the Development Officer in writing to extend the submittal deadline. 36.8 If the documents and information submitted under section 36.7 are determined to be complete, the Development Officer shall issue to the applicant a written Notice of Completeness acknowledging that the application is complete, delivered by hand, mail, or electronic means. 36.9 If the required documents and information under section 36.7 have not been submitted to the Development Officer within the timeframe prescribed in the notice issued under section 36.7, the Development Officer shall return the application to the applicant accompanied by a written Notice of Refusal stating the application is deemed refused, the reason(s) for refusal, and the required information on filing an appeal. 36.10 Despite determination of a complete application under section 36.5 or 36.6 or issuance of a Notice of Completeness under section 36.8, the Development Authority, in the course of reviewing the application may request additional information or documentation from the applicant that the Development Authority considers necessary to review the application. 37 REAPPLICATION FOR A DEVELOPMENT PERMIT 37.1 If an application for a development permit is refused by the Development Authority or on appeal, the submission of another application for a development permit on the same parcel of land for the same or similar use may not be accepted by the Development Officer for at least six (6) months after the date of refusal, unless authorized by the Municipal Planning Commission. 37.2 If an application was refused solely because it did not comply with the standards of this Bylaw, or was refused as an incomplete application under Section 36 Determination of Complete Development Permit Application, the Development Officer may accept a new application on the same parcel of land for the same or similar use before the time period referred to in section 37.1 has lapsed, provided the application has been modified to comply with this Bylaw. 38 FAILURE TO MAKE A DECISION - DEEMED REFUSED 38.1 In accordance with section 684 of the Municipal Government Act, an application for a development permit is, at the option of the applicant, deemed to be refused and may be appealed when the decision of the Development Authority is not made within 40 days after the acknowledgement of a complete application under Section 36 Determination of Complete Development Application, unless the applicant has entered into an agreement with the Development Authority to extend the 40-day decision period. 38.2 The 40-day time period referred to in section 38.1 may be extended by an agreement in writing between the applicant and the Development Authority. 38.3 Section 38.1 does not apply in the case of a development application deemed to be refused under section 36.9. P a r t 1 : A d m i n i s t r a t i o n Municipal District of Taber Land Use Bylaw No. 2011 21 DEVELOPMENT PERMIT PROCEDURES 39 PERMITTED USE APPLICATIONS 39.1 Upon processing a completed application for a development permit for a permitted use that conforms with this Bylaw, the Development Officer: (a) shall issue a development permit without or with conditions pursuant to Section 42 Conditions of Approval - Permitted Uses; or (b) may refer the application to the Municipal Planning Commission for a decision. 39.2 The Development Officer shall circulate a completed application for a permitted use to affected municipalities when required in accordance with an applicable Intermunicipal Development Plan, and may circulate, at their discretion, the completed application to any applicable government department and/or referral agency, regional services commission, Safety Codes Officer, qualified professional, etc. for comment prior to issuance of a decision on the application. 40 DISCRETIONARY USE APPLICATIONS AND ANY APPLICATIONS REQUESTING VARIANCE TO THE LAND USE BYLAW 40.1 Upon receipt of a completed application for a development permit for a discretionary use or upon receipt of any completed application requesting a variance(s) to this Bylaw, the Development Officer: (a) shall circulate the application to affected municipalities when required in accordance with an applicable Intermunicipal Development Plan; (b) may circulate the application, at their discretion, to any applicable government department and/or referral agency, regional services commission, Safety Codes Officer, qualified professional, etc.; and (c) shall refer the application to the Municipal Planning Commission for a decision. 40.2 Upon receipt of an application under section 40.1, the Development Authority may, at its discretion, schedule a development hearing and notify the owners of the land likely to be affected by the issue of a development permit in accordance with Section 45 Development Hearing Notification Procedures. 40.3 After consideration of any response to notifications and any comment received at a development hearing, Land Use Bylaw requirements, and any other matters deemed relevant by the Development Authority, the Municipal Planning Commission may: (a) approve issuance of a development permit without or with conditions pursuant to Section 43 Conditions of Approval - Discretionary Uses and Any Applications Requesting Variance to the Land Use Bylaw; or (b) approve issuance of a development permit in part, granting approval of some portion, aspect, or use of the proposed development, without or with conditions pursuant to Section 43 Conditions of Approval - Discretionary Uses and Any Applications Requesting Variance to the Land Use Bylaw, and refusal of another portion, aspect, or use of the proposed development, stating reasons for the partial refusal; or (c) refuse issuance of a development permit, stating reasons. P a r t 1 : A d m i n i s t r a t i o n 22 Municipal District of Taber Land Use Bylaw No. 2011 22 Municipal District of Taber Land Use Bylaw No. 2011 41 DIRECT CONTROL DISTRICT APPLICATIONS 41.1 Upon receipt of a completed application for a development permit in a Direct Control district, the Development Officer: (a) shall circulate the application to affected municipalities when required in accordance with an applicable Intermunicipal Development Plan; (b) may circulate the application, at their discretion, to any applicable government department and/or referral agency, regional services commission, Safety Codes Officer, qualified professional, etc.; (c) shall notify adjacent landowners and other persons likely to be affected in accordance with the provisions of the Direct Control District; and (d) shall refer the application to Council for a decision, except where the decision- making authority has been delegated to the Development Authority. 41.2 After consideration of any response to notifications and any comment received at a development hearing, Direct Control District requirements, and any other matters deemed relevant, Council or the delegated decision-making authority may: (a) approve issuance of a development permit without or with conditions pursuant to Section 44 Conditions of Approval - Direct Control District; or (b) approve issuance of a development permit in part, granting approval of some portion, aspect, or use of the proposed development, without or with conditions pursuant to Section 44 Conditions of Approval - Direct Control District, and refusal of another portion, aspect, or use of the proposed development, stating reasons for the partial refusal; or (c) refuse to approve the development permit, stating reasons. 41.3 In accordance with section 685(4) of the Municipal Government Act, there is no appeal to the Subdivision and Development Appeal Board for a decision on an application for a development permit in a Direct Control District where the decision is made by Council. P a r t 1 : A d m i n i s t r a t i o n Municipal District of Taber Land Use Bylaw No. 2011 23 DEVELOPMENT PERMIT CONDITIONS 42 CONDITIONS OF APPROVAL - PERMITTED USES 42.1 The Development Authority may impose any or all of the following conditions on a development permit for a permitted use which complies with this Bylaw: (a) requirement for applicant to enter into a development agreement and provide security pursuant to Section 31 Condition for Development Agreement; (b) requirement to enter into a road use agreement and/or similar municipal agreements; (c) requirement for applicant to provide guaranteed security to ensure the development and terms of the permit approval are carried out in accordance with Section 32 Guaranteed Security as a Condition of Development Approval; (d) payment of any applicable development deposit, off-site levy, or redevelopment levy; (e) access provisions to ensure the site will be legally and physically accessible to a developed municipal road and if within proximity of a provincial highway, will meet the requirements of Alberta Transportation; (f) alteration of a building or structure size or location to ensure any setback requirements of this Land Use Bylaw, a statutory plan, the Matters Related to Subdivision and Development Regulation, or other applicable provincial legislation can be met; (g) any measures to ensure compliance with requirements of this Land Use Bylaw or any other statutory plan adopted by the Municipal District; (h) geotechnical investigations, reports, studies, plans, and conditions to ensure the site is suitable in terms of topography, stability, soil characteristics, flooding, subsidence, erosion, drainage, servicing and access requirements; (i) requirement for easements, rights-of-way, and/or encroachment agreements; (j) provision of public utilities and lot servicing, other than telecommunications systems or works, such as but not limited to electricity, gas, water, sewage disposal, and storm water; (k) provision of vehicular and pedestrian access; (l) repairs or reinstatement of original condition of any curbing, sidewalk, boulevard landscaping and tree planting which may be damaged or destroyed or otherwise altered by development or building operations upon the site, to the satisfaction of the Development Authority; (m) setbacks from future road alignments; (n) requirement for consolidation of lots; (o) attenuation/mitigation of noise, odours, smoke, or other nuisances or impacts; (p) regulation of hours or operation; P a r t 1 : A d m i n i s t r a t i o n 24 Municipal District of Taber Land Use Bylaw No. 2011 24 Municipal District of Taber Land Use Bylaw No. 2011 (q) time periods specifying the period during which a development permit is valid in accordance with Section 23 Temporary Use; (r) time periods stipulating commencement, completion and/or phasing of development; (s) requirement for lot and/or construction stakeout; (t) requirement for the submittal of a surveyor's sketch, Real Property Report, or plan from an engineer illustrating improvements and existing and/or proposed lot grades and surface drainage; (u) filing of floor plans and/or building elevations; (v) filing of pertinent professional reports, studies, and plans prior to construction commencing; (w) conformance with any recommendations from professional reports, studies and plans required as a part of the application or approval, including development setbacks, restricted areas, and buffers; (x) any measures to ensure compliance with applicable federal, provincial and/or municipal legislation and approvals such as the Safety Codes Act, and the requirements to submit documentation demonstrating compliance; (y) any other conditions authorized within this Bylaw. 43 CONDITIONS OF APPROVAL - DISCRETIONARY USES AND ANY APPLICATIONS REQUESTING VARIANCE TO THE LAND USE BYLAW 43.1 The Municipal Planning Commission may impose any conditions it considers appropriate on a development permit for a discretionary use and any application requesting a variance to this Bylaw in addition to any or all of the conditions stipulated in Section 42 Conditions of Approval - Permitted Uses. 43.2 Despite that a minimum standard may be established within this Bylaw, the Municipal Planning Commission may impose condition(s) on a development permit for a discretionary use and any application requesting a variance to this Bylaw requiring a higher standard than what is established in this Bylaw where it is deemed by the Municipal Planning Commission that adherence to the minimum standard will be insufficient to ensure suitability and compatibility with surrounding land uses and development or is otherwise necessary. 44 CONDITIONS OF APPROVAL - DIRECT CONTROL DISTRICT 44.1 The Council or the delegated decision-making authority, as applicable, may impose any conditions it considers necessary on a development permit approval in a Direct Control District in addition to any or all of the conditions stipulated in Section 42 Conditions of Approval - Permitted Uses and any conditions specified in the Direct Control District bylaw. P a r t 1 : A d m i n i s t r a t i o n Municipal District of Taber Land Use Bylaw No. 2011 25 NOTIFICATION REQUIREMENTS 45 DEVELOPMENT HEARING NOTIFICATION PROCEDURES 45.1 When a development hearing is to be held prior to issuance of a decision on a development permit, the Development Officer shall notify any persons deemed likely to be affected by the proposed development by: (a) mailing a notice of the development hearing in writing to any person who, in the opinion of the Development Authority, may be affected; or (b) posting a notice of the development hearing conspicuously on the property for which the application has been made; or (c) placing a notice of the development hearing in a newspaper circulating in the Municipal District of Taber; or (d) posting a notice of the development hearing prominently on the Municipal District of Taber's official website or official social media site(s); or (e) any combination of the above. 45.2 The notice of development hearing shall include the following: (a) the nature and location of the application; (b) the place and time the Municipal Planning Commission or Council, as applicable, will meet to consider the application; and (c) the manner in which persons may present their concerns or provide comments. 45.3 Notice of a development hearing shall be given at least 21 days before the development hearing for notice provided by mail under section 45.1(a) and at least 14 days before the development hearing for notice provided by other means under sections 45.1(b), (c), or (d). 46 NOTICE OF DECISION 46.1 A decision of the Development Authority on an application for a development permit must be issued in writing and provided in accordance with section 46.2 or 46.3, as applicable. 46.2 Upon issuance of a decision by the Development Authority on an application for a permitted use that complies with this Bylaw (Section 39 Permitted Use Applications), the Development Officer: (a) shall mail, email, or hand deliver a notice of decision to the applicant on the same day the written decision is given; (b) shall post a notice of the decision in a prominent place in the Municipal District of Taber office for the duration of the appeal period; and (c) may, at their discretion, publish a notice of decision on the official municipal website or official social media site in accordance with an adopted advertising bylaw of the municipality for the duration of the appeal period. P a r t 1 : A d m i n i s t r a t i o n 26 Municipal District of Taber Land Use Bylaw No. 2011 26 Municipal District of Taber Land Use Bylaw No. 2011 46.3 Upon issuance of a decision by the Municipal Planning Commission on an application for a discretionary use or upon issuance of a decision on any application that does not comply with this Bylaw (Section 40 Discretionary Use Applications and Any Applications Requesting Variance to the Land Use Bylaw), the Development Officer: (a) shall mail, email, or hand deliver a notice of decision to the applicant on the same day the written decision is given; (b) shall publish a notice of the decision in a newspaper circulating in the Municipal District of Taber; (c) shall post a notice of the decision in a prominent place in the Municipal District of Taber office for the duration of the appeal period; and (d) may, at their discretion, cause notice of decision to be given by any or all of the following methods: (i) publish a notice of decision on the official municipal website or official social media site in accordance with an adopted advertising bylaw of the municipality for the duration of the appeal period; (ii) mail (postal or electronic mail) a notice of the decision to those persons, departments, and agencies originally notified; (iii) require the applicant to post a notice of the decision conspicuously on the property subject of the development decision for the duration of the appeal period. 46.4 The notice of decision issued under section 46.1 shall specify the date on which the written decision was given and state where an appeal lies. 46.5 For the purposes of section 46.2(a), 46.3(a) and 46.4, the "date on which the written decision was given" means, whichever occurs later: (a) the date the notice of decision is posted in a prominent place in the Municipal District of Taber Office; or (b) the date the notice of decision is published in a newspaper; or (c) the date the notice of decision is published on the Municipal District of Taber's official website or official social media sites; or (d) the date the notice of decision is posted on the property. P a r t 1 : A d m i n i s t r a t i o n Municipal District of Taber Land Use Bylaw No. 2011 27 COMMENCEMENT OF DEVELOPMENT AND DEVELOPMENT PERMIT VALIDITY 47 COMMENCEMENT OF DEVELOPMENT 47.1 Despite the issuance of a development permit, no development is authorized to commence within the 21-day appeal period in accordance with Section 56 Development Appeals. 47.2 If an appeal is made, no development is authorized pending the outcome of the appeal. 47.3 Any development occurring prior to the dates determined under sections 47.1 and 47.2 is entirely at the risk of the applicant, developer, or landowner, including liability for any costs or other resultant implications. 47.4 Development must be commenced and completed with reasonable diligence in the opinion of the Development Authority within 12 months from the date of issuance of the permit, or such other time period as may be stipulated within the development permit in accordance with section 47.5, otherwise the development permit is no longer valid. 47.5 The Development Authority may allow, as a condition of development permit approval, that the development be commenced and/or completed within an alternative time period than that specified in section 47.4. 48 DEVELOPMENT PERMIT VALIDITY 48.1 A development permit is valid only for the location for which it has been issued and must be carried out in accordance with the approved application and contents within and any conditions of approval. 48.2 A development permit which authorizes development remains valid and does not expire unless: (a) the development permit is suspended, cancelled, withdrawn, or issued for a temporary period of time; or (b) the development has not been commenced or completed with reasonable diligence in the opinion of the Development Authority within 12 months from the date of issuance, or such other time period as stipulated within the development permit in accordance with sections 47.4 and 47.5; or (c) the period of validity is stated as a condition of a development permit; or (d) the use/development has been discontinued for a period of 12 months or more; or (e) the permit is non-transferrable in accordance with Section 49 Transferability of a Development Permit. 48.3 An application to extend the validity of a development permit which has not been commenced in accordance with section 47.4, excluding a temporary development permit, may be made at any time prior to the expiration of the development permit. P a r t 1 : A d m i n i s t r a t i o n 28 Municipal District of Taber Land Use Bylaw No. 2011 28 Municipal District of Taber Land Use Bylaw No. 2011 48.4 A development permit which has been issued for a specified period of time in accordance with Section 23 Temporary Use is valid only for the period stated within the development permit approval. The extension of the validity of a temporary development permit shall not be permitted. 48.5 Upon receipt of a request to extend the validity of a development permit, the validity of a development permit may be extended for a period of up to 12 months from the date of the expiry at the discretion of: (a) the Development Officer or the Municipal Planning Commission if the permit was issued by the Development Officer; (b) the Municipal Planning Commission if the permit was issued by the Municipal Planning Commission or approved on appeal by an appeal board. 48.6 An extension request, where approved under section 48.5, must be granted "as is" with the original content of the development permit application and conditions of approval. 48.7 Notification of adjacent landowners and persons likely to be affected is not required for an extension request received under section 48.5 or the decision on an extension request issued under section 48.6. 48.9 This section does not apply to non-conforming uses which are regulated under section 643 of the Municipal Government Act and Section 24 Non-Conforming Buildings and Uses of this Bylaw. 49 TRANSFERABILITY OF A DEVELOPMENT PERMIT 49.1 A valid development permit, excepting a development permit issued for a home occupation, is transferable where the use remains unchanged and the development is affected only by a change of ownership, tenancy, or occupancy, of the land or building. 49.2 A development permit for a home occupation permit is non-transferable and is invalidated by a change of ownership, tenancy, or occupancy. 50 SUSPENSION AND CANCELLATION OF A DEVELOPMENT PERMIT 50.1 If after a development permit has been issued, the Development Authority determines that: (a) the application contained a misrepresentation; or (b) facts were not disclosed which should have been at the time of consideration of the application for the development permit; or (c) the development permit was issued in error; the Development Authority may suspend the development permit by giving notice in writing to the holder of it and stating the reasons for the suspension. 50.2 Upon receipt of the written notification of suspension, the holder of the development permit must cease all development and activities to which the development permit relates. P a r t 1 : A d m i n i s t r a t i o n Municipal District of Taber Land Use Bylaw No. 2011 29 50.3 If a development permit is suspended, the Municipal Planning Commission shall review the application within 40 days of issuance of the written notification of suspension, and either: (a) reinstate the development permit; or (b) cancel the development permit if the Development Authority would not have issued the development permit if the facts subsequently disclosed had been known during consideration of the application. 51 WITHDRAWAL OF A DEVELOPMENT APPLICATION OR PERMIT APPROVAL 51.1 If, after a development permit application has been submitted, an applicant requests to withdraw the application prior to a decision being rendered, the applicant shall submit a written request stating such to the Development Officer. 51.2 If, after a development permit application has been approved by the Development Authority, a permit holder requests to withdraw and cancel the development permit, the permit holder shall submit a written request stating such to the Development Officer. 51.3 Upon receipt of the written request to withdraw a development permit application or withdraw and cancel a development permit approval, the Development Officer: (a) shall issue a notice in writing to the applicant or permit holder, as applicable, acknowledging the withdrawal of the development permit application or withdrawal and cancellation of a development permit; and (b) update the municipal records to indicate the associated development permit application number has been withdrawn or cancelled, as applicable, and any permit issued is no longer valid. 52 AMENDMENT OF A DEVELOPMENT APPLICATION OR PERMIT APPROVAL 52.1 Amendment of a development permit application prior to issuance of a decision by the Development Authority may be permitted at the discretion of the Development Authority and may require renotification and recirculation fees as applicable. 52.2 Except as provided in section 52.3, amendment of a development permit approval after a decision has been issued by the Development Authority is not permitted and a new development permit application is required and will be processed anew. 52.3 If, after a notice of decision has been issued on a development permit or after a development permit has been issued, the Development Authority finds a clerical, technical, grammatical, or typographical error on the issued notice and/or permit which does not materially affect the permit in principle or substance, the Development Officer may correct the error and reissue the notice of decision and/or permit with the correct information and there is no renotification required and no avenue for an appeal. P a r t 1 : A d m i n i s t r a t i o n 30 Municipal District of Taber Land Use Bylaw No. 2011 30 Municipal District of Taber Land Use Bylaw No. 2011 SUBDIVISION PROCEDURES AND REQUIREMENTS 53 SUBDIVISION APPLICATIONS 53.1 An applicant applying for subdivision shall provide the required material and information as requested by the Subdivision Authority or those authorized to act on its behalf (its designate). A completed application shall consist of: (a) an official application, in the manner and form prescribed, clearly and legibly filled out with all the required information and signatures provided as requested on the form; (b) the applicable fees paid; (c) a current copy of the Certificate of Title for the parcel of land that is the subject of the application; (d) a surveyor's sketch or tentative subdivision plan professionally prepared or an accurate and legible sketch drawn to scale that shows the location, dimensions and boundaries of the proposed subdivision, existing structures, location of any private sewage disposal system and water source, and all other requirements prescribed in the subdivision application package in the manner requested, which may include the provision that it be professionally prepared; (e) provincial abandoned gas well information; (f) any such other information as may be required at the discretion of the Subdivision Authority or its designate to accurately evaluate the application, determine site suitability, and/or determine compliance with this Bylaw and other municipal, provincial, or federal regulations and acts. This may include but is not limited to the provision of geotechnical information, soils analysis reports, septic feasibility, water reports, soil or slope stability analysis, drainage information, contours and elevations of the land, engineering studies or reports, wetland reports, environmental impact assessments, traffic impact assessments, utility and servicing information, and/or the preparation of a Conceptual Design Scheme or an Area Structure Plan. 54 DETERMINATION OF A COMPLETE SUBDIVISION APPLICATION 54.1 In accordance with the Municipal Government Act, the Subdivision Authority or those authorized to act on its behalf (its designate), shall provide notification to a subdivision applicant within the 20-day prescribed time period, on whether a submitted application is deemed complete for the purposes of processing, or if it is determined to be deficient what information is required to be submitted by a specified time period, by sending notification in the following manner: (a) for an application deemed complete, the applicant shall be notified in writing as part of the formal subdivision application circulation referral letter; (b) for an application determined to be incomplete, written notification shall be given to the applicant which may be in the form of a letter sent by regular mail to the applicant, or sent by electronic means, or both, or by any other method as may be agreed to between the applicant and Subdivision Authority or its designate; P a r t 1 : A d m i n i s t r a t i o n Municipal District of Taber Land Use Bylaw No. 2011 31 (c) in respect of subsection (b) for a subdivision application determined to be incomplete, the applicant will be advised in writing as part of the Notice of Incompleteness what the outstanding or required information items are that must be submitted by the time specified in the notice. 54.2 Notwithstanding section 54.1, the applicant and Subdivision Authority or those authorized to act on its behalf may agree and sign a time extension agreement in writing in accordance with section 653.1(3) of the Municipal Government Act to extend the 20- day decision time period to determine whether the subdivision application and support information submitted is complete. 54.3 A determination made by the Subdivision Authority or those authorized to act on its behalf (designate) that an application is complete for processing does not preclude the ability for the Subdivision Authority or designate, to request other documentation, information, or studies to be submitted by the applicant during the review and processing period, prior to a decision being rendered, or as condition of subdivision approval. 54.4 Where a subdivision application has been determined to be incomplete for the purposes of processing and the applicant fails to submit the required information specified in the written notice provided under section 54.1(b and c) or a later date agreed on in writing between the applicant and Subdivision Authority or those authorized to act on its behalf, the application is deemed to be refused and the applicant shall be notified of such in writing with reasons. 54.5 The notification provided for in section 54.4 shall include the required information on the filing of an appeal and to which appeal board body the appeal lies in accordance with the parameters of the Municipal Government Act. 55 SUBDIVISION POLICIES 55.1 The subdivision policies are as prescribed in the Municipal District of Taber Municipal Development Plan and any other applicable adopted statutory plans. P a r t 1 : A d m i n i s t r a t i o n 32 Municipal District of Taber Land Use Bylaw No. 2011 32 Municipal District of Taber Land Use Bylaw No. 2011 DEVELOPMENT AND SUBDIVISION APPEALS 56 DEVELOPMENT APPEALS 56.1 Any person applying for a development permit, or any other person affected by an order, decision or development permit made or issued by the Development Authority may appeal such an order, decision or permit to the Municipal District of Taber Subdivision and Development Appeal Board or the Land and Property Rights Tribunal as prescribed by the Municipal Government Act, within: (a) 21 days after the date on which the written decision for a development permit is given in accordance with Section 46 Notice of Decision; or (b) 21 days after expiry of the 40 day period or the extension period granted under section 38.1 if no decision was made on the development permit application; or (c) 21 days after the date on which a stop order is made. 56.2 Notwithstanding section 56.1, no appeal lies in respect of the issuance of a development permit for a permitted use unless the provisions of this Bylaw were relaxed, varied, or misinterpreted pursuant to section 685(3) of the Municipal Government Act. 56.3 Notwithstanding section 56.1, and in accordance with section 685(4)(a) of the Municipal Government Act, no appeal lies in respect of a decision on a development permit application on lands zoned Direct Control where the decision is made by Council. 56.4 Where a decision on a development permit application on lands zoned Direct Control was made by the Development Authority as a delegated authority of Council, in accordance with section 684(4)(b) of the Municipal Government Act, an appeal may be made to the Subdivision and Development Appeal Board within 21 days after the date on which the written decision is given and is limited to whether the Development Authority followed the directions of Council. 57 SUBDIVISION APPEALS 57.1 A decision of the Subdivision Authority may be appealed by the applicant for a subdivision approval, a government department as applicable, or a school board as applicable, to the Municipal District of Taber Subdivision and Development Appeal Board or the Land and Property Rights Tribunal, as applicable, in accordance with the time period established within the Municipal Government Act. 57.2 No right of appeal in respect of a decision on a subdivision application is available for adjacent or affected landowners in accordance with the Municipal Government Act. 58 FILING A DEVELOPMENT OR SUBDIVISION APPEAL 58.1 An appeal to the Municipal District of Taber Subdivision and Development Appeal Board shall be commenced by serving a written notice of the appeal with reasons within the prescribed time period in section 56.1 or section 57.1, as applicable, to the Subdivision and Development Appeal Board, and shall be accompanied by the applicable fees. P a r t 1 : A d m i n i s t r a t i o n Municipal District of Taber Land Use Bylaw No. 2011 33 58.2 An appeal to the Land and Property Rights Tribunal shall be commenced by serving a written notice of the appeal with reasons within the prescribed time period in section 56.1 or section 57.1, as applicable, to the Land and Property Right Tribunal in the form and manner as prescribed by the Tribunal. P a r t 1 : A d m i n i s t r a t i o n 34 Municipal District of Taber Land Use Bylaw No. 2011 34 Municipal District of Taber Land Use Bylaw No. 2011 ENFORCEMENT 59 BYLAW COMPLIANCE AND ENFORCEMENT 59.1 A person who undertakes development or subdivision within the municipality shall conform with: (a) all applicable provisions of this Bylaw; (b) any conditions attached to a development permit if one is required; (c) any conditions of a subdivision approval; (d) all applicable provisions of the Municipal Government Act, associated applicable regulations, and any other applicable municipal, provincial, and federal regulations. 59.2 The Development Authority or, as applicable, a Designated Officer or Bylaw Enforcement Officer of the municipality, may enforce the provisions of the Municipal District of Taber Land Use Bylaw, Part 17 of the Municipal Government Act, the Matters Related to Subdivision and Development Regulation, and any other regulations under Part 17 of the Municipal Government Act, a development permit, or a subdivision approval, where authorized pursuant to the Municipal Government Act or this Bylaw. 59.3 Enforcement may be by way of a notice of violation, stop order, and such other relief as may be available under the Municipal Government Act, and/or by offence notice or a violation ticket pursuant to the Provincial Offences Procedure Act. 59.4 The enforcement powers granted to the Development Authority under this Bylaw are in addition to any enforcement powers that the Municipal District of Taber may have under the Provincial Offences Procedure Act or any other enactment. 59.5 For the purpose of this Bylaw, a Bylaw Enforcement Officer of the municipality is authorized to enter onto private lands to ensure compliance with this Bylaw, service notice and orders on behalf of the Municipal District of Taber, escort a Development Officer or any authorized Designated Officer in the execution of their duties, and prevent breaches of the peace. 59.6 In accordance with section 542 of the Municipal Government Act, a Designated Officer may, after giving reasonable notice to and obtaining consent from the owner or occupier of land upon which this Bylaw or the Municipal Government Act authorizes anything to be inspected, remedied, enforced or done by a municipality: (a) enter on that land at a reasonable time and carry out inspection, enforcement, or action authorized or required by the enactment or bylaw; (b) request anything to be produced to assist in the inspection, remedy, enforcement or action; and (c) make copies of anything related to the inspection, remedy, enforcement or action. 59.7 In an emergency or extraordinary circumstances, the Designated Officer is not required to provide advanced notice prescribed in section 59.6 or enter at a reasonable time and may undertake the actions specified in section 59.6(a) and (c) without the consent from the owner or occupier of the land. P a r t 1 : A d m i n i s t r a t i o n Municipal District of Taber Land Use Bylaw No. 2011 35 59.8 If a person refuses to grant consent or refuses to produce anything to assist in the inspection, remedy, enforcement or action referred to in section 542 of the Municipal Government Act, the municipality under the authority of section 543 of the Municipal Government Act may obtain a court order. 60 NOTICE OF VIOLATION 60.1 Where the Development Authority or Bylaw Enforcement Officer finds that a development or use of land or buildings is not in accordance with the Municipal Government Act, the Matters Related to Subdivision and Development Regulation, a development permit or subdivision approval, or this Bylaw, the Development Authority may issue a written notice of violation to the registered owner, and/or the person in possession of the land or buildings, and/or to the person responsible for the contravention. 60.2 Such notice shall state the following: (a) the nature of the violation; (b) corrective measures required to comply; and (c) the time period within which such corrective measures must be performed. 60.3 The Development Authority is not required to issue a Notice of Violation before any other enforcement action is commenced under the Municipal Government Act, or this Bylaw, or at all. 61 STOP ORDERS 61.1 In accordance with section 645 of the Municipal Government Act, the Development Authority is authorized to issue a stop order if it finds that a development, land use, or use of a building is not in accordance with: (a) the Municipal Government Act, this Bylaw, or other enactment; or (b) a development permit, subdivision approval, or any conditions attached to the approval. 61.2 A person receiving a stop order may, in accordance with section 645(3) of the Municipal Government Act, appeal the order. 62 ENFORCEMENT OF STOP ORDERS 62.1 The Municipal District of Taber may register a caveat under the Land Titles Act in respect of an order referred to in section 61.1 against the certificate of title for the land that is the subject of an order. 62.2 If a caveat is registered under section 62.1, the Municipal District of Taber must discharge the caveat when the order has been complied with. 62.3 Pursuant to section 646 of the Municipal Government Act, if a person fails or refuses to comply with an order directed to the person under section 645 or an order of a Subdivision and Development Appeal Board under section 687, a Designated Officer or their delegate may, in accordance with section 542 of the Municipal Government Act, enter on the land or building and take any action necessary to carry out the order and the costs may be added to the tax roll of the parcel of land. P a r t 1 : A d m i n i s t r a t i o n 36 Municipal District of Taber Land Use Bylaw No. 2011 36 Municipal District of Taber Land Use Bylaw No. 2011 62.4 If compliance with a stop order is not voluntarily effected, the Municipal District of Taber may undertake legal action, including but not limited to, seeking injunctive relief from the Alberta Court of King's Bench pursuant to section 554 of the Municipal Government Act. In accordance with section 553 of the Municipal Government Act, the expenses and costs of carrying out an order under section 646 of the Municipal Government Act may be added to the tax roll of the parcel of land. 63 PENALTIES 63.1 Any person who contravenes or fails to comply with any provision of this Bylaw, including any provision of a development permit or subdivision, or fails to comply with an order, or a decision of a subdivision and development appeal board, a provision of Part 17 of the Municipal Government Act or the regulations under Part 17, is guilty of an offence in accordance with Part 13, Division 5, Offences and Penalties of the Municipal Government Act. P a r t 1 : A d m i n i s t r a t i o n Municipal District of Taber Land Use Bylaw No. 2011 37 AMENDMENTS 64 AMENDMENTS TO THE LAND USE BYLAW 64.1 Council may amend this Bylaw at any time in accordance with the procedures detailed in section 692 of the Municipal Government Act. 64.2 Any person may propose an amendment to this Bylaw by submitting an application to the Development Officer using the applicable form and accompanied by the required fees and information requirements prescribed in Section 65 Land Use Redesignation Application Requirements or Section 66 Textual Amendment Application Requirements of this Bylaw. 64.3 The Development Authority may refuse to accept an application if, in their opinion, the information supplied is not sufficient to make a proper evaluation of the proposed amendment. 64.4 The Development Authority shall forward the application to Council for consideration if they are satisfied sufficient information has been submitted with the application. 64.5 Public hearing and notification requirements shall be in accordance with section 692 of the Municipal Government Act. 64.6 Proposed amendments to this Bylaw are subject to those procedures set out in the Municipal Government Act regarding enactment of bylaws. 64.7 Where a proposed amendment to this Bylaw has been defeated by Council, another application that is the same or similar in nature shall not be accepted until at least 6 months after the date of refusal, unless otherwise authorized by Council. 65 LAND USE REDESIGNATION APPLICATION REQUIREMENTS 65.1 A request for redesignation from one land use district to another shall be accompanied by the following: (a) a completed application form and signed authorization of the registered owner(s) consenting to the application for amendment; (b) the prescribed application fee; (c) a copy of the Certificate of Title for the lands, dated not more than 30 days prior to the date on which the application was made; (d) a narrative describing the: (i) proposed designation and future use(s); (ii) consistency with the applicable statutory plans; (iii) compatibility of the proposal with surrounding uses and zoning; (iv) the suitability of the site, including identification of any constraints and/or hazard areas (e.g. easements, soil conditions, topography, drainage, etc.); (v) availability of facilities and services (sewage disposal, domestic water, gas, electricity, fire and police protection, schools, etc.) to serve the subject property; P a r t 1 : A d m i n i s t r a t i o n 38 Municipal District of Taber Land Use Bylaw No. 2011 38 Municipal District of Taber Land Use Bylaw No. 2011 (vi) access considerations including potential impacts on public roads; and (vii) any other information deemed necessary by the Development Authority or Council to properly evaluate the proposal; (e) any drawings, site plans or Conceptual Design Schemes, if applicable or deemed necessary by the Development Authority or Council; (f) any supporting studies, reports, or plans, if applicable or deemed necessary by the Development Authority or Council; and (g) any other information deemed necessary by the Development Authority or Council to properly evaluate the proposal and/or to understand the impacts and/or merits of the application. 65.2 Council or the Development Authority may determine that some or all of the information required under section 65.1 is not necessary to be submitted with an application. 65.3 An Area Structure Plan or Conceptual Design Scheme may be a requirement of a redesignation application in accordance with the policies of the Municipal Development Plan or as required in accordance with Part 5, Section 1 of this Bylaw. 65.4 A determination that a redesignation application is complete by the Development Authority does not preclude the ability of Council to request additional information or studies to be submitted during the review and consideration of the proposed bylaw amendment. 66 TEXTUAL AMENDMENT APPLICATION REQUIREMENTS 66.1 A request for a textual amendment to this Bylaw shall be accompanied by the following: (a) a completed application form; (b) the prescribed application fee; (c) description of the proposed textual bylaw amendment; and (d) any other information deemed necessary by the Development Authority or Council to properly evaluate the proposal and/or to understand the impacts and/or merits of the application. 66.2 A determination that a textual amendment application is complete by the Development Authority does not preclude the ability of Council to request additional information or studies to be submitted during the review and consideration of the proposed bylaw amendment. 67 RESCINDING LAND USE REDESIGNATION AMENDING BYLAWS 67.1 Council, at its sole discretion, may rescind an amending bylaw which has redesignated lands within the municipality to accommodate a specific proposed subdivision and/or development and rezone (redesignate) the lands back to the original land use designation if: (a) the proposed subdivision has not been applied for, decided upon or extended within 36 months of the redesignation bylaw being given third and final reading; and/or; P a r t 1 : A d m i n i s t r a t i o n Municipal District of Taber Land Use Bylaw No. 2011 39 (b) the proposed development has not been applied for, decided upon or extended within 36 months of the redesignation bylaw being given third and final reading. 67.2 The rescinding of the redesignation bylaw shall be undertaken in accordance with section 191 of the Municipal Government Act. M u n i c i p a l D i s t r i c t o f T a b e r L a n d U s e B y l a w N o . 2 0 1 1 PART 2 Development Not Requiring a Permit P a r t 2 : D e v e l o p m e n t N o t R e q u i r i n g A D e v e l o p m e n t P e r m i t Municipal District of Taber Land Use Bylaw No. 2011 41 PART 2: DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT 1 GENERAL 1.1 No development, including a change or intensification of use, other than those provided in this Part, shall be commenced unless a development permit is issued, and the development is in accordance with the terms and conditions of a development permit issued pursuant to this Bylaw. 1.2 This Part does not negate the requirement of obtaining any other applicable permits, registrations, authorizations, and licenses that may be required by federal, provincial, or other municipal regulatory departments or agencies including but not limited to, any required permits under the Safety Codes Act, Water Act, and Agricultural Operations and Practices Act. 1.3 Notwithstanding that a development permit may not be required for the development in accordance with this Part, any development within 984 ft (300 m) of the limit of a provincially controlled highway or within 2,625 ft (800 m) from the centre point of an intersection of a provincially controlled highway and a public road, requires a permit from Alberta Transportation. 1.4 In a circumstance where it may be unclear whether a development permit is required for a development and the Development Officer is uncertain about such a determination, the matter will be referred to the Municipal Planning Commission for a determination. 1.5 Despite an exemption from the requirement for a development permit in accordance with this Part, persons undertaking development are encouraged to contact the Municipal District of Taber to discuss the proposed development and determine any applicable municipal procedures, requirements, and standards, including setbacks from property lines and roadways. 2 DEVELOPMENT PERMIT EXEMPTIONS UNDER PROVINCIAL AND FEDERAL STATUTES 2.1 The following development does not require a development permit in accordance with provincial and federal statutes: DESCRIPTION OF ACTIVITIES & USES NOT REQUIRING A DEVELOPMENT PERMIT (a) Municipal Government Act Exemptions (i) Any use or development exempted under section 618(1) of the MGA, including a highway, road, well, battery, pipeline, or installation or structure incidental to the operation of a pipeline. P a r t 2 : D e v e l o p m e n t N o t R e q u i r i n g A D e v e l o p m e n t P e r m i t 42 Municipal District of Taber Land Use Bylaw No. 2011 42 Municipal District of Taber Land Use Bylaw No. 2011 DESCRIPTION OF ACTIVITIES & USES NOT REQUIRING A DEVELOPMENT PERMIT (b) Municipal Government Act Exemptions (continued) (ii) Confined Feeding Operation or Manure Management Storage Facility subject of an approval, registration, or authorization in accordance with the Agricultural Operations and Practices Act. This exemption does not include: dwellings, offices, processing facilities, shops, or any other buildings, structures, and uses which do not involve confinement of livestock for the purpose of growing, sustaining, finishing, or breeding by means other than grazing. (iii) Any other use or development as may be exempted by the Lieutenant Governor in Council pursuant to section 618(4) of the MGA. (b) Planning Exemption Regulation (i) Transmission line or electric distribution system, as defined in the Hydro and Electric Energy Act. (ii) Irrigation works by an irrigation district as defined in the Irrigation Districts Act. This exemption does not include: dwellings, offices, or buildings, structures, and uses that do not meet the definition of irrigation works. (iii) Establishing historic sites or archaeological resources under the Historical Resources Act. (c) Federal Exemptions (i) Telecommunication antenna systems regulated by Science, Innovation and Economic Development Canada subject to Part 10 Antenna Systems Siting Protocol of this Bylaw. (ii) Any other use or development as may be exempted by Federal statues. 3 DEVELOPMENT PERMIT EXEMPTIONS UNDER THE LAND USE BYLAW 3.1 The following development does not require a development permit but must otherwise comply with all other provisions of this Bylaw, including but not limited to, district use provisions, setbacks, height, percent lot coverage, general development standards, and administrative requirements: ACTIVITY/USES DESCRIPTION OF ACTIVITIES & USES NOT REQUIRING A DEVELOPMENT PERMIT (a) Agricultural Uses as follows: (i) Cultivation and grazing of land (Extensive Agriculture and/or Primary Agricultural Operations) within the Rural Agricultural and Rural/Urban Fringe land use districts. (ii) Agricultural buildings 20,000 ft2 (1858.1 m2) or less in size associated with Extensive Agriculture and/or Primary Agricultural Operations on a parcel greater than 40 acres (16.2ha) as follows:  Located within the Rural Agricultural or Rural/Urban Fringe land use district.  Does not include: - a dwelling unit or living quarters, or - proposed use of a holding tank;  Complies with setbacks from public roads, property lines, and intersection sight triangle requirements.  Complies with any applicable Intermunicipal Development Plan requirements. P a r t 2 : D e v e l o p m e n t N o t R e q u i r i n g A D e v e l o p m e n t P e r m i t Municipal District of Taber Land Use Bylaw No. 2011 43 ACTIVITY/USES DESCRIPTION OF ACTIVITIES & USES NOT REQUIRING A DEVELOPMENT PERMIT Agricultural Uses as follows (continued): (iii) Animal corrals and pens, haystacks, and temporary commodity storage, and bee hives as follows:  Located on a parcel within the Rural Agricultural or Rural/Urban Fringe land use districts.  Complies with setbacks from public roads, property lines, and intersection sight triangle requirements. (iv) Dugouts on a parcel greater than 40 acres (16.2 ha) as follows:  Located on a parcel within the Rural Agricultural or Rural/Urban Fringe land use district.  Complies with setbacks from public roads, property lines and intersection sight triangle requirements.  Complies with any applicable Intermunicipal Development Plan requirements.  Designed in a manner to prevent drainage, erosion, and/or seepage issues on neighbouring parcels of land, including municipal road allowances. (b) Ancillary Residential Uses as follows: (i) Ancillary residential buildings and structures 108 ft2 (10 m2) or less in size as follows:  Located on a parcel within the Rural Agricultural, Rural/Urban Fringe or Hamlet Residential land use districts.  Dwelling must be established on the property - parcel cannot be vacant.  Maximum 1 ancillary residential building without a development permit on a lot within the Hamlet Residential land use district; the second and subsequent ancillary residential building on the parcel requires a development permit.  Complies with ancillary building height, setbacks, and percent lot coverage requirements of the applicable land use district. (ii) Decks less than 2 ft (0.61m) in height measured from finished grade as follows:  Uncovered and does not contain walls, pillars, or roof structure.  Complies with setbacks and percent lot coverage of the applicable land use district. (iii) Private play structures, fire pits, flagpoles, flower boxes, lawn ornaments, and other similar structures ancillary to residential use as follows:  Complies with ancillary building height and setback requirements of the applicable land use district. (iv) Satellite dishes less than 3.3 ft (1m) in diameter. P a r t 2 : D e v e l o p m e n t N o t R e q u i r i n g A D e v e l o p m e n t P e r m i t 44 Municipal District of Taber Land Use Bylaw No. 2011 44 Municipal District of Taber Land Use Bylaw No. 2011 ACTIVITY/USES DESCRIPTION OF ACTIVITIES & USES NOT REQUIRING A DEVELOPMENT PERMIT (b) Ancillary Residential Uses as follows: (continued) (v) Temporary and above ground outdoor swimming pools and portable or above ground hot tubs as follows:  No excavation is involved.  Not located in the front yard on lots within the Hamlet Residential land use district.  Complies with ancillary building height and setback requirements of the applicable land use district. Please be advised of Safety Codes requirements for pools and hot tubs. (c) Completion of a Development as follows: (i) Completion of a building which was lawfully under construction at the date this Bylaw came into effect provided that the building is completed in accordance with the terms and conditions of any development permit granted. (ii) Completion of a building that did not require a development permit under the previous land use bylaw and which was lawfully under construction provided the building is completed within 12 months from the date this bylaw came into effect. (d) Continuation of Use as follows: (i) Use of any building referred to in (c) above, for the purpose for which construction was commenced. (ii) Continuation of a use that was initiated in accordance with a valid development permit issued before the effective date of this Bylaw. (e) Demolition as follows: (i) Demolition of existing buildings and structures in accordance with Part 5, Section 3 Demolition or Removal of Buildings or Structures. Please be advised of Safety Codes requirements for demolition. (f) Fences, Gates, Walls, or Other Means of Enclosure as follows: (i) Construction, erection, maintenance, or alteration of a fence, gate, wall, or other means of enclosure in accordance with Part 5, Section 6 Fences. (g) Shelterbelts, Trees and Hedges as follows: (i) Shelterbelts, Trees and Hedges that comply with all applicable setbacks from public roads, property lines and intersection sight triangle requirements in accordance with this Bylaw. (h) Utilities and Public Works as follows: (i) The maintenance and repair of public works and utilities carried out by or on behalf of federal, provincial, municipal, or public authorities on land which is publicly owned or controlled. (ii) Installation of public utilities located within the road right-of-way, utility right-of-way, or public utility lot, including any associated grading, excavation and temporary stockpile in conjunction with installation of such exempted utilities, but not including buildings. P a r t 2 : D e v e l o p m e n t N o t R e q u i r i n g A D e v e l o p m e n t P e r m i t Municipal District of Taber Land Use Bylaw No. 2011 45 ACTIVITY/USES DESCRIPTION OF ACTIVITIES & USES NOT REQUIRING A DEVELOPMENT PERMIT (i) Renovations & Routine Maintenance, Repairs as follows: (i) Internal Renovations to a building which do not:  Create another dwelling unit; or  Increase parking requirements; or  Result in the change of use of a building; or  Increase the square footage or footprint of the building; or  Result in an intensification of the use. (ii) Works of routine maintenance and repair to a building, including replacement of the exterior finish or roofing materials that does not involve increase in building height or footprint. (j) Shipping Containers as follows: (i) Temporary Shipping Containers - Class A Shipping Container in accordance with Part 6, section 20.5. (ii) Shipping Containers Associated with Extensive Agriculture and/or Primary Agricultural Operations in the Rural Agricultural and Rural/Urban Fringe land use districts in accordance with Part 6, section 20.6. (k) Signs as follows: (i) Any signs exempted in Part 7, Section 4 Signs not Requiring a Permit. (l) Temporary Buildings/ Structures/ Uses as follows: (i) Temporary erection or placement of construction trailers, buildings, machinery, or equipment necessary for undertaking construction of a development for which a development permit has been issued and only for the period of construction. This exemption does not include Work Camps or any use involving overnight accommodation. (ii) Temporary outdoor and seasonal sales which, in the opinion of the Development Authority, does not adversely affect parking, traffic flows, site appearance, or public safety, as follows:  Estate sales, yard sales, single-event farm auction, that do not operate as a business or more than 30 days in a calendar year.  Temporary/transient sales on a lot within the Hamlet Commercial land use district where a principal use has been established and that do not operate for more than 30 days in a calendar year.  Seasonal farm-gate sales that do not meet the definition of Agritourism or Farmer's Market and have sufficient off-street parking. (iii) Use of a building or part thereof as a temporary polling station, returning officer's headquarters, candidate's campaign office, and any other official temporary use in connection with a federal, provincial, or municipal election, referendum, or census. M u n i c i p a l D i s t r i c t o f T a b e r L a n d U s e B y l a w N o . 2 0 1 1 PART 3 Land Use Districts and Regulations 0 P a r t 3 : L a n d U s e D i s t r i c t s a n d R e g u l a t i o n s Municipal District of Taber Land Use Bylaw No. 2011 47 PART 3: LAND USE DISTRICTS AND REGULATIONS 1 ESTABLISHING LAND USE DISTRICTS 1.1 The municipality is divided into those districts specified in this Part and shown on the Municipal District of Taber Land Use Districts Maps in Part 12. 1.2 The Land Use Districts within the municipality and shown on the maps in Part 12 shall be known by the following identifying names and symbols: LAND USE DISTRICTS District Symbol Rural Agricultural RA Rural/Urban Fringe R/UF Grouped Rural Industrial GRI Grouped Country Residential GCR Grouped Country Mixed-Use GCM Rural Highway Commercial RHC Private Commercial Recreation PCR Hamlet Residential HR Hamlet Commercial HC Hamlet Industrial HI Hamlet Public/Institutional HP/I Hamlet Transitional/Agricultural HT/A Locality of Retlaw Direct Control LR-DC Linear Parcel Direct Control LP-DC Direct Control DC 2 LAND USE DISTRICTS MAPS 2.1 The Municipal District of Taber Land Use Districts Maps in Part 12 are attached to and form part of this Bylaw and specify the land use district applicable to lands within the municipality. 2.2 Where there is uncertainty about the exact location of a boundary of any district as shown on the Land Use Districts Maps, the following shall apply. Where the district boundary is shown approximately following: (a) The centre line of a public roadway, it shall be deemed to follow the centre line thereof. (b) The boundary of a parcel of land, the parcel boundary shall be deemed to be the boundary of the district. (c) In situations where a parcel of land is split zoned, the measurements on the Land Use Districts Map using the map scale shall apply, or where Council has adopted an amending bylaw which approved split zoning of a parcel of land, the measurements of the land use district amendment bylaw that designated the area of land shall apply. P a r t 3 : L a n d U s e D i s t r i c t s a n d R e g u l a t i o n s 48 Municipal District of Taber Land Use Bylaw No. 2011 48 Municipal District of Taber Land Use Bylaw No. 2011 3 DESIGNATED HAMLETS AND LOCALITIES BOUNDARIES 3.1 The following are designated as a Hamlet for the purpose of this Bylaw: (a) Hamlet of Enchant (b) Hamlet of Grassy Lake (c) Hamlet of Hays (d) Hamlet of Johnson's Addition (e) Hamlet of Purple Springs 3.2 The following are designated as a Locality for the purpose of this Bylaw: (a) Locality of Grantham (b) Locality of Retlaw 3.3 The boundaries of the designated Hamlets and Localities are as illustrated on the Land Use Districts Maps and alteration of such boundaries requires amendment of this Bylaw. 4 LAND USE DISTRICT REGULATIONS 4.1 The regulations for each land use district within the Municipal District of Taber are as established on the pages following. P a r t 3 : L a n d U s e D i s t r i c t s - R u r a l A g r i c u l t u r a l - R A Municipal District of Taber Land Use Bylaw No. 2011 49 RURAL AGRICULTURAL - RA 1 PURPOSE 1.1 The purpose of the RA district is to ensure the agricultural land base and agricultural operations within the municipality are protected by limiting fragmentation of agricultural land and allowing for a variety of agricultural uses, while also providing consideration for compatible and complementary non-agricultural uses where land use conflicts with vicinity lands and impacts to better agricultural land are avoided or minimized. 2 USES 2.1 Permitted Uses1 Use Specific Standards Agricultural Buildings and Structures Class A Ancillary Residential Buildings and Structures Class A Part 6, Section 1 Dwelling:  Primary Single-detached Dwelling2 (Site Built or Prefabricated New only)  Secondary Single-detached Dwelling2 on Parcels ≥ 80 acres (Site Built or Prefabricated New only) Part 6, Section 7, 8, 9 Dugout Part 6, Section 6 Shipping Container Class A Part 6, Section 20 Home Occupation Class A Part 6, Section 14 Solar Energy Systems:  Class A Roof-mount  Class A Ground-mount  Class B Roof-mount Part 9 1 Unless stipulated otherwise in an adopted Intermunicipal Development Plan (IDP) 2 Prefabricated Used and Moved-In are classified as a Discretionary Use 2.2 Discretionary Uses1 Use Specific Standards Agricultural Buildings and Structures Class B Agritourism Airports, Airstrips and Airport Uses Ancillary Buildings and Structures:  Ancillary Residential Buildings and Structures Class B  All Others Part 6, Section 1 Ancillary Uses Part 6, Section 1 Animal Care and Boarding Part 6, Section 3 Cannabis Cultivation Part 6, Section 4 Cannabis Production Facility Part 6, Section 4 Coverall/Fabric Buildings Part 6, Section 5 Day Care Dwelling:  Moved-in  Prefabricated Used  Secondary Dwelling and Additional Dwellings/Dwelling Units Part 6, Sections 7-12 P a r t 3 : L a n d U s e D i s t r i c t s - R u r a l A g r i c u l t u r a l - R A 50 Municipal District of Taber Land Use Bylaw No. 2011 2.2 Discretionary Uses 1 (continued) Use Specific Standards Employee Housing Part 6, Section 13 Farmer's Market Home Occupation Class B Part 6, Section 14 Horticultural Operations/Facilities Meteorological Towers Part 6, Section 16 Moved-In Buildings Personal Workshop and Storage Buildings Part 6, Section 18 Primary Agriculture Class A Public and Institutional Railway Installations Research and Development Facility Residential Use of Agricultural and Other Non- Residential Buildings Part 6, Section 19 Riding Arena Commercial Rural Industrial Class B Rural Industrial Class C Shipping Container Class B Part 6, Section 20 Signs Part 7 Similar Uses Solar Energy Systems:  Class A Wall-mount  Class B Ground-mount and Wall-mount  Class C Part 9 Surveillance Suite Part 6, Section 22 Waste Management Facility Major and Minor Water Treatment Facility Wind Energy Conversion System Part 8 Work Camp Part 6, Section 26 1 Unless stipulated otherwise in an adopted Intermunicipal Development Plan (IDP) 2.3 Prohibited Uses Any use not listed as Permitted or Discretionary or deemed a Similar Use by the Development Authority in accordance with Part 1, Section 22 Similar Use 3 MINIMUM LOT SIZE REQUIREMENTS 3.1 The minimum lot size requirement within the RA District is as follows: Use Width Length Area All uses As required by the Development Authority As required by the Development Authority 2 acres (0.81 ha) or greater as may be required by the Development Authority P a r t 3 : L a n d U s e D i s t r i c t s - R u r a l A g r i c u l t u r a l - R A Municipal District of Taber Land Use Bylaw No. 2011 51 4 MINIMUM SETBACK REQUIREMENTS 4.1 Minimum setback requirements in the RA District are as follows: (a) Use Road Setback1,2 (measured from property line) Side Setback Rear Setback Permitted Uses 100 ft. (30.48 m) 20 ft. (6.09 m) 20 ft. (6.09 m) Discretionary Uses 100 ft. (30.48 m) As required by the MPC Dugouts 100 ft. (30.48 m) 50 ft. (15.24 m) 50 ft. (15.24 m) Shelterbelts (Trees/Bushes) 50 ft. (15.24 m) 0 ft. (0 m) 0 ft. (0 m) 1 Includes undeveloped road allowances. 2 Refer to Part 4, Section 4 Setback from Public Roads and Section 7 Intersection Sight Triangle Setbacks for complete road setback requirements, including setbacks from provincial highways. (b) Development on corner lots is also subject to the 280 ft (85.4 m) intersection sight triangle requirements prescribed in Part 4, Section 7 for all development, including shelterbelts (trees/bushes). (c) Development may also be subject to additional setback requirements as prescribed within: Site and Servicing Requirements Part 4 General Standards of Development: Part 5 Use Specific Standards of Development: Part 6 5 MAXIMUM HEIGHT AND SITE COVERAGE REQUIREMENTS 5.1 Unless specified elsewhere in this Bylaw, the maximum height and site coverage requirements are as required by the Development Authority. 6 LOCATIONAL CRITERIA FOR SPECIFIED DEVELOPMENTS 6.1 Primary Agriculture Class A, Rural Industrial Class B and C development, Animal Care and Boarding, Research and Development, and Waste Management Facility Major and Minor, shall not be approved if, in the opinion of the Development Authority, a more suitable, compatible, serviceable and/or accessible Hamlet Industrial, Grouped Rural Industrial or alternative rural lot is reasonably available. 6.2 Rural Industrial Class B and C development, Animal Care and Boarding, Research and Development, and Waste Management Facility Major and Minor shall be discouraged, unless otherwise specified in an adopted Intermunicipal Development Plan or Area Structure Plan, if applicable: (a) within one mile of Taber, Barnwell, or Vauxhall, or as specified in an adopted Intermunicipal Development Plan; (b) within one mile of a designated Hamlet, Locality or grouped country residential district (GCR and GCM); (c) within one mile of a public park, recreation area or private commercial recreation district; P a r t 3 : L a n d U s e D i s t r i c t s - R u r a l A g r i c u l t u r a l - R A 52 Municipal District of Taber Land Use Bylaw No. 2011 (d) within one-half mile of an existing or approved rural residence, public institutional use or intensive agricultural operation; (e) within one-half mile either side of a provincial highway; (f) adjacent to a waterbody; unless the Development Authority is satisfied that adequate measures and high operational standards will be undertaken and maintained to minimize any nuisance, hazard or noxious effect on vicinity land uses. 6.3 Isolated country residential development shall not be approved if located within the minimum distance separation as calculated from an existing or approved confined feeding operation, within one-half mile of a Class B rural industry, or within the setback requirements of a landfill, transfer station, or sewage treatment facility, unless a waiver is granted by the Municipal Planning Commission. 6.4 Public institutional uses shall not be approved if, in the opinion of the Development Authority, a more suitable, compatible, serviceable, or accessible hamlet or alternative rural lot is reasonably available. 7 SITE AND SERVICING REQUIREMENTS Refer to Part 4 Site and Servicing Requirements 8 GENERAL STANDARDS OF DEVELOPMENT Refer to Part 5 General Standards of Development 9 USE SPECIFIC STANDARDS OF DEVELOPMENT Ancillary Buildings, Structures and Uses - Part 6, Section 1 Anhydrous Ammonia Bulk Storage Facility - Part 6, Section 2 Animal Care and Boarding - Part 6, Section 3 Cannabis Cultivation - Part 6, Section 4 Cannabis Production Facility - Part 6, Section 4 Coverall/Fabric Buildings - Part 6, Section 5 Dugouts - Part 6, Section 6 Dwellings: Secondary Dwelling and Additional Dwellings/Dwelling Units - Part 6, Section 7 Site Built - Part 6, Section 8 Prefabricated - Part 6, Section 9 Moved-in - Part 6, Section 10 Garden Suites - Part 6, Section 11 Secondary Suites - Part 6, Section 12 Employee Housing - Part 6, Section 13 P a r t 3 : L a n d U s e D i s t r i c t s - R u r a l A g r i c u l t u r a l - R A Municipal District of Taber Land Use Bylaw No. 2011 53 Home Occupations - Part 6, Section 14 Meteorological Towers - Part 6, Section 16 Outdoor Storage - Part 6, Section 17 Personal Workshop and Storage Building - Part 6, Section 18 Residential Use of Agricultural and Other Non-Residential Buildings - Part 6, Section 19 Shipping Containers - Part 6, Section 20 Signs - Part 7 Surveillance Suites - Part 6, Section 22 Solar Energy Systems - Part 9 Wind Energy Conversion Systems - Part 8 Work Camp - Part 6, Section 26 P a r t 3 : L a n d U s e D i s t r i c t s - R u r a l / U r b a n F r i n g e - R / U F Municipal District of Taber Land Use Bylaw No. 2011 55 RURAL/URBAN FRINGE - R/UF 1 PURPOSE 1.1 The purpose of the R/UF district is to provide coordinated management of land uses within proximity of incorporated urban municipal boundaries which ensures the agricultural land base and operations are protected and enhanced while providing consideration for suitable non-agricultural development compatible with urban municipalities, consistent with applicable Intermunicipal Development Plans. 2 USES 2.1 Permitted Uses1 Use Specific Standards Agricultural Buildings and Structures Class A Ancillary Residential Buildings and Structures Class A Part 6, Section 1 Dugout Part 6, Section 6 Dwelling:  Primary Single-detached Dwelling2 (Site Built or Prefabricated New only)  Secondary Single-detached Dwelling2 on Parcels ≥ 80 acres (Site Built or Prefabricated New only) Part 6, Sections 7, 8, 9 Shipping Container Class A Part 6, Section 20 Home Occupation Class A Part 6, Section 14 Solar Energy Systems:  Class A Roof-mount  Class A Ground-mount  Class B Roof-mount Part 9 1 Unless stipulated otherwise in an adopted Intermunicipal Development Plan (IDP) 2 Prefabricated Used and Moved-In are classified as a Discretionary Use 2.2 Discretionary Uses1 Use Specific Standards Abattoirs and Animal Processing Plants Agricultural Buildings and Structures Class B Agritourism Ancillary Buildings and Structures:  Ancillary Residential Buildings and Structures Class B  All Others Part 6, Section 1 Ancillary Uses Part 6, Section 1 Animal Care and Boarding Part 6, Section 3 Cannabis Cultivation Part 6, Section 4 Cannabis Production Facility Part 6, Section 4 Coverall/Fabric Buildings Part 6, Section 5 Day Care Dwellings:  Moved-in  Prefabricated Used  Secondary Dwelling and Additional Dwellings/Dwelling Units Part 6, Sections 7 - 12 Employee Housing Part 6, Section 13 56 Municipal District of Taber Land Use Bylaw No. 2011 P a r t 3 : L a n d U s e D i s t r i c t s - R u r a l / U r b a n F r i n g e - R / U F 56 Municipal District of Taber Land Use Bylaw No. 2011 2.2 Discretionary Uses1 (continued) Use Specific Standards Farmer's Market Home Occupation Class B Part 6, Section 14 Horticultural Operations/Facilities Meteorological Towers Part 6, Section 16 Moved-In Buildings Personal Workshop and Storage Buildings Part 6, Section 18 Primary Agriculture Class A Public and Institutional Railway Installations Research and Development Facility Residential Use of Agricultural and Other Non- Residential Buildings Part 6, Section 19 Riding Arena Commercial Rural Industrial Class B as Allowed in an Adopted IDP Rural Industrial Class C Shipping Container Class B Part 6, Section 20 Signs Part 7 Similar Uses Solar Energy Systems:  Class A Wall-mount  Class B Ground-mount and Wall-mount  Class C Part 9 Surveillance Suite Part 6, Section 22 Waste Management Facility Minor as Allowed in an Adopted IDP Water Treatment Facility Wind Energy Conversion System Part 8 Work Camp Part 6, Section 26 1 Unless stipulated otherwise in an adopted Intermunicipal Development Plan (IDP) 2.3 Prohibited Uses Any use not listed as Permitted or Discretionary or deemed a Similar Use by the Development Authority in accordance with Part 1, Section 22 Similar Use 3 MINIMUM LOT SIZE REQUIREMENTS 3.1 The minimum lot size requirements within the R/UF district are as follows: Use Width Length Area All uses As required by the Development Authority As required by the Development Authority 2 acres (0.81 ha) or greater as may be required by the Development Authority P a r t 3 : L a n d U s e D i s t r i c t s - R u r a l / U r b a n F r i n g e - R / U F Municipal District of Taber Land Use Bylaw No. 2011 57 4 MINIMUM SETBACK REQUIREMENTS 4.1 The minimum setback requirements within the R/UF district are as follows: (a) Use Road Setback1,2 (measured from property line) Side Setback Rear Setback Permitted Uses 100 ft. (30.48 m) 20 ft. (6.09 m) 20 ft. (6.09 m) Discretionary Uses 100 ft. (30.48 m) As required by the MPC Dugouts 100 ft. (30.48 m) 50 ft (15.24 m) 50 ft (15.24 m) Shelterbelts (Trees/Bushes) 50 ft. (15.24 m) 0 ft. (0 m) 0 ft. (0 m) 1. Includes undeveloped road allowances. 2. Refer to Part 4, Section 4 Setback from Public Roads and Section 7 Intersection Sight Triangle Setbacks for complete road setback requirements, including setbacks from provincial highways. (b) Development on corner lots is also subject to the 280 ft (85.4 m) intersection sight triangle requirements prescribed in Part 4, Section 7 for all development, including shelterbelts (trees/bushes). (c) Development may also be subject to additional setback requirements as prescribed within: Site and Servicing Requirements Part 4 General Standards of Development: Part 5 Use Specific Standards of Development: Part 6 5 MAXIMUM HEIGHT AND SITE COVERAGE REQUIREMENTS 5.1 Unless specified elsewhere in this Bylaw, the maximum height and site coverage requirements for permitted and discretionary uses are as required by the Development Authority. 6 DEVELOPMENT AND LOCATIONAL CRITERIA 6.1 All development decisions within the R/UF District should take into account the direct and indirect effects of the proposed use on the immediate and surrounding areas as well as the future growth and development of the adjacent urban municipality as outlined in an adopted Intermunicipal Development Plan. 6.2 All development proposed within the R/UF District shall be subject to the applicable Locational Criteria for Specified Developments established for such uses in Section 6 of the Rural Agricultural District. Abattoirs and Animal Processing Plants are subject to the locational criteria for isolated Rural Industrial Class B developments specified in the Rural Agricultural District. 7 SITE AND SERVICING REQUIREMENTS Refer to Part 4 Site and Servicing Requirements 8 GENERAL STANDARDS OF DEVELOPMENT Refer to Part 5 General Standards of Development 58 Municipal District of Taber Land Use Bylaw No. 2011 P a r t 3 : L a n d U s e D i s t r i c t s - R u r a l / U r b a n F r i n g e - R / U F 58 Municipal District of Taber Land Use Bylaw No. 2011 9 USE SPECIFIC STANDARDS OF DEVELOPMENT Ancillary Buildings, Structures and Uses - Part 6, Section 1 Anhydrous Ammonia Bulk Storage Facility - Part 6, Section 2 Animal Care and Boarding - Part 6, Section 3 Cannabis Cultivation - Part 6, Section 4 Cannabis Production Facility - Part 6, Section 4 Coverall/Fabric Buildings - Part 6, Section 5 Dugouts - Part 6, Section 6 Dwellings: Secondary Dwelling and Additional Dwellings/Dwelling Units - Part 6, Section 7 Site Built - Part 6, Section 8 Prefabricated - Part 6, Section 9 Moved-in - Part 6, Section 10 Garden Suites - Part 6, Section 11 Secondary Suites - Part 6, Section 12 Employee Housing - Part 6, Section 13 Home Occupations - Part 6, Section 14 Meteorological Towers - Part 6, Section 16 Outdoor Storage - Part 6, Section 17 Personal Workshop and Storage Building - Part 6, Section 18 Residential Use of Agricultural and Other Non-Residential Buildings - Part 6, Section 19 Shipping Containers - Part 6, Section 20 Signs - Part 7 Surveillance Suites - Part 6, Section 22 Solar Energy Systems - Part 9 Wind Energy Conversion Systems - Part 8 Work Camp - Part 6, Section 26 P a r t 3 : L a n d U s e D i s t r i c t s - G r o u p e d R u r a l I n d u s t r i a l - G R I Municipal District of Taber Land Use Bylaw No. 2011 59 GROUPED RURAL INDUSTRIAL - GRI 1 PURPOSE 1.1 The purpose of the GRI District is to allow for business and industrial uses within comprehensively planned multi-lot developments in locations which have a limited impact on better agricultural land, minimize conflicts with surrounding land uses, and where the safe, efficient, operation of the road network is not compromised. 2 USES 2.1 Permitted Uses Use Specific Standards Ancillary Primary Agriculture Class A Buildings and Structures Primary Agriculture Class A Shipping Container Class A Part 6, Section 20 Signs Class A Part 7 Solar Energy Systems:  Class A Roof-mount  Class B Roof-mount Part 9 2.2 Discretionary Uses Use Specific Standards Ancillary Buildings and Structures Part 6, Section 1 Ancillary Uses Part 6, Section 1 Animal Care and Boarding Part 6, Section 3 Cannabis Production Facility Part 6, Section 4 Commercial Sales and Service in Conjunction with an Approved Rural Industrial Use Coverall/Fabric Buildings Part 6, Section 5 Dugout Part 6, Section 6 Horticultural Operations/Facilities Manufactured Home Sales and Services Meteorological Towers Part 6, Section 16 Moved-In Buildings Personal Workshop and Storage Buildings Part 6, Section 18 Railway Installations Public Utilities Installations Recycling Depot Research and Development Facility Rural Industrial Class B Rural Industrial Class C Shipping Container Class B Part 6, Section 20 Signs Part 7 Similar Uses Solar Energy Systems:  Class A Ground-mount and Wall-mount  Class B Ground-mount and Wall-mount  Class C Part 9 Surveillance Suite Part 6, Section 22 60 Municipal District of Taber Land Use Bylaw No. 2011 P a r t 3 : L a n d U s e D i s t r i c t s - G r o u p e d R u r a l I n d u s t r i a l - G R I 60 Municipal District of Taber Land Use Bylaw No. 2011 2.2 Discretionary Uses (continued) Use Specific Standards Truck/Car Wash Waste Management Facility Minor Water Treatment Facility Wind Energy Conversion System Part 8 Work Camp Part 6, Section 26 2.3 Prohibited Uses Public and Institutional Residential uses other than Surveillance Suite Any use not listed as Permitted or Discretionary or deemed a Similar Use by the Development Authority in accordance with Part 1, Section 22 Similar Use 3 MINIMUM LOT SIZE REQUIREMENTS 3.1 Unless established otherwise in an adopted Area Structure Plan, the minimum lot size requirements within the GRI district are as follows: Use Width Length Area All uses As required by the Development Authority As required by the Development Authority 2.0 acres (0.81 ha) or greater as may be required by the Development Authority 4 MINIMUM SETBACK REQUIREMENTS 4.1 Unless established otherwise in an adopted Area Structure Plan, the minimum setback requirements within the GRI district are as follows: (a) Use Local Internal Subdivision Road Setback1,2 (from property line) All Other Roads Setback1,2 (from property line) Side Yard Rear Yard Permitted Uses 50 ft. (15.24 m) 100 ft. (30.48 m) 20 ft. (6.09 m) 20 ft. (6.09 m) Discretionary Uses 50 ft. (15.24 m) 100 ft. (30.48 m) As required by the MPC Dugouts 100 ft. (30.48 m) 100 ft (30.48 m) 50 ft (15.24 m) 50 ft (15.24 m) Shelterbelts (Trees/Bushes) 20 ft. (6.09 m) 50 ft. (15.24 m) 0 ft. (0 m) 0 ft. (0 m) 1 Includes undeveloped road allowances. 2 Refer to Part 4, Section 4 Setback from Public Roads, Section 5 Setback from Local Internal Subdivision Roads and Section 7 Intersection Sight Triangle Setbacks for complete road setback requirements, including setbacks from provincial highways. (b) Development on corner lots is also subject to a 100 ft (30.48 m) intersection sight triangle requirement on local internal subdivision roads and the 280 ft (85.4 m) intersection sight triangle requirements on all other roads in accordance with Part 4 Section 7 for all development, including shelterbelts (trees/bushes). P a r t 3 : L a n d U s e D i s t r i c t s - G r o u p e d R u r a l I n d u s t r i a l - G R I Municipal District of Taber Land Use Bylaw No. 2011 61 (c) Development may also be subject to additional setback requirements as prescribed within: Site and Servicing requirements Part 4 General Standards of Development: Part 5 Use Specific Standards of Development: Part 6 5 MAXIMUM HEIGHT AND SITE COVERAGE REQUIREMENTS 5.1 Unless stipulated otherwise in an adopted Area Structure Plan or elsewhere in this Bylaw, the maximum height and site coverage requirements for permitted and discretionary uses are as required by the Development Authority. 6 LOCATIONAL CRITERIA FOR SPECIFIED DEVELOPMENTS 6.1 Rural Industrial Class B and C development, Animal Care and Boarding, Research and Development, and Waste Management Facility Minor considered detrimental to public health, safety, and welfare shall be discouraged on a designated Grouped Rural Industrial district lot, unless otherwise specified in an adopted Intermunicipal Development Plan or Area Structure Plan, if applicable: (a) within one mile of Taber, Barnwell, or Vauxhall, or as otherwise specified in an adopted Intermunicipal Development Plan; (b) within one mile of a designated hamlet, locality or grouped country residential district; (c) within one mile of a public park, recreation area or private commercial recreation district; (d) within one-half mile of an existing or approved rural residence, public institutional use or intensive agricultural operation; (e) within one-half mile either side of a provincial highway; (f) adjacent to a waterbody; unless the Development Authority is satisfied that adequate measures and high operational standards will be undertaken and maintained to minimize any nuisance, hazard or noxious effect on vicinity land uses. 7 SITE AND SERVICING REQUIREMENTS Refer to Part 4 Site and Servicing Requirements 8 GENERAL STANDARDS OF DEVELOPMENT Refer to Part 5 General Standards of Development 9 USE SPECIFIC STANDARDS OF DEVELOPMENT Ancillary Buildings, Structures and Uses - Part 6, Section 1 Anhydrous Ammonia Bulk Storage Facility - Part 6, Section 2 Animal Care and Boarding - Part 6, Section 3 62 Municipal District of Taber Land Use Bylaw No. 2011 P a r t 3 : L a n d U s e D i s t r i c t s - G r o u p e d R u r a l I n d u s t r i a l - G R I 62 Municipal District of Taber Land Use Bylaw No. 2011 Cannabis Production Facility - Part 6, Section 4 Coverall/Fabric Buildings - Part 6, Section 5 Dugouts - Part 6, Section 6 Meteorological Towers - Part 6, Section 16 Outdoor Storage - Part 6, Section 17 Personal Workshop and Storage Building - Part 6, Section 18 Shipping Containers - Part 6, Section 20 Signs - Part 7 Surveillance Suites - Part 6, Section 22 Solar Energy Systems - Part 9 Wind Energy Conversion Systems - Part 8 Work Camps - Part 6, Section 26 10 AREA STRUCTURE PLAN REQUIREMENTS 10.1 Pursuant to the Municipal Development Plan and Part 5, Section 1 of this Bylaw, an Area Structure Plan or Conceptual Design Scheme may be a requirement of any application to designate land to the Grouped Rural Industrial District or to undertake subdivision or development within the district. 10.2 Where an adopted Area Structure Plan (ASP) establishes standards applicable to lots within the GRI District, such standards prevail and cannot be varied by the Development Authority unless specified otherwise within the ASP. P a r t 3 : L a n d U s e D i s t r i c t s - G r o u p e d C o u n t r y R e s i d e n t i a l - G C R Municipal District of Taber Land Use Bylaw No. 2011 63 GROUPED COUNTRY RESIDENTIAL - GCR 1 PURPOSE 1.1 The purpose of the GCR District is to allow for quality comprehensively planned clustered, multi-lot country residential development, ideally on fragmented or poor agricultural land, and where conflicts with vicinity lands, uses, and capabilities are minimal and the safe, efficient operation of the road network, agricultural operations, and urban expansion strategies are not compromised. 2 USES 2.1 Permitted Uses Use Specific Standards Ancillary Buildings and Structures Part 6, Section 1 Dwelling:  Primary Single-detached Dwelling1 (Site Built or Prefabricated New only) Part 6, Sections 8, 9 Home Occupation Class A Part 6, Section 14 Shipping Container Class A Part 6, Section 20 Solar Energy System Class A Roof-mount Part 9 1 Prefabricated Used and Moved-In are classified as a Discretionary Use 2.2 Discretionary Uses Use Specific Standards Coverall/Fabric Buildings Part 6, Section 5 Dugout Part 6, Section 6 Dwelling:  Moved-In  Prefabricated Used  Garden Suite2  Secondary Suite2 Part 6, Sections 8 - 12 Home Occupation Class B Part 6, Section 14 Manufactured Home Park Part 6, Section 15 Moved-In Buildings Parks and Open Space Areas Public Utilities Installations Recreational Facilities (Non-commercial only) Signs Part 7 Similar Uses Solar Energy System Class A Ground-mount and Wall-mount Part 8 2 Where an Area Structure Plan (ASP) has been adopted, garden suites and secondary suites are prohibited uses unless prescribed otherwise within the ASP. 2.3 Prohibited Uses Primary Agriculture Class A Recreational Facilities (Commercial) Rural Industrial Class B and C Shipping Container Class B Any use not listed as a Permitted or Discretionary use or deemed a Similar Use by the Development Authority in accordance with Part 1, Section 22 Similar Use 64 Municipal District of Taber Land Use Bylaw No. 2011 P a r t 3 : L a n d U s e D i s t r i c t s - G r o u p e d C o u n t r y R e s i d e n t i a l - G C R 64 Municipal District of Taber Land Use Bylaw No. 2011 3 MINIMUM LOT SIZE REQUIREMENTS 3.1 Unless established otherwise in an adopted Area Structure Plan, the minimum lot size requirements within the GCR district are as follows: Use Width Length Area All uses As required by the Development Authority As required by the Development Authority 2.0 acres (0.81 ha) or greater of developable area as may be required by the Development Authority 4 MINIMUM SETBACK REQUIREMENTS 4.1 Unless established otherwise in an adopted Area Structure Plan, the minimum setback requirements within the GCR district are as follows: (a) Use Local Internal Subdivision Road Setback1,2 (from property line) All Other Road Setback1,2 (from property line) Side Yard Rear Yard Dwellings 50 ft. (15.24 m) 100 ft. (30.48 m) 20 ft. (6.09 m) 20 ft. (6.09 m) Ancillary Buildings and Structures 50 ft. (15.24 m) 100 ft. (30.48 m) 10 ft. (3.05 m) 10 ft. (3.05 m) Discretionary Uses 50 ft. (15.24 m) 100 ft. (30.48 m) As required by the MPC Dugouts 100 ft. (30.48 m) 100 ft. (30.48 m) 50 ft. (15.24 m) 50 ft. (15.24 m) Shelterbelts (Trees/Bushes) 20 ft. (6.09 m) 50 ft. (15.24 m) 0 ft. (0 m) 0 ft. (0 m) 1 Includes undeveloped road allowances. 2 Refer to Part 4, Section 4 Setback from Public Roads, Section 5 Setback from Local Internal Subdivision Roads - Rural and Section 7 Intersection Sight Triangle Setbacks for complete road setback requirements, including setbacks from provincial highways. (b) Development on corner lots is also subject to a 100 ft (30.48 m) intersection sight triangle requirement on local internal subdivision roads and the 280 ft (85.4 m) intersection sight triangle requirements on all other roads in accordance with Part 4, Section 7, for all development, including shelterbelts (trees/ bushes). (c) Development may also be subject to additional setback requirements as prescribed within: Site and Servicing Requirements: Part 4 General Standards of Development Part 5 Use Specific Standards of Development: Part 6 P a r t 3 : L a n d U s e D i s t r i c t s - G r o u p e d C o u n t r y R e s i d e n t i a l - G C R Municipal District of Taber Land Use Bylaw No. 2011 65 5 MAXIMUM HEIGHT, SQUARE FOOTAGE, AND NUMBER OF BUILDINGS 5.1 Unless established otherwise in an adopted Area Structure Plan, the maximum height and square footage requirements of buildings within the GCR District are as follows: Use Maximum Height (feet) Maximum Square Footage Per Structure (square feet) Dwellings (except Garden Suite) 33 (ground to peak) not applicable Garden Suite As required by the MPC 800 Ancillary buildings on a lot < 2 acres in size 24 (ground to peak) 1,600 Ancillary buildings on a lot 2 acres to 5 acres in size 24 (ground to peak) 2,400 Ancillary buildings on a lot >5 acres in size 24 (ground to peak) 3,200 5.2 Unless established otherwise in an adopted Area Structure Plan, the combined total area and maximum number of all ancillary buildings on a lot within the GCR District are as follows: Use Combined Total of All Ancillary Buildings Per Lot (square feet) Maximum Number of Ancillary Buildings Per Lot Ancillary buildings on a lot < 2 acres in size 1,800 3 Ancillary buildings on a lot 2 acres to 5 acres in size 2,800 3 Ancillary buildings on a lot >5 acres in size 3,800 3 6 SITE AND SERVICING REQUIREMENTS Refer to Part 4 Site and Servicing Requirements 7 GENERAL STANDARDS OF DEVELOPMENT Refer to Part 5 General Standards of Development 8 USE SPECIFIC STANDARDS OF DEVELOPMENT Ancillary Buildings, Structures and Uses - Part 6, Section 1 Coverall/Fabric Buildings - Part 6, Section 5 Dugouts - Part 6, Section 6 66 Municipal District of Taber Land Use Bylaw No. 2011 P a r t 3 : L a n d U s e D i s t r i c t s - G r o u p e d C o u n t r y R e s i d e n t i a l - G C R 66 Municipal District of Taber Land Use Bylaw No. 2011 Dwellings: Site Built - Part 6, Section 8 Prefabricated - Part 6, Section 9 Moved-in - Part 6, Section 10 Garden Suites - Part 6, Section 11 Secondary Suites - Part 6, Section 12 Home Occupations - Part 6, Section 14.1 Manufactured Home Park - Part 6, Section 15 Shipping Containers - Part 6, Section 20 Signs - Part 7 Solar Energy Systems - Part 9 9 KEEPING OF ANIMALS/ LIVESTOCK 9.1 Where addressed within an adopted Area Structure Plan, the allowances for keeping of animals/livestock on lots within the GCR District are as stipulated within the applicable Area Structure Plan. 9.2 Where an Area Structure Plan does not address the keeping of animals/livestock or in the absence of an Area Structure Plan, the allowances for keeping of animals/livestock on lots within the GCR District are as stipulated in the Municipal District of Taber's Animal Control Bylaw. 9.3 Animal shelters, barns, and other similar structures are classified as ancillary buildings and are subject to the requirements of Section 5 Maximum Height, Square Footage and Number of Buildings within the GCR District and use specific standards for Ancillary Buildings, Structures and Uses in Part 6, Section 1. 9.4 Landowners shall be responsible for ensuring proper manure storage, disposal and management on lots where livestock are kept. 10 AREA STRUCTURE PLAN REQUIREMENTS 10.1 Pursuant to the Municipal Development Plan and Part 5, Section 1 of this Bylaw, an Area Structure Plan: (a) shall be a requirement of any application to designate (zone) land to the Grouped Country Residential District or to undertake subdivision within the district; (b) may be a requirement to undertake development within the district. 10.2 Where an adopted Area Structure Plan (ASP) establishes standards applicable to lots within the GCR District, such standards prevail and cannot be varied by the Development Authority unless specified otherwise within the ASP. P a r t 3 : L a n d U s e D i s t r i c t s - G r o u p e d C o u n t r y R e s i d e n t i a l - G C R Municipal District of Taber Land Use Bylaw No. 2011 67 11 GCR DISTRICT DESIGNATION CRITERIA 11.1 The designation of Grouped Country Residential districts within: (a) five miles of Taber; (b) two miles of Vauxhall; (c) one mile of Barnwell or a designated hamlet or locality; should be encouraged in keeping with the intent of the municipality's Municipal Development Plan provided the requirements of that plan and the following can be satisfied: (i) the suitability of the land for the use; (ii) the availability of alternative land for the use (i.e. hamlets); (iii) the relationship of the use to vicinity uses; (iv) the environmental impact of the use; (v) the provision of direct, safe, legal and physical access; (vi) the impact of the use on the road network; (vii) the comments and concerns of any municipality, public agency or department or nearby landowner which, in the opinion of the Municipal District of Taber, may be affected; (viii) consistency with an adopted Intermunicipal Development Plan, as applicable. 11.2 The designation of Grouped Country Residential districts within: (a) one mile of a licensed airport; (b) the minimum distance separation calculation from any existing or approved confined feeding operation; (c) one-half mile of a Class B industry or other industrial use which, in the opinion of the Municipal District of Taber, may be potentially detrimental to a residential environment; (d) one-half mile of a regionally significant area; should be discouraged unless the criteria in section 11.1(i-viii) can be met to the satisfaction of the Municipal District of Taber Council. 11.3 Where an adopted Area Structure Plan is in effect on lands designated Grouped Country Mixed-Use - GCM, redesignation from GCM to the GCR District requires amendment to the Area Structure Plan to support the proposed change in use and all parcels designated GCM within the ASP boundary must be included in the redesignation to GCR. P a r t 3 : L a n d U s e D i s t r i c t s - G r o u p e d C o u n t r y M i x e d - U s e - G C M Municipal District of Taber Land Use Bylaw No. 2011 69 GROUPED COUNTRY MIXED-USE - GCM 1 PURPOSE 1.1 The purpose of the GCM District is to allow for small-scale business opportunities in conjunction with residential development within quality comprehensively planned clustered, multi-lot country residential development, ideally on fragmented or poor agricultural land, and where conflicts with vicinity lands, uses, and capabilities are minimal and the safe, efficient operation of the road network, agricultural operations, and urban expansion strategies are not compromised. 2 USES 2.1 Permitted Uses Use Specific Standards Ancillary Buildings and Structures Part 6, Section 1 Dwelling:  Primary Single-detached Dwelling1 (Site Built or Prefabricated New only) Part 6, Sections 8, 9 Home Occupation Class A Part 6, Section 14 Shipping Container Class A Part 6, Section 20 Solar Energy System Class A Roof-mount Part 9 1 Prefabricated Used and Moved-In are classified as a Discretionary Use 2.2 Discretionary Uses Use Specific Standards Coverall/Fabric Buildings Part 6, Section 5 Day Care Dugout Part 6, Section 6 Dwelling:  Moved-In  Prefabricated Used  Garden Suite2  Secondary Suite2 Part 6, Sections 8 - 12 Home Occupation Class B Part 6, Section 14 Manufactured Home Park Part 6, Section 15 Moved-In Buildings Parks and Open Space Areas Personal Services Public Utilities Installations Recreational Facilities (Non-commercial only) Rural Industrial Class C in conjunction with an approved residential use3 Shipping Container Class B Part 6, Section 20 Signs Part 7 Similar Uses Solar Energy System Class A Ground-mount and Wall-mount Part 9 2 Where an Area Structure Plan (ASP) has been adopted, garden suites and secondary suites are prohibited uses unless prescribed otherwise within the ASP. 3 Residential use must be established as a principal use on the lot with an occupied dwelling 70 Municipal District of Taber Land Use Bylaw No. 2011 P a r t 3 : L a n d U s e D i s t r i c t s - G r o u p e d C o u n t r y M i x e d - U s e - G C M 70 Municipal District of Taber Land Use Bylaw No. 2011 2.3 Prohibited Uses Bulk Fuel Stations Mini-Storage Primary Agriculture Class A Recreational Facilities (Commercial) Rural Industrial Class B Any use not listed as a Permitted or Discretionary use or deemed a Similar Use by the Development Authority in accordance with Part 1, Section 22 Similar Use 3 MINIMUM PARCEL SIZE 3.1 Unless established otherwise in an adopted Area Structure Plan, the minimum lot size requirements within the GCM District are as follows: Use Width Length Area All uses As required by the Development Authority As required by the Development Authority 2.0 acres (0.81 ha) or greater of developable area as may be required by the Development Authority 4 MINIMUM SETBACK REQUIREMENTS 4.1 Unless established otherwise in an adopted Area Structure Plan, the minimum setback requirements within the GCM District are as follows: (a) Use Local Internal Subdivision Road Setback1,2 (from property line) All Other Road Setback1,2 (from property line) Side Yard Rear Yard Dwellings 50 ft. (15.24 m) 100 ft. (30.48 m) 20 ft. (6.09 m) 20 ft. (6.09 m) Ancillary Buildings and Structures 50 ft. (15.24 m) 100 ft. (30.48 m) 10 ft. (3.05 m) 10 ft. (3.05 m) Discretionary Uses 50 ft. (15.24 m) 100 ft. (30.48 m) As required by MPC Dugouts 100 ft. (30.48 m) 100 ft. (30.48 m) 50 ft. (15.24 m) 50 ft. (15.24 m) Shelterbelts (Trees/Bushes) 20 ft. (6.09 m) 50 ft. (15.24 m) 0 ft. (0 m) 0 ft. (0 m) 1 Includes undeveloped road allowances. 2 Refer to Part 4, Section 4 Setback from Public Roads, Section 5 Setback from Local Internal Subdivision Roads - Rural and Section 7 Intersection Sight Triangle Setbacks for complete road setback requirements, including setbacks from provincial highways. (b) Development on corner lots is also subject to a 100 ft (30.48 m) intersection sight triangle requirement on local internal subdivision roads and the 280 ft (85.4 m) intersection sight triangle requirements on all other roads in accordance with Part 4, Section 7 for all development, including shelterbelts (trees/bushes). P a r t 3 : L a n d U s e D i s t r i c t s - G r o u p e d C o u n t r y M i x e d - U s e - G C M Municipal District of Taber Land Use Bylaw No. 2011 71 (c) Development may also be subject to additional setback requirements as prescribed within: Site and Servicing Requirements: Part 4 General Standards of Development: Part 5 Use Specific Standards of Development: Part 6 5 MAXIMUM HEIGHT, SQUARE FOOTAGE, AND NUMBER OF BUILDINGS 5.1 Unless established otherwise in an adopted Area Structure Plan, the maximum height and size requirements of buildings within the GCM District are as follows: Use Maximum Height (feet) Maximum Square Footage Per Structure (square feet) Dwellings (except Garden Suite) 33 (ground to peak) not applicable Garden Suite As required by the MPC 800 Ancillary buildings on a lot 2 acres to 5 acres in size 24 (ground to peak) 4,000 Ancillary buildings on a lot >5 acres in size 24 (ground to peak) 4,000 5.2 Unless established otherwise in an adopted Area Structure Plan, the combined total area and maximum number of all ancillary buildings on a lot within the GCM District are as follows: Use Combined Total of All Ancillary Buildings Per Lot(square feet) Maximum Number of Ancillary Buildings Per Lot Ancillary buildings on a lot 2 acres to 5 acres in size 4,000 4 Ancillary buildings on a lot >5 acres in size 4,000 4 6 SITE AND SERVICING REQUIREMENTS Refer to Part 4 Site and Servicing Requirements 7 GENERAL STANDARDS OF DEVELOPMENT Refer to Part 5 General Standards of Development 8 RURAL INDUSTRIAL CLASS C STANDARDS 8.1 A maximum of one Rural Industrial Class C use in conjunction with an approved residential use may be permitted on a lot at the discretion of the Municipal Planning Commission. 72 Municipal District of Taber Land Use Bylaw No. 2011 P a r t 3 : L a n d U s e D i s t r i c t s - G r o u p e d C o u n t r y M i x e d - U s e - G C M 72 Municipal District of Taber Land Use Bylaw No. 2011 8.2 Buildings proposed for use in conjunction with a Rural Industrial Class C use are subject to the ancillary building requirements in Section 5 and the minimum setback requirements for Discretionary Uses in Section 4. 8.3 A Rural Industrial Class C use shall not be approved on a lot without a residential use in the form of an occupied dwelling having first been established as the principal use. The dwelling shall be maintained and occupied as a principal residence as a condition of development approval. 8.4 A Rural Industrial Class C use shall not be approved on a lot unless the Municipal Planning Commission is satisfied that adequate measures and high operational standards will be undertaken and maintained to ensure compatibility with surrounding uses and minimize potential for nuisance on vicinity land uses. 8.5 Outdoor storage and operations in association with a Rural Industrial Class C use may be prohibited at the discretion of the Municipal Planning Commission. 9 OTHER USE SPECIFIC STANDARDS OF DEVELOPMENT Ancillary Buildings, Structures and Uses - Part 6, Section 1 Coverall/Fabric Buildings - Part 6, Section 5 Dugouts - Part 6, Section 6 Dwellings: Site Built - Part 6, Section 8 Prefabricated - Part 6, Section 9 Moved-in - Part 6, Section 10 Garden Suites - Part 6, Section 11 Secondary Suites - Part 6, Section 12 Home Occupations - Part 6, Section 14.1 Manufactured Home Park - Part 6, Section 15 Shipping Containers - Part 6, Section 20 Signs - Part 7 Solar Energy Systems - Part 9 10 KEEPING OF ANIMALS/LIVESTOCK 10.1 The allowances for keeping of animals/livestock on lots within the GCM District are as stipulated in the Municipal District of Taber's Animal Control Bylaw. 10.2 Animal shelters, barns, and other similar structures are classified as ancillary buildings and are subject to the requirements of Section 5 Maximum Height, Square Footage and Number of Buildings within the GCM District and use specific standards for Ancillary Buildings, Structures and Uses in Part 6, Section 1. 10.3 Landowners shall be responsible for ensuring proper manure storage, disposal and management on lots where livestock are kept. P a r t 3 : L a n d U s e D i s t r i c t s - G r o u p e d C o u n t r y M i x e d - U s e - G C M Municipal District of Taber Land Use Bylaw No. 2011 73 11 AREA STRUCTURE PLAN REQUIREMENTS 11.1 Pursuant to the Municipal Development Plan and Part 5, Section 1 of this Bylaw, an Area Structure Plan: (a) shall be a requirement of any application to designate (zone) land to the Grouped Country Mixed-Use District or to undertake subdivision within the district; (b) may be a requirement to undertake development within the district. 11.2 Where an adopted Area Structure Plan (ASP) establishes standards applicable to lots within the GCM District, such standards prevail and cannot be varied by the Development Authority unless specified otherwise within the ASP. 12 GCM DISTRICT DESIGNATION CRITERIA 12.1 The designation of Grouped Country Mixed-Use districts within: (a) five miles of Taber; (b) two miles of Vauxhall; (c) one mile of Barnwell or a designated hamlet or locality; should be encouraged in keeping with the intent of the municipality's Municipal Development Plan provided the requirements of that plan and the following can be satisfied: (i) the suitability of the land for the use; (ii) the availability of alternative land for the use (i.e. hamlets); (iii) the relationship of the use to vicinity uses; (iv) the environmental impact of the use; (v) the provision of direct, safe, legal and physical access; (vi) the impact of the use on the road network; (vii) the comments and concerns of any municipality, public agency or department or nearby landowner which, in the opinion of the Municipal District of Taber, may be affected; (viii) consistency with an adopted Intermunicipal Development Plan, as applicable. 12.2 The designation of Grouped Country Mixed-Use districts within: (a) one mile of a licensed airport; (b) the minimum distance separation calculation from any existing or approved confined feeding operation; (c) one-half mile of a Class B industry or other industrial use which, in the opinion of the Municipal District of Taber, may be potentially detrimental to a residential environment; (d) one-half mile of a regionally significant area; should be discouraged unless the criteria in section 12.1(i-viii) can be met to the satisfaction of the Municipal District of Taber. 74 Municipal District of Taber Land Use Bylaw No. 2011 P a r t 3 : L a n d U s e D i s t r i c t s - G r o u p e d C o u n t r y M i x e d - U s e - G C M 74 Municipal District of Taber Land Use Bylaw No. 2011 12.3 Where an adopted Area Structure Plan is in effect on lands designated Grouped Country Residential - GCR, redesignation from GCR to the GCM District requires amendment to the Area Structure Plan to support the proposed change in use and all parcels designated GCR within the ASP boundary must be included in the redesignation to GCM. P a r t 3 : L a n d U s e D i s t r i c t s - R u r a l H i g h w a y C o m m e r c i a l - R H C Municipal District of Taber Land Use Bylaw No. 2011 75 RURAL HIGHWAY COMMERCIAL - RHC 1 PURPOSE 1.1 The purpose of the RHC District is to allow for commercial development that serves the traveling public and residents, located in areas fronting a public highway that will not compromise the protection and enhancement of the agricultural land base and uses or the safe, efficient operation of the road network, including provincial highways. 2 USES 2.1 Permitted Uses Use Specific Standards Ancillary Buildings and Structures Part 6, Section 1 Shipping Container Class A Part 6, Section 20 Signs Class A Part 7 Solar Energy Systems:  Class A Roof-mount  Class B Roof-mount Part 9 2.2 Discretionary Uses Use Specific Standards Ancillary Uses Part 6, Section 1 Animal Care and Boarding Part 6, Section 3 Convenience Store Coverall/Fabric Buildings Part 6, Section 5 Day Care Drive-thru/Drive-in Dugout Part 6, Section 6 Equipment, Machinery, and Vehicle Sales Rental and Service Garden Centre Government Service Household Repair Services Licensed Premises Motel/Hotel Moved-In Buildings Personal Services Professional, Financial, and Office Support Services Public Utilities Installations Residential Accommodation in Conjunction with an Approved Commercial Use Restaurant Rest Stop Retail Store Service Station/Gas Bar Shipping Container Class B Part 6, Section 20 Shopping Centre Signs Part 7 Similar Uses 76 Municipal District of Taber Land Use Bylaw No. 2011 P a r t 3 : L a n d U s e D i s t r i c t s - R u r a l H i g h w a y C o m m e r c i a l - R H C 76 Municipal District of Taber Land Use Bylaw No. 2011 2.2 Discretionary Uses (continued) Use Specific Standards Solar Energy Systems:  Class A Ground-mount and Wall-mount  Class B Ground-mount and Wall-mount Part 9 Tourist Centre Truck/Car Wash 2.3 Prohibited Uses Any use not listed as a Permitted or Discretionary use or deemed a Similar Use by the Development Authority in accordance with Part 1, Section 22 Similar Use 3 MINIMUM LOT SIZE REQUIREMENTS 3.1 Unless established otherwise in an adopted Area Structure Plan, the lot size requirements within the RHC District are as follows: Use Width Length Area Minimum Maximum Minimum Maximum All uses 200 ft (60.96m) 600 ft (182.88m) 150 ft (45.72m) 500 ft (152.40m) 2 acres (0.81 ha) 4 MINIMUM SETBACK REQUIREMENTS 4.1 Unless established otherwise in an adopted Area Structure Plan, the minimum setback requirements in the RHC District are as follows: Use Local Internal Subdivision Road Setback1,2 (from property line) All Other Roads Setback1,2 (from property line) Side Yard Rear Yard Permitted Uses 50 ft. (15.24 m) 100 ft. (30.48 m) 20 ft. (6.09 m) 20 ft. (6.09 m) Discretionary Uses 50 ft. (15.24 m) 100 ft. (30.48 m) As Required by MPC Dugouts 100 ft. (30.48 m) 100 ft. (30.48 m) 50 ft. (15.24 m) 50 ft. (15.24 m) Shelterbelts (Trees/Bushes) 20 ft. (6.09 m) 50 ft. (15.24 m) 0 ft. (0 m) 0 ft. (0 m) 1 Includes undeveloped road allowances. 2 Refer to Part 4, Section 4 Setback from Public Roads, Section 5 Setback from Local Internal Subdivision Roads - Rural and Section 7 Intersection Sight Triangle Setbacks for complete road setback requirements, including setbacks from provincial highways. (b) Development on corner lots is also subject to a 100 ft (30.48 m) intersection sight triangle requirement on local internal subdivision roads and the 280 ft (85.4 m) intersection sight triangle requirements on all other roads in accordance with Part 4, Section 7 for all development, including shelterbelts (trees/bushes). P a r t 3 : L a n d U s e D i s t r i c t s - R u r a l H i g h w a y C o m m e r c i a l - R H C Municipal District of Taber Land Use Bylaw No. 2011 77 (c) Development may also be subject to additional setback requirements as prescribed within: Site and Servicing Requirements: Part 4 General Standards of Development: Part 5 Use Specific Standards of Development: Part 6 5 MAXIMUM HEIGHT AND SITE COVERAGE REQUIREMENTS 5.1 Unless stipulated otherwise in an adopted Area Structure Plan or elsewhere in this Bylaw, the maximum height and site coverage requirements for permitted and discretionary uses are as required by the Development Authority. 5.2 The maximum site coverage for principal and ancillary buildings (combined total) is 60%. 6 SITE AND SERVICING REQUIREMENTS Refer to Part 4 Site and Servicing Requirements 7 GENERAL STANDARDS OF DEVELOPMENT Refer to Part 5 General Standards of Development 8 USE SPECIFIC STANDARDS OF DEVELOPMENT Ancillary Buildings, Structures and Uses - Part 6, Section 1 Animal Care and Boarding - Part 6, Section 3 Coverall/Fabric Buildings - Part 6, Section 5 Dugouts - Part 6, Section 6 Outdoor Storage - Part 6, Section 17 Shipping Containers - Part 6, Section 20 Signs - Part 7 Solar Energy Systems - Part 9 9 AREA STRUCTURE PLAN REQUIREMENTS 9.1 Pursuant to the Municipal Development Plan and Part 5, Section 1 of this Bylaw, an Area Structure Plan or Conceptual Design Scheme may be a requirement of any application to zone land to the Rural Highway Commercial District or to undertake subdivision or development within the district. 9.2 Where an adopted Area Structure Plan (ASP) establishes standards applicable to lots within the RHC District, such standards prevail and cannot be varied by the Development Authority unless specified otherwise within the ASP. P a r t 3 : L a n d U s e D i s t r i c t s - P r i v a t e C o m m e r c i a l R e c r e a t i o n - P C R Municipal District of Taber Land Use Bylaw No. 2011 79 PRIVATE COMMERCIAL RECREATION - PCR 1 PURPOSE 1.1 The purpose of the PCR District is to accommodate private commercial recreation developments within specially designated districts typically on fragmented or poor agricultural land while avoiding the creation of unplanned strip development along a highway, ensuring the use will not detract from the surrounding landscape or negatively affect a regionally significant area, and minimizing conflict with vicinity uses, particularly agricultural uses. 2 USES 2.1 Permitted Uses Use Specific Standards Ancillary Buildings and Structures Part 6, Section 1 Parks and Open Space Areas Shipping Container Class A Part 6, Section 20 Signs Class A Part 7 Solar Energy Systems:  Class A Roof-mount  Class B Roof-mount Part 9 2.2 Discretionary Uses Use Specific Standards Ancillary Uses Part 6, Section 1 Campgrounds Convenience Store Coverall/Fabric Buildings Part 6, Section 5 Drive-In Theatre Dugout Part 6, Section 6 Employee Housing Part 6, Section 13 Golf Courses and Clubhouses Guest Ranch/Lodge Licensed Premises Motel/Hotel Motor Sports Park Moved-In Buildings Park Model Trailers (Seasonal use only) Performance and Events Centre Public Assembly Public Utilities Installations Recreational Facilities Residential Accommodation in Conjunction with an Approved Commercial Recreation Use Restaurant Riding Stables and Rodeo Grounds Shipping Container Class B Part 6, Section 20 Shooting Range Facility Signs Part 7 80 Municipal District of Taber Land Use Bylaw No. 2011 P a r t 3 : L a n d U s e D i s t r i c t s - P r i v a t e C o m m e r c i a l R e c r e a t i o n - P C R 80 Municipal District of Taber Land Use Bylaw No. 2011 2.2 Discretionary Uses (continued) Use Specific Standards Similar Uses Solar Energy Systems:  Class A Ground-mount and Wall-mount  Class B Ground-mount and Wall-mount Part 9 Tourist Centre 2.3 Prohibited Uses Any use not listed as a Permitted or Discretionary use or deemed a Similar Use by the Development Authority in accordance with Part 1, Section 22 Similar Use 3 MINIMUM LOT SIZE REQUIREMENTS 3.1 Unless established otherwise in an adopted Area Structure Plan, the minimum lot size requirements within the PCR District are as follows: Use Width Length Area All uses As required by the Development Authority As required by the Development Authority 2 acres (0.81 ha) or greater as required by the Development Authority 4 MINIMUM SETBACK REQUIREMENTS 4.1 Unless established otherwise in an adopted Area Structure Plan, the minimum setback requirements in the PCR District are as follows: (a) Use Local Internal Subdivision Road Setback1,2 (from property line) All Other Roads Setback1,2 (from property line) Side Yard Rear Yard Permitted Uses 50 ft. (15.24 m) 100 ft. (30.48 m) 20 ft. (6.09 m) 20 ft. (6.09 m) Discretionary Uses 50 ft. (15.24 m) 100 ft. (30.48 m) As required by the MPC Dugouts 100 ft. (30.48 m) 100 ft. (30.48 m) 50 ft (15.24 m) 50 ft (15.24 m) Shelterbelts (Trees/Bushes) 20 ft. (6.09 m) 50 ft. (15.24 m) 0 ft. (0 m) 0 ft. (0 m) 1 Includes undeveloped road allowances. 2 Refer to Part 4, Section 4 Setback from Public Roads, Section 5 Setback from Local Internal Subdivision Roads - Rural and Section 7 Intersection Sight Triangle Setbacks for complete road setback requirements, including setbacks from provincial highways. (b) Development on corner lots is also subject to a 100 ft (30.48 m) intersection sight triangle requirement on local internal subdivision roads and the 280 ft (85.4 m) intersection sight triangle requirements on all other roads in accordance with Part 4, Section 7 for all development, including shelterbelts (trees/bushes). P a r t 3 : L a n d U s e D i s t r i c t s - P r i v a t e C o m m e r c i a l R e c r e a t i o n - P C R Municipal District of Taber Land Use Bylaw No. 2011 81 (c) Development may also be subject to additional setback requirements as prescribed within: Site and Servicing Requirements: Part 4 General Standards of Development: Part 5 Use Specific Standards of Development: Part 6 5 MAXIMUM HEIGHT AND SITE COVERAGE REQUIREMENTS 5.1 Unless stipulated otherwise in an adopted Area Structure Plan or elsewhere in this Bylaw, the maximum height and site coverage requirements for permitted and discretionary uses are as required by the Development Authority. 6 SITE AND SERVICING REQUIREMENTS Refer to Part 4 Site and Servicing Requirements 7 GENERAL STANDARDS OF DEVELOPMENT Refer to Part 5 General Standards of Development 8 USE SPECIFIC STANDARDS OF DEVELOPMENT Ancillary Buildings, Structures and Uses - Part 6, Section 1 Coverall/Fabric Buildings - Part 6, Section 5 Dugouts - Part 6, Section 6 Employee Housing - Part 6, Section 13 Outdoor Storage - Part 6, Section 17 Shipping Containers - Part 6, Section 20 Signs - Part 7 Solar Energy Systems - Part 9 9 AREA STRUCTURE PLAN REQUIREMENTS 9.1 Pursuant to the Municipal Development Plan and Part 5, Section 1 of this Bylaw, an Area Structure Plan or Conceptual Design Scheme may be a requirement of any application to zone land to the Private Commercial Recreation District or to undertake subdivision or development within the district. 9.2 Where an adopted Area Structure Plan (ASP) establishes standards applicable to lots within the PCR District, such standards prevail and cannot be varied by the Development Authority unless specified otherwise within the ASP. P a r t 3 : L a n d U s e D i s t r i c t s - H a m l e t R e s i d e n t i a l - H R Municipal District of Taber Land Use Bylaw No. 2011 83 HAMLET RESIDENTIAL - HR 1 PURPOSE 1.1 The purpose of the HR District is to protect and conserve better agricultural land for agricultural use and minimize the potential for rural land use conflicts by providing for concentrated residential developments with variety in housing options within the designated boundaries of established hamlets. 2 USES 2.1 Permitted Uses Use Specific Standards Ancillary Residential Buildings and Structures Part 6, Section 1 Dwelling:  Primary Single-detached Dwelling1 (Site Built only) Part 6, Section 8 Home Occupation Class A Part 6, Section 14 Shipping Container Class A Part 6, Section 20 Solar Energy System Class A Roof-mount Part 9 1 Prefabricated New and Used and Moved-In are classified as a Discretionary Use 2.2 Discretionary Uses Use Specific Standards Ancillary Buildings and Structures Part 6, Section 1 Ancillary Uses Part 6, Section 1 Coverall/Fabric Buildings Part 6, Section 5 Dwelling:  Moved-in  Prefabricated New and Used  Duplex  Semi-detached  Multi-unit  Row or Townhouse  Garden Suite  Secondary Suite Part 6, Section 8 - 12 Home Occupations Class B Part 6, Section 14 Lodging and Boarding House Manufactured Home Parks Part 6, Section 15 Moved-in Buildings Parks and Open Space Areas Places of Worship Public Utilities Installations Recreational Facilities (Non-commercial only) Shipping Container Class B Part 6, Section 20 Supportive Housing Similar Uses Solar Energy System Class A Ground-mount and Wall-mount Part 9 2.3 Prohibited Uses Recreational Facilities (Commercial) Any use not listed as a Permitted or Discretionary use or deemed a Similar Use by the Development Authority in accordance with Part 1, Section 22 Similar Use 84 Municipal District of Taber Land Use Bylaw No. 2011 P a r t 3 : L a n d U s e D i s t r i c t s - H a m l e t R e s i d e n t i a l - H R 84 Municipal District of Taber Land Use Bylaw No. 2011 3 MINIMUM LOT SIZE REQUIREMENTS 3.1 The minimum lot size requirements for lots serviced with municipal water and sewer within the HR district are as follows: Use Width Length Area ft m ft m ft2 m2 Single- detached Dwelling (All Types) 50 15.24 100 30.48 5,000 464.52 Duplex and Semi-detached Dwellings 70 21.33 100 30.48 7000 650.32 Multi - unit Dwellings 100 30.48 100 30.48 10,000 929.03 Row or Town Housing - interior unit 25 7.62 100 30.48 2,500 232.26 - end unit 40 12.19 100 30.48 4,000 371.61 All others As required by the Development Authority 3.2 The minimum lot size requirement for lots not serviced or partially serviced with municipal water and sewer within the HR district is 2 acres (0.81 ha) or greater as required by the Development Authority, where allowed in accordance with Part 4, Section 14 Servicing Standards. 4 MINIMUM SETBACK REQUIREMENTS 4.1 The minimum setback requirements within the HR district are as follows: Use Front Yard Corner Lot Secondary Front Yard Side Yard Rear Yard ft m ft m ft m ft m Single-detached Dwelling (Site Built and Moved-In) 25 7.62 15 4.57 5 1.52 25 7.62 Prefabricated Dwelling1,2 25 7.62 15 4.57 15 main entrance 4.57 10 3.05 7.5 other side 2.29 Duplex and Semi-detached Dwellings 25 7.62 15 4.57 5 1.52 25 7.62 Multi-unit Dwellings 30 9.14 20 6.10 20 6.10 30 9.14 Row or Town Housing 25 7.62 15 4.57 10 3.05 25 7.62 Ancillary Buildings and Structures Same as Principal Building 1.52 5 5 1.52 All others As required by the Development Authority 1 A double-wide manufactured home oriented with the longest dimension facing the front lot line may have the same minimum setback requirements as a single-detached dwelling. 2 Modular and Ready-to-Move dwellings developed in a like manner to a conventional site-built dwelling shall have the same minimum setback requirements as a single-detached dwelling. P a r t 3 : L a n d U s e D i s t r i c t s - H a m l e t R e s i d e n t i a l - H R Municipal District of Taber Land Use Bylaw No. 2011 85 4.2 Additional corner lot restrictions are as stipulated in Part 4, Section 8 Intersection Sight Triangle Setbacks for all development. 4.3 Development may also be subject to additional setback requirements as prescribed within: Site and Servicing Requirements: Part 4 General Standards of Development: Part 5 Use Specific Standards of Development: Part 6 5 MAXIMUM SITE COVERAGE AND BUILDING SIZE 5.1 Maximum site coverage for principal and ancillary buildings (combined total): 45% 5.2 Maximum size of an ancillary building or structure: 840 ft2 (78.03m2) 5.3 Maximum number of ancillary buildings or structures per lot: 3 6 BUILDING HEIGHT AND MINIMUM FLOOR AREA REQUIREMENTS 6.1 The maximum building height and minimum floor area requirements within the HR District are as follows: Use Maximum Height Minimum Floor Area ft m ft2 m2 Single-detached Dwelling (Site Built and Moved-In) 33 10.05 800 74.32 Prefabricated Dwelling As required by the MPC 700 65.03 Duplex and Semi-detached Dwellings 33 10.05 700 65.03 Multi-unit Dwellings As required by the MPC 700 65.03 Row or Town Housing As required by the MPC 700 65.03 Ancillary Buildings and Structures 17 5.18 - - All others As required by the MPC 7 SITE AND SERVICING REQUIREMENTS Refer to Part 4 Site and Servicing Requirements 8 GENERAL STANDARDS OF DEVELOPMENT Refer to Part 5 General Standards of Development 9 USE SPECIFIC STANDARDS OF DEVELOPMENT Ancillary Buildings, Structures and Uses - Part 6, Section 1 Coverall/Fabric Buildings - Part 6, Section 5 86 Municipal District of Taber Land Use Bylaw No. 2011 P a r t 3 : L a n d U s e D i s t r i c t s - H a m l e t R e s i d e n t i a l - H R 86 Municipal District of Taber Land Use Bylaw No. 2011 Dwellings: Site Built - Part 6, Section 8 Prefabricated - Part 6, Section 9 Moved-in - Part 6, Section 10 Garden Suites - Part 6, Section 11 Secondary Suites - Part 6, Section 12 Home Occupations - Part 6, Section 14 Manufactured Home Park - Part 6, Section 15 Outdoor Storage - Part 6, Section 17 Shipping Containers - Part 6, Section 20 Signs - Part 7 Solar Energy Systems - Part 9 10 AREA STRUCTURE PLAN REQUIREMENTS 10.1 Pursuant to the Municipal Development Plan and Part 5, Section 1 of this Bylaw, an Area Structure Plan or Conceptual Design Scheme may be a requirement of any application to zone land to the Hamlet Residential District or to undertake subdivision or development within the district. 10.2 Where an adopted Area Structure Plan (ASP) establishes standards applicable to lots within the HR District, such standards prevail and cannot be varied by the Development Authority unless specified otherwise within the ASP. P a r t 3 : L a n d U s e D i s t r i c t s - H a m l e t C o m m e r c i a l - H C Municipal District of Taber Land Use Bylaw No. 2011 87 HAMLET COMMERCIAL - HC 1 PURPOSE 1.1 The purpose of the HC District is to bolster the economic viability and reinforce the service centre function of hamlets by accommodating a diverse range of retail, service and highway commercial developments within the designated boundaries of established hamlets. 2 USES 2.1 Permitted Uses Use Specific Standards Personal Service Professional, Financial and Office Support Services Restaurant Retail Store Shipping Container Class A Part 6, Section 20 Signs Class A Part 7 Solar Energy Systems:  Class A Roof-mount  Class B Roof-mount Part 9 2.2 Discretionary Uses Use Specific Standards Ancillary Buildings and Structure Part 6, Section 1 Ancillary Uses Part 6, Section 1 Animal Care and Boarding Part 6, Section 3 Bus Depot Convenience store Coverall/Fabric Buildings Part 6, Section 5 Cultural Facility Day Care Drive-thru/Drive-in Educational Facility Entertainment Facility Farmer's Market Funeral and Related Services Government Service Garden Centre Health Service Licensed Premises Lodging and Boarding House Mixed Use Motel/Hotel Moved-in Buildings Outdoor Storage Part 6, Section 17 Parking Facility Parks and Open Space Areas Performance and Events Centre Personal Workshop and Storage Buildings 88 Municipal District of Taber Land Use Bylaw No. 2011 P a r t 3 : L a n d U s e D i s t r i c t s - H a m l e t C o m m e r c i a l - H C 88 Municipal District of Taber Land Use Bylaw No. 2011 2.2 Discretionary Uses (continued) Use Specific Standards Places of Worship Public Assembly Public Utilities Installations Recreational Facilities Recycling Depot Residential accommodation in conjunction with an approved commercial use Retail Cannabis Store Part 6, Section 4 Rural Industrial Class C Service Stations/Gas Bar Shipping Container Class B Part 6, Section 20 Shopping Centre Supportive Housing Signs Part 7 Similar Uses Solar Energy System:  Class A Ground-mount and Wall-mount  Class B Ground-mount and Wall-mount Part 9 Tourist Centre Truck/Car Wash 2.3 Prohibited Uses Any use not listed as a Permitted or Discretionary use or deemed a Similar Use by the Development Authority in accordance with Part 1, Section 22 Similar Use 3 MINIMUM LOT SIZE REQUIREMENTS 3.1 The minimum lot size requirements for lots serviced with municipal water and sewer within the HC District are as follows: Use Width Length Area ft m ft m ft2 m2 Permitted Uses 50 15.24 100 30.48 5,000 464.52 All Others As required by the MPC 3.2 The minimum lot size requirement for lots not serviced or partially serviced with municipal water and sewer within the HC district is as required by the Development Authority, where allowed in accordance with Part 4, Section 14 Servicing Standards. P a r t 3 : L a n d U s e D i s t r i c t s - H a m l e t C o m m e r c i a l - H C Municipal District of Taber Land Use Bylaw No. 2011 89 4 MINIMUM SETBACK REQUIREMENTS 4.1 The minimum setback requirements within the HC district are as follows: Use Front Yard Corner Lot Secondary Front Yard Side Yard Rear Yard ft m ft m ft m ft m Permitted Uses 5 1.52 5 1.52 5 1.52 30 9.14 Ancillary Buildings and Structures 10 3.05 5 1.52 5 1.52 10 3.05 All Others As required by the MPC 4.2 Additional corner lot restrictions are as stipulated in Part 4 Section 8 Intersection Sight Triangle Setbacks for all development. 4.3 Development may also be subject to additional setback requirements as prescribed within: Site and Servicing Requirements: Part 4 General Standards of Development: Part 5 Use Specific Standards of Development: Part 6 5 MAXIMUM SITE COVERAGE 5.1 Maximum site coverage for principal and ancillary buildings (combined total): 80%. 6 MAXIMUM BUILDING HEIGHT 6.1 The maximum building height for principal and ancillary buildings is as required by the Development Authority. 7 OUTDOOR DISPLAY AND SALES 7.1 Outdoor display of goods, materials and equipment for sale associated with a permitted or discretionary use may be allowed within the minimum setback requirements at the discretion of the Development Authority and may be subject to conditions. 8 SITE AND SERVICING REQUIREMENTS Refer to Part 4 Site and Servicing Requirements 9 GENERAL STANDARDS OF DEVELOPMENT Refer to Part 5 General Standards of Development 10 USE SPECIFIC STANDARDS OF DEVELOPMENT Ancillary Buildings, Structures and Uses - Part 6, Section 1 Animal Care and Boarding - Part 6, Section 3 Coverall/Fabric Buildings - Part 6, Section 5 90 Municipal District of Taber Land Use Bylaw No. 2011 P a r t 3 : L a n d U s e D i s t r i c t s - H a m l e t C o m m e r c i a l - H C 90 Municipal District of Taber Land Use Bylaw No. 2011 Outdoor Storage - Part 6, Section 17 Retail Cannabis Store - Part 6, Section 4 Shipping Containers - Part 6, Section 20 Signs - Part 7 Solar Energy Systems - Part 9 11 AREA STRUCTURE PLAN REQUIREMENTS 11.1 Pursuant to the Municipal Development Plan and Part 5, Section 1 of this Bylaw, an Area Structure Plan or Conceptual Design Scheme may be a requirement of any application to zone land to the Hamlet Commercial District or to undertake subdivision or development within the district. 11.2 Where an adopted Area Structure Plan (ASP) establishes standards applicable to lots within the HC District, such standards prevail and cannot be varied by the Development Authority unless specified otherwise within the ASP. P a r t 3 : L a n d U s e D i s t r i c t s - H a m l e t I n d u s t r i a l - H I Municipal District of Taber Land Use Bylaw No. 2011 91 HAMLET INDUSTRIAL - HI 1 PURPOSE 1.1 The purpose of the HI District is to provide for compatible industrial development opportunities within designated hamlets thereby protecting and conserving better agricultural land for agricultural use, reducing the potential for rural land use conflicts, and bolstering the economic viability of hamlets. 2 USES 2.1 Permitted Uses Use Specific Standards Ancillary Buildings and Structures Part 6, Section 1 Mini-Storage Outdoor Storage Part 6, Section 17 Shipping Container Class A Part 6, Section 20 Signs Class A Part 7 Solar Energy Systems:  Class A Roof-mount  Class B Roof-mount Part 9 2.2 Discretionary Uses Use Specific Standards Ancillary Uses Part 6, Section 1 Animal Care and Boarding Part 6, Section 3 Bus Depot Cannabis Production Facility Part 6, Section 4 Commercial Sales and Service in conjunction with an approved industrial use Coverall/Fabric Buildings Part 6, Section 5 Dugout Part 6, Section 6 Funeral and Related Services Horticultural Operations/Facilities Manufactured Homes Sales and Service Manufacturing and Processing Industries Meteorological Tower Part 6, Section 16 Moved-in Building Parking Facility Personal Workshop and Storage Buildings Part 6, Section 18 Primary Agriculture Class A Professional, Financial and Office Support Services Public Utilities Installations Railway Installations Recreational Facilities Recycling Depot Research and Development Facility Rural Industrial Class B1 Rural Industrial Class C Service Stations/Gas Bar Shipping Container Class B Part 6, Section 20 92 Municipal District of Taber Land Use Bylaw No. 2011 P a r t 3 : L a n d U s e D i s t r i c t s - H a m l e t I n d u s t r i a l - H I 92 Municipal District of Taber Land Use Bylaw No. 2011 2.2 Discretionary Uses (continued) Use Specific Standards Signs Part 7 Similar Uses Solar Energy Systems:  Class A Ground-mount and Wall-mount  Class B Ground-mount and Wall-mount Part 9 Surveillance Suite Part 6, Section 22 Truck/Car Wash Warehousing Waste Management Facility Minor Water Treatment Facility 1 excluding listed prohibited uses 2.3 Prohibited Uses Gravel/Sand Pits and Quarries Livestock Sales Yards Rendering Plants Any use not listed as a Permitted or Discretionary use or deemed a Similar Use by the Development Authority in accordance with Part 1, Section 22 Similar Use 3 MINIMUM LOT SIZE REQUIREMENTS 3.1 The minimum lot size requirements for lots serviced with municipal water and sewer within the HI District are as follows: Use Width Length Area ft m ft m Sq. ft. m2 Permitted Uses 75 22.86 100 30.48 7,500 696.77 All Others As required by the MPC 3.2 The minimum lot size requirement for lots not serviced or partially serviced with municipal water and sewer within the HI district is as required by the Development Authority, where allowed in accordance with Part 4, Section 14 Servicing Standards. 4 MINIMUM SETBACK REQUIREMENTS 4.1 The minimum setback requirements within the HI district are as follows: Use Front Yard Corner Lot Secondary Front Yard Side Yard Rear Yard ft m ft m ft m ft m Permitted Uses 25 7.62 25 7.62 15 4.57 25 7.62 Ancillary Buildings and Structures 25 7.62 25 7.62 10 3.05 10 3.05 All Others As required by the MPC P a r t 3 : L a n d U s e D i s t r i c t s - H a m l e t I n d u s t r i a l - H I Municipal District of Taber Land Use Bylaw No. 2011 93 4.2 Additional corner lot restrictions are as stipulated in Part 4, Section 8 Intersection Sight Triangle Setbacks for all development. 4.3 Development may also be subject to additional setback requirements as prescribed within: Site and Servicing Requirements: Part 4 General Standards of Development: Part 5 Use Specific Standards of Development: Part 6 5 MAXIMUM SITE COVERAGE 5.1 Maximum site coverage for principal and ancillary buildings (combined total): 70%. 6 MAXIMUM BUILDING HEIGHT 6.1 The maximum building height for principal and ancillary buildings is as required by the Development Authority. 7 OUTDOOR DISPLAY AND SALES 7.1 Outdoor display of goods, materials and equipment for sale associated with a permitted or discretionary use may be allowed within the minimum setback requirements at the discretion of the Development Authority and may be subject to conditions. 8 RURAL AND INDUSTRIAL CLASS B COMPATIBILITY 8.1 Rural Industrial Class B uses shall not be approved unless the Municipal Planning Commission is satisfied that adequate measures and high operational standards will be undertaken and maintained to minimize any nuisance, hazard, or noxious effect on vicinity land uses. 9 SITE AND SERVICING REQUIREMENTS Refer to Part 4 Site and Servicing Requirements 10 GENERAL STANDARDS OF DEVELOPMENT Refer to Part 5 General Standards of Development 11 USE SPECIFIC STANDARDS OF DEVELOPMENT Ancillary Buildings, Structures and Uses - Part 6, Section 1 Animal Care and Boarding - Part 6, Section 3 Cannabis Production Facility - Part 6, Section 4 Coverall/Fabric Buildings - Part 6, Section 5 Dugouts - Part 6, Section 6 Meteorological Towers - Part 6, Section 16 Outdoor Storage - Part 6, Section 17 Personal Workshop and Storage Building - Part 6, Section 18 94 Municipal District of Taber Land Use Bylaw No. 2011 P a r t 3 : L a n d U s e D i s t r i c t s - H a m l e t I n d u s t r i a l - H I 94 Municipal District of Taber Land Use Bylaw No. 2011 Shipping Containers - Part 6, Section 20 Signs - Part 7 Surveillance Suites - Part 6, Section 22 Solar Energy Systems - Part 9 12 AREA STRUCTURE PLAN REQUIREMENTS 12.1 Pursuant to the Municipal Development Plan and Part 5, Section 1 of this Bylaw, an Area Structure Plan or Conceptual Design Scheme may be a requirement of any application to zone land to the Hamlet Industrial District or to undertake subdivision or development within the district. 12.2 Where an adopted Area Structure Plan (ASP) establishes standards applicable to lots within the HI District, such standards prevail and cannot be varied by the Development Authority unless specified otherwise within the ASP. P a r t 3 : L a n d U s e - H a m l e t P u b l i c / I n s t i t u t i o n a l - H P / I Municipal District of Taber Land Use Bylaw No. 2011 95 HAMLET PUBLIC/INSTITUTIONAL - HP/I 1 PURPOSE 1.1 The purpose of the HP/I District is to provide for suitable public and institutional developments within the boundaries of designated hamlets thereby protecting and conserving better agricultural land for agricultural use, reducing the potential for rural land use conflicts, and complementing the service centre function of established hamlets. 2 USES 2.1 Permitted Uses Use Specific Standards Parks and Open Space Areas Shipping Container Class A Part 6, Section 20 Solar Energy Systems:  Class A Roof-mount  Class B Roof-mount Part 9 2.2 Discretionary Uses Use Specific Standards Ancillary Buildings and Structures Part 6, Section 1 Ancillary Uses Part 6, Section 1 Cemeteries Coverall/Fabric Buildings Part 6, Section 5 Cultural Facility Day Care Educational Facility Exhibition Grounds Farmer's Market Government Service Group Care Facility Health Service Hospitals Meteorological Tower Part 6, Section 16 Moved-in Buildings Parking Facility Performance and Events Centre Places of Worship Public Assembly Public Utilities Installations Recreational Facilities Research and Development Facility Shipping Container Class B Part 6, Section 20 Signs Part 7 Similar Uses Solar Energy System:  Class A Roof-mount and Wall-mount  Class B Roof-mount and Wall-mount Part 9 Supportive Housing Tourist Centre Waste Management Facility Major and Minor Water Treatment Facility 96 Municipal District of Taber Land Use Bylaw No. 2011 P a r t 3 : L a n d U s e D i s t r i c t s - H a m l e t P u b l i c / I n s t i t u t i o n a l - H P / I 96 Municipal District of Taber Land Use Bylaw No. 2011 2.3 Prohibited Uses Any use not listed as a Permitted or Discretionary use or deemed a Similar Use by the Development Authority in accordance with Part 1, Section 22 Similar Use 3 MINIMUM LOT SIZE REQUIREMENTS 3.1 The minimum lot size requirements for lots serviced with municipal water and sewer within the HP/I District are as follows: Use Width Length Area ft m ft m ft2 m2 All Uses As required by the Development Authority 3.2 The minimum lot size requirement for lots not serviced or partially serviced with municipal water and sewer within the HP/I district is as required by the Development Authority, where allowed in accordance with Part 4, Section 14 Servicing Requirements. 4 MINIMUM SETBACK REQUIREMENTS 4.1 The minimum setback requirements within the HP/I District are as follows: Use Front Yard Corner Lot Secondary Front Yard Side Yard Rear Yard ft m ft m ft m ft m All Uses As required by the Development Authority 4.2 Additional corner lot restrictions are as stipulated in Part 4, Section 8 Intersection Sight Triangle Setbacks for all development. 4.3 Development may also be subject to additional setback requirements as prescribed within: Site and Servicing Requirements: Part 4 General Standards of Development: Part 5 Use Specific Standards of Development: Part 6 5 MAXIMUM SITE COVERAGE 5.1 Maximum site coverage for principal and ancillary buildings (combined total): 50% 6 MAXIMUM BUILDING HEIGHT 6.1 The maximum building height for principal and ancillary buildings is as required by the Development Authority. 7 SITE AND SERVICING REQUIREMENTS Refer to Part 4 Site and Servicing Requirements P a r t 3 : L a n d U s e - H a m l e t P u b l i c / I n s t i t u t i o n a l - H P / I Municipal District of Taber Land Use Bylaw No. 2011 97 8 GENERAL STANDARDS OF DEVELOPMENT Refer to Part 5 General Standards of Development 9 USE SPECIFIC STANDARDS OF DEVELOPMENT Ancillary Buildings, Structure and Uses - Part 6, Section 1 Coverall/Fabric Buildings - Part 6, Section 5 Meteorological Towers - Part 6, Section 16 Outdoor Storage - Part 6, Section 17 Shipping Containers - Part 6, Section 20 Signs - Part 7 Solar Energy Systems - Part 9 10 AREA STRUCTURE PLAN REQUIREMENTS 10.1 Pursuant to the Municipal Development Plan and Part 5, Section 1 of this Bylaw, an Area Structure Plan or Conceptual Design Scheme may be a requirement of any application to zone land to the Hamlet Public/Institutional District or to undertake subdivision or development within the district. 10.2 Where an adopted Area Structure Plan (ASP) establishes standards applicable to lots within the HP/I District, such standards prevail and cannot be varied by the Development Authority unless specified otherwise within the ASP. P a r t 3 : L a n d U s e D i s t r i c t s - H a m l e t T r a n s i t i o n a l / A g r i c u l t u r a l - H T / A Municipal District of Taber Land Use Bylaw No. 2011 99 HAMLET TRANSITIONAL/AGRICULTURAL - HT/A 1 PURPOSE 1.1 The purpose of the HT/A District is to protect and conserve agricultural land and larger tracts of primarily undeveloped land contained within the boundaries of a designated hamlet for agricultural use until such time as the land is needed to accommodate suitable urban development. 2 USES 2.1 Permitted Uses Use Specific Standards Extensive Agriculture Home Occupation Class A Part 6, Section 14 Shipping Container Class A Part 6, Section 20 Solar Energy Systems:  Class A Roof-mount  Class B Roof-mount Part 9 2.2 Discretionary Uses Use Specific Standards Agricultural Buildings Class A and Class B Hamlet Commercial - HC Uses Hamlet Residential - HR Uses Hamlet Industrial - HI Uses (excluding Rural Industrial Class B) Hamlet Public/Institutional - HP/I Uses Meteorological Tower Part 6, Section 16 Secondary Single-detached Dwelling Part 6, Section 7 Similar Uses Work Camp Part 6, Section 26 2.3 Prohibited Uses Rural Industrial Class B Any use not listed as a Permitted or Discretionary use or deemed a Similar Use by the Development Authority in accordance with Part 1, Section 22 Similar Use 3 SPECIAL DEVELOPMENT STANDARDS AND REQUIREMENTS 3.1 All development standards including, but not limited to, lot size, setbacks, site coverage, building height, servicing, and access, shall be as required by the Development Authority in accordance with: (a) the appropriate land use district to which the parcel(s) should, wherever possible, be reclassified; (b) the pertinent standards and requirements of development outlined in the Parts of this Bylaw, including Site and Servicing Requirements, General Standards of Development, Use Specific Standards, Sign Standards, and Solar Energy Systems; and (c) consideration of future development potential, including alignment of future public roads and lanes. 100 Municipal District of Taber Land Use Bylaw No. 201 P a r t 3 : L a n d U s e D i s t r i c t s - H a m l e t T r a n s i t i o n a l / A g r i c u l t u r a l - H T / A 100 Municipal District of Taber Land Use Bylaw No. 2011 4 DISCRETIONARY USE REQUIREMENTS 4.1 A discretionary use shall not be approved if, in the opinion of the Development Authority, it is likely to: (a) become a non-conforming use on subsequent reclassification of the land to the intended future district; (b) conflict with the provisions of the land use district which will likely apply on subsequent reclassification of the land to the intended future district; or (c) be premature or otherwise compromise the orderly subdivision or subsequent development of the land or surrounding land. 5 AREA STRUCTURE PLAN REQUIREMENTS 5.1 Pursuant to the Municipal Development Plan and Part 5, Section 1 of this Bylaw, an Area Structure Plan or Conceptual Design Scheme may be a requirement of any application to zone land to the Hamlet Transitional/Agricultural District or to undertake subdivision or development within the district. 5.2 Where an adopted Area Structure Plan (ASP) establishes standards applicable to lots within the HT/A District, such standards prevail and cannot be varied by the Development Authority unless specified otherwise within the ASP. P a r t 3 : L a n d U s e D i s t r i c t s - L i n e a r P a r c e l D i r e c t C o n t r o l - L P - D C Municipal District of Taber Land Use Bylaw No. 2011 101 LOCALITY OF RETLAW DIRECT CONTROL - LR-DC 1 PURPOSE 1.1 The Municipal District Council has identified the significant historical nature of the Locality of Retlaw. The purpose of the LR-DC District is to protect and enhance the historical potential of the Locality of Retlaw. 2 USES 2.1 Permitted Uses Any use Council considers appropriate 3 MINIMUM LOT SIZE REQUIREMENTS 3.1 At the discretion of Council having regard to the standards of this Bylaw. 4 MINIMUM SETBACK REQUIREMENTS 4.1 At the discretion of Council having regard to Part 4 Site and Servicing Requirements. 5 MAXIMUM SITE COVERAGE 5.1 At the discretion of Council. 6 MAXIMUM BUILDING HEIGHT 6.1 At the discretion of Council. 7 SITE AND SERVICING REQUIREMENTS 7.1 At the discretion of Council having regard to Part 4 Site and Servicing Requirements. 8 GENERAL STANDARDS OF DEVELOPMENT 8.1 At the discretion of Council having regard to Part 5 General Standards of Development. 9 OTHER STANDARDS 9.1 Council may require any other standards considered necessary having regard to statutory plans, the Land Use Bylaw, comments from the public and referral agencies, and any other matters deemed pertinent by Council. 10 APPROVAL PROCEDURE 10.1 Before issuance of a decision on an application for a use in the LR-DC District a development hearing shall be held with notice given in accordance with Section 45 Development Hearing Notification Procedures of this Bylaw. 10.2 Subsequent to section 10.1, and in accordance with Part 1, section 41.2, Council may approve the application with or without conditions, approve the application in part with or without conditions, or refuse the application. P a r t 3 : L a n d U s e D i s t r i c t s - L i n e a r P a r c e l D i r e c t C o n t r o l - L P - D C Municipal District of Taber Land Use Bylaw No. 2011 103 LINEAR PARCEL DIRECT CONTROL - LP-DC 1 PURPOSE 1.1 The purpose of the LP-DC District is to provide Council the authority to decide upon uses that relate to linear parcels of land such as railway rights-of-way, as these lands can affect agriculture and a large number of Municipal District of Taber residents. 2 USES 2.1 Permitted Uses Any use Council considers appropriate 3 MINIMUM LOT SIZE REQUIREMENTS 3.1 At the discretion of Council. 4 MINIMUM SETBACK REQUIREMENTS 4.1 At the discretion of Council. 5 MAXIMUM SITE COVERAGE 5.1 At the discretion of Council. 6 MAXIMUM BUILDING HEIGHT 6.1 At the discretion of Council. 7 SITE AND SERVICING REQUIREMENTS 7.1 At the discretion of Council having regard to Part 4 Site and Servicing Requirements. 8 GENERAL STANDARDS OF DEVELOPMENT 8.1 At the discretion of Council having regard to Part 5 General Standards of Development. 9 OTHER STANDARDS 9.1 Council may require any other standards considered necessary having regard to statutory plans, the Land Use Bylaw, comments from the public and referral agencies, and any other matters deemed pertinent by Council. 10 APPROVAL PROCEDURE 10.1 Before issuance of a decision on an application for a use in the LP-DC District a development hearing shall be held with notice given in accordance with Section 45 Development Hearing Notification Procedures of this Bylaw. 10.2 Subsequent to section 10.1, and in accordance with Part 1, section 41.2, Council may approve the application with or without conditions, approve the application in part with or without conditions, or refuse the application. P a r t 3 : L a n d U s e D i s t r i c t s - D i r e c t C o n t r o l - D C Municipal District of Taber Land Use Bylaw No. 2011 105 DIRECT CONTROL - DC 1 PURPOSE 1.1 The purpose of the DC District is to provide a means to regulate and control the use and development of land and buildings within a specific area of the municipality where the circumstances relating to the development of a site are such that regulation and control by use of another land use district in this Bylaw is inadequate given planning goals, development patterns, greater public interest, innovative design, site characteristics, or as deemed appropriate by Council. 2 USES 2.1 As determined by Council through the corresponding adopted Direct Control bylaw. 3 MINIMUM LOT SIZE REQUIREMENTS 3.1 As required by Council through the corresponding adopted Direct Control bylaw. 4 MINIMUM SETBACK REQUIREMENTS 4.1 As required by Council through the corresponding adopted Direct Control bylaw. 5 MAXIMUM SITE COVERAGE 5.1 As required by Council through the corresponding adopted Direct Control bylaw. 6 MAXIMUM BUILDING HEIGHT 6.1 As required by Council through the corresponding adopted Direct Control bylaw. 7 SITE AND SERVICING REQUIREMENTS 7.1 As required by Council through the corresponding adopted Direct Control bylaw having regard to Part 4 Site and Servicing Requirements. 8 GENERAL STANDARDS OF DEVELOPMENT 8.1 As required by Council through the corresponding adopted Direct Control bylaw having regard to Part 5 General Standards of Development. 9 OTHER STANDARDS 9.1 Council may require additional standards having regard to statutory plans, the Land Use Bylaw, comments from public and referral agencies, and any other matters deemed pertinent by Council. 106 Municipal District of Taber Land Use Bylaw No. 201 P a r t 3 : L a n d U s e D i s t r i c t s - D i r e c t C o n t r o l - D C 106 Municipal District of Taber Land Use Bylaw No. 2011 10 APPROVAL PROCEDURE 10.1 Before issuance of a decision on an application for a use in a DC District a development hearing shall be held with notice given in accordance with Section 45 Development Hearing Notification Procedures of this Bylaw. 10.2 Subsequent to section 10.1, and in accordance with Part 1, section 41.2, Council may approve the application with or without conditions, approve the application in part with or without conditions, or refuse the application. 10.3 Where the Development Authority has been delegated the authority to decide upon applications, prior and subsequent to a decision, notification shall be in accordance with Part 1, Section 41 Direct Control District Applications, Section 45 Development Hearing Notification Procedures, and Part 46 Notice of Decision of this Bylaw. 11 DELEGATION OF AUTHORITY 11.1 In accordance with Part 1, section 16.1, Council shall be responsible for deciding upon development permit applications within any Direct Control district, except where the decision-making authority has been delegated to the Development Authority in the corresponding adopted Direct Control bylaw. 12 APPEAL PROCEDURE 12.1 In accordance with section 685(4)(a) of the Municipal Government Act, if a decision with respect to a development permit application is made by Council within a Direct Control District, there is no appeal to the Subdivision and Development Appeal Board. 12.2 In accordance with section 685(4)(b) of the Municipal Government Act, if a decision with respect to a development permit application is made by the Development Authority, the appeal to the Subdivision and Development Appeal Board shall be limited to whether the Development Authority followed the directions of Council. 13 DIRECT CONTROL DISTRICT AND ADOPTING BYLAWS 13.1 Any land designated as Direct Control - DC as illustrated on the Land Use Districts Map is designated for that purpose. 13.2 Where land has been designated Direct Control - DC prior to this Land Use Bylaw coming into effect and the Direct Control - DC Bylaw is listed in section 13.3 below, the standards or regulations approved by Council at that time of such designation to the Direct Control District shall continue to apply, except as follows: (a) any references within the Direct Control adopting bylaw relating to compliance with or having regard to standards, requirements or schedules established in Land Use Bylaw No. 1722 shall now refer to the applicable sections of Land Use Bylaw No. 2011; (b) any references within the Direct Control adopting bylaw relating to approval procedures or appeal procedures established in Land Use Bylaw No. 1722, shall now refer to the applicable sections of Land Use Bylaw No. 2011. P a r t 3 : L a n d U s e D i s t r i c t s - D i r e c t C o n t r o l - D C Municipal District of Taber Land Use Bylaw No. 2011 107 13.3 The following Direct Control District Bylaws adopted as amendments to Land Use Bylaw No. 1722 are now adopted as part of this Bylaw and remain in full force and effect, unless otherwise amended or repealed: Bylaw No. Legal Description Location Date of Adoption 1902 Block 37, Plan 8210320 Grassy Lake April 11, 2017 1920 Lots 6, Block 8, Plan 7910775 Lot 7, Block 8, Plan 7910075 Johnson's Addition April 24, 2018 1978 Lot 1, Block 1, Plan 9611496 NW¼ 8-9-16 -4 August 10, 2021 2002 Lot 1, Block 6, Plan 0413993 SW¼ 35-9-17-4 October 24, 2023 13.4 The following is a reference list of redesignation bylaws adopted by Council under this Bylaw which designated specified parcels of land to a Direct Control - DC District. The list is to be updated upon adoption of an amending bylaw to the most recent date of any consolidated version of the Land Use Bylaw: Bylaw No. Legal Description Exceptions Location Date of Adoption 13.5 Complete copies of the Direct Control - DC Bylaws from sections 13.3 and 13.4 follow this page. M u n i c i p a l D i s t r i c t o f T a b e r L a n d U s e B y l a w N o . 2 0 1 1 PART 4 Site and Servicing Requirements P a r t 4 : S i t e a n d S e r v i c i n g R e q u i r e m e n t s Municipal District of Taber Land Use Bylaw No. 2011 109 PART 4: SITE AND SERVICING REQUIREMENTS Unless specified otherwise in this Bylaw, the provisions of this Part apply within all land use districts. ACCESS REQUIREMENTS 1 ACCESS TO PUBLIC ROADWAYS 1.1 No subdivision or development shall be allowed without provision for congruent legal and physical access. Every lot shall have at least one means of access to a public roadway acceptable to the Subdivision Authority and Development Authority, as applicable. 1.2 All newly created lots shall have frontage on a public roadway which provides direct physical and legal access onto that public road unless allowed otherwise by the Subdivision Authority. Minimum frontage requirements are as follows: (a) Within rural land use districts: 65.6 ft (20.00 m) or greater as may be required by the Subdivision Authority (b) Within hamlet land use districts: minimum lot width within the applicable land use district or greater as may be required by the Subdivision Authority 1.3 All new development shall have frontage on a maintained public roadway which provides direct physical and legal access onto that public road to the satisfaction of the Development Authority, except for: (a) development internal to a registered condominium plan containing private roadways approved by the Development Authority; (b) development internal to a manufactured home community or multi-use developments containing internal roadways approved by the Development Authority; (c) limited circumstances where legal access by easement is allowed in accordance with section 1.4. 1.4 Access by easement may be allowed at the discretion of the Municipal Planning Commission if deemed appropriate and only in circumstances where the Municipal Planning Commission is satisfied there is no other viable means of access. Access by easement shall be evaluated on a site-specific basis and, if allowed, may be subject to any conditions determined necessary by the Municipal Planning Commission, including registration of an access easement or right-of-way plan and associated agreement on title containing provisions acceptable to the Municipal Planning Commission which shall not be discharged without the authorization of the Development Authority. 1.5 Shared access between lots and/or developments may be required at the discretion of the Subdivision Authority and Development Authority, as applicable. 110 Municipal District of Taber Land Use Bylaw No. 201 P a r t 4 : S i t e a n d S e r v i c i n g R e q u i r e m e n t s 110 Municipal District of Taber Land Use Bylaw No. 2011 1.6 A Traffic Impact Assessment or other trip generation reports may be required to be provided by an applicant for any proposed subdivision or development to determine sufficiency of access and impacts to public roadways at the discretion of the Subdivision Authority and/or Development Authority, as applicable. An applicant may be required to construct and/or pay for the construction of required improvements. 1.7 An applicant may be required to dedicate right-of-way for municipal roads and construct or pay for the construction of municipal roads. 2 ACCESS TO AND DEVELOPMENT NEAR PROVINCIAL HIGHWAYS 2.1 All accesses onto provincial highways require approval by Alberta Transportation. 2.2 A Roadside Development Permit issued by Alberta Transportation may be required when development takes place in proximity of the provincial highway system (any development within 984 ft (300 m) from a provincial road right-of-way or 0.5 miles (800 m) of the centreline of a highway and public road intersection). 2.3 A Traffic Impact Assessment or other trip generation reports may be required to be prepared by an applicant. An applicant may be required to construct and/or pay for the construction of required improvements. 2.4 An applicant may be required to dedicate right-of-way for service roads and construct or pay for the construction of service roads. 3 APPROACHES AND DRIVEWAYS Approaches 3.1 The location and number of approaches (access points) to a lot is at the discretion of the Municipal District of Taber or, where applicable, Alberta Transportation. Existing approaches may be required to be upgraded or removed. 3.2 Approaches may be required to be located such that they can be shared with an adjoining lot or development. 3.3 Approaches for a corner lot may be restricted within the intersection sight triangle. 3.4 Approaches for a corner lot within a designated hamlet or locality will typically be limited to locations along the minor street unless site specific considerations require otherwise. 3.5 The construction/upgrade of approaches within a road right-of-way under the jurisdiction of the Municipal District of Taber shall be in accordance with any applicable Municipal District of Taber standards and to the satisfaction of Public Works. 3.6 A Road Approach Approval issued by Public Works may be required prior to installation and/or upgrade of an approach as a condition of development approval. P a r t 4 : S i t e a n d S e r v i c i n g R e q u i r e m e n t s Municipal District of Taber Land Use Bylaw No. 2011 111 Driveways 3.7 Design standards for driveways may be prescribed at the discretion of the Development Authority, including but not limited to, minimum/maximum width; shoulder/side slopes; drainage/erosion control; surface type; setbacks from adjacent lots, easements, and infrastructure; setbacks from roadways; and access and turn- around areas for emergency vehicles and other vehicles accessing the parcel; as a condition of development approval. 3.8 Driveways shall be constructed in a manner which will permit suitable year-round (all- season) access, adequate drainage, snow removal, and maintenance. 3.9 Driveways within the Hamlet Residential District in a designated hamlet or locality are subject to the following additional standards: (a) Minimum width: 10 feet (3.05 m) (b) Maximum width: As required by Development Authority (c) Minimum length: 18 feet (5.49 m) (d) Setback from lane: 10 feet (3.05 m) (e) Setback from intersection of a public roadway measured along property line: 25 feet (7.62 m) 3.10 Driveway width, length, and setbacks from lanes and public roadway intersections within any designated hamlet or locality within land use districts other than the Hamlet Residential are as required by the Development Authority. 112 Municipal District of Taber Land Use Bylaw No. 201 P a r t 4 : S i t e a n d S e r v i c i n g R e q u i r e m e n t s 112 Municipal District of Taber Land Use Bylaw No. 2011 PUBLIC ROADWAY SETBACKS AND INTERSECTION SIGHT TRIANGLE REQUIREMENTS 4 SETBACK FROM PUBLIC ROADS - RURAL 4.1 In order to facilitate future widening/service road dedication and reduce potential snow drifting/sight restrictions, nothing shall be constructed (e.g. buildings), placed (e.g. haystacks and temporary commodity storage), excavated (e.g. dugouts), or allowed to grow (e.g. shelterbelts) within the following setback distances from a rural public road (incudes developed and undeveloped road rights-of-way/road allowances) except by Municipal Planning Commission approval. 4.2 Unless otherwise specified in this Bylaw, the following minimum setback distances from a rural public road (road right-of-way/road allowance) shall apply: Use Rural Roadway Setback1 Buildings, Structures Dugouts2, Haystacks and Temporary Commodity Storage, Excavations2 100 ft. (30.48 m) Fencing In accordance with Part 5, Section 6 Fences Shelterbelts (Trees/Bushes) 50 ft. (15.24 m) All other 100 ft. (30.48 m) 1 Setback measured from property line fronting road right-of-way (includes developed and undeveloped road rights-of-way/road allowances) to nearest part of development. See Figure 1. 2 All portions of a dugout and excavation, including berms measured from toe of slope, must meet setback. 4.3 Extensive Agriculture (cultivation and grazing of land), bee hives, and irrigation systems within the Rural Agricultural and Rural/Urban Fringe Districts are exempted from section 4.2 provided snow drifting/sight restrictions are not created on adjacent roadways. 4.4 The Development Authority may require a greater setback distance from a public road (including developed and undeveloped road rights-of-way/road allowances) at its discretion. 4.5 Development within 984 ft (300 m) of a provincial highway right-of-way or 0.5 miles (800 m) from the centreline of a provincial highway and a public road intersection may be subject to additional setbacks and approvals as required by Alberta Transportation. 4.6 Despite any approvals granted by Alberta Transportation under section 4.5, in circumstances where this Section or the Development Authority stipulates a greater setback requirement than Alberta Transportation, the greater setback shall prevail. P a r t 4 : S i t e a n d S e r v i c i n g R e q u i r e m e n t s Municipal District of Taber Land Use Bylaw No. 2011 113 5 SETBACK FROM LOCAL INTERNAL SUBDIVISION ROADS - RURAL 5.1 The setback distances for all development, including buildings, structures, dugouts, shelterbelts, etc., from a local public road (developed or undeveloped) internal to a subdivision deemed as such by the Development Authority within land zoned Grouped Rural Industrial, Grouped Country Residential, Grouped Country Mixed Use, Rural Highway Commercial, and Private Commercial Recreational, are as prescribed within the district standards. Refer to Figure 2 for illustration. 6 SETBACK FROM PUBLIC ROADS WITHIN HAMLETS AND LOCALITIES 6.1 The setback distances of all development, including buildings, structures, landscaping, etc., from a public road (developed or undeveloped) within a designated hamlet and locality are as prescribed within the district standards. 7 INTERSECTION SIGHT TRIANGLE SETBACKS - RURAL 7.1 Unless otherwise specified in this Bylaw, no buildings, structures, dugouts, excavations, shelterbelts, haystacks and temporary commodity storage, fences, or other visual obstruction more than 2 feet above a rural road grade are allowed within the 280 ft (85.4 m) intersection sight triangle setback, measured along the property line, and illustrated in Figure 1, except by Municipal Planning Commission approval. 7.2 The following are exempted from section 7.1: (a) fences in accordance with Part 5, Section 6 Fences; and (b) Extensive Agriculture (cultivation and grazing of land), bee hives, and irrigation systems within the Rural Agricultural and Rural/Urban Fringe Districts provided snow drifting/sight restrictions are not created on adjacent roadways. 7.3 Intersection sight triangle setback requirements for local roads internal to a subdivision deemed as such by the Development Authority on land zoned Grouped Rural Industrial, Grouped Country Residential, Grouped Country Mixed Use, Highway Commercial, and Private Commercial Recreational, are as prescribed within the district standards, and illustrated in Figure 2. 114 Municipal District of Taber Land Use Bylaw No. 201 P a r t 4 : S i t e a n d S e r v i c i n g R e q u i r e m e n t s 114 Municipal District of Taber Land Use Bylaw No. 2011 Figure 1 - Public Road and Intersection Sight Triangle Setbacks - Rural Roads Public Road Setback - measured from property line Intersection Sight Triangle Setback - measured along property line P a r t 4 : S i t e a n d S e r v i c i n g R e q u i r e m e n t s Municipal District of Taber Land Use Bylaw No. 2011 115 Figure 2 - Local Internal Subdivision Road and Intersection Sight Triangle Setbacks Grouped Country Residential, Grouped Country Mixed-Use, Grouped Rural Industrial, Highway Commercial, Private Commercial Recreation Land Use Districts Public Road Setback - measured from property line Local Internal Subdivision Road Setback - measure from property line Intersection Sight Triangle Setback - measured along property line 116 Municipal District of Taber Land Use Bylaw No. 201 P a r t 4 : S i t e a n d S e r v i c i n g R e q u i r e m e n t s 116 Municipal District of Taber Land Use Bylaw No. 2011 8 INTERSECTION SIGHT TRIANGLE SETBACKS - URBAN 8.1 Within a designated hamlet with hamlet zoning, on a corner lot nothing shall be erected, placed, planted, or allowed to grow, in such a manner as to materially impede vision between a height of 3 feet (0.91 m) and 10 feet (3.05 m) above the centre-line grades of the intersecting streets in the area bounded by the property lines of such corner lots and a line joining points along the said property line 25 feet (7.62 m) from the point of intersection (Figure 3). Figure 3 - Intersection Sight Triangle Setback - Urban P a r t 4 : S i t e a n d S e r v i c i n g R e q u i r e m e n t s Municipal District of Taber Land Use Bylaw No. 2011 117 OTHER SPECIFIC SETBACKS 9 ADDITIONAL YARD SETBACKS 9.1 In addition to setbacks prescribed within the applicable land use district, special setbacks may be required by the Development Authority as front, side, and rear yards to provide for the development of suitably landscaped areas, parking and vehicle circulation areas, loading areas, adequate separation, buffering or screening between uses, and to mitigate any potential impacts of development. 9.2 The Development Authority may require increased building setbacks in any land use district if, in its opinion, such setbacks are necessary to accommodate the proposed development and/or mitigate potential impacts of development. 10 SETBACKS FROM COULEES, STEEP SLOPES AND WATERBODIES 10.1 No development shall occur within the setback distances calculated using the General Guidelines for Setbacks on Land Adjacent to Steep Valley Banks (>15%) indicated in Table 1 and Figures 4 and 4.1. The development setback distance and its sufficiency, including any specific building requirements, shall be confirmed by a geotechnical report or other acceptable soils analysis prepared by an engineer qualified in the field of soils analysis, submitted prior to issuance of a decision on the development permit application. 10.2 Notwithstanding section 10.1, development within the setback distances calculated using the General Guidelines for Setbacks on Land Adjacent to Steep Valley Banks (>15%) indicated in Table 1 and Figures 4 and 4.1 may be allowed on the basis of a geotechnical report or other acceptable soils studies prepared by an engineer qualified in the field of soils analysis which defines a safe development setback at the discretion of the Development Authority. 118 Municipal District of Taber Land Use Bylaw No. 201 P a r t 4 : S i t e a n d S e r v i c i n g R e q u i r e m e n t s 118 Municipal District of Taber Land Use Bylaw No. 2011 Figure 4 - Idealized Cross Section of River Valley Table 1 - General Guidelines for Setbacks on Land Adjacent to Steep Valley Banks (>15%) MINIMUM SETBACK GUIDELINE Slope Factor H1 x 1.0 H x 1.5 H x 2.0 Lateral River Erosion of Top Slope No Erosion2 Minor Active Erosion Major Active Erosion3 Slope Steepness >15 to 50% (>8.5 to 26.6 degrees) 51 to 100% (27.0 to 45 degrees) More than 100% Slope Failure on Bank No Failure, Minor4 Inactive Minor Active, Major5 Inactive Major Active Failure Past & Existing Anthropogenic Disturbance6 No Disturbance to Moderate Major Disturbance Proposed Anthropogenic Disturbance Minor to Moderate Disturbance Major Disturbance 1 The valley bank height, H is defined as the vertical distance from the valley crest to the toe of slope. The toe of slope may be found either where the valley bank meets a terrace or where it directly enters the water course. 2 An abandoned slope with the toe protected by a terrace 3 Occurs on an outside bend of a river meander or opposite an island 4 Minor refers to shallow slope failures, surface sloughing 5 Major refers to deep seated slope failures involving the entire valley bank 6 Human-induced disturbance such as excavating, filling, recontouring, drainage works, reservoirs, mining and tunnelling, utilities and roads P a r t 4 : S i t e a n d S e r v i c i n g R e q u i r e m e n t s Municipal District of Taber Land Use Bylaw No. 2011 119 Figure 4.1 - Idealized Drawing of River Valley 120 Municipal District of Taber Land Use Bylaw No. 201 P a r t 4 : S i t e a n d S e r v i c i n g R e q u i r e m e n t s 120 Municipal District of Taber Land Use Bylaw No. 2011 10.3 Regardless of slopes contained within a proposed development site, the Development Authority and Subdivision Authority may require soils tests, a geotechnical report, other analyses and reports, and recommendations prepared by a qualified professional to be provided in support of any development permit application or subdivision application where they are of the opinion there is a potential risk for soil failures of any type, including subsidence and erosion. 10.4 Notwithstanding that a use of land may be permitted or discretionary in a land use district, where in the opinion of the Development Authority there is a potential risk for soil failures of any type, including subsidence and erosion, the Development Authority may require any conditions as deemed appropriate on a development permit approval, including but not limited to: (a) limiting or restricting development on the parcel or applying special setbacks to address the location of improvements on the site; (b) requiring certifications from qualified professionals verifying any aspects of the proposal or conditions of approval, such as top and toe of slope, setback buffer zones, and compliance with building setback requirements and structural building plans; (c) other conditions to ensure the development is safe as reasonably possible. 10.5 The Development Authority and Subdivision Authority may require a flood risk analysis, flood mapping, structural building and flood proofing plans, and/or other reports, analysis and plans prepared by a qualified professional to determine feasibility, suitability, and potential mitigation measures for development permit applications or subdivision applications for properties located in any river valley, drainage course, or within 100 feet (30.48 m) of the high water mark of other waterbodies, both natural and man-made, or in any circumstance where in the opinion of the applicable Authority there is potential risk for flooding. 10.6 Notwithstanding that a use may be permitted or discretionary in a land use district, a proposed development within an area determined to be a Flood Hazard Area (see Figure 5 for illustration) by the Development Authority shall be considered a discretionary use. Figure 5 - Flood Hazard Area P a r t 4 : S i t e a n d S e r v i c i n g R e q u i r e m e n t s Municipal District of Taber Land Use Bylaw No. 2011 121 10.7 Notwithstanding that a use of land may be permitted or discretionary in a land use district, where in the opinion of the Development Authority there is a potential risk for flooding, the Development Authority may require any conditions as deemed appropriate on a development permit approval, including but not limited to: (a) limiting or restricting development on the parcel or applying special setbacks to address the location of improvements on the site; (b) floodproofing and other mitigating measures; (c) requiring certifications from qualified professionals verifying any aspects of the proposal or conditions of approval, such as elevations, compliance with building setback requirements and structural building requirements, and compliance with any applicable provincial requirements; (d) other conditions to ensure the development is safe as reasonably possible. 11 SETBACKS FROM IRRIGATION CANALS, DRAINS AND RESERVOIRS 11.1 A minimum setback distance from irrigation canals, drains, and reservoir rights-of- way may be required as a condition of approval if deemed appropriate by the Development Authority. 12 SETBACKS FROM LANDFILLS AND WASTEWATER TREATMENT PLANTS 12.1 Setbacks for a school, hospital or residential use from landfills, hazardous waste management facilities, storage sites, and wastewater treatment plants and vice versa shall be in accordance with the Matters Related to Subdivision and Development Regulation or subsequent regulation. 12.2 Variance to the requirements of section 12.1 shall be in accordance with the Matters Related to Subdivision and Development Regulation. An applicant requesting consideration of variance to the setback standards shall be required to submit applicable documentation that addresses the criteria for a variance. 13 SETBACKS FROM SOUR GAS FACILITIES AND OIL AND GAS PIPELINES AND WELLS 13.1 Setbacks from sour gas facilities and oil and gas pipelines and wells, including abandoned oil and gas wells, shall be in accordance with the applicable provincial legislation and directives as prescribed in the Matters Related to Subdivision and Development Regulation or subsequent regulation. 13.2 It is the responsibility of the landowner to take measures to identify any oil and gas pipelines and wells, including abandoned wells, within the property and comply with the required setbacks. 122 Municipal District of Taber Land Use Bylaw No. 201 P a r t 4 : S i t e a n d S e r v i c i n g R e q u i r e m e n t s 122 Municipal District of Taber Land Use Bylaw No. 2011 SERVICING REQUIREMENTS 14 SERVICING STANDARDS 14.1 Urban Areas (Designated Hamlets) (a) All development shall be required to connect to municipal water and sewer, except where in the opinion of the Development Authority, such services cannot be made available, or the type of development is such that it does not require water and sewer. (b) Notwithstanding subsection (a), all dwellings in Hamlets where municipal services are available to serve the development are required to connect to municipal services. (c) Where the Development Authority has determined that municipal water and/or sewer cannot be made available, the Development Authority may approve use of an alternative system in accordance with section 14.2. 14.2 Rural Area (a) The applicant shall be responsible for demonstrating, to the satisfaction of the Development Authority or Subdivision Authority, as applicable, adequate provisions for potable water and sewer to serve the development. (b) The municipality or the Development or Subdivision Authority, as applicable, may require the applicant to provide a professional soils analysis and report, prepared at the applicant's cost prior to making a decision on a subdivision or development application, to determine the suitability of the site for a private sewage system (in accordance with the Alberta Private Sewage Systems Standard of Practice or subsequent legislation) in relation to a subdivision or development proposal. (c) The use of a sewage holding tank as a method of private sewage disposal requires the approval of the municipality and may only be considered where in the opinion of the Development Authority, no other reasonable alternative is available, and the volume of effluent produced by the development is limited, or where the use is approved in an adopted Area Structure Plan. An applicant may be required to submit documentation to the satisfaction of the Development Authority demonstrating no other reasonable alternative is available and estimates of the volume of effluent produced by the development prior to issuance of a decision by the Development Authority. (d) The type of private sewage disposal system serving the development will be a consideration of subdivision approval. The use of a holding tank, an open discharge system, or lagoon may result in refusal of a subdivision application for residential purposes, as these methods of private sewage management systems are not generally considered sustainable. For non-residential uses, the method of private sewage management system will be evaluated on an individual basis, based on consideration of applicable Municipal Development Plan policies and the type and location of development. P a r t 4 : S i t e a n d S e r v i c i n g R e q u i r e m e n t s Municipal District of Taber Land Use Bylaw No. 2011 123 (e) A private sewage disposal system must be setback from the various attributes and property lines as stipulated in the Alberta Private Sewage Systems Standard of Practice or subsequent legislation (unless a private sewage system variance has been granted by a Safety Codes Officer in accordance with provincial requirements) or such greater distance as required by the Development Authority. M u n i c i p a l D i s t r i c t o f T a b e r L a n d U s e B y l a w N o . 2 0 1 1 PART 5 General Standards of Development P a r t 5 : G e n e r a l S t a n d a r d s o f D e v e l o p m e n t Municipal District of Taber Land Use Bylaw No. 2011 125 PART 5: GENERAL STANDARDS OF DEVELOPMENT Unless specified otherwise in this Bylaw, the provisions of this Part apply to all land use districts. GENERAL STANDARDS 1 AREA STRUCTURE PLAN AND CONCEPTUAL DESIGN SCHEME REQUIREMENTS 1.1 An applicant may be required to submit an Area Structure Plan or Conceptual Design Scheme prior to the designation of or consideration for development or subdivision within any land use district, or as required by an adopted Intermunicipal Development Plan and/or the Municipal Development Plan. Area Structure Plan requirements are as prescribed in the Municipal Development Plan. Conceptual Design Schemes shall address the following concerns, as applicable, to the satisfaction of the Development Authority and/or Subdivision Authority: (a) lot design, servicing, access and sequence of development; (b) undevelopable on-site areas subject to flooding, groundwater inundation, slumping and erosion; (c) on site areas of historical or archaeological significance; (d) impact on the urban expansion strategies of any neighbouring municipality; (e) impact on the safe, efficient operation of nearby highways, secondary or rural roads; (f) impact on future resource development of the area; (g) impact on, access to or development of the areas existing or potential recreation amenities; (h) impact on vicinity wildlife habitats, natural areas and ecological reserves; (i) potential conflicts with adjacent or surrounding land uses, particularly agricultural operations and irrigation systems; (j) construction and financial responsibilities of the developer (development agreement); (k) if within 1 mile (1.6 km) of a provincial highway, any requirements of Alberta Transportation; (l) if the proposal would result in six parcels or more in a quarter section, a certified report may be required that meets the requirements of Section 23 of the Water Act. The costs of preparation, evaluation, interpretation and/or distribution of the said report shall be borne by the applicant and the results shall be forwarded to the Regional Director for the Water Act for interpretation, evaluation and comment. At its sole discretion, the municipality may charge additional fees to ensure that any certified report is referred to the appropriate authorities for evaluation and interpretation pursuant to section 61 of the Municipal Government Act. Upon the preparation and subsequent adoption of a water management plan within the municipality, this policy shall be reviewed and modified if necessary; 126 Municipal District of Taber Land Use Bylaw No. 201 P a r t 5 : G e n e r a l S t a n d a r d s o f D e v e l o p m e n t 126 Municipal District of Taber Land Use Bylaw No. 2011 (m) any other matters as required in accordance with the Municipal Development Plan, an adopted Intermunicipal Development Plan, and/or considered necessary by the municipality. 2 DESIGN, FINISH AND ORIENTATION OF BUILDINGS, STRUCTURES AND SIGNS 2.1 The design, character and appearance of buildings, structures, and signs shall be consistent with the intent of the land use district in which the building, structure or sign is located and compatible with surrounding development. 2.2 The Development Authority may impose conditions to ensure: (a) that the design, character and appearance of a building, structure or sign is compatible with other buildings in the vicinity and is of a suitable quality; (b) that the design, character and appearance of the building, structure, or sign is consistent with the purpose of the land use district in which the building is located; (c) that a development complies with any provision of a statutory plan applicable to the design, character and appearance of the building or structure in the district. 2.3 The Development Authority may regulate the exterior finish and colour of buildings, structures, and signs to improve the quality and/or ensure a suitable minimum standard. 2.4 The foundation type of any building and the maximum allowable height above the average finished surface level of the surrounding ground of the exposed portion of a foundation may be regulated by the Development Authority. 2.5 The orientation of buildings, structures, and signs may be regulated by the Development Authority to ensure suitability and compatibility of proposed development. 2.6 Placement and screening of exterior mechanical equipment may be regulated by the Development Authority to ensure suitability and compatibility of proposed development. 3 DEMOLITION OR REMOVAL OF BUILDINGS OR STRUCTURES 3.1 While a development permit is not required for demolition or removal of buildings or structures, demolition or removal of buildings or structures must comply with this Section. 3.2 No person shall commence or cause to be commenced the demolition or removal of any building or structure, or portion thereof, until all applicable Safety Codes approvals have been obtained and utility service disconnections have occurred. 3.3 Whenever a demolition or removal of a building or structure is carried out, the property owner shall, at their own expense, protect any wall, structure, sidewalk, roadway, utility or other public or private infrastructure liable to be affected by such demolition or removal, including those on neighbouring properties, from damage or displacement. Further, the property owner shall ensure that adequate measures are undertaken to ensure public safety. 3.4 Demolition or removal of buildings or structures may be a requirement of a development permit. P a r t 5 : G e n e r a l S t a n d a r d s o f D e v e l o p m e n t Municipal District of Taber Land Use Bylaw No. 2011 127 3.5 Whenever demolition or removal of a building or structure is required under section 3.4, it shall be a condition of the permit that the lot shall be cleared, with all debris removed, and left in a condition upon completion of the demolition or removal to the satisfaction of the Development Authority. 3.6 Whenever demolition or removal of a building or structure is required under section 3.4, the Development Authority may require the applicant to provide a cash deposit, irrevocable letter of credit or other acceptable form of security in such amount as to cover the costs of reclamation to any public utility or municipal infrastructure. 4 DEVELOPMENT IN PROXIMITY OF HAZARD LANDS, CONTAMINATED LANDS AND ENVIRONMENTALLY SIGNIFICANT OR SENSITIVE LANDS 4.1 Any application for development that is proposed on lands or in an area known or deemed to potentially contain a hazard, contaminated lands, or environmentally significant or sensitive lands, may be subjected to special information requirements, including but not limited to, professional engineering and geotechnical studies, environmental assessments, water reports and soils analysis in addition to any other applicable requirements. 4.2 Notwithstanding that a use of land may be permitted or discretionary in a land use district, the Development Authority may at its discretion, require any conditions deemed necessary to ensure site suitability and compatibility, mitigate/minimize potential impacts, and/or restrict development, including prescribing development setbacks and buffers. 5 DRAINAGE AND SITE GRADING 5.1 An applicant of a development or subdivision may be required to provide at their cost, a storm water management plan, site grading plan, finished elevation plan, drainage plan and/or any other plans, studies and reports prepared by a licensed professional, as part of the information requirements in considering an application or as a condition of approval. 5.2 When a Water Act approval for a stormwater management plan is required under provincial legislation, the applicant shall be responsible for obtaining the necessary approval and filing a copy of the decision with the municipality once the decision has been issued. Stormwater facilities adjacent to provincial highways may also require stormwater management approval from Alberta Transportation and other applicable provincial or municipal regulatory departments or agencies which are obligations of the applicant and shall be filed with the municipality once the decision has been issued. 5.3 Conditions to ensure appropriate grading and other measures to control surface drainage, reduce or eliminate grade differences between adjacent lots, and minimize erosion or slope instability, construction of retaining walls, special grading/and or paving or surface types, adherence to grading and drainage plans and final grades, and any other conditions considered necessary to address drainage and grading by the Development Authority may be required. 5.4 Where no specific engineered grading and drainage plan is requested for a development, the Development Authority may establish and specify building grades at its discretion. 128 Municipal District of Taber Land Use Bylaw No. 201 P a r t 5 : G e n e r a l S t a n d a r d s o f D e v e l o p m e n t 128 Municipal District of Taber Land Use Bylaw No. 2011 5.5 Any person who alters approved grading, drainage and/or stormwater management requirements without consent of the municipality and Alberta Environment, as applicable, shall be responsible for corrective measures to restore the site conditions consistent with the original approval. 6 FENCES General 6.1 No fence, wall, vegetation, or any combination thereof shall be constructed or placed within any developed or undeveloped roadway or laneway road allowance without approval of the Municipal District of Taber. Removal of such shall be at the property owner's expense. 6.2 Fencing may be required as a condition of development permit approval for any permitted or discretionary use as determined appropriate by the Development Authority. 6.3 The material types, finish, and colour of a fence, wall, or other means of enclosure in any land use district may be regulated by the Development Authority as a condition of approval. Hamlets and Localities 6.4 Within Hamlets and Localities: (a) No fence, wall, vegetation, or any combination thereof in any front yard or secondary front yard as illustrated in Figure 6 shall extend more than 3 feet (0.91m) above the ground without an approved development permit. (b) Fences in rear and side yards shall be limited to 6 feet (1.83 m) in height. (c) Within the Hamlet Residential District, fences shall not be constructed of barbed wire, razor wire, or other materials incompatible with a residential aesthetic as determined by the Development Authority. Figure 6 - Height Restriction for Fences, Walls, and Vegetation in Front and Secondary Front Yard - Hamlets and Localities P a r t 5 : G e n e r a l S t a n d a r d s o f D e v e l o p m e n t Municipal District of Taber Land Use Bylaw No. 2011 129 Grouped Country Residential, Grouped Country Mixed-Use, Grouped Rural Industrial, Rural Highway Commercial and Private Commercial Recreation Districts 6.5 Within Grouped Country Residential, Grouped Country Mixed-Use, Grouped Rural Industrial Districts, Rural Highway Commercial, and Private Commercial Recreation Districts: (a) No fence, wall, or other means of enclosure shall be allowed within the following setback distances as illustrated in Part 4, Figure 1, without an approved development permit: (i) 50 feet (15.24m) from the right-of-way of a local internal subdivision roadway; (ii) 100 feet (30.48 m) from the right-of-way of a public roadway that is not internal to the subdivision; (iii) within the clear sight triangle. (b) Fences in rear and side yards shall be limited to 6 feet (1.83 m) in height. (c) Wind screen fences require a development permit approval. (d) Agricultural open strand/barbed wire fencing to a maximum of 6 feet (1.83 m) in height, which does not unduly restrict vision of approaching vehicles is exempted from the requirements of subsection (a) and may be located on the property line without a development permit approval. Rural Agricultural and Rural/Urban Fringe Districts 6.6 Within Rural Agricultural and Rural/Urban Fringe Districts: (a) No fence, wall, or other means of enclosure shall be located within the following setback distances, as illustrated in Part 4, Figure 1, without an approved development permit: (i) 100 feet (30.48 m) from the right-of-way of a public roadway; (ii) within the clear sight triangle. (b) Wind screen fences that comply with requirements in subsection (a) do not require a development permit. (c) Agricultural open strand/barbed wire fencing to a maximum of 6 feet (1.83 m) in height which does not unduly restrict vision of approaching vehicles is exempted from the requirements of this section and may be located on the property line without a development permit approval. 7 LANDSCAPING, SCREENING AND BUFFERING 7.1 Landscaping, screening, and/or buffering may be required as a condition of development permit approval as determined appropriate by Development Authority. 7.2 The Development Authority may require a landscape, screening, and/or buffering plan prepared by a qualified professional be submitted for review and approval by the municipality as part of the development permit application and/or as a condition of development permit approval. 130 Municipal District of Taber Land Use Bylaw No. 201 P a r t 5 : G e n e r a l S t a n d a r d s o f D e v e l o p m e n t 130 Municipal District of Taber Land Use Bylaw No. 2011 7.3 Within the Hamlet Residential District, the front and secondary front yard shall be landscaped to the satisfaction of the Development Authority within 1 year after occupancy of the dwelling for which a development permit has been approved. 8 LIGHTING 8.1 Where artificial outdoor lighting is provided to illuminate any lot, building, site, or use the lighting shall be located, oriented or shielded to: (a) avoid direct illumination of the neighbouring properties; (b) not adversely affect the use, enjoyment and privacy of any dwelling; and (c) not interfere with traffic safety on public roadways. 8.2 Site lighting may be required as a condition of development permit approval and any such lighting shall be located, oriented, and shielded so as not to adversely affect neighbouring properties or traffic safety on public roadways. 9 OUTDOOR STORAGE See Part 6, Section 17 10 REFUSE COLLECTION AND STORAGE 10.1 Refuse and garbage shall be kept in a suitably sized enclosure for each use or shall be effectively screened until such time as collection or disposal is possible. P a r t 5 : G e n e r a l S t a n d a r d s o f D e v e l o p m e n t Municipal District of Taber Land Use Bylaw No. 2011 131 OFF-STREET PARKING AND LOADING 11 OFF-STREET PARKING AND LOADING AREA REQUIREMENTS - RURAL AREA 11.1 Off-street parking and loading area requirements for all development located within the rural area shall be as required by the Development Authority. 11.2 The Development Authority may require a parking study to be prepared by a qualified professional at the applicant's cost to determine parking requirements. 11.3 The Development Authority may require that driveways and parking and loading areas or portions thereof be properly gravelled or hard surfaced. 11.4 Off-street parking and loading areas shall be accessible and laid out and delineated in a manner that will provide for orderly parking, adequate drainage, snow removal and maintenance, emergency access, and sufficient traffic circulation and turnaround areas for the use(s). An applicant may be required to submit a professionally prepare parking plan as an application requirement or condition of development approval at the discretion of the Development Authority. 11.5 The Development Authority may regulate the location, require special setbacks, and/or buffering of designated off-street parking and loading areas. 11.6 The Development Authority may require that driveways and parking and loading areas or portions thereof be gravelled or hard surfaced, that parking and loading stalls and driving aisles be painted or demarcated and include sufficient provisions for safety such as bumper blocks, curbing and other similar measures, and prescribe any other design requirements to ensure sufficiency of driveways and parking and loading areas. 12 OFF-STREET PARKING AND LOADING AREA REQUIREMENTS - URBAN AREAS General 12.1 Except as otherwise authorized by the Municipal Planning Commission, all development within designated hamlets shall provide designated off-street parking and loading areas, as applicable in accordance with this section. 12.2 No parking shall be permitted in any front yard area except driveways and designated off- street parking and loading areas. 12.3 Driveways shall not be used for parking or storage of construction equipment, farm machinery, school buses, semi-truck cabs and/or trailers, or other similar machinery, equipment, or vehicles in the Hamlet Residential District. 12.4 Off-street parking and loading areas shall be accessible and laid out and delineated in a manner which will provide for orderly parking, adequate drainage, snow removal and maintenance, emergency access, and sufficient traffic circulation and turnaround areas for the use(s). An applicant may be required to submit a professionally prepared parking plan as an application requirement or condition of development approval at the discretion of the Development Authority. 12.5 The Development Authority may require special setbacks and/or buffering of designated off-street parking and loading areas. 132 Municipal District of Taber Land Use Bylaw No. 201 P a r t 5 : G e n e r a l S t a n d a r d s o f D e v e l o p m e n t 132 Municipal District of Taber Land Use Bylaw No. 2011 12.6 The Development Authority may require that driveways and parking and loading areas or portions thereof be gravelled or hard surfaced, that parking and loading stalls and driving aisles be painted or demarcated and include sufficient provisions for safety such as bumper blocks, curbing and other similar measures, and prescribe any other design requirements to ensure sufficiency of driveways and parking and loading areas. Off-Street Parking Requirements 12.7 The off-street parking requirements of this section apply within designated hamlets to: (a) all new buildings and uses; (b) the expansion or enlargement of existing buildings or uses; and (c) a change of use. 12.8 Off-street parking requirements based on floor area are to be computed on the gross floor area (GFA) of the building. Table 1, Minimum Required Off-Street Parking, shall be used to calculate the minimum number of off-street parking spaces a use is required to provide. Calculation of off-street parking requirements resulting in a fractional number shall be rounded up. 12.9 Off-street loading area(s) to serve buildings may be required if deemed necessary by the Development Authority. 12.10 The minimum off-street parking requirements may be decreased at the discretion of the Municipal Planning Commission, who may also take into account the number of parking spaces adjacent to the lot frontage on a public roadway or those in a designated vicinity public parking lot. 12.13 Where a use is not listed, minimum required off-street parking shall be provided as required by the Development Authority. The Development Authority may require a parking study to be prepared by a qualified professional at the applicant's cost to determine the parking requirements for a use not listed in Table 1. 12.14 A multiple use development must provide parking in an amount equal to the number of spaces for all uses, except where a shared parking provision is approved by the Development Authority. 12.15 A shared parking provision based upon the proposed sharing of parking spaces between two or more uses must include a written agreement between the owners on record. Where such off-site parking is approved, a caveat may be required to be registered against the lot to guarantee the continuous use of the site for parking. 12.16 Barrier-free parking areas and stalls shall be provided for those with disabilities in accordance with Safety Codes requirements. Refer to the applicable Barrier-Free Design Guideline, Safety Codes Council, for barrier-free requirements. P a r t 5 : G e n e r a l S t a n d a r d s o f D e v e l o p m e n t Municipal District of Taber Land Use Bylaw No. 2011 133 Table 1 - Minimum Required Off-street Parking USE MINIMUM PARKING SPACES Dwellings: Single-detached (all types) 2 per dwelling unit Duplex, Semi-detached and Secondary Suite 2 per dwelling unit Multi-unit 1.5 per dwelling unit + visitor parking as may be required by Development Authority Garden suite 1 per dwelling unit Professional, Financial and Office Support Services 1 space per 500 ft2 (46.5 m2) GFA Churches 1 per each 4 seating places Convenience Store 1 per 300 ft2 (27.9 m2) GFA Hospitals 1 per employee and 1 per 3 beds Hotels, Motels and Lodging and Boarding Houses 1 per guest room and 1 per each 2 seating places Industrial 1 per employee Medical Clinics 1 per employee and 1 per each 600 ft2 (55.74 m2) GFA Public Assembly Buildings (e.g., halls and clubs, auditoriums, arenas) 1 per each 4 seating places Restaurants 1 per employee and 1 per each 4 seats Retail Store and Personal Service 1 per employee and 1 per each 600 ft2 (55.74 m2) GFA Educational Facility 1 per employee, or more, as required by the Development Authority Service Stations 1 per employee and 2 per service bays Theatres 1 per each 2 seating spaces All Others As required by the Development Authority M u n i c i p a l D i s t r i c t o f T a b e r L a n d U s e B y l a w N o . 2 0 1 1 PART 6 Use-Specific Standards of Development P a r t 6 : U s e - S p e c i f i c S t a n d a r d s o f D e v e l o p m e n t Municipal District of Taber Land Use Bylaw No. 2011 135 PART 6: USE-SPECIFIC STANDARDS OF DEVELOPMENT The standards in this Part establish additional requirements applicable to specific uses. For uses not listed within this Part, use-specific standards are as required by the Development Authority. All other Parts of this Bylaw, including Administration, Land Use Districts, Site and Servicing Requirements, General Standards of Development and Definitions apply to the specific uses within this Part unless specifically stated otherwise. This Part does not preclude the Development Authority from requiring additional information, standards, and/or conditions of approval for the specific uses listed herein in accordance with this Bylaw, including the requirement to provide financial security to ensure the conditions of the development are carried out. USE-SPECIFIC STANDARDS 1 ANCILLARY BUILDINGS, STRUCTURES, AND USES 1.1 No ancillary building, structure, or use shall be allowed on a lot without an approved principal structure or use, unless specified otherwise in this Bylaw. 1.2 Specific ancillary buildings, structures and uses that may be exempt from the requirement of obtaining a development permit are specified in Part 2 Development Not Requiring a Development Permit. 1.3 In the Hamlet Residential land use district, ancillary buildings shall not be constructed within the front yard or secondary front yard unless allowed otherwise by the Municipal Planning Commission. 2 ANHYDROUS AMMONIA BULK STORAGE FACILITY 2.1 For a development application for an Anhydrous Ammonia Bulk Storage Facility or a residential dwelling in proximity to an existing bulk anhydrous ammonia storage facility the Development Authority: (a) shall consider the location of neighbouring residential uses and apply the "Guidelines for the Location of Stationary Bulk Ammonia Facilities", or subsequent guidelines, prepared by Alberta Environment before making a decision on a development application for an anhydrous ammonia bulk storage facility; and (b) in all instances, a development application for a residential dwelling shall not be approved if it is located within 500 metres (1,640 ft.) of an established anhydrous ammonia bulk storage facility. 3 ANIMAL CARE AND BOARDING 3.1 The following additional information shall be submitted with a development permit application for Animal Care and Boarding: (a) a business plan with information on the number of animals, type of facility proposed, description of how waste (feces) will be managed; and, (b) if a breeding kennel, the type (breed), ratio of females to males, and anticipated litters. 136 Municipal District of Taber Land Use Bylaw No. 201 P a r t 6 : U s e - S p e c i f i c S t a n d a r d s o f D e v e l o p m e n t 136 Municipal District of Taber Land Use Bylaw No. 2011 3.2 The maximum number of adult dogs that may be kept at any one time by the operator of a private or commercial kennel may be regulated. 3.3 All pens, rooms, exercise runs, and holding stalls may be required to be soundproofed and the times at which animals are allowed outdoors may be regulated as a condition of approval. 3.4 Kenneling facilities shall be operated in accordance with any applicable health regulations and excrement and similar waste shall be disposed of in an acceptable manner, which may be regulated as a condition of approval. 3.5 All animal food stored on-site must be securely stored inside buildings and no outdoor storage is allowed. 4 CANNABIS - PRODUCTION FACILITY, CULTIVATION, AND RETAIL STORE Cannabis Production Facility and Cannabis Cultivation 4.1 The owner or applicant must provide as a condition of development a copy of the current license for all activities associated with the Cannabis Production Facility or Cannabis Cultivation as issued by Health Canada. 4.2 The owner or applicant of a Cannabis Production Facility or Cannabis Cultivation must obtain any other approval, permit, authorization, consent or licence that may be required to ensure compliance with applicable federal, provincial and other municipal legislation prior to operation. 4.3 For Cannabis Production Facilities, the development must be undertaken in a manner such that all of the processes and functions are fully enclosed within a building, including waste materials. 4.4 For Cannabis Production Facilities, the development must include equipment designed and intended to remove odours from the air where it is discharged from the building as part of the ventilation system. 4.5 For outdoor Cannabis Cultivation, the development must include security and fencing as per the Federal regulations and as required by the Municipal Planning Commission. 4.6 A public utility and waste management plan shall be submitted with a development permit application for a Cannabis Production Facility or Cannabis Cultivation that describes: (a) estimated volume of monthly water usage and source of water; (b) incineration of waste products and airborne emissions, including smell; (c) the quantity and characteristics of liquid and waste material discharged by the facility; and (d) the method and location of collection and disposal of liquid and waste material. P a r t 6 : U s e - S p e c i f i c S t a n d a r d s o f D e v e l o p m e n t Municipal District of Taber Land Use Bylaw No. 2011 137 Retail Cannabis Store 4.7 The following additional information shall be submitted with a development permit application for a Retail Cannabis Store: (a) documentation demonstrating how the Retail Cannabis Store complies with the Conditions Governing Cannabis Store Premises under the Alberta Gaming, Liquor and Cannabis Regulation; (b) proposed exterior business signage and information demonstrating compliance with the Alberta Gaming Liquor and Cannabis store names requirements; and (c) a list of surrounding land uses within 492 feet (150 m) of the subject property. 4.8 A Retail Cannabis Store shall not be approved if any portion of an exterior wall of the store is located within 328 feet (100 metres) of: (a) the boundary of a parcel of land on which a provincial health care facility is located, including any associated grounds; (b) the boundary of a parcel of land containing a school (as defined in the Education Act, excluding a home education program), including any associated school grounds; (c) the boundary of a parcel of land that is designated as school reserve (SR) or municipal and school reserve (MSR) under the Municipal Government Act; (d) the boundary of a municipal or provincial owned parcel of land on which a park, playground, campground, or recreation area is located. 4.9 A Retail Cannabis Store shall not be approved if any portion of the exterior wall of the store is located within 492 feet (150 metres) of another retail cannabis store (measured to the exterior wall). 4.10 All retail cannabis stores shall be subject to the condition that the applicant is responsible for obtaining all applicable approvals from Alberta Gaming, Liquor and Cannabis with a copy of such approvals submitted to the MD of Taber prior to operation of a retail cannabis store. 4.11 The owner or applicant of a Retail Cannabis Store must obtain any other approval, permit, authorization, consent, or licence that may be required to ensure compliance with applicable federal, provincial and other municipal legislation prior to operation. 5 COVERALL/FABRIC BUILDINGS AND STRUCTURES 5.1 Engineering reports, schematic drawings, and other similar design drawings in consideration of approving a development permit for a Coverall/Fabric Building may be required prior to issuance of a development permit and/or as a condition of approval for any coverall/fabric building or structure. 5.2 All coverall/fabric buildings and structures must be securely tethered and anchored to the ground in accordance with provincial Safety Codes requirements and all fabric covers must be securely tethered to the structures' frame. 138 Municipal District of Taber Land Use Bylaw No. 201 P a r t 6 : U s e - S p e c i f i c S t a n d a r d s o f D e v e l o p m e n t 138 Municipal District of Taber Land Use Bylaw No. 2011 5.3 Architectural standards and specific requirements for the type of fastening or tie-down system and fabric material and colour to be applied to the fabric building or structure may be stipulated as a condition of development approval. 5.4 The exterior of a coverall/fabric building or structure shall be maintained in a state of good repair and shall be free of rips, tears, and other signs of disrepair. 5.5 In the Hamlet Residential land use district, coverall/fabric buildings and structures shall not be placed within the front yard or secondary front yard unless allowed otherwise by the Municipal Planning Commission. 6 DUGOUTS Dugouts 6.1 Dugouts shall be designed in a manner to prevent drainage, erosion, and/or seepage issues on neighbouring parcels of land, including municipal road allowances. 6.2 A development permit application for a dugout requesting a variance to any setback standard may be required to be accompanied by professionally prepared soils analyses and reports and/or engineered designs, and/or design details to demonstrate drainage, erosion, and seepage will not be an issue. 6.3 It is recommended that security and safety measures such as fencing, ladders, signage and floatation devices, are considered in the design of a dugout, and incorporated as deemed appropriate by a landowner. 6.4 Where a development permit is required, a dugout may be required to be fenced, barricaded, or otherwise armoured and include other safety measures as deemed appropriate by the Development Authority. 6.5 It shall be the responsibility of the landowner to determine and obtain any applicable Water Act approvals and/or other provincial approvals for a Dugout. P a r t 6 : U s e - S p e c i f i c S t a n d a r d s o f D e v e l o p m e n t Municipal District of Taber Land Use Bylaw No. 2011 139 7 DWELLING: SECONDARY DWELLING AND ADDITIONAL DWELLINGS/DWELLING UNITS 7.1 Secondary Dwelling and Additional Dwellings/Dwelling Units within the Rural Agricultural and Rural Urban Fringe land use districts are subject to the following: (a) On a parcel less than 80 acres (32.4 ha) in size, a maximum of one dwelling in addition to the Primary Single-detached Dwelling may be approved as a Secondary Dwelling at the discretion of the Municipal Planning Commission, subject to the following: (i) the Secondary Dwelling shall be a: i. Secondary Suite located within the existing Primary Single-detached Dwelling; or ii. a separate Single-detached Dwelling; or iii. a Garden Suite. (ii) if the Secondary Dwelling is a Single-detached Dwelling or a Garden Suite, the following shall apply unless approved otherwise by the Municipal Planning Commission upon consideration of site-specific circumstances: i. the Secondary Dwelling is located within proximity of the Primary Single-detached Dwelling within the defined farmstead and in a manner that does not encourage further subdivision; ii. if allowed outside of the defined farmstead, the Secondary Dwelling is located upon the portion of the parcel which has the lowest capability for extensive agricultural use. (b) On a parcel 80 acres (32.4 ha) or greater in size: (i) A maximum of one Secondary Single-detached Dwelling may be approved on the parcel as a permitted use. Note, Single-detached prefabricated used and moved-in dwelling types are discretionary. (ii) The maximum number, type, and location of Additional Dwellings/Dwelling Units in addition to the Secondary Single-detached Dwelling approved under subsection (i) is at the discretion of the Municipal Planning Commission. 8 DWELLING: SITE BUILT DWELLINGS 8.1 Site Built Dwellings including Earthship homes, shipping container homes, and other site built dwellings using non-conventional building materials shall be processed as a discretionary use and: (a) must demonstrate ability to comply with the applicable Alberta Safety Codes standards; Secondary Dwelling and Additional Dwellings/Dwelling Units1 Parcel Size Permitted Discretionary < 80 Acres 1 Primary Single- detached Dwelling 1 Secondary Dwelling ≥80 Acres 1 Primary Single- detached Dwelling and 1 Secondary Single- detached Dwelling Any Additional Dwellings/Dwelling Units 1These limitations do not apply to Employee Housing, which is classified as a separate use. 140 Municipal District of Taber Land Use Bylaw No. 201 P a r t 6 : U s e - S p e c i f i c S t a n d a r d s o f D e v e l o p m e n t 140 Municipal District of Taber Land Use Bylaw No. 2011 (b) must include engineered drawings prepared by a qualified professional with the development permit application unless determined otherwise by the Development Authority. 8.2 The design, character and appearance of site built dwellings shall be compatible with other buildings in the vicinity in the opinion of the Development Authority. 9 DWELLING: PREFABRICATED DWELLINGS (MANUFACTURED, MODULAR, AND READY-TO-MOVE) 9.1 Eligible Prefabricated Dwellings are: (a) new factory-built dwelling units (single-wide manufactured dwelling, double-wide manufactured dwelling, modular dwelling units) that have not been previously occupied and are built in conformity to the current Alberta Safety Codes standards and CSA certification for a year-round permanent dwelling; (b) new Ready-to-Move dwelling units that have not been previously occupied and would normally be constructed on the site intended for occupancy, but for various reasons, are constructed off-site and are built in conformity with the current Alberta Safety Codes standards for a year-round permanent dwelling and then transported to the site intended for occupancy; (c) previously occupied factory-built dwelling units (single-wide manufactured dwellings, double-wide manufactured dwellings, and modular dwelling units) built as a year-round permanent dwelling in a good state of repair to the satisfaction of the Municipal Planning Commission. 9.2 A development permit application for a New Prefabricated Dwelling under section 9.1(a) and (c) shall be accompanied by the following additional information: (a) recent colour photographs or renderings showing each elevation of the building; (b) a set of professional building plans illustrating the exterior design, floor plan, elevations, and foundation type of the home unless determined otherwise by the Development Authority; (c) any proposed additions, including porches, steps, decks, garages, or other similar features; and (d) the proposed foundation or footing type. 9.3 A development permit application for a Used (Previously Occupied) Prefabricated Dwelling under section 9.1(c) shall be accompanied by the following additional information: (a) recent colour photographs showing each elevation of the building; (b) drawing of the floor plan, or if available, professional building plans illustrating the exterior design, floor plan, elevations, and foundation type of the home; (c) any proposed additions, including porches, steps, decks, garages, or other similar features; (d) a description of any proposed improvements to the exterior of the dwelling (e.g. replace shingles, windows, doors, repaint or replace siding); (e) the proposed foundation or footing type; and P a r t 6 : U s e - S p e c i f i c S t a n d a r d s o f D e v e l o p m e n t Municipal District of Taber Land Use Bylaw No. 2011 141 (f) documentation prepared by a qualified Safety Codes inspector, demonstrating that the dwelling meets the requirements of the current Alberta Safety Codes standards (building and fire) or other comparable documentation deemed acceptable by the Development Authority. If the dwelling does not meet the requirements of the current Alberta Safety Codes standards, the application shall also include the following: (i) information indicating how the dwelling will be brought up to meet the current requirements of the Alberta Safety Codes; and (ii) the proposed timeframe for completing the improvements. 9.4 Within the Hamlet Residential District, Grouped Country Residential District and the Grouped Country Mixed-Use District, Prefabricated Dwellings are subject to the following additional requirements: (a) the design, character and appearance of a prefabricated dwelling must be compatible with the surrounding dwellings with other dwellings in the vicinity in the opinion of the Development Authority; (b) the compatibility of a proposed single-wide prefabricated dwelling or a proposed previously occupied prefabricated dwelling with existing dwelling types will be considered prior to issuance of a decision on a development application; (c) roof-pitches and variation of rooflines may be regulated to ensure compatibility with existing dwellings; (d) any wheels, hitches, or running gears shall be removed immediately upon placement of the prefabricated dwelling; (e) all prefabricated dwellings not placed on permanent foundations of continuous concrete or continuous concrete block foundations, shall be skirted to the satisfaction of the Development Authority; (f) additions to a Prefabricated Dwelling shall be of a complementary design and finish to that of the dwelling; and (g) all development permit approvals for a previously occupied Prefabricated Dwelling shall be subject to a condition specifying a time limit for completion of the development, including all exterior finishes. 9.5 At the discretion of the Development Authority, Prefabricated Dwellings in any other land use district may also be subject to the additional standards in section 9.4. 10 DWELLING: MOVED-IN DWELLINGS 10.1 A development permit application for a Moved-in Dwelling (previously occupied dwelling), shall be accompanied by the following additional information: (a) recent colour photographs showing each elevation of the building; (b) drawing of the floor plan, or if available, professional building plans illustrating the exterior design, floor plan, elevations, and foundation type of the home; (c) any proposed additions, including porches, steps, decks, garages, or other similar features; (d) a description of any proposed improvements to the exterior of the dwelling (e.g. replace shingles, windows, doors, repaint or replace siding); 142 Municipal District of Taber Land Use Bylaw No. 201 P a r t 6 : U s e - S p e c i f i c S t a n d a r d s o f D e v e l o p m e n t 142 Municipal District of Taber Land Use Bylaw No. 2011 (e) the proposed foundation type; (f) documentation prepared by a qualified Safety Codes inspector, demonstrating that the dwelling meets the requirements of the current Alberta Safety Codes standards (building and fire) or other comparable documentation deemed acceptable by the Development Authority. If the dwelling does not meet the requirements of the current Alberta Safety Codes, the application shall also include the following: (i) information indicating how the dwelling will be brought up to meet the current Alberta Safety Codes requirements; and (ii) a proposed timeframe for completing the improvements. 10.2 The maximum foundation elevation, exterior finish, and orientation of a Moved-in Dwelling shall be as required by the Municipal Planning Commission. 10.3 Moved-in Dwellings shall be placed on a permanent foundation. 10.4 All development permit approvals for a Moved-In Dwelling shall be subject to a condition specifying a time limit for completion of the development, including all exterior finishes. 11 DWELLING: GARDEN SUITES 11.1 A Garden Suite shall not be approved unless the lot contains a habitable Single-detached Dwelling (i.e., the single-detached dwelling must be constructed and habitable before approval of a garden suite may be approved). 11.2 A Garden Suite shall be incidental and subordinate to the Single-detached Dwelling. 11.3 The minimum and maximum floor area of a Garden Suite is as follows: (a) minimum floor area: As required by the Municipal Planning Commission (b) maximum floor area: 800 ft2 (74.32 m2) 11.4 A Garden Suite shall be required to connect to municipal sewer and water services as a condition of approval when located in a Hamlet where municipal water and sewer services are available. 11.5 The building design, maximum foundation elevation, exterior finish, and orientation of a Garden Suite shall be as required by the Municipal Planning Commission. 11.6 A Garden Suite shall be constructed on a permanent foundation. 11.7 The development of a Garden Suite shall meet all applicable Alberta Safety Codes standards for a dwelling unit as a condition of approval and shall be designed for year- round (all season) residential occupancy. 11.8 Off-street parking requirements for a Garden Suite are as stipulated in Part 5, Sections 11 and 12. 11.9 A Garden Suite within the Hamlet Residential District, Grouped Country Residential District and Grouped Country Mixed-Use District is subject to the following additional standards: (a) A Garden Suite shall not be approved on a lot that contains a duplex, row or townhouse, semi-detached dwelling, multi-unit dwelling, or a single-detached dwelling (all types) containing a Secondary Suite. (b) A maximum of one Garden Suite may be allowed. P a r t 6 : U s e - S p e c i f i c S t a n d a r d s o f D e v e l o p m e n t Municipal District of Taber Land Use Bylaw No. 2011 143 (c) A Garden Suite shall not be permitted in the front yard. (d) The exterior finish and style of the building containing a Garden Suite must complement or reflect the design of the single-detached dwelling incorporating similar or complementary features such as window and door detailing, exterior cladding materials, colours, and roof lines. (e) Requirements for ancillary buildings stipulated within the land use district are applicable to a Garden Suite. 12 DWELLING: SECONDARY SUITES 12.1 A Secondary Suite shall not be permitted within a manufactured home, duplex, row or townhouse, semi-detached dwelling, multi-unit dwelling, garden suite, or surveillance suite. 12.2 A maximum of one Secondary Suite may be approved within a single-detached dwelling. 12.3 Within the Hamlet Residential District, Grouped Country Residential District and Grouped Country Mixed-Use District, a Secondary Suite shall not be approved on a lot that contains a Garden Suite. 12.4 Off-street parking requirements are as stipulated in Part 5, Sections 11 and 12. 12.5 Development of a Secondary Suite shall meet all applicable Alberta Safety Codes standards for a dwelling unit as a condition of approval. 12.6 A Secondary Suite shall not be subject to separation from the principal dwelling through a condominium conversion or subdivision, except if eligible for a semi-detached dwelling subdivision. 13 EMPLOYEE HOUSING 13.1 The maximum density per lot for Employee Housing is at the discretion of the Municipal Planning Commission. 13.2 Permissible Employee Housing dwelling types are at the discretion of the Municipal Planning Commission and may include but are not limited to: site built dwellings, prefabricated dwellings, moved-in dwellings, workforce relocatable trailers, duplexes, multi-unit dwellings, and row and townhouses. 13.3 Development of Employee Housing shall meet all applicable Alberta Safety Codes standards as a condition of approval. 14 HOME OCCUPATIONS Home Occupation Standards - Hamlet Residential, Grouped Country Residential and Grouped Country Mixed-Use Districts 14.1 Home Occupations Class A and B within the Hamlet Residential, Grouped Country Residential and Grouped Country Mixed-Use land use districts are subject to the following: (a) The business operator must be a full-time resident of the home: 144 Municipal District of Taber Land Use Bylaw No. 201 P a r t 6 : U s e - S p e c i f i c S t a n d a r d s o f D e v e l o p m e n t 144 Municipal District of Taber Land Use Bylaw No. 2011 (i) Home Occupation Class A: no person other than the residents of the home shall be engaged in such occupations on the premises. (ii) Home Occupation Class B: no person other than the residents of the home and 1 non-resident employee shall be engaged in such occupations on the premises. (b) The use shall not involve the display or storage of goods or equipment upon or inside the premises such that these items are exposed to public view from the exterior. (c) No variation in the residential character and appearance of the dwelling, ancillary residential building, or land shall be permitted. (d) The use shall not generate substantially more vehicular and/or pedestrian traffic and vehicular parking than normal within the district. (e) No offensive noise, vibration, electrical interference, smoke, dust, odours, heat, or glare shall be produced by the use. (f) No use shall cause an increase in the demand placed on any one or more utilities (water, sewer, electricity, telephone, garbage, etc.) such that the combined total consumption for a dwelling and its home occupation substantially exceeds the average for residences in the area. (g) No use requiring electrical or mechanical equipment shall cause a substantial fire rating change in the structure or the district in which the home occupation is located. (h) No advertising sign shall be permitted except a small name plate attached to the building, not exceeding 4 ft2 (0.37 m2) and approved by the Development Authority. (i) Parking requirements for Class B Home Occupations shall be as required by the Municipal Planning Commission. (j) The maximum number of home occupations allowable shall be determined by the Development Authority having regard to the scale and intensity of the home occupation(s), the potential impacts to the area, and any other matters deemed relevant by the Development Authority. (k) All permits issued for home occupations shall be subject to the condition that the permit is renewed annually and may be revoked at any time if, in the opinion of the Development Authority, the use is or has become detrimental to the residential character and amenities of the neighbourhood. Home Occupation Standards - Rural Agricultural and Rural Urban Fringe Districts 14.2 Home Occupations Class A and B within the Rural Agricultural and Rural Urban Fringe land use districts are subject to the following: (a) The business operator must be a full-time resident of the home: P a r t 6 : U s e - S p e c i f i c S t a n d a r d s o f D e v e l o p m e n t Municipal District of Taber Land Use Bylaw No. 2011 145 (i) Home Occupation Class A: no person other than the residents of the home shall be engaged in such occupations on the premises. (ii) Home Occupation Class B: no person other than the residents of the home and one non-resident employee shall be engaged in such occupations on the premises, unless allowed otherwise by the Municipal Planning Commission. (b) The use may involve the display or storage of goods or equipment, upon or inside the premises, in such a manner that these items are exposed to public view from the exterior in accordance with limitations established by the Development Authority. (c) The variation in the rural residential character and appearance of the dwelling and ancillary buildings or land may be limited by the Development Authority. (d) The use shall not generate volumes of traffic which, in the opinion of the Development Authority, could have a negative impact on vicinity residences or the safe, efficient operation of roads. (e) No offensive noise, vibration, electrical interference, noise, dust or odours, heat or glare shall be produced by the use. (f) One on-premises advertising sign of up to 32 ft2 (3.0 m2) and one off-premises (directional) sign of up to 16 ft2 (1.50 m2) may be approved by the Development Authority. (g) Parking requirements for Class B Home Occupations shall be as required by the Municipal Planning Commission. (h) The maximum number of home occupations allowable shall be determined by the Development Authority having regard to the scale and intensity of the home occupation(s), the potential impacts to the area, and any other matters deemed relevant by the Development Authority. (i) All permits issued for rural home occupations shall be subject to the condition that the permit is renewed annually and may be revoked at any time if, in the opinion of the Development Authority, the use is or has become detrimental to the area. 15 MANUFACTURED HOME PARK 15.1 All applications for Manufactured Home Parks shall be considered on the basis of an adopted Area Structure Plan or an approved Conceptual Design Scheme. 16 METEOROLOGICAL (MET) TOWERS 16.1 Meteorological (MET) Towers are subject to the following: (a) The tower shall be set back a minimum distance equal to the total height of the tower from all property lines unless otherwise approved by the Municipal Planning Commission. (b) The placement of the tower's guy wire anchors are subject to the setback requirements of the applicable land use district. 146 Municipal District of Taber Land Use Bylaw No. 201 P a r t 6 : U s e - S p e c i f i c S t a n d a r d s o f D e v e l o p m e n t 146 Municipal District of Taber Land Use Bylaw No. 2011 (c) The tower shall comply with all required setbacks to public roadways including intersection sight triangle requirements unless a variance has been approved by the Municipal Planning Commission. (d) The tower may be required to be marked with aviation paint (e.g., banding in orange and white or otherwise conspicuous colour combination) and marker balls (in solid orange) installed on the top of guy wires, and/or lighted in accordance with Transport Canada requirements and guidelines as required by the Municipal Planning Commission. 16.2 Bat and bird monitoring towers are considered to be a similar use to MET Towers and subject to the standards of this Section. 17 OUTDOOR STORAGE 17.1 Rural: (a) Where any parcel, or part thereof, adjacent to a rural road, provincial highway, designated scenic, tourist or recreational access road, special scenic area, historical or archaeological site, public park or recreation area, or transportation route identified as a community gateway, is used for the commercial outdoor storage of goods, machinery, vehicles, or building or waste materials, the Development Authority may require screening by buildings, fences, hedges, trees, earth berms or other landscaping features, to its satisfaction. (b) Regardless of location, outdoor storage as an independent use or associated with any isolated industrial or commercial use may be subject to requirements for fencing, screening, and buffering as required by the Development Authority. 17.2 Urban (Designated Hamlets): (a) No outdoor storage shall be permitted in the required residential front yard setback in hamlets, nor in any other required yard setback area of any other land use district unless approved by the Development Authority. (b) Outdoor storage of goods, machinery, or building/waste materials shall be kept effectively screened from view by buildings, fences, trees, hedges, earth berms, and other landscaped features, or combinations thereof, unless approved otherwise by the Development Authority, and be maintained in a state of good repair. 18 PERSONAL WORKSHOP AND STORAGE BUILDING 18.1 The Personal Workshop and Storage Building use is intended for application on a vacant parcel of land where a principal use has not been established and the building is not ancillary to an established principal use. 18.2 A Personal Workshop and Storage Building shall be for personal use only and not associated with or part of a commercial, industrial, or other business use. 18.3 The maximum floor area of a Personal Workshop and Storage Building may be regulated by the Municipal Planning Commission. 18.4 Approval of a Personal Workshop and Storage Building shall take into consideration the suitability of the land and compatibility with adjacent uses. P a r t 6 : U s e - S p e c i f i c S t a n d a r d s o f D e v e l o p m e n t Municipal District of Taber Land Use Bylaw No. 2011 147 19 RESIDENTIAL USE OF AGRICULTURAL AND OTHER NON-RESIDENTIAL BUILDINGS 19.1 Agricultural buildings, regardless of size, shall require a development permit and all applicable Safety Codes permits where one or more dwelling units or living quarters are proposed to be included in the building or attached to the building. 19.2 The maximum number of dwelling units or living quarters within or attached to an agricultural or other non-residential building shall be determined by the Municipal Planning Commission. 19.3 Construction of a dwelling unit or living quarters within or attached to an agricultural building or other non-residential building shall meet all applicable Alberta Safety Codes standards for year-round (all season) residential occupancy as a condition of approval. 20 SHIPPING CONTAINERS 20.1 The following additional information shall be submitted with a development permit application for a Shipping Container: (a) colour photographs of all sides of the shipping container; and (b) if repainting of the exterior is proposed, the finished paint colour. General Standards 20.2 The following General Standards apply to Class A (Temporary) and Class B (Permanent) Shipping Containers in all land use districts where the use is listed as a permitted or discretionary use: (a) There shall be a primary use on the property where the shipping container is proposed, except as provided in section 20.5. (b) The maximum number of shipping containers approved on a lot shall be as regulated by the Development Authority, unless stipulated otherwise in this Section. (c) Where multiple shipping containers are approved on a lot they shall be stacked no more than two containers high, except where stacking of containers is prohibited as stipulated in sections 20.3 and 20.4. (d) The exterior of all shipping containers must be kept clean and regularly painted. (e) Class B Shipping Containers shall not display advertising, company logos, names trademarks, or other branding without approval of the Municipal Planning Commission, except where such is prohibited as stipulated in sections 20.3 and 20.4. (f) The Development Authority may require as a condition of approval that any shipping container be sandblasted and/or painted to the satisfaction of the Development Authority. (g) The Development Authority may require as a condition of approval that any shipping container be screened from view or landscaped to make it aesthetically pleasing. 148 Municipal District of Taber Land Use Bylaw No. 201 P a r t 6 : U s e - S p e c i f i c S t a n d a r d s o f D e v e l o p m e n t 148 Municipal District of Taber Land Use Bylaw No. 2011 (h) The Development Authority may regulate the time period for which a development permit is valid through the issuance of a temporary permit. The validity of a temporary permit shall not exceed one year. (i) Where a shipping container is proposed for use as a building material or conversion to use as a building or structure for a different use, the following shall apply: (i) the proposed use must be listed as a permitted or discretionary use within the land use district and shall be processed as a discretionary use regardless of whether the use is listed as a permitted; (ii) the shipping container conversion will be able to meet all applicable Safety Codes requirements; (iii) engineered drawings prepared by a qualified professional shall be submitted with the development permit application unless determined otherwise by the Development Authority; (iv) the Municipal Planning Commission is of the opinion the design, character and appearance of the finished building is compatible with other buildings in the vicinity and consistent with the purpose of the land use district. 20.3 Within the Hamlet land use districts, in addition to section 20.2, a Class B Shipping Container: (a) is subject to the maximum lot coverage and setback requirements for ancillary structures where such standards are prescribed in the applicable land use district; where not prescribed the standards are as required by the Development Authority. (b) shall not be located in the front yard, except as may be allowed in non-residential districts at the discretion of the Municipal Planning Commission. (c) shall not display any advertising, company logos, names, trademarks, or branding, except as may be allowed in non-residential districts at the discretion of the Municipal Planning Commission; and (d) shall not be permitted to be stacked upon one another where more than one shipping container is approved on a lot, except as may be allowed in the Hamlet Industrial District at the discretion of the Municipal Planning Commission. 20.4 Within the Grouped Country Mixed-Use District, in addition to section 20.2, a Class B Shipping Container: (a) is subject to the setback requirements for ancillary buildings and structures; (b) counts toward the maximum number of ancillary buildings and square footage allowances stipulated in the district; (c) shall not display any advertising, company logos, names, trademarks, or branding; and (d) shall not be permitted to be stacked upon one another where more than one shipping container is approved on a lot. P a r t 6 : U s e - S p e c i f i c S t a n d a r d s o f D e v e l o p m e n t Municipal District of Taber Land Use Bylaw No. 2011 149 Shipping Containers Not Requiring A Development Permit 20.5 Temporary Shipping Containers - Class A Shipping Container (a) A shipping container may be placed temporarily on a construction site, for the period of construction only, in any land use district without obtaining a development permit subject to the following provisions: (i) the shipping container is needed in connection with construction of a development for which a development permit has been issued; (ii) the construction site is active (i.e. construction has commenced and is on- going or is about to commence within 1 week); placement of a shipping container on an inactive construction site is not permitted; (iii) no more than one shipping container is placed on the construction site (a development permit is required for additional shipping containers on a construction site); (iv) the exterior of the shipping container is kept clean and does not display any advertising other than the company logo, name, or trademark; (v) in hamlet land use districts, the shipping container shall be located a minimum of 10 ft. (3.05 m) from the front property line and 5 ft. (1.52 m) from the side and rear property lines. On corner lots, placement of the container shall also comply with the corner lot restrictions in Part 4, Section 8; (vi) in rural land use districts, the placement of the shipping container shall comply with public road setback requirements and intersection sight triangle setback requirements in Part 4, Sections 4 and 7 and shall be located a minimum of 20 ft (6.10 m) from the side and rear property lines. (vii) the shipping container shall be removed within 14 days of the completion of construction or sooner as may be required by the Development Authority. (b) A maximum of one shipping container may be placed temporarily on a parcel of land in any land use district for a maximum of 30 days without obtaining a development permit, where the shipping container is required for: (viii) emergency purposes to temporarily accommodate storage of goods on a property where a building has been damaged by a fire, flood, sewer backup, or other ruin; or (ix) renovation work is being done to a building on a property which does not require a development permit; and (x) the shipping container is located entirely on the property and: i. within rural land use districts, complies with the public road setback requirements and intersection sight triangle requirements in Part 4, Sections 4 and 7 and is located a minimum of 20 ft (6.10 m) from the side and rear property lines; 150 Municipal District of Taber Land Use Bylaw No. 201 P a r t 6 : U s e - S p e c i f i c S t a n d a r d s o f D e v e l o p m e n t 150 Municipal District of Taber Land Use Bylaw No. 2011 ii. within hamlet land use districts complies with the intersection sight triangle requirements in Part 4, Section 8, if applicable, and is located a minimum of 10 ft. (3.05 m) from the front property line and 5 ft. (1.52 m) from the side and rear property lines. (c) A development permit approval for a temporary shipping container shall not exceed a period of 1 year. 20.6 Shipping Containers Associated with Extensive Agriculture and/or Primary Agricultural Operations (a) Within the Rural Agricultural and Rural Urban Fringe land use districts a maximum of two shipping containers are permitted without obtaining a development permit subject to the following provisions: (i) the shipping containers are associated with Extensive Agriculture or Primary Agricultural Operations as defined in Part 11 Definitions; (ii) the lot upon which the containers are placed is 5 acres (2 ha) or greater in size; (iii) the location of the containers complies with the public road setback requirements and intersection sight triangle requirements, Part 4, Section 4 and Section 7 and the setbacks from property lines for permitted uses in the applicable land use district. (iv) the exterior of the shipping containers are kept clean and regularly painted; (v) the shipping containers shall not display advertising, company logos, names, trademarks, or other marketing. 21 SIGNS Refer to Part 7. 22 SURVEILLANCE SUITES 22.1 A development permit for a Surveillance Suite may only be issued if the surveillance suite is compatible with and subordinate to the principal use of the parcel in the opinion of the Municipal Planning Commission. 22.2 A Surveillance Suite shall be used solely to provide living accommodations for occupancy by the owner, operator, caretaker, or other essential administrative or operational personnel whose function it is to provide on-site surveillance, maintenance and/or security in conjunction with an approved non-residential principal use of the parcel. 22.3 A Surveillance Suite is not intended for permanent occupancy by multiple residents simultaneously. Occupancy may be regulated as a condition of development permit approval. 22.4 The minimum and maximum floor area of a Surveillance Suite is as follows: (a) minimum floor area: As required by the Municipal Planning Commission (b) maximum floor area: 625 ft2 (58.10 m2) P a r t 6 : U s e - S p e c i f i c S t a n d a r d s o f D e v e l o p m e n t Municipal District of Taber Land Use Bylaw No. 2011 151 22.5 The following are prohibited for use as a Surveillance Suite: (a) any buildings not classified for year-round residential occupancy. 23 ANTENNA SYSTEMS SITING PROTOCOL (TELECOMMUNICATION, RADIOCOMMUNICATION AND BROADCASTING ANTENNA SYSTEMS) Refer to Part 10. 24 WIND ENERGY CONVERSION SYSTEMS Refer to Part 8. 25 SOLAR ENERGY SYSTEMS Refer to Part 9. 26 WORK CAMP 26.1 The following additional information shall be submitted with a development permit application for a Work Camp: (a) description of purpose and proposed duration of the work camp; (b) maximum number of persons proposed to live in the camp; (c) description of proposed: (i) accommodations, common ancillary uses and services, such as washrooms, laundromats, recreational buildings, retail stores, food concessions, fire pits, outdoor storage; (ii) lighting; (iii) water supply; (iv) wastewater disposal facilities; (v) solid waste collection facilities; (vi) power source; and (vii) any other similar uses or services that may be associated or required for the development of a work camp. (d) emergency response plan; and (e) reclamation measures upon conclusion of the work camp. 26.2 All Work Camps shall be developed in compliance with the Work Camps Regulation, Public Health Act, Alberta Regulation 218/2002 as amended, or any subsequent regulation. 26.3 A development permit for a Work Camp may be approved only as a temporary use in accordance with Part 1, Section 23 Temporary Use. M u n i c i p a l D i s t r i c t o f T a b e r L a n d U s e B y l a w N o . 2 0 1 1 PART 7 Sign Standards P a r t 7 : S i g n S t a n d a r d s Municipal District of Taber Land Use Bylaw No. 2011 153 PART 7: SIGN STANDARDS 1 PURPOSE 1.1 This Part establishes standards for outdoor advertising in the interest of ensuring compatibility with surrounding land uses, traffic and pedestrian safety, and minimizing the proliferation of signage within the municipality. 2 DEFINITIONS 2.1 The following definitions apply to this Part: (a) Sign means any word, letter, model, picture, symbol, device, or representation used as, or which is in the nature of, wholly or in part, an advertisement, announcement, or direction. Any structure, or portion thereof, which is used primarily to carry, hold, maintain, support, or sustain a sign is construed as being part of the sign and, except as hereinafter provided, is subject to all regulations governing signs. Without restricting the generality of the foregoing, a sign includes posters, notices, boarding, and banners. (b) Area of sign means the total surface area within the outer periphery of the said sign, and, in the case of a sign comprised of individual letters or symbols, shall be calculated as the area of a rectangle enclosing the letters or symbols. Frames and structural members not bearing advertising matter shall not be included in computation of surface area. (c) A-board sign means a portable sign which is set on the ground, built of 2 similar pieces of material at the top by a hinge(s) so as to be self-supporting when the bottom edges are separated from each other and designed and built to be easily carried by a person. (d) Banner sign means a temporary sign that is made of lightweight material intended to be secured to a flat surface of a building or structure, at the top and the bottom on all corners, excluding official flags and emblems. (e) Billboard means a structure, primarily self- supporting, which is used for the display of general advertising, the subject matter of which is not necessarily related to the use or ownership of the property on which the structure is located. (f) Canopy sign means a sign placed on a permanent projection from the exterior wall of a building. (g) Directional and informational sign means a sign the message of which is typically limited to providing directional guidance, distance, or similar information and which may contain a company name or logo and may be located off-premises. 154 Municipal District of Taber Land Use Bylaw No. 201 P a r t 7 : S i g n S t a n d a r d s 154 Municipal District of Taber Land Use Bylaw No. 2011 (h) Electronic or Digital Sign means sign content which changes automatically through electronic and/or mechanical means. Electronic display includes technologies such as but not limited to electronic screens, televisions, computer video monitors, liquid crystal displays, and light emitting diode displays. (i) Fascia sign means a sign placed flat and parallel to the face of the building so that no part projects more than 1 foot (0.30 m) from the building. (j) Free-standing sign means a sign on a standard or column permanently attached to the ground, and which is not connected in any way to any building or other structures. (k) Illuminated sign means any sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign but does not include an electronic or digital sign. (l) Lawn sign means a low-lying freestanding sign which is permanently attached to the ground, which is not connected to any building or other structure. (m) Merchandising aids means devices used for the display of merchandise and related advertising material. (n) Point-of-sale advertising means advertising which is related to the name of the occupier or firm, the nature of the business conducted and/or the goods produced, and/or the main products and services sold or obtainable on the premises at which the advertising is displayed. (o) Portable sign means a sign that is not permanently affixed to a building, structure or the ground and is supported on a structure allowing it to be readily moved from one location to another and which may be located off-premises. (p) Temporary sales sign means a sign other than a portable sign which is not permanently attached to a supporting structure or building and is not intended to be displayed for an extended period of time, such as garage sale signs, banner signs, and other similar signs. P a r t 7 : S i g n S t a n d a r d s Municipal District of Taber Land Use Bylaw No. 2011 155 3 SIGN APPLICATION REQUIREMENTS 3.1 Unless otherwise indicated in Section 4 Signs Not Requiring a Permit, no one shall erect, place or alter a sign, including a temporary sign, without having first obtained a development permit approval from the Development Authority. 3.2 Routine maintenance, painting or change in copy or lettering of a lawful sign that does not result in modification of the sign structure, location, dimensions or sign type does not require a development permit. 3.3 A development permit application for a sign shall be accompanied by the following additional information unless determine otherwise by the Development Authority: (a) a description of the proposed sign and a plan drawn to a suitable scale; (b) photographs or illustration if available; (c) location of all existing and proposed sign(s) on the site; (d) the size, height, and other dimensions of the proposed and existing signs, including any supporting structures; (e) the message content and dimensions of the sign face; (f) the materials and finish of the proposed sign; (g) any proposed illumination; (h) if a sign is to be attached to a building, wall or roof, details regarding the extent of the projection and height. 4 SIGNS NOT REQUIRING A PERMIT 4.1 The following signs, excluding electronic/digital signs and portable signs, do not require a development permit unless determined otherwise by the Development Authority based upon case-specific circumstances: (a) Building Contractor Signs relating to construction in progress on land on which the sign is located, provided all such signs: (i) are removed within 14 days of the completion of construction; (ii) do not exceed 32 ft2 (2.97 m2) in size; (iii) do not exceed 1 sign per road frontage. (b) Community Service Bulletin Board erected by the Municipal District of Taber and any notices posted on the bulletin board. (c) Election Signs relating to an upcoming election provided all such signs are removed within 14 days after the completion of the election. (d) Incidental Signs internal to a development relating to parking and loading signage, on-site traffic circulation signage, trespass, safety, instruction, and other similar signage. 156 Municipal District of Taber Land Use Bylaw No. 201 P a r t 7 : S i g n S t a n d a r d s 156 Municipal District of Taber Land Use Bylaw No. 2011 (e) Temporary Sales Signs (excludes portable signs) relating to sales or events which are displayed upon the premises provided all such signs are: (i) constructed of paper, canvas, carboard, or other light materials; (ii) displayed for a period not to exceed 15 consecutive days; (f) Real Estate Sales, Lease or Rental Signs relating to buildings or land to which they are attached, provided all such signs: (i) are removed within 14 days after the sale or lease of the building or land; (ii) do not exceed 1 sign per road frontage. (g) Statutory and Other Official Notices and Signs required by the municipal, provincial or federal government. (h) Signs erected by the Municipal District of Taber or the provincial or federal governments. (i) Signs on Merchandising Aids displayed upon the premises provided such signs: (i) are associated with a commercial or industrial use for which a development permit has been issued, but does not include Home Occupations; (ii) are not greater than 8 feet (2.44 m) above ground level; (iii) do not exceed 9 ft2 (2.74 m2) in area. (j) Signs on extensive agricultural parcels, farm buildings and structures provided such signs: (i) identify on-premises agricultural operations or on-premises farm products for sale which do not require a development permit; (ii) do not exceed 32 ft2 (3.0 m2) in area; (iii) are located within the Rural Agricultural or Rural/Urban Fringe land use districts. (k) Warning and Instructional Signs posted on a fence post relating to trespass, hunting, safety, instruction, or other similar message. (l) Window Signs posted on the interior of the premises of an approved commercial, industrial, or public and institutional use. (m) Any other signs as may be determined by the Development Authority to not require a development permit. 4.2 Notwithstanding section 4.1, signs within 984 ft (300 m) of a provincial highway right-of- way or 0.5 miles (800 m) from the centreline of a provincial highway and a public road intersection may require approval from Alberta Transportation. 5 GENERAL SIGN STANDARDS 5.1 Unless otherwise indicated, all signs shall be located on the premises and limited to advertising or identifying the principal use of the premises and the products and services sold or obtainable on the premises (point-of-sale advertising). P a r t 7 : S i g n S t a n d a r d s Municipal District of Taber Land Use Bylaw No. 2011 157 5.2 The location and setbacks of any sign on a parcel of land shall be as required by the Development Authority, except where Alberta Transportation has required a greater standard which shall prevail. 5.3 No sign shall be placed or project within a public roadway or be attached to any object in a public roadway except as may be allowed by the Municipal District of Taber or Alberta Transportation. 5.4 Signs within 984 ft (300 m) of a provincial highway right-of-way or 0.5 miles (800 m) from the centreline of a provincial highway and a public road intersection may require approval from Alberta Transportation in addition to the Development Authority. Notwithstanding approval of a sign by the Development Authority, it shall be the applicant's responsibility to obtain any applicable approvals from Alberta Transportation prior to installation of a sign. 5.5 The location of any sign shall not create a visual of physical obstruction to vehicular or pedestrian traffic, obstruct the vision of or cause confusion with any traffic control sign, signal or device, or create a potential hazard or conflict with rights-of way, easements or routing of any public utility. 5.6 No sign shall be illuminated unless the source of light is steady and does not create a nuisance or a traffic safety hazard. 5.7 Signs shall not be permitted to emit amplified sound or music or employ revolving, flashing or intermittent lights, motion picture, or holography. 5.8 Signs shall be compatible with the general character of the area and surrounding development. 5.9 All signs, including the area around sign structures, shall be maintained in good repair and a safe and tidy manner to the satisfaction of the Development Authority. 5.10 As a condition of approval, the Development Authority may regulate the materials and design of the sign and any other matter to ensure that the sign is suitable in its proposed location. 5.11 When a sign cannot be clearly categorized as one of the sign types as defined in this Bylaw, the Development Authority shall determine the sign type and any and all applicable controls. 5.12 While the Municipal Planning Commission may issue waivers to the sign standards in this Part based upon the merits of the application and/or determine a sign type in accordance with section 5.11, in no circumstance may a prohibited sign be approved. 6 SPECIFIC SIGN LIMITATIONS 6.1 Sign allowances for Home Occupations are limited to the provisions in Part 6, Section 14. 6.2 Sign allowances for a Rural Industrial Class C Use within the Grouped Country Mixed Use District are at the discretion of the Municipal Planning Commission. Electronic and digital signs are prohibited. 158 Municipal District of Taber Land Use Bylaw No. 201 P a r t 7 : S i g n S t a n d a r d s 158 Municipal District of Taber Land Use Bylaw No. 2011 6.3 Signage within the Hamlet Residential District is limited to signage associated with an approved home occupation, lodging and boarding house, multi-unit dwelling, row- housing, manufactured home park, parks and open space, places of worship, recreational facilities, supportive housing, and community entrance features. Sign allowances, excepting Home Occupations, are at the discretion of the Municipal Planning Commission and shall be compatible with residential uses. 6.4 Sign allowances for parks and open space, public recreational facilities, and other similar municipal uses are at the discretion of the Development Authority in keeping with the intent of the land use district in which the use is located and the surrounding uses. 6.5 Electronic or digital signs are generally discouraged but may be approved at the discretion of the Municipal Planning Commission in limited circumstances, except where prohibited. The Municipal Planning Commission may apply standards and regulate such signs as it determines necessary, including luminosity, transition time, interval of operation, and any other matters. 7 USE SPECIFIC SIGN REQUIREMENTS 7.1 Billboards are prohibited in all land use districts. 7.2 Fascia, Canopy, Lawn, and Free-Standing (Class A Signs) signs are subject to the following unless a waiver is granted by the Municipal Planning Commission: (a) not more than two Class A signs (combined total) may be allowed on the premises. (b) Fascia sign: (i) maximum sign area: 64 ft2 (5.95 m2) (c) Canopy sign: (i) maximum sign area: limited to extent of window or door (ii) minimum vertical clearance: 8 feet (2.44 m) from grade to lowest point of canopy (iii) maximum height: As required by Development Authority (iv) maximum projection: As required by the Development Authority (v) A canopy sign shall be clad with textile material (e.g., fabric, cloth, vinyl, PVC, canvas). (vi) Approval of any canopy or awning signage overhanging public land under the sign regulations is conditional upon the owners and/or occupiers of the premises upon which said sign is located entering into an encroachment and hold harmless agreement with the municipality. The agreement may be registered on title. (d) Lawn sign: (i) maximum sign area: 64 ft2 (5.95 m2) (ii) maximum height: 5 feet (1.52 m) P a r t 7 : S i g n S t a n d a r d s Municipal District of Taber Land Use Bylaw No. 2011 159 (e) Freestanding sign: (i) maximum sign area: 64 ft2 (5.95 m2) (ii) maximum height: 20 ft (6.10 m) 7.3 Directional and Informational signs of a permanent or temporary nature may be approved at the discretion of the Development Authority based on the merits of each application in accordance with the standards of this Part. 7.4 Band Signs for cluster and comprehensive mall like-development may be approved at the discretion of the Municipal Planning Commission based on the merits of each application and subject to the standards prescribed by the Municipal Planning Commission. 7.5 Portable Signs for business, directional and informational, and/or notice purposes may be approved at the discretion of the Development Authority based on the merits of each application providing: (a) Portable signs are prohibited in Grouped Country Residential, Grouped Country Mixed-Use, and Hamlet Residential land use districts. Portable signs placed by the Municipal District of Taber, the provincial government, or the federal government are exempted. (b) Portable signs may only be approved on a temporary basis for a period of not more than 60 days in one calendar year, except where the portable sign is being used to advertise the business located on the same parcel the portable sign is located, in which case it may be approved on a permanent basis at the discretion of the Municipal Planning Commission. (c) The Development Oﬃcer may approve a portable sign on a temporary basis in accordance with subsection (b) and not to exceed 1 temporary portable sign per premises. (d) A portable sign approved on a permanent basis under subsection (b) is subject to the maximum number of signs stipulated under section 7.2 (a). (e) The copy area, maximum height and maximum width of portable signs are as prescribed by the Development Authority. 7.6 Other Sign Types for business, directional and informational, and/or notice purposes may be approved at the discretion of the Municipal Planning Commission as authorized in sections 5.11 and 5.12. M u n i c i p a l D i s t r i c t o f T a b e r L a n d U s e B y l a w N o . 2 0 1 1 PART 8 Wind Energy Conversion Systems P a r t 8 : W i n d E n e r g y C o n v e r s i o n S y s t e m s Municipal District of Taber Land Use Bylaw No. 2011 161 PART 8: WIND ENERGY CONVERSION SYSTEMS 1 DEFINITIONS 1.1 The following definitions apply to this Part: (a) Blade means an element of a Wind Energy Conversion Systems' (WECS) rotor which acts as a single airfoil, thereby extracting kinetic energy directly from the wind. (b) Blade Clearance is in reference to a horizontal axis rotor, the distance from grade to the bottom of the rotor's arc. (c) Horizontal Axis Rotor means a wind energy conversion system, typical of conventional or traditional windmills, where the rotor is mounted on a downward 5 percent angle to the earth's surface. (d) Over Speed Control means a device which prevents excessive rotor speed. (e) Rotor's Arc means the largest circumferential path traveled by a WECS' blade. (f) Total Height means the height from grade to the highest vertical extension of a WECS. In the case of a WECS with a horizontal axis rotor, total height includes the distance from grade to the top of the tower, plus the distance from the top of the tower to the highest point of the rotor's arc. (g) Towers means the structure which supports the rotor above grade. (h) Vertical Axis Rotor means a wind energy conversion system where the rotor is mounted on an axis perpendicular to the earth's surface. 2 GENERAL REQUIREMENTS Information Requirements 2.1 All development applications for a WECS may be required to be accompanied by the following additional information if determined necessary by the Development Authority: (a) an accurate site plan showing and labeling the information outlined in this section, the location of overhead utilities on or abutting the subject lot or parcel, setbacks from nearest dwellings, and setbacks to property lines; (b) an analysis of the visual impact of the project, especially with respect to the scenic qualities of the MD of Taber landscape. The analysis will include the cumulative impact if other WECS are in the area and the impact of overhead transmission lines; (c) scale elevations or photographs of the proposed WECS showing total height, tower height, rotor diameter, and colour; (d) the manufacturer's speciﬁcations indicating: (i) the WECS rated output in megawatts; (ii) safety features and sound characteristics; (iii) type of material used in tower, blade, and/or rotor construction; 162 Municipal District of Taber Land Use Bylaw No. 201 1 P a r t 8 : W i n d E n e r g y C o n v e r s i o n S y s t e m s 162 Municipal District of Taber Land Use Bylaw No. 2011 (e) an analysis of the potential for noise, both at the site of the installation and at the boundary of the property containing the development - Provincial Noise Standards must be met; (f) speciﬁcations on the foundations and/or anchor design, including location and anchoring of any guy wires; (g) the results of the public consultation process undertaken by the developer; (h) the status of the applicant's circulation to Nav Can, Transport Canada, Alberta Utilities Commission and any other government departments required for provincial approval; (i) any information regarding general public safety; (j) any impacts to the local road system including required approaches from public roads having regard to MD of Taber standard; (k) a plan outlining how the site will be decommissioned and reclaimed; (l) identiﬁcation of any sensitive, environmental, historical, or topographical features which may be present on the parcel and accompanying professional reports and proposed mitigating measures, as applicable; (m) preliminary site grading/drainage plan and site construction/grading plan; (n) construction traﬃc management plan, including proposed materials haul route, estimated employee trips (types and duration during construction and post- construction), parking/staging areas; (o) emergency management plan, including ﬁre response plan and landowner and neighbour emergency response plan; (p) revegetation and weed management plan that addresses both the construction period and the projected life span of the development; (q) soils management/conservation and erosion control plan during the period of construction and post-construction; (r) environmental assessment review prepared by a qualiﬁed professional and/or other studies and reports to demonstrate site suitability; (s) any additional information deemed necessary by the Development Authority to assess suitability of the proposed development. 2.2 A separate development permit application shall be submitted for each titled parcel upon which a WECS is proposed unless determined otherwise by the Development Authority. Setbacks 2.3 A WECS shall comply with all the setbacks that govern the principal use in the district in which it is located and the setbacks stipulated in this section. 2.4 A WECS shall be located so that the horizontal distance measured at grade from the tower to any property boundary, including a property boundary fronting a public road (both developed and undeveloped road allowances) is at least the total height of the WECS measured from the ground to the highest point of the rotor's arc. 2.5 A WECS shall be located not less than twice the height of the WECS, as measured from the ground to the highest point of rotor's arc, from a dwelling unit. P a r t 8 : W i n d E n e r g y C o n v e r s i o n S y s t e m s Municipal District of Taber Land Use Bylaw No. 2011 163 2.6 Where, in the opinion of the Municipal Planning Commission the setbacks referred to in section 2.4 and 2.5 are not suﬃcient to reduce the impact of a WECS from a public roadway or a primary highway, the Municipal Planning Commission may increase the required setback. 2.7 In the case of multiple WECS, setbacks may be increased depending upon the number of WECS in a group and the prominence of the location. 2.8 Meteorological (MET) towers associated with a wind energy conversion system project are subject to the setback requirements in Part 6, Section 16. Minimum Blade Clearance 2.9 The minimum vertical blade clearance from grade shall be 25 feet (7.62 m) for a WECS employing a horizontal axis rotor unless otherwise required by the Municipal Planning Commission. Tower Access and Safety 2.10 To ensure public safety, the Municipal Planning Commission may require that: (a) a security fence with a lockable gate shall surround a WECS tower not less than 6 feet (1.83 m) in height if the tower is climbable or subject to vandalism that could threaten tower integrity; (b) no ladder or permanent tower access device shall be located less than 12 feet (3.66 m) from grade; (c) a locked device shall be installed on the tower to preclude access to the top of the tower; (d) all of the above be provided or such additional safety mechanisms or procedures be provided as the Municipal Planning Commission considers reasonable and appropriate; (e) the use of tubular towers, with locked door access, will preclude the above requirements. Transmission Lines 2.11 All powerlines on the site of the approval to the substation or grid shall be underground except where the Municipal Planning Commission approves overhead installation. Colour and Finish 2.12 Unless otherwise required by the Municipal Planning Commission, a WECS shall be ﬁnished in a non-reﬂective matte and in a colour which minimizes the obtrusive impact of a WECS to the satisfaction of the Development Authority. 2.13 No lettering or advertising shall appear on the towers or blades. In other parts of the WECS, the only lettering will be the manufacturer's identiﬁcation or municipal symbol. 164 Municipal District of Taber Land Use Bylaw No. 201 1 P a r t 8 : W i n d E n e r g y C o n v e r s i o n S y s t e m s 164 Municipal District of Taber Land Use Bylaw No. 2011 Number of WECS 2.14 Two or more WECS on a parcel or lot will be considered a multiple WECS (multi-WECS) for the purposes of this Bylaw. 2.15 The Municipal Planning Commission may approve multi-WECS on a case-by-case basis having regard for: (a) proximity to other immediate land uses; (b) density of WECS; (c) underlying utilities; (d) information received through the circulation process and at the development hearing; and (e) any other matters deemed relevant by the Municipal Planning Commission. 2.16 Prior to the Municipal Planning Commission making a decision on a development application for a multi-WECS, the applicant shall provide copies of any responses, reports, comments, and approvals as requested by the Development Authority from: (a) Alberta Utilities Commission (b) Transport Canada (c) Navigation Canada (d) Alberta Culture (e) Alberta Environment (f) Alberta Transportation (g) STARS (h) HALO (i) Any others as requested by the Development Authority 3 DECOMMISSIONING 3.1 When a decommissioning plan is required, the applicant shall provide a plan outlining how the site will be decommissioned and reclaimed to the site's predevelopment state. The decommissioning plan shall address and include: (a) decommissioning/reclamation of footings, pads, wires; and other associated equipment and infrastructure; (b) decommissioning/reclamation of roads, driveways, pathways, and other similar disturbances; (c) containment of hazardous materials; (d) haul routes for disposal of materials; (e) timeline for completion of decommissioning plan; (f) financial security for implementation of decommissioning; and (g) any other matters required by the Municipal Planning Commission. P a r t 8 : W i n d E n e r g y C o n v e r s i o n S y s t e m s Municipal District of Taber Land Use Bylaw No. 2011 165 4 CONDITIONS OF APPROVAL FOR MULTI-WECS 4.1 As a condition of development permit approval for a multi-WECS, the Municipal Planning Commission should consider, in addition to any other conditions either stipulated or as authorized under this Part or any other Parts of this Bylaw, conditions as deemed appropriate related to the following: (a) require a pre-disturbance site assessment to be filed with the municipality prior to commencement of construction of the project; (b) require that the applicant, developer, operator, and/or landowner be responsible for controlling invasive plants and vegetation in accordance with the Alberta Weed Control Act and any applicable municipal bylaws and shall be responsible for implementing and complying with approved weed control and management measures during construction and post-construction to the satisfaction of the Municipal District of Taber in accordance with a vegetation and weed management plan approved by the municipality; (c) stipulate grading, stripping, stockpile, and soil erosion control measures, including the requirement to establish an approved ground cover prior to construction, and require that the applicant, developer, operator, and/or landowner be responsible for preventing soil loss and deterioration from taking place in accordance with the Alberta Soil Conservation Act and shall be responsible for adhering to approved soils management and erosion control measures during construction and post- construction to the satisfaction of the Municipal District of Taber in accordance with a soils management and erosion control plan approved by the municipality. (d) require that surface drainage be adequately addressed and accounts for impacts associated with the development, including any access roads within the development area; (e) require that, should the developer propose alteration, retooling or repowering of an existing multi-WECS project where the equipment has changed from the original approval, the developer shall apply for a new development permit; (f) require that a proximity warning system be installed which will reduce the extent of light pollution emanating from the project, including but not limited to, a passive radar sensor system that is able to use radio frequencies to determine if there is an aircraft in the vicinity, its distance, position, and velocity; and (g) require a security deposit be posted during the construction period in a form and amount determined appropriate by the Municipal Planning Commission to ensure that soil management/conservation and erosion and weed control are adequately provided in accordance with the municipally approved revegetation and weed management plan and soils management/conservation/erosion control plan: 166 Municipal District of Taber Land Use Bylaw No. 201 1 P a r t 8 : W i n d E n e r g y C o n v e r s i o n S y s t e m s 166 Municipal District of Taber Land Use Bylaw No. 2011 (i) Upon notification by the developer, operator, and/or landowner to the municipality that the completion of construction has occurred and a request for return of the security deposit has been made, the municipality will conduct a site inspection of the lands and may hire a professional consultant at the developer, operator, and/or landowner's cost, to verify the establishment of a suitable ground cover that will prevent further erosion of the lands subject to the development and the soils management/conservation/erosion plan and weed control plan have been implemented accordingly. (ii) The security deposit funds will be released with no interest paid upon confirmation that the soils management/conservation/erosion control and weed conditions have been completed to the satisfaction of the municipality and there are no soil or erosion issues, mitigation orders, remedial measure orders, notices or violations that are outstanding or unresolved. (h) any other measures to ensure suitability, compatibility and to mitigate potential impacts. M u n i c i p a l D i s t r i c t o f T a b e r L a n d U s e B y l a w N o . 2 0 1 1 PART 9 Solar Energy Systems P a r t 9 : S o l a r E n e r g y S y s t e m s Municipal District of Taber Land Use Bylaw No. 2011 167 PART 9: SOLAR ENERGY SYSTEMS 1 DEFINITIONS 1.1 Definitions (a) Solar Energy System Class A means a photovoltaic system using solar panels to collect solar energy from the sun and convert it to electrical, mechanical, thermal, or chemical energy with a total generating capacity of less than 150 kw. This use includes both stand-alone systems not connected to the interconnected electric system and systems connected to the interconnected electric system. (b) Solar Energy System Class B means a photovoltaic system using solar panels to collect solar energy from the sun and convert it to electrical, mechanical, thermal, or chemical energy with a total generating capacity of at least 150 kw but no greater than 5 MW. This use includes both stand-alone systems not connected to the interconnected electric system and systems connected to the interconnected electric system. (c) Solar Energy System Class C means a system using solar technology to collect energy from the sun and convert it to electrical, mechanical, thermal, or chemical energy that is directed into the provincial electrical grid transmission or distribution system primarily intended for off-site consumption or commercial sale, or a solar energy system that does not meet the definition of Class A Solar Energy System or Class B Solar Energy System. 2 SOLAR ENERGY SYSTEM CLASS A 2.1 Development permit applications for a Class A Solar Energy System shall be accompanied by the following additional information: (a) manufacturer's specifications for system design and rated output (total generating capacity); (b) orientation of the solar panels; (c) for panels mounted to the roof of a building or ancillary structure or affixed to the wall of a building or ancillary structure, a description of how the panels are to be mounted or affixed, maximum projection from roof or wall, and structural capacity of the building/wall to support the proposed development; (d) for free-standing solar panels, a description of the proposed ground mount design and minimum clearance and maximum height from existing grade. 2.2 Solar panel installations may be affixed to a principal and/or ancillary building wall (wall- mount), mounted to the roof of a principal and/or ancillary building (roof-mount), or mounted to the ground as a free-standing structure (ground-mount). The maximum number of solar panel installations per parcel may be regulated by the Development Authority. 2.3 All solar panel installations must be located such that they do not create undue glare on neighbouring parcels or public roadways. 168 Municipal District of Taber Land Use Bylaw No. 201 P a r t 9 : S o l a r E n e r g y S y s t e m s 168 Municipal District of Taber Land Use Bylaw No. 2011 2.4 Setback requirements are as prescribed in the applicable land use district. In the Hamlet land use districts, ground-mount solar panels are subject to ancillary building and structure setbacks. 2.5 Solar panels mounted to a roof: (a) may project a maximum of 5 feet (1.52 m) from the surface of the roof subject to the maximum height requirements of the applicable land use district; and (b) must not extend beyond the outermost edge of the roof. 2.6 Solar panels mounted to a wall: (a) may project a maximum of 5 feet (1.52 m) from the surface of the wall, when the wall faces the rear property line, subject to the setback requirements of the applicable land use district; and (b) may project a maximum of 2 feet (0.61 m) from the surface of the wall when the wall faces the front, secondary front or side property line, subject to the setback requirements of the applicable land use district. 2.7 Solar panels mounted to the ground: (a) must provide sufficient minimum clearance from grade for vegetation and weed management and erosion control measures; (b) are subject to the ancillary building height requirements where prescribed within a district, or 20 feet (6.10 m) where an ancillary building height requirement is not prescribed. 3 SOLAR ENERGY SYSTEM CLASS B 3.1 Development permit applications for a Class B solar energy system shall be accompanied by the following additional information: (a) manufacturer's specifications for system design and rated output (total generating capacity); (b) orientation of the solar panels; (c) for panels mounted to the roof of a building or ancillary structure or affixed to the wall of a building or ancillary structure, a description of how the panels are to be mounted or affixed, maximum projection from roof or wall, and structural capacity of the building/wall to support the proposed development; (d) for ground-mount solar panels, a description of the proposed ground mount design and minimum clearance and maximum height from existing grade; (e) any additional information deemed necessary by the Development Authority to assess suitability of the proposed development, including any additional information requirements prescribed in section 4.2 for a Class C Solar Energy System. 3.2 Solar panel installations may be affixed to a principal and/or ancillary building wall (wall- mount), mounted to the roof of a principal and/or ancillary building (roof-mount), or mounted to the ground as a free-standing structure (ground-mount). The maximum number of solar panel installations per parcel may be regulated by the Development Authority. P a r t 9 : S o l a r E n e r g y S y s t e m s Municipal District of Taber Land Use Bylaw No. 2011 169 3.3 Roof-mount and wall-mount solar panel installations are subject to the standards in section 2.5 and 2.6 - Solar Energy System Class A. 3.4 Setbacks for ground-mount solar panels are as follows: (a) Public Roadway Setback: As prescribed in the applicable land use district (b) Setbacks from all other property lines: 20 feet (6.1 m) or as may be required by the Municipal Planning Commission 3.5 The minimum clearance from grade and the maximum height of ground-mount solar panels may be regulated by the Municipal Planning Commission. 3.6 Ground-mount Class B Solar Energy Systems are also subject to the use-specific development standards in sections 4.4 and 4.8, Section 5 Solar Energy System Decommissioning - Class B and Class C, and Section 6 Solar Energy System Conditions of Approval Class B and Class C. 4 SOLAR ENERGY SYSTEM CLASS C Preapplication Requirement 4.1 Prior to submitting a development permit application for a Solar Energy System Class C development, the applicant shall: (a) Schedule a pre-application meeting with the MD of Taber Planning and Development Department to discuss the proposed development and review municipal requirements. Applicants are encouraged to schedule the pre- application meeting prior to submitting an application to the Alberta Utilities Commission. (b) Host a public information meeting to solicit the views of the public regarding the proposed development, which meets the following criteria: (i) direct notification of the meeting is provided to landowners within a 2 mile (3.2 km) radius of the project boundary; (ii) direct notification of the meeting is provided to the Municipal District of Taber; (iii) notification is provided at least 21 days prior to the meeting. Development Permit Application Requirements 4.2 Development permit applications for a Solar Energy System Class C, shall be accompanied by the following additional information, unless determined otherwise in accordance with section 4.3: (a) a site suitability analysis including but not limited to: topography; soils characteristics; storm water collection; accessibility to a road; availability of water supply, sewage disposal system and solid waste disposal if applicable; compatibility with surrounding land uses; potential impacts to agricultural land, operations and pursuits, including irrigation operations; potential visual impacts, including the estimated reflection value of solar collectors; and consistency with the policies of the Municipal Development Plan; 170 Municipal District of Taber Land Use Bylaw No. 201 P a r t 9 : S o l a r E n e r g y S y s t e m s 170 Municipal District of Taber Land Use Bylaw No. 2011 (b) a detailed site plan including all setbacks from property lines and the proximity to structures or uses on the site and adjacent parcels of land; and to structures and uses on the site from residential dwellings within 985 feet (300 m) of the property line of the proposed development; (c) detailed information about the system type, number of structures, height of structures, minimum clearance from grade, anchor structures (e.g., screw piles, concrete footings, etc), the energy process and rated output; (d) identification of any sensitive, environmental, historical, or topographical features which may be present on the parcel and accompanying professional reports and proposed mitigating measures, as applicable; (f) preliminary site grading/drainage plan and a site construction/grading plan; (g) information regarding general public safety and security measures, including site fencing; (h) construction traffic management plan, including proposed materials haul route, estimated employee vehicle trips, (types and duration during construction and post-construction), parking/staging areas, and any potential impacts to public roads; (i) emergency management plan, including fire response plan and landowner and neighbour emergency response; (j) revegetation and weed management plan that addresses both the construction period and the projected lifespan of the development; (k) soils management/conservation and erosion control plan including: (i) a detailed description of any proposal to disturb, displace, remove, relocate, move, strip, undermine, affect, stockpile, etc., topsoil or ground cover on the site during the construction period and the rationale or need for doing so, (ii) site plan delineating areas of topsoil or groundcover to be disturbed, displaced, removed, relocated, moved, stripped, undermined, affected, stockpiled, etc., during the period of construction, including estimated acreage of affected areas and stockpile volumes and detailed information on how and where stripped soils will be stockpiled, and (iii) detailed description of the soil management/conservation practices and erosion control measures proposed to mitigate the impacts associated with wind and water for the period of both construction and post-construction, including specifics on how blowing soil will be managed during winds which are prevalent in the MD of Taber. (l) decommissioning and reclamation plan; (m) a summary of public consultation completed to date, including a detailed report of the comments received at the public information meeting required under section 4.1(b). (n) if required by the Development Authority, an Environmental Assessment Review prepared by a qualified professional and/or other studies and reports to demonstrate site suitability and impact mitigation; and P a r t 9 : S o l a r E n e r g y S y s t e m s Municipal District of Taber Land Use Bylaw No. 2011 171 (o) any additional information deemed necessary by the Development Authority to assess suitability of the proposed development. 4.3 The Development Authority may exempt an applicant from one or more of the application requirements in section 4.2 where the applicant can demonstrate the solar energy system does not exceed 10 MW and qualifies for a Checklist Application in accordance with applicable AUC legislation, or where the Development Authority is satisfied that a decision can be properly made without such information. Use-Specific Development Standards 4.4 The applicant shall comply with the following criteria when selecting a proposed site for a Class B Solar Energy System and Class C Solar Energy System development: (a) use of poor agricultural land, cut-off parcels, and dry corners is desired; (b) use of irrigated land (land with irrigation rights that has, or could contain, irrigation system infrastructure) and high quality agricultural land shall be avoided unless determined otherwise by the Municipal Planning Commission; (c) environmentally sensitive and environmentally significant areas, including wetlands, should be avoided. 4.5 Class C Solar Energy Systems shall not be located within 985 feet (300 m) of: (a) a dwelling; or (b) land zoned Grouped Country Residential, Grouped Country Mixed-Use, or Hamlet Residential; unless the impacted landowner(s) consents to a lesser setback distance in writing. A copy of the written consent(s) shall be submitted with the development permit application. 4.6 The setback requirement in section 4.5: (a) is measured from the proposed solar energy system development area, including any access roads and buildings, to: (i) the closest point of the dwelling; or (ii) the nearest property line for land zoned Grouped Country Residential, Grouped Country Mixed-Use, or Designated Hamlet Residential. (b) does not apply to approval of a dwelling or designation of land to Grouped Country Residential, Grouped Country Mixed-Use, or Designated Hamlet Residential within 985 feet (300 m) of an approved Class C Solar Energy System, as the setback provision is not reciprocal for residential development. 4.7 Setbacks for a Class C Solar Energy System are as follows: (a) Public Roadway Setback: As prescribed in the applicable land use district (b) Setbacks from all other property lines: 100 feet (30.48 m) (c) A greater setback than that prescribed in subsections (a) and (b) may be required depending on site specific circumstances to mitigate the impact to a residence, building, public roadway, adjacent land use, drainage, regionally significant areas, or other considerations at the discretion of the Municipal Planning Commission. 172 Municipal District of Taber Land Use Bylaw No. 201 P a r t 9 : S o l a r E n e r g y S y s t e m s 172 Municipal District of Taber Land Use Bylaw No. 2011 (d) Consolidation of parcels as a condition of development approval where panels and infrastructure are proposed to cross parcel boundaries or quarter section lines will be required. 4.8 In addition to the site and servicing requirements, development standards and other criteria of the applicable land use district, and any other relevant provisions of the Land Use Bylaw, the following development standards are applicable to Class B Solar Energy Systems and Class C Solar Energy Systems: (a) surface drainage and erosion control must be adequately addressed and account for impacts associated with the impervious nature of the collectors; (b) screening and/or increased setbacks should be considered in the site design to minimize visual impacts of the proposed development; (c) spacing between solar collectors must provide adequate access for firefighting of both vegetation and electrical fires; (d) minimum clearance of solar collectors from grade shall be adequate to facilitate and maintain growth of perennial vegetation to prevent soil erosion. 5 SOLAR ENERGY SYSTEM DECOMMISSIONING - CLASS B AND CLASS C 5.1 When a decommissioning plan is required, the applicant shall provide a plan outlining how the site will be decommissioned and reclaimed to the site's predevelopment state. The decommissioning plan shall address and include: (a) decommissioning/reclamation of racking, solar collectors, footings, pads, wires, and other associated equipment and infrastructure; (b) decommissioning/reclamation of roads, driveways, pathways, and other similar disturbances; (c) containment of hazardous materials; (d) haul routes for disposal of materials; (e) timeline for completion of decommissioning plan; (f) financial security for implementation of decommissioning; and (g) any other matters required by the Municipal Planning Commission. 6 SOLAR ENERGY SYSTEM CONDITIONS OF APPROVAL CLASS B AND CLASS C 6.1 In addition to any other conditions either stipulated or as authorized in this Part or any other Part of this Bylaw, a development proposal for any Class B Solar Energy System or Class C Solar Energy System may be subject to conditions of development permit approval, at the discretion of the Development Authority, which: (a) require a pre-disturbance site assessment to be filed with the municipality prior to commencement of construction of the project; P a r t 9 : S o l a r E n e r g y S y s t e m s Municipal District of Taber Land Use Bylaw No. 2011 173 (b) require that the applicant, developer, operator, and/or landowner be responsible for controlling invasive plants and vegetation in accordance with the Alberta Weed Control Act and any applicable municipal bylaws and shall be responsible for implementing and complying with approved weed control and management measures during construction and post-construction to the satisfaction of the Municipal District of Taber in accordance with a vegetation and weed management plan approved by the municipality; (c) stipulate grading, stripping, stockpile, and soil erosion control measures, including the requirement to establish an approved ground cover prior to construction, and require that the applicant, developer, operator, and/or landowner be responsible for preventing soil loss and deterioration from taking place in accordance with the Alberta Soil Conservation Act and shall be responsible for adhering to approved soils management and erosion control measures during construction and post- construction to the satisfaction of the Municipal District of Taber in accordance with a soils management and erosion control plan approved by the municipality; (d) ensure surface drainage and erosion control adequately address and account for impacts associated with the impervious nature of the solar collectors; (e) require that surface drainage shall be adequately addressed and accounts for impacts associated with the development, including any access roads within the development area and impervious surface of solar panels; (f) regulate the minimum clearance of solar collectors from grade to facilitate and maintain growth of perennial vegetation to prevent soil erosion; (g) regulate spacing between solar collectors to provide adequate access for firefighting of both vegetation and electrical fires; (h) restrict the location, height and type of fencing used for the site; (i) require a security deposit be posted during the construction period for a Class B Solar Energy System in a form and amount determined appropriate by the Municipal Planning Commission, and for a Class C Solar Energy System in a form and amount no less than $50,000 per quarter section to a maximum amount determined appropriate by the Municipal Planning Commission, to ensure that soil management/conservation and erosion and weed control are adequately provided in accordance with the municipally approved revegetation and weed management plan and soils management/conservation/erosion control plan: (i) Upon notification by the developer, operator, and/or landowner to the municipality that the completion of construction has occurred and a request for return of the security deposit has been made, the municipality will conduct a site inspection of the lands and may hire a professional consultant at the developer, operator, and/or landowner's cost, to verify the establishment of a suitable ground cover that will prevent further erosion of the lands subject to the development and the soils management/conservation/erosion plan and weed control plan have been implemented accordingly. 174 Municipal District of Taber Land Use Bylaw No. 201 P a r t 9 : S o l a r E n e r g y S y s t e m s 174 Municipal District of Taber Land Use Bylaw No. 2011 (ii) The security deposit funds will be released with no interest paid upon confirmation that the soils management/conservation/erosion control and weed conditions have been completed to the satisfaction of the municipality and there are no soil or erosion issues, mitigation orders, remedial measure orders, notices or violations that are outstanding or unresolved. (j) any other measures to ensure suitability, compatibility and to mitigate potential impacts. M u n i c i p a l D i s t r i c t o f T a b e r L a n d U s e B y l a w N o . 2 0 1 1 PART 10 Antenna Systems Siting Protocol P a r t 1 0 : A n t e n n a S y s t e m s S i t i n g P r o t o c o l Municipal District of Taber Land Use Bylaw No. 2011 175 PART 10: ANTENNA SYSTEMS SITING PROTOCOL (TELECOMMUNICATION, RADIOCOMMUNICATION AND BROADCASTING ANTENNA SYSTEMS) 1 PURPOSE This Part serves as the protocol for the installation and modification of telecommunication, radiocommunication, and broadcasting antenna systems (antenna systems) in the Municipal District of Taber. The protocol establishes the procedural standard for public participation and consultation that applies to proponents of antenna systems and identifies the Municipal District of Taber's preferred development and design standards. 2 APPLICABILITY The federal Minister of Innovation, Science and Economic Development Canada (ISED) is the approval authority for the development and operation of antenna systems, pursuant to the Radiocommunication Act. ISED recognizes the importance of considering input from local Land Use Authorities and the public regarding the installation and modification of antenna systems and encourages Land Use Authorities to establish a local protocol to manage the process of identifying and conveying concerns, questions and preferences to the proponent of an antenna system and ISED. The local protocol established in this Part applies to any proposal to install or modify a telecommunication, radiocommunication or broadcast antenna system (antenna systems) within the Municipal District of Taber which is not excluded from the consultation requirements established by ISED in Client Procedures Circular CPC-2-0-03 [or subsequent/amended publications]. Proponents of excluded antenna systems are nevertheless encouraged to contact the Municipal District of Taber to discuss the proposal and identify any potential issues or concerns and give consideration to the Development and Design Standards in Section 5 of this Part. 2.1 Antenna Systems Siting Protocol Exclusion List: (a) ISED has determined that certain antenna structures are considered to have minimal impact on the local surroundings and do not require consultation with the local Land Use Authority or the public. ISED's publication, Radiocommunication and Broadcast Antenna Systems CPC-2-0-03 lists the types of antenna installations exempted from the requirement to consult with the local Land Use Authority and the public. The installations listed in CPC-2-0-03 are therefore excluded from Part 10 Telecommunication, Radiocommunication and Broadcasting Antenna Systems Siting Protocol of the Municipal District of Taber Land Use Bylaw No. 2011. The excluded installations currently are: (i) New antenna systems: where the height is less than 15 metres above ground level. This exclusion does not apply to antenna systems proposed by telecommunications carriers, broadcasting undertakings or third party tower owners. 176 Municipal District of Taber Land Use Bylaw No. 201 P a r t 1 0 : A n t e n n a S y s t e m s S i t i n g P r o t o c o l 176 Municipal District of Taber Land Use Bylaw No. 2011 (ii) Existing antenna systems: maintenance of an existing antenna system; and where modifications are made, antennas added or the tower replaced, including to facilitate sharing, provided that the total cumulative height increase is no greater than 25% of the height of the initial antenna system installation. The exclusion for the replacement of existing antenna systems applies to replacements that are similar to the original design and location; "initial antenna system installation" refers to the system as it was first consulted on, or installed. No increase in height may occur within one year of completion of the initial construction. This exclusion does not apply to antenna systems using purpose built antenna supporting structures with a height of less than 49 feet (15 m) above ground level operated by telecommunications carriers, broadcasting undertakings or third party tower owners. (iii) Non-tower structures: antennas on buildings, water towers, lamp posts, etc. may be excluded from consultation provided that the height above ground of the non-tower structure, exclusive of appurtenances, is not increased by more than 25%. (iv) Temporary antenna systems: used for special events or emergency operations and must be removed within three months after the start of the emergency or special event. (b) Proponents, who are not certain if their proposed structure is excluded, or whether consultation may still be prudent, are advised to contact the Municipal District of Taber or ISED for guidance. 3 MUNICIPAL REVIEW AND ISSUANCE OF CONCURRENCE OR NON- CONCURRENCE 3.1 The Municipal District of Taber's Municipal Planning Commission shall be responsible for reviewing and issuing municipal concurrence or non-concurrence for all antenna systems proposals within the Municipal District of Taber which are not excluded under section 2.1 of this Part. 3.2 Concurrence with a proposal will be measured against the requirements of the applicable land use district within which the antenna system is proposed, the Development and Design Standards in Section 5 of this Part, applicable policies of the Municipal District of Taber Municipal Development Plan, and consideration of comment received during the public consultation process (Section 7 of this Part) and any other matter deemed relevant by the Development Authority: (a) when a proposal is given a concurrence decision, the proponent will receive a letter of concurrence from the Municipal Planning Commission documenting its decision and any conditions; (b) when a proposal is given a non-concurrence decision, the proponent will receive a letter of non-concurrence from the Municipal Planning Commission describing the reasons for the decision. P a r t 1 0 : A n t e n n a S y s t e m s S i t i n g P r o t o c o l Municipal District of Taber Land Use Bylaw No. 2011 177 3.3 Municipal concurrence does not constitute approval of uses, buildings and structures which require issuance of a development permit under the Land Use Bylaw. A proposal which includes uses, buildings or structures in addition to the antenna system, is required to obtain development permit approval for such uses, buildings and structures in accordance with the provisions of the Land Use Bylaw. 4 MUNICIPAL REVIEW PROCESSING PERIOD 4.1 Except as provided in section 4.2, the Municipal Planning Commission will issue a decision of either concurrence or non-concurrence within 40 days of receiving a complete application package. 4.2 The 40 day processing time period may be extended by the proponent or the Municipal District of Taber, through mutual consent. 5 DEVELOPMENT AND DESIGN STANDARDS 5.1 The Municipal District of Taber requests that the following antenna systems development and design standards be adhered to: (a) Co-utilization of existing antenna systems is the preferred option within the Municipal District of Taber and is encouraged whenever feasible. The Municipal District of Taber recognizes that while this is the preferred option, co-utilization of existing antenna systems is not always possible. (b) Public Roadway Setbacks (i) Rural: In order to facilitate future widening/service road dedication and reduce potential snow drifting/sight restrictions, an antenna system, excluding any guy wires or other similar support mechanisms, will be placed no closer than 100 ft (30.48m) from the property line abutting a rural road (includes undeveloped road allowances) and outside of the 280 ft (85.4 m) intersection sight triangle, as illustrated in the Figure 7. A lesser setback may be considered at the discretion of the Municipal Planning Commission on a site-specific basis. A greater setback may be required based upon site specific conditions. 178 Municipal District of Taber Land Use Bylaw No. 201 P a r t 1 0 : A n t e n n a S y s t e m s S i t i n g P r o t o c o l 178 Municipal District of Taber Land Use Bylaw No. 2011 Figure 7 - Rural Roadway Setbacks (ii) Hamlet: An antenna system, including any guy wires or other similar support mechanisms, proposed within a hamlet will be placed no closer than 25 feet (7.62 m) from the property line abutting a public road (includes undeveloped road allowances). A lesser setback may be considered at the discretion of the Municipal Planning Commission on a site-specific basis. A greater setback may be required based upon site specific conditions. (iii) Localities: An antenna system proposed within a Locality may be subject to the rural or hamlet public road setback requirements as determined appropriate by the Municipal Planning Commission. (c) Locational Criteria (i) Antenna systems will maintain an adequate setback from coulees and steep slopes, consistent with the setback requirements in Part 4, Section 10 Setbacks from Coulees, Steep Slopes and Waterbodies. (ii) Proponents will consult the Municipal District of Taber Municipal Development Plan, to determine whether the proposed location of the antenna system is within an identified environmentally significant area. If the proposed site of the antenna system is located within an identified environmentally significant area the proponent will submit documentation to the Development Authority demonstrating site suitability. (iii) Antenna system setbacks from internal property lines not fronting a public road are as determined by the Municipal Planning Commission. P a r t 1 0 : A n t e n n a S y s t e m s S i t i n g P r o t o c o l Municipal District of Taber Land Use Bylaw No. 2011 179 (d) Lighting and Signage (i) Aerial crop spraying is a regular occurrence in the Municipal District of Taber and vital to the Municipal Development Plan goal of supporting agricultural pursuits. While aerial crop sprayers are encouraged to undertake comprehensive site reconnaissance, it is the preference of the Municipal District of Taber that all antenna systems be lighted and marked as follows, regardless of any Transport Canada or Nav Canada exemptions, to help minimize aeronautical hazard: i. the antenna be marked with alternating bands of aviation orange and white paint or other approved Transport Canada colour combinations; ii. the top of the antenna be lit with a flashing strobe light or other Transport Canada approved lighting; consideration may be given to lighting alternatives where the proposed development is within proximity of higher density residential development or other developed areas including towns, hamlets and localities; iii. the antenna guy wires (or other similar support cables, lines or wire) be marked with aviation balls or other Transport Canada approved markers. (ii) Proponents for antenna structures which are visible from higher density residential or other developed areas, including towns, hamlets and localities may be requested to employ innovative design measures to mitigate the visual impact of these structures, including stealth structure options for compatibility with surrounding development and/or lands. (iii) The placement of signage on antenna systems is not permitted, except where required by applicable federal agencies. (e) Site Security (i) Proponents for antenna structures will incorporate appropriate site security measures to prevent public access to the structure. 6 APPLICATION SUBMITTAL REQUIREMENTS 6.1 Proponents are encouraged to contact the Municipal District of Taber in advance of making their submission to obtain information about the Municipal District's Antenna Systems Siting Protocol and identify any preliminary issues or concerns. 6.2 The following application package shall be submitted to the Municipal District of Taber for consideration of a proposed antenna system: (a) a completed development permit application, including site plan (refer to Appendix A); (b) the prescribed fee; (c) a description of the type and height of the proposed antenna system and any guy wires or other similar support mechanisms (e.g., support cables, lines, wires, bracing); (d) the proposed lighting and aeronautical identification markings for the antenna and any supporting structures; 180 Municipal District of Taber Land Use Bylaw No. 201 P a r t 1 0 : A n t e n n a S y s t e m s S i t i n g P r o t o c o l 180 Municipal District of Taber Land Use Bylaw No. 2011 (e) documentation regarding potential co-utilization of existing towers within 1,640 feet (500 metres) of the subject proposal; and (f) any other additional information or material the Development Authority determines to be necessary and appropriate to properly evaluate the proposed submission. 6.3 Where buildings, structures or uses are proposed in addition to the antenna system, the requirements of Part 1, Section 35 Development Permit Application Requirements are applicable. 7 NOTIFICATION AND PUBLIC CONSULTATION PROCESS 7.1 Upon receipt of an application package, the Development Officer shall review the application for completeness and, if deemed complete, will: (a) schedule a date for a development hearing to be held during a meeting of the Municipal Planning Commission, at which the proposal will be reviewed, and comment received regarding the proposal; (b) notify the proponent and/or representative of the antenna system of the development hearing date; (c) post a notice of the development hearing in a newspaper in accordance with Part 1, Section 45 Development Hearing Notification Requirements of the Land Use Bylaw; and (d) notify persons likely to be affected by the proposal of the development hearing date in accordance with Part 1, Section 45 Development Hearing Notification Requirements of the Land Use Bylaw, including: (i) landowners within half a mile (805 m), or other distance as may be determined by the Municipal Planning Commission, of the proposed antenna system; (ii) any review agencies deemed affected, as determined by the Development Authority, and affected municipalities in accordance with an applicable Intermunicipal Development Plan; (iii) any other persons deemed affected, as determined by the Development Authority. 7.2 The proponent or a representative should attend the development hearing and be prepared to explain all aspects of the proposal including the siting, technology, and appearance of the proposed antenna system. M u n i c i p a l D i s t r i c t o f T a b e r L a n d U s e B y l a w N o . 2 0 1 1 PART 11 Defintions P a r t 1 1 : D e f i n i t i o n s Municipal District of Taber Land Use Bylaw No. 2011 181 PART 11: DEFINITIONS A Abattoir and Animal Processing Plants means a development where animals are slaughtered and prepared for distribution. The use may include the confinement and slaughtering of live animals, processing, packing, treating, storage, and sale of the product on the premises. Addition means any construction that increases the size of a building or structure in terms of site coverage, height, length, width, or gross floor area. Additions to existing buildings are classified based on the proposed use of the addition and/or existing use of the building, as applicable and subject to the applicable standards of this Bylaw. Agricultural Buildings and Structures, Class A means a building or structure located on a parcel greater than 40 acres and associated with and generally essential to a Primary Agricultural Operation and/or Extensive Agriculture. Such buildings and structures may include but are not limited to the following: machine sheds, storage sheds, granaries, grain bins, silos, shops, corrals, pens, and other accessory farm structures. This use does not include Apiaries, Grain Elevators, sugar beet loading stations, and Commodity Storage Buildings - Agricultural Produce (e.g., potato storage warehouses, onion storage warehouses), which are separately classified as Primary Agriculture Class A. Agricultural Buildings and Structures, Class B means a building or structure located on a parcel that is 40 acres or less in area and associated with and generally essential to a Primary Agricultural Operation and/or Extensive Agriculture. Such buildings and structures may include but are not limited to the following: machine sheds, storage sheds, granaries, grain bins, silos, shops, corrals, pens, and other accessory farm structures. This use does not include Apiaries, Grain Elevators, sugar beet loading stations, and Commodity Storage Buildings (e.g., potato storage warehouses, onion storage warehouses) which are separately classified as Primary Agriculture Class A. Agricultural Labour Housing means one or more Dwelling Units which, in the opinion of the Development Authority, is provided by an agricultural employer for the purposes of occupancy by a person, and their relations, who is employed in the employer's agricultural operation. See also Employee Housing. Agricultural Land - see Land, Agricultural Agriculture, Extensive means the production of crops and/or livestock by the extensive cultivation or open grazing of existing titles or proposed parcels usually greater than 160 acres (64.8 ha) on dryland or 80 acres (32.4 ha) on irrigated land. Agritourism means a development for a tourist-oriented activity, event, service and/or facility that is part of an agricultural operation that promotes the products grown, raised and/or processed on that agricultural operation. Agritourism may include wineries, micro-distilleries, or microbreweries. Airport means any areas of land designed or set aside for the landing and take off of commercial and private aircraft, including all necessary facilities for the housing and maintenance of aircraft. 182 Municipal District of Taber Land Use Bylaw No. 201 P a r t 1 1 : D e f i n i t i o n s 182 Municipal District of Taber Land Use Bylaw No. 2011 Airstrip means the use of land where airplanes operate without regular airport facilities to accommodate private airplane use. Alberta Safety Codes means the code, regulations, standards, and body of rules applicable within Alberta regulating among other things building, electrical systems, elevating devices, gas systems, plumbing or private sewage disposal systems, pressure equipment, fire protection systems and equipment, barrier free design and access in accordance with the Safety Codes Act. Ancillary Buildings and Structures means a building or structure which is separate from the principal building on the lot on which both are located, and the use of which the Development Authority decides is normally subordinate and incidental to that of the principal building. Also called an accessory building or structure. Ancillary Residential Buildings and Structures, Class A means a building or structure 2,400 ft2 (222.97 m2) or less, in size, which is separate from the principal building on the lot on which both are located, and the use of which the Development Authority decides is normally subordinate and incidental to and customarily found in connection with a residential use. Ancillary Residential Buildings and Structures, Class B means a building or structure greater than 2,400 ft2 (222.97 m2) in size, which is separate from the principal building on the lot on which both are located, and the use of which the Development Authority decides is normally subordinate and incidental to and customarily found in connection with a residential use. Ancillary Use means a use of a building, structure, or land which the Development Authority determines is normally subordinate or incidental to the principal use of land or buildings the site on which it is located. Animal Care and Boarding means a development for the boarding, breeding, care, temporary accommodation, and/or medical treatment of animals including domestic animals and livestock. This use may include kennels, veterinary clinics, animal shelters, animal training facilities, and domestic pet animal breeding. Antenna System(s) means telecommunication, radiocommunication or broadcasting antenna and the mast, tower or other antenna supporting structure (such as, but not limited to, a building, streetlight, spire, or utility pole) to which the antenna is attached and includes any guy wires or other similar mechanisms used to support the antenna systems (e.g. support lines, cables, wires or braces). Antenna, Telecommunication, Radiocommunication or Broadcasting means a device regulated pursuant to the Radiocommunication Act requiring approval by the federal government, which is used to receive and/or transmit radio-frequency signals, microwave signals or other communications energy transmitted from or to be received. Apiary means a collection of beehives, which are permanent structures related to the raising and keeping of bees for commercial purposes. Approach means the area of the public road right-of-way located between the roadway and the property adjacent to the public right-of-way that is intended to provide access for vehicles from the roadway to the adjacent property. Approved Use means a use of land and/or buildings for which a development permit has been issued. P a r t 1 1 : D e f i n i t i o n s Municipal District of Taber Land Use Bylaw No. 2011 183 Area Structure Plan means a framework adopted by bylaw in accordance with MGA, as a statutory plan, for the subsequent subdivision and development of an area of land which typically describes the sequence of development, land uses proposed, population density, location of major transportation routes, and public utilities and other matters Council considers necessary. B Brewery/Distillery means a development where beer, wine, spirits, and other alcoholic beverages are commercially manufactured and may have areas and facilities for the storage, packaging, bottling, canning, and shipping of the products. The retail sale and consumption of products on the premise is not permitted. See also Industrial Class B, Rural. Building means anything constructed or placed on, in, over or under land, but does not include a highway or road or a bridge that forms part of a highway or road. Building Height means the vertical distance between the average natural grade of a lot, as determined by the Development Authority, and the highest point of a building, excluding an elevator housing, a roof stairway entrance, a ventilating fan, a skylight, a steeple, a chimney, a smokestack, a fire wall or other similar structure as determined by the Development Authority. Building, Moved-In means a previously occupied/used conventional, site-built building, which is physically removed from one site, transported, and re-established on another site for use, but does not include Moved-In Dwellings. Building, Principal means a building which, in the opinion of the Development Authority: (a) occupies the major or central portion of a lot; (b) is the chief or main building on a lot; or (c) constitutes, by reason of its use, the primary purpose for which the lot is used. Bus Depot means a transit terminal for the loading and unloading of passengers, and the accessory transportation of limited goods. Bylaw means the Land Use Bylaw of the Municipal District of Taber. Bylaw Enforcement Officer means the person or persons appointed as a bylaw enforcement officer for the Municipal District of Taber under the provisions of the Municipal Government Act, a member of the Royal Canadian Mounted Police, and a sworn police officer of the Taber Police Service. C Campground means a development of land for a range of overnight accommodation, from tenting to serviced trailer sites, including accessory facilities which support the use, such as administration offices, laundry facilities, washrooms, support recreational facilities, but not including the use of Manufactured Homes, trailers or other forms of moveable shelter on a permanent year-round basis. 184 Municipal District of Taber Land Use Bylaw No. 201 P a r t 1 1 : D e f i n i t i o n s 184 Municipal District of Taber Land Use Bylaw No. 2011 Cannabis means cannabis as defined om the Cannabis Act (Canada) and its regulations, as amended from time to time. Cannabis Accessory means cannabis accessory as defined in the Cannabis Act (Canada) and its regulations, as amended from time to time. Cannabis Cultivation means the use of land outdoors for the growing and harvesting of cannabis as licensed by Health Canada. Cannabis Production Facility means the use of one or more buildings where federally licensed cannabis is grown, processed, packaged, tested, researched, destroyed, stored, or loaded for shipping. This use does not include Retail Cannabis Store. Cemeteries means a development for the entombment of the dead, including crematoriums, cinerariums, columbariums, mausoleums, memorial parks, burial grounds, gardens of remembrance, maintenance facilities, and other similar development. Note: Cemeteries is listed both as an exclusive use in certain districts and a use within Public and Institutional. Commercial means the use of land and/or buildings for the purpose of public sales, display and storage of goods and/or services on the premises. Any on-premises manufacturing, processing, or refining of materials shall be incidental to the sales operation. Commercial, Highway means a use which provides goods and/or services essential to the traveling public and residents such as, but not necessarily limited to, Service Stations/Gas Bars, Restaurants, Drive- thru/Drive-in Uses, Motel/Hotels, and Rest Stops and other developments deemed similar at the discretion of the Development Authority. Commercial Sales and Service in Conjunction with an Approved Rural Industrial Use means a development for the purpose of commercial sale, display, and storage of goods and/or services on the premises and supplementary to an approved industrial use. Commodity Storage Building - Agricultural Produce means a building for the storage of raw, unprocessed agricultural produce requiring proximate location to the source of the agricultural produce and may include the washing and packaging of produce. This includes but is not limited to potato storage warehouses, onion storage warehouses, and hay storage, but does not include the storage of fertilizer. See Primary Agriculture Class A. Compatible Use - see Use, Compatible Conceptual Design Scheme means a detailed site layout which provides for the orderly subdivision and/or development of one or more parcels of land which typically addresses the same requirements of an Area Structure Plan, but which is not adopted by bylaw. Confined Feeding Operation As defined within the Agricultural Operation Practices Act. Contractors and Trade Shop means a development for use by a carpenter, mill worker, cabinet maker, plumber, electrician, welder, machinist, or other trades persons producing and/or assembling materials or products, and may include storing tools, materials, trailers, and supplies related to the business and may also include commercial sales on the premises. Examples include but are not limited to welding and fabrication shops, machine shops, trailer assembly, oilfield maintenance and instrumentation, plumbing and electrical shops, cabinetry, and woodworking shops. P a r t 1 1 : D e f i n i t i o n s Municipal District of Taber Land Use Bylaw No. 2011 185 Convenience Store means a development for the commercial sale of a limited line of convenience items, such as prepackaged food products, household items, newspapers, magazines, sandwiches, and other freshly prepared foods for off-site consumption. Corner Lot - see Lot, Corner Council means the Council of the Municipal District of Taber. Coverall/Fabric Building means a structure, truss, or tube-frame building system, which is covered with fabric, generally of canvas, vinyl, plastic, or cotton material, which is typically used as an accessory building or for storage. For use purposes, a coverall/fabric building is not classified as an Accessory Building and is an exclusive use listed within certain districts. Cultural Facility means a development for the preservation and/or provision of cultural amenities to the public, such as but not limited to museums, historical sites, and art galleries by a public, private, or non- profit service provider. D Day Care means a development for the provision of care, maintenance, and supervision of seven or more children, by persons unrelated to the children by blood or marriage, for periods not exceeding 24 consecutive hours and includes all day-care centres, nurseries, and after-school or baby-sitting programs which meet the conditions of this definition or are required to be licensed by the Provincial Government. This use does not include a Day Home, which is classified as a Home Occupation Class B. Day Home means a development within a private residence where care, and supervision are provided for a maximum of six children clients between the ages of 0-12 years, by persons unrelated to the children by blood or marriage, including children under the age of 12 who reside in the home, for periods not exceeding 24 consecutive hours. This use is classified as a Home Occupation Class B. Density means a measure of intensity and when used in reference to a residential or residential related development, refers to the number of dwellings on a site. Developable Area means the area of land within a lot that can be developed or constructed upon once the setback requirements for the applicable land use district and site specific limitations such as steep slopes, floodplains, and other land that could not be otherwise developed are deducted from the area of the lot. Development has the same meaning as in the Municipal Government Act and means: (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 of use of land or a building or an act done in relation to land or a building that results in or is likely to result in a change in the use of the land or building; or (d) a change in the intensity of use of land or a building or an act done in relation to land or a building that results in or is likely to result in a change in the intensity of use of the land or building. 186 Municipal District of Taber Land Use Bylaw No. 201 P a r t 1 1 : D e f i n i t i o n s 186 Municipal District of Taber Land Use Bylaw No. 2011 Development Authority means the Development Authority established in accordance with the Municipal Government Act which is authorized to exercise development powers and duties on behalf of the MD of Taber. For the purposes of this Bylaw, the Development Authority is comprised of the Development Officer and the Municipal Planning Commission. Development Hearing means a public meeting which is convened by the Development Authority in accordance with the requirements of the Land Use Bylaw, to obtain comment and information on a proposed development prior to the Development Authority's issuance of a decision on a development permit application or other development matter requiring municipal review, such as an antenna system proposal. Development Officer means the person or persons appointed to the office of Development Officer, pursuant to Part 1 of this Bylaw and authorized to administer the provisions of this Bylaw and act as a Development Authority and Designated Officer in accordance with this Bylaw and the municipality's development authority bylaw. Designated Officer means a person, or persons appointed to a position of designated officer established under section 210(1) of the Municipal Government Act. In addition to any other person or persons appointed to the position of designated officer, the position of Development Officer is an authorized Designated Officer for the municipality as established under the Land Use Bylaw. Development Permit means a permit issued pursuant to this Bylaw authorizing a development. A development permit does not constitute a building permit. Discretionary Use - see Use, Discretionary District (Land Use Designation) means a defined area of the municipality as set out in Part 3: Land Use Districts and Regulations and indicated on the land use bylaw districts maps. Also called zoning or zoning district. Drive-in Theatre means a development for the commercial showing of films on outdoor screens to customers who remain in their motor vehicle. Drive-thru/Drive-in means development which is designed so that customers can use the services provided while staying in their cars. This use includes Drive-in Theater and drive-in and drive-thru restaurants, banks, and other similar examples. Driveway means a private drive located on a lot providing physical access for vehicles to a lot, parking area, garage, dwelling or other building, use or facility in conformance with the Land Use Bylaw, and may be used for the off-street parking of vehicles where designed to accommodate such. Dry Land - see Land, Dry Dugout means a development specifically sited and constructed for the purpose of containment and storage of a water supply typically for agricultural use, private household use, or other such uses. P a r t 1 1 : D e f i n i t i o n s Municipal District of Taber Land Use Bylaw No. 2011 187 Dwelling means a building designed and used exclusively for human habitation which is or has been constructed in compliance with provincial Safety Codes for year round occupancy and located upon an acceptable foundation, and is intended to be used as a residence for one or more individuals and contains cooking, sleeping and sanitary facilities, but does not include Park Model Trailers, Recreational Vehicles, Motel/Hotel, or other buildings and structures deemed not to be suitable as a Dwelling by the Development Authority. Dwelling Types include: Single-detached Dwelling means a building containing a single (one) dwelling unit as the principal use which is not attached to another dwelling by any other means. Single-detached dwellings may be Site Built, Prefabricated, or Moved-In. Duplex means a building containing two separate dwelling units connected by a common floor/ceiling or wall, but not legally subdivided by a property line. Semi-detached means a building containing two separate dwelling units connected by a common wall, but legally subdivided by a property line. 188 Municipal District of Taber Land Use Bylaw No. 201 P a r t 1 1 : D e f i n i t i o n s 188 Municipal District of Taber Land Use Bylaw No. 2011 Multi - unit means a building other than a Row or Town House containing three or more separate Dwelling Units. Row or Town House means a building containing three or more separate dwelling units with each unit placed side by side and each having a separate front and rear entrance. Secondary Suite means a self-contained dwelling unit located within a Single-detached Dwelling. This does not include a Manufactured Home, Garden Suite, or Surveillance Suite. Garden Suite means an Ancillary Building containing a Dwelling Unit, which is located on the same lot as the principal dwelling and is detached and separate from the principal dwelling. Moved-in means a conventional, preconstructed, previously occupied building which is physically removed from one site, transported, and re-established on another site for use as a Dwelling. This use does not include a Prefabricated Dwelling, which is a separate use. Prefabricated means a Dwelling that is built at an off-site manufacturing facility or location other than the lot intended for occupancy. The units are built in conformance with CSA standards and/or Alberta Safety Codes. Prefabricated dwellings include Ready-to-Move, Panelized, Modular, and Manufactured dwellings but does not include Workforce Relocatable Trailers and Mobile Office Trailers. Prefabricated New means a new prefabricated dwelling that has not been previously occupied. Prefabricated Used means a prefabricated dwelling that has been previously occupied. P a r t 1 1 : D e f i n i t i o n s Municipal District of Taber Land Use Bylaw No. 2011 189 Prefabricated Dwelling Types include: Manufactured means a prefabricated dwelling unit built at an off-site manufacturing facility in conformance with CSA standards. The unit is typically constructed with an integrated frame for placement on a permanent surface foundation in conformance with CSA A277 or prior standard and designed in one or two sections for transport, whether on its own wheels or a transport trailer. The unit arrives at the site where it is to be occupied complete and ready for occupancy, except for incidental operations such as placement on an acceptable foundation and removal of any hitch and/or wheels, and skirting. Also know as Single-wide Manufactured Home and Double-wide Manufactured Home. Modular means a prefabricated dwelling unit built at an off-site manufacturing facility in conformance with CSA standards designed in two or more modules or sections. The dwelling is transported by transport trailer in sections and delivered to the size where it is typically assembled over a conventional, permanent concrete foundation. Panelized means a dwelling unit constructed at the site intended for occupancy using prebuilt exterior/interior wall panels and building components that are delivered to the site as a package ready for assembly typically over a conventional, permanent concrete foundation. Ready-to-Move means a prefabricated dwelling unit built to the current CSA Standards and/or Alberta Safety Codes that would normally be constructed on the site intended for occupancy, but for various reasons, is constructed at an off-site manufacturing facility, construction site, plant site or building yard. It is then transported as one unit and delivered to the site intended for occupancy and typically placed on a conventional, permanent concrete foundation. Primary Single Detached Dwelling means the first (primary) Single-detached dwelling located on a lot. Secondary Single-detached Dwelling means the second (secondary) Single-detached dwelling located on a lot. Secondary Dwelling/ Additional Dwellings and Dwelling Units means the second and subsequent dwellings/dwelling units located on a lot or located within a building. Site Built means a Dwelling that is constructed from individual parts and materials into a whole and complete formation on the lot on which it is intended and does not include prefabricated parts other than floor joists and roof trusses. This does not include Panelized Dwellings which are classified as a Prefabricated Dwellings. Dwelling Unit means a building or portion thereof that contains one or more self-contained rooms designed to be used as a Dwelling and that includes sleeping, cooking, living and sanitary facilities for a single household and having an independent entrance either directly from the outside of the building or through a common area within the building. 190 Municipal District of Taber Land Use Bylaw No. 201 P a r t 1 1 : D e f i n i t i o n s 190 Municipal District of Taber Land Use Bylaw No. 2011 E Easement means a right held by one party on land owned by another party (a dominant and servient tenement) for a certain purpose (e.g. drainage easement, access easement, passage of pedestrians). Educational Facility means a development for the purpose of offering training, instruction, education, courses, or studies to persons and may include adult education, advanced learning, languages, and other similar programming. This use includes public, private and commercial institutions and may also include associated dormitory housing. Note: Educational Facility is listed both as an exclusive use in certain districts and a use within Public and Institutional. Employee Housing means one or more Dwelling Units which, in the opinion of the Development Authority, is provided by an employer and intended for use exclusively as the residence of employees and their relations, typically located on, or in proximity to, the parcel within which the business is located and may include Agricultural Labour Housing. Employee Housing allowances are not applicable to Home Occupations. Entertainment Facility means a development for the purpose of providing indoor and/or outdoor entertainment and amusement to patrons. Examples include but are not limited to miniature golf, go-cart tracks, bumper boats, batting cages, amusement/theme parks, video game arcade, waterparks, game rooms, arcades, bowling alleys, and other similar uses and may include minor retail sales and services customarily associated with and accessory to such facilities but does not include adult entertainment use. Environmental Impact Assessment means a comprehensive report professionally prepared by a qualified professional (e.g., engineer, biologist) assessing the impacts a proposed development may have on the environment. Equipment, Machinery, and Vehicle Sales Rental and Service means development for the commercial sale, rental, and/or repair of new or used vehicles, machinery, and/or equipment. This use may also include the sale of parts and accessories. Note: Equipment, Machinery and Vehicle Sales, Rental and Service is listed both as an exclusive use in certain districts and a use within Rural Industrial Class C. Exhibition Grounds means a development for conventions, conferences, seminars, product displays, recreation activities, and entertainment functions, and may include accessory functions such as temporary outdoor displays, and food and beverage preparation and service typically for on-premise consumption. Extensive Agriculture means the production of crops and/or livestock by the extensive cultivation or open grazing of existing titles or proposed parcels usually greater than 160 acres (64.8 ha) on dryland or 80 acres (32.4 ha) on irrigated land. F Farmer's Market means a development for the recurring sale primarily of fresh or processed farm or garden products by a group of vendors to the public and may include craft vendors, and other goods, services, and wares vendor's booths. Entertainment and food service may also be allowed ancillary to the use. P a r t 1 1 : D e f i n i t i o n s Municipal District of Taber Land Use Bylaw No. 2011 191 Farmstead means the ancillary part of an agricultural parcel developed with a dwelling, and ancillary buildings, structures, shelter belts, dugouts, storage areas for farm equipment, produce, and fertilizer, etc., necessary to the extensive cultivation and/or grazing use of the major portion of land. Floor Area means the sum of the gross horizontal area of the several floors and passageways of a building, but not including cellars, attached garages, and open porches. All dimensions shall be outside dimensions. Basement floor areas shall be included only where the building contains a Secondary Suite. Foundation means the supporting base structure of a building which has been designed and engineered to support the associated weight of the building. Frontage means the portion of a lot abutting a public roadway. Front Yard - see Yard, Front Funeral and Related Services means a development for the arrangement of funerals, the preparation of the deceased for burial or cremation, the holding of funeral services and the carrying out of cremation. G Garden Centre means a development for the commercial retail sales of vegetables, plants, flowers, shrubs, trees, or other plants for transplanting or sale and may include retail sales accessory to the use. Golf Course and Clubhouse means a use where land is developed primarily to accommodate the game of golf and may include ancillary uses such as clubhouses, pro shops, food service, and other commercial uses typically associated with a golf course and clubhouse facility. Government Service means a development providing municipal, provincial, or federal government services directly to the public or the community at large. This includes, but is not limited to municipal, provincial, and federal buildings, fire stations, police stations, post offices, distribution centres, and social services offices. Note: Government Service is listed both as an exclusive use in certain districts and a use within Public and Institutional. Grain Bin means a cylindrical structure affixed to the ground and used for the bulk storage of raw, unprocessed agricultural commodities. This includes silos and does not include the storage of fertilizer. Grain Elevator means a development for the collection, grading, processing, storage, and shipping and receiving of crops. See Primary Agriculture Class A. Group Care Facility means a development which provides residential accommodation and rehabilitative services to persons who are handicapped, aged, disabled or undergoing rehabilitation and in which supervisory, educational, developmental, daily living and/or personal care services may be provided or made available. This use includes Supportive Housing, group homes, and shelters but shall not include a Hospital, sanatorium, jail, prison, reformatory, or hostel. Guest Ranch/Lodge means a development providing accommodations and activities wholly or partly for recreational purposes. This includes but is not limited to trail riding ranches, rural experience camps and retreats, and fishing and hunting camps. 192 Municipal District of Taber Land Use Bylaw No. 201 P a r t 1 1 : D e f i n i t i o n s 192 Municipal District of Taber Land Use Bylaw No. 2011 H Hay Plant means a development for the processing and storage of hay and the wholesale distribution of the same. See Industrial Class B, Rural. Health Service means a development where physical or mental health services are provided on an out- patient basis and may be of a preventative, diagnostic, treatment, therapeutic, rehabilitative, or counseling nature. This includes, but is not limited to medical, chiropractic, and dental offices, health clinics, physiotherapy, and counseling services. An ancillary use to this development may include medical supply stores and pharmacies. Highway means a public road that is designated as a provincial highway and is under provincial jurisdiction. Highway Commercial - see Commercial, Highway High Quality Agricultural Land - see Land, High Quality Agricultural Home Occupation Class A means the secondary use of a dwelling by a fulltime occupant of the dwelling for a small-scale home business which is incidental to the residential use of the dwelling, such that the use, location, and operation is not readily apparent under normal scrutiny from the adjacent lands, and does not involve: (a) non-resident employees; (b) outdoor storage; (c) customer visits to the residence. This use does not include sale of cannabis and cannabis accessories, which is classified as a Retail Cannabis Store. Home Occupation Class B means the secondary use of a dwelling and/or its ancillary buildings by a fulltime occupant of the dwelling for a small-scale home business which is incidental to the residential use of the dwelling, buildings, and land such that the use, location, and operation is not readily apparent under normal scrutiny from the adjacent lands but may involve, in accordance with the Home Occupation B Standards: (a) non-resident employees; (b) outdoor storage; (c) customer visits. Examples include, but are not necessarily limited to: Day Homes, tutorial services, consulting services, music lessons, small animal grooming, bed and breakfast, arts and crafts sales, hair salon, spa, massage, and off-site business. This use does not include sale of cannabis and cannabis accessories, which is classified as a Retail Cannabis Store. Horticultural Operations/Facilities means a development for the commercial production and sales (on or off-site) of specialty crops grown by high yield production or density techniques, and/or the hatching, raising, and breeding of fish or other aquatic plants or animals. Examples include, but are not necessarily limited to, greenhouses, nurseries, hydroponics, aquaponics, aquaculture, and mushroom farms. This use does not include the growing, producing, cultivating, testing, processing, researching, destroying, storing, packaging, or shipping of cannabis, which is classified as a Cannabis Production Facility or Cannabis Cultivation. P a r t 1 1 : D e f i n i t i o n s Municipal District of Taber Land Use Bylaw No. 2011 193 Hospital means a development providing medical treatment on both an in-patient and an out-patient basis and may include provisions for outdoor amenity areas, laundry facilities, maintenance buildings, and air transport facilities. Household Repair Service means a development for the repair and servicing of goods, furniture, equipment, and appliances normally used within and around the home with associated retail sales of such repaired goods as an ancillary use. Note: Household Repair Service is listed both as an exclusive use in certain districts and a use within Rural Industrial Class C. I Industrial means the use of land and/or buildings for the purpose of manufacturing, processing, refining, storing, and/or distributing materials or products for sale or application elsewhere. Any on-premises sales shall be incidental to the operation of the industry except where permitted otherwise under a Rural Industrial Class C use which permits on-premises sales as a principal use, such as Equipment, Machinery, and Vehicle Sales, Rental and Service. Industrial Class B, Rural means: (a) a resource extractive use or use involved in on-site processing of an extractive resource; or (b) a use involved in the manufacturing and/or processing of produce, raw materials, or goods; or (c) a non-labour intensive exterior storage use requiring relatively large areas of land but minimal on- site improvements, services and public amenities, which is hazardous, noxious, unsightly or offensive. Examples include, but are not necessarily limited to:, anhydrous ammonia bulk storage, Abattoirs and Animal Processing Plants, rendering plants and incinerators, oil and gas plants, livestock sales yards, gravel/sand pits or stone quarries, asphalt plants, alfalfa dehydrating plants, fertilizer plants, Hay Plants, seed cleaning plants, bio-gas and bio-fuel plants, food processing and chemical processing, Salvage/Wrecking Yards:, Manufacturing and Processing Industries, Breweries/Distilleries, data warehousing (cryptocurrency mining) and other such uses determined by the Development Authority to be similar in nature. Industrial Class C, Rural means limited manufacturing, warehousing, and business uses which can be compatibly located with surrounding uses and involve: (a) manufacturing and assembly of predominantly previously prepared materials, finished products or parts, including packaging and incidental storage of the product; or (b) agricultural, industrial, and construction support services, including Equipment, Machinery, and Vehicle Sales, Rental and Service; or (c) a non-labour-intensive interior storage or warehousing use requiring a relatively large area of land but minimal on-site improvements, which does not include retail sale of warehouse goods to the public. Examples include but are not necessarily limited to: bulk fuel depot (does not include anhydrous ammonia bulk storage which is classified as Rural Industrial Class B), Contractors and Trade Shops, mechanical repair, water hauling, Equipment, Machinery, and Vehicle Sales, Rental, and Service, Household Repair Service, trucking and transport service, Mini-Storage, and other such uses determined by the Development Authority to be similar in nature. 194 Municipal District of Taber Land Use Bylaw No. 201 P a r t 1 1 : D e f i n i t i o n s 194 Municipal District of Taber Land Use Bylaw No. 2011 Interior Lot - see Lot, Interior Intersection Sight Triangle means the triangular area formed by a straight line drawn between two points starting at the point of intersection of the property lines of a corner lot, measured along the property lines, and extending from their point of intersection for the distance prescribed in this Bylaw. Irrigated Land - see Land, Irrigated L Land, Agricultural means rural land having a Canada Land Inventory (CLI) soil classification of 1 to 6 for agricultural use. Land, High Quality Agricultural means existing titles or proposed parcels of rural land having: (a) a CLI soil classification of numbers 1 through 4 inclusive (excluding 10 acre cut-offs and fragmented areas as defined in the Municipal Development Plan) which are capable of producing crops and/or livestock by extensive farm cultivation or open grazing methods; (b) a CLI soil classification of number 5 or 6 (excluding 20 acre cut-offs and fragmented areas as defined in the Municipal Development Plan) which have a minimum carrying capacity of 1 animal unit per 40 acres for open grazing purposes. Land, Poor Agricultural means existing titles or proposed parcels of rural land which, in spite of their better soil classifications or carrying capabilities, have been determined by the municipality to have a low productive capability for agriculture as: (a) cut-off areas (as defined in the Municipal Development Plan) containing less than 10 acres (CLI 1 to 4) or 20 acres (CLI 5 and 6) land that cannot be logically and economically farmed or grazed separately or as part of a larger, nearby extensive operation; or (b) areas comprised of 20 acre or smaller lots so badly fragmented by use or ownership that the land cannot be logically used for extensive agricultural purposes; or (c) developed portions of abandoned or operational farmsteads that cannot be economically rehabilitated and returned to extensive agricultural use. Land, Rural (Rural or Rural Area) means all land in the Municipal District of Taber excepting that which is contained within the designated boundaries of a hamlet. Land, Urban (Urban or Urban Areas) means all land in the Municipal District of Taber located within the designated boundaries of a hamlet. Land, Irrigated means an existing title or proposed parcel in which more than 75% of the total acreage contained is classified by an irrigation district as "to be irrigated". Land, Dry means an existing title or proposed parcel in which less than 75% of the total acreage contained is classified by an irrigation district as "to be irrigated". Land Use Districts, Hamlet means the Hamlet Residential, Hamlet Commercial, Hamlet Industrial, Hamlet Public/Institutional, and Hamlet Transitional/Agricultural land use districts. P a r t 1 1 : D e f i n i t i o n s Municipal District of Taber Land Use Bylaw No. 2011 195 Land Use Districts, Rural means the Rural Agricultural, Rural/Urban Fringe, Rural Highway Commercial, Grouped Country Residential, Grouped Country Mixed-Use, Grouped Industrial and the Private Commercial Recreation land use districts. Lane means a public road typically not exceeding 30 feet (9.14 m) in width which provides a secondary means of access to a lot (site). Licensed Premises means a development licensed and regulated pursuant to provincial legislation where alcoholic beverages are served for consumption on the premises and includes, but is not limited to, a bar, pub, tap-house, lounge, micro-brewery, or micro-distillery. Loading Space, Off-street means an open area designed expressly for the parking of haulage vehicles while loading or unloading. Local Internal Subdivision Road means a public road deemed to be a local road internal to a subdivision by the Municipal District of Taber. Lodging and Boarding House means a development within a building, other than a Motel/Hotel, containing not more than fifteen (15) sleeping rooms where means or lodging for five (5) or more persons are provided for compensation pursuant to previous arrangements or agreement. Lot has the same meaning as Parcel of Land. Lot Area means the total area of a lot. Lot Lines means the legally defined limits of any lot. Lot Length means the horizontal distance between the front and rear lot lines vertically projected and measured along the median between the side lot lines. Lot Width means the horizontal measurement between the side lot lines measured at a point 25 feet (7.62 m) perpendicularly distant from the front boundary of the lot. Lot, Corner means a lot located at the intersection or junction of two or more streets. Lot, Interior means any lot other than a corner lot. Lot, Through means a lot other than a corner lot with frontage on more than one street. 196 Municipal District of Taber Land Use Bylaw No. 201 P a r t 1 1 : D e f i n i t i o n s 196 Municipal District of Taber Land Use Bylaw No. 2011 M Manufactured Home Park means a comprehensively planned development for the placement and occupancy of new and previously occupied manufactured dwellings as residences which is managed by an operator and may include amenity areas and accessory facilities for use and maintenance of the residents. Manufactured Home Park does not include transient uses such as campgrounds. Manufactured Home Sales and Service means a development for the sale of new and used manufactured homes, and includes on-site display and storage of the homes, supplementary maintenance services, and the sale of parts and accessories. Manufacturing and Processing Industries means a development principally associated with manufacturing, assembling, fabrication, and processing. Examples include but are not limited to plants involved with natural gas or its derivatives, pulp and paper products, stone, clay, glass, plastic, wood, rubber or metal products, cement or lime products, automotive assembly or fabrication. This use does not include Cannabis Processing Facility. Note: Manufacturing and Processing Industries is listed both as an exclusive use in certain districts and a use within Rural Industrial Class B. Matters Related to Subdivision and Development means regulations established by the order of the Lieutenant Governor in Council pursuant to the Municipal Government Act. Meteorological (MET) Tower means a structure used for the collection and analysis of wind, temperature, precipitation, air pressure, or other atmospheric data, and may include an anemometer, wind direction vane, temperature and pressure sensors, and other measurement devices attached to it at various levels above the ground. Mini-Storage means a development which includes a series of enclosed storage bays or lockers which are intended for rental or lease to the public for storage of personal property and may include outside storage areas for items such as vehicles, machinery, and equipment. Note: Mini-Storage is listed both as an exclusive use in certain districts and a use within Rural Industrial Class C. Mixed Use means a development with more than one type of use (such as a mix of office, retail, residential, entertainment, cultural, recreation, etc.) all of which are physically and functionally integrated and are mutually supporting and developed in a comprehensive manner. Motel/Hotel means a development within a building or group of buildings on a site providing separate sleeping units complete with washing and sanitary facilities and typically with adjoining conveniently located parking space, designed or operated primarily for the purpose of temporary accommodation. Restaurants, dining rooms, room service, retail stores, convention rooms, and other similar guest services may be included within a Motel/Hotel as ancillary uses. Examples include hotels, motels, and inns. Motor Sports Park means a development involving the driving and/or racing of motor vehicles and/or off- road vehicles as defined by provincial statute, on off-road circuits or open courses and may include ancillary uses such as food and beverage establishments and areas or structures used for spectators. Moved-in Building - see Building, Moved-in P a r t 1 1 : D e f i n i t i o n s Municipal District of Taber Land Use Bylaw No. 2011 197 Municipal Government Act (MGA) means the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as amended. Municipal Planning Commission means the Municipal District of Taber Municipal Planning Commission appointed by Council and authorized to act as a Development Authority and Subdivision Authority in accordance with this Bylaw and the municipality's development and subdivision authority bylaw. Municipality means the Municipal District of Taber. Municipal District Taber means the Municipal District of Taber, either as a whole, with reference to its geographic extent, or as a corporate body, including its administration and elected Council as the context applies. N Non-conforming Use - see Use, Non-conforming O Off-street Parking Space - see Parking Space, Off-street Orientation means the arranging or facing of a building or other structure with respect to the points of the compass. Outdoor Storage means the open storage of goods, merchandise, materials, vehicles, or equipment outside a building on a parcel of land. This does not include the open storage of goods or materials which are noxious or hazardous. Note: Outdoor Storage is listed both as an exclusive use in certain districts and a use within Primary Agriculture Class A. P Parcel of Land (Parcel) means: (a) where there has been a subdivision, any lot or block shown on a plan of subdivision that has been registered in a land titles office; (b) a quarter section of land according to the system of surveys under the Surveys Act or any other area of land described on a certificate of title. Note: A certificate of title containing more than one lot described in a plan of subdivision registered in a land titles office before July 1, 1950, constitutes a single parcel of land. 198 Municipal District of Taber Land Use Bylaw No. 201 P a r t 1 1 : D e f i n i t i o n s 198 Municipal District of Taber Land Use Bylaw No. 2011 Park Model Trailers means a Recreational Vehicle that is either: (a) built on a single chassis mounted on wheels designed for infrequent towing by a heavy-duty tow vehicle but is restricted in size and weight so that it does not require a special highway movement permit and conforms to the CSA-Z-240 standard for recreational vehicles; or (b) intended for temporary residence or seasonal use built on a single chassis mounted on wheels, which may be removed and returned to the factory, requiring a special tow vehicle and highway permit to move on the road and conforms to the CSA-Z-241 standard for recreational vehicles. A Park Model Trailer shall not be used as a permanent dwelling. Parking Facility means a development on a site or a portion of a site, devoted to the off-street parking of vehicles, including parking space, aisles, access drives, and landscaped areas, and providing vehicular access to a public road and may include buildings or structures necessary for the operation for the parking area. When identified as a specific use in a land use district, the use is contemplated as a principal use of a lot. In all other cases, parking is considered an ancillary use to a principal use. Parking Space, Off-street means an off-street area available for the parking of one motor vehicle. Every off-street parking space shall be accessible from a street, lane, or other public roadway. Parks and Open Space Areas means land developed for public recreational activities that do not require major buildings or facilities, and includes amenities such as picnic areas, playgrounds, benches, open green space, pedestrian and bicycle paths, outdoor courts, landscaped areas, and associated public washrooms, play equipment, and other associated structures and uses. Note: Parks and Open Space is listed both as an exclusive use in certain districts and a use within Public and Institutional. Performance and Events Centre means a development for performance and/or events that involves bringing in outside performers to entertain an audience by means of singing and/or playing music, acting, dancing, comedy, reciting poetry, or other types of oral presentations. Permanent Foundation means a foundation installed to provide structural support for a building or structure in accordance with the current Alberta Safety Codes. Permitted Use - see Use, Permitted Personal Service means a development used for the provision of services related to personal care and appearance or the cleaning and repair of personal effects and may include the retail sale of associated products. Typical uses include but are not limited to beauty salons, barber shops, health spas, dog grooming, tailors and dressmakers, dry cleaners, laundromats, shoe repair shops, and post office. Personal Workshop and Storage Buildings means a building which is to be used, or intended to be used, for the private, non-commercial personal storage or shop use of the property owner. The primary purpose is to provide private shop or storage space to store personal belongings with the workshop space allowing for limited small-scale associated hobby work, crafting, assembly, and personal auto care type uses that are non-commercial in nature. P a r t 1 1 : D e f i n i t i o n s Municipal District of Taber Land Use Bylaw No. 2011 199 Place of Worship means a development including any meeting halls used for spiritual worship and related religious, charitable, or social activities, but does not include an Educational Facility. This includes, but is not limited to churches, chapels, mosques, temples, synagogues, parish halls, convents, and monasteries. These developments may include ancillary uses such as administration, meeting rooms and food preparation facilities. Note: Place of Worship is listed both as an exclusive use in certain districts and a use within Public and Institutional. Poor Quality Agricultural Land - see Land, Poor Agricultural Premises means a parcel of land and buildings thereon. Principal Use - see Use, Principal Primary Agricultural Operations means an agricultural activity conducted on agricultural land for gain or reward or in the hope or expectation of gain or reward including: the cultivation of land; the raising of livestock, but excluding 'Confined Feeding Operations' as defined by the Agricultural Operations and Practices Act (AOPA); the production of agricultural field crops; the production of fruit, berries, vegetables, sod, trees, shrubs, and other specialty crops; the production of milk and eggs; the production of honey; and the operation of agricultural machinery and equipment including irrigation pumps and the application of fertilizers, manure, insecticides, pesticides, fungicides, and herbicides, including application by ground and aerial spraying for agricultural purposes. This use does not include Horticultural Operations/Facilities, which is classified as a separate use. Primary Agriculture Class A means: (a) a use involved in storage of agriculture produce and goods requiring proximate location to the source of the agricultural produce; or (b) a non-labour intensive exterior storage use requiring a relatively large area of land but minimal on-site improvements, services and public amenities. Examples include, but are not necessarily limited to, apiaries, Grain Elevators, sugar beet loading stations, Commodity Storage Buildings (e.g., potato storage warehouses, onion storage warehouses), machinery, vehicle and equipment storage, Outdoor Storage, and other uses determined by the Development Authority to be similar in nature. Principal Building - see Building, Principal Professional, Financial, and Office Support Services means a development that provides professional, management, administrative, consulting, and financial services to consumers. This includes, but is not limited to accountants, architects, engineers, lawyers, banks, insurance companies, and real estate firms. Prohibited Use - see Use, Prohibited Provincial Health Care Facility means a hospital as defined in the Hospitals Act. Public and Institutional means public or quasi-public uses, areas or facilities such as, but not necessarily limited to: churches (Place of Worship), schools (Educational Facilities), community halls, Cemeteries, weigh scales, Government Service, Public Assembly, public utility facilities and structures, designated federal, provincial or municipal parks (Parks and Open Space), recreation, recreational facilities, and camping areas, and other uses determined by the Development Authority to be similar in nature. 200 Municipal District of Taber Land Use Bylaw No. 201 P a r t 1 1 : D e f i n i t i o n s 200 Municipal District of Taber Land Use Bylaw No. 2011 Public Assembly means the use of a building, or a portion thereof, for the gathering together of persons for purposes such as civic or social functions, recreation, food or drink consumption. Examples include but are not limited to community halls, legions, and fraternal organizations but does not include Place of Worship which is a separately defined use. Note: Public Assembly is listed both as an exclusive use in certain districts and a use within Public and Institutional. Public Roadway/Road (Street) means the land (road right-of-way/road allowance): (a) shown as a road on a plan of survey that has been filed or registered in a land titles office whether or not it has been constructed to the municipal standard (undeveloped road); or (b) established as a statutory roadway (road allowance) whether or not it has been constructed to the municipal standard (undeveloped road allowance); or (c) determined to be a public roadway by the municipality; and includes a bridge forming part of a public road and any structure incidental to a public road. For the purposes of access and frontage requirements of this Bylaw, public road does not include a lane. R Railway Installations means a development for purposes directly connected with rail transportation and may include such facilities as tracks, sidings, signal devices, shops and yards for storage and maintenance, loading platforms, and freight terminals. Rear Yard - see Yard, Rear Recreational Facilities means a development for active and/or passive recreational uses, buildings, and structures and may be privately operated, non-profit, or owned and/or administered by any level of government. Examples include but are not limited to picnic areas, swimming pools, spray parks, athletics clubs, sports fields, indoor or outdoor rinks, gymnasium, gymnastic or dance facilities, mini-golf, and racquet clubs. The facility may also include eating and retail areas if suitable for the site and land use district. Recreational Vehicle means a vehicle, trailer or other similar unit designed for and intended to provide temporary accommodation for travel and recreational purposes, which either has its own motor power or is mounted onto or drawn by another vehicle. Examples include but are not limited to motor homes, campers, holiday trailers, travel trailers, fifth wheel trailers, tent trailers, park model trailers, sleeping quarters or living quarters mounted on trailers, and any other vehicle, trailer, or unit determined to be a Recreational Vehicle by the Development Authority. Recycling Depot means development used for the collection and temporary storage of bottles, cans, tetra- packs, newspapers, and similar household goods for reuse, where all storage is contained within an enclosed building. Note: Recycling Facility is listed both as an exclusive use in certain districts and a use within Waste Management Facility Minor. Regionally Significant Area means a public park, historic or archaeological site, environmentally sensitive area, forest reserve or any similar facility owned and/or administered by any level of government, including primary highways, and any area identified as a Regionally Significant Area identified in the MD of Taber Environmentally Significant Areas in the Oldman River Region Cottonwood Consultants Ltd Report. P a r t 1 1 : D e f i n i t i o n s Municipal District of Taber Land Use Bylaw No. 2011 201 Research and Development Facility means a development for scientific research, investigation, and testing. Residential, Grouped Country means three or more contiguous country residential lots not including a farmstead containing a dwelling that may have been subdivided as the first parcel from a quarter section or 80 acre parcel. Residential Accommodation in Conjunction with an Approved Commercial Use means a dwelling unit that is physically part or detached from a building containing a commercial use for which a development permit has been issued so that the dwelling unit is supplementary use to the principal use. Residential Use of Agricultural and Other Non-Residential Buildings means a Dwelling Unit or living quarters of any type located within or attached to a building associated with agriculture or a building associated with a principal use which, in the opinion of the Development Authority, is classified as non- residential, such as Agricultural Buildings and Structures Class A and B, Horticultural Operations/Facilities, Public and Institutional, Personal Workshop and Storage Buildings, Primary Agriculture Class A, and Rural Industrial Class B, and C, in accordance with the Land Use Bylaw. Restaurant means a development where food is prepared and served on the premises for sale to the public and may include supplementary alcoholic beverage service and supplementary on-or-off premises catering services. This use includes restaurants, cafes, coffee shops, lunch and tea rooms, fast food establishments, sandwich shops, ice cream parlours, banquet facilities, take-out restaurants, and other uses similar in character and nature to any of these. Rest Stop means a place for vehicles to pull off a public roadway which may or may not include public restrooms and picnic areas and other similar amenities but does not include Campgrounds. Retail Store means a commercial development where small quantities of goods or commodities for personal or household consumption are sold, which includes but is not limited to grocery stores, bakeries, clothing stores, sporting goods stores, hardware stores, and liquor stores but does not include Retail Cannabis Stores. Retail Cannabis Store means the use of a building where cannabis and cannabis accessories, licensed by the Province of Alberta, are offered for sale to individuals who attend the premises for off-site consumption, and may include storage within the premises of cannabis and cannabis accessories sufficient only to service such a store. Riding Arena Commercial means a development where horses are boarded and cared for and where instruction in riding, jumping, and showing is offered, and the general public may hire horses for riding. Riding Stables and Rodeo Grounds means an agricultural/recreation-oriented facility for the exhibition or competition of an animal's bloodline, behaviour, quality, or other trait and which may also include facilities (arena, chutes, grandstand, corrals, stables, concession booths, etc.) to carry out such a purpose. Rural Industrial Class B - see Industrial Class B, Rural Rural Industrial Class C - see Industrial Class C, Rural Rural or Rural Area - see Land, Rural Rural Land - see Land, Rural 202 Municipal District of Taber Land Use Bylaw No. 201 P a r t 1 1 : D e f i n i t i o n s 202 Municipal District of Taber Land Use Bylaw No. 2011 S Safety Codes means a code, regulations, standard, or body of rules regulating such things as buildings, electrical systems, elevating devices, gas systems, plumbing and private sewage disposal systems, pressure equipment, fire protection systems and equipment, barrier-free design and access, in accordance with the Safety Codes Act, RSA 2000, Chapter S-1, as amended. Salvage/Wrecking Yard means a development for the receiving, dismantling, resale or transportation of inoperable motor vehicles, machinery, equipment, parts metals, construction material or other similar materials. Such uses include, but are not limited to, junkyards, auto wreckers, and salvage and scrap yards. See Industrial Class B, Rural. Secondary Front Yard - see Yard, Secondary Front Seed Cleaning means a building or facility used for the storage, cleaning, bagging and preparation of seeds, for agricultural purposes. See Industrial Class B, Rural. Serviceable Use - see Use, Serviceable Service Station/Gas Bar means a development for the retail sale of motor accessories, gasoline, or other fuels, and the supply of washing, greasing, cleaning, and repair services for motor vehicles. Setback means the minimum distance required between the property line of a lot and the nearest part of any development/use on the lot. Shipping Container means any container that was used for transport of goods by means of rail, air, truck or by sea. These containers are rectangular in shape and are generally made of metal. When used for any purpose other than transporting freight, a shipping container shall be considered a building and subject to the standards and requirements of the Land Use Bylaw. Shipping Container Class A means a shipping container placed on a lot as a temporary use. Shipping Container Class B means a shipping container placed on a lot as a permanent use. Shooting Range Facility means a development for private open air recreation facilities that occur on man- made sites and are operated for profit; includes rifle ranges, pistol ranges, archery ranges, and minor retail sales and services customarily associated with and accessory to such facilities. Shopping Centre means comprehensively planned development comprising one or more buildings irrespective of the time of construction, located on a single lot primarily occupied or intended to be occupied by Retail Stores, Personal Services outlets, Restaurants, and Service Station/Gas Bars. Side Yard - see Yard, Side Sign - See Part 7 Sign Standards Sign Class A means a fascia, canopy, lawn, or free-standing sign. Similar Use(s) - see Use, Similar P a r t 1 1 : D e f i n i t i o n s Municipal District of Taber Land Use Bylaw No. 2011 203 Site means Lot. Site Coverage means the percentage of the area of a lot which is covered by all principal and ancillary buildings on a lot, including any structures attached to a building by an open or enclosed roofed structure, including but not limited to attached garages, carports, verandahs, porches, and covered decks. Solar Energy System Class A - See Part 9 Solar Energy Systems. Solar Energy System Class B - See Part 9 Solar Energy Systems. Solar Energy System Class C - See Part 9 Solar Energy Systems. Street means Public Roadway/Road. Structure means anything constructed or erected or excavated with a fixed location on the ground. Among other things, structures may include buildings, walls, fences, stockpiles, open sheds, and signs. Subdivision Authority means the body established in accordance with the Municipal Government Act by bylaw to act as the subdivision authority for the municipality. Subdivision and Development Appeal Board means the body established in accordance with the Municipal Government Act, and the municipality's Subdivision and Development Appeal Board Bylaw to which certain development and subdivision decisions of the Municipal District of Taber Development Authority and Subdivision Authority may be appealed in accordance with the Municipal Government Act and this Bylaw. Such As means includes but is not limited to the list of items provided. Suitable Use - see Use, Suitable Supportive Housing means a residential development for elderly, disabled persons and/or persons that require additional care, with on-site or off-site supports to ensure their daily needs are met. This includes but is not limited to seniors' housing, independent living, supportive living, long-term care facilities, and complex care. Note: Supportive Housing is listed both as an exclusive use in certain districts and a use within Group Care Facility. Surveillance Suite means a development providing living accommodations (kitchen, sleeping and washroom facilities) that may contain an office, and is intended for occupancy by the owner, operator, caretaker, or other essential administrative or operational personnel whose function it is to provide on- site surveillance, maintenance, and/or security in conjunction with an approved non-residential principal use of the parcel. A surveillance suite is not intended for permanent occupation of multiple residents simultaneously. The surveillance suite is a secondary use to an approved non-residential principal use, therefore requiring the principal use to be in operation while the suite is located on the premises. 204 Municipal District of Taber Land Use Bylaw No. 201 P a r t 1 1 : D e f i n i t i o n s 204 Municipal District of Taber Land Use Bylaw No. 2011 T Temporary Uses means a development which may be approved for a limited and fixed period of time and shall be discontinued upon expiration of a permit in accordance with Part 1, Section 23 of this Bylaw. Through Lot - see Lot, Through Tourist Centre means a development used to provide local information and/or directions primarily to travelers. Truck/Car Wash means development for the commercial washing and cleaning of vehicles. This use does not include ancillary car washes for dealerships, farms, and vehicle repair. U Urban or Urban Areas - see Land, Urban Urban Land - see Land, Urban Use means the purpose or function to which land, buildings, or structures are put. Use, Ancillary - see Ancillary Use Use, Principal means development deemed by the Development Authority to be the main or primary use of land or buildings. Use, Non-conforming in accordance with the Municipal Government Act, means a lawful specific use being made of land or a building or intended to be made of a building lawfully under construction at the date a land use bylaw affecting the land or building becomes effective, and that on the date the land use bylaw becomes effective does not, or in the case of a building under construction will not, comply with the land use bylaw. Use, Discretionary means the one or more uses listed as discretionary uses in Part 3 of this Bylaw for which a development permit may be issued at the discretion of the Municipal Planning Commission in accordance with this Bylaw. Use, Permitted means the one or more uses listed as permitted uses in Part 3 of this Bylaw for which a development permit shall be issued with or without conditions by the Development Authority provided the development conforms in entirety to applicable provisions of this Bylaw. Use, Prohibited means the one or more uses of land or buildings that are either described in a land use district as prohibited uses or are not listed as either permitted or discretionary uses and are not deemed to be similar in nature to either a permitted or discretionary use in accordance with the procedures established in this Bylaw. P a r t 1 1 : D e f i n i t i o n s Municipal District of Taber Land Use Bylaw No. 2011 205 Use, Similar means a use which is not specifically listed within the particular district, but which may, by Development Authority ruling, be deemed comparable to a permitted, discretionary or prohibited use listed, and, therefore, be decided according to Section 22 of this Bylaw. Use, Compatible means a development which, in the opinion of the approving authority, is capable of existing together with or nearby another development(s), without discord or disharmony. Use, Suitable means a development which, in the opinion of the approving authority, is appropriate and in accordance with established requirements. Use, Serviceable means a development which can be provided with a potable water supply, sewage disposal system and electrical utilities in accordance with Public Health Act standards and any other applicable statutes and regulations. V Variance means a relaxation in whole or in part of a requirement of this Bylaw and which has been allowed by the Development Authority authorized to grant it pursuant to this Bylaw. A variance cannot be granted for use. W Waiver - see Variance Warehousing means a development for the indoor storage of goods and merchandise and may include offices related to the administration of the warehouse facility and/or the retail sale of goods stored in the warehouse. Waste Management Facility Major means a development primarily for the storage, processing, treatment, burial, and disposal of solid and/or liquid wastes, and/or hazardous materials. Typical uses include sanitary landfills, landfarming (bioremediation), incinerators, wastewater treatment plants, and similar uses. Waste Management Facility Minor means a development for the storage, disposal and filling of clean clay, waste concrete and paving materials, non-noxious scrap building materials, aggregate, and similar non- hazardous wastes. This use includes dry-waste sites, Waste Transfer Stations, and Recycling Depots. Waste Transfer Station means a development where nonhazardous solid waste materials are taken from a collection vehicle, temporarily stored or stockpiled, and ultimately placed in a transportation unit for movement to another facility. See Waste Management Facility Minor. Wastewater Treatment Facility means a Wastewater Treatment Plant as defined in the Matters Related to Subdivision and Development Regulation. See Waste Management Facility Major. Waterbody means any natural or artificial stream, river, lake, reservoir, marsh, creek, ditch, channel, canal, lateral conduit drain, gully, ravine or wash in which water flows or is contained either continuously or intermittently including any bed, shore, banks or areas subject to inundation by overflow or flood water. 206 Municipal District of Taber Land Use Bylaw No. 201 P a r t 1 1 : D e f i n i t i o n s 206 Municipal District of Taber Land Use Bylaw No. 2011 Water Treatment Facility means a development involving the collection, treatment, testing, storage, pumping, and distribution of water through a public water system. Wind Energy Conversion System (WECS) means one or more structures designed to convert wind energy into mechanical or electrical energy. See Part 8 Wind Energy Conversion Systems Work Camp means a development for the temporary accommodation of construction or resource industry workers. The site may include on-site buildings, trailers or other acceptable means of accommodation used to house and feed workers and/or store project construction materials, and/or provide office space for contractors and sub-contractors. Workforce Relocatable Trailers and Mobile Office Trailers means a relocatable building built in conformance with CSA A277 or a prior standard, for the temporary use as a dwelling, office, lunchroom, storage room, workshop, or other such use deemed to be compatible by the Development Authority. Manufactured Home is a separate use (See Dwelling, Prefabricated, Manufactured). Use of a Workforce Relocatable Trailer for Agricultural Labour Housing is not restricted to temporary use at the discretion of the Municipal Planning Commission. Y Yard means a part of a lot upon or over which no building, development, or structure other than a boundary fence is erected, unless otherwise hereinafter permitted in accordance with this Bylaw. Yard, Front means a yard extending across the full width of a lot and situated between the front lot line and the nearest portion of the principal building. Yard, Rear means a yard extending across the full width of a lot and situated between the rear lot line and the nearest portion of the principal building. Yard, Secondary Front means a yard on a corner lot with street frontage, but which is not the frontage where the main entrance to the building or development is oriented or is the yard which is designated the secondary front by the Development Authority. Yard, Side means a yard extending from the front yard to the rear yard and situated between the side lot lines and the nearest portion of the principal building. P a r t 1 1 : D e f i n i t i o n s Municipal District of Taber Land Use Bylaw No. 2011 207 Z Zoning - see District M u n i c i p a l D i s t r i c t o f T a b e r L a n d U s e B y l a w N o . 2 0 1 1 PART 12 Land Use Districts Maps M u n i c i p a l D i s t r i c t o f T a b e r L a n d U s e B y l a w N o . 2 0 1 1 APPENDIX A Applications Municipal District of Taber 4900B - 50th Street Taber, Alberta T1G 1T2 403-223-3541 DEVELOPMENT PERMIT APPLICATION REQUIREMENTS Pursuant to Land Use Bylaw No. 2011 Page 1 of 2 (March 2025) Development Permit Application Requirements The following must be provided to process a development permit:  Application Form - completed in full and signed by the applicant and registered owner(s) if different from the applicant.  Application Fee - refer to the M.D. of Taber Schedule of Fees for applicable fee.  Site Plan - provide a legible plan identifying the existing and proposed development; refer to the Site Plan Requirements attached.  Abandoned Well Information - provide documentation from the Alberta Energy Regulator (AER) identifying the presence or absence of abandoned wells for all development permits proposing buildings that are larger than 500 ft2 (47 m2) and for additions to buildings that will as a result of the addition become larger than 500 ft2 (47 m2). If an abandoned well is identified on the property, development shall comply with the setback directed by AER Directive 079. The Development Authority may require a professionally prepared map showing the actual location of the abandoned well in the field and the required AER setback in relation to building sites prior to issuance of a decision.  Floor/Building Plan - a full set of building plans (min. 11X17) or floor plan drawings for all levels of the building (for all buildings including new, previously owned, and additions); note, plans become part of the application and are not returned to the applicant.  Colour Photographs - provide recent colour photographs of each elevation of the structure where application is for a moved-in-dwelling or previously occupied prefabricated dwelling and at least two recent colour photographs of the end and side views of any proposed shipping container.  Safety Codes Report - provide documentation prepared by a qualified Safety Codes inspector where application is for a previously occupied dwelling (moved-in, prefabricated used, etc.) demonstrating that dwelling meets Alberta Safety Code requirements. If dwelling does not meet requirements, provide information indicating how the dwelling will be brought up to meet the Alberta Safety Codes and a proposed timeframe for completing improvements. The following additional information may be required at the discretion of the Development Authority and the M.D. of Taber in order to process your application:  Landscaping Plan  Grading/Drainage Plan  Traffic Impact Analysis  Soils Analysis for septic feasibility  Geotechnical and/or engineering reports  Provincial and/or federal approvals  Any other information as required by the Development Authority Important Advisory 1. The Development Authority may deem an application incomplete if any of the application requirements are incomplete or if the quality of the information is deemed inadequate to properly evaluate the application. The applicant will be issued a written notice if the application has been deemed incomplete. 2. A pre-application meeting is not required prior to submitting a development permit application except for a Solar Energy System Class C development. Applicants are encouraged to contact the M.D. of Taber Office with any questions about the application process and to review land use bylaw requirements prior to submitting an application. 3. Any development started on the property prior to the issuance of a development permit and expiration of the appeal period is at the applicant's risk. 4. A development permit does not constitute a building permit or approval from any applicable provincial or federal department. The applicant is responsible for determining and obtaining any permits required under AB Safety Codes, AB Transportation and any other applicable provincial and federal approvals prior to commencement. Municipal District of Taber 4900B - 50th Street Taber, Alberta T1G 1T2 403-223-3541 DEVELOPMENT PERMIT APPLICATION REQUIRMENTS Pursuant to Land Use Bylaw No. 2011 Page 2 of 2 (March 2025) Site Plan Requirements A site plan identifies the existing and proposed uses and structures on the subject parcel. It is desirable that the site plan and any accompanying drawings are on a scale appropriate to the development. If you are not submitting a professionally prepared site plan, please ensure that the plan is drawn on graph paper or on the grid paper provided in the development permit application. Please identify the following on the site plan:  North arrow, scale  Legal description and address, if applicable  Lot dimensions and area  Adjacent roadways and lanes and proposed access  All existing and proposed buildings, structures and uses with dimensions  Setbacks from property lines of all existing and proposed buildings, structures and uses  Water wells, cisterns, dugouts, if applicable  Septic system, tank and field, if applicable  Proposed and existing landscaping and fencing  Any easements and utility right of ways  Any pipelines and wells, including abandoned wells and required setbacks  Any drainage and water courses, irrigation canals/ditches/reservoirs, water bodies  Location and dimension of off-street parking and loading areas (for hamlets, home occupations and commercial and industrial development) Municipal District of Taber 4900B - 50th Street Taber, Alberta T1G 1T2 403-223-3541 FORM A: DEVELOPMENT PERMIT APPLICATION Pursuant to Land Use Bylaw No. 2011 Page 1 of 5 (March 2025) 1. APPLICANT & LAND INFORMATION Applicant's Name: _______________________________________ Phone: _______________________ Mailing Address: _________________________________________________________________________ E-mail Address: _______________________________________________________________________ Landowner's Name: ______________________________________ Phone: _______________________ Mailing Address: _________________________________________________________________________ Applicant's interest in the proposed development if not the landowner:  Agent  Contractor  Tenant  Other: _______________________________________ Quarter: _________ Section: _________ Township: _________ Range: ___________W4 Lot(s) __________________ Block: ________________ Plan: ___________________ Street or Rural address: ___________________________________________________________________ Titled Area of Parcel: ___________ Acres ________ Hectares Land Use District: __________________ Are any of the following within a ½ mile of the proposed development?  Provincial Highway  Confined Feeding Operation  Sour gas well or pipeline  Sewage treatment plant or Landfill 2. DEVELOPMENT INFORMATION Existing Development Please list the existing buildings, structures and use(s) of the land and indicate whether any are to be removed or relocated. ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ OFFICE USE Application No: Roll No: Use:  Permitted  Discretionary  Similar  Prohibited Application Fee: $ Date Received:  Abandoned Well Information Land Use District:  Rural Agricultural  Rural/Urban Fringe  Grouped Country Residential  Grouped Country Mixed-Use  Grouped Rural Industrial  Rural Highway Commercial  Hamlet Residential  Hamlet Commercial  Hamlet Industrial  Hamlet Public/Institutional  Hamlet Transitional/Agricultural  Private Commercial Recreation  Locality of Retlaw Direct Control  Linear Parcel Direct Control  Direct Control Application Deemed Complete: 20-Day Completeness Period: 40-Day Time Period: IDP Referral:  Yes  No Municipal District of Taber 4900B - 50th Street Taber, Alberta T1G 1T2 403-223-3541 FORM A: DEVELOPMENT PERMIT APPLICATION Pursuant to Land Use Bylaw No. 2011 Page 2 of 5 (March 2025) Proposed Development Please describe the proposed development including uses, buildings, structures, and any planned renovations and additions that are to be constructed on the lot; including the dimensions of each. ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ Please check the applicable box below:  Single Detached Dwelling (site built)  Manufactured Dwelling:  New  Used  Moved-in Dwelling (previously occupied)  Ancillary Structure/Building (e.g., deck/garage/shop)  Other Building Type: ______________________________  Addition: FOR NON-RESIDENTIAL DEVELOPMENT ONLY please check the applicable box below if the proposed development is for one of the following AND complete the supplementary form:  Commercial  Industrial  Public & Institutional  Home Occupation  Sign(s) (Form A1) (Form A1) (Form A1) (Form A2) (Form A3) Building Details Dimensions Principal Building or Addition Ancillary Building or Addition Office Use Building/Addition Size  m2  sq. ft  m2  sq. ft Height of Building  m  ft  m  ft Wall Height  m  ft Proposed Setbacks from Property Lines Principal Building Ancillary Building Front  m  ft  m  ft Rear  m  ft  m  ft Side  m  ft  m  ft Side  m  ft  m  ft Parcel Type:  Interior Lot  Corner Lot Development Details Is a new/additional driveway proposed to access the development?  No  Yes (specify) For Solar or Wind Development: Do you currently possess an Alberta Utilities Commission approval under Rule 24 (net-zero contract), or is approval pending? Please  one:  Yes  No  Pending Please provide the estimated total cost of development: $ Municipal District of Taber 4900B - 50th Street Taber, Alberta T1G 1T2 403-223-3541 FORM A: DEVELOPMENT PERMIT APPLICATION Pursuant to Land Use Bylaw No. 2011 Page 3 of 5 (March 2025) Exterior Finish, Fencing & Landscaping Describe generally the types, colors, and materials, as applicable, of: Exterior finishes of the proposed building(s): _________________________________________________ Proposed fencing and height: _____________________________________________________________ Proposed landscaping: _______________________________________________________________________ Describe any proposed improvements to the exterior of the dwelling where application is for a previously occupied dwelling (moved-in, manufactured used home): _______________________________________ ______________________________________________________________________________________ Services Indicate the proposed sewer system and potable water supply: Sewer System:  Septic field  Holding Tank  Municipal  Other(specify): ___________________ Water Supply:  Cistern  Water well  Dugout  Municipal/Regional/Co-op  Other(specify): _________________________________________ Waivers Is a waiver to one or more standards in the Land Use Bylaw being requested?  No  Yes If yes, please specify which standard(s) and reason waiver is requested: __________________________ ______________________________________________________________________________________ 3. DECLARATION OF APPLICANT/OWNER I/We have read and understand the terms noted below and hereby apply for a development permit to carry out the development described within this application including any attached supplementary forms, plans, and documents. I/We hereby certify that the registered owner of the land is aware of, and in agreement with this application. Further I/We hereby give my/our consent to allow authorized persons the right to enter upon the subject land and/or building(s) for the purpose of an inspection with respect to this application only. Date: ____________________ Applicant's Signature: ___________________________________________ Landowner's Signature:________________________________________ (if different from applicant) IMPORTANT: This information may also be shared with appropriate government/ other agencies and may also be kept on file by the agencies. This information may also be used by and for any or all municipal programs and services. The application and related file content will become available to the public and are subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP). If you have any questions about the collection of this information, please contact the Municipal District of Taber. Municipal District of Taber 4900B - 50th Street Taber, Alberta T1G 1T2 403-223-3541 FORM A: DEVELOPMENT PERMIT APPLICATION Pursuant to Land Use Bylaw No. 2011 Page 4 of 5 (March 2025) 4. TERMS 1. Subject to the provisions of the Land Use Bylaw No. 2011 of the Municipal District of Taber, the term "development" includes any change in the use, or intensity of use, of buildings or land. 2. The Development Authority may deem a development permit application incomplete if any of the application requirements are incomplete or the quality of the information is deemed inadequate to properly evaluate the application. If an application is determined to be incomplete, the applicant will be issued a written notice, delivered by hand, postal service, or electronic means, stating that the application is incomplete and listing the outstanding documents and information that must be provided within a date set out in the notice in order for the application to be considered complete. 3. Pursuant to Part 1, section 35.2, subsections (i) and (j) of the Land Use Bylaw No. 2011, the Development Authority may require any additional information in accordance with an adopted Intermunicipal Development plan, Municipal District of Taber Municipal Development Plan, or other adopted statutory plan; and, any such other information as may be required at the discretion of the Development Authority to accurately evaluate an application, determine compliance with the Land Use Bylaw, and/or other government regulations. 4. Although the Development Officer is in a position to advise applicants of the process and requirements of the development application, such advice must not be taken as official consent and is without prejudice to the decision in connection with the formal application. 5. Any development started before the issuance of a development permit and expiration of the appeal period is at the applicant's own risk. 6. If a decision is not made within 40 days from the date the application is deemed complete, or within such longer period as the applicant may approve in writing, the applicant may deem the application to be refused and the applicant may exercise the right of appeal as though the applicant had been mailed a refusal at the end of the 40-day period. 7. A development permit does not constitute a building permit or approval from any provincial or federal department. Construction undertaken subsequent to approval of this development permit application may be regulated by the Alberta Safety Codes. The applicant/owner/developer assumes all responsibilities pertaining to construction plan submissions, approval and inspections as may be required by the appropriate provincial body. The applicant is responsible for determining and obtaining any other applicable provincial and federal approvals prior to commencement. Municipal District of Taber 4900B - 50th Street Taber, Alberta T1G 1T2 403-223-3541 FORM A: DEVELOPMENT PERMIT APPLICATION Pursuant to Land Use Bylaw No. 2011 Page 5 of 5 (March 2025) Site Plan (Or attach separate site plan) Municipal District of Taber 4900B - 50th Street Taber, Alberta T1G 1T2 403-223-3541 FORM A1: COMMERCIAL/INDUSTRIAL/ PUBLIC & INSTITUTIONAL APPLICATION Supplement to Development Permit Application Pursuant to Land Use Bylaw No. 2011 Page 1 of 3 (March 2025) This supplementary Form A1 must be completed in addition to Form A: Development Permit Application if you are applying for a development permit for a commercial, industrial or public & institutional use. Applicant's Name: ______________________________________________ Phone: ________________________ Applicant's Mailing Address: _______________________________________________________________________ Legal Land Description of Proposed Development: _____________________________________________________ 1. This business will be an:  On-site Business  Off-site/Mobile Business Please attach a site plan or floor plan for the proposed business:  Attached Site Plan/Floor plan Please describe the proposed business including any goods, services and/or activities provided: _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ 2. Hours of operation: __________________________________________________________________________ Number of employees: _______________ Number of estimated clients/customers per day: _______________ How many off-street parking spaces for clients, employees, and deliveries will be available? ________________ 3. Describe the use, number, and size, of all commercial vehicles visiting the site: _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ 4. Describe how vehicles will access the site and the proposed internal circulation/parking plan and identify on an attached site plan: _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ OFFICE USE Application No: Roll No: Municipal District of Taber 4900B - 50th Street Taber, Alberta T1G 1T2 403-223-3541 FORM A1: COMMERCIAL/INDUSTRIAL/ PUBLIC & INSTITUTIONAL APPLICATION Supplement to Development Permit Application Pursuant to Land Use Bylaw No. 2011 Page 2 of 3 (March 2025) 5. Describe the proposed grading and drainage plan and identify on an attached site plan (please be advised, an engineered grading and drainage plan may be required): _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ 6. Are any outdoor storage areas proposed?  No  Yes Please describe the type (i.e., what is to be stored) and amount of items to be stored and identify area(s) on an attached site plan: _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ 7. Will there be any flammable or hazardous materials on the premises as a result of the business?  No  Yes (please list materials and estimated quantity) ___________________________________ 8. Are there any potential environmental impacts or nuisance effects associated with the business (e.g., processing by-products, fluids, noise, vibration, odour, unsightliness)?  No  Yes (please describe the potential impacts and the proposed mitigation plan): _____________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ 9. Is outdoor lighting proposed?  No  Yes Please specify type and amount and identify on an attached site plan: _________________________________________________________________________________________ _________________________________________________________________________________________ 10. Are any signs proposed for the business?  No  Yes Please specify number, type, and size and indicate on an attached site plan: _________________________________________________________________________________________ _________________________________________________________________________________________ Municipal District of Taber 4900B - 50th Street Taber, Alberta T1G 1T2 403-223-3541 FORM A1: COMMERCIAL/INDUSTRIAL/ PUBLIC & INSTITUTIONAL APPLICATION Supplement to Development Permit Application Pursuant to Land Use Bylaw No. 2011 Page 3 of 3 (March 2025) DECLARATION OF APPLICANT/OWNER The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in relation to the application for the proposed use. Date: ____________________ Applicant's Signature: ___________________________________________ Landowner's Signature:________________________________________ (if different from applicant) IMPORTANT: This information may also be shared with appropriate government/ other agencies and may also be kept on file by the agencies. This information may also be used by and for any or all municipal programs and services. The application and related file content will become available to the public and are subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP). If you have any questions about the collection of this information, please contact the Municipal District of Taber. Municipal District of Taber 4900B - 50th Street Taber, Alberta T1G 1T2 403-223-3541 FORM A2: HOME OCCUPATION APPLICATION Supplement to Development Permit Application Pursuant to Land Use Bylaw No. 2011 Page 1 of 2 (March 2025) This supplementary Form A2 must be completed in addition to Form A: Development Permit Application if you are applying for a development permit for a home occupation use. Applicant's Name: ______________________________________________ Phone: ________________________ Applicant's Mailing Address: _______________________________________________________________________ Legal Land Description of Proposed Development: _____________________________________________________ 1. This business will be an:  On-site Business  Off-site/Mobile Business Please attach a site plan or floor plan for the proposed business:  Attached Site Plan/Floor Plan Please describe the proposed business including any goods and/or services provided: _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ 2. Hours of operation: __________________________________________________________________________ Number of employees: ___________________ Do all of the employees live on the premises:  No  Yes If no, please specify how many of the employees do not live on the premises: ___________________________ Number of estimated clients/customers per day: ___________________________________________________ How many off-street parking spaces for clients, employees, and deliveries will be available? ________________ 3. Describe the use, number, and size, of all commercial vehicles visiting the site: _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ 4. Are any outdoor storage or display areas proposed?  No  Yes Please describe type and number of items to be stored and indicate location and proposed screening on an attached site plan (Note: outdoor storage or display exposed to public view not permitted in HR, GCR and GCM Districts): _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ OFFICE USE Application No: Roll No: Municipal District of Taber 4900B - 50th Street Taber, Alberta T1G 1T2 403-223-3541 FORM A2: HOME OCCUPATION APPLICATION Supplement to Development Permit Application Pursuant to Land Use Bylaw No. 2011 Page 2 of 2 (March 2025) 5. Will there be any flammable or hazardous materials on the premises as a result of the business?  No  Yes (please list materials and estimated quantity) ___________________________________ 6. Are any signs proposed for the business?  No  Yes Please specify number, type, and size and indicate on an attached site plan: _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ DECLARATION OF APPLICANT/OWNER The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in relation to the application for a Home Occupation. Date: ____________________ Applicant's Signature: ___________________________________________ Landowner's Signature:________________________________________ (if different from applicant) IMPORTANT: This information may also be shared with appropriate government/ other agencies and may also be kept on file by the agencies. This information may also be used by and for any or all municipal programs and services. The application and related file content will become available to the public and are subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP). If you have any questions about the collection of this information, please contact the Municipal District of Taber. Municipal District of Taber 4900B - 50th Street Taber, Alberta T1G 1T2 403-223-3541 FORM A3: SIGN APPLICATION Supplement to Development Permit Application Pursuant to Land Use Bylaw No. 2011 Page 1 of 2 (March 2025) This supplementary form A3 must be completed in addition to Form A: Development Permit Application if you are applying for a development permit for a sign. Applicant's Name: ______________________________________________ Phone: ________________________ Applicant's Mailing Address: _______________________________________________________________________ Legal Land Description of Proposed Development: _____________________________________________________ 1. Type of sign proposed:  Permanent  Temporary  Changes to an existing sign If temporary: Date sign will be displayed: ______________________ Date sign will be removed: ____________________ 2. Sign type:  Freestanding  Canopy  Fascia  Other (specify): _____________ Sign dimensions: ________ Length ________ Width Sign Height from Ground: __________________ Square footage of proposed sign:_______________________________________________________________ Sign materials: _____________________________________________________________________________ Please attach a site plan identifying the location(s) of the proposed sign(s):  Attached Site Plan 3. Will the sign be illuminated or animated or contain changeable copy?  No  Yes If yes, describe the type of illumination or animation or changeable copy format: _________________________________________________________________________________________ 4. Are there any existing signs on the lot?  No  Yes If yes, describe the type, size and height of each existing sign and identify their location(s) on a site plan: _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ OFFICE USE Application No: Roll No: Municipal District of Taber 4900B - 50th Street Taber, Alberta T1G 1T2 403-223-3541 FORM A3: SIGN APPLICATION Supplement to Development Permit Application Pursuant to Land Use Bylaw No. 2011 Page 2 of 2 (March 2025) DECLARATION OF APPLICANT/OWNER The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in relation to the application for a Sign. Date: ____________________ Applicant's Signature: ___________________________________________ Landowner's Signature:________________________________________ (if different from applicant) IMPORTANT: This information may also be shared with appropriate government/ other agencies and may also be kept on file by the agencies. This information may also be used by and for any or all municipal programs and services. The application and related file content will become available to the public and are subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP). If you have any questions about the collection of this information, please contact the Municipal District of Taber. Municipal District of Taber 4900B - 50th Street Taber, Alberta T1G 1T2 403-223-3541 APPLICATION FOR LAND USE BYLAW AMENDMENT Pursuant to Land Use Bylaw No. 2011 Page 1 of 3 (March 2025) 1. General Information Applicant's Name: _______________________________________ Phone: _______________________ Mailing Address: _________________________________________________________________________ E-mail Address: _______________________________________________________________________ Landowner's Name: ______________________________________ Phone: _______________________ Mailing Address: _________________________________________________________________________ E-mail Address: _______________________________________________________________________ Applicant's interest in the proposed development if not the landowner:  Agent  Contractor  Tenant  Other: _______________________________________ 2. Amendment Information What is the proposed amendment?  Land Use Redesignation (Rezoning)  Text Amendment (Amend/Add to Land Use Bylaw) For Land Use Redesignation, please indicate: Quarter: _________ Section: _________ Township: _________ Range: ___________W4 Lot(s) __________________ Block: ________________ Plan: ___________________ Street or Rural address: ___________________________________________________________________ Titled Area of Parcel: ___________ Acres ________ Hectares OFFICE USE Proposed Bylaw No: Roll No: Proposed Amendment:  Rezoning  Text Amendment Application Fee: $ Date Received: Proposed Land Use District:  Rural Agricultural  Rural/Urban Fringe  Grouped Country Residential  Grouped Country Mixed-Use  Grouped Rural Industrial  Rural Highway Commercial  Hamlet Residential  Hamlet Commercial  Hamlet Industrial  Hamlet Public/Institutional  Hamlet Transitional/Agricultural  Private Commercial Recreation  Locality of Retlaw Direct Control  Linear Parcel Direct Control  Direct Control Application Deemed Complete: Copy of Certificate of Title:  Yes  No IDP Referral:  Yes  No Municipal District of Taber 4900B - 50th Street Taber, Alberta T1G 1T2 403-223-3541 APPLICATION FOR LAND USE BYLAW AMENDMENT Pursuant to Land Use Bylaw No. 2011 Page 2 of 3 (March 2025) For Land Use Redesignation, please indicate: Current Land Use Designation: Proposed Land Use Designation: Reason for Amendment Request: For Land Use Redesignation, please attach the following additional information:  Conceptual Design Scheme, if applicable  Area Structure Plan, if applicable  Written narrative in accordance with Part 1, Section 65 of the Land Use Bylaw describing: - Future uses proposed - Consistency of the proposed amendment with the applicable statutory plans (e.g., Municipal Development Plan, Area Structure Plan) - Compatibility of the proposal with surrounding uses and zoning - Suitability of the site, including identification of any constraints and/or hazard areas (e.g. easements, soil conditions, topography, drainage, etc.) - Availability of facilities and services (sewage disposal, domestic water, gas, electricity, fire and police protection, schools, etc.) to serve the subject property - Access considerations including potential impacts on public roads - Any other information deemed necessary be the Development Authority or Council to property evaluate the proposal  Supporting studies, reports, or plans, if applicable  Other information as deemed necessary by the Development Authority or Council Municipal District of Taber 4900B - 50th Street Taber, Alberta T1G 1T2 403-223-3541 APPLICATION FOR LAND USE BYLAW AMENDMENT Pursuant to Land Use Bylaw No. 2011 Page 3 of 3 (March 2025) For Text Amendment, please attach:  Description of the proposed amendment including: o Section(s) of Land Use Bylaw to be amended or added o Change(s) to or additional text proposed to be included within the Land Use Bylaw o Reason for Amendment Request  Any other information deemed necessary by the Development Authority or Council to properly evaluate the proposal and/or understand the impacts and/or merits of the application 3. DECLARATION OF APPLICANT/OWNER I/We have read and understand the terms noted below and confirm the information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in relation to the application. I/We hereby certify that the registered owner of the land is aware of, and in agreement with this application. Further I/We hereby give my/our consent to allow authorized persons the right to enter upon the subject land and/or building(s) for the purpose of an inspection with respect to this application only. Date: ____________________ Applicant's Signature: ___________________________________________ Landowner's Signature:________________________________________ (if different from applicant) IMPORTANT: This information may also be shared with appropriate government/ other agencies and may also be kept on file by the agencies. This information may also be used by and for any or all municipal programs and services. The application and related file content will become available to the public and are subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP). If you have any questions about the collection of this information, please contact the Municipal District of Taber. 4. TERMS 1. An Area Structure Plan shall be a requirement for redesignation to the Grouped Country Residential District and the Grouped Country Mixed-Use District in accordance with the Land Use Bylaw. For redesignation to any other district, an Area Structure Plan or Conceptual Design Scheme may be a requirement in accordance with the policies of the Municipal Development Plan or as required in accordance with Part 5, Section 1 of the Land Use Bylaw. 2. Although the Development Officer is in a position to advise applicants of the process and requirements of an application for a Land Use Bylaw amendment, such advice must not be taken as official consent and is without prejudice to the decision in connection with the formal application. 3. Where a proposed amendment to the Land Use Bylaw has been defeated by Council, another application that is the same or similar in nature shall not be submitted until at least 6 months after the date of refusal, unless otherwise authorized by Council. M u n i c i p a l D i s t r i c t o f T a b e r L a n d U s e B y l a w N o . 2 0 1 1 APPENDIX B Fee Schedule M u n i c i p a l D i s t r i c t o f T a b e r L a n d U s e B y l a w N o . 2 0 1 1 APPENDIX C Subdivision and Development Authority and Appeal Board Bylaws MUNICIPAL DISTRICT OF TABER Bylaw No. 2015 A BYLAW OF THE MUNICIPAL DISTRIGT OF TABER IN THE PROVINCE OF ALBERTA FOR THE PURPOSES OF ESTABLISHING A SUBDIVISION AUTHORITY, DEVELOPMENT AUTHORITY AND MUNICIPAL PLANNING COMMISSION. Whereas the Council of the Municipal District of Taber intends to foster orderly growth and development in the municipal district; and Whereas the Council of the Municipal District of Taber has established a rationale for sound land use decisions in the municipal district through the Municipal District of Taber Municipal Development Plan; and Whereas the Council of the Municipal District of Taber recognizes that municipal development plans and other statutory plans of the municipal district may be implemented through a land use bylaw; and Whereas, section 623 of the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as amended, requires the Council of the Municipal District of Taber, by bylaw, to provide for a subdivision authority to exercise subdivision powers and duties on behalf of the municipal district and a development authority to exercise development powers and duties on behalf of the municipal district; and Whereas section 625(1)(a) of the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as amended, authorizes the Council of the Municipal District of Taber to establish a Municipal Planning Commission; and NOW THEREFORE, under the authority and subject to the provisions of the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as amended, the Council of the Municipal District of Taber in the Province of Alberta duly assembled does hereby enact as follows: 1 TITLE 1.1 This Bylaw shall be known as the "Municipal District of Taber Subdivision and Development Authority Bylaw". DEFINITIONS ln this Bylaw: 2.1 "Agreement" means the agreement or contract between the Municipal District of Taber and the Oldman River Regional Services Commission as amended or replaced from time to time; 2.2 "Authorized Person" means a person, organization, or regional services commission authorized by Council to which the municipality may delegate any of its Subdivision Authority or Development Authority powers, duties and functions; 2. 2.3 "CAO" means the Municipal Administrator of the Municipal District of Taber or their designate; 2.4 "Council" means the Council of the Municipal District of Taber; 2.5 "Designated Officer" means the person or persons authorized to act as a designated officer for the municipality as established by bylaw pursuant to section 210 of the MGA; 2.6 "Development Authority" means the development authority established by the Municipal District of Taber herein which is authorized to exercise development powers and duties on behalf of the M.D. as specified. 2.7 "Development Officer" means the person or persons appointed by Council or the CAO to the position of Development Officer and who is authorized to act in the capacity of designated officer for the purposes authorized in this Bylaw and the Land Use Bylaw and exercise development powers and duties on behalf of the M.D. as specified. 2.8 "Land Use Bylaw" means the Municipal District of Taber Land Use Bylaw, as amended or repealed and replaced from time to time; 2.9 "Members" means the Council members appointed to the Municipal Planning Commission annually at the Municipal District of Taber Organizational Meeting; 2,10 "MGA" means the Municipal Government Act, R.S.A. 2000, c. M-26, as amended or repealed and replaced from time to time; 2.11 "Municipal Development Plan" means the Municipal District of Taber Municipal Development Plan as amended or repealed and replaced from time to time; 2.12 "Municipal District", "Municipality" or "M.D." means the Municipal District of Taber; 2.13 "Municipal Planning Commission" means the Municipal Planning Commission of the Municipal District of Taber as established herein; 2.14 "Regional Services Commission" means the Oldman River Regional Services Commission. 2.15 "Planner" shall be the person assigned to act as the planning and development advisor by the Oldman River Regional Services Commission; 2.16 "Secretary" means the person or persons authorized to act as secretary for the Municipal Planning Commission. 2.17 "subdivision Authority" means the subdivision authority established by the Municipal District of Taber herein which is authorized to exercise subdivision powers and duties on behalf of the M.D. as specified. 2.18 All other terms used in this Bylaw shall have the meaning as is assigned to them in the Municipal Government Act, as amended from time to time. 3. SUBDIVISION AUTHORITY 3.1 A Subdivision Authority of the Municipal District of Taber is hereby established in accordance with the MGA. g.Z The Municipal Planning Commission shall serve as the Subdivision Authority for the Municipal District of Taber and is authorized to exercise subdivision powers and duties on behalf of the M.D. as sPecified. 3.3 The Municipal Planning Commission, acting as the Subdivision Authority, has those powers and'duties as ale specified in the MGA and any regulations made thereunder, the Land Use Bylaw, this Bylaw, or by resolution of Council. 3.4 Council may delegate or authorize the CAO to delegate any of the subdivision authority powers, duties or functions to an Authorized Person. 3.5 Council hereby delegates to the Planner and Regional Services Commission, as an Authorized Pelson, the authority to exercise subdivision powers, duties or functions as outlined in the Agreement, this Bylaw, the Land Use Bylaw, or as delegated by the M.D., including: 3.S.1 providing of advice to applicants for subdivision processing and seeking approvals; g.S.Z processing of applications for subdivision, including deeming applications complete ls per section 653.1 of the Municipal Government Act, Statutes of Alberta 2000, Chapter M-26, as amended; 3.5.3 collecting of all pertinent subdivision application fees; 3.5.4 undertaking the requirements for notification of applicants, pertinent agencies, government departments and adjacent landowners; 3.5.5 preparation of draft resolutions for consideration by the Subdivision Authority; 3.5.6 attendance at meetings of the Subdivision Authority as requested to do so; 3.5.7 compilation and documentation of all pertinent comments of those persons and local authorities to which the notice of application was given; 3.5,8 conducting a site inspection (where feasible to do so) at the location of the proposed application for subdivision approval; 3.5.g finalization and required signed endorsement of final subdivision approvals, plans of survey or other instruments for registration purposes at Land Titles Office; 3.5.10 conveyance of notification of final subdivision approval to the registered owner and/or the authorized agent; 3.S.11 maintenance of a subdivision file and corresponding archival information relating to the application for subdivision approval on behalf of the municipality; 3.5.12 providing of all pertinent information for consideration at a hearing of the appropriate subdivision appeal board; 3.S.13 attending, for the purpose of providing pertinent information, at an appeal hearing of a SuOOivision and Development Appeal Board or Land and Property Rights Tribunal; and 3.5.14 performing of any other duties or functions as requested, by resolution of council, as agr""dto by ihe designated Planner and Regional Services Commission. 4. DEVELOPMENT AUTHORITY 4.1 A Development Authority of the Municipal District of Taber is hereby established in accordance with the MGA. 4.2 The Municipal Planning Commission and the Development Officer, as prescribed in the Land Use Bylaw, shall serve as the Development Authority for the Municipal District of Taber and are authorized to exercise development powers and duties on behalf of the M.D. as sPecified. 4.3 The Municipal Planning Commission and the Development Officer, acting as the Development Authority, have those powers and duties as are specified in the MGA and any regulations made thereunder, the Land Use Bylaw, this Bylaw, or by resolution of Council. 4.4 Council may delegate or authorize the CAO to delegate any of the development authority powers, duties or functions to an Authorized Person. 5. DEVELOPMENT OFFICER S.1 The CAO is hereby delegated the authority to appoint one or more persons to the position of DeveloPment Officer' 5.2 The position of Development Officerforthe M.D. shall be filled by one or more persons as appointed by the CAO or by resolution of Council. 5.3 The Development Officer is hereby authorized to act as a Designated Officer for the M.D only for the purposes as specified in the Land Use Bylaw' 5.4 The Development Officer shall not be a member of the Subdivision and Development Appeal Board. 6. MUNIGIPAL PLANNTNG COMMISSION 6.1 The Municipal District of Taber Municipal Planning Commission is hereby established in accordance with the MGA. 6.2 The Municipal Planning Commission shall be comprised of five (5) members of Council appointed by a resolution of Council during the annual Municipal District of Taber Organizational meeting. 6.3 Three (3) voting members of the Municipal Planning Commission shall constitute a quorum for anY meeting. 6.4 The Municipal Planning Commission Chairperson and Vice Chairperson shall be appointed by Councit lt ttreir annual Organizational Meeting from amongst the members of the Municipal Planning Commission' 6.5 Members of the Municipal Planning Commission shall not be members of the Subdivision and Development Appeal Board. 6.6 The Development Officer or their designate shall serve as a non-voting advisor to the Municipal Planning Commission, shall attend all Municipal Planning Commission meetings, and carry out other duties as may be specified by the Municipal Planning Commission. 6.T The Planner or their designate shall serve as a non-voting advisor to the Municipal planning Commission and shall attend all Municipal Planning Commission meetings, as availability allows. 6.8 The CAO or their designate shall serve as a non-voting advisor to the Municipal Planning Commission and as the Secretary to the Municipal Planning Commission and shall attend all meetings and shall; 6.8.1 Notify all members of the Municipal Planning Commission of meeting dates and times and shall produce an agenda for each meeting. 6.9.2 Prepare and maintain a file of the written minutes of the business transacted at all meetings, 6.8.3 Carry Out other duties as the Municipal Planning Commission may specify. 6.9 The Council at their annual Organizational Meeting shall schedule the regular meetings of the Municipal Planning Commission. The Municipal Planning Commfusion may reschedule regular meetings where necessary to accommodate Members attendance or ensure quorum. The Municipal Planning Commission may hold special meetings at the call of the Chairperson or Vice Chairperson, as required. 6.1O Members may attend meetings and hearings by electronic means provided that notice is provided in accordance with Section 199 of the Act' 6.11 Only those Members of the Municipal Planning Commission who are present at a meeting shall be present to vote on any matter before it' 6.12 The decision of the majority of the Members present at a meeting duly convened shall be deemed to be the decision of the Municipal Planning Commission. ln the event of a tie vote, any motion of the MPC shall be deemed to be defeated, whereupon a subsequent motion(s) may be made and a decision issued to refuse the application with reasons or approve the application with or without conditions or, where a tie vote persists, a determination made of a failure to make a decision. 6.13 The Municipal Planning Commission may make rules as are necessary for the conduct of its meetings and its business that are consistent with the MGA, applicable provincial legislation, applicable Bylaws of the M.D. including the Procedural Bylaw, tfre CoOe of Conduct Bylaw, the Land Use Bylaw, the Municipal Development Plan, the Advertising Bylaw, Public Participation Policy and other policies and bylaws of the M.D. as may be adopted or amended from time to time' 7. OTHER PROVISIONS The Municipal Planning Commission and the Development Officer, as applicable, shall ensure that any decision on any application for subdivision or development is consistent with the Municipal Government Act, applicable provincial laws, statutes 7.1 7.2 7.3 and regulations, Regional plans, lntermunicipal Development Plans the Municipal Development Plan, the Land Use Bylaw and Area Structure Plans. The Municipal Planning Commission and the Development Officer, as applicable, may make orders, deciiions and issue notices of decisions with or without conditions as prescribed within the MGA and any regulations thereunder, the M.D. Municipal Development Plan and Land Use Bylaw. Neither the Municipal Planning Commission nor the Development Officer has the authority to make financial decisions on behalf of the M.D. Any matter before the Municip-al Planning Commission or the Development Officer that contemplates financial considerations must be presented to Councilfor decision. 8. 10. 9 7.3.1 Notwithstanding Section 7.3 the Municipal Planning Commission may waive a development permit application fee' SEVERABILITY 8.1 lf any portion of this Bylaw is deemed invalid by a court of competent jurisdiction, then the invalid portion muit be severed and the remainder of the Bylaw is deemed valid. REPEAL g.1 Municipal District of Taber Subdivision and Development Authority Bylaw No. 1942 is hereby repealed upon third reading of this Bylaw. IN FORCE 10.1 This Bylaw shall come into force and takes effect upon the date of third reading and signing in accordance with the MGA. READ a First time this 11th day of March, 2025' READ a Second time this 11th day of March, 2025' READ a Third time this 11th day of March, 2025' SIGNED AND PASSED this 11th day of March, 2025' Chief Administrative Officer A BYLAW OF TI INTERMUNICIPI MUNICIPAL DISTRICT OF TABER IN THE PROVINCE OF ALBERTA CHINOOK INTERMUNICIPAT SUBDIVISION AND DEVELOPMENT APPEAT BOARD BYLAW NO. 1945 {E MI.JNICIPAL DISTRICT OF TABER IN THI PROVINCI OF ALBERTA TO ESTAELISH AN L SUEDIVISION AND OEV€I.OPMENT APPEAL BOARD; lhe Municipol Governhent Act, Revised Stotutes ol Alberto 2000, Chopter M-26 as time to time requires the municlpality to adopt a bylaw to establish a Municipal Development Appeal Board or an Intermunicipal Subdivision and Development Appeal he Council of the Municipal District of Taber wishes to join other area municipalities to nook lnlermunicipalsubdivision and Development Appeal Board; ;he Chinook lntermunicipalSubdivision and Oevelopment Appeal goard i5 authorized to ion appeals resultinB from decrsrons of a Subdivision Authority or a Development Prdance with the South Saskatchewan Regional plan ISSRq), the Municipol Government iubdivrsion and Development Retulation, the local Land Use Bylaw and statutory pldns; lE, the Council of the Municipat Distnct of Taber in the province of Alberta duly Lts as follows: fnay be cited as the Chinook lntermunicipal Subdivision and Development Appeal Board \TION section 627(1)(b) ofthe MGA, this bylaw hereby authori2es the municipatity to enter an with the other participatinB municipalities to establish the Chinook lntermunicipal and Development Appeal Board. AND WHEREAS amended from I Subdivision andl Eoard; AND WHEREAS tr e(ablish the chl AND WHEREAS ] render decrsion Authoritv in accl Act (MGA), the I NOW THEREFOI assembled, enat 1. TITLT 2. AUTHORIZI Pursuant td agreement Subdivisi 3. DEFINITIO s This Eylaw Bylaw. Appellant Authority ns the person who may file an appeal to the Board from decisions of a Subdivision a Development Authority in accordance with the M6A Board mea s the Chinook lntermunicipal Subdivision and Development Appeal Board established pursuant t this bylaw. ber means an appointed member ofthe Chinook tntermunicipalsubdavision and Board Develo Appeal Board appointed in accordance with this bylaw and who has obtained provincial training a certification Board Pan I means the group of appointed Board Members actively sittinB to hear and decide on an appeal at a aPpealhearioE. Chair mea s the person elected from the Board panel members sitting to hear an appeal to act as the person presides over the hearing and the procedores Chief Ad nistrative Officer (CAO) means the individual appoioted to the position for the municipal in accordance with the MGA Clerk mea the person or persons who has completed training and is certifaed by the province and act as the administrative clerk for the lntermunicipal Subdivision and Development aLrthorized M u o icipo I D isttict ol Tobe r ok lnteftnunicipol Subdivision ond Development AppeolSootd Aytow No. 7945 poge 7 ol s I I tl I Appeal Board by the member municipality within which the appeal is held. Conflict of lnterest mean5 both Common taw Bias and pecuniarylnterest. Council means the Council of the Municipal District of Taber. Development Authority has the same meaning as in the M6A_ Hearint means a public meeting convened before the Board acting as a quasi-judicial body to hear evidence and determine the facts relating to an appeal of decisions of a Subdivision Authority or a oevelopment Authority, prior to the Board making a decision on the matter subject to the appeal. Municipality means the municipal corporation of the Municipal District of Taber together with its jurisdictronal boundaries, as the context requires. Panel Member means an individual Board member participating in the group panel to herr an appeal. Participating muni.ipality means a municipality in the province of Alberta who ha5 entered into an agreement with other municipalities, as referred to in Section 2 ofthis bylaw, to establish the Chinook lntermunicipal Subdivision and Development Appeal Board. Procedural guidelines means the policies, processes and administrative matters applicable to the filing of an appeal and conducting a hearing, and the roles, duties and conduct of Board members and Clerks. Subdivision Authority has the same meaning as in the M6A. Subdivision and Development Appeal Board has the same meaning as in the M6A. Quorum means the minimum number of Soard panel members required to hear an appeat. Municipol Governfient A6f (M6I) mea ns the Municipol Govefiment Act, Revised Stotutes ol Alberto 2000, Chopter M-26, as amended from time to time. Chinook lntermunicipal Subdivision and Developmedt Appeal Board means the Board established by agreement to act as the Subdivision and Development Appeal Board. All other terms used in this Bylaw 5hall have the meaning as is asligned to them in the Municipal GovernmentAct, as amended froIn time to time. 4. APPOINTMENT OF THE BOARD (1) The Board is comprised of the member representative{s) as appointed by the participating m!nicipalitie5. (21 A municipality may participate in the Chinook tntermunicipal Subdivision and Development Appeal Board withour appointint individual representative(s) by utilizinB the appointed Board Members of the other participating member municipaljties to act on the municipality,s behalf as its appeal body. {3) For each member municipality appointing individual Board Member representative{s) to the Chinook lntermunicipal Subdivision and Development Appeal Board, the appointment shall be made by resolution of Council. Appointed Boa.d Members from a municipality shall consist of no more than three (3) members, with no more than one (1) bein8 an elected official and the other two (2) being non-elected officials who are persons at large. tf two (2) or less persons are appointed as members, they must be non-elected persons at large. (4) For those member municipalities appointing individual representative(s) to the Board, the remaining composition of the Board panel Members shall be the appointed members from the othermunicipalitiesoftheChinooktntermunicipalsubdivasionandDevelopmentAppealBoard. (S) Appointments to the Chjnook Intermunicipal Subdjvjsion and Oevelopment Appeal Board shall be made for a term of not more than three years. Reappointment, must coincide with the guccessful completion of the mandatory provincial refresher trainint course to be taken every three (3)years. Municipol Dittrid ol fobe r Chinook lntenuhicipo I Subdivision ond Development AppeolBootd Byldw No.7g4S Poge 2 ols (6) Boa Members may be appointed for a two (2) or three (3) year term, at the discretion ot the pality, for the purpose of establishing a staggered expiration of terms amongst the Board ers. Member may resign from the Chinook lntermunicipal Subdivision and Development Appe I Board at any time by providing written notice to the municipality to that effect (8) whe may a) Council has appointed a Board Member representative(s) for the muniaipality, Council move its individual appointed Board Member representative(s) at any tim; ifi the opinion of Council, a Board Member is not performing his/her dutiesjn accordance ith the MGA, this Bylaw or the rules of naturaljustice, (7) AB b) c) {2) For t (3) Iwo ( muni Mem lfav any t Coun Board Member is absent for more than three (3)consecutive heari nts to which he/she been assigned to sit on the Board panel without reasonable cause ,or Board Member has participated in a matter in which that 80ard Member has a confrict lntere5t, contrary to the provisions of this gylaw. 5. COM ON (1) The sha l1 ard Members of the Chinook tnternlunicipal Subdivision and Develo pment Appeal Board t in Panels, and tlvo {2) or more panels may meet simultaneously. The Panels have att the ers, duties ard responsibjljties of the Subdivision aod Oevelopme nt AppealBo3rd e purpose of this 8ylaw, the goard panel formed from the a ppointed members of the Chino k lntermunicipal Subdjvision and Development Appeal Board to hear an appeal, shall lly be composed of not less than three (3) persons, with no more than one {1) being an elec official (1) cancy of an appointed Board member represeotative from a munici pality shall occur at , the municipality may appoint another person to fill the vaca ncy by resolution of ) Board Members constitute a quotum of the 6oard panel n appointed as a Board Member in accordance with this Byla\/ must successfully te and maintain the mandatory provincialtraini ng and certificatjon prior to sitting on a hear an appeal Paael Members of the Chjnook lntermunicipal Subdivision and Development Appeal shall not be members of a Municipal Subdivision Authority or Devefopra", nriior,ty ". ipalemployees ofthe municipality in which the appeal is located. (5) rn th absence of the municipal appointed member representative(5) of the municipality an whlc the appeal originates being available to sit on a panel, then the appointed panel Member repre ntative(s) from the other nlunicipalities of the Chinook lntermuniaipal Subdivision and Deve pment Appeal Board shall form the compositio n of the Board panel to hear and decide atter of appeal on behalf of the municipatity (6) Boa Boa muni {7) A pe comp Pa ne 6. CO5T5 AN REMUNERATION (1) Boa (2) Costs (11 The c requ (2) The part Mernbers may be entitled to reasonable remuneration for time and expenses relatrng to patinB on a Boaad Panel. lated to appeal hearings and the remuneration to goard Mernbers shall be provided as spe ed in the intermuniaipal agreement of the participatinI members of the Chinook lnte unicipal Subdivision and Development Appeat Board 7. DUTIES O IHE INTERMUNICIPAI. SUEDIVISION AND DEVETOPMENI APPEAT BOARD inook lntermunicipal Subdivision and Development Appeal Board shall hold hearin8s as d pursuant to the Mun icipol Govemfient Act on a date to be determin"O tf tf,e Aoara. ard, and those Members who sit as a Board panel hearing an appeal,shall govern its and hearings in respect of the processes and procedures as outlineO in tf," pioc"urr.af a ctro Muntceot Dt:t,ict ol tobet ook lntetmunapct Subdtvts,on onct Dpvetopment Appeot Bootd Bytaw No_ 1g4S poge j ol5 I I ll 1l I lt rl 1 G uidelines (3) A Board Member may only participate in an appeal hearing if they have successfully completed the mtsndatory provincial training prior to the appeal hearing date. (4) The Board Panel may, at its discretion, agree to adjournments in respect of the processes and procedures as outlined in the ProceduralGuidelines. {5) AEoardPanel hearinBanappeal shall appoint a Chair to preside over the proceedings prior to the commencement of the hearing. (6) Anorder, decision orapprovalmade,givenorissued bythe Board paneland underthe signature of the Chair, or a Board Member actinS as a desi8nate, is the decision of the Board. (7) The Board Members shall conduct themselves in a professional, impanial and ethical manner and apply the principles of administrative justice and judicial fairness. (8) The Board Members shall consider and act in respect of the Chinook tntermunicipalsubdavision and DevelopmentAppeal Board ProceduralGuidelines. (9) The Board does not have the jurisdiction or authority to award pecuniary or monetary awards or costs to any persons, entity or organization involved in an appeal. 8. APPEAI. fILING (1) An appeal shall be filed in writing by an appellant, in accordance and in the manner prescribed in the MGA, to the municipality and include the payment ofthe appticable municipalappeal fee. (2) lf there as a question about the validity of an appeal being fited, the Board panel must convene the appeal hearing in accordance with the MGA to establish jurisdiction and then it may decide on the matter of validity. lt shall be the responsibility of the Board panel to make the determination of whether the appeal is valid. (3) ln the event an appeal is abandoned or withdrawn in writinB by the appellant, the Board panel shall not be obliBed to hold the appeal hearing referred to in the M6A unless another notice of appeal has been served upon the goard in accordance with the MGA. 9, CTERX RESPONSISII-ITIES AND DUTIES (1) Counril 5hall by resolution appoint a Clerk as a designated officer, or sub-delegate to its CAO the authority to appoint a Clerk or Clerks, for the specific purposes of providint administrative assistance to the Eoard in fulfill:nB its legislative duties. (2) The appointed Clerk shall attend all meetings and hearinBs of the Chinook lntermunicipal Subdivision and Development Appeal Board held in that member municipality, but shall not vote on any matter before the 8oard. (3) A person appointed as a Clerk to assist the Chinook lntermunicipal Subdivision and Development Appeal Board in accordance with this bylaw mo5t have successfully completed the mandatory provincial traininB prior to assisting the Board in its legislative duties. (4) The Clerk, acting forthe Board, shall accept on behalfofthe Board appeals which have been filed with the municipality in relation to a decision of the Subdivision Authority or the 0evelopment Ar/thoriW. (5) The Clerk of the Board shall keep records of appeals and proceedings for the municipality in which the appealhas been filed, as outlined an the Procedural6uidelines. 10, ADMINISTRATIVE (1) Sintularand Masculine-Words impofting the singular number shallinclude the pluralnumber and vice versa and words importing one tender only in this Eylaw shall include all genders and word5 importing parties or persons in this Bylaw shall include individuals, partnerships, M u A i cipo I D i snict of To be t Chinook lntermunicipol Subdivision ond Development Appeol Bootd Bylow No. 7945 Page 4of5 (2) 11, ENACTME T corpo tions, and other entities, letal or otherwise provt other rovisions of this Bylaw shall remain valjd and enforceable aw shall come into effect upon third and final reading thereof law rescinds Bylaw No. 1628, beint the former municipalsubdivision and Development Board Bylaw, and any amendments thereto. bility - Every provision of this Bylaw is independent of all other provisions and if any on of this Bylaw is declared invalid for any reason by a court of competentjurisdiction, all (1) Ihis (2) This Appe READ a first Im this 12 day of March, 2019 REA0 a second ime this 12 day of March, 2019 ChieJ Administtative oJfkei ChieJ Adninistrative Ollicet Derrick Ktison Ollicer - Derrick Kfizson READ a third ti and finally PASSED rhis 12 day of March, 2019 Municipa I District ofTober inaok lntennunicipol Subdivision ond Development AppeotBootd Bytow No. 1g4S poge S ofs